Abjuration.

1 JUstice of Peace cannot arraigne a man upon his abjuration for felonie Lam. 519. Lam. 551.

2 Abjuration of a seditious se­ctarie made in open quarter Sessi­ons must be certified to the Judge of Assize at the next Assize. 35. El. cap. 1. Lamb. 555. Lamb. 590, 615.

Vide plus Recusant. 110. 6.

Absolve, vide Treason. 15. 6.

Accessarie and Principall.

Acquittall, vide Enditements.

Additions.

In every indictment or presentment where out­lawry lyeth, the estate of degree or mysterie, the town, hamlet, or place where the indicted dwel­leth, are to be added. 1. H. 5. cap. 5. Lam. 488.

Affray and Affrayes.

An affray may be without word or blow, as to be armed with armour or weapon not usually born. Lamb. 118. Dal. 28. Lamb. 126.

Constable or other officer may lay no hands on any intending to make an affray, till weapon drawn or offer of blow. Lamb. 124. Dal. 29. Lamb. 132.

Vide plus Constable.

Affrayer may be commanded by the Constable or other officer, to avoid upon pain of imprisonment: and if the affray be great, they may make procla­mation, and command the parties to prison for a small time; whom he must deliver without fine. Lamb. 124. Dal. 28. Lamb. 132.

Every private man present at an affray, assault, or battery, may part them, stay them that come to the affray with weapon, stay the affrayers till the heat be over, and then deliver them to the Con­stable; but may not commit them, unlesse one of the affrayers be in perill of death; and if he flie into a house upon hue and crye, break and open the house and take him. Dal. 28. Lamb. 130, 131. Cro. 146. a.

Agnus Dei, Crosses, Beads, Pictures, &c.

If any person to whom any of these, or any other superstitious things from the See of Rome or autho­ritie thereof be offered, do disclose the name, dwelling, or place of resort of such officer or deli­verer, [Page 7] to any Iustice of Peace of the same shire, the same Iustice must within fourteen dayes next after declare the same to some one of the Privie Councell on pain of Premunire. 13. El. cap. 2. Dal. 80. Vide plus Treason, Misprision, and Premunire.

Alehouses.

Two Iustices, one being of the Quorum, may license one to keep a common Alehouse, taking bond with good suretie for good rule to be kept in his house. 5. Ed. 6. cap. 25.

Twelye pence is given to the two Iustices of Peace, for taking a recognizance of hun that is al­lowed to keep a common Alehouse. 5. Ed. 6. cap. 25. Lamb. 356, 370. Condition of a recognizance for an Alehouse. Lamb. 344, 354.

He that keepeth an Alehouse of his own autho­ritie, without license of two Iustices, one being of the Quorum, or after prohibition of two such Iu­stices, may by two such Iustices be committed to prison for 3 dayes without bayl, and till he be bound with two sureties to keep none after-Dal. 26. Lamb. 340. Vide stat. 3. Car. 3.

Information of the offence and recognizance taken by two Iustices, one being of the Quorum, of an Alehouse kept against the statute of 5. Ed. 6. cap. 15. is a sufficient conviction without further tryall at the Sessions: and they may assesse the fine of 20 shill. without making processe against the offender. Lamb. 539, 552. Lamb. 572.

Information made in Sessions, that an Alehouse­keeper hath done an act, whereby he hath for­feited his recognizance, they may award processe against him, to shew why he should not forfeit his [Page 8] recognizance. Quaere what processe, Lam. 495, 499, 524, 529.

Enquire whether Alehouse-keepers having for­feited their recognizance, ought to be at the Q. Sessions. 5. Ed. 6. 25.

Fines imposed by the stat. of. 5. Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Ju­stices of Peace. 5. Ed. 6. 25. Lamb. 545, 578.

Justices of Peace must certifie the recognizance taken for Alehouses at the next Q. Sessions after they are taken, or lose 5 marks. 5. Ed. 6. cap. 25.

Any directly or indirectly selling Ale or Beer unto any Alehouse-keeper not licensed, more then for his necessarie provision for his houshold, shall lose after the rate of 6 shill. 8 pence for every barrell for the levy and disposall of the penaltie. See Victuals. 4. Jac. 4.

Alehouse-keeper or Inne-keeper suffering any tipling contrarie to the 2. Jac. cap. 9. 21. Jac. 7. for­feiteth 10 shill. and every such tipler 3 shill. 4. pen. for non abilitie of payment the Alehouse-keepers, &c. to be committed to the Goale till the penaltie be payed, 2. Jac. the tipler to the stocks for 4 houres, 4. Jac. Dal. 24, 25. 1. Car. 4.

Justice of Peace hath power in those cases to mi­nister an oath to witnesses. 1. Jac. 9. 21. Jac. 7.

The Constables and Churchwardens neglecting to levie, or to certifie the cause thereof by 20 dayes to the Justice that granted the distresse, do forfeit 40 shill. in default thereof to be sent to the Goale. 1. Jac. 9. Dalt. 25. Crom. 78. 2. Alehouse-keepers and Inne-keepers ought to lodge travellers, Dal. 25.

1. Alehouse-keepers are disabled to keep Ale­house 3 yeares if they suffer tipling.

2. If they sell not a quart of the best, and 2 quarts of small beer or ale for a peny.

3. If they be convicted by Indictment at the As­sizes, Sessions, or Leet, for being drunk, 4. Jac. 10. or before one Justice upon oath of one witnesse, 21. Jac. 7. continue drinking in another Alehouse, 7 Jac. 10. 4. Jac. Dal. 27. Vide plus Victuallers Confession.

If any unlicensed Alehouse-keepers be convicted by the view of any Justice of the Peace, confession of the offender, or oath of two witnesses, he loseth 20 shill. to the use of the poore of the parish to be levied by way of distresse by warrant from the Ju­stice of Peace convicting, and within 3 dayes to be sold, 3. Car. 3.

Where there is no sufficient distresse or non pay­ment, within six dayes after conviction, the offend­er is to be openly whipped as the Justice of Peace shall limit, 3. Car. 3.

The Officer refusing or neglecting to execute the Justice his precept, is to be committed to the Goale untill he do or procure the offender to be whipped or pay 40 shill. to the use of the poore of the said parish, 3. Car. 3.

The second offence is commitment to the house of Correction for a moneth, ibid.

The third offence is to remain in the house of Correction till he be delivered at the generall Ses­sions, ibid.

He that is punished by the act 3. Car. 3. not to be punished by the statute, 5. Ed. 6. 25.

Alias dictus, vide Enditement.

Alien and his triall, vide Triall.

Alleagiance, vide Supremacie.

Amerciaments.

The owner of a beast, knowing it to be harm­full and not restraining it, whereby it killeth one, is to be arraigned for his death and amerced for the King. Lamb. 239. Dal. 210. Cro. 24. 6.

Offenders in gathering more amerciaments then are in their lawfull estreats, to be convicted by two Justices, one to be of the Quorum, appointed by the Custos Rotulorum, or in his absence by the eldest of the Quorum for the oversight of the She­riffes. 11. Hen. 7. cap. 15.

Estreats of amerciaments must be by Indenture between the two Justices (appointed for oversight of Sheriffes books) and the Sheriffe or Under-She­riffe under their seals, or else the Sheriffe to lose 40 shill. 11. Hen. 7. cap. 15.

No amerciament for default of appearance when the Sessions are not summoned by precept. Lam. 381. or when the summons is at one place, and kept at another.

Or when the Sessions were the same time at two places, and the partie appeared at one of them. 384.

One Justice of Peace cannot amerce his fellow for absence from the Sessions; but a Justice of As­size may amerce a Justice of Peace for his absence from the Goale-deliverie. Lam. 385.

Clerk of the Peace, Coronours, Sheriffes, Bay­liffes of Franchises, Constables of Hundreds, may be amerced for default of appearance at Sessions. Lam. 395.

Amerciaments of Jurours for concealment, vide Jurours. Lam. 400, 401.

Appearance.

Recognizance taken for the Peace against all the Kings people, and to appeare at the next Sessi­ons by Supersedeas out of the Chancerie, testifying suretie found there against all the Kings people for ever, will discharge the appearance of the next Quarter Sessions. Otherwise it is, if it be but un­till a day certain. Lam. 106, 107. Dal. 140, 141.

Who shall be amerced for default of appearance and who not, vide

Amerciaments, vide Release.

Apparell, stat. repealed.

Appeachment, vide Approvers.

Appeal.

Iustice of Peace can take no appeal of any fe­lonie.

Appeal of robberie, vide Attainder.

Apprentices.

One thought fit to be bound as an Apprentice upon complaint made, and refusing to be bound, shall be committed till he will be bound. 5. Elis. 4. Dal. 59.

Upon complaint of an apprentice one Justice may take order betwixt his master and him, and for want of conformitie in the master, may binde him to appeare at the Quarter Sessions. Dal. 59. and to be discharged by foure Justices. If default be in the apprentice, it seemeth one Justice may send him to the house of correction. Dal. 60.

Assent of two Justices is sufficient to the Church­wardens or overseers, or the most of them, to binde as apprentices the sonnes of poore parents till 24 yeares of age, or their daughters till 21 yeares of age. 39 Elis. 3. Lam. 327. 43 Elis. 2. Dal. 63. Lam. 331.

Disposition of money given for putting forth apprentices, and the nomination and placing of them must be by corporation, and in towns not corporate by the Parson or Vicar, Constable, Churchwarden and Overseers for the time being, or most part of them, the same to be according to the will of the giver: And any of the disposers for­bearing and refusing to dispose of the money, where­by it is not disposed, shall lose 3 pounds 6 shillings 8 pence, one moytie to the poore of the parish, the other to the informer. 7. Jac. 3.

Disposers of such money given for apprentices, are to take bond with two sureties of such master or masters, for such money as they shall so receive, for the repaiment thereof at the end of seven yeares, or 3 moneths after. 7. Jac. 3. Or if the apprentice die within 7 yeares, then to repay the money with­in one yeare after such master or masters death. 7. Jac. 3.

The master or masters dying within 7 yeares, the disposers are with the said money to put out the said apprentice to some of the said trade, to serve out the residue of his 7 yeares. 7. Jac. 8.

Money given for putting forth apprentices is to be disposed within three moneths after receipt. Ibid.

None above 15 yeares old are to be placed by the disposers, and those to be of the poorer sort; and for want of such they may choose others of the parish next adjoyning. Ibid.

Disposers of money for apprentices are to ac­compt before two Justices next adjoyning yearely in Easter week, or within [...] moneth after: and with­in 20 dayes after such accompt made, must deliver all such money and bonds remaining in their hands. Ibid.

Breakers of trust for disposing money given for apprentices, are to be examined and redressed by Commission out of Chancerie returnable within three moneths, and the partie grieved by an act of the Commissioners is to be relieved upon his Bill in Chancery. 7. Jac. 3.

Certificate to the head-officer of citie or borough, that the parents of an apprentice to a merchant, mercer, draper, goldsmith, ironmonger, embroy­derer, or clothier, may dispend 40 shill. freehold, must be under the hands and seals of three Justices where the land lieth. 5. Elis. cap. 4.

Apprentice is to be discharged by foure Justices in open Sessions. Dal. 60.

The discharge of an apprentice is to be inrolled by the clerk of the Peace. 5. Elis. 4. Vide plus La­bourers.

A master putteth his apprentice into apparell, he cannot take it away though he part with his ap­prentice. Dal. 93. edit. 1626.

Approvers or Appeachers.

Goaler, keeper, or under-keeper by pain com­pelleth his prisoner to become an appeacher of others, it is felonie. 14. E. 3. cap. 10.

Justice of Peace can take no appeal of an ap­prover. Dal. 276. Lam. 550.

One felon accuseth another before the Justice of Peace; they may take his confession and reprieve him, and so proceed against the other. Lam. 551.

Archerie.

The statute of Bowes is not repealed.

Armour.

Any (except the kings officers and their compa­nie doing their service) riding or going armed, or bringing forth in affray of the people, are to be im­prisoned and lose their armour. 2. Elis. 3. cap. 3. Dal. 30. Cro. 76. a.

Justices of the Peace not looking to the executi­on of the statute of fearing the countrey with go­ing or riding armed, upon inquirie by the Iudges of Assize are to be by them punished. 2. E. 3. cap. 3.

The counterpart of the indenture of armour to be kept by the clerk of the Peace. 4 & 5 Ph. & M.

The statute 4 & 5 Phil. & Mary concerning keeping of horses and armour, with the penalties thereof, are repealed. 1. Jac. 25.

Armour and munition of a Recusant convicted, being in his own possession, or at his dispose, other then such as shall be thought meet for the defence of his person and house, by warrant of foure Iustices at the Quarter Sessions are to be seised and kept at such place as the foure Iustices at the Sessions shall appoint, at the cost of the owners; and they con­cealing or disturbing the deliverie of it, lose the armour and munition, and by warrant from any Iustice of Peace, to be imprisoned three moneths without bail. 3. Jac. 5. Recusant having his ar­mour seised, is to be charged with such armour and horse, as he and others of his Majesties sub­jects shall be commanded to serve with at musters. 3. Jac. 5.

Any Iustice of Peace may arrest any (except the Kings officers, and such as do him service) that go armed, and binde them to the peace, o [...] good beha­viour. Dal. 30. Crom. 76. a. Lam. of Const. 13.

A Iustice of peace may cause weapons to be taken from prisoners brought before him. Dal. 30.

No servant in husbandry, artificer, victualler, or labourer, shall wear sword or dagger. 15. H. 2. Dal. 30. Cro. 76.

Arrests.

An arrest is a certain restraint of a mans person, depriving it of its own will and liberty, and binding it to become obedient to the will of the law. Dal. 294. Lamb. 87. Lamb. 93.

All lay persons under the degree of a Baron or Peer of the realm, are subject to an arrest. Lamb. 88. Lamb. 93. Dal. 131, 294.

Ecclesiasticall persons not attendant upon divine service, may be arrested for the peace. Lamb. ibid. Lamb. ibid.

Constable, or Iustice of peace coming to arrest an affrayer, if he flie into another house, they may in fresh suit break open the doore and take him so, if he flie into another County. Lamb. 134.

All that come to the Sessions for publick ser­vice or upon compulsion, upon complaint and exa­mination of the matter by oath, shall be freed from any arrest upon originall processe. Lam. 402.

Bayliffe taking above 4 pence for any arrest, shall forfeit 40 shill. 23. H. 6. cap. 10.

Arrest of Riotters, vide Riot.

Arrest, vide Sheriffe, vide Prison.

The officer ought to require the party to come and finde surety of the peace, before he arrest him, by the opinion of 5. Ed. 4. 15. Lamb. 85. Lamb. 90.

If one required by the officer upon warrant to finde surety of the peace, refuse, the officer by ver­tue of his warrant may convey him to prison. Lamb. 86, 88. Lamb. 92. Dal. 138.

All are subject to arrest under the degree of Ba­rons or Peeres of the realm. Dal. 294. Lamb. 93.

A Constable taking an affrayer may not imprison him in his house, but in the stocks. Lamb. 133.

Arraignement.

Arraignement is commonly a compulsory co­ming of one indicted of a matter touching life or such haynous offence, and a pleading not guilty. Lamb. 546, 517.

One coming in freely, and indicted of an inferi­our offence, may be arraigned. Lamb. 547.

One arraigned of felony, if his case will serve, may plead a justification or matter in law. Lamb. 547.

Artificers, vide Labourers.

Assault.

Assault cannot be made without the offer of some hurtfull blow, or at least of some fearfull speech. Lamb. 119. Lamb. 126.

To rebuke a collectour with foul words, so that he depart with fear without doing his office, was taken for an assault. Lamb. ibid.

To strike at a man, although he were neither hurt nor hit with the blow, is an assault. Lamb. ibid.

Maker of an assault, battery, or other trespasse upon the body of another, is to be fined. Lamb.

Servant or workman convicted by confession of two witnesses, before two Justices of Peace, of ma­liciously assuulting Master, Dame, or Overseer, is to be imprisoned a yeare, and any other corporall pu­nishment saving life and member. 5. El. cap. 4. & 5 Dal. 61. Cro. 84. a.

If another assault me, if I may escape with my life, it is not lawfull for me to beat the other. Dal. 204.

An attempt is made to beat a man, his wife, fa­ther, or mother, or any of his children within age; he may lawfully use force to resist it, and may justifie the beating of the other. Dal. 151. Dal. 205. Yet by opinion of Elyot. 12. H. 8. fo. 2. 6. it is not lawfull, except there be such perill as another is like to perish if there be no help. Dal. 205. Edit. 1626.

Assemblie lawfull, vide Unlawfull assemblie.

Assize of Bread and Beere.

Any Brewer, or Baker, or Tipler, breaking the Assize of Bread and Ale, to be fined. 13. R. 2. & 8. Lam. 435, 459.

Any officer taking fine for breach of the Assize of Bread and Ale, where there ought to be a cor­porall punishment, is to be fined. 13. R. 1. 2. 8. c.

Attainder.

One attainted of felonie may be arraigned for treason committed before or after the attainder. Lam. 557, 558.

One attainted upon an appeal of robbery, may be arraigned upon an appeal of robbery at anothers suit. Lam. 558.

One attainted of felonie by standing mute, may after be arraigned of another felonie. Lam. 558.

One attainted of felonie cannot after be arrai­gned of another felonie so long as the first is un­pardoned, unlesse it be in the cases before. Lam. 557.

After the attainder the felons grant of goods or lands bindeth all persons, except the land-lord to whom the escheat. Dal. 258.

Indictment is when an offence is found by the great inquest, or other jury of inquirie.

Conviction is when the offender is found guiltie by a second jury, having put himself to tryall.

Attainder is when after such conviction judge­ment is given against the offender. Dalt. 295.

Await lying, vide Way-lying.

Averments.

No man shall be received to averre or speak against a record. Lam. 60.

Badgers and Drovers.

LIcense to badgers and drovers and loaders of corn must be in open Sessions, and there regi­ctred and kept by the clerk of the Peace. 5. Elis. cap. 12. Lam 610.

Offences against the statute of badgers and dro­vers, may be enquired of aswell by examination of witnesses, as by presentment. 5. Elis. cap. 12.

The forfeiture due to the informer upon the sta­tute of badgers and drovers, is to be levied by Fie­ri facias, or Capias awarded by the Justices of Peace. 5. Elis. cap. 12.

Baylment.

Baylment, Mainprise, or Replevin, is the saving or delivering a man out of prison before he hath [Page 19] satisfied the law; so by finding sureties to answer and to be justified by the law. Dal. 269. Lam. 330. Lam. 340.

He that is bayled is delivered into his sucetics hands to be kept. Dal. 269. Cro. 152. b. Stam. 65. a.

If the sureties doubt the escape of the prisoner bayled, a Justice of Peace upon prayer may dis­charge the sureties and commit the partie to prison. Dal. 269. Cro. 153. a. 157. a.

A Justice of Peace may cause the bayled to finde better sureties. Dal. 269. Cro. 152. b.

It is requisite to take two subsidie men for bayl, especially if it be for felonie or suspicion thereof. Dal. ibid.

To detain a prisoner that is baylable, is fine­able. Dal. 270.

To bayl one not baylable is a negligent escape. Dal. 270.

Justice of Peace bayling contrary to the law, or not certifying the bayl and examination of the fe­lon, is fineable by the Iustice of Goal-delivery. Lam. 345. 1. & 2. P. & M. 13. Dal. 271. Cro. 167. Lam. 335.

Where one is baylable, he must offer sureties. Dal. 272.

Bayliffes.

Bayliffe is punishable in false imprisonment, if he compell the partie to go before any other Iustice then he chuseth. Lam. 89.

But now the law is adjudged to be, that the Bay­liffe or Constable shall chuse the Iustice. Dal. 138. and Cook 5. 19. 6. Fosters case.

As the Bayliffe may not compell him that is ar­rested for suretie of the Peace, to go before him that granted the warrant: so it is not reasonable that the Bayliffe shall be drawn out of the division and limit where they both dwell. Lam. 89, 90, 95. Dal. 138.

A Bayliffe arrests a man without a warrant for the Peace, and afterwards procures one, he is pu­nishable in false imprisonment. Dal. 291, 295. Lam. 85. Cro. 149. a. Lam. 90.

A Bayliffe arrests one by warrant for the Peace, the Iustice will not binde the partie, no action lieth against the Bayliffe. Dal. 1. Lam. 85, 91.

Two Iustices of Peace, one being of the Quorū, may give unto the Bayliffes of Franchises before they exercise their offices, the oathes of 1. Elis. of supremacle. and 17. Elis. touching their offices. 27. Elis. cap. 12.

Bayliffe taking above 4 pence for an arrest, is to forfeit 40 shill. 23. Hen. 6.

Bayliffe of the hundred that executeth not a warrant against any default in the Sheriffes court, shall lose 40 shill. 11. Hen. 7. cap. 15, Vide plus Warrants.

Bakers, Vide Assize of Bread.

Barrettour.

A common Barrettour is he who is either a com­mon mover, stirrer up, or maintainer of suits in laws in any court, or quarrells in the countrey, Dal. [Page 24] 31. Lam. 41. Cro. 84. and is to be bound to his good behaviour and imprisoned. Lam. 418, 440. Vide plus Dal. 31. Cook 8. 36.

Bargain and Sale, vide Inrolment.

Bark of Trees, vide Leather.

Bastardie.

Two Justices of Peace, one being of Quorum, in or next to the parish, where a bastard left to the charge of the parish, or likely to be chargeable, is born, are to take order for the relief of the parish, keeping of the childe, and punishment of the repu­ted father and mother. 18. Eliz. 3. 7. Jac. cap. 4. Dal. 31.

The reputed father and mother not performing the order set down by two such Justices, the delin­quent is to be sent to the Goale without bayl, ex­cept they put in sureties to perform the order, or appeare at the next generall Sessions of the Peace. Dal. 32.

All Justices of Peace in their severall limits, and in their Quarter Sessions may do all things con­cerning the statute, 18. Eliz. for Bastardy, which is limited to the Justices of Peace in severall counties. 3. Car. 4.

Reputed father to be bound in the good beha­viour till the childe be born. Dal. 31.

Vide plus House of Correction.

If the putative father shall either before or after the birth of the childe, by practise of any other, convey himself away, or cause the mother to runne or leave her childe, such may be bound over to the next Good-delivery or Quarter Sessions. Dal. 36. Edit. 1626.

Battery lawfull, vide Ryot, Assault, Breach of the Peace.

Bath & Buxton, vide License.

Bawdery.

Bawdery is not meerly a spirituall offence, but mixeth and soundeth somewhat against the peace. Dal. 160. Lamb. 112. Lamb. 119.

A Constable, upon information that a woman is in adultery or fornication with a man, or that a man and a woman of ill report, are gone to a su­spected house in the night, may take company with him; and if he finde them so, he may carry them to prison or to a Justice, to be bound to their good be­haviour. Dal. 160.

Resorters to bawdy-houses are to be bound to their good behaviour. Dal. ibid.

Keepers of bawdy-houses are to be bound to their good behaviour. Dal. ibid.

Bead, vide Agnus Dei.

Bearewards, vide License.

Beere and Beere-brewers, vide Victuallers.

Beggers, vide Rogues and poore people.

Blockwood, vide Logwood.

Bloudshed.

Presentment of bloudshed found in the Sheriffes turn and sent to the Justices of Peace, can neither be traversed before the Justices of Peace nor at the Sheriffes turn.

Bonds, vide Recognizances.

Bowyers.

The statute not repealed of 33. H. 8, 9.

Brasse and Pewter.

Brasier nor Pewterer may exchange or sell any brasse or pewter, but in open market or faire, or in his house, unlesse upon request of the buyer, on pain of 10 pounds for each offence. 19. H. 7. cap. 6. 4. H. 8. 7. and inquirable at the Sessions. Lamb. 621.

All working hollow wares of other lay metall then according to the assize of the lay metall wrought in London, or not setling their seal on, lose the wares. Searchers of brasse and pewter must be appointed by the Justice of Peace at Mi­chaelmas Sessions. 19. H. 7. 6. 4. H. 8. Lamb. 622.

Breach of the Peace or good behaviour.

Brewers, vide Victualers.

Bridges.

A man voluntarily maketh or amendeth a bridge, he is not compellable to do the same again, unlesse he and his ancestours have used so to do time out of minde. Dal. 34. Cro. 186. a b.

It being not known who or what land is charge­able with the repairing of a decayed bridge, foure Iustices, one being of the Quorum, may tax the inhabitants and make collectours and overseers for the repairing of it. 22. Hen. 8. cap. 5. Dal. 39. edit. 1626.

Justice of Peace, where a decayed bridge is, may award processe in the Countie where the partie or land chargeable is. 22. Hen. 8. 5.

A bridge lying in a corporation, the hundred shall not be charged therewith; & è converso. Dal. 40. edit. 1626.

A bridge lying in two severall Counties, either must repair his part. Dal. 40.

Buckstalls.

One suspected to have offended against the sta­tute, 19 Hen. 7. cap. 11. of deer-hayes, and buck­stalls, &c. is to be examined by two Iustices of Q. Sessions, and being convicted by his own examina­tion onely, is to be imprisoned till he finde suretie for the forfeiture. 19. Hen. 7. 11. Lam. 535, 630. the tenth part whereof the Iustice examining shall have. ibid.

Buggerie.

The sinne of buggerie with a man or beast, is felonie. 25. Hen. 8. cap. 16. 5. Elis. 17. Lam. 227, 256, 421.

Bull from Rome, vide Treasons.

Burglarie.

Burglarie is when one or two in the night time do break a dwelling house, or a Church, or the walls or gates of a citie or walled town, with an intent to do felonie, albeit they carrie away no­thing. Dal. 223. Cro. 31. a. Lam. 260, 261, 403.

The night is from sun-setting to sun-rising. ibid. Lam. 258, 423, 424.

Burning.

Malicious burning of houses, being dwelling­houses, or barn with corn, is felonie. Dal. 238. Lam. 267, 403. Lam. 266, 424.

Burning of an emptie barn in the night feloni­ously, if it be nigh a dwelling house. Dal. ibid. Lam. ibid.

All burning that proceedeth of a former burning that was malicious, is felonie. Lam. 266, 267.

Burning of a stack of corn feloniously. Dal. 238

Butchers.

Butchers, vide Victuallers.

Butcher gashing a hide whereby it is hurt, loseth 20 pence. 1. Jac. 22. Lam. 462.

Butchers watering any hides, except in June, July, or August, lose 3 shill. 4 pence an hide. ibid.

Butcher or any other killing calves to sell under 5 weeks old, loseth 6 shill. 8 pence a calf. ibid.

Or killing any weanling bullock, steer, or hei­fer, under the age of two yeares. Lam. 453. 24. Hen. 8. 9.

Butter and Cheese, vide Victuals of transpor­tation.

Buts.

Inhabitants of a town, not continuing their buts as they ought, are to lose for every 3 moneths 20 shill. 33. Hen. 8. cap. 9.

Buying and selling, vide Cattell.

Calves and Kine.

ANy killing calves to sell under five weeks old, lose for every one 6 shillings 8 pence, 5. Elis. 24. 1. Jac. 22.

Any feeding in his own ground fit for milch kine, wherein none hath common above 120 sheep more then for his own provision, must raise one calf for every 60 sheep or lose 20 shillings a moneth for each calf, and keep one milch cow for every [...]0 oxen, runts, &c. so fed, if he feed above 20. And for every two milch kine must reare one calf yearly, except it die upon the like pain. 2. & 3. P. & M. 3. Elis. 25. Lam. 429. Lam. 453.

Offences against this statute are determinable at the quarter Sessions.

Captains.

Any Muster-masters taking reward for dischar­ging any from service, lose 10 times so much or 20 pound. 2. E. 6. cap. 2. Lam. 482, 483.

Captains or others having the charge of men for warre, keeping back part of their pay, lose to their souldier treble so much as is not paid: or for gain licensing any to depart, lose 10 times the gain. [...]. E. 6. Ibid.

Vide plus Travelling.

Caps, stat. repealed, 39 Elis. 18.

Castle, vide Felonie.

Cattell.

Buyer of live oxen, runts, steers, kine, calves, sheep, lambes, kids and goats, if he fell them with­in five weeks after, loseth the double. 5. E. 6. cap. 14. Lam. 452.

Certificate.

Recognizance and release of the Peace both are to be certified at the next quarter Sessions. 3. H. 7. 1. but no pain by the statute to the Justice if he do not. Cro. 139. a. Dal. 144. Lam. 111.

One that is bound to the Peace maketh default at the day of his appearance, the recognizance de­fault of his appearance must be certified into the Exchequer, Kings bench, or Chancery: So if it be presented that he hath broken the Peace. 3. H. 7. 1. Lam. 555. Lam. 589.

Sheriffe must certifie to the Justice of the next Sessions, indictment lawfully found and taken at his turn or law-day. 1. E. 4. 2.

Clerk of the Crown must certifie the name of [Page 34] any that have been out lawed of felonie, or Clerks convicted or attainted upon the letter of a Justice of Peace, or lose 40 shillings. 34. H. 8. cap. 14.

Transcript of every attainder, outlawrie, or con­viction had before the Iustice of Peace, must be certified into the Kings bench by the Clerk of the Peace within 40 dayes after the attainder, if it be in Term; if not, within 20 dayes after the be­ginning of the next Term, on pain of 40 shillings. 34. H. 8. cap. 14. Clerk of the Peace must certi­fie to the Ordinarie a transcript of the Clerks con­viction, or attainder. 34. H. 8. 14. Quaere, because the 18. Elis. they be not delivered to the Ordina­rie. Lam. 554. Lam. 558.

