trangressionibus suis predictis fecerint datum apud Sale in Com. predicto sub sigillo meo die Anno supradictis The forme of the Mittimus to the Gaoler may be thus 24. Com. Dublin Iohn Stile Esquire one of the Iustices of peace of our soveraigne Lord the Kings Majestie within his said County of Dublin to the keeper of his Majesties gaole in the said County and to his Deputy and Deputies there and to every of them greeting Whereas upon complaint made to me this present day by A.B. of Killmainham in the said County Yeoman I went immediately to the dwelling house of the said A.B. in Killmainham aforesaid and there found C.D.E.F. and G.H. of Killmainham aforesaid Labourers forceibly and with strong hand and armed power houlding the said house against the peace of our said soveraigne Lord and against the forme of the statute of Parliament thereof made in the fifteenth yeare of the Raigne of our late King Richard the second therefore I send you by the bringers hereof the bodies of the said C.D. E.F. and G.H. convicted of the said forceible houlding by my owne view testimony and record commanding you in his Majesties name to receive them into your said Gaole and there safely to keepe them untill such time as they shall make their fynes to our said soveraigne Lord for the said trespasses and shall be thence delivered by the due and orderly course of Law whereof faile you not upon the perill that may ensue thereof Given at Dale under my seale the day of c. Upon this recording of the force the Iustice of peace may not restore the possession to the party that was put out without first making enquiry by a Iury and to that end he must make a precept to the Sheriffe in nature of a venire facias The forme of the precept may be thus 25. Iohannes Stile armiger unus Iusticiariorum Domini Regis Com. Dublin ad pacem in Com. Dublin conservandam assignatorum vicecomiti ejusdem Com. salutem ex parte dicti Domini Regis tibi mando precipio quod venire facias coram me apud Swords in Com. predict vicessimo die Septembris proximo futuro viginti quatuor probos sufficientes legales homines vicineto de Dale in Com. pred quorum quilibet habeat quadragint solidos terr tenementorum vel redditum per annum ad minus ultra reprisas ad inquirendum super sacramentum suum pro dicto Domino Rege de quodam ingressu manuforti facto in unum messuagium cujusdam A.B. apud Dale predictum contra formam statuti in Parliamento Domini Henrici nuper Regis Angliae Sexti Anno Regni sui octavo tento aliorum statutorum in hujusmodi casu provis ut dicit videas quod super quemlibet Iuratorum per te in hac par te impanilandorum vigint solidos de exitibus ad prefatum diem returnes hoc nullatenus omittas sub poena vigint librarum quam noveris te incursum si in executione premissorum tepidus aut remissus fueris habeas ibi tunc hoc preceptum Teste me prefato Iohanni Stile primo die Septembris Anno Regni Domini nostri Caroli Dei gratia Angliae Stotiae Franciae Hiberniae Regis fidei defensor c. If upon the returne of this precept a full Iury doe not appeare an alias may be awarded and after that a pluries infinite till they come but so that at the day of the returne of the second precept there must be returned 40 s in Issues upon every Iuror that makes default and at the returne of the pluries 5.l and at every day after the issues are to be doubled untill a full Iury appeare and after that a full Iury hath appeared the Iustice of peace must sweare twelve or more of them and give them in charge to enquire of that particular forceible Entrie or detainer The Enquiry or verdict of the Iurors may be thus Com. Dublin 26. Inquisitio pro Dom. Rege capta apud Swords in Com. Dublin vicessimo die Septembris Anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Regis fidei defensoris c. per sacramentum A. B.C.D.E F. c. and so name all the Iurors that are sworne coram me Iohanne Stile Ar. uno Iusticiariorum dicti Domini Regis ad pacem in dicto Comitatu conservandam nec non ad diversa felonias transgressiones et alia malefacta in eodem Comitatu perpetrata audiendum et terminandum assignat Qui dicunt super sacramentum suum predictum quod C.D. de Swords predict Yeoman diu legitime et pacifice sesitus fuit in dominico suo ut de feodo de et in uno messuagio c. cum pertinentijs in Swords predict et possessionem ac seisinam suam predictam sic continuavit quosque A.B. de Swords predict Yet these words vi armis here seeme to be needlesse being necessarily implyed in the word manuforti Yeoman et alij malefactores ignoti primo die Septembris ultimo elapso vi et armis viz. baculis gladijs arcubus et alijs armis tam offensivis quam defensivis in messuagium predictum et ceteris premissis intraverunt ac ipsum C.D. inde deseisiverunt et manuforti expulerunt et eundem C.D. sic disseisitum et expulsum ab eodem messuagio c. Ã predicto primo die Septembris usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine et potentia armata extra tenuerunt et adhuc extra tenent in magnam pacis dicti Domini Regis perturbationem ac contra formam statuti in hujusmodi casu edit et provis Or thus upon the statute of 8. H. 6. And yet it seemes not best to recite the statute but shew the forcâ—ible Entrie c. and to conclude contra formam statuti in hujusmodi casu edit provis short and not at large and then â—t will referre to one or more statutes as the case requireth 27. Iurator pro Dom. Rege presentant quod cum in statuto in Parliamento Domini Henrici nuper Regis Angliae Sexti apud Westmonestarium Anno Regni sui octavo tent edit inter cetera continetur quod si aliqua persona sive aliquae personae de aliquibus terris aut tenementis manuforti expuls seu disseisit vel pacifice expellatur et postea man â—forti extra teneatur vel aliquod feoffament vel discontinuac inde post talem ingressum ad jus possessoris defraudand et tollendum aliquo modo fiat habeat in hac parte pars gravat versus talem disseisitor assisam nove disseisin vel breve transgress et si pars gravat per assisam vel per actionem transgressiones recuperet vel per veredictum vel aliquo alio modo per debitam legis formam inveniatur quod pars defendens
ca. 9. 20. That the Iustices of peace in every County in two of their Sessions to be holden betwixt the Feast of Easter and Saint Michael shall make proclamation by their discretion after the dearth of victuals how much every Mason Carpenter Tyler and other Craftesmen workemen and labourers by the day aswell in harvest as in other times of the yeare after their degree shall take by the day with meate and drinke or without meate and drinke betweene the two Sessions aforesaid notwithstanding the statute thereof heretofore made and that every man obey to such proclamations from time to time as a thing done by statute Anno 13. Ri. 2. cap. 8. vide 33. H. 8. cap. 9. in Ireland that these proclamations must be in the next Sessions after Easter and Michaelmas 21. That no Labourer be retained to worke by the weeke not that no Labourers Carpenters Masons Tilets Plaisterers Daubers Coverers of houses nor none other Labourers shall take any hire for the holy dayes nor for the Evens of Feasts where they doe not labour but till the houre of Noone but only for the halfe day upon the paine that such Labourer Carpenter Mason Tiler Plaisterer Dauber Coverer of houses or any other Labourer that taketh contrary to this statute shall pay to the King for every time that he doth so contrary 20. s. Anno 4. H. 4. ca. 14. 22. The statute of Labourers made at Canterbury and all other good statutes of Labourers made and not repealed be firmely holden and kept and put in due execution and moreover that the Iustices of peace have power to send their writs for such fugitive Laborers to every Sheriffe of the Realme of England and to make such processes as the statute of Anno 34. Ed. 3. cap. 10. requireth to bring them before them to answere to our soveraigne Lord the King and to the parties of the contempts and Trespasses made or done against the ordinances and statutes aforesaid in like manner as the Iustices have power to send to every Sheriffe for the Theeves before them indicted And also that all the statutes and ordinances of Labourers servants and artificers before this time made and not repealed be exemplified under the great Seale and sent to every Sheriffe of the Realme thereof to make Proclamation in full County and after this Proclamation so made that every Sheriffe shall cause the same Ex-emplification to him directed to be delivered to the Iustices of the peace in his County named in the Quorum or to one of them to remaine with such Iustices which be or shall be for the better putting of the aforesaid statutes and ordinances in due execution And also that the Iustices of peace from henceforth have power to examine aswell all manner of Labourers and servants and their masters as Artificers by their oathes of all things by them done contrary to the said ordinances and statutes and upon that to punish them upon their confession after the effect of the statutes and ordinances aforesaid as though they were convict by Inquest and that the Sheriffe in every Shire of the Realme shall doe well and duely in his office in this behalfe upon paine to lose and to forfeit to our Soveraigne Lord the King Twenty pounds Anno 2. H. 5. cap. 4. 23. If any servant of husbandrie purposing to depart from his Master at the end of his Terme at the midest of his Terme or otherwise make a Covenant before with another man to serve him for the next yeare if he be in such case as the law will compell him to serve that the said servant and he which so shall make covenant with him at the middest of the said Terme or before shall give warning to the master of the said servant of the said Covenant so newly made so that the same master may provide another servant against the end of his Terme and if any covenant with any such servant be otherwise made or such warning in manner and forme aforesaid not had that the same Covenant shall be voide and that the same servant be compelled to serve his first master for the next yeare except that a lawfull cause being of a latter time require the contrary and if any person refuse to serve or labour for the wages assessed by the Iustices of peace then every Iustice of peace in their Counties shall have power at every time to call them to examination of the same and such as they shall finde defective to commit to the gaole there to remaine till they have found sufficient surety to serve and labour in forme by the law required And if any servant Artificer workman or labourer doe contrary to the premisses or deny his service occupation of labour by reason of not giving of salarie or wages contrary to these statutes that hee shall lose to the partie that will sue in this behalfe 20. s. and that the said Iustices of peace shall have power to heare and determine all manner of offences done contrary to the forme of this statute aswell at the Kings suit as at the parties And that every of the Kings leige people may have the suit against every person that shall offend in any point against this statute and the processe shall be by Attachment Capias and Exigent and that the Iustices of peace shall assesse no fyne upon any which shall be convict before them of any thing done to the contrary to any statute of Labourers or Artificers or for this cause to put him in the good grace of out Soveraigne Lord the King under three shillings foure pence And also that the Iustices of peace thorow the Realme two times every yeare shall doe openly to be proclaimed in their Sessions all the statutes of Labourers Artificers Hostlers Victualers servants and Vagabonds before this time made and not revoked with this statute Also that by colour of the Tenure of lesse lands then the husbandry of the same shall suffice to the continuall occupation of one man no man shall be excused to serve by they yeare upon the paine to be justified as a Vagabond also that Iustices of peace shall have power to take all servants retained with any person by colour of Husbandrie and not duely occupied about the same which servants ought by the law to be servants of Husbandrie to such as shall require their service and to justifie them in every point as the same Iustices have power to justifie Vagabonds 23. H. 6. ca. 13. 24. And now because the rating and assessing of the wages of Labourers Artificers and Servants by force of an Act of Parliament made in Ireland in Anno 33. H. 8. cap. 9. 33. H. 8. ca. 9. in Ireland is to be done by the Iustices of peace so as by this statute all the former statutes are altered in that particular point of wages only It will not be amisse to recite the statute verbatim which is as followeth 25. Forasmuch as prices of victuals cloth and other necessaries
as the parties Our soveraigne Lord the King by authority of this Parliament hath ordeined and stablished that the statutes and ordinances aforesaid shall be firmely kept and holden and straitly executed And moreover for to eschew diverse great mischieves which have happened within the Realme of England by the said auncell and specially for to destroy the falsity of the regratours of yarne called yarne Choppers it is ordeined by our said soveraigne Lord the King by authority aforesaid that in every City Borough and Towne of the Realme of England common balance shall be with common weights sealed and according to the Standerd of the Exchequer upon the common Costs of the said City Burgh or Towne in the keeping of the Maior or Constable of the same to which balance and common weight all the Inhabitants of the same City Burgh or Towne that have not such weights and other that have if they will may freely weigh without any thing paying taking neverthelesse of forreyns for every draught within the weight of xl li. a farthing and for every draught betwixt xl li. and an hundred an halfpeny and for every draught betwixt a hundred pound and a thousand pound a penny at the most whereof the weights shall be maintained and the officers lawfully weighing rewarded by the discretion of the chiefe of the City Burgh or Towne according to his attendance to the said occupation be it more or lesse And that no man buy yarne of wooll called wollen yarne unlesse he will make cloth thereof nor use weight nor measure nor other thing in the place of weight or measure that is not sealed according to the said Standerd nor set any thing to the same by the way of taking or hiding or in any other manner that may encrease the measure or weight or let the balance to have his naturall course upon the forfeiture and paine aforesaid and that the Iustices of peace Maiors Bailiffes and Stewards of Franchises have power by authority aforesaid to examine the Trespassours in this case and for to enquire in especiall of offendors against this ordinance and to doe execution against them that be found defective by enquests or by examination to be made by the said Iudges or officers in this case in the manner as afore is said And that this ordinance be holden and observed from the Feast of Easter next ensuing for ever And that every City upon paine of x. li every Burghe upon paine of C.s. and every Towne where a Constable is upon paine of xl.s. have a common balance with weights according to the said Standerd within two moneths after Proclamation made of this ordinance which paine shall be levyed to the use of our soveraigne Lord the King as often as they shall be defective after the said Proclamation 14. There is another statute made in Ireland in anno 12. El. ca. 3. concerning measures of Corne whereby it was enacted that two measures of brasse should be made at the Queenes cost one for wheat Rye Maslen Beanes and Peese and another for Malt Oates and Barley which shall bee the Standerds for the Shires of the City of Dublin the county of Dublin Kildare Catherlagh Wexford Meath the Towne of Drogheda Westmeath Louth Kings County and Queenes County within this Realme and that the same being marked with the Crowne and letters of her majesties name should remaine and be as her highnesse Standerds for the Shires aforesaid in her Majesties Exchequer of this Realme in the custody of the Lord Treasurer of this Realme or of the under Treasurer for the time being and that unto the Knights Citizens and Burgesses of every the Shires Cities and Townes before named assembled in the same Parliament and to certaine Burgesses of the Borough Townes in the same Shires should be delivered one measure of every such measures which her Majestie should cause to be made according to the tenor of the said Act for the common wealth of her highnesse subjects within this Realme of Ireland according to her Majesties Standerd of her Exchequer in this Realme by Indenture thereof to be made betweene the Lord Treasurer of this Realme or the under Treasurer for the time being at the cost and charges of the said Shire City Towne or Borough and that the said Knights Citizens and Burgesses to whom the said measure shall be delivered as is aforesaid shall surely and safely convey or cause the same to be conveyed by the said Citizens to their Cities and by the said Knights or Burgesses unto such Borough or Towne corporate or market Towne within the Shire for which they have beene elected as hereafter shall be appointed in this Act for the good custody of the same measures withall convenient speed and expedition there to remaine for ever in the keeping of the Maior Bailiffe Soveraigne Portriffe or other head officer for the time being of the same City Borough or Towne as her Majesties Standerds of measure and that the Inhabitants of all Cities Boroughes or market Townes within every of the said Shires should with all convenient speed after the same Standerds so delivered as is before prescribed make or cause to be made common measures according to the measures aforesaid to remaine in the said Cities Boroughes and market Townes and every of them and the measures to be viewed examined printed signed and marked by the Mayor Bailiffe Soveraigne Portriffe or other head officer in whose possession the said Standerd shall remaine or by his officer appointed in that behalfe and that every of the aforesaid Maiors Bailiffes Soveraignes Portriffes or head officers having the said measures printed and signed under the signe and print for the same with the letters of her Majesties name Crowned should have authority and power to make signe and print like measures unto every of her Majesties subjects duely requiring the same taking for marking of every bushell two pence lawfull money of Ireland and that no Merchant nor other person or persons within any City or market Towne in any the Shires before specified shall buy sell or receive any graine or corne with any measure except it be marked signed and printed in manner and forme aforesaid nor any other person or persons in any Shires before specified out of the said Cities Boroughes and market Townes except it be like and equall with the Standerd ordained and made for the said Shire precinct or place where any such person shall so sell buy or receive any such graine or corne and that every person aswell without Cities Boroughes and market Townes as within in every of the Shires above specified shall buy sell and receive and deliver with a bushell sealed signed and marked after the forme aforesaid and no otherwise upon forfeiture of the graine and corne so sold bought received and delivered halfe to the Queenes Majestie her heires and successors and the other halfe to the party grieved and that will sue for the same by Action of debt after the course of the
