The first Institution and Subordination by Moses.

IN this course of Iudicature Moses was much [...]combred, and over-charged with variety, and multitude of causes; which Iethro his father in law observing, doth gently admonish him in this wise, The thing that thou dost doe, is not good, Thou wilt surely weare away both thou, and this peo­ple that is with thee, thou art not able to per­forme it of thy selfe alone. And then doth Coun­sell him for the ease of himselfe and the people to elect subordinate officers.

Thou shalt provide out of all the people able men, Such as feare God, Exod. 18.2. men of truth, hating covetous nesse, And place such over them, to be rulers over thousands, of hundreds, of fifties, of tens, And let them judge the people at all seasons, &c.

In pursuit of this grave advice, Moses according­ly did choose able men out of all Israel, and made thē heads over the people, rulers over thousands, rulers over hundreds, rulers over fifties, & rulers oftens, & they judged the people at all seasons; the hard causes they brought unto Moses; but eve­ry [Page 5]smal matter they judged themselves. Thus (Mo­ses upon consultation with God having perfor­med and put this holy Counsell in practice) His incomprehensible Deity vouchsafed the honou­ring of Moses with his own presence upon Mount Sinai, And therewith His immediate voice proclaimed the mora. Law, Containing all the grounds of Equity and Iustice, and gave them unto him ingraven in two tables of stone.

The first promulgation of Lawes, and the beginning of Legall Oathes for administration of Iustice.

AS Moses received them from God, so in dis­charge of his sacred function, he faithfully injoyned them unto the people. And as falshood and fraud increased, Soe for avoiding and disco­very thereof, and for true execution of Iustice,Heb. 6.16. As also to put an end to strife and controversie, The ministration of legall Oathes began to grow in use. And not long after the receiving of the Decalogue by that great Prince and Prophet. It was one of his first Lawes given in charge unto the people.

If a man deliver unto his neighbour an Asse [...]or an Oxe, or a Sheepe, or any beast to keepe, And it die, or be hurt, or be driven away no man seing it, Then shall an Oath of the Lord be betweene them both, that hee hath not put his hand to his neighbours goods, and the owner of it shall accept thereof, &c.

By this it is evident, that Moses from Gods [Page 6]mouth, and by inspiration of his holy Spirit, was the first personall Legislator in the world, and the first distributer of Iustice by subordination of Ru­lers and Magistrates, and the onely patterne for all succeeding Princes; which moved Eusebius to say A Deo igitur Lex originem habet, Et eam mor­talium omnium primus Moses Hebraeis constituit, Quae caeteris deinceps hominibus condendarum Le­gum haùd dubiò exemplar fuit.

The first imitation of Moses in this King­dome by King Alfred.

THat Moses was a Patterne and Exemplar of making lawes and managing of them by in­ferior Ministers, in this our ancient and famous Island of Great Britaine, renowned in the constant succession and preservation of her lawes, not­withstanding the permutation and change of go­verment by the Conquest, and rule of severall nations, may manifestly appeare by that which followes.

King Alfred who began to raigne in this Island, Anno Christi. 872. the best lettered Prince that was in those times, began his lawes with Loquutus est Dominus ad Mosem hos sermones, dicens, Ego sum Dominus Deus tuus, &c. And so recites the 10. Commandements given by Al­mighty God upon Mount Sinai. And then pro­ceeds with the most materiall lawes mentioned in the 21.22, and 23, Chap. of Exodus. which hee thought to be most apt and competible for the [Page 7]government of his kingdome, closing it up with:

And then concludes with, Has ego Aluredus Rex Sanctiones in unum collegi, a [...] (que) easdem literis mandavi, Quarum bonam certe partem Majores nostri religiosè coluerunt; Multa etiam mihi digna v. dentur, quae a nobis hac etiam aetate pari religione obscrventur, Nonnullatamen torum ex consulto Pa­trum, partim antiquanda, partim renovanda curavi­mus, &c.

I King Alfred have collected these lawes into one body and have caused them to be written, whereof truly a good part, our Ancestors did religiously regard or obey: And many of them doe seeme worthy unto mee, That they should be with the like religion in this age or time obser­ved, yet some of them by the advice of our grave men (our Fathers) wee have taken care partly to antiquate, and partly to revive or re­new. Which in the language of succeeding times, was as much, as if he had said, Some of them by the advice of our Parliament wee have thought good partly to repeale, and partly to copti­nue.

After this, the good young King (doubtlesse Non sine consulto Patrum) doth proceed, and culles out and confirmes certaine lawes and sanctions of King Inas, Offa the King of the Mercians, and Ethelbert the first King that ever received Baptisme here in England.

The first division of this kingdome by Alfred into Counties, Hundreds and Tythings.

THis blessed Prince (the division of his king­dome being confounded by meanes of the then late distracted Heptarchy) having made league with Guthrunus the Dane, and thereby possessed himselfe of the entierty of the Realme, and being sole Monarch thereof, did (in imitati­on of Iethro his Counsell to Moses) subdivide and distribute the government of the land into severall partes; And did first reduce it into Satra­pias w^ch we now cal shires or Counties, Centurias now called hundreds, Decurias now lalled ty­things, which at that time, in the infancy of of this sub rdination, consisted only often men But in succeeding ages grew more populous, and are not confined in number of persons, though it still retaine the same appellation: Of those ten persons, proscribed to their decurie, or tythings, Every one was to be a fidejussor or pledge, one for another; And if any one received losse, the rest were to make recompence for it.

Hence it was that nine of them were called ingenui fidejussores, which we in the title of our Leets call Franciplegii: And the Tenth was called Decurio, which continues in the west-terne parts by the name of tething man, in other places called vadem primarium et praecipium, in Kent called Borsholder (that is to say) a cheife pledge, in Yorkshire called Tenteutale.

The appointment of Officers and mak­ing Lawes for the better ordering of the Kingdome.

THis mirrour of Princes having thus ordered his Kingdome, did set over every Shire a Senator and a Greve, which the Normans after­wards called Comes, and Vicecomes, and our later ages, an Earle, and Sheriffe; Over every Cen­tury, an officer called a Constable, and every Decury, a chiefe pledge, or tethingman. And did decree, that every man of free condition (li­ber homo.) should bee of a certaine Handred or Tything, out of which hee was not to remove without securitie.

After hee had thus ordained a law for the lo­call setling of his Subjects, that they might bee knowne, and called to account by the certaintie of their abode upon all occasions of suspicion, or accusation for any crime or misdemeanour. Then he provided good and wholesome lawes, for the better avoiding of rapines, thefts, mur­thers, or any crimes whatsoever, as also for the securing of the persons and estates of his Sub­jects, and for the better rule and governement of them in the place of their resiance: amongst which I finde one Law cited by that noble and ever memorable Antiquarie,Cambd. [...] fo. 57. Quod si quis delicti alicujus insimularetur, statim ex centuria & deci­ma exhiberet, qui eum vadarentur [...] Sin istiusmodi [Page 18]vadem non repereret, legum severitatem horreret; Si quis verò reus, ante vadationem, velpost transfu­geret; Omnes ex Centuria, & decima, Regis mul­ctam incurrerent, If a man were accused of any offence, hee should presently out of the Hun­dred and tything tender such as should be pled­ges or baile for him, but if hee could not finde such baile, hee should then dread the severity of the Law (which I conceive to be according to the moderne law, Imprisonment) But if any person accused, either before pledges, or after should flye away, all the men and inhabitants of the tything and hundred should incur the Kings mulct, that is, be amerced, to be in misericordiam Regis at the Kings mercy.

The fruit and effect of this law is worth obser­vation, what good redounded to the Common weale in those times, For saith the Author, Hoc commento pacem infudit provinciae, ut per publicos aggeres, ubi semitae per quadrivium finduntur, ar­millas aureas juberet suspendi, Quae viantium a­viditatem rideret, dum non esset, qui eas abri­peret, By this devise he made such peace in the whole Country, that he caused certaine golden bracelets to be hanged upon publike batches or hillocks at every crosse way, which might, as it were, deride the aviditie of passengers, sithence there were none that durst take them away.

It is no doubt, but this Law or Ordinance doth not only in part retaine a vigor and being at the common Law, but hath given light to ma­ny statutes to win force of great consequence.

As, to that, of the Statute of Winton, 23 Adward 1. inqui­rable at Leets, by which it was enacted, That cries should be solemnly made in all Counties, Hundreds, Markets, Faires, and all other places where great resort of people is, so that none should excuse himselfe of ignorance, that from thence forth every country be so well kept, that immediately upon such robberies, and felonies committed, fresh suite be made from towne to towne, and from countrey to countrey, &c. And after that the felony or robberie be done, the countrey shall have no longer space than fortie dayes, within which it shall behoove them to a­gree for the robberie or offence, or else that they will ans wer for the bodies of the offenders.

But albeit the Statute be generall and no men­tion made whether the robberie bee committed in the day time or in the night,Co. lib. r fo. 6. Ashpoles Case. the Hundred shall not be liable, but where the robberie or felonie is committed in the day time, yet if diverse doe commit a robberie, those of the Hundred ought to apprehend all the felons, for though they ap­prehend some of them, yet that will not suffice to excuse them, unlesse they apprehend all of them by that Statute of 13. Edw. 1.

But now it is qualified in that point, by the Statute of 27. Eliz. cap. 13. By which if any of the Inhabitants of any towne, village, or hamlet next to the place where the robberie was done, do in their pursuite apprehend any of the offen­ders, that shall excuse them, though all bee not taken.

The Statutes concerning the approve­ment of wastes, woods, &c. and other Lawes derived from the Law of Alfred, cited by M. Cambden.

FRom that Law of King Alfred, the Statute of 13. Edw. 1. cap. 46. concerning approve­ments of Wastes, Woods, and Pastures, may seeme to borrow its light, whereby it is provi­ded, that if any having right to approve, do le­vie a Dike or an Hedge, and some by night, or at any other season, when they suppose not to be espied, doe overthrow the Hedge or Dike, and men of the townes neere, will not indict such as be guiltie of the fact, The townes neere adjoyn­ing shall bee distrained to levie the Dike or Hedge at their owne costs, and to yeeld dam­mages.

At the Common Law, if one be slaine in any towne in the day time, so long as it is plaine day light, and the man-killer doth escape, the town where the Felonie was committed, shall bee a­merced for it, Dum quis felonicè occisus fuit per diem, nisi felo captus fuit, tota villata illa oneretur.

This I thought pertinent to my present dis­course, to parallell that ancient Law of Omnes ex centuria & decima Regis mulctam incurrerent, with our latter Lawes, whereby towneships are onerable upon the escape, or not apprehending of offenders in certaine cases.

Besides that good and profitable Law, a­mongst many others, that gracious Prince did further decree, that the Decurio or Tything man might judge of small matters, and the Centurio or Constable of greater matters, and at the fie­quent meetings in every Satrapie, or Shire (now called Countie Courts) the Senator or Greve was to heare and determine matters, of greatest difficultie and moment.

King Edward sen. succeeded who made a law De diebus cogendi populi, Edw. sen. An. 900 Lamb. fo. 51. that every Greve & Praepositus quisque, should every moneth call the people together, doe every man right, and de­cide all controversies, which confirmed the use of the Countie Court.

King Edgar made a law De Comitiis, Centuriae Comitiis quilibet interesto, That is to say,Edgar. Anno 599. let every man be present at the Leets or meetings of Hun­dreds, but out of every shire, let there be a more famous meeting twice a yeare, Celeberrimus au­tem bis quotannis Conventus agitor, and this is now the Sheriffes turne.

This King did farther decree,Lamb. fo. 80. that each per­son should finde pledges who might bring him forth to render every man his owne. Quisque fidejussores, qui eum jus suum cuique tribuere, quam paratissimum praestent adhibeto.

The manner of proceeding by Juries in those subordinate Courts of Counties, Hundreds, &c.

NOw the manner of proceeding at that time in those meetings, called Centuriae Comitiis, & Satrapiae Comitiis, (now called Court Leets and Sheriffes turnes) doth appeare by a Law practised in those dayes, and after revi­ved by King Etheldred, who lived Anno 979. which thus insueth, ‘In singulis Centuriis Comitia Sunto, at que liberae conditionis viri duodeni aetate superiores,Lamb. Exp [...]. verbo. unâ cum Praeposito sacra tenentes, juranto se non in­nocentem damnaturos, sontémve absoluturos.’

Let there be meetings in every Hundred, and let twelve freemen of the better sort, together with the chiefe pledge, sweare upon the holy Evan­gelist, not to condemn the innocent, nor to ac­quit the nocent, that is, to doe every man right.

I will passe over many good lawes before the Conquest, let us cast our eyes a little neerer, and see how the Counsell of Iethro to Moses hath beene since pursued.

Bracton a learned and famous Common Law­yer, who wrote in the time of Hen. 3. from the Conquest, writes of the practice and duties of Kings,

Rex & non alius debet judicare, &c. Bract. l. 2. cap. 2. The King and none else ought to judge, if he alone be able [Page 23]to doe it, sithence he is bound thereto by vertue of his oath, and there fore the King ought to ex­ercise the power of law as Gods Vicegerent, and minister on earth, ‘Sin autem Dominus Rex ad singulas causas de­terminandas non sufficiat, &c.’

But if the King be not able to determine all cau­ses, that his labour may be the easier, in plures personas partito onere, eligere debet de regno suo vi­ros sapientes, & timentes Deum, in quibus sit veri­tas eloquiorum & qui oderunt avaritiam, quae in­ducit cupiditatem: Et ex illis constituere justiciari­os, vicecomites & alios ministros & ballivos suos, ad quos referantur tam quaestiones super dub [...]is, quam querimoniae super injuriis, &c.

He ought to choose out of his Kingdome wise men fearing God and hating coverous­nesse, and out of them to appoint Justices, She­riffes and other Ministers to decide questions of doubt, and to redresse injuries, &c.

All subordinate Justice derived from the King and Crowne.

IN a cause of Replevin upon a distresse for an Amerciament in a Leet,12 Hen [...].18 Fineux then chiefe Justice in his grave and learned argument af­firmes, That at the first, the administration of justice was in one hand, and in the Crowne, and then afterwards by reason of the multitude of people, the administration of justice was divi­ded into Counties, and the power was commit­ted [Page 16]to a depatie in every Countie, that is to say a Sheriffe, who was Bayliffe and Deputie to the King, and was assigned for conservation of the peace, and to punish offenders, and to defend the Realme upon invasion of enemies, to bee atten­dant upon the King in times of warre, and to cause all his people within his Countie to goe with him for defence of his land, and for the bet­ter governement of the Countie, and correction of offenders. There were two Courts assigned to him (viz.) the Countie Court (held every moneth) and the Sheriffes turne, held twice eve­ry yeare, by which two Courts, the whole Countie was governed: the Countie Court was for one man to have remedie against another, for any thing betweene them under 40. shillings, And the Sheriffes turne; unto which every man within the Countie of a certain age, should come, and were compelled to come, that they might not be ignorant of the things there publi­shed (or given in charge) whereby they were to be governed; and this was called Suite Reall, by reason of their allegiance; unto which they were sworne to be true and faithfull to the King, &c. Afterwards it seemed to be too great a thing for the Sheriffe to performe all in his owne person, whereupon Hundreds were ordained, and divi­ded out of the Counties, and in every Hundred was appointed a Conservator of the peace, cal­led a Constable; and after, Boroughs were made and ordained, and within every of them a pettie Constable, and in some places a [Page 17]Boroughead according to the diversitie of the languag, for that this land had been inhabited by persons of divers Nations, as Britanes, Saxons, Danes, and Normans, So that, the diversitie of termes and appellations came by the diversitie of Languages, That the Hundreds and Bo­roughes did resort unto the Tournes, by reason of their allegiance, And the Constables, and pettie Constables, did there present the defaults of offenders, but afterwards upon consideration had of the great trouble, which the people su­stained in travelling to the Sheriffs Tourn, Leets or View of Franckpledge were granted unto Lords of Manours, within certaine precincts, to reforme all manner of defaults there.