Custos Rotulorum of the Countie where one is attainted as principall of felonie, upon writing of the Iustices of the Goal-deliverie or Oyer and Terminer of another Countie where one is ac­cessarie unto the other, must certifie what is done with the principall. 1. E. 6. 24. Lam. 588, 589. Lam. 554.

Where the Iustices are to receive indictments and no power to proceed upon them, they must certifie them into the Kings bench without cer­tiorari. Lam. 589.

Abjuration of a seditious sectarie made in open quarter Sessions, must be certified at the next As­sizes unto the Iustice of Assize. 35. Elis. 1. Lam. 590.

Presentments that goods and chattels of one at­tainted of felonie be in others hands, it is to be certified in the Kings bench, or Exchequer. Lam. 590.

Recognizance of an Alehouse-keeper must be certified at the next quarter Sessions after the ta­king, [Page 35] or the Iustice lose 5 marks. 5. E. 6. 25.

Certificates of dockets, of Purveyors, vide Pur­veyors.

Certificate of transcripts of Records of the Ses­sions into the Kings bench, vide Clerks of the Peace.

Certificate of Ryots, vide Ryots.

Certificate of Certiorari, vide Certiorari.

Certificate of Examinations, vide Examinations.

Vide plus Recognizance.

One bound to the Peace maketh default of ap­pearance at the next quarter Sessions, the Recogni­zance with the Record of the default must be cer­tified into the Chancerie, Kings bench, or Exche­quer. 3. H. 7. 1. Lam. 589.

Certiorari.

Certiorari is to remove indictments or other Records to be fully heard where the Iustices can­not proceed, or be reversed where they have pro­ceeded erroniously. Lam. 591. Lam. 556.

A Certiorari issueth out of the Chancerie, and the Records are removed thither and sent thither by Mittimus to any other court. Lam. 591. Lam. 55.

Certiorari to remove matters of the Crown, need not contain the cause of the removing.

Certiorari out of the Chancerie hath in Cancel­laria out of the Kings bench nobis mitta. Dal. 368. Cro. 132. a.

Certiorari may command either the Record it self or the tenour of the Record. Dal. 368. Cro. 13. b. Lam. 515.

Certiorari is to be directed to the Iustice. Lam. 545.

Iustice of Peace ought upon Certiorari to re­move the Record, though the partie that brought the Certiorari sueth not after to have it not remo­ved. Dal. 368. Cro. 132. b. & 133. Lam. 516.

An indictment may be removed upon a Certio­rari bearing date before the indictment was ta­ken. Dal. 369. Cro. 132. b. 164, 167. b. Lam. 510.

A certificate of a Certiorari ought not to omit that which did authorize the Iustice to make the Record, neither ought they to certifie more then the Certiorari warranteth them. Lam. 516.

If the Certiorari varie from the Record, the Iu­stice need not to certifie. Dal. 368. Cro. 132. b.

A Certiorari is to send up the indictment of [...] in which others are joyntly indicted, the Iustice need not make certificate of any but of A onely. Dal. 368. Cro. 132. a. Lam. 517.

A Iustice may without Certiorari send into the Kings bench a Recognizance of the Peace, an in­dictment found before him, or a force recorded be­fore him. Dal. 368. Cro. 132. b. 133. b. but not without Certiorari if he be put out. ibid.

No bills of indictment, riot, forcible entrie, assault, or batterie found at the quarter Sessions shall be removed by Certiorari, unlesse it be de­livered in open quarter Sessions, and the indicted bound in 10 pound to the prosecutour with such sureties as the Justice shall allow, to pay within one moneth such costs and damages as the said Justices shall allow, otherwise the Justice to proceed to tryall. 21. Jac. 8. Dal. 214. Edit. 1626.

Vide plus Certificate.

Challenge.

One indicted of felonie may challenge as many as he will, shewing cause: but without cause he may not challenge above twentie. 22. H. 8. 14. Lam. 523. Lam. 554.

Champertie.

Champertie is when one for hope of having part of the thing in variance, moveth or causeth the suit to be moved at his own cost, and for it he is to be fined. 33. E. 1. Lam. 441.

Chancemedlie, vide Homicide.

Chastisement, vide Correction.

Church and Churchyard.

Maliciously to strike with a weapon in the Churchyard, or to draw a weapon to that end, is losse of one of his eares, or to be marked with the letter T. 5. Ed. 6. 4. Lam. 399. Lam. 419.

To keep fair or market in the Churchyard. ibid. Stat. Wint. 13. Ed. 1. Lam. 419.

Conviction of any upon the statute 5. Ed. 6. 4. may be by the Iustices of Peace at their quarter Ses­sions [Page 38] by verdict, testimonie of two, or by confessi­on. 5. Ed. 6. 4.

Execution of the forfeiture upon the statute of striking in Churchyards to be awarded by the Iu­stice of Peace before the conviction. 5. Ed. 6. 4.

Churchwardens.

Churchwardens and Constables or one of them, or where none be, the Constable of the hundred must once every yeare present at the quarter Sessi­ons the monethly absence from church of Popish recusants and the names of every of their children of 9 yeares old and above abiding with their pa­rents, and as neare as they can the age of their chil­dren and the names of such recusants servants. 3. Jac. 4. Lam. 437. penaltie 20 shillings. Vide Recu­sants.

Churchwardens are to gather for the prisoners, vide Prisoners.

Churchwardens and Overseers of the poore are yearely to make account to two Iustices whereof one ought to be of the Quorum. viz.

1 Of all summes received by them rated or not received.

2 Of such stock as they or any of their poore have in their hands.

3 What apprentices they have put out.

4 What poore they have set to work or re­lieved.

5 What poore they have suffered to wander and begge.

6 If they have monethly met to take order for the poore.

7 If they have assessed the inhabitants and [Page 39] occupiers of lands, and in their parish, and such as are of abilitie with indifferencie.

8 If they have endeavoured to levie and gather such assessments. Dal. 72, 73. Defaults in any the premisses is 20 shill. ibid.

Churchwardens and Overseers refusing to make a true account to the Justice of all such summes of money, or denying to pay the arrerages, to be com­mitted to the goal without bail till account made & the arrerages paid to the new Overseers. Dal. 73

Churchwardens and Constables yearely upon Tuesday or Wednesday in Easter week, must call together the parishioners,

And first choose surveyours for the high-wayes. Dal. 5 [...].

2 Appoint six dayes for that purpose, to be be­fore Midsummer next following. ibid.

3 Give notice of the said six dayes openly in the Church the Sunday after Easter. ibid.

Clerk of the Peace.

Clerk of the Peace must be present at the Sessi­ons, to reade enditements and in [...]oll the acts of the Sessions, as also to draw processe. Lam. 337. Lam. 393.

Clerk of the Peace must record proclamations for the rates of servants wages, and inroll the dis­charge of apprentices. 5. Elis. 4. ibid.

He must keep the counterpain of the Indenture of armour. 4. & 5. Ph. & Mar. 2.

And the books of licenses given to Badgers and loaders of corn. 5. Elis. 12. Lam. 393.

And of those that are licensed to shoot in gunnes. 2. Ed. 6. 12.

He must certifie into the Kings bench transcript of enditements, outlawries, attainders, and convi­ctions had before the Justice of Peace within the time limited. 34. Hen. 8. 14. Lam. 588, & 593.

Recognizance of the Peace is brought into the Custos Rotulorum, and the partie grieved will not sue it, the Clerk of the Peace may call upon it for the King. Lam. 394.

The office of the Clerk of the Peace is in the gift of the Custos Rotulorum. 37. H. 8. 1. Lam. 394.

What Records the Clerk of the Peace is bound to certifie, vide Certificate.

The Clerk of the Peace his fees, vide Fees.

He must record presentments for not coming to Church, and the certificate of not taking the oath of Alleagiance. 3. Jac. 4. Lam. 393.

Clerk of a Justice his fees, vide Fees.

Clerk of the Crown, what records he ought to certifie, vide Certificate.

Clerk of the Market.

Clerk of the Market taking money to dispense with faults, riding with more then six horses, tar­rying longer then is necessarie, loseth for the first offence 40 shill. for the second 10 pound, for the third 20 pound. 13. R. 2. 4.

Clergie and Sanctuarie.

One Justice of Peace may take out of the San­ctuarie him that is abjured thither, being endited of any offence punishable by death, done after he is become a Sanctuarie man, and may commit him to the goal in the countie where the enditement is found, till he be tried. 22. Hen. 8. 14.

Breaking a house by day, and taking away any thing to the value of 5 shill. 29. Elis. 15. Lam.

Conjurers or witches, their aiders and counsel­lers. 5. Elis. 16. Lam. 531, 564.

Cloth.

Every Iustice beyond Trent hath some power in searching out the deceit of straining or stretching those countrey clothes. 39. Elis. 20.

Any Iustice of Peace next unto any Town cor­porate or Citie beyond Trent, is to joyn with the Citie or Town in appointing overseers for cloth. ibid.

Two Iustices of Peace must appoint yearely over­seers of cloth sold in Towns corporate, and to sweare them to see execution of that part of the statute which is yet in force. 3. E. 6. 2. Lamb. 348. Lamb. 359.

One commanded by two Iustices of the Peace, to appeare to be made an overseer of keeping the statute of clothing, and without reasonable excuse refusing, shall forfeit 40 shill. one half to the two Iustices. ibid. Lamb. 335.

Two Iustices of Peace may dispose the money rising of deceitfull cloth stretched. 39. Elis. 20.

Woollen cloth presented by a retayler thereof, to two of the next Iustices of Peace, as defective against this statute and the statute 4 & 5 Phil. & Marie 5. shall cause the same to be cut into three equall parts, whereof one part to the King, one part to the presenter, and the third part to the Iu­stices themselves. 5. E. 6. 6. Lamb. 348. Lamb. 359.

Iustices of Peace faulty in executing the statute against the deceitfull stretching of Northern cloth, lose 5 pound. 39. Elis. 20.

Clothier must set his seal of lead to the cloth, to declare the length, to be tryed by water, or be fined. 3. Ed. 6. 2. Lamb. 442. Lamb. 469.

Cloth is not to be stretched above a yard and a half in length, and half a quarter in breadth, not [Page 45] to shrink more in wetting, on pain of 40 shill. ibid.

Browns, Blewes, Pewks, Tawnies and Vio­lets, must be perfectly boyled, grayned, or mad­dered upon the woad, and shot with good cork or orchall, otherwise the dyer loseth 20 shill. for every offence. 3. E. 6. 2. Lamb. 442. Lamb. 469.

Wooll for Russets, Marbles, Grayes, Bayes, or for hats or caps, must be perfectly woaded, boyled, and maddered, or lose 20 shill. every Cloth or Wool for a cloth. ibid.

Dying with Brazill, thereby to make a false co­lour, is losse of 20 shill. a time. 3. E. 6. 2. L. 443, 469.

Putting Flax, Chalk, Starch, or other deceiveable things upon any cloth, except Devonshire and Cornwall straits, loseth 40 shill. a time.

Selling Cloth by lesse measure then after the true contents by the yard and inch, loseth 6 shill. 8 pence a yard. ibid.

Putting to sale Cloth pressed to be used in England, Wales, or Ireland, loseth the Cloth or value. ibid.

Refusing to be searchers of Cloth, or neglecting to search once a quarter, loseth as the offenders. ib.

Interrupting the search of Cloth, is losse of 20 pound. ibid.

Kentish Cloth above 6 pound price must con­tain betwixt 28 and 30 yards in length being wet, and 7 quarters broad within the lists, and being well dressed, must weigh 76 pound, or lose 20 shill. for want of length and breadth, and so much for wanting of 4 pound of the weight. 5. E. 6. Lamb. 443. Lamb. 470.

Deceit in linen Cloth, whereby it is become worse for good use, is losse of Cloth, fine, & impri­sonment [Page 46] for a moneth. 1. Eliz. 13. Lamb. 444. Lamb. 471.

Offences against the statute, concerning the stretching of Northern clothes, to be presented by the overseers at the next Q. Sessions after the offence, and there to be heard and determiued. 39. Eliz. 20.

Offences of the Iustices of peace in neglecting their duty, by not executing of the statute of de­ceitfull stretching of Northern clothes, to be heard and determined by I. of Assize.

Commission of the Peace.

The commission of the peace is determinable at the Pr. pleasure, either by expresse word, im­plication, or death, or by the presence of higher power, or by occasion of another office, as to be made Sheriffe. Lamb. 63, 68. Lamb. 66, 67.

Commission granted hac vice tantùm, is deter­mined after once sitting, if they do not adjourn the same. Lamb. 67. Lamb. 71.

A new commission of the Peace hac vice tan­tùm, will determine the old. Lamb. 64. 70. Lamb. 68.

A commission of the same kinde in the same limits to other commissioners without word of discharge, is a revocation of the former by impli­cation. Lamb. 64. 69. Dal. 8. Crom. 189. a. Lamb. 67.

A proper Iustice is made within a speciall li­bertie, without words of prohibition, the Iustice of the shire may meddle there. Lamb. 64, 69. Lamb. 68.

The making of a new commission is no deter­mination of the old, till it be read or proclaimed [Page 47] at some Session or in a full county, Lamb. 65, 70. or at the Assizes, Dal. 8. Lamb. 69.

The old commission determining by a new, no processe or suit hanging before the old commissio­ners, is discontinued thereby. Lamb. 66, 71. Dal. 9. Cro. 189. Lamb. 69.

Accession of a higher title taketh not away the authoritie of a Iustice of Peace. Lamb. 66. Dal. 9. Cro. 188. a. Lamb. 70.

A new commission to heare and determine fel­lonies, determineth the old commission of the Peace, but not concerning the Peace. Lamb. 72.

A Iustice of Peace, in making justification by vertue of his office, needeth not to show the com­mission of the Peace, because the keeping thereof belongeth to the Custos Rotulorum. Lamb. 387, 388.

Commons.

Commons in forrests and elsewhere, must be driven yearely within 15 dayes after Michaelmas by the owner or officers, on pain of 40 shil. a time. 22. H. 8. 13. Lamb. 466.

Vide plus Horses.

Common Prayer.

If any Minister have refused to use the Common Prayer, or to minister the Sacraments according to the Book of Common Prayer, or wilfully standing in the same have used any other form in open prayer or in administration of the Sacra­ments, or spoken any thing in derogation of the said book or any part thereof, for the first offence [Page 48] it is losse of the spirituall living for a yeare, and imprisonment for 6 moneths without bayl: for the second, deprivation and imprisonment for a yeare: for the third, deprivation and imprisonment all his life. 1. El. cap. 2. 23. El. Lamb. 348, 402. L. 417.

Any having in play, song, or rhythme, or by any open word spoken in derogation of the book of Common Prayer, or any thing therein contained, or having caused or maintained any Minister to say any other Common Prayer, or minister Sacra­ments in other manner, or interrupting any Mini­ster to say open prayer, or administer the Sacra­ments according to the said book, he loseth 100 marks or 6 moneths imprisonment without bayl for the first offence; and for the second, 400 marks or 12 moneths imprisonment; and for the third, all his goods & imprisonment for his life. ib.

Concealment, vide Iurours.

Confession.

After a free confession of an indictment, and submission to finde in an action at the parties suit, for the same trespasse, he shall not plead not guilty: otherwise of a confession sub modo, as when he putteth himself sub gratia Regis. Lamb. 500, 501, 511, 512. Lamb. 530.

Quaere whether if he once make a sine, he shall not be estopped to plead not guilty also.

Whether the Iust. of Peace may drive the partie either to an absolute confession or to his traverse. ib.

The voluntarie confession of an offender a­gainst the statute, 1. Jac. 9. 4. Jac. 5. before a Iu­stice of Peace is a conviction, and after confes­sion his oath is sufficient proof against any other offending at the same time. 21. Jac. 7. Dal. 26. Edit. 1626.

Conjuration.

Conjuration of wicked spirits is felonie. 5. Elis. 16. 231, 399. Lam. 227. Vide plus: Witchcraft.

Conservers of the Peace.

Coroners are conservers of the Peace, and may in some cases imprison. Lam. 378, 381. Lam. 131, 395.

Constables.

Every Constable at the Common law before the statute 3. Hen. 7. 3. and 1. and 2. Phil. & Mar. might bail one suspected of felonie by obligation, or take suretie of the Peace by obligation, or com­mit him to prison that made an affray, till he found sureties. Lam. 15.

Constables or other officers may lay no hands on two intending to fight, till weapons drawn, or offer of blow. Lam. 132.

Constable hurt in parting an affray, may have an action against the affrayer; so may any other of­ficer: but the affrayer can have none against them. Lam. Const. 15. Lam. 125, 135. Lam. 132, 133.

Constable or officer presented at the Sessions for not endeavouring to part an affray, being pre­sent, shall deeply be sined. Lam. 121, 136.

So if he be told of it being absent. Dal. 32. & contrà, Cro. 146. b.

Two fighting in an house the doores being shut, the officers may break open the doores to see the peace kept. Lam. ibid. Lam. 133.

Constable taking an affrayer must imprison him in the stocks, not in his house; and that till he may provide to carrie him to the goal, Lam. ibid. or to [Page 50] a Justice of Peace. Dal. 28, and 30. Lam. 133, 125.

Constable or Justice, if need be, may command aid of the Kings people for pacifying an affray, Lam. 126, 137. Lam. 134.

Constable or officer may defend himself, and apprehend and imprison the partie that shall make an affray upon him. Lam. ibid. Dal. 30. Crom. 147. a

One Justice of Peace may command, that two constables be chosen in each hundred. Lam. 175, 190. Lam. 186.

Vide plus Affray, Arrest, Rogues.

High-constables, at their pettie Sessions, for an affray made in disturbance of the Court, may im­prison the offenders. Dal. 3. edit. 1626. Cook 11. 43, 44.

Choosing of High-constables useth to be at the Qu. Sessions; if out of Sessions, by the major part of the Justices of that division where they dwel, and use to be sworn at the Sessions, or by warrant from the Sessions. Dal. 44. edit. 1626.

Conventicles.

Those are sometimes called conventicles where­in many do impart with others their meaning to kill a man, or to take anothers part in all things. Lam. 163, 173, 177.

Champertie also, maintenance, conspiracies, confederacies, and giving of liveries other then to meniall servants and officers, be contained under the word conventicles. Lam. ibid.

Conies, vide Hunting.

Corn.

Certificate of one Justice of Peace joyned with [Page 51] the customer of the place of unlading and selling of corn, grain, or cattell carried by water from one place to another of this Realm, unto the customer and controller of the place where the same was imbarked, is sufficient upon the statute of forestal­ling. 5. Ed. 6. 14. 13. Elis. 25.

One having sufficient corn, buying seed, with­out bringing so much as he buyeth, to sell the same day as the market goeth, loseth double. 5. Jac. 46. 427, 433. Lam. 450.

Vide plus Transportation.

Cutter and carryers away of corn, vide Hedge­breakers.

Coroners.

Coroners ought to certifie their inquisitions at the generall goal-delivery, and not at the Sessions. 1. and 2. Ph. & Mar. 12. Lam. 378, 380, & 395.

Coroners being parties to the exigents, and Jud­ges of the outlawrie, ought to be present at the Ses­sions. ibid.

Coroners are conservers of the Peace, and may in some cases commit men to prison. ibid.

Coroners may be convicted of offence against the statute of 1. Hen. 8. 7. Lam. 413, 517. Lam. 434. touching extortion, or not executing their offices before a Justice of Peace. Cro. 130.

Coroners fees, vide Fees.

Cottages.

Any erecting, or converting any dwelling to be used as a cottage for dwelling, unlesse he lay foure acres of his own free-hold inheri­tance lying neare to the said cottage, to be con­tinually [Page 52] manured therewithall so long as that cottage shall be inhabited, except in a citie, cor­porate or market town, or ancient borough, or being the dwelling house of minerals, coal-mines, quarries of stone or slate, makers of brick, tile, lime, or coal, not being above a mile from the works, and onely used for the habitation of such workmen, or for saylers, or men of manuall occu­pation, for the making, furnishing, or victualling of ships, and being within a mile of the sea at the side of some navigable river; or a cottage for the keeper of forrests, chase, warren, or park; or cot­tage for a common herdsman or shepherd of any town, or wherein any poore, lame, sick, aged, or impotent person shall dwell; or hath been decreed to continue for a dwelling by the Justices of Assize or of the Peace in open Assizes or Qu. Sessions. 31. Elis. 7. 39. Elis. 3. 43. Elis. 2. Lam. 499, 456. Lam. 476.

None to maintain or uphold any cottage, not ha­ving foure acres to it, except as before. ibid.

Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage. 31. Elis. 7. except it be by order of the Justice at the Q. Sessions, with leave of the Lord of the waste at the charge of the parish, hundred, or countie. 39. Elis. 3. 43. Elis. 2. Lam. 573, 589, 611. Offences against the statute of cottages and inmates, are to be heard and determined at the Q. Sessions. 31. El. 7. Lam. 575, 589, 614. and a decree may be made at the Q. Sessions for continuance of a cottage that hath not foure acres of land. ibid.

Countie.

A Justice of Peace in one Countie, pursuing a [Page 53] felon into another Countie where he is taken, he shall be committed to the goal of the Countie where he was taken.

Cozeners and Cozenage.

Any falsly and deceitfully getting in possession money or goods of other mens in colour of false privy tokens, or counterfeit letters, and convicted thereof at Q. Sessions by examination of witnes­ses, shall suffer any corporall punishment except death. 33. Hen. 8. 1. Lam. 420. 426, 505, 516, 536, 550, 572, 588. Cro. 83. a. 130. b.

Two Justices of Peace, one being of the Quo­rum, may binde over to the next Sessions any such suspected person, or may imprison or bail them, un­till the next generall Sessions. Dal. 37. One Ju­stice of Peace (as it seemeth) may binde threatners to their good behaviour, so to the Assizes or Sessi­ons, or send them to the house of correction. Dal. 48. Edit. 1626.

Crosses, vide Agnus Dei.

Crossebows and hand-guns.

Every person may attach an offender against the statute 33. Hen. 8. 6. and carrie him to the next Justice of Peace in the same countie. Dal. 49.

The Justice upon due consideration may send the offender to the goal, till he have paid the pe­naltie of the statute of 33. Hen. 8. 6.

Currier, vide Leather.

Customer, vide Corn.

Custos Rotulorum.

Custos Rotulorum hath the custodie of the Re­cords and of the Commission, and ought to see that they be brought to the Sessions. Lam. 371, 373. Lam. 387.

Custos Rotulorum is alwayes a Iustice of Quo­rum. Lam. 371, 372.

Custos Rotulorum alone cannot summon a Ses­sions, seeing that he hath no more authoritie in that behalf then any of his fellows hath. Lam. 367. Lam. 382.

Cutpurse.

Taking of the goods of another to the value of 12 pence from his person into his own possession without assault or fear, is felonie without Clergie. 18. Elis. 4. Lam. 267, 271, 401, 405, 534, 547. Lam. 270. Dal. 229.

But it will not amount to felonie unto death, un­lesse the thing taken be of the value of 12 pence. Lam. 270. Dal. quaere.

The thief must have an actuall possession of the thing severed from the person of the owner. Lam. 271. Dal. 229. Cro. 35. a.

Cutting out of tongues.

Cutting out of tongues and putting out of eyes [Page 56] is felonie, if it be done of set purpose. 5. H. 4. 5. Lam. 400, 404. Lam. 420.

Cutting of a pond head.

Destroying of the head or damme of any pond, moat, sluce, or severall pit wherein fishes are put by the owner thereof, or have wrongfully fished in any of the same, to the intent to take away the fish a­gainst the owners will. 5. E. 21. Lam. 424. Lam. 446.

Deere and Deere-hayes.

JUstice of Peace may not receive an indictment for killing a hart proclaimed, Lam. 477, 487. for the jurisdiction of it belongeth to the Iustice of the forrest. 21. H. 7. 30. Lam. 505.

One convicted of unlawfull taking or killing of Deere must pay treble damages to the partie, three moneths imprisonment, and after to remain there till he put in sureties for the good behaviour for 7 yeares. 5. Elis. 21. Lam. 538, 552. 3. Jac. 13. Lam. 571.

To sell or buy to sell any Deere, Hare, Partridge, or Phesant, except house Partridge or Phesant, or brought from beyond the seas, loseth for every Deere 40 shill. every Hare or Partridge 10 shill. and every Phesant 20. shill. 1. Jac. 27.

Vide plus Hunting and Buckstalls.

Demurrer.

One indicted demurreth upon the evidences, the Iustices ought to record it. Lam. 508, 520. Lam. 539.

Deputie.

A Iudge cannot make a Deputie. Lamb. 60, 65. Lamb. 64.

Divine Service.

Any above the age of 16 yeares that repaireth not to his parish Church or Chappel accustomed; or to some usuall place where Common Prayer is to be used upon every Sunday and other holidayes, and hath not there orderly and soberly abiden du­ring the time of such Common Prayer, Preaching, or other service of God, loseth 12 pence for every offence, to be levyed by the Churchwardens to the use of the poore of the said parish, and to be punish­ed by the censures of the Church 1. El. 2.

It is lawfull for one Iustice of Peace in the li­mit, division, or libertie where the offender dwel­leth, in not coming to Church, 1. El. 2. upon proof of default, by confession of the partie or oath of wit­nesse, to call the partie before him; and for want of sufficient excuse and proof thereof to the satisfacti­on of the said Iustice, the said Iustice may give his warrant to the Churchwarden of the said parish un­der his hand and seal to levie 12 pence for every de­fault by distresse, in default thereof to commit the offender to prison till payment made. 3. Jac. 4.

Vide plus Recusants and Sunday.

Dogge, vide Hunting.

Vide Partridges and Phesants.

Drivers of commons, vide Commons.

Drovers, vide Badgers.

Dyer, vide Cloth.

Drunkennesse.

Any Iustice of Peace, upon his own view, con­fession [Page 58] of the partie, or proof of one witnesse upon oath, hath power to convince any person of drun­kennesse. 21. Jac. 7.

Any within six moneths after the offence com­mitted, lawfully convicted of drunkennesse, loseth 5 shill. to be paid after conviction to the Church­wardens of the parish where the offence shall be committed; and refusing and neglecting to pay the same, to be by warrant from the Iustice convicting levyed on his goods; if he be unable, to be set into the stocks 6. houres, and upon conviction of the se­cond offence to be bound with sureties in 10 pound to his good behaviour. 4. 5.

The officer charged is negligent in levying or in correcting, he loseth 10 shillings to be levyed and disposed as the penaltie it self. 4. Jac. 5.

Churchwardens to be accountable to the use of the poore for the penalties by them received upon the statute of drunkennesse, ibid.

Constables, Churchwardens, and Tithingmen, in their oaths for their office are to swear to present offences against the statute of drunkennesse. 4. J. 5.

Offences against the statute of drunkennesse to be inquired after and presented before the Iustice of Assixe or Iustice of Peace at their Sessions, and pro­ceeded upon ordinarie indictment. ibid.

Offenders against the statute of drunkennesse not to be twice punished for the same offence. ibid.

Ecclesiasticall causes and persons.

ECclesiasticall persons subject to arrest for the Peace, but when they be attendant on divine service. Lam. 88, 95. Lamb. 93. Dal. 294.

Vide plus Treason.

Egges of wilde fowl.

Egges of any wilde fowl usually eaten, taken from the place where they were layed, or destroyed betwixt the first of March and the last of Iune, one yeares imprisonment, and lose after a rate for each egge. 25. H. 8. 11. 3. E. 6. 3. Lam. 429, 435. Lam. 453.

To take away the egges of any Hawk out of the woods or ground of any other person, three moneths imprisonment, and bound to his good behaviour for 7 yeares. 5. Elis. 21. Lam. 424. Lamb. 446.

To take or cause to be taken upon his own or other mens grounds the egges of any Falcon, Gos­hawk, Lanner, or Swan, one yeare and a dayes im­prisonment and fine. 11. H. 7. 17. Lam. ibid.

Taker or willing destroyer of egges of Partridge, Phesant, or Swan, upon conviction by confessi­on or oath of two witnesses before two Iustices of Peace, where the offence or apprehension is, to be imprisoned three moneths, unlesse he pay to the Churchwardens of the parish in one of the places to the use of the poore 20 shill. 1. Jac. 27.

Vide plus Partridges, Phesants, and Fowlers.

Egyptians.

One Iustice of Peace may within one moneth after the arrivall seize all the goods of any outland­ish persons, calling themselves Egyptians, that shall come into the Realm, or companie with them, or disguise themselves like them, and keep to his own use the one moytie, accounting in the Exchequer for the other, restoring to them again their goods that prove by two witnesses that they were craftily or feloniously stoln from them, upon pain of for­feiture of double the value to the prover. 22. H. 8. 10. [Page 60] Lamb. 183, 200, 232, 255, 355, 357, 407, 412. Dal. 38. Lamb. 195, 228, 371, 429.

After the moneth it is felony, and then they shall have the whole. 1. & 2. P. & M. 4. Quaere whether the stat. 22. H. 8. be still in force or altered by the statute of 1. & 2. P. & M.

Embezeling of records, vide Records,

Embracer, vide Maintainer.

Enditements.

Enditement is the verdict of jurours that be charged to inquire of that offence that is presented by them. ibid.

All Enditements ought to contain certainty, and therefore five principall things be requisite in presentments. Lamb. 459. Lamb. 487.