most worthy to be commended to the care of the Iustices of Peace 19. Iustices of peace at this day in Ireland are of two sorts and are appointed or created by two severall meanes videlicet The one by grant made by the King by Charter under the great seale By Charter Br. Commiss 5. as Mayors and chiefe Officers in divers corporate Townes And such the King cannot discharge againe at his pleasure but they shall continue and enjoy their Iurisdiction according as their Charters doe enable them And therefore if the King grant to a Mayor or other head Officer of a City or corporate Towne and to their Successors to bee Iustices of peace in their City or Towne and after maketh out a Commission of the peace to others there yet the authoritie and Iurisdiction of the Mayor c. remaineth good for that it was granted to them and their successors and is not revocable at the Kings pleasure as a Commission of the peace is And such Iustices of peace by Charter have thereby the same power that the Conservators of the peace had by the Common law And it seemeth such power also as is given to the Iustices of peace or to any one Iustice of peace by expresse words in any statute but none of them have thereby the whole power which is ordinarily given to the Commissioners of the peace by their Commission 20. The other sort of Iustices of peace are by Commission By Commission made of common course under the great seale and these are appointed by the discretion of the Lord Chancellour but the authority of these Commissioners of the peace doth determine by divers meanes yet more usually by three meanes First by the death of the King or by his Resignation of the Crowne Secondly at the Kings pleasure and that in two sorts Either by the Kings pleasure expressed as the King in expresse words may discharge them by his writ under the great seale or by Supersedeas 5. E. 4. â—2 Br Commis 1â— 12. Ass 2â— Br. Commis 13 Br. Commiss 20. â—â— but the Supersedeas doth but suspend their authoritie which may be revived by a procedendo Or by implication as by making other Commissioners of the same kinde and within the same limits leaving out the ancient Commissioners names 10. Ed. 4. 7. 3. Mar. 1. 21. But here the ancient Commissioners must have knowledge of such new Commission for this determination of the old Commission Br. Commiss 2. groweth not immediately by the making of the new Commission but either by giving speciall notice of the new Commission unto the old Commissioners Or else by and after the reading or proclaiming of the new Commission at the Assises Sessions of the peace or at the full County Or else by holding of some open Sessions by vertue of the new Commission in which two last cases the old Commissioners must take notice of the new Commission And in all these cases if the ancient Commissioners doe sit by vertue of their ancient Commission after such notice or publishing of the new Commission whatsoever such ancient Commissioners shall so doe is voide And contrariwise untill such notice or publishing of the new Commission whatsoever meane Acts such ancient Commissioners shall so doe by vertue of their ancient Commission the same are good in Law 34. Ass p. S. Br. Commiss 14. 22. 11. H. 6. ca. â— Also in all cases where an ancient Commission of the peace is determined by a new yet no proce's or suit depending before the old Commissioners shall be discontinued thereby neither shall any other thing done by the Iustices of the peace by force of their ancient Commission be made or become voide thereby Br. Com. 19. 21 Br. Offic. 15. 23. Note also that although by the death of the King or by his resignation the authoritie of all Iustices of peace yea and of all Iudges Dyer 165. Co. 7. 30. Br. Com. 5. Commissioners of Oyer and Termyner Commissioners of Gaole-delivery Sheriffes Escheators and other Officers that are by Commission doth cease yet Mayors and chiefe Officers in Citties and corporate Townes which have the authoritie of Iustice of peace or of the conservation of the peace by Charter to them and their Successors their authoritie still remaineth notwithstanding the Kings death or resignation 24. So also the authoritie of the high Constables and pettie Constables remaineth notwithstanding the death of the King c. for that their authoritie is by the common Law and to their said Office the conservation of the peace remaineth as a thing incident and unseparable from the same 4. E. 4. 44. Br Offic. 25. Dyer 165. 25. Coroners also do remaine Conservators of the peace within the County where they are Coroners notwithstanding the Kings death c. for they are made by the Kings Writ and not by Commission and their office and authoritie doth remaine untill they be removed by the Kings Writ and their office remaining the conservation of the peace remaineth as incident thereto Their oathes 26. Every Iustice of peace before he shall take upon him to exercise the office of a Iustice of Peace shall take two corporall oaths the one concerning the office of a Iustice of peace the other concerning the Kings supremacie 27. The oath concerning the office seemeth to be by force of the statute made 13. R. 2. ca. 7. the forme whereof as it now is followeth in these words viz 28. Ye shall sweare that as Iustice of the peace in the County of Dublin in all Articles of the Kings Commission to you directed you shall doe equall right to the poore and to the rich after your running wit and power and after the lawes and customes of the realme and statutes thereof made And ye shall not bee of Councell of any quarrell hanging before you And that yee hold your Sessions after the forme of the Statutes thereof made And the Issues Fynes and Amerciaments that shall happen to be made and all Forfeitures which shall fall before you ye shall cause to be entred without any concealement or imbesilling and truely send them to the Kings Exchequer ye shall not let for gift or other cause but well and truly you shall doe your office of Iustice of the peace in that behalfe and that you take nothing for your office of Iustice of the peace to be done but of the King and Fees accustomed and costs limitted by the statute and ye shall not direct nor cause to be directed any warrant by you to bee made to the parties but ye shall direct them to the Bailiffes of the said County or other the Kings Officers or Ministers or other indifferent persons to doe execution thereof So help you God c. 29. The parts of this Oath are shortly sixe 1. That they shall doe equall right to rich and poore and according to the lawes and statutes of the realme 2. That they shall not be of Counsell with any person
in any matter depending before them 3. That they shall keepe their Sessions according to the statutes 2. H. 5. 4. which as it seemeth ought to be in the weeke after the Feast of S. Michael after the Epiphany after the clause of Easter and after the translation of S. Thomas which is the third of Iuly 4. That all Issues Fines Amerciaments and Forfeitures which happen before them be by them truly entred and sent into the Exchequer 5. That they take nothing for doing their office but of the King and the accustomed Fees appointed by the statutes 6. That they shall not direct any their warrants to the parties but to the Bailiffes of the County or to other the Kings Officers or other indifferent persons 26. The other oath concerning the Kings supremacie is by force of the statute made secundo Eliz. ca. 1. The forme of which oath also followeth in these words videlicet 27. I. R. B. doe utterly testifie and declare in my conscience that the Kings Highnesse is the onely supreme governour of this Realme and of all other his Highnesse Dominions and Countries as well in all spirituall and Ecclesiasticall things or causes as temporall And that no forraigne Prince person prelate State or potentate hath or ought to have any Iurisdiction power superiority preheminence or authority Ecclesiasticall or spirituall within this Realme And therefore I doe utterly renounce and forsake all forraigne Iurisdiction powers superiorities and authorities and doe promise that from henceforth I shall beare faith and true allegiance to the Kings Highnesse his heires and lawfull Successors and to my power shall assist and defend all Iurisdictions privileges preheminences and authorities granted or belonging to the Kings highnesse his heires and Successors and united and annexed to the Imperiall Crowne of the Realme So help me God c. 28. Yet it is most usuall that both these oathes are taken by a speciall Commission viz. by a writ of Dedimus potestatem directed out of the Chancery to some ancient Iustice of Peace to take the same oathes which by them is to be certified into the same Court at such day as the writ commandeth 29. If the Iustice of peace or other person to whom a Dedimus potestatem shall be directed to take the oathes of a new Iustice of peace shall returne the Commission and the Oathes to be taken when they were not taken this is fineable in the Star-chamber 30. So if the new Iustice of peace shall exercise this office before he hath taken both these Oathes he is likewise fineable in the Star-chamber 31. Also if a Iustice of peace shall not performe his oath concerning his office he is fineable in the Star-chamber if the neglect be of corruption or any sinister affection otherwise it is if it be by Ignorance onely 32. Now forasmuch as the authoritie of the Iustices of peace ariseth partly out of their Commission and partly out of the statutes I will set downe the forme of the Commissions now used in Ireland which are consonant to the Lawes and statutes and to the politique government of this Kingdome A president for the Commissions of the peace for all the â—ountyes of Ireland except Dublin CAroluâ— Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. Predilecto fideli Consiliario nostro Adamo Vice-comiti Loftus de Ely Concellario nostro Regni nostri Hiberniae c. salutem Sciatis quod nos de fidelitat circumspectionibus vestris plurimum confidentes Assignavimus per praesentes assignamus vos conjunctim divisim quemlibet vestrum Iusticiarios nostros ad pacem nostram in Comitatu nostro Middie conservand Ac ad omnes ordinationes statuta pro bono pacis nostrae pro conservatione ejusdem pro quieto regimine gubernatione populi nostri edita in omnibus singulis suis articulis in dicto comitatu nostro tam infra libertates quam extra juxta Vim formam effectum eorundem custodiendum custodiri faciendum ad omnes contra formam ordinationum vel statutorum illorum aut eorum alicujus in comitatu predicto delinquentes castigandum puniendum prout secundum formam ordinationum statutorum illorum fuerit faciendum Ac ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis vel de incendio domorum suarum minas fecerint ad sufficientem securitatem de pace vel de bono gestu suo erga nos populum nostrum inveniendum coram vobis seu aliquo vestrum venire faciendum Et si hujusmodi securitatem invenire recusaverint tunc eos in prisonis nostris quousque hujusmodi securitatem invenerint salvo custodiri faciendum Assignavimus etiam per praesentes assignamus vos quoslibet duos vel plures vestrum quorum prefat Cancellar nostr aut A. B. aut C. D. unum esse volumus Iusticiarios nostros in per totum Comitatum predictum tam infra libertates quam extra ad inquirendum per sacramentum proborum legalium hominum Comitatus predicti ac omnibus alijs medijs modis quibus rei veritas melius sciri poterit de omnibus singulis proditionibus murdris homicidiis incendiis illicitis assemblationibus feloniis roberâ—s veneficiis incantationibus sortilegiis arte magica transgressionibus forstallariis regratariis ingrossariis extortionibus quibuscunque Ac de omnibus singulis aliis malefactis et offensis quibuscunque de quibus Iusticiarii pacis nostrae legitimè inquirere possunt aut debent per quosâ—unque qualitercunque in Comitatu predicto factis vel quae imposterum ibidem fieri vel attemptari contigerint Ac etiam de omnibus illis qui in Comitatu predicto in Conventiculis contra pacem nostram in perturbationem populi nostri seu vi armat ierunt vel equitaverunt aut imposterum ire vel equitare presumpserint Ac de omnibus illis qui ibidem ad gentem nostram maheymandam vel interficiendam in insidiis jacuerunt aut imposterum jacere presumpserint Ac etiam de hostellariis omnibus singulis aliis personis qui in abusu ponderum vel mensurarum sive in venditione victualium contra pacem communem legem nostram ac contra formam ordinationum vel statutorum vel eorum alicujus inde pro Communi utilitate dicti Regni nostri aut populi nostri ejusdem edit delinquerunt vel attemptaverunt aut imposterum delinquere vel attemptare presumpserint in Comitatu predicto Ac etiam de quibuscunque vicecomitibus Ballivis Seneschallis Constabulariis Custodibus Gaolarum aliis officiariis qui in executione officiorum suorum circa premissa seu eorum aliqua indebite se habuerunt aut imposterum indebite se habere presumpseriut aut tepidi remissi vel negligentes fuerunt aut imposterum fore contigerint in Comitatu predicto Et de
suorum circa premissa seu eorum aliqua indebite se habuerunt aut imposterum indebite se habere presumpserint aut tepidi remissi vel negligentes fuerunt aut imposterum fore contigerint in Comitatu predicto et de omnibus et singulis articulis circumstantijs et alijs rebus quibuscunque per quoscunque et qualitercunque in Comitatu predicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemptari contigerint qualitercunque premissorum vel eorum alicujus concernentibus plenius veritatem Et ad indictamenta quacunque sic coram vobis seu aliquibus vestrum capta sive capienda aut coram alijs nuper Iusticiarijs pacis in Comitatu praedicto facta sive capta et nondum terminata inspiciendum Ac ad processus inde versus omnes et singulos sic indictatos vel quos coram vobis imposterum indictari contigerint preterquam de proditionibus quousque capiantur reddant se vel utlagentur faciendum et continuandum Et ad omnia et singula felonias veneficia incantationes sortilegia artes magicas transgressiones forstallarias ingrossarias regratarias extortiones Conventicula indictamenta predicta ceteraque omnia et singula premissa preterquam proditiones secundum leges et statuta regni nostri Hiberniae prout in hujusmodi casu fieri consuevit aut debuit audiendum et terminandum et ad eosdem delinquentes et quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfacturas ac alio modo prout secundum legem et consuetudinem regni nostri Hiberniae ac formam ordinationum vel statutorum praedictorum fieri consuevit aut debuit castigandum et puniendum ac gaclam nostram ibidem de prisonarijs in eadem pro felonia detent et incarcerat debito modo deliberand Proviso semper quod si casus difficultatis vel magni momenti super determinationem aliquorum premissorum coram vobis vel aliquibus duobus vel luribus vestrum evenire contigerit tunc ad judiciuminde reddendum nisi in praesentia unius Iusticiariorum nostrorum de uno vel altero Banco aut unius Baronum de Scacario nostro aut unius de Concilio nostro in lege erudito coram vobis vel aliquibus duobus vel pluribus vestrum minime procedatur Et ideo vobis et cuilibet vestrum mandamus quod circa custodiam pacis ordinationum statutorum et omnium et singulorum ceterorum premissorum diligenter intendatis et ad certos dies et loca quae vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ad hoc provideritis super premissis faciatis inquisitiones et promissa omnia et singula audiatis et terminetis ac ea faciatis et expleatis in forma predicta factur inde quod ad justitiam pertinet secundum legem et consuetudinem Regni nostri Hibernia Salvis nobis amerciamentis et alijs ad nos inde spectantibus Mandamus enim tenore presentium vicecomiti nostro Comitatus Dublin quod ad certos dies et loca qua vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ei ut predictum est scire feceritis venire faciat coram vobis vel hujusmodi duobus vel pluribus vestrum ut dictum est tot et tales probos et legales homines de Balliva sua tam infra libertates quam extra per quos rei veritas in premissis melius sciri poterit et inquiri Assignavimus denique te prefat A. Custodem rotulorum pacis nostrae in dicto Cemitatu nostro ac propterea tu ad dies et loca predicta brevia precepta processus et indictamenta predicta coram te et dictis socijs tuis aut aliquibus duobus vel pluribus eorum ut predictum est venire facias ut ea inspiciantur et debito fine terminentur sicut predictum est In cujus rei testimonium c. These two Commissions do somewhat differ in the second Assignavimus for by that for the County of Dublin the Iustices of peace have power to heare and determine felonyes but in the other they have no power given them thereby to heare and determine of any felonie and the reason of this difference is twofold First because no Iustices of Assise and gaole delivery go into the County of Dublin Secondly because at the quarter Sessions of the peace there is alwayes one or more of the Iudges or of the Kings counsell present Also both these Commissions do differ from the usuall Commission of the peace in England in this particular videlicet By these Commissions the Iustices of peace have power to enquire of Treason which the Iustices of peace in England by their Commission have not The reason is because many offences which are common here are by the Lawes of this kingdome Treason which by the Lawes in England are but felonie 33. These Commissions have two parts containing the power of the Iustices of peace Stat. Winch. 13. E. 1. 2. E. 3. 6. 2. E. 3. 3. 34. The first Assignavimus or first part of the Commission doth give power to any one Iustice of peace more or all to keepe and cause to be kept the peace and all ordinances and statutes made for the conservation of the peace and for the quiet governement of the people As namely the statutes made for Huy and Cry after felons And the statutes made against Murtherers Robbers Felons Night-walkers Affrayers Armour worne in terrorem Riots forceible Entries and all other force and violence All which be directly against the peace The particulars thereof you shall finde more fully hereafter and most of them under their proper titles 35. By this first clause in the Commission the Iustices of peace have aswell all the ancyent power touching the peace which the Conservators of the peace had by the Common law as also that whole authoritie which the statutes have since added thereto 36. The meanes which the Iustices of peace must use for the keeping of the peace and for the execution of these statutes is as followeth 37. For to prevent the breach of the peace the Iu. of P. may send his warrant for the party and may take sufficient sureties of him by recognizance for the peace or for the good behaviour as the case shall require and may send the partie to the Gaole for not finding such sureties 38. But for these statutes made for the peace they are to be executed according to such prescript order as themselves do deliver wherein if no power at all be expressely given to any one Iustice of peace alone then can he not otherwise compell the observation thereof as it seemeth then by admonition onely In which behalfe if he shall not be obeyed he may preferre the cause at the Sessions and to worke it to a presentment upon the statute and so by the help of his fellow Iustices to heare and