By all which it is plaine, that Leets had their derivation both in nature and power out of the Sheriffes Tourne, and were purchased for the ease of the people by divers Lords;Bullens Case, Co. li. 7. fo. 78. And in di­verse places, there is a dutie or summe of mo­ney payable to the Lord of the Leet, by cu­stome, in regard he purchased the same, for the ease of the resiants and inhabitants, to free them from their attendance at the Sheriffes Tourne, and also in regard the Lord of the Leet was at every comming of the Iustices in Eyre at his own costs to claime his libertie, which dutie is some­times called Capitagium, sometimes Certum Le­tae, and so by other names according to the Cu­stome of severall places: So that now by the example of Moses the patterne and president of all Princes and Iudges, the particular imitation of [Page 18]K. Alfred, and by the practice of times, ever since, it is most evident that the Iustice of a king­dome cannot be circumscribed within the com­passe of a Crown, but must receive execution by subordinate officers & ministers, & consequently ther have been and must be subordinate courts of Iudicature, and Iustice, for the ease both of Sove­raign & subject, amongst w^ch, the leet or view of Fanckpledge hath been and is of most special use.

The most principall uses of this Court, doe stand upon these three points.

1. To take view of all Franckpledges or Freemen, and by inquisition or examination to discover, whether every person of the age of 12. years and upwards have a free pledg, or fidejussor, that they shall keep the Kings peace, which, with our Ancestors was in great use and esteem, but now by desuetude of time is utterly antiquated, and only care taken by presentments of Iurors and Officers upon their oathes, to find out and punish severall delicts and offences perpetrated within the view and precincts of the Leet, proper for the jurisdiction of that Court.

2 To elect and swear all officers and ministers of Iustice, who are to attend the service of that meeting, as Constables Tethingmen, and such o­thers, wherin the Steward must be very circum­spect and careful of the idoniety of them, that they be persons of honesty to execute their office truly without malice, affection, or partiality. 2. Science, to know what belongs to their place, and what they ought only to do. 3. Ability, aswel in estate of [Page 19]body that they may diligently attend & execute their office upon any occasion, and not be negli­gent or remisse, either for impotency of body, or indigence in estate.

3. The third and principal use, which is indeed now most in use, s to take all Suit royall, that is, e­very person born within the kings dominions, is a leige subject, and oweth naturall legiance, and all male persons of 12. years old, ought to take an oath for the demonstration of their naturall legi­ance, which is called legall, because the municipal laws have prescribed the order and form of it to be done at the leets and tourns, and this natural le­giance is absolute, pure & indefinite, & is original­ly due by nature & birthright, & is cal'd alta lige­antia, & he that oweth this is cald subditus natus.

The oath is described by Britton c. 29. titulo, who wrote in the first yeare of Edw. 1. the effect whereof is, ‘You shall swear, that from this day forward you shall be true and faithfull to our Soveraign Lord the King and his heires, and truth and faith shall bear of life, and member, and terrene honour, And you shall neither know, nor heare of any ill or dammage intended unto him, that you shall not defend; So help you God.’

If antiquitie do make things more venerable, as most commonly it doth, this oath of natural le­giance at the tourn and leet can plead as large pre­scription of its ancient and constant usage as any one thing in this nation, for it was first instituted by K. Arthur, at which time the Leet was called Folkmote, viz. a meeting of the people, and this appellation is retained in London to this day.

Amongst the Lawes of King Edward the se­cond before the Conquest,Lamb. fo. 135.136. it it thus exprest. O­mnes Principes & Comites proceres, milites & lib. homines debent jurare, &c. in Folkmote, & si­militer om [...]es proceres regni, milites & lib. homi­nes universi totius regni Britanniae facere debent in pleno Folkmote sidelitatem Domino Regi. &c. Hanc Legem invenit Arthurus, qui quondam fuit incly­tissimus Rex Britonum, &c. Hujus legis authoritate expulit Arthurus Rex Saracenos & inimicos a regno, &c.

Three things considerable in the keeping of Tournes and Leetes, 1. Time, 2. Place, 3. Persons.

THus farre you see the Antiquitie of this Court, and the ancient and naturall privi­ledges incident unto that. There be three things or circumstances, considerable in the keeping of it, 1. Time, 2. Place, 3. Persons. In ancient time the keeping of it was arbitrary, at the plea­sure of the Lord, untill by the great Charter it was restrained to be kept twice a yeare.

Notwithstanding which restraint, divers She­riffes did afterwards make their Tournes often­times in Lent, when men ought to intend devo­tion and other workes of charitie for remedie of their soules, and sometimes after the gule of Harvest, when every man almost was busied a­bout the cutting and carrying of his Corre,Plowd. fo. 316. b. The Calends of Aug. or the feast of S. Pe­ter ad vincula. 31. Edward 3. ca. 15. whereby the people were much grieved and dis­quieted. King Edward the third, upon the grievi­ous complaint of his Commons, desiring the quietnesse of his people, did ordain and stablish, that every Sheriffe from thenceforth should make his Tourne yearely, one time within the moneth after Easter, and another time within the moneth after Saint Michael, and if they held them in other manner, that then they should lose their Tourne for the time.

As it was restrained in time,2 Place. So it was to place and persons, it must bee kept within the precinct and libertie in loco debito et consueto, If it be holden otherwise, it is coram nonjudice; And the matter of cognizance must bee within the view. For 41. Edward 3. fo. 31. Kyrton cites a Case, wherein the Lord avowed the taking of an amerciament for the stopping of an High­way, which in rei veritate was out of the Iuris­diction of the view, and therefore the Plaintiffe recovered dammages.

If the Sheriffe shall keepe his Tourne, in loco in consueto, he may be indicted and punished for it.3 Persons. Dyer 151. As for the persons. Although in the time of King Arthur, Omnes Proceres, Comites, Barones, &c. were to sweare and doe their suit reall, in pleno Folkmote, yet by the Statute of Marlebridge, Marl ca. 11. it is thus provided by way of re­straint, De turnie vicec: provisum est, quod ne­cesse non habeant ibi venire Archiep scopi, Episcopi, Abbates, Priores, Comites, Barones, nec aliqui viri religiosi, seu mulieres, nisi corum praesentia ob aliam causam specialiter exigatur, &c. So by this Statute, All clergie and religious men, All Earles, Barons and all women are excepted and exempted, and by the law al other people under the age of 12. years, their presence being not ne­cessary there, in regard they are never sworne upon any inquests; But all freeholders, terrten­nants and other persons inhabiting within the precincts of the Leet, ought to appeare and do their suit, and tennants in ancient demesne, are not bound to come to the Sheriffs Tourne, and consequently not to any Leet.

If any of the said persons mentioned to be ex­empted,Fitz [...], na. Bre. f. 158.161. or if any in wardship to the King should be distreyned to do their fuite, the law hath pro­vided severall forms of writs, De exoneratione sectae, for discharge of every of them.

Whatsoever the law prescribes or restreines in the Sheriffes Tourne,Broo. Leet, 26 22 Edw. 4 22. the same is binding in a Court Leet, and it was agreed for law that the po­wer of a Sheriffein the Towne, and a Steward in [Page 23]the Leet were all one: onely the Leet have po­wer to enquire and take presentments of nusan­ces and offences aswell in the Courts after the feast of Easter, as after the feast of S. Michael, Fitz [...]. Leet 11 whereas the Sheriffe in his Tourne after Easter ought not to enquire of any action popular, &c. but only to take suite of the resiants and other suitors, and to take the view, quod trithinga teneantur, scilicet.

That all above the age of 12. years come, and appeare there to doe their suite, and to take the oath of Legiance, if they were not sworn before. For after a person is once juratus in decennaria or ad fidem & legeanciam Domini Regis, hee is not compellable to be sworne againe.

As a Leet is derived by grant from the crown,Forseiture of a Leet. so, by divers causes that may be seized into the Kings hands, and returne to the Crowne a­gaine, and if for any just cause it bee forfei­ted and seised, then must the resiants and suitors againe attend and doe their suite at the Sheriffes Tourne, and what is omitted in the Tourne might be presented in the Kings bench, for in the case of Iohn Charneles, Edward the third, Belknappe sets forth the law to be, that if a thing were not presented within the Lords view, then it should bee presented in the Sheriffes Tourne, and for default there, it should bee presented in the Kings Bench when the King came into the countrie, by which it plainely appeares as before is expressed; that the Iustice of the Kingdome was at first [Page 24]wholly in the hands of the King and immedi­ately derived from his person to Subalterne Officers.

To answer one Objection for the time, that all Leets are not kept strictly infra mensem after Easter and Michaelmas.

VVHere there are ancient Customary Courts of Tenants in ancient demesne, or such like, that were ever exempted from the Sheriffes Tourne, and the Lords of such lands had their owne Tournes, that of Easter being called Turnus de Hockday, and that of Michael­mas, Turnus Sancti Martini, as in the Bishoprick of Winton and other places, those Courts are left to their Arbitrary keeping, either before or after the moneth, or at other set times, according to their ancient respective Customes, and not re­strained by any Statute.

Britton the tenour of whose learned worke runneth in the Kings name, Edward 1. as if it had beene penned by himselfe, answerable to Iustinians Institutes, doth there in the first saluta­tion of the Kings subjects, with Edwardus Dei gratia, &c. set forth, That because his peace could not well have its being without Law, he caused the Lawes then used in this Realme to be put in writing, and did thereby command a strict observation thereof in all things, Saving a pow­er [Page 25]to repeale, alter, and amend, all such things as should seeme meet unto him, with the advice of his Earls, Barons, and others of his Councel, and saving all customes unto those, as by pre­scription, used the same time out of minde, so as those usages were not discordant unto right.

At that time being 5. Edward 1. those anci­ent customarie Tournes, within many particu­lar Lordships were in use, not subject to the She­riffes Tournes, and so not within the meaning of the Statute of 31. Edward 3. cap. 15. which being made long after, extendeth not to any Leets, but such as were and are derived out of the Sheriffes Tourne, and so it was admitted by the Iudges, that the Leet of another Lord was not within the Statute, but the Leet of the Tourne. Brooke Leet 21.6 Hen. 7.2. And so by necessarie consequence, All Leetes de­rived out of the Sheriffes Tourne, and no other.

In what Cases, and by what meanes a Leete or Franchise may be seised or for­feited, or the Lord damnified.

IN all grants of any Liberties, or Franchises there are commonly two conditions, one in facto, which is alwaies explicite, as to pay mony, or to do, or not to do any other act, &c. 2. Con­dition in lege, which is tacite, and implicite crea­ted by law.

There are two sorts of conditions in Law, by the rule of the common Law, 1. The one which is founded upon a Confidence and skill, 2. The other without either of these.

There be 3. causes arising from the violation of trust or confidence, and want or privation of skill, which induce a forfeiture aswell of offices, as of franch ses (that is to say) 1. Abuser, 2. Non user, 3. Refuser, All which I will but summa­rily touch, and they may all three proceed, 1. Either from ignorance, 2. Or from wilfulnes.

A direction for Lords in choosing of their Stewards.

SIthence the jurisdiction of this ancient Court is lyable upon just cause of for feiture, and sei­sure into the Kings hands, it is necessarie that Lords of liberties, as well for prevention of their owne inconvenience, as for the better go­vernement of the Countrie by due execution of the Law, should select, choose and appoint out of men treyned up in the studies of the provinciall Lawes of this kingdome, such, as must have the foure properties of Iethro his counsell, A­ble men, such as must bee viri potentes, not in strength of body, but in courage of minde. 2. They must be viri timentes Deum, that feare God and not the faces of men; he that hath this vertue wants none, and he that wants this is open to injustice, oppression, malice, and all other enormious impieties. 3. They must be Aman­tes veritatem, it is S. Pauls counsell, Ephes. 6.14. Stand therefore, and your loines gird about with ve­ritie, and having on the brestplate of righteous­nesse, &c.

4. They must be abhorrentes avaritiam, the roote from whence all evills grow, 1 Tim. 6.10 That which (as Bracton saith) doth inducere cupi­ditatem, when Samuel his sonnes were Iudges o­ver Israel, it was a brand upon them, They wal­ked not in his waies, but turned aside after lucre, and tooke rewards, and perverted judgement, 1 Sam. 8.3.

The properties and qualities which a Steward ought to have.

F Let a describes the office of a Steward, and gi­veth counsell unto Lords of Manours, and li­berties, to provide (or elect) their Stewards in these words, Provideat sibi Dominus de senescallo circumspecto, & fideli, viro provido, & discreto & gratioso, humili, pudico, pacifico & modesto, qui in legibus consuetudin busque provinciae & officio senescaleiae se cognoscat, & jura Domini sui in o­mnibus teneri affectet, quique subballivos Domini in suis erroribus & ambiguis sciat instruere' & do­cere, quique egenis parcere, & qui nec prece vel pre­tio velit a justitiae tramite deviare & perverse ju­dicare. Cujus Officium est Curias tenere Maneri­orum & de substractationibus consuetudinum, ser­vitiorum, reddituum, Sectarum ad curiam, mer­cata, molendina Domini, & advisus franciple­giorum aliariumque libertatum Domino pertinenti­um inquirat, &c.

By which Description it is to bee observed, that a Steward ought to have a double qualifi­cation, 1 In Moralibus. 2 In judicialibus, whereby he must be guided as well in the kee­ping of Court Barons for the profit of his Lord, as for the honour of him, in the government of Leets for the good of the Common weale.

1 In Moralibus, A Steward must bee qualified with these properties before mentioned, circum­spection, fidelitie, providence, discretion, humilitie, [Page 30]peace, and modestie, which may be reduced in­to these two generalls, S. veritie, and Industry, the one proceeding from the heart, the other from the hand; his diligence or industry must be tempered, with 1 Circumspection, 2 Provi­dence, 3 Discretion, otherwise it may incurre the perill of temeritie and precipitance, which commonly prove fatall in all actions.

His veritie must be attended with fidelitie, Co. l. 5. Epist. humi­litie, peace, and modestie, Veritas secum ducit Co­mites simplicitatem, unitatem, & pacem tandem.

2. Iudicialibus; and therein he must be atten­ded with foure properties: 1 Scientia, hee must know himself (or be expert) in the Lawes and customes of his Countrey, and have ability to instruct or direct the Bailiffes and other ministers in dubious things, wherein they may erre.

2. Misericordia, he must spare the poore, not rack poore tennants, nor grinde their faces, hee must not bee outragious in imposing excessive fines in the Leets, but (as Iudges in other Courts are, or ought to be) moderate and discreet, se­cundum quantitatem delicti, not beyond the de­mension of the offence, for excessive amercia­ments are against the law, Excessus in re qualibet jure communi reprobatur, Coo. li. 11. fo. 42.

Mercy and truth must meet together, righteous­nesse and peace must kisse each other, Psal. 85.10.

3 Iustitia: the Prince of vertues, the faithfull Companion of this life, without which no hu­mane societie can subsist, Iustice knowes no fa­ther, [Page 31]mother, nor brother; Persona non accipit sed Deum imitatur, A Steward must put on this Armour. And must neither be drawne by price nor prayer, neither by lucratotie corruption, nor any sinister affection, to deviate and wander out of the high-way of Iustice, and Iudge perversly.

Qui nec (as Bracton advise [...]h) ad dextram nec ad sinistram, vel propter prosperitatem terrenam, vel adversitatis metum a tramite Iustitiae declinent.

4 Fertitudine animi. He must not be daunted neither by threats nor feare, nor overswayed by the Landlord himself, either in the electing of officers (a thing too frequent) or in any other thing that may concerne the due administration of his office.