1 The name, surname, and addition of the party endited.

2 The yeare, the day and place in which the of­fence was done.

3 The name of the person to whom the offence was done.

4 The name and value of the thing in which the offence was committed.

5 The manner of the fact and the nature of the offence, as the manner of the treason, murder, felony, or trespasse. Lamb. 460, 461. Lamb. 487.

Enditement of the accessary to folony, must contain the name of the principall. 461, 470. Lamb. 488.

Misnamer in an Enditement shall not be made good by an aliàs dictus. Lamb. 463, 472. Lamb. 490.

Where the name of the party offended cannot [Page 61] be known, it may be cujusdam ignoti, because of the K. advantage thereby by forfeiture. Lamb. 467, 476. Lamb. 494.

Any certainty whereby the day and yeare may be known is sufficient. Lamb. 464, 473. Lamb. 491.

An offence done before midnight must be sup­posed the day before; if after, then the day after. Lamb. 465, 473, 492.

One striketh one day, whereon he languisheth, and dieth on another; the enditement must suppose the last day on which he died. Lamb. 464, 473. Lamb. 491.

Enditement supposing the fact done a day not come, is not good. 464, 474. Lamb. 492.

Enditement or presentment for an omission, as A hath not scoured such a sewer, needs not to set down day nor yeare. Lamb. 465, 474. Lamb. 492.

Enditement supposing an offence done at two severall times, not good. Lamb. 465, 474. L. 492.

Enquirie.

Justices of Peace may onely enquire and can proceed no further, as in

1 Certain offences against the supremacy 23. E. 1.

2 Treasons, and misprisions of treason, made by the 23. Elis. 1.

3 Offences against the statute of false rumours against the K. 23. Elis. 1.

Enquirie of a forcible entrie, vide Forcible en­trie.

Enquirie by presentment, vide Presentment.

Enquirie by examination, vide Examination.

Enquirie by information, vide Information.

Escapes.

Constable arresteth one that hath hurt another, and voluntarily suffereth him to escape, and he that was hurt dieth thereof within a yeare and a day, the Constable shall make a fine to the value of his goods, but it is no felonie. Lam. 126, 134.

To suffer a felon wilfully to escape, is felonie; but a negligent escape onely to be fined. 1. R. 3. 4. Lam. 490.

Wilfull escape of one arrested for larcenie, man­slaughter per fortunam, & se defendendo, is not fe­lonie, Lam. 226, 234. Dal. 241. Cro. 39 a. if the act were not felonie at the time of the escape. Lam. 230.

Wilfull escape by the goaler or keeper of a felon, is felonie in the goaler, not in the felon: if the escape be caused by a stranger, it is felonie. Lam. 226, 229. 233.

Escape suffered by him that receiveth a known felon, is no felonie. Lam. 226, 230, 234.

Vide plus Prisoners.

To suffer one to escape that is arrested for an act which was not then felonie, but by matter conse­quent fell out so to be, is no felonie, Lam. 234. but [Page 66] is fineable. Dal. 241. Cro. 39. a. Lam. 230.

A prisoner under arrest onely escaping, the escape must first be presented before he that suffered the escape shall answer it. Dal. 242.

A Justice sendeth for a felon out of the goal, and freeth him without bail; it is felonie in the Justice. Dal. ibid. Cro. 39. b.

A Justice pro defectu scientiae baileth one not bailable, it is but a negligent escape. Dal. 242. Cro. 39. b.

Offender upon his examination before a Justice confesseth the felonie, who letteth him go without commitment or bail; it is a voluntarie escape, and so felonie in the Justice. Dal. 260. Cro. 39. a.

A town not walled must answer the escape of a manslayer in the day time. Dal. 256. Cro. 40. b.

The hundred must answer for a man slain out of the town, and for insufficiencie the countie shall be charged. Dal. ibid.

Goaler or other officer suffereth his prisoner to go abroad for a time, though the prisoner return as he was prescribed, or let his prisoner go by bail or baston; it is a negligent escape, and fineable: but Quaere, for prisoners ought to be kept in salva & certa custodia. Dal. 240.

Voluntarie escape of one arrested or committed for felonie, is felonie in the goaler; if for treason, it is treason; if for trespasse, it is trespasse. Dal. 241.

A thief being in the custodie of the Constable, doth suddenly hang, drown, or kill himself; it is a negligent escape. Dal. 270.

Escheators.

Escheator, other then those of a citie or borough, that takes upon him the office, not having lands in the shire of 20 pounds per annum, or for life at least, or that hath sold or set to farm the office to one for whom he will not answer, and whose name he doth not certifie within [...]0 dayes into the Exchequer, shal be fined 40 pound. 33. H. 8. 22. Lam. 409, 414, 429.

Escheator taking for execution of any writ in any countie above 40 shill. or 40 shill. where the land is not held in capite, shall be fined 40 shill. 23. H. 6. 17. Lam. 410, 414, 430.

Escheator taking above 15 shill. for finding out an office not exceeding five pounds a yeare, loseth 5 pounds. 33. H. 8. 22. Lam. 410, 415, 430.

Evesdroppers.

Evesdroppers which shall by night evesdrop mens houses, are to be bound to the good behaviour. Dal. 161.

Evidences.

Justice of Peace must binde over informers for felonie to appeare and give evidence against the fe­lon at the next generall goal-deliverie. Dal. 39.

Justice of Peace must binde such as declare any thing materiall to prove the felonie, to appeare at the next goal-deliverie, and give evidence. Dal. 259, 261.

Examination taken by a Justice of Peace in one countie, may be certified into another countie, and there read and given in evidence. Dal. 264.

Estreats.

Estreats are the extracts of fines, forfeitures, and [Page 68] amerciaments made by the Clerk of the Peace by indentures, the one delivered to the Sheriffe, the other to the Barons of the Exchequer. Lam. 59 [...]. Lam. 548, 562.

Estreats of the penaltie for shooting in gunnes, are to be recorded and sent into the Exchequer by the Justice that had the examination of the matter. Lam. 292, 295, 297.

Sheriffe or his minister that shall levie any of the Kings debts, without shewing the partie the estreats under the Exchequer seal, shall be sined and pay treble damages to the partie. 24. E. 3. 9. 7. H. 4. 13. Lam. 411, 416, 432.

He that estreateth issues of others then were chargeable or charged, loseth five marks to the King 27. El. 7. Lam. 413, 417, 432.

Examination.

Felon brought before a Justice, must be exami­ned before he be committed to prison, and the in­formation of those that bring him must be put in writing within two dayes after, and the party bound to appeare and give evidence at the next goal-deli­very. 2. and 3. Ph. & Mar. Lam. 196, 207, 212.

Before the statute, the examination of a felon was not warranted at the Common law; for nemo tenetur prodere seipsum. ibid. but the offender shall not be examined upon oath. Dal. 264.

Circumstances observable in examination of a fe­lon. Lam. 202, 213. Dal. 260. Lam. 218.

In what offences conviction shall be by examina­tion, vide the severall offences.

Conviction cannot be by examination onely, but where the statute giveth it, either by referring it to [Page 69] the discretion of the Justices, or specially limitting it, Lam. 504, 515, 534.

Where the statute limitteth conviction to be by examination generall, a Iustice of Peace may exa­mine as well the offenders as witnesses. Lam. 505, 517, 535.

Where the examination of a Iustice of Peace is the conviction of the partie, it ought to be upon oath: but when it is but to inform the Jurie upon that enditement, it needs not. ibid. Lam. 536.

Examination of witnesses is to be taken as well against as for the King, Dal. 265. but Quaere whe­ther it may be upon oath, which maketh against the King.

Confession of an offender before a Iustice of Peace is not conviction, except he confesse the same again upon his triall or arraignement. Dal. 268.

Extolling forrain power, vide Treason.

Extortion.

Ordinarie, Archdeacon, Officiall, Sheriffe, Es­cheator, Coroner, Under-Sheriffe, Bailiffe, Goaler, or other officer, that by colour of his office taketh more then his fee, or any fee or reward for expedi­tion, or unlawfully exacteth any oath or other un­due thing. Lam. 409, 414, 434.

Any thing taken colore officii, is extortion; but virtute officii is allowable. Cro. 57. b.

The Sheriffe or Goaler taking any thing of a Constable for bringing a felon to the goal, it is ex­tortion, 4. E. 3. 9. loseth 10 pounds. Cro. a. 58. b.

If the Ordinarie or his minister take any thing to allow a Schoolmaster to teach children. 23. Elis. 1. Cro. 58. a.

The Marshall detaining a prisoner after he is dis­charged by the Court, for any thing due to him but his fees. Cro. ibid.

The Ordinarie citing a lay person to appeare in the Spirituall court to depose there as a witnesse. Cro. 59. b.

Vide plus Fees.

A man prescribeth to have 4 pence of every one whose beasts are taken in his ground damage fe­sant being impounded, and to make amends to him at his will, it is extortion if he take it. Cro. 58. b.

To take any thing for a mortuarie, contrarie to the statute, 21. H. 8. 6. where the goods come not to 20 nobles besides debts, or for married woman or infant, or one that keeps no house, or way faring man, or any that is not resident where he dyed, is extortion. Cro. 59. a.

Faires and Markets.

HE that keepeth a faire or market in a Church­yard, shall be fined. Stat. Wint. 13. Elis. 1. Lam. 404, 419. Lamb. 339.

False imprisonment, vide Arrest.

False takers, vide Cozeners.

Fees.

The Sheriffe shall have upon arrest by bill, [...], or warrant, 20 pence; the Bayliffe that maketh the arrest, 4 pence; the goaler, if he be committed, 4 pence; and for the obligation 4 pence, and no [Page 71] more on pain of 40 pound. 23. H. 6. 10. Cro. 58. b. 176. b.

Bayliffes of liberties are to have like fees as the Sheriffes and their ministers have out of liberties, and like punishment for extortion. Lam. 334. 27. H. 8. 24. Lam. 413, 418. Cro. ibid.

Felo de se.

A man that kills himself, either with a mediated hatred against his own life, or out of distraction or other humour, is felo de se, and forfeiteth his goods reall and personall Chattels to the King, and debts due upon specialtie, but not upon simple contract or without specialtie. Dal. 208.

An infant or non compos mentis killing himself, doth not forfeit, but a lunatick doth. Dal. ibid. Lam. 240, 243. Lamb. 427.

All his goods shall be forfeited which he had at the time of the blow given, but not till his death be presented and found of Record. Dal. ibid.

He forfeiteth no lands, nor is his bloud corrupted. Dal. ibid.

The inquirie of felo de se belongeth to the Co­roner: but if the Coroner cannot have sight of his body, as being cast into the sea, or secretly buryed, the Justices of Peace may inquire thereof, and a presentment before them intituleth the King to his goods. Dal. ibid. Cook 5. 110.

Felonie.

Felonies are either by the

• Common law.
• Statute law.

By the common law all kinde of homicide not warranted, Burglarie; the stat. burning of houses, rescous, and escapes. Dal. 207.

Vide their severall titles.

Ferrets, vide Hunting.

Fewell.

One Justice of Peace may set on the Pillorie in the next market town to the place of offence, any person convicted of breaking the assize of fewell, and not able to pay the forfeiture, there to be at [Page 79] 11 of the clock on the market day with a billet or faggot bound to some part of his body. Quaere whether one Justice may convict him alone. 7. E. 6. 7. Lam. 184, 201. Lam. 296.

Fines.

Fine taketh his name of the Latine finis, for that it maketh an end with the King for the imprison­ment laid upon the offender for the offence com­mitted against him. Lam. 541. Lam. 574.

Upon payment of the fine, or upon pledges found a Recognizance to pay it, the offender ought to be delivered. Lam. ibid.

The assignement of fine belongeth to the Ju­stices before whom the conviction is lawfully had. Lam. 543, 576.

Stander by when a man was slain, is to be im­prisoned till he make his fine, because he did not his best to attach the murderer: so of other felo­nies. Lam. 124, 135, 285, 288. Lam. 132, 289.

Fine upon a forcible entrie or detainer upon of­fenders convicted of Record by a Justice of Peace, and by him committed to the goal, shall be assessed by the same Iustice, and upon bonds with sureties he may enlarge them. Tamen Quaere and estreat it, and send it into the Ezchequer, 162. but it is best to leave the fine to the discretion of the Kings bench. Lam. 150. 163. Lam. 159. Dal. 43.

Upon conviction for offences, where no fine cer­tain is limitted, no fine can be assessed till the of­fender be brought in by Capias pro fine, or other­wise, unlesse it be for Alehouses and high-wayes. Lam. 540, 554. Lam. 573.

Where any statute speaketh of fine and ransome, [Page 80] the ransome ought to be at least treble the fine. Lam. 542, 556, 575.

Where the statute maketh an offence fineable in generall terms, or at the Kings will, the Iustices of Peace before whom the conviction is had, may as­sesse the fine, 543, [...]57. which is fittest to be done in open Sessions. Lam. 544, 558, 576.

Fines upon the statute of tyles, of crossebows, and of alehouses, by expresse words of the statute may not be altered. Lam. 545, 559, 578.

Fines must be reasonable and just, according to the qualitie of the offence. 34. E. 3. 1. Lam. 544, 558, 577.

After one is taken by a Capias pro fine, the iustices of Peace are to assesse the fine by their discretion, and to deliver the partie. Lam. 541, 554, 574.

Fines of rioters, vide Riots.

Fines of Brewer, Baker, Tipier, vide Assize of bread.

Fish.

Stealers of fish out of ponds, and curters of ponds heads, are to be bound to the good behaviour, and 3 moneths imprisonment. 5. El. 21. Lam. 12 [...], 424, 429, 446.

If any cast nets into waters by which the frie of fish may be taken, or take Salmons betwixt the na­tivitie of Marie and S. Martin, or young Salmons betwixt the midst of April and Midsummer, one Iustice may punish them for the first offence, by burning their nets and engines; for the second, by three moneths imprisonment; for the third, by one yeares imprisonment; and for any of them, by fine at the discretion of the Iustice. 17. R. 2. 9. Lam. [Page 81] 134, 179, 430, 436, 557. Lam. 190, 454, 576.

Forfeitures upon the statute, 3. Jac. 12.

Where any offence is committed, in destroying the spawn or brood of sea-fish, a fine may be levi­ed by distresse and sale of the offenders goods, by warrant from one Justice of Peace to the Consta­bles or Churchwardens. 3. Jac. 12.

He that shall be preaching, teaching, writing, or shall notifie upon open speech, that the eating of fish, or forbearing of flesh upon any dayes now u­sually observed for fish-dayes, is for necessitie of salvation of souls, or is the service of God other­wise then other publick laws be, shall be punished as spreaders of false news are and ought, &c. 5. El. 5. 2. Jac. 25. Lam. 442.

Any publishing that eating of flesh on fish-dayes is necessarie to salvation, or otherwise then as a po­litick law, is to be imprisoned. 5. El. 5. Lam. 425, 426, 442.

Any except aged, sick, with childe, or licensed, eating flesh in Lent, or on fish-dayes, loseth 20 shill. and one moneths imprisonment. 5. El. 5. 27. Elis. 11. Lam. 433, 458.

Taverners, inkeepers, common tabling-house, tipler, or alehouse-keeper, offending against the statutes, 5. El. 5. and 2. Jac. 29.

Against killing, dressing, and eating of flesh, is to lose the flesh, and the penaltie of 5. Elis. 5. which is 5 pounds. 1. Jac. 29. Lam. 458.

Forfeiture upon the stature, 1. Jac. 29. for eating of flesh, except such as be taken by the Justice of Peace, Maiors, Bailiffes, head-officers or Consta­bles, are to be equally divided betwixt the King and the informer. 1. Jac. 29.

License granted to sick persons to eat flesh on [Page 82] fish-dayes, shall be no warrant for them to eat beef, mutton, veal, pork, or bacon. 1. Jac. 29.

Butcher or other, though licensed, killing in Lent to sel any ox, beef, hog, calf, or mutton, except three dayes next before Easter, or oxen, or beef for victu­alling of ships, loseth the meat or value. 1. Jac. 29.

Justice of Peace, or head-officer of corporations, or Constables of towns, may in Lent search victu­allers houses suspected of dressing flesh, and finding any flesh, beef, hog, calf, or mutton, may seise on it, and give it to the poore. 1. Jac. 29.

Flax.

Forfeiture due to the informer upon the statute, and hemp to belevied by what processe the Justice will. 24. H. 8. 4. Lam. 550, 565, 584.

Flesh, vide Fish-dayes.

Forrain power, vide Treason.

Forrain plea, vide Triall.

Force.

Force is two-fold.

Every trespasse in judgement of law is a force, and the action may be, Quare vi & armis. Dal. 166. Lam. 141.

That which is properly force is either

• Manu forti, or
• Multitudine.

Manu forti is violence offered to the person of another by deed or word. Dal. 166.

By deed, as actuall violence, or to be furnished with offensive weapons not usually born. ibid.

Any thing which a man taketh in his hand to throw it at another, may be said to be armour. Cro. 74. b.

Multitudine, when there be two or three in a companie, or more. Dal. 167.

Forfeitures of a recognizance taken for the Peace.

Whatsoever is a breach of the peace, the same is a forfeiture of the recognizance, Dal. 148, as,

1 To threaten a man to his face to beat or kill another, Dal. 148. Cro. 136. b. Lam. 115. but not if he be absent. ibid.

2 To strike at, or offer to strike at a man, though he hit him not.

3 All affrayes, malicious and violent striking, or other misintreatings of the person of another. Dal. 148. Lam. 127.

4 To go with companie or weapons unusuall. Dal. ibid. Cro. 137. a. Lam. 126.

5 To command or procure another to break the Peace, and if it be done in deed. Dal. 148. Lam. 115. Cro. 137. a.

6 Imprisoning or arresting another without warrant. Dal. 148. Lam. 127.

To thrust one into the water, whereby he is in danger of drowning.

To ravish a woman against her will.

To commit burglatie, robberie, murder, man­slaughter, or do any treason against the person of the King. Dal. 149. Lam. 127.

To be riotously assembled.

The act that breedeth the forfeiture of a reco­gnizance of the Peace, must be done unto the per­son of another. Dal. 149.

Of a recognizance, vide recognizance, vide plus breach of the Peace and Fines.

One committed for pettie larcenie, and convict­ed thereof, shall forfeit his goods. Lam. 273. Dal. 230. Cro. 36. b.

Forfeitures upon statutes, vide Severall statutes.

Forgerie.

Second forgerie of deeds concerning anothers land after a former conviction is felonie, 5. El. 14. but not enquirable by the Iustice of Peace. Lam. Dal. 244. Cro. 56. b.

Forrain Plea.

One indicted of pettie treason, [...]rder, or other felonie, pleadeth a forrain Plea triable by Jurie, it shall be tried before the Iustices before whom he was indicted, and by the jurours of the same Coun­tie. 22. H. 8. 14. 32. H. 8. 3. Lam.

Forrester killeth any man in his office making resistance, it is justifiable. 21. E. 1.

Forestalling and Forestallers.

Forestaller is he that buyeth or contracteth for any victuals or wares before they come to the mar­ket, faire, or port, or moveth the partie to the price, or not to bring them to the market, faire, or port. Lam. 450.

Forestaller convicted before the Iustice of Peace at the quarter Sessions by examination of two wit­nesses, or presentment for forestalling, for the of­fence shall

1 Lose the goode, and be imprisoned 2 moneths without bail or mainprise.

2 For the second lose double the goods, and be imprisoned for 6 moneths.

3 For the third lose all his goods, stand in the pillorie, and be imprisoned during the kings plea­sure. 5. E. 6. 4. Lam. 570.

The moytie of the forfeiture upon the statute of forestallers due unto the partie, is to be levyed by Fieri facias or Capias to be awarded by the Iustice of Peace. Lam. 584.

Fowlers and Fowling.

Shooter, taker or destroyer by gunnes, bows, set­ting dogs, nets or other engines, of any Phesant, [Page 97] Partridge, Pigeon, Heron, Mallard, Duck, Teal, Wigeon, Growse, Heathcock, Mooregame or such fowls, upon conviction by confession or oath of two witnesses before two Iustices of Peace where the offence or apprehension is, to be imprisoned 3 moneths without bayl, unlesse he pay to the Churchwardens of one of the places, to the use of the poore, 20 shillings for every Phesant, and also for every egge of Phesant, Partridge, or Swan taken or destroyed, or after one moneth of his commitment become bound with two sureties in recognizance of 20 pound never to do the like, the same recognizance to be returned to the quarter Sessions. 1. Jac. 27. Lam. 334. Dal. 67.

Vide Partridges and Phesants.

Games, vide Unlawfull games.

Goal, Goaler.

GOaler or Sheriffe may make a goal of his own house; so cannot a constable not Iustice of Peace. Lam. 133. Dal. 129.

Goaler suffers a felon to go at large, and he es­capes; it is felonie in the goaler, not in the priso­ner. Lam. 229. Dal. 239. P. R. 147, 149.

Goaler by hard and cruell custodie compells his prisoner to become an approver; it is felonie. 14. E. 3. 17. Lam. 231, 420. Dal. 244. Cro. 49. a.

Goaler killeth [...]n unruly prisoner which doth assault him; it is no felonie. Lam. 235.

Goaler by hard usage killeth his prisoner; it is murder. Lam. 240.

Goaler that taketh above 4 pence upon commit­ment [Page 98] of any prisoner arrested or attached, forfeit­eth 40 pounds. Lam. 23. H. 6. cap. 10.

Goaler or Sheriffe refusing to take a felon deli­vered by Constables or Township, or taking any thing for receiving, is to be fined. 4. E. 3. 10. Lam. 434.

Six Iustices may in sundry shires take order for the common goal, whereof the Sheriffes shall have the custodie, and to which murde [...] and fe­lons, &c. shall be sent, and may perform many in­cidents thereto by the statute. 23. H. 8. cap. 2. 13. Elis. 25. Lam.

Accountant for money levied for the goal to build it, goeth into another countie; the Iustice of Peace where the goal is, may send an attachment for him unto another shire. 33. H. 8. cap. 5. 5. Elis. 24. Lam. 525.

Goaler suffereth a prisoner to go abroad out of his sight, and he returneth again; it is an escape. 240. Cro. 39. b.

Goaler refuseth to receive one arrested for felo­nie, the town must keep him till the goal-delive­rie, Dal. 289. Cro. 172. a. but the goaler denying to receive such, shall be punished by the Iustices of goal-delivery. ibid.

Goaler shall take no fees of any servant, car­penter, mason, nor other labourer committed for refusing to serve, on pain of 10 pound to the King and 100 shill. to the partie. 34. E. 3. 9. Cro. 185. a. b.

Glassemen.

Glassemen of honest life may travell without begging within the countie, by license of 3 Iu­stices under their hands and seals, one being of [Page 99] the Quorum, 39. E. 24. but by 1. Jac. 7. they are made rogues, and so to be punished.

Goldsmith.

Goldsmith, or worker of gold must work as fine silver or gold in allay as the sterling, and set his mark on it, or forfeit the double value. 2. H. 6. 14. Lam. 467.

Non [...] [...]o gild any thing or any metall but silver, except spurres of Knights, and apparell of Barons or above, on pain of 10 times the value and a yeares imprisonment. 8. H. 5. 3. Lam. 467.

Good abearing.

Good abearing may be granted upon discretion, and that by one Iustice of the Sessions; yet better not to command it but upon speciall cause seen to themselves, or upon suit of others, and those very honest, and seldome for one cause alone, and not by one Iustice onely. Lam. 120. Dal. 159.

Good behaviour may be granted by speciall writ out of the Chancerie, Custodibus pacis & vi­cecomiti & eorum cuilibet, upon the statute of 34. Ed. 3. 1. Lam. 117. Dal. 159.

Greyhounds, vide Hunting.

Gunnes and Gunners.

Gunner that departed from his Captain without license, or wandring with a forged license, it is fe­lonie. Lam. 427.

Every person may attach an offender against the statute, 133. H. 8. 6. and carrie him to a Iustice of Peace. Dal. 49.

And the Iustice upon examination may send him to the goal till the penaltie be paid.

Hares.

BUying and selling of Hares, vide Partridges: see the statute, 1. Jac. 27. in fowlers.

Harnesse and habiliments of warre.

To imbezell habiliments of warre or victuals provided for souldiers, mariners, or gunners, is fe­lonie. 3. El. 4.

Hart proclaimed, vide Deere.

Harvest time.

Artificers and other persons meet to labour, com­pellable by one Iustice of Peace or Constable; and the refuser to labour in hay time or harvest, to be put in the stocks two dayes and one night. Lamb. 475.

Hawks and hawking.

Unlawfull taker of Hawks egges is to have 3 moneths imprisonment, there to remain till he finde sureties for the good behaviour for 7 yeares. 5. El. 21. I am. 446.

Taking of hawks egges upon ones own grounds or anothers, or any Eirer, or driving them out of their covert, or bearing any hawk of the breed of England, called a Nyesse, Goshawk, Tassel, Lan­ner, Lanneret, to be imprisoned a yeare and a day, and lose ten pounds and the hawk. 11. Hen. 7. 17. Lam. 446.

Every Justice of Peace may examine the offen­ces for hawking or hunting with spaniels in eared or codded corn, and binde over the offender with sureties to the next Sessions. 23. Elis. 10. Dal. 50. Lam. 447.

Against hawking at phesant or partridge be­tween the first of Iuly and last of August, vide 7. Jac. 11. & Partridges.

Vide plus Larcenie, & Felonie.

Hay and Oats.

Inholder taking any thing for litter, baking horse-bread, except in town or village being a through-fare, and being no citie, town-corporate, or market-town, the same to be of assize and weight after the price of corn and grain in the market, or sell horse-bread, hay, oats, beans, pease, provender and all kinde of victualls both for man and beast for reasonable gain; for the offence,

1 Fined.

2 Imprisoned for a moneth without bail.

3 Stand on the pillorie without redemption of money.

4 Fore judged for keeping inne again. 21. Jac. 21.

Hedge-breakers.

Breakers and cutters of hedges, pales, rails, or fences, cutters and carriers away of corn growing, robbers of orehyards or gardens, pullers up of fruit trees, with intent to carry away, cutters or spoilers of woods, poles, or standing trees, convicted be­fore a Iustice by confession and one witnesse upon oath, are to render such damage as the Iustice shall limit; and if not able, to be whipped by the Con­stable, who for default in his office, is to be com­mitted without bail, till he cause it to be done. 43. Elis. 7.

No Iustice to proceed against such trespasses for offences done to himself, without instance of ano­ther. ibid.

The second offence is whipping. 43. Elis. 7.

High-wayes.

One Iustice may cause high-wayes to markets to be enlarged, and cleansed of bushes and trees. 13. Elis. 1. 5. Dal. 51.

Every Iustice may present upon his own know­ledge in open generall Sessions, any highwayes in­sufficiently repaired, or any default against the sta­tute 2. and 3. Ph. and Mar. 8. and 5. Elis. 13. and such presentment is as good as the presentment of twelve men; and thereupon the Sessions may assesse the same, though the presented be absent, saving to the offender his traverse. Dal. 51. Cro. 125. b. 195. a

Homicide.

Homicide is the killing of a man by a man. Dal. 207.

It is no difference whether the slain be alien, de­nison, or English man, if he lives under the Kings protection. Dal. ibid. Cro. 21. a. Lam. 237.

To kill one attainted of treason or of felonie, or outlawed for felonie, or attainted in Premunire, is felonie. Dal. 207. Cro. 24. 3.

Homicide is either killing himself, felo de se, or another.

Felo de se forfeiteth to the King his goods and chattels reall and personall, and his debts due by speciall, Dal. 208. but no lands, nor bloud corrupt­ed. ibid.

His goods are not forfeited till his death. ibid.

Infant or non compos mentis do not forfeit; but a lunatick killing himself out of his lunacie, doth forfeit his goods. Dal. 208.

Homicide of another is

• Voluntarie,
• Involuntarie.

Voluntarie is

• Murder, vide Murder.
• Manslaughter.

Manslaughter is when two fight together upon the sudden, without malice precedent, and one of them doth kill the other. Dal. 214. Cro. 26. a. Lam. 247.

Manslaughter

• by Chancemedley, or
• Se defendendo, his person, house, & goods.

Manslaughter by Chancemedley is felonie, but may have his clergie. Dal. 214.

One fighting breaks his weapon, a stander by lends him another, whereby the other is killed; it is manslaughter in the lender. Dal. ibid. Cro. 26. b. Lam. 252.

Two fighting on the sudden part, and meet again, [Page 109] one killeth the other; it is a continued fray. Dal. ibid. Cro. 23. b. 24. a. 26. Lam. 250.

The servant fighting in his masters defence, though there were malice in the master not told to the servant, Lam. 248. so a stranger suddenly taking part. Lam. 248.

Two that were in malice are reconciled, fall out upon new occasion, and one is killed; it is man­slaughter onely. Dal. 215. Lam. 250.

Se defendendo, when one killeth another in the necessarie defence of himself or his, thereby to save himself or his possessions or goods, or some other persons which he is bound to defend from perill: and it is either against a felon, as murderer or thief, or a loyall subject. Dal. 220. Lam. 252.

Against a loyall subject, if he be assailed by an­other man, he must flie so much as he may till he be letted by some wall, ditch, hedge, preasse of people, or other impediment, that his necessitie of defence may seem inevitable, and he shall be com­mitted till the time of his triall, lose his goods, and seek his pardon. Lam. 153. Dal. 221. It is not materiall though he strike again, if before he give any deadly wound he flie to the strait.