assemble Posse Comitatus or raise a power or assembly of people upon their owne heads without just cause and therefore it is to be considered upon what occasion a Iustice of peace or other officer may to his assistance take posse Comitatus 94. Any Iustice of peace or Sheriffe may take of that County where he is a Iustice or Sheriffe any number that they shall thinke meet to pursue apprehend arrest and imprison Traytors Murderers Robbers and other felons or such as doe breake or goe about to breake or disturbe the Kings peace in any outragious manner and every man being required ought to assist and aide them 95. The Iust of P. and the Sheriffe or undersheriffe may take Posse comitatus for the suppressing of Riots and all sorts of persons being able and required ought to assist them therein 96. 14. H. 7. 8. Yea any one Iustice of peace may take the power and aide of the County to suppresse Riottets and needs not to tarry for the comming of another Iust or of the Sheriffe 97. Also in cases of forceible entry any Iustices of peace may take Posse comitatus to remove such persons as by his view or by Inquisition taken before him shal be found to have made any forceible entry into other mens possessions or to detaine them with force 98. The Sheriffe or undersheriffe or Bailiffe c. if need be may by the common Law take the power of the County what number they shall thinke good to execute the K. processe or writ 3. H. 7. 1. 10. Co. 5. 115. Br. Fine p. 37. be it a writ of execution Replevin Estreperment Capias or other writ it being the Kings commandement Br. Riots 2. 3. See the stat Westminst 1. 17. Westminst 2. 39. And such as shall not assist them therein being required shall pay a Fine to the King 3. H. 7. 1. Br. Trespasse 266. The Sheriffes Bailiffe to execute a Replevin tooke with him three hundred men armed modo guerino sc with Brigandines Iacks and Guns and it was holden lawfull for the Sheriffes officer hath power to take assistance aswell as the Sheriffe himselfe for that all is one office and one Authority 99. A man demands the P. in Chancery against a great Lord and hath a Supplicavit directed to the Sheriffe there if need shall be the Sheriffe may take his Posse comitatus to aide him to arrest such a Lord. So it seemeth if a Supplicavit bee directed to a Iustice of peace the Iustice of peace or the officer to whom the Iustice of peace shall make his warrant in this behalfe upon resistance made may if neede be take Posse Comitatus to aide him to arrest the party Quia quando aliquid mandatur mandatur omne per quod pervenitur ad illud Co. 5. 115. 100. But besides this every Sheriffe is enabled by his writ of assistance whereby there is commandement under the great seale to all Archbishops Dukes Earles Barons and all other the Kings subjects within the fame County to be aiding to him in whatsoever belongeth to his office c. 101. The Sheriffe if need require it or the Constable may take Posse Comitatus to execute the precept of a Iustice of peace 3. H. 7. 10. 13. H. 7. 19. Br. Trespasse 432. The Constable of a Towne upon a felony committed or upon any Affray or the like may take the aide of his neighbours or other persons being present to apprehend the Felons or to cause the peace to be kept and to carry the offendors before the Iu. of peace and if any refuse to aide the Constable in this case he is to be punished in the Sessions of the peace by Fyne and imprisonment 38. Ed. 3. 8. 102. One hath hurt another whereby he is in perill of death the Constable may take power or aide to arrest him c. 103. Every man may assemble his friends and neighbours to defend his person c. being in his house against violence c. but not to goe abroad with him in a Faire or market Advices to the Iustices of peace 104. I thought it not amisse here shortly to admonish the Iustices of peace of some few things for their better memory 1. First that they exercise not the office of a Iustice of peace before they have taken the oath of their office and the oath of Supremacy 2. That they execute not this their office in their owne case but to cause the offendour to bee convented before some other Iustice quia iniquum est aliquem sui rei esse judicem Co. 8. 18. And some late statutes have taken speciall care to prevent this as you may see by the statute of 10. Caroli ca. 23. in hibernia And yet if the Iustice shall deale in his owne case it seemeth good and justifiable in divers cases as when a Iu. of peace shal be assaulted or in the doing of his office especially shall be abused to his face and no other Iustice of peace present with him then he may commit such an offendor untill he shall finde sureties for the peace or good behaviour as the case shall require and the said Iustice in such case may himselfe binde the offendor and take his suretie but if any other Iustice of peace shall be present it were better to desire his aide 3. That they be carefull for the execution of the statute of Riots and if upon their enquiry of a Riot the truth cannot bee found by reason of any maintenance c. that they certifie the same within one moneth to the Lord Deputy and Counsell according to the statute of 13. H. 4. ca. 7. 4. That upon a forceible Entry they make no restitution without Enquiry 5. That they be circumspect in bayling of prisoners viz. that they neither deny it to such as are baileable nor yeeld it where it is not grantable 6. That all Recognisances taken by them bee certified at their next quarter Sessions or Gaole delivery according as the case shall require 7. Also that they doe Iustice and give remedy to every party grieved in any thing that lyeth within their power to heare determine or execute and that without respect of persons and according to the lawes and statutes of this Realme 8. Note that all these former matters are penall to the Iustices of peace if they shall offend in any of them and therefore it is likely they will be the more carefull therein But there are certaine other things principally tending to the publique good and fit to be commended to the care of the Iustices of peace in all which the Iustices of peace are to imploy also their speciall care and diligence and they are shortly these following 1. The abuses disorders in Ale-houses and Innes to bee reformed 2. High wayes and Bridges to be amended 3. Huy and Cry and fresh suit to be duly made and pursued after Rebels Robbers and other Felons and Traytors 4. Labourers sc
idle persons meet to serve to be compelled to goe to service also negligent Recusants which shall not resort every Sunday to Church that such bee punished according to the stâ—tute for the first meanes to bring men to God is to bring them to Church 4. Rogues and Vagabonds to be duely punished 5. Houses of correction to be mainetained 6. Watch to be duly kept 7. Weights and measures the abuses therein to be reformed 8. Further the Iu. of P. are to be carefull that they suffer not the King to be disadvantaged where it lyeth lawfully in their power to prevent 9. Also that they remember how that they exercise not the judgements of men only but of God himselfe whose power they doe participate and who is alwayes present with them and therefore must take heed that in all their actions they set God continually before their Eyes 10. But forasmuch as most of the businesse of the Iu. of P. out of Sessions consisteth in the execution of diverse statutes committed to their charge which statutes cannot be so sufficiently abridged but that they will come short of the substance and body thereof therefore it shal be safest for the Iu. of Peace not to relie overmuch upon these short collections thereof but to have an Eye to the Abridgement of those Statutes or rather to the booke of Statutes at large and therby to take their further and better directions for their whole proceedings For as Sir Edw. Coke observeth Abridgements are of good and necessary use to serve as Tables but not to ground any opinion much lesse to proceed judicially upon them Ideò saith he satius est petere fontes quà m sectari Rivulos Coke 10. 117. b. 11. And lastly for the better encouragement of Iu. of P. Constables and other officers who by causelesse suits commenced by contentious persons against them for executing their offices have lately been discouraged from doing their offices with that courage care diligence which is required at their hands Now for their case in pleading they are by the statute of 10. Caroli in Ireland allowed to plead the generall issue of Not guilty and to give the speciall matter in Evidence and for their wrongfull vexation double Costs Barretor CHAP. 4. 9. E. 4 3. 1. EVery Iustice of peace upon his discretion may binde to the peace or good behaviour such as are common Barretors 2. Now a common Barretor is he who is either a common mover or stirrer up or maintainer of suits in Law in any Court Co. 1. 6. or else of quarrels in the Countrie In Courts 3. As if in any Court of Record County Court hundred or other inferior Courts any person by fraud and malice under colour of Law shall themselves maintaine or stirre up others unto multiplicitie of unjust and fained suites or informations upon penall lawes or shall malitiously purchase speciall Supplicavits of the peace to force others to yeeld him composition all such are Barretors 4. In the Countrie and these are of three sorts 1. Disturbers of the peace In the Country viz. such as are either common quarrellers or fighters in their owne cause or common movers or maintainers of quarrels and Affrayes betweene others 2. Common takers or detainers by force or subtiltie of the possession of houses lands or goods which beene in question 3. Inventers or sowers of false reports Co. 8. 361. whereby discord ariseth betweene neighbours all these are Barretors 5. But all such persons must be common Barretors Co. 8. 37. sc not in one or two but in many causes Bailement and Mainprise CHAP. 5. 1. BAilement Mainprise or Replevin is the saving or delivery of a man out of prison before that he hath satisfied the Law sc by finding sureties to answere and be justified by the Law And to this purpose these three termes Bailement Mainprise and Replevin be indifferently used in our statutes and bookes 2. He that is bayled Stamf. 65. is taken or kept out of prison and delivered as it were into the hands of his sureties who are reputed his guardians and who may keepe him with them F. Manip 12. and may imprison him by some opinions See 22. H. 6. Br. Surety 8. Mainp 89. 3. By the common law the Sheriffe and every Constable being conservators of the peace might have bailed a suspect of felony but this authoritie is taken from them and given to the Iustices of peace by these statutes following 4. First by the statute 1. R. 3. cap. 3. every Iustice of peace had authority by his discretion to let to bayle persons imprisoned for suspition of felony But forasmuch as after the making of that statute diverse not being baileable were notwithstanding let to Bayle Two Iustices and so many notable felons escaped therefore this statute was repealed by the statute of 3. H. 7. 3. H. 7. cap. 38 Fitz. Na. Br. 251. f. And thereby any two Iustices of peace the one being of the Quorum were enabled to let any prisoners mainpernable by the Law to baile to the next generall Sessions of the peace or gaole delivery as the case should require After for that one Iustice of peace in the name of himselfe and of one other of his fellow Iustices not making the other Iustice privie unto the cause wherefore the prisoner should be bailed did oftentimes by sinister meanes set at large great and notable offendors such as were not baileable and yet to hide their affection therein did signifie the cause of their apprehension to be but onely for a suspition of felony whereby the said offendors have escaped unpunished for reformation whereof by the statute 10. Carol. cap. 18. 10. Carol. 18. in Ireland it was enacted that if it be for Manslaughter or felony or suspition of manslaughter or felony in which cases the party is baileable then the same Iustices must be present together at the time of the said bailement and that they must certifie in writing subscribed with their owne hands the said Bailement at the next generall gaole delivery to be holden within the County where the person shall be arrested or suspected upon paine to be fined by the Iustices of gaole delivery Now by the preamble of both last recited statutes the mischiefe seemeth to bee the escape of felons and therefore if it be not in case of felony it seemeth any one Iustice of peace alone may baile a prisoner except where some particular statute shall otherwise prescribe Cromp. 1 57. 5. If the Mainpernors or sureties doe at any time or in any case doubt that their prisoner or the party by them bailed will flie they may take him and bring him before any Iustice of peace and upon their prayer the said Iu. of P. may discharge such sureties and commit the party to prison except he shall finde new sureties such as the Iustices shall conceive to be sufficient So if a prisoner be bailed by insufficient persons the Iu.
148. Dyer 122. 9. H. 6. fo 19. 22. H. 6. fo 18. and also the Iustice may proceed to the restitution which the Complaynant shall demand if the force be found without examining the title and yet by Dyer fo 122. the Iustice may if he please examine the title and thereupon stay the awarding of restitution but if the force be apparant I conceive the safest way and most agreeable to the statute is to award restitution without examining the title 2. Now the defendant or party indicted for the stay of restitution may at the time of the restitution to be made pleade or alledge any of these things following 1. His quiet possession by three yeares together 2. He may deliver to the Iustice of peace or Court a Certiorari and this is a supersedeas to them 3. He may shew the insufficiency of the indictment if there be any Dalton p. 197. 4. He may pleade the insufficiency of any of the Iurors sc for not having Forty shillings land per annum And in this case Master Marrow is of opinion that the party shall have no restitution Three yeares possession 5. For the first there shall be no restitution awarded where the party indicted hath beene in quiet possession by the space of three whole yeares together next before the day of such indictment found if his estate be not ended Dalton pag. 197. 198. and this the party indicted may alledge to stay the restitution and the restitution upon this shall be stayed by the Iustice of peace untill it be tryed if the other party will deny or traverse the same Certiorari 6. Also if a man who hath made a forceible Entrie or deteiner be in doubt that he shall be indicted thereof before the Iustice of peace upon the statute of 8. Cromp. 164. H. 6. and that thereupon restitution will be awarded against him P. R. 7. he may have a writ of Certiorari out of the Kings Bench ready and when the bill of indictment is found he may presently deliver it to the Iustice of peace or Court and this is a Supersedeas to them for to stay the restitution for that upon this writ the said indictment shall be removed from them into the Kings Bench. And although the indictment be found after the teste of the Certiorari it is not materiall for they be both in the Kings Courts c. 6. H. 7. 16. 7. But if a Certiorari commeth to remove an indictment taken before the Iustice of peace in the Countrey and the party will not sue to remove it Cromp. 166. but suffereth it to lye still the Iustice of peace may proceed to grant restitution notwithstanding the writ as Hobert the Kings Atturney said in 6. H. 7. But Keble held opinion against him and it seemeth the Iustices of peace ought ex officio to send the indictment away because they are commanded so by the writ and this writ is a Supersedeas of it selfe to the Iustice of peace to stay their proceedings and if they shall proceed after it is erronious Br. Iudges 17. Cromp. 162. 8. After restitution made by the Iustices of peace if the other party doth remove the indictment by a Certiorari of a more eigne date then is in the indictment the Iustice of the Kings Bench may award restitution back againe for upon the matter the Iu. of peace had no power to make restitution for that the Certiorari hath relation from the date thereof 9. Ibid. After restitution granted from the Sessions and delivered to the Sheriffe the other party having a Certiorari delivereth it also to the Sheriffe after the Sessions the Sheriffe shall not surcease thereupon for he hath no authority to allow thereof but if the Certiorari were delivered to any Iustice of peace he may thereupon grant a Superdeas to the Sheriffe And if restitution were made by the Sheriffe before the said Superdeas came to his hands then the other party shall have restitution back againe in the Kings Bench upon the indictment removed thither 10. Traverse The tender of a traverse to an Indictment of forceible Entry upon the statute of 8. H. 6. is no Supersedeas but in discretion Dyer 122. so as the Iustices of peace or Court may grant or may stay the restitution at their discretion according as the truth of the right or title shall appeare to them and so is the use of the Kings Bench. 11. Or else the Iustices of peace before whom the indictment was found may after Traverse tendred certifie or deliver the indictment into the Kings Bench and so referre the further proceedings therein to them 12. But if the party indicted shall tender a Traverse presently Cromp. 66â— whereupon restitution is stayed and after he shall not pursue his Traverse with effect but discontinueth it and after doth tender another traverse upon restitution prayed at another time the Iustices of peace or Court shall doe well to proceed to grant restitution notwithstanding such traverse tendred 13. Cromp. 166. And it is the course of the Kings Bench that he that tendreth the traverse there upon such an Indictment shall beare all the charges of the triall and not the King nor he at whose suite the Indictment was found and the same reason seemeth upon an indictment traversed before Iustices of peace Games unlawfull and Idlers CHAP. 38. 1. Vide 12. R. 2. ca. 6. 11. H. 4. ca. 4. 17. E. 4. ca. 3. A Iustice of peace by the first Assignavimus of the Commission pro pace conservanda bono regimine populi and by the common Law may arrest and imprison all common gamesters Idlers and all such as be of ill fame and the keepers of such common gaming houses untill they shall finde shall finde sureties to leave of their gaming and keeping of gaming houses and to betake themselves to some honest labour or else to be of good behaviour at the discretion of the Iustice 2. Note that playing at Cards Dice and the like are not prohibited by the common lawes of this Realme except that one be deceived by false Dice or false Cards and then he that is deceived may have his action of the case for such deceipt neither are they malum in se or of their owne natures for then none might be tolerated or licensed to use them And yet good Divines doe hold diverse of these recreations to be altogether unlawfull as being Actions wherein we neither blesse God nor looke to receive a blessing from God nay such as we dare not pray to God for a blessing on them nor on our selves in the use thereof but especially on the Sabboth day all such recreations and Games are holden unlawfull for if lawfull works be forbidden on that day much more unlawfull sports yea such sports and games which otherwise and at other times are lawfull See Esay 58.13 Huy and Cry CHAP. 39. 1. EVery Iustice of peace