A Steward being thus indowed, adorned, and qualified with those morall and judiciall ver­tues, and properties is the fitter to undergoe the burden of that authoritie, where with hee is in­trusted by the Lawes of the Realme. From his qualities I will passe unto his authoritie.

The Authority of a Steward in Leets.

A Leet is a Court of Record, The Steward is Iudge, and hath a double power, 1. of e­lection of officers, 2 of Coertion or punition of offenders; In the latter, viz punition, there is a double act to be respected, 1. Actus Curiae, 2. Actus Patriae, the act of the Court, and the Act of the Iury or Countrey.

These two doe meete with two sorts of of­fences or misdemeanors by two sorts of reme­dies, 1 Fyne, 2 Amerciament, the one sort of offences are Extra Curiam, the other in Curia.

1 Extra Curiam, Coili. 8 so. 38. Grisleys Case. of those which are extrinse­call offences, The Iurors and officers sworne to present (who ought also to have the foure pro­perties of Iethros counsell) have peculiar cogni­zance, and therefore power to present them, and to assesse amerciaments for them.

2 In Curia, being the second sort, which are offences, either in omitting or neglecting a dutie injoyned, and to be performed by Constables, Bayliffes, Jurors, or ministers of Iustice, or in committing some contempt and disorder in the face of the Court by any officer or sui­tor; The Steward hath cognizance, and may punish it by fine, without inquirie by the Countrie.

1 As if a Bayliffe refuse in Court to execute his office, 7 H. 6.12 b.

2 Or if a Tethingman refuse to make a pre­sentment in the Leete, 10. H. 6.7.

3 Or if any of the Iury in a Leet depart without giving his verdict.

4 Or if any suitor or other person doth mis­demeane himselfe either in word or deed.

5 Or if any inquest refuse to present in a Leet such defaults as they have information of, 10 Ed. 3. fo. 4.

The Steward hath power in these and the like Cases, to impose a reasonable Fyne, and such fyne is not affereable nor traversable, 10. H. 6. fo. 8.

6 He hath power by severall Statutes in seve­rall cases, to impannell a second Iury, to inquire of the defaults and concealements of the first jurie, and to fine them for their offence.

7 A Steward may by paroll command a Bai­liffe to make distresse. 16 H. 7 fo. 14.

8 In every Leete, the Lord of the libertie hath but the amerciaments, the Court is the Kings, and therefore the Steward doth repre­sent the person of the King, 41 Edward 3 fo. 31.

9 A Steward for default of resiants may compell a Stranger comming within the view to be of the inquest.

The remedies for recoverie of Fynes and Amer­ciaments in a Leete.

AS in a Leete there is a twofold remedie ac­cording to the nature and qualitie of the of­fences, viz. 1 Fine, 2 Amerciament: So there is in the Law, a twofold way or meane respe­ctively to recover and obtaine that remedie for the benefit of the Lord of the libertie.

1 Either by action of debt against the offen­ders fined by the Steward, or pained and amer­ced by the Iurie.

2 Or by distresse of his or their goods or cat­tell in some cases upon their land,Bro. Leet 7. though the goods of another man, in other cases by distrein­ing the offenders proper goods in any place with­in the precincts of the Leete.

If a paine be imposed in a Leet upon any per­son for redressing or removing of a nusance by a day, sub poena 10. lib. And the non fe saunce ther­of be afterwards presented, and the paine there­by becomes forfeited, this is a good presentment and the paine shall not be otherwise affered, and the Lord shall clearly have an action of debt, 23 H. 8. And the reason why such a paine is not af­ferable, is, For that the word (afferre) is as much as to say, to taxe, or to assesse, ponere in certitu­dinem, or taxare, and a paine for not doing, or not removing of a thing by a day, is, upon a presentment of a non fezance by a Iury, an im­mediate taxation and a certitude of assessment by the Countrie, and therefore needs not fur­ther or otherwise poni in certitudinem.

In the case of assessment of a fyne by a Stew­ard upon a tethingman, who would not present at a Leet. [...]o Leet 36. The Lord may bring an action of debt, and if the Defendant tender the wager of Law, it was optima opinio that a wager of law did notlye in that case, for that the Leet was a court of Record, 10. H. 6.7.

As in these and other paines and fynes of like nature in a Leet an action of debt doth lye,Co. li. 1. so. 42. so al­so for them, and for all amerciaments in a Leet, distresse is incident of common right, that is, [Page 35]by the Common Law a Lord may destreyne the goods of the delinquent.

In Grislies case,Co. l. 8. so. 38. Trin. 30. Eliz. where doubt was made, whether a Lord of a libertie might distreyne of common right, for a fyne imposed in a Leete by a Steward for contempts and mis­demeanors: It was resolved, that if for lesser things, S. for amerciaments of offences, extra curiam, distresse was incident of common right, by an argument a fortiori, in a case of Fynes im­posed for offences, committed in the same court distresse shall be incident, For,

Quod licitum est prominore, & pro majore licitum est, And nothing is more naturall to be punish­ed by a Court, than offences committed in the same Court. And it were a hard thing to drive a Lord to his action of debt for every pettie fyne or paine, and in case the Lord doe distreine, hee may sell the distresse, or put the same in pound at his pleasure. For the place of distresse whether upon the offenders lands within the view, or upon his goods in any place within the precinct of the Leet may arise a question, which was resolved, 2 Hen. 4.24. Bro. Leet. 28. That for amerciaments in a Leet or Handred, a man may distreyne the beasts of the offenders in any place within the precinct of the Leet or Hun­dred, and a fortiori (as is before) for fines and pains in a Leet.

The Lord may distreyne in the high-way for an amerciament in the Leet, 34. Ed. 2.19. Edw. 2.

Or the goods of the offender in the custodie of another man, 47 Ed. 3 fo. 12. Krenebyes case, And the reason for that the offence doth arise up­on the person of the offender, and ought to be e­streated upon his person, and not upon the issues of his lands, 41 Ed. 3.26.

In some cases the distresse may be of another mans goods upon the lands of the amercee, As if a man do hold lands of a Leet, by the service of Cryer of the Court, or the like, and is amer­cied for neglecting of his service, A Lord may distreyne the beasts of any other upon the land so holden, 47 Edward 3 folio 13.12 Henry 7.15. And the reason for that the offence doth arise ra­tione tenurae or soli, 41 Edward 3.26.

Certaine Cautions in the taking of Distresses.

A Lord cannot distreyn for amerciament in a Leet in any lands seised in the Kings hands for the Kings debt, for that the place is privi­ledged, and the right of distresse suspended for that time, for as the King cannot bee amercied, so by consequence his lands are out of the Iuris­diction of a Leet,Bro. Leet. 8. and the distresse tortious, and so was the opinion of Finchden in the Case of Sudbury Bishop of London upon a Replevin in­ter Norwiche & Manley, 47 Edward 3.13.

He cannot distreine the Horse of a stranger in the Stable or osterie of the partie amercied, nor [Page 37]the garment of another in a Taylors shop, where the Taylor is amercied, and so was the opinion of Keble, 10 Henry 7.21.

If upon a distresse taken the amerciament, fyne, or other duetie bee tendred, and satisfa­ction offered, it ought to be accepted,Bro. Distresse 8. and in case it be refused, and the distreynee put to a Re­plevin, the Lord shall not have retourne, For a distresse is but a gage or pledge for a duetie, which being offered, the Lord ought to deliver the gage.

A Lord may not distreyne a milstone, parcell of a mill, nor doores, nor windowes, nor any thing that is fixt unto, or parcell of a freehold, 14 Henry 8.25.

The distresse ought not to be excessive, for excessive distresse is forbidden by the common law, 41 Edward 3 folio 26. As for the amercia­ment of two shillings, or such like, to take two or three Horses, were outragious and excessive.

The last act or period of proceedings in a Court Leete is afferment.

AFferement is as much as ponere in certitudi­nem seu taxare, to assesse or taxe, derived from the French word; The Subject of this Act is called amerciament, in latine misericordia: and it is described by an ancient writer, Glanvill lib. 9. cap. 11, in this wise, Est autem misericor­dia [Page 38]Domini Regis quâ quis per juramentum legali­um hominum de vicineto, eatenus amerciandus est, ne aliquid de suo honorabili contenemento amittat. And by the Statutes of Magna Charta, cap. 15, and Westm. 10.6. Liber homo non amercietur, &c. nisi per sacramentum parium suorum, viz. proborum & legalium hominum de vicineto, qui facultatum sua­rum noticiam habeant pleniorem, as it is recited by Fleta, lib. 1. cap. 48. That is, Amerciaments are to be assessed by the oath of equals, good and lawfull men of the vicinage or neighbourhood, who have the better knowledge of the estate and abilities of the Amercees.

The parties to this act are the Steward and the Countrey (or pares) And these pares or probi homines, are according to moderne practice cho­sen at the Leet, out of the Iury by the steward, to taxe and afferre the amerciaments indifferently, not to wrong any for hatred, nor to spare any for favour, &c. which oath by Bracton lib. 3. cap. 1. fo. 116. is thus declared, Et ad hoc fideli­ter faciendum (speaking before, Ad hoc viden­dum qualiter quis sit amerciandus &c.) affidabunt amerciatores, quod neminem gravabunt per odium, nec alicui deferent propter amorem, Et quod cela­bunt ea quae audiverunt, 38 Edward 3 fo. 3.9.

As if one be amercied upon a presentment in a Leete, for not repairing a bridge or a highway, The manner of entry up on the Court booke and Rolles must bee Ideo in mia. et amerciamentum inde afferatur per afferatores in eadem Curia ad tunc electos et juratos ad 20^s. Rastall intrat, tit. trus in Amerciam. 2.

So that the Steward cannot taxe or afferre an amerciament upon the presentment of a Iury, if he doe, it is void in law, and lyeth not against the partie amerced, The Steward as only to re­cord and enroll the Amerciaments afferred, and truly and justly to estreate them to the Bailiffe of the Manour to be by him distreyned for and levied for the use and benefit of the Lord.

This last Act of Taxation and recording thereof doth determine the judiciall part of a Court leet, and after judgement must follow ex­ecution, wherein the life and vigour of all lawes doe depend.

The ministeriall part of a Court Leete in the levieing of fines and amerciaments assessed.

THis part or act hath a double relation, 1 To the Lord, 2 To the Bayliffe. The Court is the Kings, but the emergent profits formerly described by two remedies, S. 1 Fine, 2 Amer­ciament, belongs to the Lord, and for that they doe arise out of offences, which concerne the King and Common weale, the Lord is bound both in Law and conscience not to bee too prone in remitting of them, especially in those cases which concerne the King immedi­ately as in his prerogative touching the oath of legiance, or immediately in regard of the Com­mon wealth, whereof the King is caput et custos, [Page 40]as touching fines upon delinquent Officers and Ministers, Amerciaments in cases of common Barretors, Drunkards, false and double Weights and Measures, deceits and corruptions in Victuallers, Tradesmen, and Artificers, and such like enormious offences, which in their qua­litie are exemplary, and have generally an inte­rest in the publike calamities of Church and State: As also in Amerciaments, for not repai­ring of Bridges, Causies, Highwayes, and ma­ny more of that nature hereafter insuing in the second part of this Tract, which ratione com­munis nocumenti, deserve no manner of favour or indulgence. The best excuse that a Lord can plead for himselfe in such cases of remission of amerciaments, is but misericordia, And that ex­cuse is taken away by a former act of mercy and moderation, in the afferors or equals, who being astrict by a solemne oath, quod neminem gravabunt, &c. That they should neither sur­charge for hatred, nor detract or diminish for favour.

The law presumes, That as they ought, so they did assesse them mercifully, and after a so­lemne and judiciall mercy, Non opus est extraju­diciali misericordia.

2 The second relation concernes the Bailiffe, who must be true, faithfull, and vigilant (obser­ving the Cautions before prescribed) in levying of distresses, Hee must not bee exoculated with common rurall bribes, Bacon, Cheese, &c. as that he cannot see a Iury man in his right place [Page 41]to returne, nor any goods or catsell to distreine, his office is also de c [...]bed by Fleta, lib. 2. ca. 67. whereof so much may be applyed, as doth ac­cord with the practice of this age. Ballivus cujus­cunque maneri esse debet in verbo verax, et in opere diligens et fidelis, Ac pro diserto appruatore cogni­tus, plegiatus et cler cus, qui de communioribus le­gibus protanto officio sufficienter se cognoscat, Et quod sit ita justus, quod ob vindictam seu cupidita­tem, non quaerat versus tenentes Domini nec a­lios, &c.

A speciall caution for Lords of Leets, against the Farming out of their perquisites.

BY the Stature of 4 Henry 4, cap. 5. the She­riffe is not to let to Farme his Baily wicke to any man for the time that he occupieth such of­fice. By the Statute of 23 Henry 6, cap. 10, For the eschewing of extortion, perjurie and oppres­sion, it was (inter alia) enacted, That no She­riffe should let to farm in any manner his Coun­tie, nor any of his Bailywicks, Hundreds, nor Wapentakes.

These Statutes doe extend only to Sheriffes and not to Lords of Leets and Manours, but as Leets and Hundred Courts had their derivation of authoritie from Sheriffes Tournes and Coun­tie [Page 42]Courts, So they had in processe of time by example (which in evill actions is alwaies a bet­ter mistresse than in good) a derivation of their abuses, [...]1 Iac. and corruptions. This growing mis­chiefe, the wisedome of the Parliament, 1 Iaco. well observing, and that Stewards of Leets, and Court Barons had in their owne names, or in the names of some other to their use obtained and gotten diverse grants of all the profits and per­quisits of such Courts where of they were Stew­ards, out of a greedie desire of undue and extra­ordinarie gaine to themselves, whereby many of his Majesties subjects were unjustly vexed, and by grievous fynes and amerciaments, unduely punished to their great wrong and impoverish­ment, did therefore restraine all Stewards, De­puty-stewards or Vnder-stewards, that they should not directly or indirectly, in their own names or in the name of any other, take, receive, or make benefit, to his or their owne use, in mo­ny, goods, or any other thing to the value of 12. pence or more, by vertue or colour of any de­mise or grant then after to be made, of any the profits, perquisites or amerciaments of any such Courts whereof they were Stewards, upon pain to forfeit for every such offence 40 pound, and to be disabled for ever after to bee Steward of such Court, or of any other. This Statute doth in the penaltie point only at the Steward, and therefore I may be bold to free the Lord a poena, but I cannot a culpa, For doublesse, he is parti­seps criminis, and as guiltie of wronging and im­poverishing [Page 43]the Tenants by the concession, as the Steward by the acceptation thereof. The law would not intrust a Lord to be Iudge in his owne Courts, in regard the profits and perqui­sits were to accrue unto him, and therefore ac­cording to the rule of Fleta, Provideat sibi Domi­nus de Senescallo, &c. A Steward ought to bee a man indifferent betweene the Lord and the law, being nominated and appointed to his place by the one, be it by word or writing, but credited and invested in authority by the other; Hee re­ceives his name from the Lord, but his power and facultie from the law; He is called in latine Senescallus, a word of many significations, deri­ved from the word Schale, an officer or gover­nour, and Sen (as some would have it) an ancient word for justice. So as in this Case, he is offici­arius justitiae, and therefore not fit to be a Iudge, and a pernor or proprietarie of the perquisits of his Iudgement, the reason is sufficiently set down and illustrated in the Statute. Though Stewards only be by that act of 1 Iaco. debarred from be­ing farmours of amerciaments and perquisites, it is as dangerous and inconvenient, That the Lords Bailiffe should be capeable of any such grant (a thing now too common) for as the one may be too excessive and oppressious in impo­sing, So the other may be in distreyning. And if the Bayliffe once get a power of dispensation of those things at a certaine Farme, he may be par­tiall and corrupt in returning of Iuries, and may assume the greater libertie and priviledge to be [Page 44]remisse in that, and other services to the hinde­rance and prejudice of his Majesties service in regard of his Farmeship of the profits, and by consequence of the fines which might be imposed on him, by the Steward for his wilfull or negligent offence.