Neither is it materiall though there were former malice, unlesse he lie in wait for the other, or agree for the place of fight, or strike the first stroke. Lam. 253. Dal. 221.

Or assaulted in his own house upon a sudden quarrell, or thereby killeth him, Lam. 254. but he forfeiteth his goods and must have his pardon, ex­cept the assaylant came with a felonious intent to kill or robbe him. Dal. 221. Cro. 28. a. Lam. 254.

A man falleth to the ground, there his flying to a strait is not necessarie. Dal. 225.

An officer or minister of Justice, in executing his office being assaulted, is not bound to flie. Dal. 214.

A servant killing him who robbed or killed his master, so it be done presently, or in defence of his masters person or goods, if it cannot otherwise be avoided. Dal. ibid. Cro. 28. a.

Forrester, Parker, or Warrener, or any in their companie, killing an offender in a Forrest, Park or Warren, after hue and crie to keep the Peace, if they yeeld not themselves, or flie, or defend: them­selves by violence, is no felonie. Dal. 222. Quae­re if there be no malice in the keeper. Cro. 30. b.

It is justifiable by me, my servants or compa­nie, to kill one who attempteth feloniously to murder or rob me in my dwelling house, or in or neare a high-way, horse-way, or foot-way, or bur­glarily to break my house in the night. Dal. 220. Cro. 27. Vide Lam. 249. of one entring by force in the day, and killing in the dark.

To shoot at him that cometh to burn my house, is justifiable in me or my servants. Dal. ibid. Cro. ibid.

In defence of the possession of my goods, I may justifie to beat him that wrongfully taketh them, but not kill him, except he be a thief. Dal. 224.

To kill a true man, in defence of house, land, or goods, is manslaughter. Dal. ibid. Cro. 20. b.

Involuntarie homi­cide is by

• misadventure,
• necessitie.

By misadventure is, when a man doing a law­full act, without any evil intent, killeth a man: this is not felonie of death, but he shall have his par­don of course for life and lands, but forfeiteth his goods. Dal. 216.

A schoolmaster, father, mother, or master, cor­recting moderately his scholer, childe, or servant; Shooting at pricks, buts, or lawfull mark; A work­man casting tyle, timber, or stone from a house, or any thing from a cart and giving warning, or do­ing other lawfull thing and giving warning.

Running at Tilt, or fighting at Barriers by the Kings command.

The killing of a man in doing of an unlaw­full act, without evil intent, is felonie, as shoot­ing arrows, casting stones into high-wayes or other place whither men usually resort. Dal. 217.

Fighting at Barriers, or running at Tilt without the Kings command.

Quaere if playing at hand-sword, bucklers, foot­ball, wrestling, and such like, whereby a man is slain or receiveth hurt, and dieth within the yeare and day, be felonie of death, or may have their par­don of course. Quaere similiter of casting a stone at bird or beast.

A man may be slain by the fall of a house or tree, &c. and killed by a bull, bear, horse, dogge, &c. or by some fall which he taketh, Dal. 218. if it be through the wilfull default of another, it is fe­lonie.

The thing which causeth the death is a Deo­dand, and so forfeited to the King. Dal. 218. Cro. 31. a.

The forfeiture hath relation from the stroke given Deodands are not forfeited till the matter is found on record. Dal. 218.

The Jury which findeth the death of a man, must finde and apprize the Deodand. It behoveth the town to see it forthcoming; for the Sheriffe shall [Page 112] be charged with the price, and shall levy the same on the Town. Dal. ibid.

If the slain be under 14 yeares of age, nothing is forfeited as a deodand. Dal. 218.

Homicide by necessitie is

• Commanded,
• Tolerated.

An officer doth execution after judgement, ac­cording to his warrant; it is not properly homi­cide, but justice. Dal. 219. Lamb. 234.

If the officer doth not observe order of law, it is felony in the officer. Dal. 219. Lamb. 24.

One warranted to arrest one endited of felony, upon resistance killeth him. Dal. 219. Ed. 3. a. Lam. 232.

Every private person upon hue and cry to take a felon, if he resist and will not yeeld, may kill him.

Conducters of a felon to the Goal, upon resi­stance or fight may kill him. Dal. 220.

A prisoner in the Goal attempteth to escape, and striketh the Goaler, he killeth the prisoner; it is not felony. ibid.

Riotters, forcible enterers or detainers, that shall resist the Justice of Peace or other the Kings offi­cers, and will not yeeld themselves, being slain, it is no felony. Dal. 220. Cro. 23. 30. b. 158. Lam [...]. 215.

If an officer, by vertue of the Kings processe, ar­resting one for debt or trespasse, is resisted, and killeth the resister, it hath been taken to be no fe­lony. Dal. 220. Cro. 24. a. 30. b. Quaere.

In all these former cases there must be inevitable necessitie, that the offender could not be taken without killing. Dal. 220.

Horses and Mares.

Any Iustice may heare and take the claim of the owner of any horse, &c. which was stollen within six moneths after the sale thereof, the proof to be made by two witnesses upon oath within two dayes next ensuing the said claim. Dal. 56. Lamb. 203. Elis. 12.

The Iustice of Peace may minister an oath to the buyer what money he paid, bonâ fide, so as the right owner repaying his money may have his horse again. Dal. ibid.

Owner, officer, or ruler of any faire, is to ap­point an open place for sale of horses, &c. and a sufficient person to take toll, or lose 40 shill. for every fault, and answer the party grieved. 2. 3. P. & M. Lamb. 71.

The sale of every horse not being according to the statute in every point, is void. Dal. 56. Lamb. 412.

1 The horse must be one houre at the least in the place of the open faire.

2 All the parties to the bargain being in the faire, must come with the horse to the book-keeper.

3 The book-keeper must take perfect know­ledge of the seller and of the voucher, of the Christian name, sirname, mysterie, and place of dwelling.

4 The voucher must know the seller indeed, and declare to the book-keeper the Christian name, sirname, mysterie and dwelling, aswell of himself, as of the seller.

5 The book-keeper must make a true and per­fect entry of the sellers name and place of dwell­ing, &c. and of the true price, forfeiture. 31. El. 12.

Every contract for a stollen horse out of the faire is void, though it be after booked. Dal. ibid.

A sale in open market shall not take away the owners propertie, the buyer knowing that it was anothers. Dal. 56.

All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kinde, to alter the propertie. Dal. ibid.

A thief selleth a stollen horse by a false name, and is so entred in the toll-book; such misnaming maketh the sale void against the owner. Dal. 73. Edit. 1626.

Horse-bread.

Inholder in a corporate or market Town, where there is a common baker that hath been an ap­prentice therein 7 yeares, may not make horse-bread within his house. 32. H. 8. 41. 21. Jac. 21.

Inholder or ostler in a through-fare town, being no city, town corporate, or market town, being a baker and one that hath been an apprentice there­in 7 yeares, may make horse-bread within his house. 21. Jac. 21.

The horse-bread must be sufficient, lawfull, and of due Assize, according to the price of corn. 21. Jac. 21.

Penaltie

• 1 Fine.
• 2 Imprisonment for a moneth with­out bayl.
• 3 Stand in the pillory without re­demption of money.
• 4 Forejudged for keeping Inne again. 21. Jac. 21.

Vide Inneholder.

Hospitall.

The Bishop and Chancellour, with 2 Justices of Peace next inhabiting, may charge the collectors of a revenue of an Hospitall, upon a pain, presently to account and to imploy the surplusage to the use of an Hospitall. L. 556. 14. Elis. Case 5. 39. Elis. 18.

Hospitality, vide Religious house.

House.

1 A mans house is his castle for defence. D. 177.

2 It protecteth against any arrest at the suit of any subject. ibid.

3 In some cases it is a priviledge against the Kings Prerogative; for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the Kings consent. ibid.

Theeves or murderers attempting to rob or murder a man in his house, he may assemble com­pany & kill any of them, and forfeiteth nothing. ib.

He may beat him that will enter upon his pos­session, but may not kill him. Quaere if he may hire strangers to aid him, or put his ordinary company in armour, Dal. 177, 178.

Vide plus Homicide.

House of Correction.

House of Correction with implements and backsides, fitting for setting on work idle persons, to be erected and provided in a convenient place in every county before Michael. 1611. the same to be conveyed over to such as by the greatest part of the Iustices at the Q. Sessions shall be chosen to be imployed for setting on work idle and disorderly persons, on pain of 5 pound for every Iustice of Peace, the one moytie to the informer, the other towards the erecting of the house. 7. Jac. 4.

Master of the said house to be appointed by most of the Iustices of the Q. Sessions, next after pro­viding of the said house, who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him. 7. Jac. 4.

Constables shall appeare before the Iustices of Peace twice in the yeare, and give account upon oath in writing, under the hand of the minister, what rogues have been apprehended, and how many punished. 7. Jac. 4.

Master of the house of correction giving suffi­cient securitie for performance and continuance of his service, is to have yearely such money as by most of the Iustices at Q. Sessions shall be thought meet, to be paid quarterly by the Treasurer, or els the master to levy it in such sort as the Trea­surer may. 7. Jac. 4.

Constables not safely conveying to the house of correction such as by the Iustices of Peace at their meeting for the execution of the statute, 7. Jac. 4. shall be sent thither, to pay such fine under 40 shill. as by most of the Iustices shall be assessed. 7. Jac. 4.

A woman, having a bastard which may be chargeable to the parish, for the first offence to be sent to the house of correction one yeare, for the second offence to be sent to the house of corre­ction, and to remain there till she finde sureties for the good behaviour, and not to offend so a­gain. 7. Jac. 4.

Any able to work and threatning to runne away and leave their families upon the parish, upon oath of two witnesses before two Iustices of the said di­vision, to put in sureties for discharge of the parish, or to be sent to the house of correction. 7. Jac. 4.

Master of the house of correction quarterly at the Sessions must yeeld account of such as have been committed, or is to be fined by most of the Iu­stices. 7. Jac. 4.

If any committed become troublesome to the countrey by going abroad, or escape without law­full delivery, the master is to be fined by most of the Iustices at the Q. Sessions. 7. Jac. 4.

All penalties not limitted by the statute, 4. Jac. 4. shall be payd to the Treasurer and accounted by him. 7. Jac. 4.

Vide plus Poore people.

Hunting.

One Justice of Peace, upon information of any unlawfull hunting of Deere or Conyes by night, or with painted faces, or other disguising in forrest, park, or warren, may make warrant to the Sheriffe, Constable, Bayliffe, or other officer, to take the party suspected, and to bring him before him or some other Justice to examine him thereof: and if he conceal the hunting or any offender with him therein, the concealment is felony in the con­cealer, but the truth confessed is but fineable at the next Q. Sessions. 1. H. 7. 7. Dal. 57. L. 191.

To disobey such a warrant, or make rescous thereupon, is felony. 1. H. 7. 7. Dal. 57.

The Justice of Peace that taketh examination of the offender, may after the examination binde the offender to his good behaviour, to the end he be forthcoming till the offence and the offenders be lawfully examined. Dal. 57.

Unlawfull hunting by 3 or more will grow a riot. Dal. 57.

Any by night or day wrongfully entring into any inclosed ground, kept for keeping of Deer or Conyes, and there chasing or killing of them, upon conviction to be imprisoned 3 moneths without bayl, and there to continue till he pay treble damages and costs to be assessed by the Iustices be­fore whom he is convicted, or pay to the party grie­ved 10 pound at the election of the party grieved, 7. Jac. 13. and finde sureties for his good behaviour 7 yeares. 3. Jac. 13. Lamb. 441.

The party grieved, or the Iustice of Peace, upon satisfaction of the party grieved, and confession of his offence, and that he is sory for the same, in open Sessions may release the offender of his bond for the good behaviour. 3. Jac. 13.

The statute 3. Jac. 13. doth not promise offen­ders in parks or inclosed grounds made after the statute, without the Kings license. 3. Jac. 13.

Enquiring, hearing and determining of offences against the statute 3. Jac. 13. may be made by the Iustices of Peace and Peace and Goal-delivery at the Sessions, and they may award processe upon enditements, in­formations, bills of complaint, or other actions wherein no essoin, &c. 3. Jac. 13.

Any not having lands of inheritance in his own or wives right, of the cleare yearly value of 10 po. or for term of life of 30 po. per annum, or goods to his own use worth 300 po. keeping Greyhound to course deer or hare, except the sonne of a knight or Baron of parliament, or sonne and heir of an Esquire, upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 moneths without bayl, except he presently pay to the Churchwardens where the offence was committed [Page 119] or party apprehended, 40 shill. to the use of the poore of the said parish. 1. Jac. 27.

Any having lands in fee simple or fee tayl of a 100 po. per annum, finding any not having lands of 40 po. per annum; nor worth 200 po. in goods, to use any gun, bow, dogs, or engines for killing of deer or hare, except parker or warrener, or owners of either of them, or other grounds inclosed for deer or conyes, that shall be yearely worth 40 shill. may take any their gunnes, bowes, engines and dogges, and keep them to his own use. 3. J. 13.

Lay person not having lands per annum, spiri­tuall person a benefice not above 10 po. per annum, keeping dogs to hunt, or using ferrets, &c. shall be imprisoned for a yeare. 13. R. E. 13. Vide Parks.

Hundred.

Hundred with the liberties therein to be equally taxed by 2 Iustices of Peace, one to be of the Quo­rum, in or near the hundred, for relief of those that are robbed. 27. Elis. 13. Dal. 104, 256.

The robbed shall not have his action upon the statute of 27. Elis. 13. except he first with all speed convenient give notice of the robbery to some in­habitant near the place where he was robbed.

2 Commence his suit within a year next after such robbery committed.

3 He being examined upon his oath within 20 dayes next before such actions brought by one Iust. where the robbery was committed, dwelling near to the hundred, if he knew the robbers or any of them.

If he knew any of the robbers before such action, he shall be bound before the said Iustice to prosecute the offenders effectually by enditement, or otherwise by course of law. Dal. 104.

The hundred must answer the losse, if the robbers be not taken within 40 dayes. Dal. 104, 256. Cro. 179. a.

A man is slain out of a town, and the murderer doth escape, the hundred shall be charged there­with. 256.

Jurie of one hundred may present an offence done in another hundred. Lam. 399.

Hue and Crie.

For the apprehending of homicides, burglars, robbers, and other felons, hue and crie shall be made, and every man shall follow the hue and crie; and he that doth not, shall be attainted to appeare. before the Justice of goal-deliverie. It seemeth any Iustice of Peace may binde him over by the com­mission. Dal. 256. Cro. 179. b.

Hue and crie ought to be made from town to town, from countrey to countrey, by horse-men and foot-men, 13. Ed. 1. 12. 27. El. 13. Dal. 57. Cro. 178. b. 179. and upon committing of any rob­berie or felonie, the officer of the town where it was done, ought to send hue and crie to every town round about him. Dal. 57. Cro. 178. b.

Every Iustice of Peace may cause hue and crie, fresh suit and search to be made upon any murder, robberie, theft, or other felonie committed, by force of the first assignavimus. Dal. 39, 57. Lam. 185.

By a false hue and crie to enter into any house with the Constable, to binde and robbe the Con­stable and master of the house in the night, is burglarie. Lam. 263. Vide plus Robberie.

Jesuites & Seminarie Priests.

ANy Justice of Peace within the Countie in which any Jesuites, Seminarie Priests, or other Priests, Deacons, religious or Ecclesiasticall person shall arrive or land, may within three dayes after take the submission, oath, and acknowledgement of him touching his obedience to the King and laws provided in cases of religion. 27. El. 2. Lam. 189. Dal. 80.

Every one understanding that any such Priest, &c. shall be within any of the Kings dominions, ought to discover the same to some Justice or other superi­our officer, within ten dayes after such knowledge, under the pain of fine and imprisonment; & the Ju­stice within 28 dayes must give information thereof to one of the privie Councell, on pain of 200 marks. 27. El. 2. Lam. 198.

Two Justices of Peace of the countie where any of the Kings subjects that are no Jesuites, &c. brought up in any Colledge of Jesuites, or in Semi­naries, shall arrive within six moneths after procla­mation made to that end, may within two dayes after their return take their submission under the oath of alleagiance. 1. El. 27. El. 2.

To receive Jesuites or Seminarie Priests, con­trarie to the statute, is felonie. 27. Elis. Lam. 414.

Any within three dayes after the offence com­mitted, discovering to any Justice of Peace any Re­cusant, Seminarie, or popish Priest, or any Masse to have been said, any of them then present there, and by reason of his discoverie any offender be taken and convicted, shall be freed from the danger of the offence, and have the third part of the forfei­ture by such offence. 3. Jac. 5. Lam. 199. Dal. 81.

Imprisonments, vide Prison.

Indictments, vide Enditements.

Information.

Information against a felon, whether he shall be taken by oath or no, is uncertain: but Lam. 213, 214, 215. and Dal. 264. and Cro. 194. a. do best allow it by oath.

No proces can be awarded upon information of a private person, unlesse where the statute particu­latly warranteth enquirie by information, at the statute of 5. Elis. 4. of labourers, 5. Elis. 21. of taking of fish, deer, or hawks.

Information of such as bring a felon, must be taken by a Iustice of Peace: so much thereof as is materiall he must put in writing within two dayes after the examination. Dal. 159. Lam. 212.

Two inform against another in matter of fe­lonie, and do varie in their talks, viz. in the day and place when and where it was commit­ted; such information is not to be credited. Dal. 26. Cro. 100.

The bringer of the suspected will not inform, it is meet to binde him over to give evidence, Dal. 262.

Form of a recognizance for the informer against a felon, Lam. 214, 216.

Informers, and Promoters.

Informer compounding for any offence against a penall law, without consent of some of the Court of Westminster, or willing the delaying or [Page 123] discontinuing a suit, loseth 40 pound, and is to stand in the pillorie being convict thereof at the Quarter Sessions. 18. El. 5. 27. El. 10. Lam. 439, 609.

Ingrosser.

Ingrosser is he that by any contract, unlesse by grant of land or tithe, buyeth corn on the ground or other dead victualls, to the intent to sell them again, except buyers of barley or oats, to make malt or oatmeal. Victuallers not forestalling, Badgers and Drovers not abusing their lawfull li­cense, buyers of forrein commodities, except fish & salt, are excepted. 5. Ed. 6. 14. Elis. cap. 15. 13. Elis. 15. Lam. 451.

Inneholder.

Inneholder taking any thing for litter, or exces­sively for hay, or above a half penie a bushel above the market for oats; loseth foure times the value of the overplus. 13. R. 1. 8. 4. H. 1. 25. Lam. 473. repeal­ed. 7. Jac. 21. Vide plus Horse-bread.

Inneholder or alehouse-keeper may be compel­led by a Constable to lodge strangers. Dal. 28. edit. 1626.

Inneholder that suffereth a non-inhabitant to tipple in his house, shall incurre the penaltie limit­ed, 1. Jac. 9. 1. cap. 4.

Innekeeper, taverner, victualter, is within the statute, Jac. 9. 4. Jac. 1. cap. 4.

Inmates, vide Cottages.

Inrolment.

One Iustice of Peace may joyn with the Clerk of the Peace in taking of an inrolment of an in­denture of bargain and sale of lands, &c. lying in the same Countie, 11. H. 7. 15. and is to have 12 pence if the land exceed not in value 10 shillings a yeare; and if it do, then 2 shill. 6 pence; and taking above, fined. 17. H. 8. 15. Lam. 196, 369, 393. 436.

Issues.

The Sheriffe that gathereth other estreats of is­sues then of right are due, forfeiteth 5 marks to the King, as much to the partie. 27. Elis. 7. Lam. 32. Forfeitures of issues by jurours are to be levyed by Records of execution awarded by the Iustice of Peace. 27. Elis. 7. Lam. 585.

Judgement.

Ambiguitie arising in judgement, the Iustice of Peace shall forbear to proceed till the Iudges come; but if they will proceed, the judgement is not void but must be reversed. Lam. 568.

Where the statute appointeth a punishment, there judgement must be according to the statute upon trespasse, riots, and such other offences: where no forfeiture is prescribed, judgement is to be taken and ransomed. Lamb. 510.

Vide plus the severall offences.

Iuglers, vide License.

Jurours.

Iurours both for enquirie and triall, ought to be Probi & legales homines. Lam. 396.

Justices of the Peace.

Iustices of Peace were created 1. Ed. 6. 3. 16. Dal. 4. Lamb. 20.

Iustice of Peace is Iustice of Record. Dal. 415. Cro. 120. a. Lam. 62.

He may take a recognizance of Peace, which none can do but a Iudge of Record. Dal. 6. Lam. 186. Cro. 196.

His warrant is not disputable by the Constable, Dal. 6. Lam. 65. Cro. 147. b. but it is to be under­stood when the Iustice of Peace hath jurisdiction of the cause. Dal. 6, 292. Cro. 147. b. Lam. 65, 91.

His testimonie in some cases is of as great force, and in some cases greater then an indictment of 12 men upon oath, as in the cases of force, riots, presentments of high-wayes. Dal. 6. Lam. 65.

The authoritie granted to Iustice of Peace by commission doth determine by oath of the King, at the Kings pleasure. As to be discharged by wi [...] under the great seal. 2 By Supersedeas. 3 By grant­ing a new commission and knowledge thereof. Dal. 8. Cro. 188. a Lamb. 77.

2 By publishing the new commission at Assizes or Sessions, or any countie court.

3 By holding open Sessions by vertue of the new commission. Dal. 8. Cro. 188. a. Lam. 69.

Exercising the office of a Justice of Peace before oath taken, is fineable. Dal. 11, 304.

Justice of Peace hath not authoritie but in the countie where be is Justice. Dal. 21.

Justice of Peace is not to meddle with offences done out of the countie, Dal. 16. Cro. 120. b. except some statute enable him, or some matter of Peace or Felonie. Dal. 21.

Justice of Peace is not to intermeddle in any ci­tie or corporation, which have their proper Justices. Dal. 21. Cro. 8. a. 181. b. 189. 2.

Justices of Peace ought not to execute their of­fices in their own case. Dal. 304. Cro. 68. a. Yet a Justice of Peace being assaulted, may commit the offender to prison. Dal. 128, 304. Cro. 68. a. Lam. 134.

So Crompt. thinketh that a Justice of Peace may record a forcible entry made upon his own possessi­on, and commit the offender. Cro. 67. b. 68. a.

Justice of Peace chargeth one that maketh an assault or affray, to keep the Peace; who answereth, he will not; the Justice of Peace may binde him to his good behaviour. Dal. 162.

Iustice of Peace must proceed by the prescript of the commission and statute. Dal. 18.

Where the statute referreth the triall, &c. to the Iustice of Peace his discretion, it seemeth he may examine upon oath. Dal. 20, 121.

One Iustice of Peace ought not to binde one to appeare at the Qu. Sessions to answer his fauit committed against a penall law, except the statute of Labourers. Lam. 187.

Every Iustice of Peace is a conservatour of rites within his countie. Lam. 18, 9.

Iustice of Peace not giving remedie to the partie [Page 129] grieved in a cause that may be heard, determined, and executed by him, upon complaint to the Iudges of Assize, or the Lord Chancellour, is to be put out of commission by the Lord Chancellour, and punished according to his desert. 4. Hen. 7. 12. Lam. 330. Dal. 305.

One Iustice of Peace may command fresh suit, hue and cry, and search to be made by officers and others, after theirs, robberies, enjoyn watches for the arresting of suspected persons and night-walk­ers, high-wayes to be enlarged, that two Consta­bles be chosen in every hundred, forbid faires and markets in Churchyards, command all between 15 and 60 to be sworn to the peace, charge the Con­stable to arrest all such as be suspected to be draw­latches. Lam. 185.

Iustice of Peace taking bond in his own name, and not anno Regis, in a cause touching the King, is to be imprisoned. 33. Hen. 8. 39.

Iustices of Peace at their Sessions are of equall authoritie. Lam. 385. Vide Cro. 122. ann. 33.

The authoritie of a Iustice of Peace doth cease, 1 by the Kings death; 2 by the expresse will, viz. by writ under the great Seal, or supersedeas; 3 by being left out of the commission; 4 by accession of another office, as being made Sheriffe, or Coroner of the countie. Dal. 89. Cro. 121. ann. 314.

Iustice of Peace must send his prisoners to the common goal. Lam. 133. Dal. 30. 125.

A felon is brought before a Iustice of Peace upon suspicion, though it appeare to the Iustice he is not guiltie, yet he may not set him at libertie, but so as he may come to his triall, Dal. 260, 305, 242. Lam. 233. Cro. 40. b. 100. b. otherwise it will prove a voluntarie escape in the Iustice; for he is [Page 130] not to be delivered by any mans discretion. Dal. 8. Lam. ut suprá.

A man is arrested for felonie by a Constable or other, who afterwards hath knowledge that there is no such felonie done, the opinion of Keble was that he might set him at libertie: but if one be kil­led, and another be arrested for suspicion, though after he know the arrested is guiltlesse, or was arrest­ed for malice, he ought not to set him at libertie, but must be delivered by course of law, otherwise it is felonie. Cro. 40.

Labourers and Servants.

ONe Justice of Peace may cause all artificers and other persons meet to labour, by his dis­cretion, to work by the day in hay and corn-har­vest time, or imprison the refusers in the stocks for two dayes and one night. 5. Elis. 2. Dal. 59.

The Constable refusing to stock them loseth 40 shill.

One Justice of Peace under his hand and seal may license labourers in hay and harvest time to go into another countrey to work. Dal. 59.

One Justice of Peace upon complaint may com­pell meet persons to be bound as apprentices to [Page 132] husbandry or any other art, &c. and for refusall commit them to ward, there to remain untill they be bound to serve according to the statute. Dal. 53, 76. 5. Elis. 4.

One Justice of Peace may take order betwixt the master and apprentice, for want of conformitie in the master, binde him over to the Qu. Sessions, where foure Iustices, one being of the Quorum, may discharge the apprentice: and if fault be in the apprentice, inflict due correction, Dal. 59. but if the first Iustice finde fault in the apprentice, he may by 7 Jac. send him to the house of correction as an idle disorderly person. Dal. 60.

One Iustice of Peace may allow of the cause of putting away of a servant, or of his departure with­in his [...]m. Dal. 60.

But an apprentice by 4 Iustices of Peace in open Sessions. ibid.

One Iustice of Peace may command vagrant persons to prison if they will not serve. Dal. 63.

One Iustice of Peace may make his warrant to attach a servant departing, to be at the Sessions, or may send him to the house of correction. Dal. 77.

Two Iustices of Peace, upon complaint that a servant departed before the end of his term (except 1 cause be allowed by one Iustice of Peace; or a at the end of his term, without one quarters warn­ing before two witnesses; or 3 hath refused to serv: for the wages appointed according to the statute; or 4 hath promised to serve accordingly, and doth not) may examine the matter, and may commit without bail such faultie person till he be bound to serve and continue, and then he is to be dischar­ged without see to the goaler. Dalt. 60. Lamb. 350.

Two Justices of the Peace may imprison the master for 10 dayes without bayl, and the servant for 21 dayes, that giveth or taketh greater wages then are allowed by statute. Dal. 61. Lamb. 330.

All retainer, promise, or payment of wages, or any other thing contrary to statute, and every writing and bond for the purpose is void. Dal. 61. 5. Elis. 4.

Two Justices of Peace may imprison for a yeare or more any servant, workman, or labourer, that doth make assault or affray upon his master, or any that hath the charge or oversight of them or of the work, being proved by the confession of the party, or oath of two. Dal. 6 [...].

Or the Justices at the Sessions may inflict other punishment.

One Iustice may binde the offender to the good behaviour, and so to the next Sessions. Dal. 78. Edit. 16 [...]6. Lam. 330, & 473.

Two Iustices may compell any woman of the age of 12 and under 40. being unmarried, to serve by the yeare, week or day, for such wages as they shall think meet, or commit her to ward till she be bound. Dal. 61. Lamb. 330, 331.

The retainer of any to serve in the arts of clothing, Wooll-weaver, Tucker, Fuller, Cloth­worker, Sheerman, Dyer, Hosier, Taylor, Shoe­maker, Tanner, Pewterer, Baker, Brewer, Glover, Cutler, Smith, Farrier, Currier, Sadler, Spurrier, Turner, Bowyer, Fletcher, Arrowhead-maker, Butcher, Cook or Miller for lesse then a yeare, is void. 5. Elis. 4. Lamb. 473.

Any unmarried, or under thirty yeares and married, me compellable to serve in any of the [Page 134] the said arts, or to be imprisoned untill they will serve, 5. Elis. 4. upon request of any person using the said trades, except the person be lawfully re­tained with some other, or have 40 shill. per an­num in lands, or 10 pound in goods, or some farm in tillage. Dal. 60. Lamb. 473.

None retained in husbandry to depart at his time into any other limit without testimony, on pain of 20 dayes imprisonment, and to be whip­ped, if then he brings none; and receiver of such loseth 5 pound. Lamb. 474. Dal. 64.

Labourers not working so many houres as they ought, lose a peny an houre. Lamb. 474.

Servant falling sick, or non potens corpore, the master may not put him away, nor abate his wages. Dal. 83.

Any taking work by great, and departing un­lawfully before the work be finished, loseth 5 po. and is to be imprisoned for a moneth. Lamb. 474.

Any taking an apprentice contrary to order of law, or exercising an art not being apprentice therein 7 years, loseth 10 pound. 5. Elis. 4. 5. Lamb. 475.

Servant departing into another shire, is indicted for it in the county whence he departed; the Justice of Peace may award a Capias to the Sheriffe of that shire whereunto he departed, returnable be­fore themselves. 5. Elis. 4. Lamb. 525.