diem with meat and drinke for his Iourneyman and 12. d. sterling with meat and drinke for a boy that can scarce bore a hole as it should be and this I speake of mine owne knowledge and therefore I wish that the Iustices of peace would henceforth better remember their oaths the duty of their places and the good of the common wealth then hitherto they have done but if the Iustices of peace shall wilfully continue still their neglect herein I cannot but let them know that for this their neglect they are and that worthily for their neglect to be punished in the Starchamber Misprision CHAP. 43. 1. THere be also certaine offences which by the common Law are misprision of treason or felonies or at least punishable in the same degree and more 22. Ed. 3. 13. Stamf. 38. as to draw a sword to stricke a Iustice sitting in place of Iudgement to strike a Iuror in the presence of the Iust sitting in place of judgement Stam. 37. 38. Br. contempts 9. 0. or to stricke another in the house where the Courts of Iustice are kept sitting any of the Kings Courts there or to draw any weapons therewithall to strike any person in the presence of the Iustices P. Paine 16. or to make any Affray in their presence they sitting in Iudgement or to rescous any such offendor these are such misprisions for which the offendour shall have more grievous punishment then for misprisions of Treason or felony for in these cases the offendor shall not only forfeit all his goods and chattels and the profits of his lands during his life and be imprisoned during his life but also shall have his hand cut of 28. El. ca. 7. in Ireland 2. The counterfeiting of the coine of gold or silver of other Countreyes which is not currant in this Kingdome is by a statute made in 28. Eliz. ca. 7. enacted to be misprision of high treason in the Actors their procurers ayders and abettors Stamf. 37. d. Cromp. 44. 3. Note that every treason or felony doe include misprision so that where any person hath committed treason or felony the King may cause the offendor to be indicted and arraigned but of misprision Stamf. fo 37. 4. Misprision of Treason or felony is properly when one knoweth that another hath committed or is about to commit any treason or felony but was not or is not consenting thereto and yet will not discover the offendor to the King or his Councell or to some Magistrate but conceales both the offence and the offendors Br. Treason 19. Stamf. fo 38. 5. For misprision of treason the offend or shall forfeite to the King all his goods and chattels for ever and the profits of his lands during his life and also shall be imprisoned during his life but for misprision of felony the offendor shall be only fined and ransomed as it seemes 3. H. 7. 10. Br. Treason 25. and shall be committed to prison untill he hath paid his fine 3. H. 7. fol. 10. 6. Note for the offendors in high treason misprision of treason and praemunire that although the Iu. of Peace by their Commission nor by statute cannot medle with them in the very point of their offences saving in some particulars and that by way of inquiry only which you may see hic antea tit felony yet for that all treasons and such other offences are against the peace of the King and of the Realme therefore upon complaint made to the Iustice of peace or other knowledge had by him of any such offendors it shall be his part to cause such offendors to be apprehended and to take their examinations and the information upon oath of such as bring them or of others that can prove any thing materiall against them and to put the same in writing under the hands of the Informers and then to commit the offendors to the Gaole Dalton p. 212. and also to bind over by recognisance all such as doe declare any thing materiall to appeare and give evidence against such offendors before the Lords of the Kings Majesties privy Councell or elsewhere when they shall be called upon reasonable warning or before the Iustices of Assises at the next generall gaole delivery and after to certifie their doing therein to some of the Lords of his Majesties said Councell Nightwalkers CHAP. 44. 1. EVery Iustice of peace ex officio and by the first Assignavimus of the Commission may cause to be arrested all Nightwalkers 13. H. 7. 1â— Dalton pa. 76. be they strangers or other persons that be suspected or that be of evill behaviour or of evill fame and more particularly all such suspected persons as shall sleepe in the day time and goe abroad in the night season haunt any house that is suspected for bawdery or shall in the night time use other suspitious company or shall commit any other outrages or misdemeanors and may force them to finde surety for their good behaviour see the title surety for the good behaviour Peace CHAP. 45. 1. EVery Iustice of peace hath authority and power given him by the first Assignavimus or clause in the Commission Dalton pa. 79. to keepe and cause to be kept the Kings majesties peace by force of which words they have aswell the ancient power touching the keeping of the peace which the ancient conservators of the peace had by the common Law as also all authority which the statutes since have added thereto and so they may cause to be kept all the statutes and Lawes now in force which beene made for the peace or keeping thereof and more especially they may arrest or cause to be arrested and sent to the Gaole all Traitors Murtherers Robbers and Felons and persons suspected of such things and all such are guilty of any misprision or praemunire 2. They may also suppresse and bind to the peace or good behaviour all Affrayors Dalton p. 80. and all persons unlawfully and riotously assembled or unlawfully wearing armour or any weapons by night or by day or otherwayes putting the people in feare and all unlawfull nightwalkers and barrettors and the like all which may well be said to be disturbances or breaches of the peace see more fully of these under their particular Titles Posse Comitatus CHAP. 46. 1. VVHere the Iustice of peace Sheriffe or other officer is enabled to take the power of the County it seemeth they may command and ought to have the helpe and attendance of all Knights Gentlemen Yeomen Husbandmen Labourers Tradesmen Servants and Apprentices and of all other such persons being above the age of fifteene yeares and that are able to travell 2. But women Ecclesiasticall persons and such as be decrepit or diseased of any continuall infirmity shall not be compelled to attend them 3. And in such cases it is referred to the discretion of the Iustices of peace or Sheriffe c. what number they will have to attend upon them and
how and after what manner they shall be armed weaponed and otherwise furnished 4. But it is not justifiable for the Iustices of peace Sheriffe or other officer to assemble posse comitatus or raise a power or assembly of people upon their owne heads without just cause What persons may take posse comitatus and in what â—ases CHAP. 47. Dalton 314. 1. ANy Iustice of peace or Sheriffe may take of that County where he is a Iustice or Sheriffe any number that they shall thinke meete to pursue apprehend arrest and imprison Traitors Murderers Robbers and other felons or such as doe breake or goe about to breake or disturbe the Kings peace and every man being required ought to assist and aide them 2. The Iustice of peace and Sheriffe or undersheriffe may take posse comitatus Dalton ibid. for the suppressing of riots and all sorts of persons being able and required ought to assist them therein 14. H. 7. 8. 3. Yea any one Iustice of peace may take the power and aide of the whole Countrey to suppresse Rioters and needs not to tarry for the comming of another Iustice or of the Sheriffe Dalton 314. 4. Also in cases of forceible entry any Iustice of peace may take posse comitatus to remove such persons as by his view or by inquisition taken before him shall be found to have made any forceible entry into other mens possessions or to detaine them with force 3. H. 1. 7. 10. Co. 5. 1. 15. p. Distr 4. pretor 5. Br. fine p. 27. Br. Riots 23. 5. The Sheriffe Undersheriffe or Bailiffe c. if need be may by the common Law take the power of the County what number they shall thinke good to execute the Kings processe or writ be it a writ of execution replevin estreperment capias or other writ it being the Kings commandement see also the statute Westm 1. 17. Westm 2. 39. and such as shall not assist them therein being required shall pay a fine to the King 6. 3. H. 7. 1. Br. Trespasse 266. The Sheriffes Bailiffe to execute a Replevin tooke with him three hundred men armed modo guerino with brigandines jacks and guns and it was holden lawfull for the Sheriffes officer hath power to take assistance aswell as the Sheriffe himselfe for that all is one office and one authority 7. Dalton 324. A man demands the peace in the Chancery against a great Lord and hath a supplicavit directed to the Sheriffe there if need shall be the Sheriffe may take his posse comitatus to aid him to arrest such a Lord c. 8. So it seemeth if a supplicavit be directed to a Iustice of peace Dalton ibid. the Iustice of peace or the officer to whom the Iustice of peace shall make his warrant in this behalfe upon resistance made may if need be take posse comitatus to aid him to arrest the party quia quando Co. li. 5. fo 115. aliquid mandatur mandatur omne per quod pervenitur ad illud Co. 5. 115. 9. The Sheriffe may take Posse comitatus to apprehend felons c. or disturbers of the Peace 10. So he may take Posse comitatus to execute the precept of the Iustice of Peace 11. 3. H 7. 10. 1â— H. 7 19. Bâ— Trespassâ— 432. The Constable of the Towne upon a treason or felony committed or upon any affray or the like may take the aide of his neighbours or other persons being present to apprehend the Traytor or felons or to cause the peace to be kept and to carry the offendors before the Iust of peace 12. One hath hurt another whereby he is in perill of death 38. Ed 〈◊〉 the Constable may take power or aide to arrest him that did the hurt Praemunire CHAP. 48. 1. EVery Iustice of peace may cause all such as are suspected to have fallen into the danger of a Praemunire to be arrested and to commit the offendor upon probable proofe thereof and this he may doe by the first assignavimus of the Commission for nothing can be more against the peace and good governement then bringing in and extolling of forraigne Iurisdictions and authority and therefore it will be needfull to informe the Iustices of peace what offences by the lawes and statutes of force in Ireland will bring a man into the danger of a Praemunire 2. At the common law before the statute of 25. Ed. 3. de proditionibus the extolling of forraigne Iurisdiction was Treason but by that statute the law is altered and as well in that Parliament as in many other parliaments severall provisions have beene made against offendors of this kinde the substance and effect of which statutes are here expressed as followeth videlicet Rome Abbies Priories 3. In anno 25. E. 3. c. 22. It is ordained that because that some doe purchase in the Court of Rome provisions to have Abbies and Priories in the Kings Dominions in destruction of the Realme and holy Religion every man that purchaseth such provisions of Abbies or Priories that he and his Executors Executors and Procurators which doe sue and make execution of such provisions shall be out of the Kings Protection Protection and that a man may doe with them as with enemies of our Soveraigne Lord the King and the realme and he that shall commit any thing against such provisors in body or in goods or in other possessions shall be excused Excused against all people and shall never be impeached or grieved for the same at any mans suit 4. Afterwards in anno 27. E. 3. ca. 1. another statute was made to this effect that is to say because that it is shewed to the King by the grievous and clamorous complaints of great men and commons how that diverse of the people be and have beene drawne out of the realme to answer of things whereof the cognisance pertaineth to the Kings Court and also that the Iudgements given in the same Courts be impeached in another Court in prejudice and disherison of the King and of his Crowne and of all the people of his said realme and in the undoing and destruction of the common Law of the same Realme at all times heretofore used whereupon good deliberation being had with the great men and other of his said councell it is assented and accorded by our soveraigne Lord the Kings and the great men and commons aforesaid that all the people of the Kings liegeance of what condition that they be which draw any out of the Realme in plea whereof the cognisance pertaineth to the Kings Court Court or of things whereof Iudgements be given in the Kings Court or which doe sue Sue in any other Court to defeat or impeach the judgements given in the Kings Court shall have day containing the space of two months by warning made to them in the place where the possessions be which bee in debate or where they have lands or other
of him as of a Theefe if the quantitie of the goods the fame require 5. E. 3. cap. 2. 3. 14. E. 3. ca. 19. The purveyances which shall be made for the Kings houses and the Queenes where they doe abide and passe through the countrey shall be made by warrant Warrant and power given to them which shall make the purveyances in which shall be expressely contained that they shall take nor buy nothing unlesse it be by promise made betwixt the buyer and the seller and by the agreement of the sellers and if any will any thing take by colour of his Commission against this ordinance none shall be bound to obey him no more then if he had no commission and of that which shall bee so bought and purveyed payment Payment shall be made to the seller before that the King passe out of the vierge Vierge and of great purveyances to be made as of flesh fish and other victuals for the Kings warres Warres and for to vittaile Castles and townes of Scotland and England Marchants and other places certaine Merchants and other good people shall be deputed by the Treasurer Treasurer to make the said purveyances without Commissions Commission and without the Kings or others power so that the people nor none of them be put to sell any thing against their will and that no Commission be made to the keepers of the Kings horses but be it onely commanded to the Sheriffe Sheriffe that he make purveyance by him and by his of the issues of his bailiwicke and the number of the horses Horses for which he shall make such purveyance shall be contained in the said commandement and that no purveyance bee made over this number saving that the chiefe keeper have an Hackney and that he take good heed Overcharge that the countrey be not charged of more then shall keepe the horses but for every horse a boy without bringing women pages or dogs with them and if more be found abiding in charge of the countrey they shall be brought to the prison Imprision there to remaine till the King hath sent his will and in the same manner be it commanded to the Sheriffes Sheriffe that they make their purveyances for Dogges the Kings dogs of the issues of their Bailiwickes where they dwell and that such purveyances be made by none other but by the Sheriffes and be it conteined in his commandements the number of the dogs for which he shall make purveyance over which number no purveyance shall be made so that they live of their certaine without charging the countrey and if any finde himselfe grieved against this ordinance he shall have his recovery against the Sheriffe of such grievances done to him Anno 14. E. 3. cap. 19. 25. E. 3. ca. 1. 4. Also by another statute made in anno 25. E. 3. ca. 1. it is ordained that forasmuch as outragious damage hath beene done to the people by the Purveyors of victuals for the houses of the King the Queene and their Children it is c. that the takers of Corne Corne. for the said houses shall take the same by measure Measure striked according as is used throughout the land and that such Corne hay Hay litture bestaile and other victuals Victuals and things which shall be taken for the said houses shall be praised by the very value by the Constable Constable and other good people of the Towne where such taking shall bee made without that the praisers by menaces or dures shall be driven to set any other price then their oath Oath will and as it commonly runneth in the next markets and that betwixt the Purveyors and them whose goods shall be taken in the presence of the Constables and praisers Talles Talles bee made incontinently without that the people whose the goods shall be be drawne or travailed elsewhere and the same talles bee sealed with the seales of the takers of the things so taken by which talles satisfaction shall be made to them whose goods shall be so taken and if any Purveyor or taker for the said houses doe in any other manner he shall be immediately arrested by the Towne where the taking shall be made Impris and brought to the next gaole and if he be thereof attainted Felony it shall be done of him as of a Theefe if the quantity of the goods the same require according as in a statute made in the time of the said King in the fifth yeare of his raigne and in another made in the time of the said Kings Grandfather upon such takings is contained at the full and from thenceforth in the Commissions Commissions of such takers and Purveyors the intent and paine limitted in this statute shall be contained and that no Commission be made but only under the Kings great seale Great seale or privy seale Privy seale nor no man be bound to obey any such Commissions in other manner then is aforesaid and that the same statutes take place in all points against every taker and Purveyor of every manner of victuall in every part of the realme of what condition soever he bee Anno 25. Ed. 3. cap. 1. 25. E. 3. ca. 15. 5. And likewise by another statute made in anno 25. E. 3. ca. 15. it is ordeyned that forasmuch as the takers and buyers of the Kings takings doe take sheepe Sheepe betweene Easter and Saint Iohn Baptist with their woolls and praise the same at a small price and after send them to their owne houses Shorne sheepe and cause them to be shorne to their owne profits no such Taker Purveyor nor buyer shall take any sheepe before the time of shearing but only so many as may reasonably suffice till the time of shearing and after that time they shall take as many sheepe shorne and none other as may reasonably suffice them for the time to come and if any Taker Purveyor or buyer of the realme doe against the same and be thereof attainted at the suit of the King Felony or of the party it shall be done of him as of a Theife or a robber and the paine shall be contained in every Commission of such purveyors 25. E. 3. cap. 15. 6. By another statute made in 34. E. 3. ca. 3. 34. E. 3. ca. 3. it is enacted that of purveyances made to the use of the Queene and the Prince of Poultrie Poultrie and of other small things payment Payment shall be made in hand upon the taking and of other great purveyances within the moneth or six weekes Six weekes in the Countries where they shall be taken and that the number of such Purveyors bee abridged in as much as conveniently may be for the aide and quietnesse of the common people Anno 34. Ed. 3. ca. 3. 7. Likewise in Anno 36. E. 3. 36. E. 3. ca. 2.