The first sort of offences which concerne power of inquirie, but not of punition, are Trea­sons, Premunire, Pettie-trea­sons, and Felonies.

HIgh Treasons, which Glanvill lib. 1, cap. 2, cals, Crimen laesae Majest. ut de nece vel sedic. personae Domini Regis, velregni, vel exercitus, Brit­ton ca. 29, title Tournes de Viscounts, giveth dire­ctions for inquiring at the Sheriffes Tourne of the mortall enemies of the King or the Queene, or their children, or of their consenters.

And long after that, by the Statute of 25. Ed. 3, cap. 2, a declaration was made what offences should be adjudged, High, or Pettie treason.

If any person doe imagine or compasse the death of our Lord the King, or of the Queene, or [Page 49]of their eldest sonne and heire, It is High trea­son, Crimen laesae Majest. by the ancient common law, For Princeps censetur una persona cum ipso Rege.

Or if a man doe violate the Kings compani­on, or the Kings eldest daughter unmarried, or the wife of the Kings eldest sonne and heire.

Or if a man doe levie warre against the King in his Realme, or be adherent to the Kings ene­mies, in his Realme, giving them aide or com­fort there, or elsewhere.

Other Treasons which doe not touch the person of the King so neere.

IF any counterfeit the great seale, privie seale, or the money of this Realme.

Or if any bring false money into this Realme counterfeit to the mony of England, knowing it to be false; to marchandize, or make payment in deceipt of the King, and his people.

If any doe falsly forge or counterfeit any coine of gold or Silver, which is not the proper coine of this Realme, and is or shall be currant within this Realme.

If any doe forge or counterfeit the sign man­nuall, privie signet, or privie seale.

If a man slay the Chancellor, Treasurer, or the Kings Iustices of the one bench, or the other, Iustices in Eyre, or Iustices of Assise, or any o­ther [Page 50]Iustices being in their places doing their offices.

All those before cited and all ayders, procu­rers, and abbetters, shall be deemed and ad­judged Traitors, and shall incur [...]e all paines and for feitures, as in cases of High treason is used and ordeyned, 1 Mar. ca. 6.

If any for wicked lucre or gaine doe clip, wash, round, or file any monie, which is or shall be the coine of this Realme, or the monie there­of, or the coines or monie of another Realme, which is or shall be allowed to be currant with­in this Realme, or the Dominions thereof, it is high treason, 5 Eliz. 11.

The forfeiture by the Statute is of goods, but of lands only during life, and no corruption of blood, nor forfeiture of dower.

It was first declared high Treason, 3 H. 5, af­terwards abrogated, 1 Mar. 1, and revived by this Statute, of 5 Eliz. 11.

Premünire and Treason.

FOr the preservation of the dignitie of the im­periall Crowne of England, 5 Eliz. c. 1: it was enacted, 5 Eliz. ca. 1. That if any person of any estate, dignitie, or degree soever, should by writing, ci­phring, printing, or preaching, deed or act, advi­sedly and wittingly extoll or set forth the autho­ritie [Page 51]of the Bishop of Rome, used or usurped with­in this Realme, or any the Dominions there­of, every such person, their abbetters, procurers, and counsellers, being lawfully indicted or pre­sented within one yeare after such offence com­mitted, and being lawfully convicted or attain­ted shall incurre the penaltie of Premunire, provi­ded by the Statute of Provision, made Anno 16 Rich. 2.

And if any person, or persons, their abbetters, or procurers, after such conviction and attainder, doe eftsoons commit the same offences, and be thereof duly convicted and attainted, shall incur the paines and forfeitures of high Treason.

In like danger are they, who refuse to take the oath of supremacie prescribed, 1 Eliz. 1, which for the first offence is Premunire. And if any the persons appointed by this Act, to take the said oath, doe after the space of three moneths, next after the first tender thereof, the second time re­fuse, or doe not take and pronounce it, shall also be adjudged in the case of high Treason, and this Statute requires a publication hereof at the Leete.

But this Act shall not extend to make any cor­ruption of blood, disinherison of any heire, forfeiture of any dower, nor the prejudice of any right or title of any persons, other than the right or title of the offender during his, her, or their life only.

Nota, the penaltie in a Premunire is described 22 Edward 3.1, and 16 Richard 2.5, to bee ou [...] of the Kings protection, to forfeit lands, goods, and chattels, and their bodies to bee taken, imprisoned, and ransomed at the Kings pleasure, But by this Statute of 5 Eliz. 1, It is not lawful to kill any attainted in Premunire.

Pettie Treason.

IF any servant kill his or her Master or Mi­stresse, or a man secular or religious killeth his Prelate or Ordinarie, to whom he oweth faith and obedience, it is pettie treason in them and the abbetters, 25 Edward 3, 2.

If a woman killeth her husband, in regard of the subjection and obedience which she oweth to him, it is petty treason, 19 Henry 6, fol. 47.

If a servant after he bee out of service killeth his Master, so as it be done out of a prepensed malice whilest he was in service, It is pettie trea­son though not express [...]ly within the letter of the Statute of 25 Ed. 3.

It is pettie treason in a sonne who killeth his mother, and he shall be drawne and hanged, and so was the opinion of Thorpe, 12 Edward 3, 17. where a man killed his mother, took Sanctuary, and was drawne from thence and convicted, Cromp. Iust. fo. 15.

Note that in all Petty Treason Felony is inclu­ded, but not è contra, and it was affirmed 22 li. Ass. that a pardon of all felonies would servef [...]r Pett [...]e Treason, which is the reason that all Petty Treasons are inquireable as fel [...] ­nies in the Tourne and Leet.

The escheats hereof pertaine to every Lord of his owne fee, and the reason is, because such Treason doth not touch the King him­selfe.

Felonies.

ALL Felonies at the Common law are here inquirable as felonies, saving the death of a man and Rape, which are here to bee inquired as trespasse, 7 Henry 6, fo. 13. 6 Hen. 7, fo. 4, 41 Ass. plit. 30.

Of Felonies here inquirable there are these foure severall sorts insuing, viz.

• 1 Such as doe concerne the ademption of Life.
• 2 Or hurt of bodie, without privation of Life.
• 3 Or the spoliation, and taking away of goods
• 4 Or the taking away, wasteing, and consu­ming of life, bodie, and goods.

All privation of Life is comprehended under the generall name of Homicide, But as one writes, [Page 54] Ex diversa interficientis intentione hoc diversas & appellationes & causas habet, The intention of the Actor doth alter the appellation of the Act. Skeny l. Regiae Majest. A learned Writer of the lawes of Scotland doth set forth duo genera homicid [...]i, one which is called Murdrum; and the second sort, which is called simplex homicidium, and both are inqui­able at the Leete as Bloodshed.

Murder.

MVrther is, where any of prepensed malice doth kill another feloniously (felleo animo) whether it be openly or secretly, and whether the partie be an English man, or any other what­soever, so as he liveth in the Realme under the Kings protection. And all homicide which is done in this manner is called murder to this day for the name of murder was never changed, but: the law doth retaine it continually for the hain­ousnesse of the crime, to put a difference between that and other homicide, and as a Civilian writes, Quicquid a praecedenti malitia, vel ferro, vel veneno, Cowel instit. vel modo quocunque perpetratur, illud murdrum dicitur.

It was the crying scarlet sinne of Caine in the first infancy of the world, and hath beene, and is so horrid and detestable, as that by the Sta­tutes of 2 Edward 3, 2, and 14 Edward 3, 15, a Charter of pardon was not to be allowed in such a case.

By the Statute of 13 Richard 2, Stat. 2 c. 1, It [Page 55]was provided, that if the charter of the death of a man were alleadged before any Justices, and if upon a good inquest of the Visne where the dead was slaine, they did finde that it was done by a­waite, assault, or malice prepensed; the Charter should be disallowed, and further it should bee done as the law commanded.

Hence it was that a charter of pardon of all felonies will not discharge a Murther, without expresse words.

And here in the dutie and legiance of a Sub­ject, I cannot pretermit the remembrance of his now gratious Majesties tender and in­comparable care in pursuance of the true in­tention of those ancient lawes, by rejecting and denying all suggestions and suites for pardons in cases of murder, rape, and such like heinous crimes, which to the comfort of all his true and loyall subjects hee hath suffici­ently demonstrated, by the equall and exem­plary distribution of his justice, aswell to the tallest Cedars as to the lowest shrubs of his Kingdome.

Man-slaughter.

ALL simplex homicidium or Manslaughter are distinguished from Murders, by reason they are done suddenly, and upon hot blood without malice forethought. In ancient times, if a man [Page 56]did lye in waite to kill another, it was felonie, quia voluntas profacto, but now exitus in malificiis spectatur, & non voluntas duntaxat.

These two are called homicidium voluntarium, the first aggravated by the name of Murder, ex praemeditato, which (as Bracton noteth) is com­mitted, Ex od [...]o vel causa lucri nequiter & in Felonia.

The second in regard of the sudden act not premeditate nor forethought, is qualified by the name of Manslaughter, and hath the benefit of Clergie, in resemblance to the law of Moses; who so killed his neighbour ignorantly whom he hated not in times past had the favour to flye unto one of the Cities of refuge, Deut 19.4.

There are two other sorts of Homicide, one ex necessitate, in defence of a mans selfe, the other, ex casu, or by misfortune, both here inquirable by the common law.

In the first, the necessitie must be so great, as that it may be deemed inevitable, or else that homicide is not excusable, the definition of it is rendred by M. Stamford, li. 1, cap. 7.

If a man make an affray upon another, and the party assaulted doth flie so farre as he can, for safeguard of his life, so that hee bee driven to a streit, beyond which he cannot escape, and the other still continue the assaulting of him, In this case if he strike and kill the assaultant, It is homicide se defendendo.

But the matter must be specially found upon the Inquisition or Indictment. And 2. presi­dents of such inquisitions are set forth by Ma­ster Weste ti [...]. Indictments.

Yet he forfeiteth his goods, and must pur­chase his Charter of pardon for the same, by the Statute of Glonc. cap. 9.

Homicide casuall or by misfortune or misad­venture, is defined by Moses, the patterne for all Law-makers, Dent. 19.5. When a mangoeth in­to a wood with his neighbour to hew wood, and his hand fetcheth a stroke with the Axe to cut downe the tree, and the head slippeth from the helve, and ligh­teth upon his neighbour that hed [...]e, he shall flee to one of those cities and live.

So that in this case or the like, as throwing a barre, or stone, or shooting an arrow at a marke, or in doing any other lawfull act, without an e­vill intent, it is homicide by misadventure, and the Actor shall (instead of Moses Citie) have his refuge to the mercie of his Majesties crowne for a pardon of grace, by the Statute of Glone. c. 9. as in the case of se defendendo.

But note as a rule, in all unlawfull actions or attempts the event is not excusable, as if two or more commit an affray, and a third person comes betweene them to keepe the peace, and is slaine, albeit this accident was without an evill intent, yet in regard of the unlawfulnesse of the occasion (as the affray, contrapacem) It is selo­nie [Page 58]in the manslayer, and not misadventure, Fitz. tit. Coro. 180.22. lib. Ass.

Felonies which doe concerne the hurt, dishonour, and detriment of the bodie, without privation of life.

Felonies which concerne the taking away, waste­ing, and consuming of Life, Bodie, and Goods.

Felonies which concerne the goods of any person, and first of Gods House.

Frustra petit auxilium Ecclesiae, quipeccat con­tra Ecclesiam.

All other thefts, which are Felonies at the common Law, are here inquirable, To touch some few for instruction of youth.

If a Taverner put a peece of plate before one to drinke, who carries it away, it is felonie, because he had not the possession but the use of it.

If any Butler or Cooke who hath any vessels or plate to use, doth carrie them away, it is felo­nie, because the possession, was alwaies in the owner.

If I deliver the key of my chamber to ano­ther, and he goes and takes my goods out of my chamber, it is felonie.

If I bargaine with one to carry certaine chests to a place, and hee taketh and carrieth them to another place, and breaketh them open, and ta­keth away the goods within them feloniously, and converts them to his owne use; It is felonie, for he did not pursue his Bargaine.

If I deliver a Tun of Wine to one to carrie, and he taketh out 20 Gallons, or more, or lesse, it is felonie.

And in like case, If I deliver goods to one to carry to a place, and after he hath carried the same thither, he steales them away, it is felonie, for that the privitie of the deliverie was there de­termined.

To take the flesh of any tame or wilde foule, or beast, (that is dead) out of the possession of an­other man.

Or to take the wooll from the sheepes back, or to take the skin or tallow, and leave the bo­die behinde, is felonie, Stamford fo. 25.

Many more might be reckoned, but the di­stinction of an [...]mo furandi being observed; this may serve instar omnium.

The KINGS Prerogative.

ALL Suitors and Resiants within the Pre­cinct of a Leet ought to appeare in per­son, and are presentable if they doe ab­sent themselves.

Chiefe Pledges.

IF the Capitall or chiefe Pledges of every De­cennary viz. the Tething man, whose institution and office hath beene before at large described, doe not appeare, the ancient use of them was to take care, that none should come within the Seig­niorie or libertie, but find pledges of their good abearing; If this law were well observed, the Justices of peace would not bee troubled with setling and dissetling of persons from parish to parish as now they are.

Legiance.

ALL and every male person of the age of 12 yeares and upwards abiding within a Li­bertie by the space of a yeare and a day, who hath not done his suit royall, scil. taken the oath of Legiance (before at large expressed) are pre­sentable, 18 Edward 2. Every one of that age being a subject borne, must be Iuratus in Dece­nnaria, Brooke Leet 39.

All and every person or persons, who shall keep or harbour any such youths, and do not bring them in to be sworne, are presentable, Broo. Leet 7.

Common Nusances

ALL Purprestures are here inquirable; The word is not obvious to every countrie capa­citie, Glanv. li. 9, ca. 11. thus defines it, Dicitur autem propriè purprestura, &c. It is properly cal­led Purpresture, when any thing is unjustly usur­ped upon the King, as upon the Kings demesnes, or in stopping the publike wayes, or turning pub­like waters out of their right course.

Or when any man shall erect any thing in any Citie upon the Kings street, and generally, Quo­ties aliquid sit ad nocumentum Regii tenti. vel Re­giae viae vel civitatis.

All Purprestrures, are either erigendo, or de­struendo, either in setting up, or casting downe something which may tend to a publike an­noyance.

They are commonly made in Lands, Woods and waters, to the inconvenience of his Maje­sties leige people, by stockes and blockes, or le­vying any Dikes or Hedges, or by making or fil­ling up any Dikes.

If any walls, houses, pales or hedges, be made and erected, or beaten and throwne downe, or any wayes and paths opened or stopped to the hurt of the people.

If any waters be turned or stopped, or diver­ted out of their right course, or if the common Rivers be corrupted and annoyed by white taw­ing, lime, or such like.

Or if any ditches mounds, and Rynes, which are the fences, of grounds be not duely scoured and cleansed.

Incroachment on High-wayes.

IF any incroach upon the Kings high wayes, or any carrion or unwholesome thing be cast into the same, or in the common streets to the annoyance of the people.

Bridges, &c.

IF any Bridges or Causeyes be decayed or bro­ken, inquiry is to be made of the defects, and who ought to repaire them.

Watering with Hempe, &c.

IF any person do water any Hempe or Flaxe in any river, running water, streame, or brooke, or other common pond, where beasts doe use to drinke, it was and is a popular nusance at the Common Law, and inquirable and amerciable at the Leet.

