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A55555 A treatise of the antiquity, authority, vses and jurisdiction of the ancient Courts of Leet, or view of franck-pledge and of subordination of government derived from the institution of Moses, the first legislator and the first imitation of him in this island of Great Britaine, by King Alfred and continued ever since : together with additions and alterations of the moderne lawes and statutes inquirable at those courts, untill this present yeare, 1641 : with a large explication of the old oath of allegeance annexed. Powell, Robert, fl. 1636-1652. 1641 (1641) Wing P3066; ESTC R40659 102,251 241

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8. pence of Coppihold in the same Countie and this by the Statute of 1 R. 3 cap. 4. Stamf. plit Coron li. 2 cap. 24 fo 85 86 87. 2. The second sort are matters here inquirable presentable and punishable For the first it may seeme unnecessary to enquire at the law day of those things which the Court hath not power to correct and punish and which the authoritie of Instices of peace doe daily meet with But there are two reasons to cleare the doubt and approve the inquiry of them 1. The benefit of Escheats of lands and forfeiture of goods and Chattells for upon conviction of any offender in cases of Felonies their lands doe escheat unto the King if they bee holden of him or to the Lord of whom they are holden Saving to the King the waste thereof for a yeare and a day and therefore it is to be inquired what lands tenements and goods the offender hath for they accrew to the King if the Lord hath not a grant of Cattalla felonum by Charter from the King 9 H. 7 fo 23 29. 2. Instice Flemming The second reason Id. from the mouth of a Reverend Iudge who in a speech of his concerning the necessitie of Leets and law-dayes said that a Leet was Schola insigniendi juvenes a Schoole to direct and instruct young men to know the ancient lawes of the Kingdome and to prepare them for greater imployments at greater meetings as the Assises Gaole deliverie and Sessions of the peace The first sort of offences which concerne power of inquirie but not of punition are Treasons Premunire Pettie-treasons and Felonies HIgh Treasons which Glanvill lib. 1 cap. 2 cals Crimen laesae Majest ut de nece vel sedic personae Domini Regis velregni vel exercitus Britton ca. 29 title Tournes de Viscounts giveth directions for inquiring at the Sheriffes Tourne of the mortall enemies of the King or the Queene or their children or of their consenters And long after that by the Statute of 25. Ed. 3 cap. 2 a declaration was made what offences should be adjudged High or Pettie treason If any person doe imagine or compasse the death of our Lord the King or of the Queene or of their eldest sonne and heire It is High treason Crimen laesae Majest by the ancient common law For Princeps censetur una persona cum ipso Rege Or if a man doe violate the Kings companion or the Kings eldest daughter unmarried or the wife of the Kings eldest sonne and heire Or if a man doe levie warre against the King in his Realme or be adherent to the Kings enemies in his Realme giving them aide or comfort there or elsewhere Other Treasons which doe not touch the person of the King so neere IF any counterfeit the great seale privie seale or the money of this Realme Or if any bring false money into this Realme counterfeit to the mony of England knowing it to be false to marchandize or make payment in deceipt of the King and his people If any doe falsly forge or counterfeit any coine of gold or Silver which is not the proper coine of this Realme and is or shall be currant within this Realme If any doe forge or counterfeit the sign mannuall privie signet or privie seale If a man slay the Chancellor Treasurer or the Kings Iustices of the one bench or the other Iustices in Eyre or Iustices of Assise or any other Iustices being in their places doing their offices All those before cited and all ayders procurers and abbetters shall be deemed and adjudged Traitors and shall incur●e all paines and for feitures as in cases of High treason is used and ordeyned 1 Mar. ca. 6. If any for wicked lucre or gaine doe clip wash round or file any monie which is or shall be the coine of this Realme or the monie thereof or the coines or monie of another Realme which is or shall be allowed to be currant within this Realme or the Dominions thereof it is high treason 5 Eliz. 11. The forfeiture by the Statute is of goods but of lands only during life and no corruption of blood nor forfeiture of dower