before time made of Purveyors and buyers shall be holden and kept and put in due execution and in case that any Purveyor buyer or taker will take and make purveyance or buy any thing to the value of 40. s. or under of any person and make not ready payment in hand 40. s. ready payment that then it shall be lawfull to every of the Kings liege people to retaine their goods and chattels and to resist such Purveyors and buyers Resist and in no manner wise suffer them to make any such Purveyances buyings or takings and for the peace better to be kept that every Constable Constable Tithingman Tithingman or chiefe pledge of every Towne or hamlet where such purveyances or takings shall be made shall be aiding or assisting to the owner or seller of such things to be against the forme of this ordinance to make resistance in the forme aforesaid in case that such Constables Tithingman or chiefe pledge bee required that to doe upon paine to yeeld to the partie so grieved the value of the things so taken with his double damages and that none of the Kings liege pleople be put to losse or damage by the King or any officer for such resistance and that none of the Kings officers shall doe to be arrested vexed or impleaded in the Court of the Marshalsey or elsewhere any of the Kings liege people for such with-holding or not suffering to be done upon paine to lose twenty pounds Forf Moitie the one moity of that to the King and the other moitie to him which will in such case sue and that the Iustices of peace Iustice of peace in every County shall have power by authority of this ordinance to enquire heare and determine Oyer and Ter. aswell at the suite of the King as of him that will sue of any thing done against this ordinance and thereof to make due punishment and execution and to award damages Damages to the party plaintiffe when any defendant is thereof duely convict and that in every Action to be taken upon this ordinance every party defendant shall be put to answere to that without aide of the King and in such Actions to be taken No aide Proces proces shall be made as in a writ of Trespasse done against the peace and that in every Commission Commission of Purveyors takers or buyers to be made this ordinance shall be contained and expressed and moreover that this ordinance among other statutes of Purveyors buyers or takers before this time made shall be sent to the Sheriffes Sheriffe of every County to proclaime and deliver the said statutes and ordinances in the manner and forme contained in the statute of purveyors and buyers made in the first yeare of the Raigne of the said King H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the coÌ„quest touching Purveyors of other persons then of the King shall be put in due execution Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca. 2. 23. H. 6. ca. 2. it is ordained that the said statutes of an 36. E. 3. from thenceforth should be duely kept and put in due execution and moreover that every purveyor and buyer before that he shall have any Commission shall be sworne Sworne in the Chancery Chancerie that he shall take nothing of the people contrary to the said ordinances and moreover forasmuch as the poore people be not of power nor dare make resistance against the purveyors and buyers nor sue them by the law though that they doe contrary to the said statutes It is ordained by the same authority that the praisers and also all the Towne and townes Townes adjoyning if need be shall be bound to doe their devour and power to resist Resist the buyers and purveyors doing contrary to the said statutes and as much as in them is to execute the said statutes upon the said Purveyors if they be required and that he which is grieved of his goods taken contrary to the said statutes and ordinances may chuse to have either an Action of debt Action of debt against the said preisers Towne or Townes and every of them which doe not their devour in resistance of the said Purveyors or buyers in the forme aforesaid when they shall be required or else against the said Purveyors 3. Value 3. Damages or buyers and every of them to recover the treble value of his goods so taken and moreover his treble costs and damages and if any purveyor and other the Kings officer doe trouble or vexe any of the Kings liege people in the marshalsey or elsewhere by any evill suggestion or cause fayned imagined or coloured upon them because of the execution of the said ordinances he shall incurre the paine of Twenty pound Forf to be paid to the party grieved over his damages and costs in that behalfe sustained and that he thereupon shall have a writ of debt Writ of debt and that every issue Issue triable in this action shall be tried in the county County where the taking of the said goods was made and that the defendants in the said causes shall not be admitted to wage their law and shall be put to answere without forcing and no eâ—â—oyne â—ide of the King nor protection shall be to them allowed and that the Sergeant of the Caterie Sâ—â—â—eant of Câ—terie shall satisfie all the damages debts and executions which shall be recovered against every Purveyor and buyer underneath him in all the cases aforesaid in case that the Purveyor or buyer be not sufficient to satisfie and the party complainant shall have a scire facias Scire facias to have execution against the said Sergeants in the case and that these statutes and ordinances shall be sent to the Iustices of the peace in every County to proclaime them every yeare and thereof to informe the people Iust of P. Proclamation Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person 23. H. 6. ca. 14. of what estate degree or condition that he be presume upon him to take or otherwise doe take any victuals Victuals Corne Corne. or hay Hay carriages Carriage or any other thing whatsoever of any of the Kings liege people in any wise against their will without lawfull bargaine betwixt the said buyers or officers and the said liege people thereof to be made to the use of the said Lords for their houses but all onely for the King and the Queene and their houses that then if notice or request be made to the Mayor Maior Sheriffe Sheriffe Bailiffe Bailiffe Constable Constable Officers or other of the Kings ministers of Cities and Borroughes or other Counties or places where such taking shall
Dalton ibid. Also the said Iustices may take from such riotters their Armour harnesse and weapons and shall cause the same to be prised and to be answered to the King as forfeited 41. After the arrest made Record 13. H. 4. ca. 7. P. 1. the said Iustices and Sheriffe or undersheriffe shall make a record in writing of the said riot scil of all that which they shall see and finde done in their presence against the Law without any other inquiry 42. But if the Iustices of peace doe not themselves see the Riot Dalton 103. then they cannot make a record thereof but then they must inquire thereof Ibid. 43. If the Iustices of peace c. going to see a Riot another riot shall happen in their presence they may record this and arrest and imprison the offendors Ibid. 44. So if the Riotters shall make a Riot upon the Iustices and Sheriffe that doe come to arrest them for their former riot they may record that also Ibid. 45. So if two Iustices of peace and the Sheriffe or undersheriffe shall meet for any other occasion of service or for any private businesse as upon an arbitrement or other like matter and a riot shall happen to be done upon themselves or in their sight they may record it and may arrest and imprison the offendors 9. H. 6. fo 60. Cromp. 63. 65. 46. And if the Iustices of peace shall record a riot and upon examination of the matter after it shall appeare to be no riot or that they saw it not or that there was no riot at all yet the parties shall be concluded thereby and have no remedy by course of common Law but if it be done of malice or partiality they shall be punished for it in the Starchamber and therefore the Iustices shall doe well to be advised what they record See 9. H. 6. fo 60. Br. Iudges 2. Dalton pa. 103. 47. And againe for that this record of the Iustices and Sheriffe is a sufficient conviction in it selfe against the offendors therefore it ought to be formall and certaine as well for the time and place as also for the number of weapons manner and other circumstances because the parties be concluded thereby and shall not bee received to traverse or deny it in any point 48. For the forme of the record vide tit Warrants and presidents 49. The record ought to remaine with one of the said Iustices of peace Dalton pa. 103. and shall not be left amongst the records of the Sessions of the peace it being made out of the Sessions and not appointed to be certified thither 50. Also the said Iustices of peace and none other Iustices of peace shall commit such offendors to the gaole Dalton pa. 103. there to remaine convict by their view testimony and record as in case of forceible Entrie untill they have paid a fyne to the King 51. Also such commitment of the offendors to the gaole ought to be done presently Co. â— 120. 52. And the power of the County ought to bee ayding to the Sheriffe and undersheriffe for the convaying of them to the gaole Dalton pa. 103. if there be occasion 53. If the Iustices of peace and Sheriffe or undersheriffe shall record the riot Cromp. 61. and shall not presently commit the riotters to prison or if they shall commit them to prison and shall not record the riot they shall forfeite every of them 100.l by the statute 13. H. 4. Fâ—oâ—â—â— Pâ—â—â—tâ— 1â— H. 4. â—a 7. for that 〈◊〉 â—haâ—e noâ— done execution of the same stat for by the statute they shall record fine and commit the offendors or else the statute is not fully executed 54. Also the said Iustices of peace and none other shall assesse the fines upon the offendors Cromp. 161. 2. H. 5. ca. 8. for they have best knowledge of the matter c. Co. 8. 4. 1. a. which fines by the statute 2. H. 5. 8. ought to be of good value that out thereof the charges of the said Iustices and other officers may be borne sc their charges in going tarrying Dalton pa. 104. and returning c. about the suppressing and inquiry of such riots of which charges payment shall be made by the Sheriffe by Indenture thereof made betweene him and the said Iustices 55. And yet such fines must be reasonable and just and secundum quantitatem qualitatem delicti and not unreasonable or excessive for excessus in re qualibet jure reprobatur communi Co. 11. 44. and so it is commanded by the statutes 18. E. 3. 2. 34. Edw. 3. 1. P. Iust 1. 18. 56. Note also that the fine assessed in this and such like cases must not be imposed upon all the offendors jointly but must be assessed upon every offendor severally Co. 11. 43. 44. 57. And the said Iustices shall cause the said fines to be estreated into the Exchequer Dalton 104. that so the said fines may be levyed to the Kings use and then they are to deliver the offendors againe as it seemeth or else the said Iustices may record such riot by them viewed and commit the offendors and after certifie the record to the Assizes or Sessions or into the Kings Bench as in case of a forceible Entry 58. 13. H. 4. 7. But it the riot was not committed in the presence of the Iustices of peace or that the offendors be departed before the comming of the said Iustices and Sheriffe or undersheriffe then the said Iustices or two of them at the least within one moneth after such riot assembly or rout shall inquire thereof Enquiry by the oathes of a sufficient Iury to be returned by the Sheriffe and the same riot c. being found by such Inquisition the said Iustices must make a record in writing of such their inquiry and presentment found before them which record also is to remaine with one of the said Iustices P. R. 29. 59. The forme of such enquiry or presentment you may fee in the title of warrants and presidents 60. This enquiry shall not be Cromp. 62. but where the rioters are gone before the comming of the Iustices 61. Dalton pa. 104. It is not necessary that one of the Iustices of peace which shall make enquiry of a riot be of the Quorum 62. Although the words of the statute are the same Iustices Dalton pa. 104. scil which came to see the riot shall enquire yet if any other two Iustices of peace of that County shall doe it that will suffice 63. Ibid. Also the Iustices of peace although they goe not to see the riot yet they may enquire thereof within the moneth after 64. Dalton pa. 10â— Neither is it of such necessity to have the enquiry within the moneth that for default thereof the presentment shall be voide for the Iustice of peace may enquire thereof at any time by force of their Commission but
peace of the same shire or liberty or else to the high Constable of the hundred rape or wapentake within which such persons shall be taken and if he be taken within any City or Towne corporate then to be brought before the Maior Sheriffes or Bailiffes of every Towne corporate and that every such Iustice of peace high Constable Maiors Sheriffes and Bailiffes by their discretions shall cause every such idle person to him so brought to be had to the next market Towne or other place where the said Iustices of peace high Constable Maiors Sheriffes Bailiffes oâ— other officers shall thinke most convenient by his or their discretion and there to be tyed to the â—nd of a Cart naked and be beaten with whippes throughout the â—ame market Towne or other place till his body be bloudy by reason of such whipping and after such punishment and whipping had the person so punished by the discretion of the Iustice of peace high Constable Maiors Sheriffes Bailiffes and other officers before whom such person shall be brought shall be enjoyned by his oath to returne forthwith without delay in the next and straight way to the place where he was borne or where he last dwelled before the same punishment by the space of three yeares and there to put himselfe to labour like as a true man ought to doe and after that done every such person so punished and ordered shall have a letter sealed with the seale of the hundred rape wapentake City Borough Towne liberty or Franchise wherein he shall be punished witnessing that he hath beene punished according to this statute and containing the day and place of his punishing and the place whereunto he is limited to come thither within which time he may lawfully begge by the way shewing the letter and otherwise not and if he doe not accomplish the order to him appointed by the said letter thereto be eftsoones taken and whipped and so as often as any default shall be found in him contrary to the statute in every place to be taken and whipped till he be repaired where he was borne or where he last dwelled by the space of three yeares and there put his body to labour for his living or otherwise truely to get his living without begging as long as he is able so to doe and if the person so whipped be an idle person and no common begger then after such whipping he shall be kept in the Stocks till he have found surety to goe to service or else to labour after the discretion of the said Iustices of peace Maiors Sheriffes Bailiffes high Constables or other such officers before whom any such idle person being no common begger shall be brought if by the discretion of the same Iustice of peace Maior Sheriffe Bailiffe high Constable or other such head officer it be so thought convenient and that the party so punished be able to finde surety or else to be ordered and sworne to repaire to the place where he was borne or where he last dwelled by the space of three yeares and to have like letter and such further punishment if he eftsoones offend this statute as is above appointed to and for the common strong and able beggers and so from time to time to be ordred and punished till he put his body in labour or otherwise get his living truely according to the statute and that the Iustices of peace of every shire riding City Towne and liberty shall have power and authority within their limits of their Commissions to enquire of all Maiors Sheriffes Bailiffes Constables and other like officers and persons that shall be negligent in executing of this Act and if the Constables and inhabitants within any Towne or Parish where any such impotent person or strong begger doth happen to begge contrary to the forme of this statute be negligent and take not every such impotent and strong begger that so shall begge against the forme of the statute and order and punish every such begger as is above limitted that then the Towneship or Parish where such default shall be shall lose and forfeite for every such impotent begger that shall be suffred to begge within the said Towneship or Parish not being taken ordred and punished according to the forme of this statute three shillings and foure pence and for every strong begger that shall happen to begge within any such Towneship or Parish not being taken and ordered as is above limitted by this statute six shillings and eight pence the one halfe of all which forfeitures to be to the King our soveraigne Lord and the other halfe to him that will sue for the same by any bill of information before the Kings Iustices of his peace in their Sessions to be holden within the Shire or within the liberty where such default shall happen and that all Iustices of peace within any Shire City Borough or liberty shall have full power and authority aswell to heare and determine every such default by presentment as by such bill of Information and upon every presentment afore them and upon every such bill of Information to make processe by distresse against the Inhabitants of every such Towne and Parish where any such default shall be presented or supposd by any such Information by authority of which distresse the Sheriffe or other officer to whom by the Law such distresse shall be made shall distreine the goods and Chattels of such one or two of the said Inhabitants as he may have knowledge were most negligent and in default in the execution of this Act and the said distresse retaine till they finde surety to appeare at the next Sessions limitted in their said distresse and in case they appeare and confesse the default or else if they traverse the presentment and it be tryed against them by verdict or deny the Information and it be proved against them by sufficient witnesse then the said Iustices of peace in their Sessions shall have power and authority to assesse the fines as beene above limitted after the rates abovesaid and to make processe for the levying of the fame by distresse of the Inhabitants of such Townes or Parishes where such default shall be tryed or proved and that every such fyne if it grow by presentment to be only to the Kings use and if it grow by Information the moity thereof to be to him that pursueth the information for the fame and the other moity thereof to the Kings use as is aforesaid and if any such person or persons distrained appeare not at the day and place contained in such distresse then upon the returne of the Sheriffe or other officer to whom the distresse was delivered to execute that such person or persons were distrained then every such person or persons so distrained at the first distresse shall loose 40. d. and at the second 5. s. 8. d. and so to be doubled upon every distresse in such cases to be awarded till apparance may be had by one of the