But by the Statute of 33 H. 8. cap. 17. the partie offending doth forfeit for every time so doing 20. shillings,33 H. 8. c. 17. the one halfe to the partie grieved, or any other that will sue for the same forfeiture in any Court of Record, Leet, or Law-day, by action of debt, bill, plaint, infor­mation or otherwise, and the other moytie to the King.

As High-wayes must not be incroached up­on or annoyed, so they must be duely repair­ed and amended.

High-wayes.

THere are two sorts of Highwayes, 1 Chimi­ni Majores, 2 Chimini minores, The Majores are the foure great fosse wayes, whereof two ex­tend through the Kingdome in length, and two in breadth.

The lesser wayes are such which leade from Citie to Citie, and from one Towne to another, per quos mercata vehuntur, &c. for conveying and carrying of wares and merchandize from market to market; and concerning these, it was the Law of King Edward Confessor, Si quippiam operis ad corum perturbationem erigatar solotenus deponatur, & chimini more solito reparentur, which is agreeable to the common Law at this day.

And for that the highwayes grew very noy­some and tedious to travell in,1, 2. Ph. Mar­ca. 8. and dangerous to all persons, passengers, and carriages, It was en­acted, That the Constables and Churchwardens of every parish within this Realme, should year­ly upon tuesday or wednesday in Easter weeke, call together a number of the parishioners, and elect two honest persons of the parish to bee surveyers and orderers for one yeare, of the workes for amendment of the high wayes in their parish, leading to any market towne.

That the surveyer shall have authoritie to or­der [Page 84]and direct the persons and carriages which shall be appointed for those workes by their di­scretion, and shall take upon them the executi­on of their offices upon paine of 20 shillings e­very one making default.

That Stewards of every Leet have power to enquire by the oathes of the suitors, of all and e­very the offences, that shall bee committed a­gainst every point and article of this Statute, and to assesse such reasonable fynes and amercia­ments as shall be thought meet.

That the Steward of every Leet shall make estraets indented of all the fynes, forfeitures, and amerciaments, for the defaults presented before him, and shall deliver one part figned and sealed by him to the Bailiffe or high Constable of every Hundred, Rapelathe or Wapentake, where the defaults shall be presented, and the o­ther part to the Constables and Churchwar­dens of the parish, wherein the defaults were made, the same to bee yearely delivered with­in sixe weekes after Michaelmas, to bee be­stowed on the high wayes in the said parishes.

That the Bayliffe and head Constable shall at least once every yeare, betweene the first of March and the last of Aprill, make true account and payment of all such summs of money to the Constables and Churchwardens of every such parish, or two of them, as hee shall have collected upon any the said estreats, upon paine to forfeit, 40. shillings for every time, to be bestowed as aforesaid.

This Statute by a Latter of 5 Eliz 13. was continued and the authoritie of supervisors in­larged,5. Eliz 13. for the taking and carrying away of rub­bish, or the smallest broken stones, of any quar­rie or quarries within any such parish, without licence, controllment or impeachment of the owner or owners, so much as shall bee deemed necessarie for the amendment of high wayes, and in default of any such quarries, to digge in any private groundes, for any gravell, sand or sinder, and to gather stones lying upon lands or grounds, so as the said digging bee not in the garden, house, orchard, or meadow of any per­son or persons, and under other provisions in the said statute mentioned.

It is further enacted, that the heies, fences, dikes or hedges, next adjoyning on every side, to any high or common fairing wayes, shall from time to time, be diked, scoured, repaired, and kept low, and all trees and bushes growing in the high wayes, cut downe by the owners of the ground or soile, whereby the wayes may be open, and the people have the more readie and easie passage in the same. If any person shall not doe it, he forfeits, 10. shillings, 18. Eliz. 9.

There must bee yearely, six dayes used and imployed in the reparation and amendment of the high wayes, before the feast of the nativitie of S. Iohn Baptish, and knowledge thereof to be given in the Church the next Sunday after Easter, and upon the said dayes the parishioners shall endeavour themselves to the mending of the [Page 86]wayes, and shall bee chargeable as followeth, viz Every person for every plow-land in til­lage or pasture within the parish, And every o­ther person there keeping a draught or plow, shall finde and send at every day and place, one Wayne or Cart furnished according to the cu­stome of the Countrey, with all necessaries meet to carry things, and also two able men with the same, upon paine of every draught making de­fault, 10 shillings.

Every other housholder, and every cottager and labourer, not being an hired servant by the yeare, shall by themselves, or one sufficient labourer, upon every of the said dayes, worke there every of the said dayes, upon paine e­very one making default, each day twelve pence.

Every person (except such as dwell in Lon­don) that shall be assessed in subsidie 5 pound in goods, or 40 shillings in lands, or above, and being none of the parties chargeable by any for­mer law, but as a cottager, shall finde two able men every of the said six dayes to labour in the high wayes.

Every person having a plow-land in severall parishes, shall be chargeable to the making of the wayes where he dwelleth.

Every person keeping in his or their hands se­verall plow-lands, in severall parishes, shall be charged to finde one cart or waine &c. furni­shed for the amendment of the high wayes with­in each severall parish.

All occupiers of lands adjoyning to the ground so adjoyning to any such high way, where any ditching or scowring should or ought to bee, shall from time to time ditch and scoure in his and their ground so adjoyning, whereby the water conveyed from the high way over the ground next adjoyning, may have passage over the said ground next adjoyning, upon pa [...]ne for every time, for every rod not so ditched and scowred 12 pence.

If any having any ground, adjoyning to any high way, leading to any market towne, shall cast or scoure any ditch, and throw the soyle in­to the high way, and suffer it to lye there by the space of six moneths, shall forfeit for every load 12. pence.

The moitie of the forfeitures by all these three severall Statutes,1, 2. Phil. Ma. ca. 8. 5 Bliz. 13. 18 Eliz. 19. shall be to the Church­wardens to bestow upon the ways, and Stew­ards of Leets have power to heare and deter­mine all offences, &c.

Popular Annoyances.

ALL common or popular Nusances done to diverse and sundry of the Kings Subjects, are inquirable as this ancient Court, and so are all trespasses at the Common Law being popular.

Boundaries.

IF any ancient bounds, metes, or landmarkes be withdrawne and taken away, such as distin­guish hundreds, parishes, tythings, Common, Common meadowes, and common fields to a­void confusion, and consequently dissention, are here inquirable, 18 Edw. 2.

Cursed is he that removeth his neighbours land­marke, and let all the people say, Amen. And it is commanded in Deuteron Thou shalt not re­move the ancient bounds which thy fathers have made.

It is to be observed that divisions by lots and boundaries, have beene ever held in great esteem in all ages, even amongst the Heathens.

For the taking away of a particular boundary or mete, which concernes onely one man, an action of trespasse lyeth. And so I finde in the Regist. fo. 107, De petris pro metis positis ab­stractis.

Hedge-Breakers.

IF there be any common breakers of hedges within the Leet, who teare up frithes and fen­ces, and leave their neighbours ground subject to incursions of Cattell, and are a meanes that many trifling actions of trespasse are set on foot, to the disquiet of his Majesties Subjects.

Pound-Breach.

IF any breake any common pound or pinfold, which is Custodia legis, to take any distresse out of the same, though the distresse be tortious and without cause, yet the poundbreach is unlawful, for that the cattell were in the custodie of the Law, and the owner might have a Replevin.

If any shall rescue, and by force take away a­ny cattell or other thing which is distreyned for any rent, amerciament, or other cause before it be impounded, or in any other safe custodie, it is presentable.

Rescous.

IF any commit any Rescous within the libertie upon the Sheriffe or his Bailiffes, or any the Kings officers, in disturbance of them, from ta­king and detaining any person arrested.

Bloodshed.

IF any person commit any assault whereby bloodshed doth ensue, or doth make any af­fray or outrage whereby any mutinie or distur­bance doth arise amongst the Kings leige peo­ple, it is popular and presentable, 1 R. 3, fo. 1. Bro. Presentm. 7 Leet 26.

Generall Grievances.

THe subsequent offences will descrve that marke or character, in regard they are gene­rally pernicious to the Common-wealth by their fruites and example, and are punishable by the common Law, Or because they are gene­rally prohibited by Statute Lawes for the good of the publike weale: And in the first rancke are the evill members of a State and Realme, of which regiment the common Barretor may well be the ringleader.

Common Barretors.

IF there be any common Barretors within the libertie, they are of both sexes, Scoulds, Braw­lers, common malefactors, disturbers and dis­quieters of their neighbours.

A common Barretor is well discribed. Co. li. 8. fo. 37. to be a common mover and stirrer up or maintainer of suites, quarrells or parties either in court or countrie.

1 In Courts of Record, or in the Countie, Hundred, and other inferiour Courts.

2 In the Countrey three manner of wayes, 1 In disturbance of the peace, 2 In taking or de­teyning of possessions of houses, lands or goods, (which are in question) not only by force, but also by subtiltie, 3 By false invention and dis­persing of calumniations, rumors and reportes, [Page 91]whereby discord and disquiet doe arise amongst his neighbours.

This person is the common incendiarie of strife in his neighbourhood, and is ever fishing in troubled waters. Hee is alwayes like a Woolfe worrying his harmelesse neighbours with mul­tiplicity of unjust and fained suits, either by infor­mation upon penall Statutes, or by personall a­ctions, for himselfe and others, or by malicious procuring of Latitats or Supplicavits of the peace, and all by fraud and malice, to inforce the poore partie to give him money, or some o­ther composition ad redimendam vexationem.

Evisdropper.

THe Evisdropper who is a species of a Barre­tor, doth succeed in his order, one that lurks under walls or windowes, by night or day, to heare and carry tales, and raise strife twixt neighbours, a most perillous member in a peac­able common wealth: the holy Ghost in the new Testament, calls such an one Diabolus, a false ac­cuser, calumniator, or make-bate, 2 Tim. 3.3 Sa­lomon, Prov. ca. 26. v. 20. cryes our against them in this wise, Where no wood is, there the fire goeth out, where there is no talebearer, there strife ceaseth, vers. 21. The words of a talebearer are as wounds, and they goe downe into the inner most parts of the bellie, Levit. 19. ver. 16. Thou shalt not goe up and downe as a talebearer among the people.

The litterall interpretation of a Talebearer [Page 92]or accuser is one that maketh marchandise as it were of words, uttering them as wares, going from place to place to heare and spread abroad criminations of other men.

Such creatures are compared to a kinde of fowle and infectious vermin, called Weasels, who conceive by the eares, and bring forth their little ones by the throat, a thing abominable in men to receive by the hearing any false and fey­ned deprivations, and to utter and exaggerate the same by their tongue and report, and certainly a patulous and forward eare, doth incourage and intise a busie tongue, and both the detractor and the hearer Diabolum habent, alter in aure, alter in lingua.

Lewd houses.

THose who keepe and maintaine in their hou­ses lewdnesse, and lewd strumpets, whose persons are justly branded for Bawdes and Pan­ders, and their habitation for Stewes and Bro­thell houses, which minister frequent occasion of murthers, and bloodsheds, and often infring­ment of the peace, to the utter ruine and destru­ction of famines, a most odious and audacious sinne which poysoneth and corrupteth the pub­like weale, this lewd and too accustomed vice is punished in the spirituall Court, pro salute. ani­mae, but here inquirable, pro salute reipublicae, 27. Hen 8. fo. 17.

Rogues, &c.

ALL Rogues, Vagabonds, and sturdie per­sons that wander up and downe are here in­quirable by the common law;39 Eilz. ca 4. For suppressing such kinde of people, diverse lawes were made which were all repealed by the Statute of 39. E­liz. ca. 4. and thereby a description made, who should bee accompted Rogues, Vagabonds and sturdie beggars, That is to say,

• 1 All persons calling themselves Schollars, going about begging.
• 2 All Seafaring men pretending losse of ships or goods.
• 3 All idle persons going about begging, or useing any subtile craft or unlawfull games.
• 4 Or faining knowledge in Phy siognomie, Palmestry, or other like craftie science.
• 5 All tellers of destinies, fortunes, or other­like fantasticall imaginations.
• 6 All Proctors, Procu [...]ers, Pattent-gathe­rers, or collectors for Gaoles, Prisons, or Hos­pitals.
• 7 All Fencers, Bearewards, common Play­ers of interludes and minstrells, wandring a­broad (other than such as belong to honourable personages, lycensed under their hands and seales of armes.)

By the Statute of 1 Iac. 7. which did conti­nue and inlarge the said Statute of 39 Eliz. all licences of honourable personages are taken a­way

And all glassemen wandring up and downe the countrey are numbred in the ranck of rogues, By this Statute every man is bound to appre­hend such a rogue as he or they shall see or know to resort to their houses to aske or receive any almes, and to carrie, or cause him to bee carried to the next Constable or Tethingman, upon pain for every time, 10 shillings, to be levied and im­ployed according to the provision of 39. Eliz. in manner following, viz.

For the reparations and maintenance of the houses of correction, and stocke and store thereof, Or reliefe of the poore where the of­fence is committed, at the discretion of the Ju­stices of peace of the limit, citie, or towne cor­porate, and to be levied by warrant under the hands and seales of two or more of the said Iustices, by distresse and sale of the offenders goods and chattels.

And in default of any such levie, then to be le­vied and imployed by the Lord of the Leet or his Officer, in such manner, as is prescribed by the Statute of 39. Eliz.

By the same Statute of 1 Iac. If such Consta­bles or Tethingmen, do not cause the said rogues, vagabonds, and sturdie beggars, to be punished according to the Statute of 39. Eliz. That then they shall forfeit 20 shillings for every default to be levied, and imployed in manner as in the Sta­tute 39. Eliz. is set forth.

This Statute of 1 Iacob. is continued by 21. Iacob. and 3. Car. and doth not any way abridge [Page 95]the former power of the Court Leet, in inqui­ring, presenting, and amercing, but rather gives an amplification to it, and a speciall direction (who are to be accounted rogues) which before those Statutes were not so exactly known and deciphered.

This Law in point of preventing justice, is the most usefull of all other ordinarie Lawes, for experience will teach every one, that the opportunities of their lawlesse and wandering liberties, (were not such provisions of re­straint made) would minister occasions of robberies, burglaries, assasinations, murders, and other grievous offences.

Message of Theeves.

IF any be imployed, and doe goe in the mes­sage of theeves, and are as bad, and worse than rogues, are here inquirable.

Masterlesse persons.

ANd so are those, who like Antipodes, walk in the night, and sleepe in the day, men that live without meanes, or master, fare well, and have nothing, who are not able to render an account of their life.

Haunters of Alehouses.

Amongst vagabonds, or hazarders and night walkers, M. Fitzh. and M. Kitchin, have joyned common haunters of Tavernes, or Ale­houses, and since they wrote, diverse good laws have beene made, aswell against such haunters, as against drunkards, and their harbourers, and receivers.

The first Statute being 1. Iaco. 9. intituled, an Act to restraine the inordinate haunting and tip­ling in Innes, Alehouses, and other victualing hou­ses, doth set forth the ancient true and principal use of such houses, to be for receipt and releif of way faring persons, and for supply of the wants of poore people, and not meant for the harbou­ring of lewd and idle persons to spend and con­sume their money and time in drunken manner.

By which Statute it was restrained that no Alehouse-keeper, &c. should permit any inha­bitant or townes man (other than labourers and handicrafts-men, or persons invited by any tra­veller) to continue drinking or tipling in any such house, upon paine to forfeit for every such offence to the use of the poore of the parish ten shillings.

Drunkards.