The sufficiency of the cause of the masters put­ting away of his servant, or the servants departing from his master within his term, must be proved at the Q. Sessions. Lamb. 610.

Houshold servant spoileth the goods of his deceased master, and after proclamation in the Kings Bench maketh default of appearance there; [Page 135] it is felony, but not enquirable by the Justice of Peace. 33. H. 6. 1. Lamb. 281, 548.

A man not able nor sufficient to keep a servant, doth retain a servant; such retainer is void. Dal. 63.

Retainer of a servant in husbandry without ex­pressing any term, shall be for one year, Crom. 184. Dal. 64. it is according to the statute, 5. Elis. 4.

One retaineth a servant for 40 dayes, and after­wards another retaineth him for a year; the first retainer is void. Cro. 184. a. Dal. 64.

A servant cannot be discharged by his master without his own agreement, or for some cause al­lowed by a Justice of Peace. Dal. 64.

An apprentice cannot be discharged by his ma­ster but by writing, for an apprentice cannot be but by writing. Dal. 64, 62. Cro. 184. b. 185. b.

A servant put away shall have his proportionall wages for the time he served, but it must be by the help of a Justice of Peace. Dal 64.

A servant of his own accord departing from his service, loseth all his wages. Dal. 64.

A servant refusing to do his service, it is a depar­ture in law, though he stay still with his master. Dal. 64.

Detaining of wages, or of meat and drink, is good cause of departure, but to be allowed by a Ju­stice of Peace. Dal. 64, 65. Cro. 185. a.

A woman married after she is retained, must serve out her time. Cro. 184. b. Dal. 63.

No servant in husbandry, artificer, or victualler, nor any labourer, shall carry any buckler, dagger, or sword, on pain to forfeit the same, but for de­fence of the realm, or travelling with their master, or about their masters businesse. 12. R. 2. b. Cro. 185. b.

Any two Justices of Peace may give their con­sents with the Churchwardens and overseers, or to the greater part of them, to binde as apprentices the children of poore parents, till the age of the man-childe of 24. and of the woman till 21. 39. Elis. 3. Lamb. 331, 327. 43. Elis. 2. Dal. 63.

Retainer according to statute, though no wages be spoken of, is good, and shall have wages ac­cording to the proclamation. Dal. 61.

Retainer not being according to statute, is void, except it be by Indenture. Dal. 81, 82.

Retainer upon condition is good. Dal. 82.

Retainer without expressing in what office, is good. Dal. 82.

Retainer for life is good. Dal. 82.

Retainer for a yeare to serve when he shall be required, is not good. Dal. 82.

By retainer the servant is presently in service, though he come not into his masters service in­deed. Dal. 82.

The executour (the master dying) must pay wages to the servant hired according to statute, not otherwise, except it be by Indenture. Dal. 83.

Larceny.

Larceny is the felonious and fraudulent taking another mans personall goods, removed from his body and person, without his will, to the end to steal them. Lamb. 271. P. R. 129.

Personall goods are

• Wholly anothers
  • Dead,
  • Alive.
• His own, yet also a party in another.

Dead goods,

• In their own nature chattels, as money, plate, houshold-stuffe, Lam. 273. wooll severed from the sheeps backs, to take the skinne and leave the bodie, the flesh of tame or wilde fowl or beast, 275. goods of the Church, parish, or of an unknown person, 276.
• Once no chattels, and made chattels by the owner, as mowed corn, mowed hay, wood felled, apples gathered, &c. 273, 276.

Alive,

• Tame, as horses, beasts, sheep, swine, pullen. 273, 274.
• Wilde, & made tame by
  • Art,
  • Restraint of libertie.

By art, as

• A tame deer by common law. 275.
• By statute a falcon, tarcelet, lanner, lanneret, lost without bringing it to the Sheriffe to be proclaimed. 274.

By restraint of their libertie, as young pigeons, young herons, young hawks out of their nests, fish in a trunk, stew, or pond. 274.

A mans own goods,

• Where he hath given a speciall pro­pertie to another, as by bailment, pawn­ing, &c. and feloniously taketh it again. 277.
• Where one coming lawfully to the possession, by lending altereth the pro­pertie, as by melting of borrowed plate, and the lender taketh the metall feloni­ously. 277.

Leather.

Butcher that gasheth, slaughtereth, or cutteth the hide of the ox, steer, bull or cow, whereby it is im­paired, loseth 20 pence; or that watereth any hide except in June, July, or August, or putteth to sale any putrified or rotten hide, loseth for every hide 3 shill. 4 pence. 1. Jac. 22. Lam. 462.

Butcher using the said craft and also the myste­rie of tanner, loseth every day 6 shillings 8 pence. ibid.

Tanner using also the mysterie of a shoemaker, currier, butcher, or any artificer using the cutting or working of leather, loseth the hides and skinnes tanned. ibid.

Every person, other then such as had a tanne­house [Page 142] 29 Martii 1603. and did then occupie tan­ning of leather, or hath been taught as an appren­tice or hired servant 7 yeares in that mysterie, or hath been wife or sonne of a tanner brought up in this mysterie 4 yeares, or the sonne or daughter of a tanner, or such as hath married the wife or daughter of a tanner, having left to them his tanne­house and fats, that tanneth any leather, or taketh any profit by tanning, loseth all the leather tanned by him. Lam. 462, 463. 1. Jac. 22.

None may buy, contract for, or bespeak any rough hides or calves skinnes, but onely tanners or tawers of leather, except [...]lt hides for the necessa­rie use of ships, on pain of 6 shill. 8 pence for every hide. 1. Jac. 22. Lam. 463.

None shall forestall any hides coming to fair or market, (except of such as kill for the provision of their house) on pain of 6 shill. 8 pence for every hide. 1. Jac. 22.

None may buy tanned leather nor wrought, but such as will convert the same into made wares, (except nets, and shreds of saddles and girdles) upon losse of all the leather. Lamb. 463. 1. Jac. 22.

Tanner suffering any hide to lie in the tanne­limes till the same be over-limed, or that putteth any hides into the tanne-fats before the lime be perfectly wrought out of them, or useth any thing in tanning but onely Ash-bark, Oak-bark, Tapwert, Malt, Meal, Lime, Culver dung, or Henne dung, or hath suffered his leather to be frozen, or to be parched with the fire or summer sunne, or hath tanned any rotten hides, or hath not suffered the hides for outward sole leather to lie in the woozes twelve moneths, and for the upper sole leather 9 [Page 143] moneths, or hath negligently wrought the hides in the woozes, or hath not renewed their woozes as oft as was requisite, or hath put to sale any tanned leather not wrought according to the statute. 1. Jac. 22. Lam. 463, 464.

Tanner that raiseth with any mixtures any hides to be converted to backs bend-leather, clouting leather, or any other sole leather, except the same be fit and sufficient for that use, loseth the hides. x. Jac. 22. Lam. 464.

Any that putteth to sale, exchangeth, or other­wise departeth with any tanned leather red and un­wrought, being in open faire and market, unlesse it be searched & sealed in some open faire or market, or putteth to sale any leather not searched and seal­ed according to the statute, loseth for every hide or piece of leather 6 shillings 8 pence, and for eve­ry 12 calves skinnes or sheep skinnes 3 shillings [...] pence, and also the hides and skinnes or their value. 1. Jac. 22. Lamb. 464.

Tanner putting to sale any leather insuffici­ent, or not throughly wrought and tanned, or not well and throughly dryed, and the same so found by the tryers appointed, 1. Jac. 22. loseth so much as is insufficient. Lamb. 464.

He that setteth his fats in tanne-hills, or other places where tho woozes or leather to be tan­ned in the same may take any unkinde heats, or hath put any leather into warm woozes, or hath tanned with warm or hot woozes, for­feiteth 10 pound, and is to stand in the pil­lorie three market dayes. Jac. 22. Lamb. 464.

Felling oaks meet to be barked where bark is [Page 144] worth timber for necessarie buildings, and repara­tions of ships, houses, or mills excepted, but be­tween the first of Aprill and the last of June, lo­seth every tree or double the value. 1. Jac. 22. Lam. 464, 465.

Currier that currieth any leather but in his own house situate in a corporate or market town, or hath curried any leather not well tanned, or not throughly dryed after his wer season, or hath used in such wet season any deceitfull means to corrupt the same, or hath curried any outward sole leather with any other stuffe then hard tallow, or lesse of that then the leather will receive, or inner sole leather or upper leather but with good stuffe be­ing fresh and not salt, or hath not liquored them throughly, or hath scalded or shaven too thinne, or gasht in shaving or otherwise, or not wrought sufficiently any leather, loseth 6 shillings 8 pence, and the value of every skinne marred, except gash­ing in shaving, and for such gashing double as much as the leather is impaired. 1. Jac. 22. Lamb. 465.

Currier that during the time that he useth curry­ing, useth the feat of a tanner, cordwainer, shoema­ker, butcher, or other artificer using cutting of lea­ther, loseth 6 shill. 8 pence each hide. ibid.

Currier refusing to currie within 8 dayes in sum­mer and 16 dayes in winter perfectly any leather brought by any cutter of leather, or his servant, bringing with him good stuffe for perfect liquor­ing of the same, loseth 10 shillings for every hide.

Shoemaker that maketh any boots, shoes, bus­kins, startups, slippers, or pantofles, or any part of them of English leather wet curried, (other [Page 145] then deere, calves, or goats skins dressed like Spa­nish leather) but of leather well tanned and curried, or well tanned onely, and well sewed with thread well twisted, waxed, and rosined, with the stitches hard drawn with hand leathers, without mixing neat and calves leather in the over leather thereof; or hath put into any shoes, boots, &c. any leather made of sheep-skinnes, bull-hide, or horse-hide, or into the upper leather of any shoes, slippers, or pantofles, or into the nether part of boots (the inner part of the shoes onely excepted) any part of the wombe, shank, neck, flank, pole, or cheek of any hide, or into the outer sole other then the best of the ox or steer hide; or into the inner sole other then the necks, wombe, pole, or cheek; or in treswels of the double soled shoes other then the flanks of any the said hides; or hath put to sale any yeare between the last of September and the twen­tieth of April any shoes, boots, &c. meet for any person above foure yeares old, wherein hath been any dry English leather, other then calves or goats skinnes dressed like Spanish leather; or hath shew­ed for sale any of his wares upon Sunday, loseth 3 shillings 4 pence for every pair, and the just va­lue. 1. Jac. cap. 22. Lam. 465, 466.

Every lord of faire or market, that doth not ap­point two or three honest and skilfull men to be searchers and sealers of leather there, and six ho­nest and expert men to try the same leather, loseth 40 pound. Lam. 466. Such triers as do not their daties therein without delay, lose 5 pound for eve­ry default. Lam. 467.

Searcher or sealer so appointed, refusing with speed to seal good leather, or allowing insufficient leather, loseth 40 shillings; or receiving any bribe [Page 146] or exacting any undue fee for execution of his of­fice, loseth for every offence 20 pound; or refusing to execute the said office being duely elected, lo­seth 10 pound. Lam. 467.

He that will not suffer a searcher to enter into any place to search tanned leather, or wrought wares, or to seize or carry away that which is insuf­ficient, or hath put away any tanned leather red & unwrought, without registring the same and the price thereof, loseth the value of the leather. Lam. 467. 1. Jac. 22.

Leets.

Steward of a leet cannot grant suretie of the Peace, unlesse it be by prescription; but he may commit him to ward that shall make an affray in his presence whilest he is in execution of his of­fice. Lam. 14.

He may also take presentment of an offence a­gainst the Peace. ibid.

Lent, vide Fish-dayes.

Liberties and Franchises.

Justice of Peace may execute his authoritie with­in any liberties, not being a countie within it self, and it is good, but the libertie may have their reme­die against him. Lam. 47, 48. Dal. 21. Cro. 8. a. 181. b. 189. a.

Libellers.

A man finding a libel against a private man, must presently burn it, or deliver it to some Magistrate. Dal. 189, 190. edit. 1626.

If against a Magistrate or publick person, to de­liver it to some magistrate, that by examination the authour may be found out. Dal. 190. edit. 1626.

Libellers (it seemeth) may be bound to their good behaviour as disturbers of the Peace, whether they be contrivers, procurers, or publishers of the libels; for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud, and speciall occasions to the breach of the Peace. Dal. ibid.

Libelling is by scandalous writings, by book, bal­lad, epigram, or ryme; 2. by scandalous words, as scoffes, jests, taunts, or songs; 3. by hanging up of pictures or signes of reproach, neare the place where the partie traduced doth converse most, as gallows, cucking-stool, pillorie, horns, or such like. Dal. 189. edit. 1626. Cook 5. fol. 125.

Licenses.

Two Iustices of the Peace may license poore dis­eased persons to travell to the Baths for remedie of their grief, so as they be provided of relief for their travell, and beg not. 39. Elis. 4. Dal. 77. Lam. 332. 1. Jac. 25.

Iustice of Peace dwelling neare where any per­son suffered shipwrack shall land, may and ought to make a testimoniall under his hand to such persons of the landing, &c. and thereby to license them to passe the next direct way to their place of birth or dwelling, and limit them a convenient time for their passage. Dal. 78, 100. Lam. 303. 35. Elis. 4. 17. 1.Jac. 25.

No Iustice or Iustices of Peace (as it seem­eth) can in any case license any poore man to [Page 148] wander, or beg at all. Dalt. 78, 100. Lamb. 303. 35. Elis. 4. 17.

Convicted for abusing of a license of transporta­tion of victuall, shall be committed for a yeare without bail or mainprise. Lam. 349.

Licenses for badgers, drovers, &c. are to be grant­ed in open Qu. Sessions. 5. Elis. 12. Lam. 610.

Linen cloth.

He that causeth to be used any racking, beating, or casting any deceitfull liquor, or other means on any kinde of linen cloth, whereby it becometh de­ceitfull, or the worse for use, forfeiteth such cloth, and is to have imprisonment for a moneth at the least, and to be fined according to the Iustices dis­cretion. 1. Elis. 12. Cro. 90. a.

Lying in a way, vide Way-lying.

Acts made 16. R. 2. & 20. R. 2. & 1. Hen. 4. & 7. H. 4. & 8. Hen. 6. & Hen. 8. are repealed. 3. Car. 4.

Log-wood, aliàs Blockwood.

Suspected to have offended against the statute for logwood, upon information to a Iustice of Peace, the suspect or his servant or workman may be called by warrant, and examined by oath or otherwise, to disclose the offence; and the offence being discover­ed, the offender and the examinates shall be bound over to the next goal-deliverie or Qu. Sessions, and there be judged to forfeit 20 pounds, and pillorie one or more market dayes, or upon refusall to be bound to be committed to the goal till he will be bound. 39. Elis. 11. Lam. 613. Dal. 38.

Any two Iustices of the Peace, where any log­wood shall be found, in whose hands soever it shall be, may cause the same to be burned. 23. Elis. 9. Dal. 38. Cro. 198. b.

Masons.

THe causing of masons to congregate themselves in chapters, is felonie. Lam. 227. 3. Hen. 6. 1.

Mainprise, vide Baylment.

Maintainers and Embracers.

Maintainers and embracers of a Iurie enquiring of a riot, forfeit twentie pounds, and to be com­mitted to prison, and to remain according to the discretion of the Iustice. 19. Hen. 7. 13.

The Iustices shall sit upon the inquisition of riots with the Sheriffe or under-sheriffe, and ought to cer­tifie the names of the maintainers and embracers of a Iurie, with their misdemeanours which they know, by which the truth of the said riot is not found, upon pain of 20 pound for every one that hath not a reasonable excuse. 19. Hen. 7. 13. Cro. 199. b.

Maintainers of quarrels and embracers of Iu­rours are to be imprisoned, and bound to the good abearing. 33. Hen. 8. 10. 37. Hen. 8. 7. 38. E. 3. 13. Lam. 440.

Maintenance is where any man giveth or deliver­eth to another that is plaintiffe or defendant in any action, any thing to maintain his plea, or else ma­keth extream labour for him where he hath nothing to do therewith.

Embracer is he that when a matter is in triall between partie & partie, cometh to the barre with one of the parties, having received some reward so to do, and speaketh in the case, privily laboureth the Iurie, or standeth there to survey or overlook them, thereby to put them in fear and doubt of the matter: but men learned in the law may speak in the case of their clients. Terms of the law.

Maim.

He that hath maimed another of any member, whereby he is lesse able to fight, as if a bone be ta­ken out of the head, or a bone broken in any part of the bodie, or foot, or hand, or singer, or joynt, or if a foot or any member be cut, or by some wound the sinews be made shrink, or other mem­ber or the fingers made crooked, or if an eye be put out, or the fore-teeth broken or beat out, or any other thing be hurt in a mans bodie, by means whereof he is made the lesse fit to defend himself, or offend his enemie, he and his accessaries shall be grievously fined. Lam. 429.

Iustices of Peace cannot upon an enditernent of maim, make the triall by their own view and in­spection, as the J. of the Kings Bench may do. Lam. 532, 414, 10.

If Iustices of Peace stand in doubt whether the hurt be a maim or not, they may use the help and opinion of some skilfull Chirurgeon to consider thereof.

Malt.

If any Bailiffe or Constable of any borough or other town shall finde any malt made con­trary [Page 151] to the statute, 2. & 3. E. 6. 16. & 27. Elis. 14. then with the advice of any Iustice of the Peace within the shire, he shall cause the same to be sold to such persons, and at such reasonable prices under the common price of the market, as to their discre­tion shall seem convenient. Lam. 202. Dal. 65. 21. Jac. 28.

Any two Iustices of the Peace may duely convict by two witnesses, or by the parties confession, any person that shall disobey the restraint of malting made in open Q. Sessions, and shall commit him to prison without bail or mainprise for three dayes, untill he become bound in fourtie pound to per­form such restraint. 39. Elis. 16. Lam. 332, 202. Dal. 65.

The Justices of Peace or the greater part of them, may in open Qu. Sessions restrain the con­verting of barley into malt. 39. Elis. 16. Lam. 613.

Malt must be 3 weeks in the fat, on the floore steeping and drying, except in June, July, August, and then 17 dayes, or lose 20 pence for every quar­ter. Lam. 451. Dalt. 85.

No insufficient malt mingled with good malt must be put to sale. 2. & 3. E. 6. 16. & 17. Elis. Lam. 452. Dal. 85. edit. 1626.

No malt shall be put to sale that is insufficient­ly troden, and out of which for every quarter hath not been fanned one peck of dust. ibid.

Manslaughter, vide Homicide.

Mariner.

Mariner coming from beyond the seas, or a sea­faring man having suffered shipwrack, and in want, may be licensed by the next Justice of Peace to his landing, to ask relief in his journey home­wards. 39. Elis. 4. Lam. 303. Dal. 109.

No fisher-man to be taken for a mariner by the Kings commission, unlesse chosen by the two next Justices to the place where he is to be taken. 5. Elis. 5. Lamb. 359. Dal. 66.

Mariner departing from his Captain, without li­cense, or wandring idlely without, or with a forged license, knowing thereof, is a felon. 39. Elis. 17. Lamb. 227.

Any poore Mariner or Souldier coming from beyond the seas, that shall repair to his place of birth, &c. and cannot there get work, two Justices of the Peace next adjoyning may take order to set him to work, and for want of work tax the whole hundred for his relief till sufficient work may be had. 39. Elis. 17. Dal. 109. Lamb. 359.

Market overt.

He that is owner, &c. of any faire or market where horses, geldings, mares, or foles are to be sold, and doth not yearely assigne one open place where the said horses, &c. shall be sold, and one to take Toll, who shall continue there from 10 in the morning untill sunne set, forfeyteth 40 shill. for every day. 2. & 3. P. & M. 7. Cro. 91. a. Lam. 431.

To alter the property of any strangers rights in horses and all other goods, they are to be sold in such a place or shop as is commonly used for selling goods of the same kinde. Dal. 56.

Sale in faire or market doth not take away the owners propertie, the buyer knowing that it was anothers. Dal. 56.

Marriage.

If any married person marrieth another, the former wife or husband being alive, except the busband or wife have been beyond the seas seven yeares together, or hath been absent within the Kings dominions 7 yeares together, the one not knowing the other to be alive, or was at such mar­riage lawfully divorced to be void, or was had within yeares of consent, it is felony, 1. Jac. 11. Lam. 421. Dal. 245. Cro. 52. a. without corruption of bloud, losse of dower, or disinheriting any heire.

Masse.

To sing Masse, forfeyteth 200 marks and [...] yeares imprisonment. To heare it, forfeyteth 100 marks and like imprisonment. 23. El. 1. Lam. 413.

For the discovery of any who hath been at Masse, vide Jusuites.

Master, vide Servant.

Measure, vide Weight.

Messages false.

Two J. of P. one being of the Quorum, may (as it seemeth) binde over to the next Q. Sessions any suspected of getting money or other thing by false tokens or counterfeited letters, or may im­prison such or bayl them to the next Q. Sessions. Dal. 37. 33. H. 8. Vide plus Cozenage.

Milch Kine, vide Calves.

Minstrells, vide Rogues.

Misprision.

Misprision is properly, where one knoweth that [Page 154] another hath committed treason, or felony, but was not consenting thereto, and will not discover the offender to the King or his Councell, or to some magistrate, but conceals the offence. Dal. 203. Stam. 37. Term of Law, 131.

A Chaplain fixed an old seal to a new Patent of non-residencie, it was holden misprision of Treason. Term of Law, ibid.

Knowing money to be counterfeit, and bringing it out of Ireland into England and uttering it in payment, is misprision of Treason. Term of Law, ibid. Cro stat. 38.

For misprision of felony he shall onely be fined. Dal. 203. Term of Law, ibid. Cro. 44. a.

Mitigation of fines and forfeytures, vide Lam­bert. 577.

Mittimus.

Mittimus must contain the names of the parties, their offences, and time of imprisonment. Lamb. 297. Dal. 272. Cro. 153. a.

If one be committed without bayl or mainprise, the cause is expressed in the Mittimus, and yet is baylable, other Justices of the Peace may binde him: yet Quaere, saith Dal. 172. seeing their au­thoritie is equall.

Monasteries, vide Religious houses.

Mortuaries.

Spirituall person not to take mortuaries or any thing for them, where they have not been used to be payed, or where the goods of the [Page 157] dead are under 1o marks; taking above 4 sh. 4 pence where the goods are under 30 pound, or above 6 shill. 8 pence where they are above 30 pound and under 40 pound, or above 10 shill. where they are above 40 pound, he shall forfeit all taken above his due, and 40 shill. to the partie grieved, 21. H. 8. 6. Lam. 435, 436.

Multiplication of gold and silver.

To practise the art of multiplication of gold and silver, is felonie. 5. H. 4. 4. Lam. 227, 425.

Murder.

Murder is when one man upon malice pretended, prepensed, or precedent, doth kill another feloni­ously that liveth within the realm, or under the protection of the King, whether it be openly or privately, and whether the partie slain be English or alien. Lam. 237. Dal. 208. Cro. 21. a.

The killing shall have relation to the death and not to the stroke. Cro. 21. Cook, part 4. 42.

Malice is

• Expressed, or
• Implied.

Cro. 21. Dal. 209. Lam. 239.

Malice expressed is when it is known that there is malice betwixt them, Cro. 21. and is apparent, and where there is a precedent falling out or lying in wait, or time and place appointed. Dal. 209.

Malice implied is when one is killed suddenly without defence. Cro. 21. Dal. 209.

As where one killeth another without provoca­tion. Lam. 239. Dal. 209.

One busied, as reading, going over a stile, &c. killed. Dal. 209. Cro. 23. b. 27. a.

One stabbed, not having weapon drawn. 1. Jac. 4.

To kill an officer known in executing processe. Dal. ibid.

To kill an unknown officer if he shew his war­rant, and if an officer hath the Kings writ or law­full warrant, though it be erronious, and slain in executing it, is murder. Dal. 209. Lam. 240.

To kill any magistrate or minister of justice in executing his office, or in keeping the Peace. Dal. 209, 210. Cro. 25. b.

A rioter killeth an officer or an assistant coming to suppresse a riot, Dal. 210. Cro. 23. b. it is mur­der in all the rioters.

A constable parting an affray, or any of his company coming to aid him, although it was sud­denly and in the night. Dal. 210. Cro. 25. a.

A thief killing a true man in resisting, is mur­der of malice prepensed. Dal. 210. Cro. 21. a. Lam. 241.

1 A man carried his sick father into the frost, whereby he died. Dal. 210. Lam. 240.

2 An harlot hid her childe and covered it with leaves, and a Kite strook it and killed it. Dal. 210. Lam. 240.

3 The owner knoweth his beast to be accu­stomed to hurt and doth not tie him up, and after the beast killed a man. Lam. 239.

In these three cases voluntas reputabitur pro facto, for it sheweth that they had a will to hurt, and the will doth amount to malice, Dal. 210. and so to murder.

One having malice against another assaulteth that other, and after flyeth to the wall, and then killeth that other; it is murder. Lam. 239.

One condemned to die is killed by a private person without warrant, or by the officer contra­ry to the judgement; it is murder. Lam. 240.

Prisoner killed by his goaler by over hard keep­ing, it is murder.

One commandeth his servant to beat a man, who beateth him so that he dieth thereof; it is murder in the commander, Dal. 212. murder in both, Lam. 24. if it be in the commanders presence.

Many come to do an unlawfull act, and one in doing thereof killeth a man; it is murder in all, although they did but look on. Dal. 212, 249. Cro. 22. a. 24. b. Lam. 241. Stam. 40. If they be not present, yet if they be in the same house or upon the same ground, it is murder in all. Dal. 212. Cro. 25. a. Lam. 241.

All present and aiding, abetting or comforting another to do murder, are principalls. Dal. 171. 213, 249. Cro. 22. a. Lam. 243.

Two appoint the field and meet, and bring com­panie with them, and one of them is slain; it is murder in all that came. Dal. 213.

Murder is intended to one, and he killeth ano­ther; it is murder. Lam. 243. Dal. 212.

A woundeth B in fight, and after they meet sud­denly and fight; if B kill A, it is murder, for it is intended malice upon the former hurt; but if A kill B, it is but manslaughter, for the hurt did ap­pease his former malice. Dal. 211. Lam. 251, 238.

Two in suit meet and quarrell, and the defen­dant killeth the plaintiffe; quaere if it be murder, Dal. 211.

Two fight upon malice, and one of them kil­leth one that came to part them; it is murder in both. Dal. 212. Lam. 242.

The owner rebuked one stealing his pears, who killed the owner; it was adjudged murder, Dal. 212. Cro. 24. a. Lam. 241.

Poisoning of another wilfully whereby he dieth, is and was murder by the common law, Dal. 211.

The partie poisoned must die within a yeare and a day after receiving of the poison. Dal. 213.

After the beating or hurting another, to make murder, or other homicide, the yeare and the day is reckoned from the stroke given. Dal. 213. Cro. 25. b.

An appeal hath relation to the death. ibid.

A woman delivered of a bastard, endeavouring privately either by drowning or by secret burying to conceal the death thereof, as that it may not come to light, whether it were born alive or dead, but be concealed, shall suffer death as in case of murder, except she make proof by one witnesse that the childe was born dead.

Justices of Peace may take Enditements of murder as of murder. Lam. 493.

Musters.

Convicted before the Justice of Peace for offence against the statute of musters, shall be imprisoned 10 dayes without bail, unlesse he pay the forfeiture being 40 shill. which is for absence without rea­sonable excuse, or not shewing his best furniture be­ing commanded. 4 & 5 P. & M. 3. Lam. 349, 482.

The partie that sueth upon the statute of musters, is to recover the forfeiture belonging unto him by action, or bill of debt. ibid. Lam. 583.

Name.

THe names and sirnames of the partie indicted must be certainly expressed; and if the indict­ment be of an accessarie in felonie, the name of the principall must be set down also. Lam. 488.

Nets, vide Hunting, Partridges and Phesants.

News.

Contriver, speaker, or teller of false or counterfeit news, whereof discord, &c. may arise betwixt the King and his Nobles, or any other false news, lies, or other false things of Prelates, Dukes, Earls, and Barons, &c. whereof discord and slander may arise within the Realm, shall be imprisoned till he finde out the authour; and if he cannot finde him, shall be punished by the advice of the Councel. West. 1. E. 3. 4. 2. R. 2. 5. 12. R. 2. 11. 1. & 2. P. & M. 3.

Next Justice.

Where the 13 H. willeth the Justice of Peace most nigh in every Countie, where such riot or rout shall be, to do execution of the statute under pain of 100 pound, if any other Justice that be not next unto the place shall execute the statute, it will excuse the next, because all have power alike, by the first part of the stat. Lam. 326, 327. Dal. 8. 6. P. R. 30.

Night-walkers, vide Watches.

Noble Personages.

A Noblemans promise to keep the Peace, hath been held sufficient. Dal. 131. Lam. 81, 82.

A Iustice of Peace may not grant warrant of the Peace against a Lord of the Parliament. Dal. 132.

Nor against a Dutchesse. Countesse, or Baron­esse; for they are Peers of the Realm, and shall be tryed by their Peers, and have the same pri­viledges that Dukes, Earls, and Barons have. Dal. 132, 133.

Dutchesse, Countesse, or any noble by birth, marrieth with a gentleman, she loseth not her name of dignitie. Cro. 110. a. Dal. 133. Quaere, Vide Clergie, that a Nobleman may have his Clergie for any felonie except wilfull murder and poy­soning.

Non sanae memoriae.