in danger of drowning 9. So to ravish a woman against her will 10. So to commit any Burglary robbery murder or manslaughter all which are to the person of another or to procure the same all and every of these are forfeitures of this recog 11. So to commit any Treason against the person of the King Marrow lect 7. 2. H 7. 2. b. 12. Note that the Act which must make a forfeiture of a recog for the peace must be done or intended to the person of another by the opinion of Master Marrow And the booke 2. H. 7. importeth as much saying that this surety of the peace is not broken without an affray fighting beating or the like 13. Also to be riotously assembled Marrow is a breach of the peace and a forfeiture of this recog nay if two Iustices of peace shall record a riot upon their view against a man so bound to the peace although it were no riot c. yet hee cannot plead not guilty in a scire facias upon his Recognisance 14. Also to weare armour or weapons not usually worne or to goe with an unusuall number of attendants seeme also to be a breach or meanes of a breach of the peace and a forfeiture of this recog for the peace for these stricke a feare and terrour in the people and be in effray del pais See Br. Suretie 12. 15. He that is bound to the peace ought to carry himselfe well in his behaviour and company yet the having of weapons or company unusuall are in some cases allowed and lawfull and are no breach of the peace as in executing of any legall authority by magistrates or by any other of the Kings officers or ministers of Iustice 16. Batterie Iustificable Also though assaults and batteries be for the most part contrary to the peace of the Realme and the Lawes of the same yet some are allowed to have a naturall and some a civill power or authority over others so that they may in reasonable and moderate manner onely correct and chastice them for their offences without any imputation of breach of the peace yea they may by the Law justifie the same 17. And therefore the parent with moderation may chastice the child within age 18. So may the master his servant or apprentice 19. So may the schoolemaster his schollers 20. So may the Gaoler or his servant by his commandement his unruly prisoners 21. So may any man his kinseman that is madd c. and none of these shall be in perill therefore to forfeit any recog of the peace 22. And where the servant shall be negligent in his service or shall refuse to doe his worke c. there the master may chastice his servant for such negligence or refusall so as he doth not it outragiously 23. But if the servant shall depart out of his masters service 38. H. 6. 25. and the master happen after to lay his hands on him yet the master in this case may not beate 5. El. 4. P. Labourers or forceibly compell his said servant against his will to returne or tarry with him or doe his service but either he must complaine to the Iustices of peace for his servants departure or he may have an Action upon the statute of Labourers against his servant if being required to doe his service he shall refuse it See anteà tit Labourers 24. And as the Master without the breach of the peace cannot by beating or force compell his servant to serve against his will no more can a Lord 21. Ed. 4. 6. li. Intr. b. 13. or guardian in Chivalry compell his Ward by beating or by force to come unto him or to tarry with him against his will 25. Also the schoolemaster may chastice his scholler with a rod which is carelesse and negligent of his learning 22. Ed. 4. 45. 22. Ass p. 5. 6. or that shall abuse his schoolefellowes or for other the like occasions 26. Also it is lawfull for the parents kinsemen or other friends of a man that is madd or franticke who being at liberty attempteth to burne a house or to doe some other mischiefe or to hurt himselfe or others to take and put him into an house to bind or chaine him and to beate him with rods and to doe any forceible Act to reclaime him or to keepe him so as he shall doe no hurt An officer Li. intr 612. Stam. 13. 14. 21 H. 7. 39. 27. Also if a Constable Sergeant Bailiffe or other officer of Iustice or any other being of their company for the better executing of their office shall be forced to strike any one that will not yeild to their arrest or that shall resist or flie from their arrest they shall not be in danger to forfeit any recog of the peace by any such assault or striking but may well justifie such Act. Li. intr 611. 16. Ed. 4. 11. 12. Ed. 4. 6. 28. Also it is no breach of the peace for any private man to beat strike or wound another in defence or safeguard of his owne person from killing wounding or beating but is a thing justifieable and yet it seemeth if another shall assault me if I may escape with my life or without being wounded maimed or hurt it is not lawfull for me to hurt or wound the other who first made the assault but I must first flie or goe from him as farre as I can 25. Ed. 3. 42. 2. H. 4. 8. 33. H. 6. 18. Br. trans 28. 71. Cromp. 137. 29. If two or more doe agree together to play at Barriers Back-sword Bucklers Football or the like and one of them doth wound or hurt the other the party hurt shall have no Action of Trespasse against the other for that it was by consent and to try their valour and not to breake the peace Fitz. Barr. 244. 30. Yet if such a man were before bound to the peace such Act seemeth to be a forfeiture of his recog See Br. Coron 229. for although such sports be suffred yet they are not lawfull In defence of others 31. Also it is no breach of the peace for a man to beat him that doth assault and would beat wound or evill intreate his wife father mother master but is justifieable 32. So if the wife shall beat him that assaulteth and would beat or evill intreate her husband this is justifieable 33. So if the father or mother shall beat him that assaulteth and would beat or evill intreat their childe being then within age and not able to defend it selfe 34. But though the servant may lawfully beat him that doth assault and would beat or evill intreate his master or mistrisse yet the servant cannot justifie the beating of another in defence of the father mother brother sister sonne or daughter of his master or mistrisse for he oweth no obedience to any of them 35. By some opinions the master cannot justifie the beating of him that doth assault and
common tyle or gutter tyle shall make it good seasonable sufficient and throughly whited and anealed and that the ground whereof any such tyle shall be made shall be digged and cast up before the first day of November next before that they shall be made and that the same earth be stirred and turned before the first day of February then next following and not wrought before the first of March then next following and that the same ground before it be put to making of tyle be truely wrought and tryed of stones and also that the vaines called malyne or marle and chalke lying commonly in the ground neere to the earth convenient to make tyle after the digging of the said ground whereof any such tyle shall be made shall be well and truely severed and cast from the earth whereof any such tyle shall be made and that every such plaine tyle so to be made shall containe in length ten Inches and a halfe Plaine Tyle Length Bredth and in breadth six Inches and a quarter and in thicknesse halfe an Inch and halfe a quarter at the least and that every such Rooofe tyle Roofe Tyle or Crest tyle so to be made shall containe in length thirteene Inches and the thicknesse of halfe an Inch and halfe a quarter at the least with convenient deepenesse accordingly and that every gutter tyle and corner tyle to be made shall containe in length ten Inches and a halfe with convenient thicknesse breadth and deepenesse accordingly and if any person or persons set to sale to any person or persons any such tyle above specified made or to be made against the said ordinance then the seller thereof shall forfeite to the buyer of the same the double value of the same tyle Forf double value fyne and besides that shall make fyne and ransome to the King at his will and that every person that feeleth himselfe grieved and will sue in this behalfe shall have an action of debt against the offendors wherein shall be made and had like processe recovery and execution as is or may be in any other action of debt pursued at the common Law and that the plaintiffe in every such action if it be found with him shall recover against the defendant in the same action his reasonable costs Costs and expences of his suit and that the defendant in any such action shall not be admitted to wage his law or to have any essoyne or protection allowed nor no advantage by forcing Any Iustice of Peace by Essoyne or distresse And also that the Iustices for the time being within any County of this Realme and every of them shall have full power to enquire heare and determine Enquire heare and determine by their discretions aswell by examination or otherwise the defaults offences and trespasses which shall happen to bee done against this ordinance aswell at the Kings suit as at the parties that shall feele themselves grieved in that behalfe and if it be found or may appeare to the Iustices of peace or any of them by examination or otherwise by their discretion that any person or persons have offended contrary to this ordinance that then the same Iustices before whom it shall bee found or appeare shall assesse upon the offendor in this behalfe no lesse fine Fine then for every thousand of plain Tyle set to sale contrary to this ordinance five shillings and for every hundred of Roofe Tyle six shillings eight pence and for every hundred of Corner Tyle or gutter Tyle two shillings sold contrary to this ordinance and if lesse be put to sale that lesse fine be made after the rate of the same by the discretion of the said Iustices of peace or any of them and that the same Iustices shall have full power to call before them or any of them at any time and place requisite such and so many persons as by their discretion have or shall have best experience and knowledge in the occupation of making of Tyle to search and examine Examine the digging casting turning parting making whiting and anealing aforesaid and that the same person or persons which so shall be assigned searchers shall have full power to make such search Search and that no person put no such Tyle to sale before that it be searched by the said Searchers upon paine of forfeiture Forfeiture of the said Tyle and if the same Searchers or any of them doe finde that any person or persons exercising the making of Tyles doe offend contrary to this ordinance that then the same Searchers shall present such defaults before the Iustices of peace at their next Sessions In. of peace Sessions And that every such presentment be as strong and effectuall in Law as the presentment of twelve men and that such Searchers so to be ordained assigned and deputed shall have of every such Tylemaker for his labour of the said search for every thousand plaine Tyle 2.d for every thousand Roofe Tyle ob and every hundred Corner Tyle and gutter Tyle a farthing And that the same Searchers shall doe and execute their effectuall devoir and diligence in this behalfe according to this ordinance upon paine of forfeiture to our Soveraigne Lord the King for every default in this behalfe Ten shillings Forf Iu. of peace and that the Iustices of peace shall have power to examine enquire and determine the default of such Searchers in the premisses in like forme as above is ordained for the default of Tile-makers Anno 17. Ed. 4. cap. 4. Tythes CHAP. 68. 1. IF sentence definitive be given for Tithes by any Ecclesiasticall Iudge 33. H. 8. ca. 12. and the party against whom such sentence is given shall refuse to performe the same then upon Certificate thereof made by the same Iudge that gave the sentence two Iustices of the peace whereof one to be of the Quorum may cause him to bee attached and committed to Ward there to remaine without baile or mainprise untill he finde sufficient sureties before the said Iustices by Recognisance or otherwise to the King to performe the said definitive sentence and Iudgement as appeareth by a statute made in Ireland in Anno 33. H. 8. ca. 12. Watch. CHAP. 69. 1. EVery Iustice of peace may cause night watch to be duely kept for the arresting of persons suspected and night-walkers bee they strangers or others that be of evill fame or behaviour and this they may doe by force of the first Assignavimus of the Commission and of the statute of Winchester and by the said statute this Watch is to be kept yearely from the Feast of the Ascention untill Michaelmas in every Towne and shall continue all the night scil from the Sun-setting to the Sun-rising and by another statute made in anno 5. E. 4. ca. 5. in Ireland the Watch is to bee kept in every Towne from Michaelmas untill Easter so as by both these statutes watch is to be kept all
the yeare saving onely betweene Easter and Ascention day 2. All such strangers or persons suspected as shall in the night time passe by the watchmen appointed thereto by the towne Constable or other officer may bee examined by the said watchmen whence they come and what they be and of their businesse Winch. 13. Ed. 1. ca. 4. 5. Ed. 3. ca. 14. c. and if they finde cause of suspition they shall stay them and if such persons will not obey the arrest of the watchmen the said watchmen shall levie Huy and Cry that the offendors may bee taken or else they may justifie to beat them for that they resist the peace and Iustice of the realme and may also set them in the stockes for the same untill the morning and then if no suspition be found the said persons shall be let goe and quit but if they finde cause of suspition they shall forthwith deliver the said persons to the Sheriffe who shall keepe them in prison untill they be duely delivered or else the watchmen may deliver such persons to the Constable and so to convey them to the Iustice of peace by him to be examined and to be bound over or committed untill the offendours be acquitted in due manner Waxe CHAP. 70. 11. H. 6. ca. 12. 1. EVery Iustice of peace may examine and search by his discretion such as doe sell or set forth to bee sold any Candles or other workes of Waxe at higher price then after the rate of iiij d the pound over the common price of plaine waxe betweene Merchant and Merchant and may punish them by forfeiture of the worke or value thereof and by fine to the King Weights and Measures CHAP. 71. 1. BY a statute made in England in anno 9. H. 5. ca. 8. the Iustices of peace have power to take and imprison all falsifiers and Counterfeiters of false weights and to hold them in prison without mainprise untill they be acquitted or attainted and if they be attainted their bodies shall abide in prison untill they have made fynes and Ransomes at the discretion of the said Iustices 2. By another statute made in England in anno 34. E. 3. ca. 6. Iustices of peace have power to enquire of weights and measures and to punish the offendors and therefore it is necessary for them to know what weights and measures by the lawes and statutes of force in this Kingdome ought to be observed 9. H. 3. 26. Weigâ—â— 3. By the statute of Magna charta capitulo 26. there shall be but one weight one measure and one yard throughout the whole realme scil according to the Kings Standard in the Exchequer and this statute of Magna charta hath since herein been confirmed by many severall Parliaments viz. by the statutes of 14. Ed. 3. ca. 12. 27. Ed. 3. 10. 13. R. 2. 9. 8. H. 6. 5. and 7. H. 7. ca. 3. as thereby appeareth 4. And yet notwithstanding all these statutes there alwayes hath been two kinds of Weights used in England and both warrantable the one by law and the other by Custome as it seemeth but they are for severall sorts of wares or commodities for there is Troy weights and Averdepois Dalton fo 123. 5. Troy weight is by Law and thereby are weighed gold silver pearle pretious stones electuaries bread wheat and all manner of graine or Corne is measured by Troy weight and this hath to the pound 12. ounces or twenty shillings old ster weight which is three pound of the money now currant 6. Averdepois weight is by Custome yet confirmed also by statute and thereby are weighed all grossery wares phisicall drugges 27. Ed. 3. ca. 10. Butter Cheese flesh waxe pitch Tallow Woolls Hempe Flaxe Iron Steele Lead and all other commodities not before named but especially every thing that beareth the name of Garbell and whereof issueth a refuse or waste 7. And this hath to the pound sixteene Ounces or 25. s. old sterling weight Also in this Averdepois weight unto every hundred is allowed twelve pounds weight 27. Ed. 3. 10. 8. Also all manner of Averdepois shall bee weighed by lawfull weights sealed according to the Standerd of the Eschequer Averdepois Averdepois weight 14. ounces and an halfe and 2. pence weight Troy doe make 16. ounces of Averdepois 7. pounds or pints Averdepois make the Gallon of Wheate c. 14. pounds or pints Averdepois make the Pecke of Wheate c. 56. pounds or pints Averdepois make the Bushell of Wheate c. Pints or pounds 5120 512 256 64 16 8 4 Troy weight Quarts 2560 256 128 32 8 4 2  Pottles 1280 128 64 16 4 2 1  Gallons 640 64 32 8 2 1  Measures of Corne according to Troy weight Pecks 320 32 16 4 1   Bushels 80 8 4 1    Coombes 20 2 1      Quarters 10 1 Ten Quarters of corne is a Last   Beere measures Ale measures  Pints 288 144 72 8 4 2 256 128 64 8 Measures of Beere Ale Quarts 144 72 36 4 2 1 128 64 32 4 Pottles 72 36 18 2 1  64 32 16 2  Gallons 36 18 9 1   32 16 8 1  Firkins 4 2 1    4 2 1   Kilderkins 2 1     2 1    Barrels 1      1     See for Corne Beere and Ale more fully in that which followeth Troy Weight 15. H. 3. 32. Wheat Cornes taken in the midst of the Eare weigheth 1.d sterling Twenty pence old sterling make the ounce Troy 12. Ounces make in weight j. li. Troy measure j. pint Two pints or pounds make the quart Two quarts make the Pottle 8. pints make the Gallon 4. quarts make the Gallon 2. Pottles make the Gallon Eight quarts make the Pecke 64. pints 32. quarts 8. gallons 4. peckes make the Bushell or Firkin Sixteene gallons Two Firkins make the Kilderkin halfe Barrell Rondlet 256. pints 128. quarts 32. gallons 4. firkins 2. kilderkins 4. bushels make the Coombe or Barrell 512. pints 256. quarts 64. gallons 8. firkins 4. kilderkins 2. barrels 8. bushels make the Quarter or Hogshead So the Pint and pound Firkin and bushell Barrell and coombe Hogshead quarter are of like content Measures of Corne. Bushell 1. ALl kind of Corne and graine is measured by Troy weight 2. By statute the bushell must containe eight gallons or sixty foure pounds or pints of wheate 31. Ed. 1. 3. And yet by the booke of the Assise imprinted Anno Domini 1597. the bushell is to containe 56. pounds or pints of Averdopois weight which is three pounds or three pints and eight ounces Troy more then the statute or Troy weight for 56. pounds or pints Averdepois weight and 67. pounds 8. ounces Troy weight doe justly agree Also every measure of Corne shall be stricken without heape and all purveyance shall be by