ANd afterwards by a Statute of 4. Iac. 5. and intituled,4 Iac. 5. An Act to represse the loath some [Page 97]and odious sinne of Drunkennesse, which thereby is rightly described to be the roote and founda­tion of many other enormious sinnes, as blood­shed, stabbing, murder, swearing, fornication, a­dulterie, and such like, to the great dishonour of God, and of our nation, the overthrow of many good arts and manuall trades, the disabling of diverse workemen, and the generall impoverish­ing of many good subjects, abusively wasting the good creatures of God, It was provided, that every person which should be drunke, and thereof lawfully convicted, should within one weeke after conviction pay 5. shillings to the use of the poore of the parish, And upon refu­sall or neglect or non abilitie to pay it, to bee committed to the stockes, there to remaine sixe houres, and if any person should continue drin­king and tipling in any Inne, &c. in the place where he inhabiteth, being duly prooved in such manner as is limited in the act of 1 Iaco. He shall forfeit 3. shillings 4. pence, to be levied as the penaltie of drunkennesse, and for non-pay­ment to bee committed to the stockes, by the space of foure houres.

That all Constables, Churchwardens, Head­boroughs, Tethingmen, Aleconners, and Side­men, shall in their oathes incident to their seve­rall offices, bee charged to present the offences contrary to this Statute.

This Statute appoints a forfeiture of ten shillings upon the Constable or other inferi­our officer, who shall neglect the correction [Page 98]of a drunkard, or levying the penaltie upon him, and further gives power to the Court Leet, to inquire of, and punish all the offen­ces in these two acts, so as the presentment be within six moneths after the offence.

These two Acts by a latter of 21 Iaco. ca. 7. with the alterations and additions therin expres­sed,21 Jac ca. 7. are to be put in due execution, and to conti­nue for ever.

And whereas proofe of two witnesses was re­quired by the said statutes, now the proofe of one should be sufficient.

That the voluntarie confession of any offen­der against either of the said Statutes (before a­ny person, authorized by the said act to minister an oath) shall suffice to convince the partie so offending, and afterwards the oath of the party so offending and confessing shall be taken and be a sufficient proofe against any other, offending at the same time.

That if any stranger should bee found up­on view of his owne confession, or proofe of one witnesse to be tipling in any Inne &c. hee shall incurre the like penaltie, as if he were an inhabi­tant, to be levied and disposed, as in the said act of 4 Iac. is expressed.

That the oath limited by the said Statute of 4. Iac. to be ministred to Constables, &c. for presenting of offences contrary to the Statute, shall be alwayes hereafter inlarged and extend to present all offences, done contrary to all these three severall Statutes, according to the severall [Page 99]alterations and additions in the same.1 Car. R ca. 4.

By the Statute of 1 Car. Regis cap. 4. intituled, An Act for the further restraint of tipling in Inns, Alehouses, and other Victualing houses. It is pro­vided that every Alehouse keeper, &c. which shall permit any persons not there inhabiting to tipple in his house, shall incurre the same penal­tie, and in such manner to be prooved, levied, and disposed, as by the Law of 1 Iac. is appointed for suffering townsmen, and inhabitants to tip­ple in their houses.

And keepers of Tavernes, and such as sell wine in their houses, and doe keepe Innes or vi­ctualling, shall be taken to bee within the said two former Statutes of 1. and 4. Iac. and also within this Statute of 1 Car. ca. 4.4 Iac. 5.

A drunkard convicted the second time,21. Ia. 7. is to be bound with two sureties, to the good behavi­our from thence forth. Every Alehousekeeper which shall be convicted for any offence, against any the branches of either of the two former lawes, and the meaning of this Statute, shall for the space of three yeares after his conviction, be utterly disabled to keepe any such Alehouse.Who shall bee a drunkard.

There is no Law or Ordinance so exactly made by the wisedome of a State; but the ene­mie of mankinde, and his ministers and mem­bers, would invent some device and machinati­on to elude it. As, to that good law against that odious sinne of drunkennesse, there is a great disputation growne (as if there were need of a new act to interpret it) who shall be accounted a [Page 100]drunkard. In the opinion of some famous in that facultie, none shall be deemed a drunkard, un­lesse he be so bereaven of his memorie, reason, sense, and vnderstanding, that he is not able to knew the difference betweene his head and feet,

Et pedis & capitis quae sint diserim na nesoit.

But such sophisticall Symposiarchistes must look backe upon that of Isaiah, Vae qui consurgitts ma­ne ad ebrietatem sectandam, & potandum usque ad vesperam ut vino aestueris, that wine may inflame them.

All excesse of drinking, vltra necessitatem, which doth inflame and begets a distemper, and disorder, in the ordinary disposition of nature, is to be accounted Drunkennesse. He that is stre­nuus in vino, and can carry his burden like a brew­ers Horse, is not more excusable than the weake infirme drunkard.

All the severall sorts and kindes of drunken­nesse, may bee reduced under two regiments. 1 The one sort which drink ad insaniam, till they be so mad, as that they will fight with a wall, or with their owne shadow in the Moone light. 2 The other sort which drinke ad delirium, till they fall into a sottish and swinish drowsinesse, The Psalmist 107. vers. 27. describes them by a comparison of ships on the Sea, They reele to and fro, and stagger like a drunken man, and are at their wits end.

I neede not speake more of them, There are many Sermons and Tracts extant in print against them, and yet a man may commonly with grief [Page 101]hold severall sorts of them reeling, and in con­flict with the stones of the streets, in the face of the Sunne, and passe with impunitie.

There follow three mischievous members, who are publike enemies to the peace and plenty of a Realm, one preyes upon the coine, the other two, upon the corne and victuall of a Common weale.

Usurie.

USurers were here inquirable, as offenders a­gainst the common Law, It appeares by Glanvill, li. 7. ca. 16. that their goods and all their chattels, which they had at the time of their death, were to be seized to the Kings use, and their heires to be disinherited, and their lands to returne to the Lord of the fee, and the reason why he was not to be convicted in his life time, because it was presumed that hee might repent and forsake the sinne before his death, which if he did, he was then freed from the mulct of the Law, and so it is rendred in the same tract,

Sciendum tamen, quod si quis aliquo tempere usurarius fuerit in vita sua, & super hoc in pa­tria publicè defamatus, Si tamen a delicto suo an­te mortem suam destiterit & penitentiam egerit, post mortem ipsius, ille, vel res suae lege usurarii minime sensebuntur.

And li. 10. ca. 3. He defynes what a Vsurer is, one that taketh more than his owne, Si quis aliquid crediderit, si plus eo receperit, usuram facit.

This Law had its propagation from the con­firmation of the Mosaicall law by king Alfred. Exod. 22. vers. 25.Lamb. Arch. fo. 23. Si pecuniam mutuam dederis po­pulo meo pauperi qui habitat tecum, non urgebis eum quasi exactor, nec usuris opprimes.

It seemes by the Statute de Iudaismo, made An Dom. 1289. & 16, Ed. 1. That the dispersed Iewes (who then much infested this Kingdom) were the first introductors of this sinne, and the only usurers of this Kingdome, whereby his Ma­jesties leige people received much mischiefe and disinherison, and many offences arose, and ther­fore for the honour of God, and common profit of his people, it was ordained, That no Iew should from thence forth take any thing to usu­rie of any Christian, upon any Lands, Rents or other things, and if any Iew did offend against that ordinance, he should lose his loane, be puni­shed at the Kings pleasure, and the Christian should recover his gage, viz. his lands, rents, or other things.

This Iewish leprosie had so spread it selfein this Kingdome, that it grew even excessive a­mongst Christians, for redresse whereof, it was provided 3. Hen. 7.6. That all unlawfull chevi­sance and usurie should be extirpate, and Bro­kers of such bargaines, should be set on the pil­lory, be halfe a yeare imprisoned, and pay twen­ty pound.

That Statute and an other of 11 H. 7.8. were repealed by 37. Hen. 8. ca. 9. And provision made, that no person by any covin, engin or o­ther deceiptfull way should take (above ten pounds in the hundred) interest for one whole yeare, upon paine to forfeit the treble value of the wares, marchandizes, and other things so bargained &c. imprisonment of bodie and fyne and ransome at the Kings pleasure.

This Statute being repealed 5. Ed. 6.20. was fully revived 13. Eliz. ca. 8. And further ena­cted, that all bonds, contracts, and assurances, collaterall, or other to be made for payment of any thing reserved above the rate of 10. pound in the hundred, should be utterly void, and all Brokers, sollicitors, and drivers of usurious bar­gaines, above that rate, to be judged, punished, and used as Counsellors, Attourneys, or Ad­vocates in any case of Praemunire. And for that all usurie being forbidden by the Law of God, is sinne and detestable,

It was further enacted, That in all usurie, loan, and forbearing of mony at 10 pound in the hundred and under, the offender should forfeit so much as shall be reserved over and above the principall, to be recovered and imployed as is limited for forfeitures by the Statute of 37. H. 8. And not to be punished by the Ecclesiasticall law or otherwise.

This law was made perpetuall by the Sta­tute of 39. Eli [...]. 18.

The Statute of 21 Iac. cap. 17. which by 3. Car. cap. 4. is made perpetuall,11 Iac. ca. 7 doth restraine the taking of any more, than after the rate of 8. in the hundred, for one whole yeare, under paine of forfeiture of the treble value of the monies, wares, &c. and all bonds, contracts, and assu­rances to be void.

The Scriveners, Brokers, Drivers, and Solli­citors, to forfeit 20 pound, and imprisonment for halfe a yeare, if they take above 5. shillings for the procuring or driving the loane, or for­bearing the same lent after the rate of an hun­dred pound for one yeare, or above 12, pence for making or renewing the bond.

These two last mentioned Statutes doe respe­ctively stand and remaine in their proper and peculiar force, according to their severall re­strictions and limitations, yet none of them doe abrogate the inquirie of it as an offence of the common Law, in the Sheriffes Tourne or Court Leet, but the Steward cannot in­quire nor inflict the forfeitures, limited by the Statutes, because thereby no power is gi­ven unto him.

Forestallers.

IF any buy, or cause to be bought any marchan­dize, victuall or other thing, comming by land or water towards any faire or market, to be sold in the same, or toward any Citie, Port, Haven, Creeke, or rode of this Realme or Wales [Page 105]from any part beyond the Sea to bee sold.

Or shall make any bargaine, contract or pro­mise for the having or buying of the same, or a­ny part thereof, before it shall bee in the mar­ket, faire, citie, port, &c. ready to be sold.

Or shall make any motion by word, letter, message, or otherwise, to any person for inhaun­sing the price, or dearer telling of any of the said things.

Or else diswade, move, or stirre any person comming to the market, or faire, to forbeare the bringing of any of the things to any faire, mar­ket, cuie, &c. to be sold, shall bee judged a Fore­staller.

Regrator.

IF any shall Regrate or get into his possession, in any faire or marked, any Corne, Wine, Fish, Butter, Cheese, Candles, Fallow, Sheep, Lambes, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Pidgeons, Conies, or other dead victuals whatsoever, that shall be brought thither to be sold, and doth sel the same againe, in any faire or market holden in the same place, or in any other faire or market within foure miles thereof, shall be reputed a Regrator.

Ingrosser.

IF any get into his hands by buying, contra­cting, or promise taking (other than by de­mise, [Page 106]grant, or lease of Land, or tythe) any corn growing in the si [...]l [...]s, or any other corne, butter, cheese, fish, or other dead victuall within Eng­land, to the intent to sell the same againe, shall be taken an unlawfull Ingrosser.

They are all linked together in this Statute, and the punishment of them equall, viz.

• 1. Offence, imprisonment for two moneths without basle, and forfeiture of the value of the goods bought, &c.
• 2. Imprisonment for one halfe yeare, and lose the doable value of the goods, &c.
• 3. Offence, pillorie in the place where hee dwels, forfeiture of all his goods and cattell, which he hath to his own use, and imprison­ment during the kings pleasure.

By this Statute, no expresse power is given to Leets to inquire of these offences, or any of them, whereupon much doubt hath arisen, and much neglect insued, in not charging the sui­tors to present the offenders, and forestallers, and Regrators at Tournes and Leets, the rather for that M. Kitchin in his booke of that subject, and in the particulars of the charge, doth not once mention those offences, but that they were and are offences at the common Law, and inquirable and punishable in Tournes and Leets will be ve­ry manifest. [...] Leet, so.

Fitzh. in his Court Leet, so 86. printed A.D. 1559, after the Statute of 5 Ed. 6. doth charge the inquirie of Forestallers and Regrators.

And the Statute 5. Ed. 6. doth not abridge a­ny other power or jurisdiction, as appeares by a clause in the same Act, viz. If any should bee punished by vertue of that Act, for any thing therein mentioned, he should not otherwise be vexed or put to any paine for that thing. It will not be amisse here, to take a short survey of the ancient ordinances of this Kingdome, which were but declarations of the common Law.

The old Law, intituled, Indicium Collistrigii, 51 Hen. 51 Hen. 3. provides that inquirie be made de forstallariis, who before the due houre did buy any thing, contrary to the ordinance of the towne and market. Or doe go out of the town to meet with any vendible things, and doe buy them extra villam, that they might sell them in the towne to Regrators, at a dearer rate, than they which would have brought it into the Towne.

That law is seconded with another, intituled Statut. de pistoribus & braciotaribus &c. & de Forstallariis (being repealed only touching the assise of wine by 21 Iac.) by which the King commands, that no forestaller should dwell in any towne, and renders the reason. Qui paupe­rum est depressor manifesle, & totius Communitatis & patriae publicus inimicus, An oppressor of the poore, and an enemy of the countrey, and here­by the

• 1 Conviction is a grievous amerciament.
• 2 Iudgement of the Pillorie.
• 3 Incarceration and redemption.
• [Page 108]4 Abjuration of the Towne.

And the like against those that should coun­sell or countenance them, and it was to be inqui­red, if any Steward or Bayliffe, did for any re­ward remit the judgement of the pillorie, by which it is plaine, that Stewards of Leets had power to inquire of this offence.

By the Statute of 25 Ed. 3, cap. 3, all fore­stallers of Wines, and all other victualls, wares, and marchandizes, that comes to the townes of England by land or by water, being attainted at the Kings suit by indictment, or in any other manner, shall forfeit to the King the things fore­stalled, if they were full bought, But if agree­ment were only made by earnest, then the value of the things so forestalled, and two yeares im­prisonment or more, at the Kings will, if the buy­er had not whereof to pay it.

By all those lawes it was not perfectly known what person should bee taken for a forestaller, &c. and therefore a full declaration was made by the latter Statute of 5 Ed. 6.14.

These Monopolists of late yeares, began to swarme and muster themselves against the Common weale, and in time like the frogs of Egypt, would have over-run and covered the whole land, and without a scarcitie would have brought a dearth amongst us, if his now Roy­all Majestie by his Proclamation, orders and directions, Dated 28. December, 1630, after­wards put in execution against some princi­pall [Page 109]ingrossers of corne and graine by two se­verall censures and decrees, in the high court of Starchamber, Mich. 7. Car. had not mini­stred a timely prevention, by which directi­ons a strict inquirie of Forestalles and Regra­tors is required in a Court Leet.

There follow severall sorts of fraudes, de­ceipts, and conspiracies, as well in making, sel­ling, and uttering of victuall and wares, which concerne the alimony and sustenance of the bo­dy, as also in trades of mercimony, and manu­facture, and in artificers and labourers, all which are inquirable at Leets.

Assize of Bread.

BRead is the principall of all kinde of victuall, it is the staffe of life, and the life of the poor, in sacred Scripture the commination of famine, is denounced by breaking the staffe of bread, Le­vit. 26.26. If therefore any Baker shall make and put to sale any bread which is not of good and sufficient weight and assize, according to the [...]ate and prices of corne and grain, in the markets adjoyning, or is not wholesome for the bodie of man.

Brewers and Tiplers.