It was first declared high Treason 3 H. 5 afterwards abrogated 1 Mar. 1 and revived by this Statute of 5 Eliz. 11. Premünire and Treason FOr the preservation of the dignitie of the imperiall Crowne of England 5 Eliz. c. 1 it was enacted 5 Eliz. ca. 1. That if any person of any estate dignitie or degree soever should by writing ciphring printing or preaching deed or act advisedly and wittingly extoll or set forth the authoritie of the Bishop of Rome used or usurped within this Realme or any the Dominions thereof every such person their abbetters procurers and counsellers being lawfully indicted or presented within one yeare after such offence committed and being lawfully convicted or attainted shall incurre the penaltie of Premunire provided by the Statute of Provision made Anno 16 Rich. 2. And if any person or persons their abbetters or procurers after such conviction and attainder doe eftsoons commit the same offences and be thereof duly convicted and attainted shall incur the paines and forfeitures of high Treason In like danger are they who refuse to take the oath of supremacie prescribed 1 Eliz. 1 which for the first offence is Premunire And if any the persons appointed by this Act to take the said oath doe after the space of three moneths next after the first tender thereof the second time refuse or doe not take and pronounce it shall also be adjudged in the case of high Treason and this Statute requires a publication hereof at the Leete But this Act shall not extend to make any corruption of blood disinherison of any heire forfeiture of any dower nor the prejudice of any right or title of any persons other than the right or title of the offender during his her or their life only Nota the penaltie in a Premunire is described 22 Edward 3.1 and 16 Richard 2.5 to bee ou● of the Kings protection to forfeit lands goods and chattels and their bodies to bee taken imprisoned and ransomed at the Kings pleasure But by this Statute of 5 Eliz. 1 It is not lawful to kill any attainted in Premunire Pettie Treason IF any servant kill his or her Master or Mistresse or a man secular or religious killeth his Prelate or Ordinarie to whom he oweth faith and obedience it is pettie treason in them and the abbetters 25 Edward 3 2. If a woman killeth her husband in regard of the subjection and obedience which she oweth to him it is petty treason 19 Henry 6 fol. 47. If a servant after he bee out of service killeth his Master so as it be done out of a prepensed malice whilest he was in service It is pettie treason though not express●ly within the letter of the Statute of 25 Ed. 3. It is pettie treason in a sonne who killeth his mother and he shall be drawne
precincts of his houses gardens or orchards at cards dice tables bowls or tennis and shall not incurre the penaltie of this Statute The forfeiture happening within the precinct of any franchise or Leet the one moyetie shall be to the Lord the other to the p●●ty that will sue for the same by any action c. and out of the libertie of a Leet the 〈◊〉 moietie to be to the King c. Handguns and Crosbowes FOr that diverse malicious and ill disposed persons did shamefully commit diverse detestable murthers robberies felonies 33 〈◊〉 riots and routs with crossebowes little short handgu●s and hagbuts to the great feare and danger of his Majesties Subjects And the laudable exercise of the long bow was lately laid a part which had be●ne the safe guard and def●nce of the Realme and an inestimable dread and terrour to the enemies of the same It was ordained That no person unlesse ●●e could dispend in lands or other profits an hundred pound per annum should shoot in any crossbow handgan hagbut or demibanke or keepe any in then houses or elsewhere upon paint for every time 10. pound Nota S Iohns Case Co. l. 5. so 71. It was adjudged that a dagge and pistoll were comprehended under the word handgunne though not expresly memioned and that stonebowes were prohibited swell as cross-bowes No person shall shoot in carry use or have in his house or elsewhere any handgun other than such as shall be in the stocke and gunne the length of one yard nor any hagbut demihauke other than such as shall be in stocke and gunne three quarters of a yard upon pain of ten pound Every person having lands fees annuities or offices of the yearly value of an hundred pound may seize and take every such Crossebow and keepe it to his owne use and also seize every such handguns c. being shorter than before is appointed and to breake and destroy the same within 20 dayes after such seisure upon paine of forty