such measure 25. Ed. 3. ca. 10. 15 R. 2. ca. â— 43. E. 3. ca. 6. 4. Water measure sould within Shipboard shall containe five pecks stricken to the bushell 5. No person shall buy or sell with a Bushell except it be sealed and marked by the officer and according to the Kings Standerd 6. All sorts of bread ought to be weighed by Troy weight 7. Post septem dies panis non ponderetur 8. The Baker shall not sell to any victualler c. to be retayled but onely thirteene peny worth for twelve pence aswell mans bread as horsebread 9. The punishment of the Bakers for their unlawfull breads is that that the Iustices of peace or sworne officers in Leets may take away their unlawfull bread and give it amongst the poore as officers in corporate Towes are enabled to doe as it seemeth in the end of the booke of Assise imprinted anno 1597. and all Iustices of peace are there willed and required to be ayding and assisting to the said officers therein but by the statute 51. H. 3. 51. H. 3. Bakers and Brewers being convict for not observing the Assise the first second and third time they shall be amerced according to the offence if it be not over grievous but if the offence be grievous or often then shall they suffer punishment of the body without redemption sc a Baker to the pillorie and the Brewer to the Tumbrell now called the Cockingstoole as it seemeth by Master Lambard 62. or to some other correction Measures of Wine Beere and Ale c. Wine Oyle and Honey their measure is all one sc the Rondlet 16. di Barrell 31. 18. H. 6. ca. 17. di Hogshed 63. Pipe 126. Tunne 252. gallons 1. Cheese A weigh of Cheese must containe 32. cloves 9. H. 6. ca. â— and every clove seven pounds of Averdepois weight 2. Beefe and other flesh are 16. ounces Averdepois to the pound Dalton fo 133. and eight of those pounds to make the stone except where the usage of the Countrey requireth more pounds to the stone 3. Also sixscore herrings shall goe to the hundred ten hundred to the thousand and ten thousand to the last 31. Ed. 3. ca. 2. 4. Wooll 14. pounds weight goeth to the stone of wooll and 26. Dalton fo 133. 13. R. 2. ca. â— stone goeth to the sacke whosoever buyeth wools at greater weight shall pay double the value to the party grieved a fyne to the King 5. Of Sugar Spices and waxe 8. pounds maketh the stone and 13. stone and a halfe or a hundred and eight pound maketh the hundred see the statute de composit ponder Rast weights 8. 6. Of hops fivescore and 12. pounds maketh the hundred 7. Of lead the formell containeth six stone wanting two pounds and 30. Rastall weights â— formels make a load of lead and 12. pounds make a stone 8. The content of the Dicker of hyds is 10. skins 20. dickers make a last 9. For the contents of Iron glasse linnen cloath and diverse other things see the statute de composit ponder Rast 8. 10. All other commodities of tale or number are sould by the hundred whereof Cattell and fish are sould sixscore to the hundred and yet the hundred of hard fish must containe eightscore Rast 8. all headed things as nayles pins c. are sould sixscore to the hundred and all other things have but fivescore to the hundred 11. Timber well hewen and squared perfectly fifty foot thereof maketh the load 12. Lath shall containe in length five foot in bredth two Inches and in thicknesse halfe an Inch. 13. Of Tyle the Assise thereof in the length breadth and thicknesse appeareth before in the title of Tyle 14. A Bale of paper is ten Reame a Reame 20. quires of paper a quire is 25. sheetes 15. A Rowle of parchment is 5. dozen or 60. skins Measures of length 1. Three Barly Cornes measured from end to end make one Inch. 2. Fower Inches Inches make the handfull Handfull 3. Twelve Inches make the foot Foot 4. Three foot make the yard Yard 5. Three foot and 9. Inches make the Ell. Ell. 6. Seven foot make the fadome Fadome 7. Five yards and a halfe which is sixteene foot and a halfe make the pole Pole Rood or peach ibid. 8. And yet by the usage of many Countreyes the pole doth vary for in some places it is eighteene foot and in some places 20. foot and most places in Ireland 21. Co 6. 67. 17. E. 3. fo 18. foot goeth to the pole and there if a man should sell a certaine number of Acres of wood c. it shall be measured according to the usage of the Countrey there and not according to this statute for Consuetudo loci est observanda 9. Forty pole in length make a furlong Furlong 10. Eight furlongs or 320. pole make an English mile Mile 11. Forty pole in length and foure in breadth doe make an Acre Acre Stat. Composit â—ulnarum Stat. 34. P. weights 4. Ed 1. Plowland 12. And by Master Cambden fol. 339. and Hollingshed pag. 13. impress 1586. Co. li 9. 10. 184. one hundred acres is an hide of land but yet it seemeth that an hide of land or plowland or carue of land which are all one are not of any certaine content but according to the usage of the Countrey where the land lyeth Weight Measâ—â—â— 13. In anno 8. H. 6. ca. 5. It is enacted as followeth videlicet whereas by the great Charter of the liberties of the Realme of England and by a statute made the xxvij yeare of King Edward the third it was ordeined and by a statute made the xiij yeare of King Richard the second confirmed that one weight and one measure should be through all the Realme of England aswell out of the staple as within And in the same statute of the said noble King Edward it is ordained that the weight called auncell for the great damage subtill deceits done by the same measure to the common people Auncell weight shall be utterly left and set apart and the wools and all other manner of marchandise and all other things lying in weight bought or fold shall bee weighed by the balance so that the tongue of the balance doe not incline more to the one party than to the other with weights sealed and according to the standard of the Exchequer And he that doth contrary to the damage of the Seller shall forfeit to the King the valour of the goods so weighed or measured and that the party complaynant have the quatreble damages And by the said statute of the said noble King Richard it was added that the offendor shall be imprisoned by two yeares and make fyne and ransome at the Kings will And that the Iustices of peace should have power to enquire of the said defaults aswell at the Kings suit
miles Co. Dublin unus Iustic c. R.L. ballivo de S. in Comit. pred salut Ex parte dicti Dom. Regis tibi mando quod attach R.A. de S. pred Labourer Ita quod eum habeas coram me vel socijs meis Iustic dicti Dom. Regis ad pacem in Com. pred conservand Cromp. 238. Necnon ad diversa felonias transgr et alia malefacta in eodem Com. audiend et terminand assig ad prox general sess pacis in Com. pred tenend ad respondend tam dicto Domino Regi quam B.C. de A. c. Yeoman quare ipse pred R.A. licet in servitio congruo pro statu suo per pref B.C. fuit saepius requisitus ei servire ipsum tamen B.C. servire penitus recusavit in contempt dicti Domini regis et ipsius B.C. grave damnum et contra formam statuti de servientibus edit et provis Et habeas ibi tunc hoc mandat Teste c. A warrant for the suppressing of an Alehouse Iohn Cage Knight and Edward Hinde Knight two of the Kings Majesties Iustices of the peace within the said County of Dublin Co. Dublin to the Constables of B. and to either of them greeting Whereas we are credibly informed that R.D. of your Towne victualler is himselfe a man of evill behaviour and besides doth suffer evill rule and disorder to be kept in his house contrary to the Lawes and statutes of this Realme These are therefore in his Majesties name to will and command you forthwith to repaire to the house of the said R.D. and to charge him to surcease from keeping any longer any Alehouse or Tipling house and from common selling of Ale or Beere at his perill and withall that you cause his Signe to be pulled downe hereof faile you not as you and either of you will answere to the contrary at your perill Given under our hands and seales at B. the _____ day of _____ And in the yeare of the Raigne of our most gratious soveraigne Lord Charles c. A warrant for the removing of a petty Constable and for the swearing of another Carolus Dei grat c. vic Com. Dublin Co. Dublin Necnon Capitali Constab. Baroniae de C. et eorum cuilibet salut Quia W. P. et R.S. subconstabular villae de C. et K. certis de causis nos moventibus ab officio suo amoveri et exonerari fecimus Ideo vobis et cuilibet vestrum conjunctim et divisim praecipimus et mandamus quod I.F. et R.M. ad omnia et singula eidem officio incumbentia bene et fidelitèr exercenda et exequenda prout ipsi nobis inde respondere voluerint coram aliquo Iusticiar nostr ad pacem in Com. pred conservand jurare faciatis dictisque W.P. et R.S. similiter injungentes quod ipsi de dicto offic ulterius exercendo et exequendo nullatenus se intrâ—mittant quousque aliud de nobis habuerint in mandatum et quicquid inde feceritis Iustic nostris ad pacem nostram in dicto Com. conservand assign ad prox general sess pacis apud C. in dicto Com. tenend certificetis hoc precept nostrum tunc et ibid. remittentes Test I.R. Milite uno Iustic nostrorum praed tali die c. This authority of removing petty Constables and of chusing and swearing new is reputed properly to belong to the Leete it being one of the most ancient Courts in the Realme Br. Leet 14. and if the new elect be not present at the Leet to take his oath accordingly then upon certificate or notice thereof to any Iu. of P. of that County the Iust doth use to send his warrant for the party so chosen and to give them their oath Also in default of the Leet or otherwise where there shall be just cause every Iust of peace ex officio as it seemeth may remove the old Constables and may chuse and sweare new which also we see to be warranted by common experience And I have seene some presidents to such purpose as followeth To our loving friend A. B. of W. Yeoman These are in his Majesties name to charge and command you to make your repaire unto us or to some other Iust of P. of this County to take the oath of a Constable to serve his Majesty within the Towne of W. according to the choice made of you by the Iury at the last Leet holden in your Towne And hereof faile you not dated c. The forme of the oath concerning the office of a Constable You shall sweare that you shall well and truely serve our soveraigne Lord the King in the office of a Constable you shall see and cause his Majesties peace to be well and duely kept and preserved according to your power you shall arrest all such persons as in your sight and presence shall ride or goe armed offensively or shall commit or make any Riot Affray or other breach of his Majesties peace you shall doe your best endeavor upon complaint to you made to apprehend all Traitours Felons Barretors and Riotters or persons riotously assembled and if any such offendour shall make resistance with force you shall levy Huy and Cry and shall pursue them untill they be taken you shall doe your best endeavor that the watch in your Towne be duely kept and that Huy and Cryes be duely pursued according to the statute of Winchester And that the statutes made for the punishment of Rogues and Vagabonds and night walkers and such other idle persons comming within your bounds or limits be duely put in execution you shall have a watchfull eye to such persons as shall maintaine or keepe any common house or place where any unlawfull game is or shall be used As also to such as shall frequent or use such places or shall use or exercise any unlawfull games there or elsewhere contrary to the Lawes and statutes of this Kingdome you shall well and duely execute all precepts and warrants to you directed from the Iustices of P. of this County and you shall well and duely according to your knowledge power and ability doe and execute all other things belonging to the office of a Constable so long as you shall continue in this office So helpe you God This oath I have set downe the more largely thereby to shew the principall matters whereof the Constables are chiefely to have care Libri primi Finis The Methode and Contents of the second Booke 1. THe two first Chapters containe the Description of the generall Sessions and how the same shall be summoned and appointed and by whom 2. The third Chapter declareth what persons ought to give their attendance at the generall Sessions of the peace 3. The fourth fift sixt and seventh Chapters doe set forth what offences are to be given in Charge and inquired of by the Grand-Iurie viz. Offences 1. Of Treason 2. Of Felony 3. Of Misprision And lastly Fynable Offences which are of foure
Endictment of A. in which Endictment some others be indicted together with the same A. yet need not the Iustices of the peace to make certificate concerning any but A. 6. Ed. 4. 5. For although they be named joyntly yet be they endicted severally and the King may pardon A. without forgiving the other 6. E. 4. 5. Mark 11. Againe if the Endictment be of the stealing of two horses and the Certiorari speaketh but of one horse it seemeth that they neede not to certifie it at all because of the variance for it is certaine that they of the Kings Bench will not arraigne the Endictee upon it but will rather write againe to know whether there be any Indictment that agreeth with the writ 3. Lib. Ass pl. 3. Cur. 12. Finally it is noted in 8. H. 5. fo 5. that Haukeford the chiefe Iustice of the Kings Bench observed this order that hee which brought thither an Indictment taken before Iustices of the Peace should endorce his name upon the backside of it which I note not to teach them of the Kings Bench but to let the Iustices of peace see that there is some heed to be taken of him by whom they send up their Endictments Of the sundry sorts of Processe upon Endictments and of the Supersedeas for stay of them CHAP. 10. 1. THe Court being thus made privie and possessed of causes must of dutie proceed to the handling or hearing and tryall of them the which because it cannot indifferently doe unlesse it keepe one Eare for the offendor that he also may be heard in his owne discharge as others were heard to lay the charge upon him the manner is if he be absent to award processe against him to come in and to make his answer 2. But if he be present in Court and confesse the Indictment then needeth there no Processe at all Lamb. li. 4. pag. 519. for he shall be committed forthwith to prison untill that he hath made his Fyne or given sureties for it 1. H. 7. 3. Commonly an Indictment or Information being but an accusation or declaration against a man is of none other force Processe wherin it is named but only to put him to answere unto it And hereof all Processe hath the name because it proceedeth or goeth out upon former matter either originall or judiciall 4. The authority of making Processe Authority to make out processe upon indictments is given by expresse words in the Commission and in other cases where it is not namely given it is implyed of congruence or rather of necessity in the words heare and determine which cannot bee performed unlesse the party either doe come in gratis or be brought in by the power of Processe 5. This Processe ought alwayes to be in the name of the King Lamb. li. 4. pag. 420. thus Iacobus Dei gratia c. vicecomiti Dublin c. And therefore also seeing he is partie it must say non omittas propter aliquam libertatem quin c. Fitz. Prerog 21. 6. And the Teste thereof may bee under the names of some two Iustices so that it may be made sitting the Court in the Sessions Teste of the processe Brooke tit Peace 6. and 7. 7. But now whereas the Commission giveth to the present Iustices authority to make Processe upon Indictments New Cōmissions of peace doe not discontinue the old processe taken aswell before former Iustices as before themselves all that doing was wont to be discontinued in law by the comming out of a new Commission of the Peace untill that the statute 11. H. 6. ca. 6. did establish that no pleas suits or processe to be taken before Iustices of the peace should be discontinued by a new Commission of the peace to bee made but that they should stand in their strength and that the Iustices assigned in the same new Commission should have power to continue the same and to heare and determine all that which dependeth upon them And of the like effect there is a branch in the later end of the statute of 10. Carol. ca. 14. in Ireland 8. Furthermore whereas Sheriffes and their Bailiffes used to arrest men Endictments before Sheriffs and to proceed upon Indictments found in their Turnes or Law-dayes another statute made 1. Ed. 4. cap. 2. taketh that power out of their hands and delivereth it over to the Iustices of the peace appointing them to proceed upon them as if they had beene found before themselves Processe of utlary 9. Now seeing that this Processe of the Sessions is sent out to this end that either the party shall come in to answere and to bee justified by the Law or else that he shall for his contumacy bee deprived of the benefit of law for so much in effect doe the words of the Commission Quousque capiantur reddant se aut utlagentur import in them it followeth that in all cases of Indictments if the party be returned insufficient the processe of Outlawrie lieth against the offendour if he be not taken before or doe not otherwise offer and yeeld himselfe And then the power of these Iustices endeth with the Outlawrie for they can make no Capias utlagatum but must certifie the Outlawrie into the Kings Bench. 10. A good while after that Commissions of the peace were first awarded there was not given by them any power to make out any Processe of Outlawrie Lamb. li. 4. pag. 422. for by a Commission of the peace in 20. E. 3. Parl. 1. Patent in dorso wherein were words authorising the Commissioners to arrest all such as should be endicted before them but by and by this followeth there Et ad nomina eorum qui fugerint coram vobis justiciari noluerint certificandum in Cancellaria c. So that if they might not get them arrested they could goe no further but to certifie their names only 11. Now the meane to this Outlawrie is not all one in all cases The generall processe upon Endictments of Trespasse for upon Indictments of Trespasses against the P. or such other contempts the Processe is one and upon Indictments of Treason or felony it is another 12. Upon Indictments of Trespasse against the peace of Conspiracies and of Routs in presence of the Iustices or in Affray of the people if the offendors may not be found nor brought in by Attachment or distresse by reason of their insufficiencie the processe of Outlawrie is to be awarded by the statutes 18. Ed. 3. Stat. 1. Stat. 2. cap. 5. The like is against such as bee indicted upon the statute of Liveries 8. H. 7. cap. 4. 13. Upon the Indictment a Venire facias is to issue first and then if thereupon he be returned sufficient a Distringas and upon the same processe of Distringas infinite till he come in but if a Nihil habet c. be at the first returned against him then a Capias Alias and Pluries and after an Exigent as it
sometimes upon Traverse and sometimes upon Arraignement 4. But yet some things be common to them both for if the partie charged will demurre in law upon the Evidence the Iustices ought to record his demurrer so if he will plead in justification any matter of Record that is before other Iustices they ought to give him day to bring it in Marr. So also if the Iustices thinking an Endictment to be void have discharged the prisoner paying his Fees yet upon change of their opinion they may stay him againe at any time before Iudgement Fitzh Endict 27. 5. But if he plead a pardon before them in which certaine persons be excepted and the Kings Atturney is not present to joyne issue that he which pleadeth it is one of those that be excepted then they themselves may supply the office of the Atturney in that behalfe 8. E. 4. 7. The Kings advantage 6. Whereupon also I gather this generall learning that they ought not to suffer the King to be disadvantaged where it lyeth lawfully in their power to prevent it 7. And if an Endictment bee challenged for such cause as these Iust will not allow then may they seale a Bill of that exception for the party if he will write and require it according to the statute W. 2. ca. 30. as M. Marr. writeth 8. The Traverse tooke the name of the French de Traverses which is none other then de transverso in Latine signifying on the other side because as the Endictment on the one side chargeth the partie so he on the other side commeth in to discharge himselfe For whereas the arraignement proceedeth upon him that is unwillingly brought in by Processe the Traverse is for the most part freely tendred by the party himselfe 9. To Traverse Traverse an Indictment then is to take issue upon the chiefe matter thereof which is none other to say then to make contradiction or to deny the point of the Indictment As in a presentment against A. for a high way overflowne with water for default of scowring a ditch which he and they whose estate hee hath in certaine land there have used to scowre or clense A. may traverse either the matter viz. that there is no high-way there or that the ditch is sufficiently scowred or otherwise he may traverse the cause viz. that he hath not that land c. or that he and they whose estate c. have not used to scowre the ditch 5. H. 7. 3. 10. And this libertie of Traverse is commonly restrayned to an Endictment of Trespasses contempts Riots c. and other inferiour offences within the Commission or statutes authorising the Iustices of peace and is not usually extended to Treasons or felonies as you shall hereafter see 11. And there is no doubt but that as Iustices of the peace have power to award Processe the parties also have libertie to speake for themselves and having spoken the Iustices may heare and determine of their speech whether it touch them in Freehold or otherwise 12. For although it be holden 2. R. 3. 11. 19. H. 8. 11. Fitz. tit Ass 442. and in other bookes that a man shall not be received to traverse a presentment unlesse it doe charge him in his Freehold yet Hussey and Fairefax said in 5. H. 7. 4. that a presentment not concerning freehold which is found before Iustices of the peace may be traversed For if processe be awarded the partie may come in and offer his Traverse or otherwise the processe should bee in vaine 13. Hereunto agreeth Moubray 41. Ed. 3. 26. saying further that in a Leet such a presentment is not traversable because out of a Leet no processe can be awarded upon it And this peradventure is the reason of the booke 8. Ed. 4. 5. and of M. Marrow where they say that a presentment of bloodshed found in the Sheriffes Turne and sent as it ought to be to the Iustices of the peace cannot be traversed before them as whereupon they can neither make proces nor discharge the party by way of plea. 14. So that this seemeth to be a generall learning that wheresoever any processe ad respondendum goeth out by force of such an Indictment as is traversable there also the party may offer and ought to have his Traverse against it 15. But Marr. saith that if a man be of an Enquest that indicted him of Trespasse or such like so that upon the matter hee indicted himselfe this is so strong that hee shall never bee received to traverse it 16. It is not my meaning to pester this booke with Presidents But yet forasmuch as in the record of one Traverse there is at once discovered the Stile of the Sessions the Indictment the processe to answer the Traverse it selfe the verdict and Iudgement thereupon the processe of execution the yeelding of the parties and the assessement of their Fynes so that it alone may serve in stead of all I trust it shall not be troublesome to insert it and it is as followeth Alias scilicet ad sessionem pacis tentam apud Kilmainham in Comitatu praedict dic Martis proxime ante festum sancti Mathaei Apostoli Co. Dublin Stile of the Sessions Anno Regni Domini nostri Caroli Dei gratia Angliae Scotiae Franciae Hiberniae Rex fidei defensor c. decimo tertio coram R. B. S.M. alijs socijs suis Iusticiarijs dicti domini regis ad pacem in comitatu praedicto conservandam Nec non ad diversa felonias transgressiones alia malefacta in eodem Comitatu perpetrata audiend terminand assignatis per sacramentum xij Iuratorum extitit praesentatum quod I. L. de c. R.M. de c. T.L. de c. cum diversis alijs ignotis malefactoribus pacis dicti Domini regis perturbatoribus modo guerino arraiati uniti assemblati xx die Iulij in nocte ejusdem diei anno c. vi armis videlicet baculis gladijs clipeis pugionibus falcastris alijs armis tam invasivis quam defensivis apud C. c. clausum cujusdam W. Willet vocatum B. illicitè riotosè routosè fregerunt intraverunt octo palustra foeni ad valentiam c. adtunc ibidem existentia de bonis catallis dicti W. Willet adtunc ibidem injustè et illicitè ceperunt et asportaverunt contra pacem dicti Domini Regis c. contra formam statuti inde edit provis Processe to answer Per quod praeceptum fuit vicecomiti quod non omitteret c. quin venire faceret eos ad respondendum c. posteaque sci praed die Martis proxime antefestum S. Mathaei Apostoli anno 20. supradicto coram praefat Iustic venerunt praedicti I.L. R.M. T.L. in proprijs personis suis et habito auditu indictamenti praedicti seperatim dicunt quod ipsi non sunt inde culpabiles Traverse Et de