There be 3 sorts of persons Non sanae memo­riae, or non compotes mentis.

1 A naturall fool who is so from his birth.

2 He that was once of sound memory, and after by sicknesse, hurt, or other accident or visitation of God loseth it.

3 A lunatick, qui gaudet lucidis intervallis, and sometimes is of good understanding, and sometimes is not compos mentis.

Nusans.

Every man may in a peaceable manner assemble meet company to do any lawfull thing, or to re­move or cast down any common nusans. Dalt. 194. Cro. 66. a.

Obedience to the King.

IF any practise to absolve, perswade, or withdraw any from their naturall obedience to the King, or (for that intent) from the religion now esta­blished here, to the Romish religion, or to move them to promise obedience to the See of Rome, or other estate, or if any have been willingly so ab­solved, or have promised such obedience, it is trea­son. 23. Elis. 1. Lam. 412. Cro. 18. a.

Colore officii.

When officers take any thing Colore officii, it is taken in malans partem, and is extortion, and the office is but a vail to cover the fault: but when it is ratione or virtute officii, then it is in bonam partem. Cro. 57. b.

Ordinarie.

His Fees, vide Fees.

The Ordinarie oweth not his attendance at the Sessions of the Peace, as he doth at the goal-de­liverie. Lam. 395, 396.

Oath.

You shall swear that the suretie of the Peace, which you require against A B, is not of any malicious intent, for vexation, but for very fear, and for the needfull preservation of your body and goods in safetie; so help you God. Lam. 83.

Oath of the Iustice of Peace, vide Dal. 10.

Oath of supremacie, Dal. 11.

Oath of alleagiance, Dal. 12. 3. Jac. 4. 7. Jac. 6.

The Custos Rotulorum or any two Justices of the Peace, one being of the Quorum, may take the oathes of Under-sheriffes of their Countie, their Bailiffes, Deputies, Clerks, or under-officers, be­fore they shall exercise their said offices. Dal. 108.

Quaere if Iustices of the Peace may examine upon oath sureties of their sufficiency, Dal. 142. Iustices of Peace in their Sessions may do it. Cro. 194. a.

Default of Under-sheriffes, their Clerks, Bay­liffes, &c. in not taking their oathes for execution of their office, is to be heard and determined at the Quarter Sessions. 27. Elis. 12. Lam. 615.

Under-sheriffes, Bayliffes, &c. doing any thing contrary to their oathes, lose to the partie grieved treble damages. 27. Elis. 12. Lam. 433.

Where the refuser of the oath of alleagiance shall incurre a Praemunire, vide Pramunire.

Refuser of the oath of alleagiance is disabled to execute any place of judicature or office, being no office of inheritance or ministeriall function, or practise of the law Civill or Common, or the sci­ence of Physick, Surgerie, or the art of Apotheca­rie, or any liberall science. 7. Jac. 6.

One Iustice of Peace to whom complaint is made, may commit to the goal without bayl till the next Assizes, goal-deliverie, or Quart. Sessions, any above the age of 18 yeares (under a Baron or Baronesse) which stand presented, indicted, or convicted for not coming to Church, or not re­ceiving the Communion, or which by the Mini­ster, pettie Constable, and Churchwarden, or any [Page 165] two of them, shall be complained of to any Iustice of the Peace, and by him suspected for refusing the oath of alleagiance. 7. Jac. 6. Lamb. 199, 200.

Two Justices of Peace, one being of the Quo­rum, may require any person of the age of 18 or above, under the degree of a Baron or Baronesse, to take the oath of alleagiance, and on refusall to commit him to the goal without bayl, till the next Assizes or Q. Sessions. 7. Jac. 6. Lamb. 363.

Where the examination of a Iustice of Peace is the conviction of the party, there it ought to be upon oath: but where it is but to inform the Iurie upon the indictment, it needeth not. Lamb. 536. Dal. 125. Though the statute doth not expressely say it shall be upon oath. Dal. ibid.

In cases of felony it seemeth convenient that the information be upon oath, otherwise the exa­mination shall not be given in evidence.

If the examinate die before the triall, the exami­nation may be evidence; without oath many will speak coldly. It is the practise of the Courts in Westminster. Dal. 264. Cro. 194 a. Lamb. 213, 214, 215.

The refusing the oath of alleagiance required by two Iustices of the Peace, and the taking of the same and oath of supremacy by a conformed Re­cusant returning into England, are to be certified at the next Q. Sessions. 7. Jac. 6. Lamb. 216.

The oath of alleagiance required at the Q. Ses­sions of such as formerly refused the same, and being there tendered and refused, the refusers (other then Noblemen and women) incurre Prae­munire, except women covert, who are to be sent to the goal without bayl. ibid.

Orchyards and Gardens, vide Hedgebreakers.

Overseers of the Poore.

All to whom the overseers by 43. Elis. 2. may binde apprentices, may take and keep them as ap­prentices, and the overseers may with the assent of two Iustices of Peace, one being of the Quorum, in their respective limits where there be more then one, or by assent of one Iustice of Peace where there be no more, set up, use and occupy any trade, mysterie, or occupation, onely for setting poore of the parish on work wherein there are overseers. 3. Car. 4.

Pannell, vide Iurours.

Pardon.

AT the Common Law before the statute of 13. R: 2. a pardon of all felonies was good for murders, and some for treason. Lamb. 561.

Pardon of all felonies is not good for murder or petty-treason, except the pardon be with a non ob­stante, or that murder be therein expressely men­tioned. Dal. 213. Cro. 21. b.

But it is good for accessaries, both before and after. Lamb. 561.

A pardon of all felonies will not discharge a man that is attainted of felony, except the execu­tion and attainder be pardoned. Dal. 213. Cro. 115. Lamb. 562.

Breaker of the Peace after the pardon, forfeiteth the pardon, and may be hanged notwithstanding his pardon. Dal. 213. Cro. 115. b.

The King onely can pardon treason, murder, or other felony, or any accessary thereunto. Dal. 214.

Generall pardon is that which is given by act of [Page 167] Parliament to all men, of which the Court ought of duty to give allowance, though the party will not plead it nor accept the benefit thereof. Lamb. 559, 560.

Pardon of abjuration is not good without spe­ciall words of abjuration. Lamb. 562.

Quaere if a generall pardon for petty-treason avail him that is indicted of murder, without the word proditoriè. 560.

A generall pardon coming betwixt the stroke and the death of all misdemeanors, will avail for the death. Lamb. 560.

Quaere if a pardon of all offences (except per­sons outlawed of murder) will avail one that hath committed manslaughter, and yet indicted and outlawed of murder, and after the pardon rever­seth the outlawry. Lamb. 560.

Pardon of attainder and execution for felony is not good for felony. Lamb. 562.

Pardon of a Goaler for escapes of felony and traitours, is not good for voluntarie escapes. Lamb. 562.

Pardon of 2 for all felonies done by them, or either of them, will not serve for offences done by one of them alone. Lamb. 562.

Pardon must agree with the indictment in name and addition of the party, and nature of the of­fence; for a pardon of all felonies is not good for petty-treason, murder, nor of one attainted of fe­lony. Lamb. 561.

A speciall pardon ought to be pleaded under the great seal, and a writ of allowance brought with it, testifying he hath found surety for the good be­haviour, unlesse there be a dispensation by non ob­stante. Lamb. 561.

Prisoner pleadeth a pardon, the I. of P. in ab­sence of the Kings Atturney may joyn issue that he is one of the persons excepted. Lamb. 560.

He that killeth another se defendend [...], must sue to the King for a pardon. Lamb. 253.

He that killeth one by misadventure, shall have a pardon of course without suit. Lamb. 254.

The manner of suing a pardon of course is, If they desire to purchase their pardon, they must upon their triall plead not guilty, and then the speciall matter being found by verdict, they shall be bayled; then they must sue forth a Certiorari to certifie the record to the Lord Chancellour, who shall make them a pardon of course under the great seal without suing to the King. D. 217. Sta. 154.

Park and Parker, vide Hunting.

Hunters or killers of any Deere or Conyes in the night or daytime in any park or warren, or in any other inclosed grounds, and being thereof lawfully convicted, every such offender shall suffer 3 moneths imprisonment, and finde sufficient sure­ties for the good behaviour for the space of seven yeares, or else continue in prison till he finde such sureties for the space of 7 yeares. Dal. 317. 5. Elis. 21. 3. Jac. 13. Ed 1626.

Parson and Vicar, vide Ecclesiasticall causes.

Partridges and Phesants.

Every I. of P. may examine offences against the statute of 23. Elis. 10. Dal. 67. Lamb. 200.

By 1. Jac. 27. he that shall shoot at, kill, or de­stroy with any gun or crosse-bow any Partridge, Phesant, House-dove or Pigeon with setting-dogs and nets, or with any manner of nets, snares, en­gines, or instruments; or shall kill or destroy any [Page 169] partridge, phesant, house-dove, pigeon, heron, mallard, duck, teal, or any such fowl, or hare; or shall take or willingly destroy the egges of any phe­sant, partridge, or swan; or shall trace or course any hare in the snow, or take or destroy any hare with cords or such instruments, or shall keep any grey­hound for deere or hare, or setting-dogs, or nets, to take phesants or partridges, not having lands of in­heritance of 10 pound, or 30 pound per annum, not having lands of inheritance for life or in goods 200 pound, or be sonne of a Knight, or sonne and heir apparent of an Esquire: any of the said offences being proved by the parties confession or oath of two witnesses before any two Justices of Peace of the countie where the offence shall be committed, or the partie apprehended, shall be imprisoned for 3 moneths without bail, unlesse he forthwith upon his conviction pay to the use of the poore there 20 shill. for every hare, fowl, and egge, and 40 sh. for every greyhound, setting-dog, or nets, or after three moneths imprisonment be bound with two sure­ties not to offend in any the said particulars, which recognizances taken by two Justices of the Peace may be returned at the Quarter Sessions. 1. Jac. 27. Dal. 67, 68. Lam. 335.

By 7. Jac. 11. proof of 1 witnesse is sufficient for the taking, &c. of partridges and phesants; the pu­nishment as 1. Jac. 27.

Killer of partridges or phesants with hawks or dogge, by colour of hawking between the first of July and the last of August, upon conviction within six moneths after the offence by the confession of the partie or oath of two witnesses before two Justices of Peace, is to be imprisoned one moneth without bail, unlesse he pay presently to the Church­wardens [Page 170] and Overseers of the poore where he of­fended or was taken, 40 shill. for hawking, and 20 shill. for every partridge or phesant taken. 7. Jac. 11. Dal. 68. Lam. 335.

Taking of phesants or partridges upon another mans ground by nets or otherwise, except unwil­lingly by trammell and there to let them go again, loseth 20 shill. a phesant, and 10 shill. a partridge. 11. H. 7. 17. & 23. Elis. 10. Lam. 447.

Hawking in corn before it be cropped, without consent of the owner, loseth 40 shill. ibid.

Taker, killer, or destroyer, by gunnes, bows, setting-dogs, nets, or other engines, of any par­tridge or phesant, except the owner of a warten, lord of a manour, or having lands of inheritance in his own or his wives right of the clear yearely value of 40 pound, or for life of 80 pound, or goods worth 400 pound, and their houshold-servants au­thorised by them within their own grounds in the day time onely betwixt Michaelmas and Christ­masse, upon conviction within six weeks after the offence committed, by confession or oath of two witnesses before two Justices of Peace next the place of offence or apprehension, to be imprisoned 3 moneths without bail, unlesse he pay immediate­ly unto the Churchwardens and Overseers of the poore of one of the said places, 20 shill. and be bound to the King by recognizance in 20 pound never to offend again; the same to be certified at the next generall Quarter Sessions. 7. Jac. 11.

Buyer or seller of hare, deer, partridge, or phe­sant (except partridges or phesants bred up or brought up from beyond the seas) loseth for every deer 40 sh. phesant 20 sh. hare or partridge 10 sh. one moytie to the informer, the other to the poore of the parish. 1. Jac. 27.

Constable by warrant from two Justices of the Peace may search the houses of any not allow­ed, suspected to have any setting-dogs or nets for partridges, and finding them, may detain, kill, or cut in pieces any of them. 7. Jac. 11.

Offences against the statute of 1. Jac. 27. pu­nished by it, are not to be punished by Judges of Assize in their circuit, Justices of Peace at Quarter Sessions, or two Justices of the Peace out of the Sessions. 1. Jac. 27.

Offences punished by 7. Jac. 11. are not to be punished by any other. 7. Jac. 11.

Peace.

Every private person that shall be present at any affray, assault, or batterie, ought to part them that fight: and if he take hurt, he shall have his action; but if they resist him, he may not hurt them. Lam. 131. Dal. 28.

Every man may stay the affrayers, till their heat be cooled, and then they may deliver them to the Constable to imprison them till they finde sureties of the Peace; but they may not imprison them unlesse the one of them be in perill of death by some hurt, for then any man may carry the other to the goal till it be known whether the other will live or die. Lam. 131. Dal. 28.

He which hath mortally hurt another, flieth into anothers house; any man that pursueth him with hue and crie, may break open the house, enter, and take him. Lam. 131, 132. Dal. 29.

Peers, vide Noble personages.

Pedlers, vide Rogues.

Perjurie.

Procuring any unlawfully to commit wilfull perjurie in any case depending in Court of Record, Leet, Count Baron, Hundred Court, or ancient demesne, or hath corruptly suborned any witnesse sworn to testifie in perpetuam rei memoriam, or if any have upon such procurement or by his own act wilfully committed such perjurie, the procurer shall forfeit 40 pound; and if not worth so much, half a yeares imprisonment without bail, stand upon the pillo [...]ie for one hou [...]e, and disabled for a witnesse for ever after.

The perjured 20 pound and six moneths impri­sonment, and ever disabled for a witnesse; and if not worth 20 pound, to have his eares nailed to the pol­lorie. 5. Elis. 9. & 14. Elis. 11. & 1. Jac. 25. Lam. 416. Cro. 18. a. b. This offence to be heard and determined in the Sessions. Lam. 609.

Execution of the forfeiture upon the statute of perjurie, to be awarded by the Justices of the Peace before whom the conviction was. Lam. 505.

Committing of perjurie upon answer to a bill of complaint is not within the statute of 5. Elis. 1. but for a false deposition upon examination upon inter­rogatories. Cro. 18. b.

If any give false evidence upon a bill of endite­ment at the Sessions, it is held he shall not be pu­nished by the statute of 5. Elis. for that the King is not named in the said statute. Cro. 16. b.

Pettie-treason.

The wilfull killing or joyning in killing of the husband by the wife, the master or mistris by the servant, the Ordinary by his clerk, is pettie-treason. 25. E. 3. 2. Lam. 245, 246. Dal. 204, 205. Cro. 19. b.

The childe maliciously killeth the father or mo­ther, it is pettie-treason, though the father or mo­ther at the same time give neither meat, drink, nor wages to the said childe; but it is treason in the said childe, in respect of the dutie of nature viola­ted. Dal. 205. Cro. 19. b. But Lam. saith it is not treason in the childe, if the father give it not meat nor drink, as to a servant, Lam. 245. and do their businesse, for it is as a servant.

The sonne or daughter in law kill the father or mother in law with whom they dwell, and do ser­vice, and have meat and drink; it is pottie-treason, though such childe take no wages; but the endite­ment shall be by the name of servant. Dal. 205.

Judgement in petty-treason is, a man is to be drawn and hanged, if a woman, both in high-trea­son and pettie-treason to be drawn and burned. Dal. 206. Lam. 570.

The forfeiture for pettie-treason is, the King shall have all his goods, and for his lands Annum, diem, & vastum, and the escheat thereof shall be to every lord of his proper fee. Dal. 206.

No clergie is allowed in case of pettie-treason. Dal. 212.

Pewter, vide Brasse.

Physician.

One neither Physician nor Chirurgeon taketh upon him to cure a sick or wounded man, who di­oth [Page 174] under his hand, it was felonie. 34. H. 8. Lam. 240. Dal. 211.

But if a smith or other having skill onely in curing and dressing diseases of horses or other cat­tell, shall take upon him cutting or letting bloud, or such like cure of a man, who dieth thereof, it seemeth to be felonie. Dal.

Pictures brought from Rome, vide Agnus Dei.

Playes & Players, vide Unlawfull games, vide Rogues.

Plague.

Head-officers and Iustices of Peace in a corpo­ration, or in a priviledged place, or two of them, may set a weekly tax on the inhabitants of the cor­poration, or priviledged place, or liberties thereof, for the reasonable relief of persons infected, or dwelling in houses infected within the said corpo­ration or priviledged place. 1. Jac. 31. Lamb. 337.

Corporation or priviledged place not being able to relieve the persons infected therein, upon certi­ficate of the head-officer or Iustices of Peace, or two of them to the two next Iustices of the Peace, may assesse and tax the inhabitants of the countie within five miles of the corporation at a weekly tax for the relief of them. 1. Jac. 31. Lamb. 337.

There being no Iustice of Peace in the corpo­ration, or the infection being in a hamlet, the two next Iustices of the countie may assesse the inha­bitants of the countie within five miles of the place infected, for the reasonable relief thereof. 1. Jac. 31. Lam. 338.

The taxes upon refusall to be raised by warrant of the head-officers or Iustices upon the goods of the refuser, or upon default of goods returned, the partie by another warrant to be impleaded, till he make payment thereof with the arrerages. 1. Jac. 31.

Taxes made for the relief of places infected, are to be certified at the next Qu. Sessions, and there to be continued, enlarged, or extended to other parts of the countie, or determined by the greater part of the Iustices. 1. Jac. 31. Lam. 609.

Taxes levied of the countie for the relief of an infected corporation are to be disposed by the head­officer and Iustices of the corporation, or two of them; and if there be no Iustice, then by the Iusti­ces assessors, 1. Jac. 31.

Officers negligent in levying of the taxes, lose 10 shill. to be imployed as the taxes. 1. Jac. 31.

Watchmen not to be impeached for hurting those infectious persons that being commanded to keep in, will in offering to come forth resist the watch­men. 1. Jac. 31.

Any infectious person commanded to keep in, goeth abroad and keepeth companie, having an infectious sore uncured, is felonie without corru­ption of bloud, or forfeiture of goods; if without sore, to be punished as a vagabond by 39. Elis. and bound to his good behaviour for a yeare. 1. Jac. 31.

Officers of a corporation and Iustices of the Peace in the countie, may respectively appoint, swear, and direct searchers, watchers, and triers of infected persons and places. 1. Jac. 31. Lam. 197.

Plaints in Court.

One Justice of Peace may upon complaint exa­mine the Sheriffe or Undersheriffe and plaintiffe concerning the taking and entring of plaints in their countie Court in bonks against the statute, or any bayliffe of the hundred for not warning the defendant in such a plaint according to his precept from the Sheriffe or Undersheriffe; and if he there­by finde them faulty, that shall stand for a sufficient conviction and attainder without further enquiry or examination, and these examinations the Justice must certifie into the Exchequer within a quarter of a yeare, on pain of forfeiture of 40 shill. for every default. 11. Hen. 7. 15. Lam. 201. Dalt. 107.

Sheriffe entring plaints in any mans name that is not present in Court, nor hath any sufficient Atturney or deputie, loseth 40 shill.

So if he enter more plaints then the plaintiffe supposeth he hath cause of action for. 11. Hen. 7. cap. 1. Lam. 431.

Pond and Pond-heads, vide Fish.

Poysoning, vide Murder.

Pope.

To extoll the power of the Pope by writing, printing, preaching, or any speech, open deed or act advisedly holden, or of his See hereto fore claim­ed and usurped within this Realm, or to abbet, procure, counsel, aid, or comfort such, is treason, 5. Eliz. 1. Lam. 411. for the second offence; for the first offence, Praemunire. Dalt. 200.

Prese [...]ment at the Quarter Sessions for extol­ling the power of the Pope of Rome, must be certified by the Justices of Peace before whom it [Page 177] was taken into the Kings Bench, within 40 dayes after, if the term open; if not, then the first day of the next term, or every J. lose 100 pound. 5. Elis. 1.

Printer, buyer, seller, or bringer from beyond the sea of any Popish Primer, Lady Psalters, &c. in any language, or other superstitious books in English, loseth 40 shill. a book, whereof one part to the King, another to the informer, a third to the poore of the parish where the book shall be found. 3. Jac. 5.

Two Justices of the Peace may search the house or lodging of a Popish Recusant, or whose wife is such, for Popish books and reliques, and finding any unmeet for them to use, must deface and burn them, or being of value deface them and restore them to the owner. 3. Jac. 5.

Poore People.

Traveller with wife and children, not being a rogue, dyeth or runneth away, the Town where that happeneth is not bound to keep them nor send them away, except they become wandring rogues, Lamb. 208. Resol. 7.

Parents able to work are to finde their children by their [...]bour, and not the parish. Resol. 8.

None is to be removed out of the Town where he dwelleth, or sent to the place of birth or last habitation, but a vagrant, nor found by the Town except he be impotent. Resol. 9.

Persons destitute of houses by expiration of term, or servants out of service, must provide houses for themselves and services. Resol. 9. Dal. 75.

Able bodies refusing to work, and no wanderers, are not to be sent to the place of birth or last habi­tation, [Page 178] but to the house of correction, Res. 10. by such a Iust. of P. as may appoint overseers for the poore. 43. Elis. 2. Dal. 71. Lamb. 209, & 295.

Able bodies, yet idle and refusing to work, ha­ving any lawfull means to live by, are not to be sent to the house of correction. Res. 10.

It is fineable to remove or put any out of the parish, who are not to be put out, and such may be sent back. Resol. 11.

None may take relief at any mans doore in the parish, but by the appointment of the overseers, nor beg in the high-wayes in their parish. Res. 15.

Parsons, vicars, farmers, or owners of impro­priations, colemines, or saleable woods, are to be charged with the relief of the poore. Res. 18, 19.

In default of an assesse made by the Church­wardens, Constables, and Parishioners of the Tax imposed upon them at the Easter-Sessions, one Iu­stice dwelling in the parish, or if none dwell there, the next adjoyning Iust. may rate the assesse, & in default of payment may levy the same by distresse.

Any Iustice of Peace may imprison without bayl, and make sale of the offenders goods, ren­dring to the party the overplus; and in default of such distresse, any Iustice of Peace may imprison without bayl such refuser untill he pay the same. 43. Elis. 2. Lamb. 294, 295. Dal. 110.

Bishop and his Chancellour and 3 I. of P. have power to examine how money for relief of the poore appointed by the statute is bestowed, and to call to account the detainers thereof. 14. Elis. 5. & 39. Elis. 34. Lamb. 336.

I. of P. proved before the Iudges of Assize by 2 witnesses to be in default of examination of the statute for the poore, loseth 5 pound. 14. Elis. 5. Lamb. 372.

Parents at the Q. Sessions appointed to keep their children, or children their parents, and have not relieved them at their own charges, lose 20 shil. a moneth. 39. Elis. 34. Lamb. 445.

In disabilitie of the parish or hundred to relieve their poore, the greater part of the Iustices at the Q. Sessions may rate any other parish or hundred thereto. 39. Elis. 3. & 43. Elis. 2. Lamb. 611.

Beggers children at the Q. Sessions may be bound to serve any subject in an honest calling. 14. Elis. 5. & 18. Elis. 3. Lamb. 614.

Performance, or not performance of so much of the statute of 14. Elis. 5. for the poore as is not re­pealed by 39. Elis. 3. or 43. Elis. 2. is to be yearely examined at Easter-Sessions. 14. Elis. 5. Lam. 620.

Overplus of the stock for maymed souldiers is to be imployed by the greater part of the Iust. at the Q. Sessions to such charitable uses, as are set down in the statute for the poore, except by them it be re­served for future pensions. 43. Elis. 3.

Young children, the parents being dead, are to be set on work and relieved by the Town where they dwelled at the death of their parents, and not sent to the place of their birth. Dal. 75.

The Iustices may compell such as be of abilitie, to take poore children apprentices, and may binde such masters refusing over to the next goal-deli­very: so said Sr. Henry Montague at Cambridge Assizes 1618. and the statute of 43. Elis. 2. seemeth to warrant as much, the words whereof are to this effect, It shall be lawfull for the Churchwardens and overseers or the greater part of them, by the as­sent of 2 I. of the P. to binde any such children to be apprentices where they shall see convenient cause, Dal. 92, 93. or the Churchwardens or over­seers, [Page 180] with the assent of 2 such Justices, may im­pose a competent summe of money upon such re­fuser for putting out such an apprentice, and upon refusall to levy it upon the Just [...] of Peace his war­rant by distresse and sale of the offenders goods. Dal. 93. Edit. 1626.

If the parents, without good cause shewed, re­fuse to suffer their children to be apprentices, the Justice may binde them over to answer their con­tempt; if the childe refuse, send him to the house of correction quousque, &c. Dal. 93.

A master putteth his apprentice into apparell, he cannot take it away though he part with the apprentice. Dal. 93. Edit. 1626.

If after the death of A, another man abateth or entreth into his house forcibly before the heire of A hath gotten any actuall possession indeed, the heire of A shall have no restitution, because he had a possession in law onely. Lam. 153. Dal. 44, 185.

Two Justices of Peace, one being of the Quo­rum, may send to the house of correction or goal such as imploy not themselves to work being ap­pointed. 43. Elis. 2.

Power of the County.

Information of a not is a sufficient cause to raise the power of the county, though indeed there were none. Lamb. 315. Dal. 88, 89. Cro. 62, 64. b.

Power of the county is raised without know­ledge or information of a riot; if when they come they finde one, it is lawfull, and they may proceed to punish it. Lamb. 316. Dal. 88, 89. Cro. 62, 64. b.

Power of the county in suppressing a riot, vide Riot.

The Justice of Peace, Sheriffe, or undersheriffe, in [Page 181] levying power of the county, may have the aid of all the Knights, & other temporall men under this degree that are above the age of 15, and able to tra­vell, upon pain of imprisonment, fine, and ran­some to the King. Dal. 88. L. 315. Cro. 157. b. But it is referred to the discretion of the Justices how many or how few they will have, and in what sort they shall be armed. Dal. 88. Lamb. 315. Cro. 64. b.

One I. of P. may take power of the county, suppresse riotters, and need not tarry till his fel­lows come. Cro. 157. b. Dal. 84. Lamb. 184.

Constable may take the aid of his neighbour to arrest another upon an affray. Cro. 158. a. L. 134.

Sheriffe upon a writ of execution returned that he could not execute it for resistance, and was a­merced 20 marks, because he took not the power of the county. Cro. 158. a.

Preacher.

He that disturbeth a Preacher of purpose mali­ciously or contemptuously in Sermon-time, is to be bound to his good behaviour, and have 3 moneths imprisonment. Lamb. 416. 1. M. c. 3.

If the disturber of any preacher be arrested and brought before any Iustice of Peace, upon due ac­cusation and examination heard, either by the ar­rester or other person, he shall forthwith commit the party so taken to custody by his discretion; and within 6 dayes after another Iustice joyning in examination, they, upon confession of the party, or conviction of 2 witnesses, may commit him to prison for 3 moneths. 1. Mar. 4. Lamb. 195, 333.

Quaere if all the statute of 1. Mar. 3. be not re­pealed by the generall words at the latter end of the statute. 1. Elis. 2.

Precept, vide Warrant.

Praemunire.

Refusall to take the oath of the Kings suprema­cie, the first offence is praemunire, the second trea­son. 5. Elis. 1. Lam. 411.

To aid, comfort, or maintain one that hath committed treason in using of bulls, is praemunire. 23. Elis. 1. Lam. 411. Vide Treason.

To hold, set forth, or defend the power spiritu­all of any forrein Prince or person heretofore claimed, used, or usurped within the Kings domi­nions by writing, printing, preaching, expresse deed or act maliciously or directly, or to put in use or execute any thing to that end, the first offence is praemunire, the second treason, 1. El. 1. & 5. El. 1. enquirable by words of 23. El. 1. & Lam. 411.

He which aideth any person that putteth in ure any bull, writing, or instrument of absolution got­ten from Bishop or See of Rome, &c. to the intent to uphold the authoritie of the See of Rome, in­curreth praemunire. 13. El. 21. & 23. El. 1. Lam. 413.

To bring from the Bishop or See of Rome, or any claiming authoritie from it, Agnus Dei, crosses, pictures, beads, grains, or such like superstitious things, or to deliver or offer them, or cause to be delivered or offered to any of the Kings subjects to use or receive them to such intent, and not to ap­prehend the offender, or within three dayes disclose him to the Ordinarie or other Iustice of Peace, or within one day deliver the things received to a Iu­stice of Peace. 13. El. 2. & 23. El. 1 Lam. 414.

The forfeiture in cases of praemunire upon the statute of 16. R. 2. is to forfeit his lands and [Page 183] tenements in fee for ever, his lands in tail for his life, and all his goods and chattells, and to have a perpetuall imprisonment, and to be out of the Kings protection. Cro. 14. a. Dal. 226. but quaere if he be attainted upon the 27. of E. 3. 1. if he ap­peare and the day of the praemunire returned. Dal. ibid. Edit. 1626.

A man may not kill him which is attainted in the praemunire, by 5. Elis. 1. but before he might, for they were out of the Kings protection. Cro. 15. a.

One lawfully imprisoned untill the next Sessi­ons for refusing the oath of alleagiance, and there again refusing it, incurres a praemunire, except mar­ried women, who are onely to be imprisoned with­out bail. 3. Jac. 4. & 7. Jac. 6.