IF Brewers and Tiplers doe not keepe and ob­serve the assize of ale and beere, and make it good and wholesome for the body of man, or do drefuse to suffer their Ale and Beer to be assayed an tasted by the officer, on that behalf appoin­ted, before they set the same to sale To the end he may be the better directed where to search, Every licensed Tipler ought to have a Bush or alestake at his doore.

Cups, Glasses.

IF any Tiplers sell by glasses, cups, or dishes, or any measure which are not of due assize, and lawfully sealed, whereby the poore labourer and wayfaring passenger, (for whose reliefe and comfort such persons are allowed to tipple) bee scanted and defrauded.

By the ancient Law of Iudicium Collist. 51. Hen. 3, before mentioned, If a Baker or Brewer be convict for not observing the as­size of bread and ale, the first second and third time, he shall bee amerced accor­ding to his offence, if it bee not over­grievous, but if it be grievous and often, Si grave fecerit delictum & pluries, & castigari no­luerit, tunc patiatur judicium corporis (scil.) Pistor collistrigium, & brasiatrix trubicetum [Page 111]vel castigatorium, A Baker to the Pillorie, and a brewer to the Tumbrell, or other cor­rection, &c.

Butchers, &c.

IF any Butchers, Fishmongers, Regrators,13 Edw. 3.6. Hostlers, Brewers, Bakers, Pulters, or any o­ther sellers of any manner of victuall, doe not sell the same for reasonable prices, having re­gard to the prices in the places adjoyning, so that the same sellers have moderate gaines and not excessive, reasonably to be required (accor­ding to the distance of the place from whence the said victualls be carried) shall pay double for the same to the partie damnified, or in de­fault of him, to any other that will pursue on this behalfe. 13 Ed. 3.6.

Victuallers.

BY the Statute of 13 Ri. 2.18. For victuallers,13 [...]h. 2.1 [...]. it was accorded, that they should have reaso­nable gaines, according to the discretion and li­mitation of the Justices and no more, upon paine to be grievously punished, according to the dis­cretion of the said Iustices, where no paine was limitted in certaine before that time; and that Sheriffes, Stewards of franchises, and all others that have assize of bread and ale, and the corre­ction thereof, shall take no amerciament or fine [Page 112]for any default, touching the assize, to spare any bodily punishment.

In the time of Edw. 4. certain persons for their owne profit, did procure Letters Patents of the King to be surveyors and correctors of victuals, within certaine Cities, Boroughs, and other places, and by pretence thereof did commit di­verse extortions and oppressions, to the dam­mage of the people, and derogation of liberties and franchises, which Letters Pattents by the Statutes of 12 Edw. 4. ca. 8. were made void.

But for that the dearth and plentie of Cheese, Butter, Capons, Hens, Chicken, and other vi­ctualls, necessarie for mens sustenance, were ma­ny times inhaunsed and raised by the covetous­nesse of the owners, by occasion of ingrossing and regrating the same,25 Hen. 8 cap. 2 It was 25 H. 8, cap. 2. provided, that upon complaint of any such in­haunsing, the Lord chancellor of England, and others therein named, should have power to see and taxe reasonable prices upon such kind of vi­ctualls, to be sold in grosse or by retaile, and Proclamation to bee thereof made under the great Seale, and those prices so taxed to be ob­served upon such paines as by the said Procla­mation should be declared.

But this Act should not be hurtfull to Maiors, Sheriffes, Bailiffes, or other officers of Cities, Boroughs, or Townes-corporate, nor to any o­ther having authoritie to set prices, &c.

Nota, the power of a Leet is not abridged by any of these Statutes, but rather declared and explained.

Horsebread, &c.

IF any Baker in any Citie, Towne corporate, [...] Jar. [...]1 o [...] Market towne, shall make or sell any Horse­bread, which is not of lawfull assize, and rea­sonable weight, after the price of Corne and Graine in the market adjoyning.

Or if any Hostler or Inholder, dwelling in a­ny Citie, &c. shall make horsebread in his ho­sterie or without.

Or shall not sell their horsebread, and their hay, oates, beanes, pease, provender, and all kinde of victuall, both for man and beast, for reasonable gaine, having respect to the prices in the markets adjoyning, without taking any thing for litter.

Or if any Inholders of Hostlers, dwelling in any throughfare, towne, or village, (being no citie, towne corporate, or market-towne, where any common Baker having beene an apprentice at that trade by the space of seven years is dwel­ling) who may by this Statute make horsebread in his house, shall not make it sufficient, lawfull, and of due assize, according to the said prices of graine and corne, Or shall offend in any thing contrary to this act.

All stewards of Leets have power to en­quire, heare, and determine all the said de­faults and offences of the said Hostlers and Inholders. And the punishment to be insti­cted, is for the [Page 114]

• 1 Offence to be fined according to the quanti­tie of the offence.
• 2 Conviction, imprisonment for one moneth without baile, &c.
• 3 To stand in the pillorie without redemption of money.
• 4 After judgement of the pillorie given, hee shall be forejudged from keeping any Inne againe.

Unwholesome or corrupt Victuall.

IF any Butchers, Fishers, or other Victuallers, do sell any manner of corrupt victuall, not wholesome for the body of man.

If any butcher shall sell carnes sustentatas vel de morte morina, any contagious flesh, or that dyed of the murrain, 51 Hen. 3. Or shall kill and sell the flesh of any Bull unbaited, or of any cat­tle killed suddainly upon the drift, or with their breath doe puffe and blow up meat, whereby it prooves deceitfull in the sale, and may bee un­wholesome, it is presentable.

Flawing of Hides, &c.

NO Butcher by himself or by any other per­son,1 Iac, ca. 22. shall gash, slaughter, or cut any hide, of any Oxe, Bull, Steere, or Cow, in flaying there­of or otherwise, whereby the same bee impai­red or hurt, under paine of 20 pence for every hide so gashed, &c. 1 Iac. c. 22.

No Butcher shall water any hide (except on­ly in the moneths of Iune, Iuly, and August) nor shall offer or put to sale any putrified or rotten hide, upon paine of every hide so watered, pu­trified and offered to be put to sale, three shillings foure pence.

Calves under five weekes old.

NO Butcher or other person or persons shall kill any Calfe to sell being under five weeks old, upon paine for every Calfe so to be killed and sold, six shillings foure pence.

No Butcher shall by himselfe or any other person use the craft or mysterie of a Tanner, du­ring the time that he shall use the craft of a but­cher, upon paine for every day six shillings eight pence.

Cookes.

INquirie is to be made of Cookes that seeth flesh or fish, with bread or water, or any o­therwise, that is not wholesome for mans bodie, or after that they have kept it so long, that it lo­seth its naturall goodnesse debitam naturam) and then reseeth it and sell it, 51 Hen. 3.

Malt-maker.

THe Maltmaker (the only Syre of an unruly Alchouse,21 Edw. 6.10 revived 27 E­liz. 14. by his excesse in making of too [Page 116]much,Continued 1 Iac. 25, Con­tinued 21 Jac. 28, Continu­ [...] 3 Car. 4. and his slights and deceipts in his hasty making of bad and corrupt malt, is, as ill a mem­ber as any, his frauds and slights are in the pre­amble of this Statute described to be such in the making and drying of his malt, that no whole­some drinke for mans bodie could bee thereof made, to the perill and danger of his Majesties subjects, the losse and decay of the Common wealth, and the utter impoverishment of Bre­wers, for that they could not make so much of fifty quarters of malt, being evill dryed and made, as they could of forty good.

If therefore any person shall make any barly malt (the moneths of Iune, Iuly, and August on­ly excepted) but that it shall have in the Fat and Floore, steeping and sufficient drying thereof three weeks at the least, and in those moneths 17 dayes at the least (without which it cannot bee wholesome for mans body) shall forfeit for every quarter of Barly malt, two shillings.

Or if any shall mingle any malt not being well and sufficiently made, or being made of mow­burnt or spired barlie with other good malt, and put the same to sale, shall forfeit for every quarter, two shillings.

If any person shall put to sale, any malt not sufficiently and well trodden, rubbed and fanned whereby there may bee conveniently fanned out of one quarter thereof, halfe a peck of dust or more, every such person shal forfeit and lose for every quarter so put to sale twentie pence.

One moitie of those forfeitures, are to accrew to the King, and the other to the partie that will sue for the same, to be sued or presented within one yeare.

Of these abuses every Steward of Leets hath power to heare, and determine, aswell by pre­sentment of twelve men, as by accusation or in­formation of two honest witnesses, and the Bailiffes and Constables of every borough, mar­ket towne, or other towne, where such malt shal be made or put to sale within any of the said townes, and finding the same, with the advice of one Iustice of peace, shall cause the same to be sold at reasonable prices, and under the price of the market, as to his discretion shall seeme ex­pedient.

Millers.

IF any Miller take excessive tole, he ought to take but the twentieth or twenty fourth grain according to the custome of the place, and to the strength of the water, or if hee changeth or altereth the graine which he hath to grinde, presentable.

Conspiracies in Butchers.

IF any Butchers, Brewers, Bakers, Poulters,2, 3 Ed. 6. c. [...] Cookes, Costermongers, or Fruiterers, not contented with moderate and reasonable gaine, [Page 118]shall conspire, covenant, promise, or make any oathes to sell their victuals but at certain prices.

Or if any artificers, workmen, or labourers, do conspire, covenant, &c. not to make or doe their workes but at a certaine price and rate, or shall not enterprise or take upon them to finish, what another hath begun, or shall doe but cer­taine worke in a day, or shall not worke but at certaine houres and times.

Every person so offending being lawfully con­victed thereof, by witnesse, confession, or o­therwise, shall forfeit as followeth.

• 1 Offence, ten pound to the King (if he have to pay) within six dayes after his conviction, or twenty dayes imprisonment, with bread and water for his sustenance.
• 2 Twenty pound to the King (if he have to pay) within six dayes, or else the punishment of the Pillorie.
• 3 Forty pound &c. payable within six dayes, or else to sit in the Pillorie, lose one of his eares, and at all times after to bee taken for a man infamous, and his oath not to be credited in any matters of judgement.

And if such conspiracie &c. be had and made by any societie, brotherhood, or company of the victuallers above mentioned, with the presence or consent of the more part of them, that then immediately upon such act of Conspiracie, co­venant or promise, over and besides the particu­lar punishment, before appointed for the offen­der, [Page 119]their corporation shall be dissolved to all intents, constructions, and purposes.

False weights and measures.

IF any keepe and use any false measures of bu­shels, gallons, ells, yards, or false weights, ballances and pounds.

Double weights. &c.

OR if any use double weights and measures, the greater to buy with, and the lesser to sell with, to deceive the people, in Mag. Car. [...]. 26. one speciall branch for the uniformitie of weight and measure, is in these words, S. Vna sit mensura vini per totum Regnum nostrum, una mensura cervisiae, una mensura bladi, et de ponderi­bus sicut de mensuris, Also by the foresaid Sta­ture of 51 Hen. 1. It was to be inquired, if any sold by one measure, and bought by another, or if any did use false ells, weights, or measures, which was confirmed and inlarged by 27. Ed. 3.10.

It is Gods law injoyned by Moses unto the people, You shall doe no unrighteousnesse in judge­ment in mete yard, in weight or measure, just bal­lances, just weights, a just ephah, and a just hinne shall yee have Levit. 19. vers. 35.36.

Wines.

THe Statute of 7 Ed. 6.7 Ed. 6, c. 5. ca. 5. intituled an Act made to avoid the great and excessive prices of wines, for so much as doth concerne the prices of wines, or the restraining of having wines in mens houses is repealed 1 Iac. 25.

But no person shall keepe any Taverne, or sell or utter by retaile, by the gallon, or lesse, or greater measure in any place, any Gascony, Guyon or French, nor any Rochel wines, nor any other wine or wines, in any place, except it be in ci­ties, townes corporate, Boroughs, Port townes, or Market townes, or in the townes of Graves­end, Sittingborne, Tuxford and Bagshot, upon paine to forfeit for every day so offending ten pound.

No person shall sell wines by retaile in any Citie, borough &c. unlesse he be assigned by the head officers, and the most part of the com­mon Counsell, Aldermen, &c. for the time be­ing of such City, &c. by writing under the common seale.

Nor in any Citie or towne &c. not corpo­rate, or in the townes of Gravesend, Sittingborn or Bagshot, unlesse he be appointed by all or most part of the Iustices of peace of that Shire, at the generall Sessions of the peace, by writing under their severall seales, under paine for every day five pound.

And if any having authoritie, &c. shall no­minate [Page 121]and appoint, more or greater number of Taverners, or Wine-sellers, than by the Statute is limited to be assigned in severall places, shall forfeit for every such nomination or appoint­ment five pound.

And none shall sell or retaile any kinde of wines to be drank or spent in his mansion house or other place in his tenure or occupation, by any colour, craft, engine or meane, upon paine to forfeit for every such offence ten pound.

The Steward in every Leet and the Sheriffe in his Tourne (inter alia) have power to enquire by the oathes of twelve lawfull men, of all offences done contrary to this Act, and every inquirie and presentment so taken, shall be of such force, as if it were had or taken in the Kings bench, and the foresaid penalties upon any such presentment (and no bill, plaint, a­ction or information thereof commenced in any the Courts of Record) shall bee divided equally in two parts, whereof one to bee to the King, and the other to the poore of the towne or place, &c.

To bee sued, presented &c. within one yeare.

Deceits in Tradesmen.

IF any Tradesman or Artificer whatsoever, doth use any fraud, shift, slight, or deceit in the making of his and their ware and chaffer, [Page 122]and doe not make the same as they ought wher­by the people are deceived.

Learned Lynwood, titul. de haereticis ca. finaliter, sets forth seven sorts of Mechanick arts or trades, and in the first sort he rankes all those qui circa pilos et lanam, pelles et carnes operantur, those that meddle with haire or wooll, hide or flesh, amongst whom are butchers, Tan­ners, Curriers, Shoomakers, or Cordway­ners and others cutting of Leather, all com­prized in the Statute of 1 Iac. ca. 22. the butchers I have singled out already in their due place.

Clothmakers and Labourers thereof.

IN the occupations of Clothmaking the labo­rers thereof were driven to take a great part of their wages in pinnes, girdles, and other un­profitable wares, and had delivered unto them woolls to be wrought by very excessive weight whereby both men and women were discoura­ged of such labour. It was therefore ordained,

That all clothmakers should pay to the car­ders, spinsters, and all other labourers in any part of that trade lawfull mony for all their law­full wages.

And should also deliver woolls to be wrought according to the faithfull deliverie,Repealed 5 E­liz. [...]. and due weight thereof, upon paine to forfeit to every la­bourer,

The treble value of the wages so not paid.

And for every default in deliverie of excessive and unlawfull weight six pence.

That every carder, spinster, weaver, fuller, shereman and dyer shall duely performe his du­tie in his occupation, upon paine of yeelding to to the partie greeved double dammages.

That every fuller in his craft of fulling, tassel­ling, or rowing of cloth, shall exercise and use tazels and no cards deceitfully impairing the same cloth, upon pain to yeeld to the partie grie­ved double dammages.

Every Steward of Wapentakes and Leets (out of any citie, borough or towne, where no Mayor or chiefe officer is) shall have power to heare and determine the complaints of e­very clothmaker and labourer, by due exa­mination of the parties, and for non-payment of the said duties forfeiture and dammages, to commit the offenders to the next Gaole, there to remaine untill they pay the same.

And shall also have power upon infor ma­tion of any other person which is not grie­ved, to cause the partie to come before him, for offending this ordinance, and if upon ex­amination or other due proofe the partie be found guiltie or defective, he shall forfeit for every time to the King or Lord of the Leet three shillings foure pence to bee recovered in manner aforesaid, without paying any fee or reward.

Tanners. Who may bee a Tanner.