doe resume Clergy if so be that the Endictment doe not expressely mention the offence in the very words of the statute it selfe the offendour may escape by his Clergy for if the Endictment be that he robbed one in the high way and tooke ten shillings from his person without shewing that he made assault upon him or used violence unto him or if it be of Burglary and doe lacke the word Burglaritèr then as Master Stamford warily noteth the offence is not against the statute and consequently the benefit of Clergy is not taken away from the offendor Stamford 130. Collect. Dyer 183. 124. 63. The same Master Stamford about the same place of his book moveth a doubt in this matter of Clergy A scruple concerning Clergy when sundry of these statutes which take away Clergy in case where the offendor is convicted by the verdict of twelve men doe speake nothing at all of his attainder by utlary or by Parliament nor of his standing wilfully mute nor of his challenging above twenty peremptorily nor of his refusall to answere directly to the offence It is to be considered saith he whether in these cases also the Clergy shall he denyed unto him But since Master Stamfords time these doubts are cleared by the statutes of 11. Iacobi in Ireland cap. 3. where the Clergy is taken away in all these cases except utlagary upon an appeale conviction by battaile in appeale and attainder by Parliament which three cases are omitted in the said statute of 11. Iacobi I will now make an end of Tryall and in the next place proceed to Iudgement Of Iudgement and the severall sorts thereof CHAP. 16. 1. I Have formerly divided the offences which are to be enquired of in the generall Sessions of the peace into five heads or parts that is to say Treasons Felonies Misprisions Praemunires and finable offences And now I shall proceed to declare the severall Iudgements that are to be given upon each of those offences in order as they are beforementioned 2. There were at the common Law two kinds of Treason that is 10. H. 7. cap. â—1 in Ireland high Treason and pety Treason but those offences which at the common Law were pety Treason that is to say a servant of malice prepensed to kill his or her Master or Mistresse a Clerke of malice prepensed to kill his Ordinary and a wife of malice prepensed to kill her husband are now in Ireland by the statute of 10. H. 7. cap. 21. made high Treason as if the same had beene done to the Kings person 3. There be also two sorts of high Treason namely Treasons by the common Law and Treasons by severall statute Lawes 4. The Iudgement in high Treason Iudgement in Treason by the common Law is that the offender shall be taken from the barre and returned to the prison where he was before his irons there to be taken off and from thence to be drawne upon a hurdle to the place of execution and there to be hanged untill he be halfe dead then to be cut downe alive his intrails to be taken out of his body and his privy members to be cut of and burnt in the fire before his face his head to be cut from his body and his body to be devided into foure quarters to be disposed of at the Kings pleasure And this is to be understood in all such cases of high Treason as concerne the death or destruction of the King the Queene or the Prince or the disherison of the King of any of his kingdomes or government or the levying of warre or the deflouring of the Queene or the eldest daughter of the King or the wife of the Prince or the killing of the great officers of the King as the Chancellor Stamf. fol. 182. 32. 1. H. 7. fol. 24. 1. H. 6. fol. 5. Treasurer or Lord privy seale or of any Iudge being in the execution of his office or the Kings messenger or such like which trench to the overthrow or diminishing of the Kings power or governement but in such cases wherein the Treason doth but only exalt it selfe upon some speciall prerogative of the King to the deceit of the people as coyning of false and counterfeit money or such like there the Iudgement against the offendour is to be taken from the barre and returned to the prison from whence he came his irons there to be taken off and from thence to be drawne upon a hurdle to the place of execution and thereto be hanged untill he be dead but if the offendor be a woman the Iudgement against her in all cases of Treason is to be burned Stamf. fol. 182. â—2 1. H. 6. fol. 5. 6. Eliz. Dyer fol. 230. the new booke of Entries fol. 360. 5. Where offences which at the common Law were not Treason are by any statute Law enacted to be high Treason without any more saying in such cases the Iudgement against the offendors shall be to be drawne and hanged but where the stat saith that the offence shall be Treason as if it had beene done against the Kings person or if the words be that the offendors shall suffer such punishment as in cases of high Treason then the offendors shall have Iudgement to be hanged drawne and quarterd 6. Upon these differences it will follow that for breaking of prison by the stat de frangentibus prisonam made in Anno 1. Edw. 2. for counterfeiting the Coine of an other Realme which is currant in this Realme which is made Treason by the statute of 4. H. 7. cap. 18. for washing clipping or filing of money which is made Treason by the stat of 3. H. 5. cap. 6. for Comricke with by the stat of 18. H. 6. cap. 2. in Ireland and for Sessing of horse or foot upon the Kings subjects which by the said stat of 18. H. 6. are made Treason the Iudgement against the offendors in all those cases is only to be drawne and hanged 7. But for Treason in stirring up the Irish or English to make warre against the King or his Deputy or stirring up the Irish to make warre upon the English which by the stat of 10. H. 7. ca. 13. in Ireland is made Treason or for wilfull burning of houses or ricks of Corne which by the stat of 13. H. 8. cap. 1. in Ireland is made Treason and for wilfull murder which by the stat of 10. H. 7. cap. 21. in Ireland is likewise made Treason the Iudgement against such offendors is to be hanged drawne and quartered as in cases of high Treason against the Kings person 8. There be likewise two sorts of Felonies that is to say Felonies for which the offendor shall suffer death and felonies for which the offender shall not suffer death 9. For the felonies of death the Iudgement is alike in all cases Iudgement in Felony and aswell for women as men viz. to returne from the barre to the prison from whence
they came and there their irons to be taken off and from thence to be conveyed to the place of execution and there to be hanged untill they be dead 10. For petty Larceny which is the stealing of goods under the value of twelve pence privily and not by way of burglary or robbery the Iudgement is either by whipping or imprisonment so often or so long time as the Court in discretion shall thinke fit and if the offender be a woman and the felony exceed twelve pence and be under the value of 10. s. her Iudgement is to be burned in the hand 10. Car. cap. 16. in Ireland and to be further punished by imprisonment whipping stocking or sending to the house of correction in such sort and for so long time none exceeding the space of one whole yeare as the Court in discretion according to the quality of the offence shall thinke fit 11. Misprisions are of three sorts viz. of Treason of Felony and other great and exorbitant misdemeanors 12. For Misprision of Treason the Iudgement is that the offender shall forfeit to the Kings Majestie all his goods and chattels Iudgements in misprision and the profits of his land during his life Stamf. fol. 38. and to have perpetuall imprisonment 13. For Misprision of Felony the Iudgement is Fyne Ransome 2. R. 3. 9. and Imprisonment at the discretion of the Court. 14. Stamf. fo 38. 22. Ed. 3. fol. 13. Other particular Misprisions have their particular Iudgements as for offering to strike a Iudge sitting in Iudgement or a Iuror in presence of the Iustices the Iudgement is that the offender shall forfeite his lands goods and chattels his right hand to be cut off and to have perpetuall imprisonment 15. For one of base quality that shall strike a man of honour Stamf. fo 38. Britton fol. 4â— or a Knight the Iudgement in ancient time was the losse of his hand but this Iudgement is not used at this day but in stead thereof fyne and imprisonment and bonds of the good behaviour 16. For rescueing of a prisoner arrested by any of the Kings Iudges sitting in Iudgement Stamf. fo 38 22 Ed. 3. fo 13. the Iugement is that the offendor shall forfeit his lands goods and chattels and have perpetuall imprisonment 17. Iudgement in Praemunire 16. R. 2. ca. 5. The Iudgement against an offendor in a Praemunire is to be out of the Kings protection and to forfeite his lands goods and chattels and to be imprisoned during the Kings pleasure 18. Finable offences are of severall sorts viz. some are offences of force and violence some of fraud and deceit some of omission and diverse others of severall sorts some by the common Law and others by statute Lawes the particulars whereof and the severall and particular Iudgements that are to be given upon each of them are before in the Articles of the Charge ca. 4. and likewise in a briefe Roll added after the end of this booke particularly declared and set forth and therefore it were needlesse to rehearse them here againe but rather to referre the reader to that Chapter and to the Roll. Of the processe for the Fyne of the King and of the assessing and estreating thereof for the King CHAP. 17. 1. SEeing that execution is but a performance of the Iudgement I shall not need to make long enumeration of the sorts of executions which are within the power of the Iustices of peace For besides that by the knowledge of the one the other is knowne also the Iustices of the peace themselves have in many cases performed their duty in both when they have in the one pronounced that which is due to the offendor Execution for the King 2. Howbeit for asmuch as that which they are to doe by way of execution offereth profit either to the King or to his subjects and that which pertaineth to the King is effected in this manner viz. either by imprisonment of the offendor for the fyne or else by estreating the penalty and forfeiture thereof into the Exchequer from whence processe is to issue for levying the same I will first bestow a few words upon the fyne and estreats for the King and then speake of the benefit that belongeth to the subject 3. Where the Conviction is for Trespasses against the peace Riots and such other contempts and offences against the common Law or against some statutes for the which no certaine Fyne is appointed there the Iudgement is that the party shall be taken to satisfie the King for his fyne And thereupon a Capias pro fine is to issue and if the party cannot be found other Iudiciall processe goeth out till he be utlawed 4. But if the party be brought in then is he a prisoner and then are the Iustices of peace by their discretion to assesse the Fyne and to commit him to prison for the same and thereof to make an estreate and send it into the Exchequer that the Sheriffe may be charged therewith upon his accompt 5. For in no case can they of themselves levy any Fyne or forfeiture due to the King insomuch as not they but the Sheriffe is accountant for all such matters 6. The imprisonment Imprisonment that I speake of is only to the end that the King may have the Fyne and therefore upon the payment thereof the offendor ought to be delivered Mar. Br. Imprisonment 100. 7. Hereof also the Fyne tooke first his name of the Latine word finis because it maketh an end with the King for the imprisonment laid upon the offendor for the offence committed against his Law 8. And in that respect chiefely doth it differ from an amerciament Difference between Fine and Amerciament For when the offendor hath not so deepely trespassed that thereby it deserveth any bodily punishment at all as if he be non suit in an action or doe commit any such like fault he is said to fall into the Kings mercy because he is therein mercifully to be dealt with 9. And by magna carta chap. 14. that amerciament and summe of money which he is to pay for the same ought to be assessed and affeered by the good and lawfull men of the neighbourhood which also Glanvill lib. 9. ca. 11. affirmeth to have beene the Law of the land long before that time saying Misericordia Domini Regis est quia quis per juramentum legalium hominum de vicineto eatenus amerciandus est ne aliquid de suo honorabili contenemento amittat 10. But where the offence or contempt falleth out to be so great that it asketh the imprisonment of the body it selfe and that during the Kings will and pleasure then is the party to redeeme his liberty with some portion of money as he can best agree with the King or his Iustices for the same which composition is properly called his fyne or his ransome and in Latine Redemptio as may be plainely seene by the statute of
kingdome out of another kingdome knowing the same to be false and counterfeit  9. Killing the Chancellour Treasurer or any Iustice of the one Bench or the other or any Iustice in Eyre or of Assise or any other Iustice of Oyer and Terminer being in his place and doing his office   10. Going into rebellion or standing upon their keeping and being so upon their keeping robbing burning or spoiling any of the Kings subjects 11. Wilfull burning of houses or Rickes of Corne in the fields or villages 12. Taking the name of O Neale or any thing by colour of that name or dignitie 13. Murder of malice prepensed 14. Putting or receiving into Comricke The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 15. Sessing of horsemen or footmen by Lords or others upon the Kings subjects without authoritie 16. Causing of assemblies insurrections or conspiracies or in any wise procuring or stirring the Irish or English to make warre against the Kings Lievetenant Deputy or Iustice or in any manner procuring or stirring up the Irish to make warre upon the English 17. Extolling of forraigne power or Iurisdiction in this kingdome after two convictions  18. Procuring or consenting to the committing of any high Treason or relieving of any Traitor after the Treason committed knowing the same 19. Rescuing of Traitours which are arrested for suspition of Treason  The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to bee drawen and hanged and for a woman to be burned and for all the rest for a man to be hanged drawne and quartered and for a woman to be burned vide Coke libro Intrationum fo 360. 6. El. Dy. fo 230. p. 55. 1. H. 6. fo 6. Stamford fo 32. f. 20. Voluntarie escapes of Traitours which are committed for suspition of Treason 21. Breach of prison by any that is committed or arrested for Treason 22. Breach of prison by any others whereby any that is committed for Treason doth escape this is Treason aswell in the prisoner that escapeth as in him that brake the prison Secondly of Felonies which bee of two sorts that is 1. Felonies of death 2. Felonies not of death  First Felonies of death viz. 1. Manslaughter 2. Rape 3. Taking away any woman that hath any goods or lands or that is heire apparant to her father by force with an intent to marry her 4. Cutting out the tongue or putting out the Eyes of any malitiously The Iudgement for all these Felonies of death is to bee hanged 5. Burglarie which is the breaking of any dwelling house Church or gates of a Citty by night with intent to steale kill or to commit any other felony in the house Church or Citty 6. The breaking of any dwelling house in the day time and stealing any thing out of it that exceedeth the value of 12.d   7. The robbing of a stall in a Faire or Market and stealing any thing out of it that exceeds the value of 12.d 8. Robbery which is the taking of any thing feloniously in or neare the high way from the person of any whereby hee is put in feare 9. Cutpursses which feloniously take any thing above the value of 12.d privily from the person of any 10. Stealing of any goods or Cattell in the fields or elsewhere above the value of 12.d 11. Rescuing of felons which are arrested for suspition of felony The Iudgement for all these Felonies of death is to bee hanged 12. Breaking of prison by such as are committed for felony 13. Voluntary escapes suffred by Gaolers Constables and such other persons as suffer any that is in their custody for suspition of felony to escape  14. Forging of false deeds by any after he hath been once convicted of forgerie 15. Taking distresses for debt breach of promise covenant or such like where no distresse lyeth by the law 16. Taking of meat drinke against the will of the owner 17. Taking of Cuddyes and Coyney 18. The servant running away with his masters goods which were delivered unto him 19. Conjuration or Invocation of evill spirits to any intent whatsoever   20. Witchcraft and sorcerie whereby any is killed or wherby any shall be hurt in body or goods the second time 21. Marrying of a second wife or husband the former being alive 22. Buggarie with man or beast 23. Purveyors that take up mens goods without warrant or contrary to the statutes concerning Purveyors 24. Acknowledging a Iudgement Recognisance statute Fine Recovery or baile in the name of another without his privitie The Iudgement for all these Felonies of death is to bee hanged 25. Stealing or taking up any reclaimed Hawke concealing it and not bringing it to the Sheriffe to be proclaimed 26. Multiplying of gold or silver  27. Hunting by night in any Parke or Warren with vizards or painted faces and not confessing the same upon examination before a Iustice of peace 28. Souldiers departing from their Captaine without licence after they have received pay 29. Masons assembling to breake the effect of the statutes of Labourers 30. Bringing into this kingdome any summons processe or excommunication against any person for executing the statute of provisions 31. Gaolers causing their prisoners by duresse to become approvers  that is to appeale others falsely  The Iudgement for all these Felonies of death is to bee hanged 32. The procuring of felonies or relieving of felons by receiving the stolne goods or otherwise knowing of the felony Secondly Felonies not of death viz.  1. Manslaughter in ones own defence 1 The punishment of these two felonies of Manslaughter in ones owne defence and manslaughter by misfortune is only the forfeiture of goods and chattels and the offendour is to sue forth his pardon of course 2. Manslaughter by misfortune 2. 3. Pettie Larceny under the value of 12.d in a man and under 10 s in a woman 3. The punishment of pettie Larceny is forfeiture of goods and chattels and whipping or imprisonment at the discretion of the Iudge if it be under 12.d for women if it exceed 12.d and be under 10 s to be burnt in the hand whipped and imprisoned at the discretion of the Iustices so as it exceed not a yeare Thirdly of Misprisions which are of three sorts that is 1. Of Treason 2. Of Felony 3. Other Misprisions   First of Treason viz. 1. The punishment of these Misprisions of Treason is forfeiture of goods chattels and the profits of lands during the life of the offendor and perpetuall imprisonment 1. Concealement of Treason after knowledge of the