Not disclosing nor certifying within 24 dayes the name of him which bringeth any Agnus Dei, crosses, or pictures, to one of the Kings Councell, 13. El. 2. is praemunire.

Breakers of bargains contrarie to the statute of 27. H. 8. provided against usurie, shall be punished, as Counsellours, Atturneys or Advocates in case of praemunire. 27. El. 8.

Delivering or sending any relief to a Iesuite, Priest, or other remaining in any colledge of Iesu­ites, incurreth praemunire. 27. El. 2.

Presentment.

Presentment is a declaration of the Iurours or Officers without any bill offered before. Lam. 405.

It differeth from an enditement, which is the verdict of the Iurours that be charged to enquire of that offence which is offered. Lam. 486.

Priests, vide Jesuites.

Principall and Accessarie, vide Accessarie.

Prison.

One committed to prison for refusing to finde [Page 185] sureties for the Peace, shall remain there till he freely offer and finde them. Lam. 93.

One committed for denying to finde sureties for the Peace, may not be delivered upon the death or release of the partie, without help of the Sessi­ons or goal-deliverie. Lam. 93. Quaere.

One imprisoned till he make fine that stood whilest one was slain, because he did not his best to attach the murderer. Lam. 132.

The Sheriffe or Goaler may imprison in his house or in the common goal at pleasure. Dal 297. Cro. 169. 8. Lam. 133.

Constable cannot imprison in his house but in the stocks, and that but untill he may provide con­venient aid to convey him to the Justice of Peace or the goal. Dal. 297. Lam. 133.

Just. of Peace cannot commit felons to prisons which be not common goals, nor make a goal of their own houses. Dal. 197. Lam. 133. 5. H. 4.

Justice of Peace may commit to the stocks some offenders against certain penall statutes. Dal. 297.

Breach of prison is the escape of a felon, though not endited, out of the goal, stocks, or possession of any keeper. Lam. 229.

One imprisoned upon a Capias pro fine is to be delivered upon payment thereof, Lam. 574. or upon pledges by recognizances for payment thereof.

Prisoners.

Every one who is under arrest for felonie, is a prisoner as well without prison as in the stocks, in the high-way, or in the possession of him that ar­rested or hath the keeping of him. Dal. 239.

To break prison is felonie, being committed [Page 186] for felonie. Lam. 229, 424.

Rescous to help a prisoner committed for felo­nie, to get away is felonie. Lam. 229, 424.

If an officer or other whatsoever by his wilfull default suffer a prisoner to escape, it is felonie. Lam. 229, 424.

Prison-breach is to escape out of the stocks, or out of any mans possession. Lam. 229.

Unlawfully to utter a device to set a prisoner at libertie, endited of treason concerning the Kings person, is felonie, Lam. 403. expired.

Churchwardens are to levie money for the relief of prisoners, and to pay it to the high Constable quarterly, who is to pay it to the collectour at the Quarter Sessions, and he is to distribute it weekly; any making default lose 5 pound. 14. Elis. 5. Lam. 475.

Prisoner of sufficient abilitie shall bear his own charges, and of them that shall be appointed to guard him to the goal; and he refusing, the Consta­ble of the parish where he dwelleth, by warrant from the Justice that committed him, may levie the same by distresse and sale of his goods after apprize­ment by foure of the parish, the overplus to be de­livered to the owner. 3. Jac. 10.

Prisoner not of abilitie, and those that guard him, to have their charges from the place of apprehension to the goal born by the parish where he is appre­hended, the same to be equally taxed by the Con­stables and Churchwardens, & two or three of the inhabitants, and allowed by the J. of P. 3. Jac. 10.

Any lawfully taxed for the charge of bringing a prisoner to the goal, and refusing to pay it, Consta­ble or other officer of the parish, by warrant from the Iustice of Peace that committed him, may levie [Page 187] the same by distresse, and (after apprizement by foure of the parish) sale of the goods, giving the owner the overplus. 3. Jac. 10.

Default in action for a distresse taken by force of the statute of 3. Jac. 10. may plead not guiltie, and give the speciall matter in evidence, and upon reco­verie or non-suit shall have treble damages. 3. J. 10.

Prisoners discharged by Iustices of Peace who take the enditement to be void, may be stayed if they change their opinion before judgement. Lam. 540.

Privie Sessions, vide Sessions.

Processe.

Processe hath the name because it proceedeth or goeth out upon former matter either originall or ju­diciall. Lam. 519.

Suggestions and informations, whether by word or writing, are but to stirre up the Iustices to com­mend the cause to the Inquest, and not to award processe upon them, Lam. 509. unlesse it be certain causes where it is especially given them by statute. ibid.

Authoritie to make processe upon enditements is given to the Iustices by words of their commission, or by implication where the power of hearing and determining is given by their commission. Lam. 520.

No processe, plea, or suit, is to be discontinued by making a new commission of the Peace. 11. H. 6. Ed. 6. 2. Lam. 520.

Processe upon all enditements of trespasse against the Peace or upon speciall statute is Venire facias; and if he be thereupon returned sufficient, then a Distringas infin [...]è; if he be returned [Page 188] nihil habet, then Capias aliàs, pluries. Exigent. Lam. 522, 523.

Processe upon the statute of unlawfull games, li­veries, maintenance, archerie, &c. Venire facias, Capias, Exigent. 33. H. 8. 10. Quaere it not re­pealed by 37. H. 8. 7. Lam. 523.

Processe upon the statute of victualls, attach­ments, Capias, Exigent. Lam. 523, 524.

Processe upon depraving the Sacrament is two Capias, Exigent, Capias ut legatum, and may be sent by any three Justices into any shire. Lam. 524.

Justices of Peace may award processe into a for­rein county against an accountant for money levi­ed for making a goal. 23. H. 8. 5. Elis. 4. Lam. 6. 25.

Iustices of Peace where the servant departed, may award a Capias to the Sheriffe of the shire wherein­to he departed, returnable before themselves. 5. Elis. 4. So where a decayed bridge is in one coun­tie, and the partie or land chargeable in another countie. 32. H. 6. 5. Lam. 525.

One indicted of treason or trespasse in one coun­tie, is imprisoned in another.

Iustices may award Habeas corpus to remove him before themselves. Lam. 526.

Processe upon indictment of felonie may be sent into any forrein countie. 5. E. 3. 11. Lam. 528.

Processe upon indictment of felony is two Capi­as and an Exigent. 23. E. 3. 14. Lam. 527.

Enditement of treason, felonie, or trespasse in one countie nameth the endited to be in another, the first processe shall go into the countie where he is indicted, the second to the countie where he is na­med, to be returnable three moneths after; and if he be not to be found there, then that Sheriffe to [Page 189] make proclamation at two Countie Courts before the Iustices of the countie when the indictment is at the day in the Capias; and if he appeare not, an Exigent to be awarded. 8. H. 6. 10. Lam. 525, 526.

The two Iustices of the Peace which have the oversight of the amerciaments, upon suggestion may make processe as in the trespasse against the offenders of that statute to answer before them. 11. H. 7. 15. Lam. 360.

No processe is to be awarded by the Iustice after outlawrie, but they are to certifie the outlawrie into the Kings Bench. Lam. 523, 524.

Processe upon informations must be such as the statute whereupon they are grounded do appoint. Lam. 528.

The Sheriffe or his minister that hath arrested, or caused any fine, ransome, or amerciament to be le­vied by reason of indictment or presentment at the Sheriffes turn or law day without processe from the Iustice, loseth 40 pound. 1. E. 4. 2. Lam. 45.

Informations made in the Sessions that an ale­house keeper hath done any thing whereby he hath forfeited his recognizance, the Iustice of Peace may award processe against him, to shew cause why he should not forfeit his recognizance, Lam. [...]. but quaere what processe.

Processe cannot be awarded by the Iustice of Peace upon any forfeited recognizance except ale­houses, but he must certifie them to the higher Courts. Lam. ibid.

Iustices of Peace where the servant departed, may award a Capias to the Sheriffe of the shire whereinto he departed, returnable before them­selves. 5. Elis. 4. Lam. 525.

Proclamation.

Justices of Peace cannot acquit felons by procla­mations, or without sufficient requitail; and if they cannot endite them, they must remain till the goal-delivery. Lam. 549, 550.

The form of proclamations to remove a force upon a writ upon the statute of Northampton, vi­de Lam. 168, 169. Dal. 46, 47.

Constable, if any affray be dangerous, may make proclamation. Lam. 132. Dalton makes quaere, 28.

One Justice of Peace may make a proclamation in the Kings name to stay a riot. Lam. 183. Quaere, for the statute 1. M. 12. d. 1. Elis. are expired.

Iustices of Peace at every Sessions use to make proclamation, that if any will inform for the King he shall be heard. Lam. 520.

Proclamation annexed to the statute of 4. Hen. 7. 12. is to be read every Qu. Sessions, or every Iu­stice present loseth 20 shill. 4. Hen. 7. 12. Lam. 633. Quaere if of force now.

Promoters, vide Informers.

Prophesying.

Prophesier with intent to make rebellion or other disturbance in the Realm, being convicted thereof before the Iustice of Peace, shall be im­prisoned one yeare without bail for the first of­fence, and forfeit also ten pound; for the second offence imprisoned all his life, and lose all his goods and chattels reall and personall, to be im­peached within six moneths. 5. Elis. 15. Lamb. 415, 416.

Purveyours.

If purveyours, caterers, or servants of any man but the King, take any thing without the owners will, or as they can agree and make present pay­ment, it is felonie. Lam. 231. Dal. 246. Crom. 48. a.

Purveyour shall not take cart or other provision of any Prelate or Clerk.

Purveyour, his deputie, undertaker, or servant maketh purveyance without warrant, of any thing above 12 pence, without consent of the owner, it is felonie. 2. & 3. P. & M. cap. 6. Lam. 422. Dal. 245. Cro. 48. a.

Purveyour taking any carriage in other manner then is comprised in his Commission, it is felonie. 36. Ed. 3. cap. 2. Lam. 423. Dal. 145.

Or any purveyour without Commission under the great Seai, Dal. ibid. Cro. 48. b. it is felonie.

Or make purveyance of goods above 12 pence, without testimonie and apprizement of the Con­stable and foure honest men of the town, and without delivering tales or indentures under his seal testifying his purveyance, it is felonie. Lam. 423. Dal. 245. 5. E. 3. a. 25. E. 3. 1.

To take more victuals or carriages for the Kings house, then he shall deliver to the same house, is felonie. Dal. 245.

To take sheep in their wools betwixt Easter and Midsummer at small prices, and to carrie them to his own houses to shear them, Lam. 423. Dal. 245. 23. E. 3. 15. is felonie.

Quaere if the felonie of purveyours by 36. E. 3. b. be not altered by 2. 3. H. 6. 14.

Purveyour taking any thing of 40 shillings, or under, without present payment, loseth double the value of the thing taken; and the Consta­ble upon request made, not aiding him to [Page 192] resist the purveyour so taking, loseth double da­mages.

And any of the Kings officers procuring any to be arrested or vexed for such resistance, loseth 20 pound. 20. Hen. 6. 8. & 23. H. 6. 2. Lam. 438.

Purveyour taking any thing of any man to spare him, is to be imprisoned two yeares, pay treble da­mages, and ransome. Lam. 439.

Purveyour taking corn by other measure then the stricken bushell, or by any more then eight such bushels to the quarter, and that hath taken carriages therefore without making ready paiment, is to be imprisoned one yeare, and pay 5 pound unto the King, and 5 pound unto the partie. 25. E. 3. 36. E. 3. 3. & 1. Hen. 5. 10. Lam. 439.

Purveyour of timber or his deputie, causing any timber to be felled fit for barking, but onely in barking time, except trees for building or repairing the Kings ships or houses, or having taken any pro­fit by the lops, tops, or barks of any trees, or ha­ving taken from the owner any more of any tree then onely the timber, loseth 40 shillings for every tree. Lam. 438, 439.

Dockets of Purveyours ought to be delivered over to the Iustice of Peace at the next generall Sessions, and by the Iustice to be certified to the treasurer of the Kings houshold. 2. & 3. P. & M. b. Lam. 614.

Purveyour taking any provision for the Kings house by force of his Commission, and selling a­way the same, his first taking is extortion, and he is punishable as a trespaster, if not as a felon. Dalt. 246.

Undertakers, deputies servants, and all other which under colour of the Kings Commission to [Page 193] the Kings purveyours, do take any victualls against the statute, are liable to the pains therein mentioned against purveyours. 2. & 3. Ph. & M. b. Cro. 48. b.

Justices of Peace are to certifie to the Treasurer of the Kings houshold the dockets of purveyours (brought to their Sessions by Constables) that the serving of such Commissions, and the true answering of purveyances may be better exami­ned thereby. Lam. 590. 2. & 3. P. & M. b.

Putting out of eyes.

Upon malice prepensed to put out any ones eyes, is felonie. 5. H. 4. 5. Lam. 420. Dal. 242. Cro. 49. a. Lam. 256.

Quarter-Sessions, vide Sessions.

Rape, or ravishment.

DEflowring of a maid under ten yeares old, with or without consent, is felonie without clergie. 18. Elis. cap. 6. Lam. 256, 421. Dal. 248. Cro. 47. b.

Ravishing of a woman against her will, without consent either before or after the fact, or being with force, though after she do consent, is felonie without clergie. West. 2. cap. 34. 18. Elis. 6. Lam. 256, 241. Dal. 248. Cro. 47. b.

To be present and aiding the ravisher, is rape. Lam. 258. Dal. 248. Cro. 47. b. Stam. 24.

No rape where the partie deflowred conceiveth with childe. Lamb. 257. Dalt. 248. Crom. 47. b. Stam. 24.

Deflowring of one kept as the deflowrers concu­bine, is no rape; otherwise of another mans con­cubine. Lam. 257. Dal. 248. Cro. 47. b. Stam. 24.

Force without carnall knowledge is no rape. Lam. 257, 258.

A woman that is ravished ought presently to levy hue and cry, and to complain thereof presently to some credible persons. Dalt. 248. Crom. 100. a. Stam. 22.

To ravish a woman who consenteth for fear of death, &c. is ravishment; for consent ought to be voluntarie and free. Dal. 248. Cro. 48. a.

Rates, vide Taxations.

Records.

To rase a record is felonie; yet if a Iudge do em­bezell or rase a record, it is but misprision in a Iudge. Dal. 243.

Embezelling of any record, writ returnable, pan­nell, processe, or warrant of Atturney in Chancery, Kings Bench, Exchequer, Common pleas, or Trea­surie, is felonie in the parties, their counsellours, procurers, or abetters. Dal. 243.

But it seemeth that Justices of Peace have not to do with these felonies. Dal. 148. Lam. 449. Cro. 56. 8. 8. H. 6. 12.

Rebellious assemblies.

The statutes 1. Mar. 12. and 1. Elis. are discon­tinued.

Recognisance.

Recognisance is a bond of record testifying the recogniler to ow a certain summe of money to some other, and the acknowledgement of the same is to remain of record, and none can take it but onely a Judge or officer of record. Dal. 284.

Every recognisance taken by a Iustice of Peace, must be made by these words Domino Regi, upon pain of imprisonment of any person that shall take it otherwise. Dal. 285, 332. 33. H. 8. 29. Cro. 196. 8. Lam. 162. Dal. 142.

Sureties in recognisances ought to be subsidie men, and they must be two besides the partie him­self. Lam. 101.

It is in the discretion of a Iustice of Peace, if he take a recognisance ex officio, to appoint or allow the number of the sureties, their sufficiency in goods and lands, the summe of money, and how long he shall be bound. Dal. 141. Lam. 100.

If a Justice of Peace be deceived in the abilitie of the sureties, he may compell the partie to put in another. Lam. 101.

Recognisance of the Peace, without expressing in the condition that it was for keeping of the Peace, seemeth void. Lam. 103. Dal. 142.

So it is if a recognisance be that a recogniser shall not maim or beat A, without expressing keeping the peace. Lam. 103. Dal. 142.

Recognisance comprehending no time of appea­rance, but generally to keep the peace, is good. Lam. 103. Dalt. 144.

Recognisance for the peace upon a supplicavit, is not of necessitie to be returned untill certiorari. Lam. 109. Dalt. 144.

Recognisance taken to keep the peace against one especially, quaere if it be good, Lam. 104. Dal. 143.

Recognisance taken ex officio, may be removed by Certiorari. Lam. 109. Dal. 145.

Recognisance not forfeited is discharged by the death of the King, the cognizer or the partie suing for it, if it were against him alone. Lam. 113.

The sureties dying, the recognisance is good against the executours. Lam. 113.

Recognisances taken are to be certified notwith­standing the death of the King, Lam. 113. or of the recognizer, or of the partie at whose suit it was granted. Lam. 113.

The recognisance being forfeited, the Justice shall in discretion require new sureties, or commit him to prison. Lam. 114.

Recognisance of the Peace brought into the Cu­stos Rotulorum and not pursued, may be called upon for the King by the Clerk of the Peace. ibid.

Justice of the Peace cannot award processe upon a forfeited recognisance, but it must be certified into the higher court, except recognisance for ale­houses, Lam. 589. Dal. 144. Cro. 167, and the cause of the forfeiture. Dal. 172.

Recognisances or examinations taken concern­ing suspects or felons, are to be certified at the next generall goal-delivery. 2. & 3. P. & M. 10. Lam.

Recognisances taken by a Iustice of Peace ex of­ficio, are to be brought into the Custos Rotulorum at the next generall Sessions, Lam. 109. Dal. 144. Cro. 139. a. but no pain by the statute of 3. H. 7. 1. if he do not.

None but the King can pardon a recognisance once forfeited. Lam. 113.

Reconciliation, vide Treason.

Records.

Records be nothing else but memorials or mo­numents of things done before Judges that have credit in that behalf. Lam. 63.

If a record say any thing, no man shall be recei­ved to averre or speak against it. Lam. 63.

The Judges may correct or amend any record in the term wherein the record is to be made, but af­ter they have no power at all over them. Lam. 64. Dal.

The record or testimonie of a Justice of Peace is in some cases of greater force then an enditement of a Iury, and against it the partie shall not be ad­mitted to traverse. Lam. 65.

Embezelling of a record is felonie, but not to be dealt withall by a Iustice of Peace. Lam. 231, 549.

Precepts for suretie of the Peace, speciall records for conviction of forcible entries made out of the Sessions, are not records of Sessions. Lam. 389.

Records of causes determinable at the Sessions taken by the Iustices of Assize at their goal-delive­rie as Iustices of Peace, are to be left with the Clerk of the Peace to be brought to the next Sessions of the Peace. Lam. 391.

One pleadeth a record before other Iustices by way of justification, the Iustices ought to give him day to bring in the record. Lam. 523.

A Justice of Peace upon a Commission being convicted by oath of twelve men of embezelling, wilfull rasing of an enditement, or maliciously in­rolling that for an enditement, which was not found, or changing an enditement of trespasse in­to an enditement of felonie, loseth his office, and shall be fined and imprisoned according to his of­fence.

Recusants.

Wilfully absenting themselves from Church 12 moneths, contrary to 1. Elis. 2. and convicted, being of 16 yeares of age, are to be bound to the good behaviour, upon certificate of one Iustice of Peace to the Kings Bench, 1. Elis. 2. besides other penal­ties. 23. Elis. Dalt. 80.

Every Iustice of Peace may give notice to any person to forbear to receive or keep such as shall ob­stinately refuse to come to the Church by the space of a moneth. 35. Elis. 1.

Heir of a Recusant being a Recusant at his ance­stours death, conforming himself, and taking the oath of supremacie made 1. Elis. before the Arch­bishop or Bishop of the Diocesse, shall be free from penalties for the recusancie of his ancestour. 1. Jac. 4.

Heir of a Recusant being under 16 yeares at the death of his ancestour, at or after 16 yeares be­comes a Recusant, he is not to be freed of his ance­stours penalties for recusancie, till conformitie as afore said. 1. Jac. 4.

Two parts of Popish Recusants lands being sei­sed for payment of 20 pound a moneth, the third is not to be charged with it, but is to descend to his heir, and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir. 1. Jac. 4.

Any sending his children beyond the seas out of the Kings dominions to any religious house, to be instructed or strengthened in Poperie, loseth 100 shill. and the person so going, or being there, and not returning in one yeare, is disabled to inherite, purchase, or take any lands or goods in his Majesties dominions, till conformitie. 1. Jac. 4.

Estates in trust for benefit of any sent beyond [Page 199] the sea to any religious house to be instructed in Popery, are void. 1. Jac. 4.

Forfeitures upon the statute of 1. Jac. 4. against Popish Recusants, half to the King, and half to the suer in any the Courts of record at Westminster by action of debt, &c. 1. Jac. 4.

Popish Recusant conforming himself in coming to Church according to the law, and after convicted for nor receiving the Sacrament once every yeare, loseth for the 1 yeare 20 pound, for the second yeare 40 pound, for the third yeare 60 pound: And if af­ter conformitie in receiving the Sacrament, he of­fend therein, he loseth for every offence 60 pound, one moytie to the King, the other to the informer, to be recovered in any of the Kings Courts at West­minster, or before the Iudges of Assize, or Iustices of the Peace at their Qu. Sessions by action of debt, &c. 3. Jac. 4. Lam. 418.

Constables and Churchwardens, or for want of them, the high Constable once every yeare, are to present the monethly absence of Popish Recusants from Church, with the names of the servants and children above 9 yeares old, or lose 20 shill. for eve­ry offence, and upon their conviction to have 40 shill. out of their goods. 3. Jac. 4.

Clerk of the Peace is to record the presentment of Constables and Churchwardens for monethly absence from Church, without fee, or loseth 40. shill.

Offences upon any statute for not going to Church or receiving the Sacrament, may be heard and be determined by the Iustices of Peace at their Qu. Sessions, as Iustices of Assize might before. 3. Jac. 4. Lam. 617.

Upon an enditement for not coming to Church, or not receiving the Sacrament, Iustices of the [Page 200] Peace at their Qu. Sessions may by proclamation command the indicted to render his bodie to the Sheriffe before the next Qu. Sessions or Assizes, and in default of appearance, then the same to be a sufficient conviction. 3. Jac. 4. Lam. 616.

Popish Recusant convicted of not coming to Church according to law, shall in Easter or Micha­elmasse term next after the conviction, pay into his Majest. receit after the rate of 20 pound a moneth, and so to continue without any other enditement, till he conform himself; and in default of payment, all his goods, and two parts of his lands to be seized till conformitie, leaving the mansion house to the third part. 3. Jac. 4.

The King seizing two parts may not let it to any Recusant nor for their use, and the lessee must give security to the King, not to commit waste. 3. Jac. 4.

Enditements against Popish Recusants are not to be avoided for want of form untill conformitie. 3. Jac. 4.

Iustice of Peace may heare and determine all of­fences against the statute 3. Jac. 4. except treason. 3. Jac. 4. Lam. 617.

Attainder of felonie upon the statute of 3. Jac. 4. of Popish Recusants, barreth not dower, nor cor­rupteth bloud. 3. Jac. 4.

Any pursued for doing any thing warranted by the statute of 3. Jac. 4. may plead the generall issue, and give the speciall matter in evidence. 3. Jac. 4.

Husband is not chargeable with the forfeiture of the wife upon the statute of 3. Jac. 4. for not recei­ving the Sacrament, nor the wife after his death.

Popish Recusant convict, coming to the court where the King or his heir apparant is, with­out the Kings command, or warrant in writing [Page 201] from the Councell, loseth 100 pound, 3. Jac. 5. the one half to the prosecuter.

Recusants convict or other forbearing for three moneths to heare divine service, now dwelling in London or within 10 miles, (except tradesmen having no other dwelling) are to depart within 40 dayes, and if they come to dwell there within 3 moneths, then to depart within 10 dayes after con­viction, and to deliver their names to the Maior of London or the next Justice of the countie, or lose 100 pound, 3. Jac. 5. the moytie to the pro­secuter.

Every one not repairing every sunday to some usuall place appointed for Common prayer, there to heare Divine service, upon conviction within one moneth after default, upon confession or oath of one witnesse, one Justice of Peace may call the offender before him, and if he cannot satisfie the Justice by excuse for his absence, the Churchwar­dens by warrant from the Just. of Peace, may levie 12 pence for every default by distresse and sale of the offenders goods; & in default of distresse the Justice may commit him till he pay it, which is to be imployed for the poore. 3. Jac. 4. Dal. 80.

They which harbour within their houses any (except parents or others to whose custodie they are committed) or knowing the same retain in their service any absenting themselves a moneth toge­ther from Church without reasonable excuse, lose 10 pound a moneth. 3. Jac. 4.

The King or five Lords of the privie Coun­cell may by writing under the hands of the privie Councell license a Popish Recusant confined five miles, to travell o [...] of his compasse for such time as is contained in the license, without inserting any cause. 3. Jac. 5.

Popish Recusant confined to five miles, inform­ing upon oath foure Iustices of Peace that he hath necessarie occasion to travell further, and that he will make no causelesse delayes, they, with the as­sent of the Bishop of the diocesse, Lieutenant or his deputie under their hands and seals, and specifying in their license the cause and time of travell, may by license under their hands and seals give libertie to him to travell forth of his compasse, all other li­censes to be void; and any travelling without such license, not having taken such oath, shall for­feit as a Recusant convicted by the statute of 35. El. 2. 3. Jac. 5. Dal. 84. Lam. 365.

Statute 35. El. 2. confining Popish Recusants to certain limits is hereby confirmed, and the pro­viso for licensing them to go beyond their limits is hereby repealed. 3. Jac. 5.

Popish Recusants convicted, are not to practise the common or civill law, nor physick, nor to exe­cute any offices, places, or trades belonging to any of them, nor to be Minister or officer in any Court, nor to have any place of command, or office in warre, nor any office or charge in any ship, castle, or fortresse of the Kings, on pain of an 100 pound, one moytie to the King, the other to him that will sue. 3. Jac. 5.

Popish Recusant convicted, or whose wife is a Popish Recusant, during recusancie not to execute any publick office or charge in the Realm.

Married woman being a Recusant convicted, whose husband is not convicted, not conforming her self according to law, forfeiteth to the King two parts of her dower and joynture, and is dis­abled to be executrix or administratrix to her hus­band. 3. Jac. 5.

Popish Recusant upon conviction is to be ad­judged excommunicate to all intents, except in be­ing able to sue for or concerning his lands and lea­ses not seised by the King. 3. Jac. 5.

Recusant convicted, married otherwise then by a Minister lawfully authorised, and according to the orders of the Church, is disabled to be tenant by courtesie, or in dower, or by jointure, or to have widows estate or frankbank, or any part of her husbands goods; and marrying any, by whom he is not entituled to be tenant by the courtesie, loseth 100 pound, one moytie to the King, the o­ther to him that will sue. 3. Jac. 5.

Childe of a Popish Recusant, not baptized ac­cording to the orders of the Church within one moneth after the birth, the father or mother, if he die within the moneth, loseth 100 pound, where­of one third part to the King, another to the poore of the parish, and the third to him that will sue. 3. Jac. 5.

Popish Recusant excommunicated, buried other­wise then according to the orders of the Church, his executours or administratours knowing it or causers of it, lose 20 pound, one third part to the King, one third part to the poore of the parish, and one third part to him that will sue for it. 3. Jac. 5.

Popish Recusant convicted, during his convicti­on, to be from the ending of that parliament disa­bled to grant any advo [...]son, &c. or to present or no­minate to any spirituall living, the same to remain to the Chancellours of the Universities, according to the severall shires limited in that statute, so that they present none having a former benefice with cure; if they do, the same to be void. 3. Jac. 5.

Penalties upon the statute of 3. Jac. 5. against [Page 204] Recusants to be recovered in any his Majesties courts of record by action of debt, bill, plaint, or information, without [...]ssoin, protection, or wa­ger of law. 3. Jac. 5.

Married woman under Baronesse, convicted of not coming to Church, who doth not within three moneths after conform her self, to be committed by two Justices of the Peace, one being of the Quorum, untill conformitie, unlesse her husband pay 10 pound a moneth to the King, or the third part of his lands. 7. Jac. 6.

The penaltie of 12 pence, and of 20 pound a moneth shall be both of them payed by a Recusant convict. Dal. 104. Cook 11. 63. b.

Two Justices of the Peace may require a con­victed Recusant of small abilitie, who repaireth not to the place of his dwelling, or place of his birth, there to notifie himself to the Minister and Constables according to the statute of 35. Elis. or afterwards remove 5 miles from the same (if upon apprehension he conform not within 3 moneths) to abjure the realm and assigne him his time and haven. 35. El. 2. Dal. 8.

The form of the oath.

You shall swear you shall depart this Realm of England, and all other his Majesties dominions, and that you shall not return hither or come again into any of his Majesties dominious without license of our soveraigne Lord the King, or of his heirs; so help you God. Dal. 107. Stam. 119.

Every such Recusant that refuseth to abjure, or after abjuration doth not within the time appoint­ed go to such haven and depart, or after such abju­ration [Page 205] returneth without his Majesties speciall li­cense, in every such case shall be adjudged a felon. 35. El. 2. Dal. 108. Lam. 419.

The Justices of Peace before whom such abju­rations shall be made, must presently cause the same to be entred at the next generall goal-deliverie in the said countie. ibid.

The Bishop of the diocesse or any one Justice of Peace, or Minister of the parish where such convicted Recusant shall be, may require his submission. ibid.

Justices of Peace at their Quarter Sessions may require, heare, and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law, as J. of Assize and goal-deliverie may do, and at the Sessions (in which such enditement shall be taken) make pro­clamation to render their bodies to the Sheriffe, and before the next Quarter Sessions, at which if the offender make not appearance of record, it shall be a conviction. 1. Jac. 4. Lam. 616.