shillings for every gunne so seized and not broken No person vnlesse he have an hundred pound per annum as aforesaid shall carry or have in his journey in the King his high way any cross-bow bent or gun charged except it be in time and service of war upon paine of ten pound None shall shoot in any handgun c. at any thing at large in any citie borough or market towne or within a quarter of a mile of any of them unlesse at a butt or bank of earth in place convenient or for defence of his person or house upon pain of ten pound for every shoot If any master command his servant to shoot in any crossebow handgun c. at any deere fowle or other thing except it be at a banke or butt of earth or in the time of war he shall forfeit 10. pound But some persons for exercise and some places for defence and other purposes are dispensed with by the Statute for useing and keeping of handguns c. Stewards and Bay liffes of Leets have power to enquire heare and determine all the offences so that no lesse than ten pound fine be assessed upon every presentment and conviction The one moietie of every fine to be paid and levied to the use of the King and the one halfe of the other moietie to the Lord of the Leet and the other half to the partie that will sue for it by action c. A second Iury to enquire of the concealements of the first and if any concealements bee presented every of the first Iury to forfeit twenty shillings one moietie to the Lord by distresse or action of debt the other to the partie that will sue c. Other Lawes here inquirable which concerne the preservation of Frye of Fish and of certaine Fowle and beasts of Warren as Phesant Partridge Hare and Conies and some beasts of chase c. Deere Fry of Fish THe preamble of this Statute sets forth the destruction of spawne ● Eliz 18. Made perpetuall 3 Car. Reg. c. 4. except the proviso for the River of Tweed c. fry and young breed of fish in rivers and streams salt and fresh insomuch as in divers places swine and dogs were fed therewith to the hinderance and decay of the common wealth It was therefore enacted that none should take and destroy any young brood or fly of fish in any waters brookes streames or rivers salt or fresh with any manner of net or any wayes or meanes whatsoever nor take or kill any Salmons or Trowts out of season being kepper or shedder Salmons or Trowts None shall take in any rivers or places aforesaid any Pickorell not being in length 10 inches fish or more Salmon 16. inches fish and more Trowte 12. inches or more Baitell 12. inches or more None shall take any fish with any manner of net trannell or any other engin or device angling excepted but only with net or tran●ell whereof every mesh shall be two inches and half in breadth But where smelts loches mynnetts bulhead gudgions and eles have used to bee taken it shall be lawfull to use any such nets and meanes as had beene thentofore used for that purpose so as no other fish be taken killed or destroyed therewith The forfeiture for every time is 20. shillings the fish taken and the nets trannels c to be to the use of the Lord of the Leet for ever and to be levied as amerciaments for affraies in Leets have used to be Steward of Leets to give these offences in charge or else to forfeit 40. shillings and he may impannell a second Iurie to enquire of the concealments of the first Iury and it any concealements bee found every of the first Iury shall forfeit to the Lord of the Leet 20 shillings to be levied as before This Statute is perpetuated 3. Car. 4. except the proviso for the River of Tweed c. Phesants and Partridges THis Statute was made to prevent the destruction of the game of Phesants and Partridges 3 Eliz. 10.2 by taking of them by day and night with nets and other engins As also the spoile of corne and grasse by untimely hawking in the beginning of harvest None therefore shall take kill or destroy any Phesants or Partridges with any nets engins or other devices whatsoever in the night time upon pain of forfeiture for every Phesant twenty shillings every Partridge ten shillings to be paid within twenty dayes after conviction Or upon nonpayment to have one moneths imprisonment and to be bound by some Iustice of peace for two yeares never to destroy any such game contrary to this Act. The moietie of the penaltie to be to the Lord of the libertie and the other halfe to him that will sue c. and if the Lord shall dispence with licence or procure any such taking or killing c. then such penalties to bee to the poore of the parish to be levied and recovered by the Churchwardens or any of