Regratour.

Regratour is he that buyeth live or dead victu­alls, tallow, or candles in the market, and selleth the same there, or within 4 miles. [...]3. El. 25. Lam. 450.

Release.

Iustice of Peace compelleth one of his own mo­tion to give suretie of the Peace untill a certain day, he may by like discretion release it before the day. Lam. 110. Dal. 146. Cro. 139. b.

Partie bound generally to keep the Peace with­out any day limited, it is for life, and no man can release it. Lam. 110. Dal. 146. Cro. 142. b.

Recognisance is taken at the suit of [...] to keep the Peace against him onely, A may release it be­fore the same Iustice or any other that will certifie it. Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the partie bound of his appearance, so that he shall not be called upon for his recogni­sance. Dal. ibid.

Recognisance is taken versus cunctum populum, praecipuè versus A; yet A may release it before any Iustice: tamen quaere, Lam. 110. Dal. 147. Cro. 142. b.

Recognisance is taken by discretion or upon suit, the King cannot release or pardon it before forfei­ture. Lam. 111. Dal. 147. Cro. 140. b. 141. a.

The Peace being released, the recognisance must not be cancelled, but certified at the Sessions with the release, lest peradventure the Peace was broken before the release made. Lam. 111. Dal. 144. Cro. 1.

Whether the good abearing taken upon com­plaint may be released by any speciall person, quae­re, Lam 133. Dal. 163.

Neither the Iustice of the Peace nor the partie can discharge the recognisance of the Peace by the release out of the Sessions; for first the recognisance is made by the King, and therefore none but the King can release or discharge it. Secondly, the re­cognisance is taken for the parties appearance, and the release cannot discharge the appearance. Dal. 175.

The appearance is requisite, notwithstanding [Page 207] any release made; first, for the safetie of the recogni­sance; secondly, that others may object in open Sessions, if he have broken the Peace, that he may be endited thereupon. Dal. 176. F. contra Comp. 139. b.

If the Iustices of Peace at the Sessions do certifie the release, by this the obliged is discharged, and shall not be called upon for his recognisance, nor his default recorded; for the principall cause of the recognisance was the keeping of the Peace, the which is discharged by the release which is certified at the Sessions, and then the appearance is but ac­cessarie to the same, and the intent is onely that then he should finde new suretie if the partie will not release: and this is the common usage.

Vide plus Recognisance, & Forfeiture.

Religious houses.

The owner of the site of a religious house dis­solved, must keep a continuall house there, or lose 20 nobles a moneth, to be enquired of at the Quar­ter Sessions. 27. H. 8. 22. 5. El. 2. Lam. 471.

Replevin, vide Bailment.

Rescous of a Felon.

Rescous is to help a prisoner to get away; and if it be a felon, it is felonie. Lam. 229. Dal. 238, 239.

Rescous of a felon before arrest is no felonie, otherwise after arrest. Lam. 230. Dal. 229. Quaere.

Rescuing a prisoner going to the gallows, is fe­lonie. Dal. 229.

A warrant being granted by a Iustice of the Peace for unlawfull hunting of deer or conies, to make rescous thereupon, is felonie. Dal. 57.

Rescous against an officer or person authorised to execute the statute of 39. El. 4. loseth 5 pound, and is to be bound to his good behaviour. Dal. 101.

Restitution of Possession.

None shall have restitution but such as are put out of house or land. Dal. 171. 183. Cro. 162. b. Lam. 153.

If it be found upon enquirie that any have en­tred or held with force, contrarie to the statute 8. H. 6. 9. the Iustice of Peace may reseise and put the partie so put out in full possession. Dal. 182. Cro. 161. b.

The Iustice of Peace needeth not to stay or stand upon the right or title of either partie. Dal. 183. Cro. 161. b. 164. a.

No restitution is to be made where there was onely a possession in law. Lam. 153.

In a restitution it is not enough that the putting out be found, unlesse the enditement do also con­tain in it adhuc extra tenet. Dal. 183. Cro. 163. b. Lam. 153.

Restitution ought to be made to none other then the partie put out. Dal. 183. Cro. 162. b. Dal. 183. Lam. 153.

After the entring or detaining with force found, the Iustice of Peace may by himself or precept to the Sheriffe under the test of himself alone restore the partie grieved to his possession. Dal. 185. Lam. 156.

None can make restitution but they before [Page 209] whom the enditement is found, but the Justices of the Kings Bench, either upon certificate made by the J. of P. before whom it was found of the present­ment, or if the said presentment or enditement be removed by Certiorari. Dalt. 185. Lam. 157, 158.

If the Sheriffe return upon a precept or writ of re­stitution that he cannot make restitution for resist­ance, he shall be amerced, for he may take the power of the county. Dalt. 185. Lam. 157. Cro. 163. b.

Justice of Peace before whom the presentment was made, dieth before restitution; quaere, whether the Justices at the Sessions can award it. Lam. 155.

Justices of Peace ought not to award restituion where the enditement is sufficient in law, either in matter or form. Dalt. 183.

In the enditement 1. not onely an entrie must be, but also a putting out: 2. the enditement must ex­presse the qualitie of the thing, (viz.) whether it be messuage, cottage, medow, pasture, wood, or land arable: 3. it must say Et adhuc extratenent: 4. Ex­pulerunt & adhuc extratenent: 5. one of these two words manu forti, or cum multitudine. Dalt. 183. Cro. 169. b. Lam. 153.

If errour or insufficiencie be in the enditement taken before Justices of Peace, & restitution award­ed, any two Justices of those that were present at the taking thereof may at another Sessions, or with­out Sessions grant a supersedeas if the Sheriffe have not made restitution before. Dalt. 184. Cro. 162. a.

If restitution be made by Iustice upon insuf­ficient enditement, and it be removed into the Kings Bench, the court will restore the partie put out by the Iustice of Peace. Dalt. 183, 184. Cro. 168. a.

1. No restitution upon an enditement to be made, if the party endited hath had the occupation or been [Page 210] in quiet possession three yeares together next be­fore the day of the enditement found, and his estate not ended, which the partie may alledge for stay of restitution, untill it be tried, if the other will traverse or denie the same. 31. Elis. cap. 11. Dal. 188.

2 Certiorari.

3 A traverse: quaere, Lam. 158.

4 Insufficiencie of the enditement.

5 Insufficiencie of the Iurours not having 40 shill. land by the yeare. Quaere.

Iustice of Peace, upon enditement found, may give restitution as formerly to free-holders, to te­nants for yeares by copie of court, guardians in Knights service, tenants by elegit stat. merchants or staple. 21. Jac. 15. Dal. 201.

Restitution of stollen goods.

He that hath goods stollen, if the felon be thereof endited and arraigned, and found guiltie thereof, or otherwise attainted by reason of evidence: given by the partie robbed, or the owner of the goods, or other by their procurement, then the goods shall be restored though they never made fresh suit. Dalt.

And the Iustices have power to award writs of restitution. 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a.

Executours shall have restitution after attainder or conviction upon evidence by their means given. Dalt. 262.

Three are robbed, restitution shall be onely to such for whose goods the felon was endited. Dalt. 263. Cro. 191. a.

A felon stealeth from feverall men, is attainted [Page 211] onely at the suit of one; the King shall have the goods of those, at whose suit he was not attainted. Dal. 263.

There be divers theeves, and onely one princi­pall is attainted, the robbed shall have restitution. Dal. 263.

If the felon sold the stollen goods in market overt, or in a fair, no restitution, except he that bought them were privy to the felony. ib. Cro. 191. a

No restitution of stollen goods, if he know not the felon. Dal. 263.

No restitution if the felon leaveth the goods and escapeth, and the Lord of the manour seiseth them. Dal. 263.

If the felon had not the goods in his possession when he fled, but left them elswhere, they are not waived, but the owner may take them wheresoever he findeth them. Dal. 263. Cook 5.

Return.

Recognisance taken upon supersedeas ought to be returned at the next Qu. Sessions. Supplicavit is to be returned into the court whence it came. Lam. 107

Return of a recognisance upon a supplicavit, is not of necessitie till Certiorari. Lam. 109.

Return of Iurours, vide Iurours.

Vide Recognisance, & Release, & Certificate.

Riots.

Riot is where three or more persons be disorderly assembled to commit with force any unlawfull act, and do accordingly execute or attempt the same. Lam. 176. Dal. 192. Cro. 61. a.

Rivers.

Every Iustice of Peace is a conservatour of rivers within his countie, and may survey the weares in rivers that they be of reasonable widenesse. Lam. 189.

Rogues.

All persons here under mentioned, being above the age of 7 yeares, may be punished as rogues. Dal. 97. 39. El. 4.

1 All going about begging about any pretence or colour, though licensed by any subject, except in some particular cases after mentioned. Dal. ibid. Lam. 442.

2 All going about the countrey using any sub­tile craft or unlawfull games, as fortune-tellers, juglers. ibid.

3 All projectours, patent-gatherers, or colle­ctours for prisons and hospitalls. ibid. 442.

4 All fencers, bearwards, common players of [Page 221] interludes, and minstrels wandring abroad. ibid. Lam. 443. 1. Jac. 7.

5 All pedlers, pettie chapmen, tinkers, and glassemen wandring abroad. 1. Jac. 17. Dal. ibid. Lam. 443.

6 All wandring labourers able in bodie, refu­sing to work for reasonable wages, having nothing but labour to maintain themselves. Dal. ibid. Lam. 443.

But such as are of any parish, able to work for the usuall wages taxed in those parts, are to be sent to the house of correction. Dal. ibid.

7 Poore of the parish begging otherwise then is appointed them, or begging by high-wayes, ibid. are to be sent to the house of correction.

8 All pretending to be Egyptians, not being felons. Dal. ibid. Lam. 443.

9 Souldiers or mariners that begge, except souldiers or mariners having a testimoniall from a Iustice of Peace neare the place of their landing, with the place of their dwelling or birth to which they are to passe, and a convenient time limited for their travell, and pursuing the said li­cense, 39. Elis. 4. or do counterfeit any certificate from their Generall, Governour, Captain, Lieute­nant, Marshall, Deputie, or Admicall. Dal. 97.

10 Diseased persons travelling to the baths and licensed, if they beg, or not licensed by two Iusti­ces, or not returning as they are limited. Dal. 97, 98. Lam. 443.

11 A rogue once whipped, not performing the order appointed by his testimoniall. Dal. 98.

12 A rogue going with a generall pasport, not directed from parish to parish, Dal. ibid.

So a rogue carrying his own pasport without a guide. Dal. 98.

13 Servant departing out of service without testimoniall, 5. El. 4. or taken with counterfeited testimoniall. Dal. 98.

14 Persons infected with the plague, going abroad contrary to order. 1. Jac. 31. Dal. ibid.

15 Persons able to labour and relieve themselves and families, that runne away or threaten to runne away and leave their charge to the parish. 7. Jac. 4. Dal. 98.

16 Any calling himself a scholar, that hath gone about begging. Lam. 443.

17 Any pretending losse by fire or otherwise, that wandring beggeth. Lam. 443.

18 Any delivered out of goal, that hath begged for fee. Lam. 443.

Any Justice of Peace may appoint any person to be openly whipped naked, even unto bleeding, that shall be taken begging, wandring, or misordering himself, and is declared by the statute, 39. Elis. 4. to be a rogue, vagabond, or sturdie begger, and shall cause him so whipped to be sent from parish to parish by the officers of the same, the next way to the parish where such person was born, if it can be known; if not, to the parish where such rogue last dwelt before the punishment by the space of a yeare, there to labour; or not being known where he was born or dwelt, then to the parish through which he last passed without such punishment, to whom the Justice shall under his hand and seal make a testimoniall witnessing his punish­ment, day and place thereof, and whither he is limited to travell, and by what time. [Page 223] And in case such place of birth and last dwelling be not found nor known, then such person shall by the officer of such village through which he last passed without punishment, be conveyed to the house of correction of the limit, or to the common goal, 39. Elis. 4. there to remain untill such person be placed in service for one yeares continuance, or not being able of bodie, till such person be placed in some almes-house of that place or countie. Lam. 204, 205.

He is an incorrigible rogue that misreports the place of his birth, and is to be sent to the house of correction in the countie to which he is sent; and if there be none there, then to the goal untill the next Sessions: so if he misreport the place of his last dwelling by the space of a yeare, if it appeare not where he was born. Lam. 207. Res. 12. Dal. 98.

Husband and wife having an house, rogue about, they must be sent to the town where that house is; and so of an inmate. Lam. 207. Res. 3. Dal. 98.

Wife, and children under 7 yeares being vagrant are to be placed with the husband; if the husband be dead, then where they were born or dwelt last, Lam. 227. Res. 4, 9, 10. Dal. 98.

Children vagrant above three yeares old must be sent to the place of their birth. ibid. Dal. 98.

Vagrant persons and parents, with their children under 7 yeares of age, being once placed at the place of birth of their parents or last dwelling, the pa­rents dying after or running away, the children once settled must still remain there. ibid. Dal. 98.

Wife vagrant is to be sent to her husband, though he be but a servant. Lam. 208. Res. 5. Dal. 98.

Rogue, whose place of birth or dwelling cannot be known, hath wife and children under 7 yeares of age, they must be sent with the husband to the place where they were last suffered to passe unpu­nished, and the children must be relieved by the work of the parents, though the parents be sent to the house of correction. Lam. 208. Res. 6.

Rogue sent to a town, and refused by the Churchwardens and Overseers to whom he is to be offered, is a forfeiture of 5 pound in the refuser. Lam. 210. Res. 12, 14. Dal. 101.

Rogue sent from the place where he is taken, by a generall pasport, without conveying him from pa­rish to parish, is a let in the taming of rogues, and a forfeiture of 5 pound. Lam. 210. Res. 13. Dal. 101.

Rogue going with such a pasport, continuing a rogue, is to be punished by whipping. ibid.

By parents is to be understood father or grand­father, mother or grandmother, being able persons. Lam. 210. Res. 16.

By children, any childe or grandchilde being unable. Lam. 210. Res. 15.

Diseased person soliving of almes, and travellers to Bath or Buxton for remedie, are to be licenfed thereto by two Iustices of Peace, 39. Elis. 4. Lam. 532. yet may not beg, but must be provided of maintenance for their travell. Dal. 100 97, 98.

Forfeiture of offences against the statute 39. El 4. upon conviction or confession by two witnesses be­fore two Iustices of Peace, may cause the same to be levied by warrant under their hands and seals, by distresse and sale of the offenders goods. 39. El. 4. Lam. 331.

All questions growing upon the statute of rogues, may be heard and determined by two Justices of Peace, 39. Elis. 4. Lam. 359. whereof one of the Quorum. Dal. 103.

Constable or tithing-man not doing his endea­vour to apprehend rogues within their limits, or wilfully suffering them to escape unpunished, for­feiteth 20 shill. for every offence; the like if they do not convey them away towards their dwelling or place of birth. 39. El. 4. Lam. 444. 1. Jac. 7. Dal. 102.

Rescous or hindring the execution of the statute 39. Elis. 4. forfeiteth 5. pound, and is to be bound to his good behaviour. 39. Elis. 4. Lam. 444. Dal. 101.

Minister of the parish not keeping a register of the testimoniall of rogues punished in his parish, and conveyed thence, loseth for every default 5 shill. 39. Elis. 4. Dal. 101. Lam.

Every one is to carry to the Constable such beg­gers as they shall know to come to their doores for almes, or lose ten shillings. 1. Jac. 7. Dal. 102.

Justices of Peace are to meet twice a yeare in their severall divisions, for the executing of the statute 7. Jac. 4. against vagabonds, and 4 or 5 dayes before by warrant to command the Constables of hundreds or towns by assistants of some of every town, to make a generall privie search by night, for finding and apprehending rogues to be brought before the Justices at their meeting by them, and punished, or sent to the house of correction. 7. Jac. 4. Dal. 103.

Constables at every meeting of the Just. of Peace for the execution of the statute of rogues, are to give an account upon oath in writing, and under the hand of the Minister of the parish, what rogues, &c. they have apprehended both in the same search, and also between every meeting, and how many have [Page 226] been punished by them, or sent to the house of cor­rection; & in default thereof, be fined under 40 shil. as by the most of the Just. shall be assessed. 7. Jac. 4. Dal. 103.

No man is to be put out of the town where he dwells, or sent to his place of birth or last habitati­on, but onely a vagrant rogue. Dalt. 99. Resol. 9. Lam. 209.

So of them whose terms of their houses are expi­red, and servants whose times of service are ended; for they must provide themselves houses anew, if they be not impotent for ever.

Dangerous rogues are to be banished, or condem­ned to the gallies by the Iustices at their Qu. Sessi­ons. 39. Elis. 4. Lam.

Rogues by judgement of most of the Iustices of Peace in open Sessions adjudged incorrigible, ought to be branded on the left shoulder with the letter R, and then to be sent to their dwelling; if they have none, then to their last dwelling place where they dwelt for a yeare; or if that cannot be known, to their places of birth. 1. Jac. 7. Vide plus House of Correction.

Robberie.

Robbery is a violent taking away of any goods from any mans person, with intent to steal them, Lam. 267. and putting him in fear thereby, though the thing taken be but to the value of an half-peny. Dalt. 227. Cro. 33. b.

But if a felon take money from me in the high­way, and shall not put me in fear, it is not robberie. Dal. 222. Cro. 34. b. Lam.

If a thief take nothing from my person, but assault­eth me, whereby he getteth any thing from me, it is robbery. Dal. 227.

As, 1. I cast my purse on the ground, and he ta­keth it away. Dal. 227. Lam. 268.

2. After assault he prayeth me to give him a peny, and I do so. Dal. 227.

3. If upon assault I deliver my purse. Dal. 227. Cro. 34. a. Lam. 267, 268.

4. If flying from a thief I cast my purse into a bush, and he doth after a day take it away. Dal. 227. Cro. 34. b. 35. a. Lam. 268.

5. If upon assault I flie away, and my hat fall, and the thief carry it away. Dal. 227. Cro. 35. a.

6. If a thief bid me deliver my purse (without any force used) and I deliver it, and he finding but two shillings in it, delivers it again. Dal. 227. Cro. 34. b.

7. If by threats he compell me to swear to bring him money, and afterward I bring him the money accordingly. Dal. 228. Lam. 228.

8. In some cases it is robberie, though the thief neither take it from my person, nor assault me.

As, 1. A thief taketh my goods openly in my presence against my will, the fear is the like as if it had been from my person. Dal. 228. Cro. 34. a. Lam. 269.

2. To take a horse or a beast out of my pasture, I looking on, if the felon put me in fear. Dal. 228. Cro. 34. b.

3. To make it robbery, the person must be put in fear. Dal. 228. Cro. 34. b.

4. Two come to rob me, and one acteth it, be­ing out of the sight of the other, who after return­eth to him; it is robbery in both. Dal. 228. Cro. 34. a. Lam. 270.

To assault one to rob him without taking any thing, is not robberie. Dal. 227. Cro. 34. a.

After a robbery committed, the hundred must an­swer the losse, if the robbers be not taken within 40 dayes: if it be done in the division of two hundreds, both hundreds & the franchises within them must be answerable. Dal. 128.

No person robbed shall bring any action upon the statute of Hue and Cry, except he be first exami­ned within 20 dayes next before the action, and brought upon his corporall oath before some one Iustice of Peace of the countie where the robberie was committed, whether he doth know any of them that did the robberie; upon which examinati­on if he confesse he knoweth any of them, then shall he before such action brought enter into reco­gnisance before the said Iustice, effectually to pro­secute such persons by indictment or otherwise ac­cording to the due course of the laws of this Realm. 27. Elis. 13. Lam. 202.

After robbery committed, the robbed shall not re­cover against the hundred, except 1 with all conve­nient speed he give notice of the robbery to some in­habitant neare to the place where the robbery was committed.

2 He commence his action within a yeare and a day next after such robbery committed.

3 He be examined ut suprà, Dal. 104. before a Iustice of Peace.

The whole hundred must answer the robbery, if the robber be not taken within 40 dayes, and the hundred wherein defect of fresh suit is, one moytie. Dalt. 129.

Any two Iustices of Peace in the hundred, one be­ing of the Quorum, may assesse all towns and pa­rishes in the said hundred and liberties therein, to­wards an equall contribution; which money the [Page 229] Constable must deliver to the same Iustices within ten dayes after collection, and they upon request to those to whose use it was collected. Dal. 104. Cr. 197. a

And the hundred shall be assessed in like sort in default of pursuit of fresh hue and cry. Dal. 105, 129

Robbery in a house doth not charge the hundred, whether it be done in the day or in the night. ibid.

The hundred is discharged upon taking of any of the offenders by pursuit, Dal. 109. so if the partie robbed take any of the offenders after hue and cry made. Dal. ibid.

Robbing a house or any out-house, as a barn or stable in the day, to the value of 5 shill. Robbing a house by day or by night, any person being therein, and thereby put in fear. Robbing any person in any part of his dwelling house, the owner or dweller, wife, children, or servants being in any place with­in the precinct of the same, sleeping or waking. Robbing any booth or tent in fair or market, the owner, his wife, children, or servants being in the same, sleeping or waking. All these are as penall as Burglarie. Dal. 146. Lam. 265. 39. Elis. 15.

Rome, vide Pope.

Rout.

Rout is where three or more persons be disorder­ly assembled to commit with force, whether they put in execution their purpose or no, if they so do go, ride, or move forward after their first meeting. Lam. 176.

Sacriledge.

SAcriledge is the felonious taking of goods out of any Church or Chappell. Lam. 420.

Sacraments.

Three Iustices of Peace may take accusation by oath of two witnesses against such as deprave the Sacrament of the Supper, and examine what witnes­ses were by, and binde them all to give evidence at the day of triall; and they being found guiltie shall be imprisoned and fined. 1. Ed. 6. 1. Lam. 366, 416. Quaere.

Three Iust. of Peace, one being of the Quorum, may award against one endited upon the statute of 1. E. 6. 1. for depraving the Sacrament, a Capias, Exi­gent, and Capias ut legat. into any shire. 1. Ed. 6. 1.

Saltpeter-men.

Saltpeter-men cannot dig in the mansion house of any subject without his assent, in regard of the dan­ger that may happen thereby in the night time to the owner, his family and goods by theeves and other malefactours. Dal. 177. Cook 11. 82.

Schoolmaster.

To keep or maintain a schoolmaster which resort­eth not to Church, or is not allowed by the Bishop or Ordinary of the Diocesse, the maintainer forfeits ten pounds for each moneth, and the schoolmaster to be imprisoned for a yeare without bail, and dis­abled. 23. Elis. 1. Lam. 419.

Any keeping a schoolmaster out of the Universi­tie, except in publick Grammar-school, and except in such Noblemen and Gentlemens houses as are not Recusants, and licensed by the Archbishop or Guardian of the Diocesse, both keeper and school­master forfeits 40 sh. a day. 1. Jac. 4.

Seditious sectaries.

One Justice of P. may within three moneths after the conviction of any seditious sectarie or Popish Recusant described in the statute of 34. El 1 require the submission of him to conformitie, and in de­fault of such submission, may require him to abjure the Realm; and if he refuse, or after return without license, it is felonie. 35. El. 1. & 2. Lam. 204.

Sermon, vide Preaching.

Servants, vide Labourers and Apprentices.

Serving-men, vide Testimoniall.

Sessions of the Peace.

The Sessions of the P. is an assembly of any two or more Just. of P. one being of the Quorum, at a certain day & place within the limits of their Com­mission, appointed to enquire by a Iury or otherwise to take knowledge, and thereupon to heare and de­termine according to their power of causes within the Commission and statute referred to their charge. Lam. 278.

Sessions held without summons are good, but then none shall lose any thing for default of appear­ing. Lam. 380, 381.

Summons of the Sessions is usually by precept written to the Sheriffe, and by him to be returned at the Sessions. Lam. 381, 385.

Precept for summoning the Sessions may be made by any two Just. of Peace, one being of the Quor. but not the Custos Rotulorum alone; and summons cannot be discharged by Supersedeas of all the o­ther Justices, but by Supersedeas out of the Chan­cerie. Lam. 382, 383.

Sessions held by one Iustice of Peace is not good, [Page 232] although it were summoned by two, and styled by their names; but by two sufficient Iustices it is good, though it be styled by the name of three. Lam. 383.

Quarter Sessions are to be held foure times in the yeare, (viz.) the first week after S. Michael, the E­piphanie, the clause of Easter, after the translation of S. Thomas the martyr, which is 2 Iuly. 2. Hen. 5. 4. Lam. 597.

The Easter Sessions by 33. Hen. 8. cap. 10. are to be holden as arbitrable, and therefore though by summons they be to be kept in one place, yet they may be kept in another; but then there can be no amerciament for default of appearance. Lam. 383, 384.

Two Sessions at one time for one Countie law­fully summoned at two places, both are good, and appearance at one shall excuse default of appearance at the other, and presentments taken before either of them shall be good. 384.

At a generall Sessions all matters enquirable by Iustices of Peace, either by their Commission, or by statute, ought to be given in charge, otherwise a speciall Sessions, Lam. 623. and may be held three dayes. 606.

Two sorts of men ow their ordinarie attendance at the Qu. Sessions, (viz.) officers and ministers of the Court, and Iurours of the Countie. Lam 386.

Officers are the Custos Rotulorum, where he ought to attend by himself or his deputie. 387.

The Clerk of the Peace. 393.

Iurours for enquirie and triall. 396.

The Iustices of Peace, if need require, may keep a speciall Sessions by vertue of their Com­mission, or by the statute. 2. Hen. 4. 5. Lamb. 623.

Summons of a speciall Sessions is for the most part for some speciall enquirie, and not to the ge­nerall service of the commission. Lam. 623.

All matters within the commission or statute may at a speciall Sessions of the Peace be given in charge, yet they are at libertie to give in charge either all or any of them. Lam. 623, 624.

If two Iustices of the Peace, one being of the Quorum, make a precept to the Sheriffe for the holding a Sessions at such a place and day, and to return a Iurie before them, either Iustice can by their Supersedeas to the Sheriffe inhibite him, Cro. 126. b. but the King by his writ of Superse­deas may discharge it. ibid.

A man is bound to appeare before a Iustice of Peace within fourty dayes after, in the mean time a generall Sessions is kept, he ought to appeare be­fore the Iustice at the Sessions. Cro. 123. a. nu. 18.

A Iustice commands one on pain of 10 pound by his precept to appeare at the next Sessions, and he doth not, no Scire facias shall go against him more then upon a Sub poena, but it seemeth he may be attached upon a contempt.

Sewers.

Commission of sewers being expired, 6 Iustices of Peace, two being of the Quorum, may for one yeare after execute the laws of Commissioners of sewers, unlesse a new be published. 13. El. cap. 9.

Sheep.

To transport sheep beyond the seas without li­cense, or to procure the same, is felonie the second [Page 234] offence. 23. H. 8. 16. 8. Elis. 3. Lam. 227, 425.

Any bringing, sending, or receiving into any bot­tome any sheep alive out of the Kings dominions, or procuring the same, loseth his goods, is to be impri­soned for a yeare, and then in open market to lose his left hand. 8. Elis. 3. Lam. 456, 457.

Any keeping at one time above 2000 sheep of all sorts against the purport of the statute, loseth 4 shil. 4 pence for every sheep above 2000. 28. Hen. 8. b. 13.

Sheriffe.

The Custos Rotulorum, or eldest of the Quor. in his absence, is to appoint at Michaelmasse Sessi­ons two Justices of Peace, whereof one of the Quo­rum, to have the oversight and controlment of the Sheriffe, Under-sheriffe, their officers and deputies, and of their books and amerciaments in their coun­ty Courts: and either of these two Iustices, or one Iustice of the Peace, Lam. 201. may examine the Sheriffe or Under-sheriffe and plaintiffe concerning the taking and entring plaints in their Courts and books against the statute 11. Hen. 7. 15. Dal. 107. Lam. 201, 295, 600.

The particulars are, Dal. 107. Lam. 131.

1. If any plaints be entred in their books in any mans name, the plaintiffe or sufficient Atturney not being in Court.

2. If the plaintiffe finde not pledge to pursue his plaint, (viz.) such as are known in that coun­trey.

3. If they enter more plaints then one for one trespasse or contract.

4. If they enter more plaints then the plaintiffe [Page 235] supposeth he hath cause of action for against the defendant.

If upon examination the Iustices finde any de­fault, it shall stand for conviction without further enquiry or examination, and they forfeit 40 shill. to the King, and to the informer for every default, and the Iustices must certifie the examination to the ex­chequer within a quarter of a yeare, on pain of 40 shill. Dalt. 107.

The like for bailiffes of hundreds in not warn­ing the defendants to appeare. Dal. 118.

Sheriffe to make once a yeare estreats to levie their shire-amerciaments until the two Iustices have had a view and oversight of the books, and the said estreats shall be indented betwixt the said Iustices and Sheriffe, or Under-sheriffe under their seals. Dal. ibid.

The said two Iustices or one of them may exa­mine the defaults of collectours of shire-amercia­ments, whose finding of default is a sufficient con­viction and forfeiture of fourtie shillings, prou [...] contrá.

The said Iustices, upon information of the party grieved, may make like processe as in action of tre­spasse against the Sheriffe, &c. to appeare then to an­swer the said information or suggestion. Dalt. 108.

Sheriffe ought to be at the Sessions to return his precept and keep the prisoners. Lam. 395.