NO person shall tanne any leather,1 Jac. c. 22 or use, or have any profit of or by the said mystery, unlesse he had a Tanhouse at the beginning of that Parliament And except such as have beene or shall be brought up as apprentises, or cove­nant and hired servants, by the space of seven yeares in that mysterie, and except the wife and such sonnes of a Tanner, as hath beene brought up, and used the said trade by the space of foure yeares, or the sonne or daughter of a Tanner, or such person who shall marrie such wife or daughter, to whom he hath or shall leave a Tan­house and fats, upon paine of forfeiture of all the leather so tanned, or whereof hee shall re­ceive any profit, or the just value thereof.

No Tanner shall use the mysterie of a Shoo­maker, currier, butcher, or any other artificer, useing, cutting, or working of leather; upon paine to forfeit all the Hides and Skins so wrought, or the value thereof.

None shall buy, contract for, or bespeake a­ny rough Hide or Calves skin in the haire, but only Tanners, or tawers of leather, except salt hides, for the necessarie use of ships.

Forfeiture of the Hides and skins or the just value.

None shall forestale any Hydes comming to­wards any faire or marker, nor buy any hide [Page 125]but in open faire or market unlesse it be the hyde of a beast killed for a mans owne private pro­vision.

Forfeiture for every hyde so bought six shillings eight pence.

This Law provides against the insufficient ranning and drying of leather, and so much as shall not be throughly tanned or dryed, to bee out our by the oversight and direction of the tryers and searchers, &c.

None (to overhasten the tanning of their lea­ther) shall set their fats in tanhills or other pla­ces where the woozes or Leather may take any unkinde heats, nor put any leather into any hot or warme woozes, not tan any hides, calve skin or sheeps kin with any warine woozes upon paine

For every offence ten pound, and to stand upon the Pillorie three severall market dayes.

This law gives remedie against regrating and ingrossing of Oken barke before it be stripped, or after to sell the same againe upon paine,

To forfeit all such barke, or the value thereof.

Curriers.

NO Currier shall exercise the mysterie of a tanner &c. or other artificer, useing cut­ting of leather during the time he shall use the mysterie of a Currier upon paine,

To forfeit for every hide or skin six shillings eight pence.

He shall not curry any leather in the house of any Shoomaker or other person, but only in his owne house, scituate in a corporate or market Towne.

Nor shall curry any kinde of leather (ex­cept it be well and perfectly tanned) nor any hyde or skin being not throughly drie after his wet season, in which season he shall not use any stale, urine, or any other deceitfull mixture, way, or meanes to corrupt or hurt the same.

Nor shall currie any leather meet for utter sole-leather with any other stuffe than hard tal­low, nor any lesse of that than the leather will receive.

Nor any kind of leather meet for over lea­ther and inner soles, but with good and suffici­ent stuffe, being fresh and not salt, and through­ly liquored, till it can receive no more.

Nor shall burn or scald any hide or Leather in the currying, nor shall shave any Leather too thin, nor shall gash or hurt any leather in the shaving or by any other meanes, upon paine

To forfeit for every offence (other than in [Page 127]gashing, or hurting in shaving) six shillings eight pence, and the value of every skin and hide marred by evill workmanship.

And for every offence in gashing &c. dou­ble so much to the partie grieved, as the Lea­ther shall be impaired thereby, by the judge­ment of the Wardens, &c.

That the leather to be brought by any artifi­cer which is or shall be a cutter of leather, or by his servant, with good and sufficient stuffe to liquor the same, shall be liquored and curried perfectly with convenient speed not exceeding eight dayes in summer, and sixteene dayes in winter, after it be taken in hand upon paine

To forfeit to the partie grieved for every hide and peece of leather not well and speedi­ly dressed ten shillings.

Cordwayner or Shoomaker.

NO shoomaker shal make or cause to be made any Bootes, shoos, buskins, startups, slip­pers or pantoffles, or any part of them of English leather wet curried (other than Dearskins, Calve skins or Goat skins, made or dressed like unto Spanish leather) but of leather, well and truly tanned, and curryed in manner aforesaid; or of Leather well and truly tanned only, substanti­ally sewed with good thread, well twisted and made with wax, well rasonned, and the stitches [Page 128]hard drawne with hand leathers, without ming­ling over leathers, viz. part of the over leather being of Neats leather, and part of Calves leather.

Nor shall put into Shooes, Bootes, &c. any sheeps-skin, bull or horse-hide-leather, nor into the upper leather of any shooes, startupps, or pantoffles, or into the nether part of the boores (the inner part of shooes only excepted) any part of any hide, called the wombes, neckes, shank, flank, powle, or cheeke.

Nor shall put into the utter sole any other lea­ther, than the best of the oxe or steere hide, nor into the inner sole any other leather than the wombes, necke, powle or cheeke, nor in the tres­wels of the double soled shoes, other than the flankes of the hides aforesaid.

Nor shall make or put to sale, in any yeares betweene ultimo Sept. and 20. Apr. any shooes, bootes, &c. meet for any person to weare ex­ceeding the age of foure yeares, wherein shall be any dry English leather, other than Calve or Goatskins made or dressed, like unto Spanish leather, or any part thereof.

Nor shall shew, to the intent to put to sale, a­ny bootes, shooes, &c. upon the Sunday, upon paine

To forfeit for every paire of shooes, bootes, &c. made, sold, shewed or put to sale, con­trary to this act, three shillings foure pence, and the just and full value of the same.

Searchers and Sealers.

ALL Mayors, Bayliffs &c. and all Lords of liberties, faires or markets, out of the compasse of three miles of London, shall upon paine of forty pound (whereof one halfe to the King, the other to the partie that will sue for the same) for every yeare that they make default, shall yearely appoint and sweare, two, three, or more sufficient and skilfull men to be searchers and sealers of leather within their limits, and one of them shall keepe a marke or seale prepared for that purpose, and shall seale such leather as they finde sufficient and none other.

That it shall be lawfull to any of them to seiz all such leather and ware as shall be insufficient­ly tanned, curried, made, or wrought contrary to any provision in this act, and shall retaine the same, untill it be tryed as hereafter is mentio­ned, viz.

That every such Mayor, &c. or Lord of li­bertie, or his sufficient deputie, after notice given to him of any such seisure, shall with all conve­nient speed, appoint six honest and expert men, to trie whether the same wares so seized be suf­ficient, according to the intent of this Statute or not, the same tryall to be made openly upon some market day, within fifteene dayes at the farthest, next after such seisure, upon the oaths of the tryers.

To forfeit for not appointing such tryers, sive pound.

The tryers if they doe not proceed and doe their duties therein without delay, doe forfeit for every default sive pound.

Every searcher and sealer of leather which shall resuse with convenient speed to seale any lawfull leather, shall for every such offence for­feit forty shillings.

For receiving any bribe, or exacting any fee for execution of his office, (other than is limited by the statute, for searching, sealing, and regi­string of leather) 20 pound.

For refusing after election to execute the of­fice 10. pound.

Stewards of Franchises and Leets have po­wer to heare and determine all the offences a­gainst this Act, and also by their discretions to examine all persons suspected to offend this Statute, or any parcell thereof.

Cloth makers, Fullers, Sheeremen, Tay­lers, Shoomakers.

IF any of those trades shall retaine to worke in any of their trades any unmarried person as a journey man to worke by the day, [...]. Ed. 6, 22. or taile work, or by the great, for any lesse time, than for one whole quarter of one whole yeare, the person or persons offending, shall suffer imprisonment for [Page 139]whole moneth, and forfeit forty shillings for every offence.

If any Iou roey man of any the said mysteries being required by any persons useing the said trades,This is fully repealed, by 5. Eliz. c. 4. or any of them to serve by the quarter of a yeare, halfe a yeare, or whole yeare, upon such reasonable wages, as betweene them shall bee agreed, and in case they cannot accord, then for such wages as shall be adjudged and decreed, by one Iustice of peace, Maior, Alderman, Bailiffe, Portreeve, Constable or Tethingman of the Shire, Citie, Towne, Borough, Village, Hun­dred, Wapentake, or Tything, where any such journeyman shall be required, and shall refuse to serve, shall suffer imprisonment for one whole moneth, and forfeit for every time 20. shillings.

All and every the said Tradesmen that shall have three apprentises in any of the said occu­pations, shall keepe one Iourneyman, and fore­very other apprentise, above the number of three, one other Iourneyman, upon paine of eve­ry default ten pound, the one halfe to the King the other to the partie that will sue for it.

All Stewards of Leets (inter alios) hath po­wer to punish and correct all and every of­fenders, contrary to the tenour of this, accor­ding to such presentments as shall bee made before them.

The second Mechanicke art of M. Linwoods division is Armatura, and Sub hac arte (saith he) continetur ars Sagittariorum & Balistariorum. And they fitlie suc­ceed here, to be inquired of in their due order.

Artillerie.

FOr maintenance of Sagittarie Discipline (an exercise famous and honourable to this Kingdome for many victorious battels) and for debarring and repressing of unlawfull games,33 H. 8. c. 9. the Statute of 33. Hen. 8. ca. 9. was or­dained, which provideth, that such as be of ten­der age, bee brought up in the knowledge of Shooting, and every person shall provide and have in his house, for every man child of the age of seven yeares and above, till hee come to the age of seventeene yeares, a bow and two shafts to learne and induce them, under paine (if they want them one moneth together) of six shillings eight pence, incurred against the master.

After seventeene yeares every such young man shall provide a bow and foure arrowes at his owne cost, and if under threescore yeares taking wages, and being able to shoot, hee shall want a bow and foure Arrowes by the space of one moneth together, shall forfeit for every such default six shillings eight pence.

No man under the age of 24. yeares shall shoote at a standing pricke, except it be at a ro­ver, whereat he shall change at every shoot his marke, upon paine for every shoot foure pence.

Nor at any marke of eleven score yards or under, with any prick, shaft, or slight, under pain of six shillings eight pence for every shoot.

That Butts shall bee made in every Citie, Towne and place by the inhabitants, according to the Law of ancient time used, and maintained and continued by them, upon paine for every three moneths 20 shillings,

Stewards of Leets have power to heare and de­termine the offences, and at their discretion, to examine all persons not having bowes, shifts and arrowes.

Unlawfull Games.

THis good Law, [...] as it injoynes a lawfull, so it inhibiteth an unlawfull exercise, especially unlawfull games, which are ingendred and [...]r­sed by idlenesse, the mother of all vice, the [...] of youth, decay of trades, and thine of all com­mon weale. It is therefore enacted,

That none for his gaine and [...]ere, shall keepe or maintaine any common h [...]alley, or place of Bowling, Tennis, Dicing, Carding, or any other manner of game prohibited by any Sta­tute, nor any hereafter to be invenced, found or [Page 142]had [...]on paine for every day 40. shillings.

Every person haunting any of the said houses and places, and there playing, forfeiteth for eve­ry time, six shillings eight pence.

All Constables and Bailiffes, &c. shall make search every moneth for unlawfull games, as well within franchises as without, or in default thereof, they forfeit for every moneth not exe­cuting the same forty shillings.

No artificer, husbandman, handicrafts man, apprentise, journeyman, or servant of artificer, marriners, fishermen, waterman, or any serving­man, shall at any time play, at any the said un­lawfull games but onely in the time of Christ­mas, servants to play in their masters houses, and in their presence.

No person shall bowle in any open place, out of their garden or orchard, upon paine of six shillings eight pence.

But noble men, and every one that may dis­pend in lands or other profits to the yearely value of an hundred pound, may permit their servants and others comming to their houses, to play within the precincts of his houses, gar­dens or orchards, at cards, dice, tables, bowls, or tennis, and shall not incurre the penaltie of this Statute.

The forfeiture happening within the pre­cinct of any franchise or Leet, the one moye­tie shall be to the Lord, the other to the p [...]ty, that will sue for the same by any action, &c. [Page 143]and out of the libertie of a Leet, the [...] moi­etie to be to the King, &c.

Handguns and Crosbowes

FOr that diverse malicious and ill disposed per­sons did shamefully commit diverse detesta­ble murthers, robberies, felonies,33 [...] riots and routs with crossebowes, little short handgu [...]s, and hagbuts, to the great feare and danger of his Majesties Subjects: And the laudable exercise of the long bow was lately laid a part, which had be [...]ne the safe guard and def [...]nce of the Realme and an inestimable dread, and terrour to the ene­mies of the same.

It was ordained, That no person unlesse [...]e could dispend in lands or other profits, an hun­dred pound per annum, should shoot in any crossbow, handgan, hagbut, or demibanke, or keepe any in then houses or elsewhere, upon paint for every time 10. pound.

Nota, S Iohns Case Co. l. 5. so. 71. It was adjudged that a dagge and pistoll were com­prehended under the word (handgunne) though not expresly memioned, and that stonebowes were prohibited, swell as cross­bowes.

No person shall shoot in, carry, use, or have in his house or elsewhere any handgun, other than such as shall be in the stocke and gunne the [Page 144]length of one yard, nor any hagbut, demihauke other than such as shall be in stocke and gunne three quarters of a yard, upon pain of ten pound.

Every person having lands, fees, annuities, or offices of the yearly value of an hundred pound, may seize and take every such Crossebow, and keepe it to his owne use, and also seize every such handguns, &c. being shorter than before is appointed, and to breake and destroy the same within 20 dayes after such seisure, upon paine of forty shillings for every gunne so seized and not broken,

No person vnlesse he have an hundred pound per annum (as aforesaid) shall carry or have in his journey, in the King his high way, any cross­bow bent, or gun charged, except it be in time and service of war, upon paine of ten pound,

None shall shoot in any handgun &c. at any thing at large, in any citie, borough, or market towne, or within a quarter of a mile of any of them (unlesse at a butt or bank of earth, in place convenient, or for defence of his person, or house) upon pain of ten pound for every shoot.

If any master command his servant to shoot in any crossebow, handgun, &c. at any deere, fowle, or other thing, except it be at a banke or butt of earth, or in the time of war, he shall for­feit 10. pound.

But some persons for exercise, and some pla­ces for defence, and other purposes, are dispen­sed with by the Statute for useing and keeping of handguns &c.

Stewards and Bay liffes of Leets have po­wer to enquire, heare, and determine all the offences, so that no lesse than ten pound fine, be assessed upon every presentment and con­viction.

The one moietie of every fine to be paid and levied to the use of the King, and the one halfe of the other moietie to the Lord of the Leet, and the other half to the partie that will sue for it by action, &c.

A second Iury to enquire of the conceale­ments of the first, and if any concealements bee presented, every of the first Iury to forfeit twenty shillings, one moietie to the Lord by distresse or action of debt, the other to the partie that will sue, &c.

Fry of Fish.

THe preamble of this Statute sets forth the destruction of spawne, [...] Eliz 18. Made perpetu­all 3 Car. Reg. c. 4. except the proviso for the River of Tweed &c. fry, and young breed of fish in rivers and streams, salt and fresh, insomuch as in divers places swine and dogs were fed therewith, to the hinderance and decay of the common wealth.

It was therefore enacted, that none should take and destroy any young brood or fly of fish, in any waters, brookes, streames, or rivers, salt or fresh, with any manner of net, or any wayes or meanes whatsoever, nor take or kill any Sal­mons or Trowts out of season, being kepper or shedder Salmons or Trowts.

None shall take in any rivers or places afore­said any Pickorell, not being in length 10 inches [Page 147]fish or more, Salmon 16. inches fish and more, Trowte 12. inches or more, Baitell 12. inches or more.

None shall take any fish with any manner of net, trannell, or any other engin or device (ang­ling excepted) but only with net, or tran [...]ell, whereof every mesh shall be two inches and half in breadth.

But where smelts, loches, mynnetts, bulhead, gudgions and eles have used to bee taken, it shall be lawfull to use any such nets and meanes, as had beene thentofore used for that purpose, so as no other fish be taken, killed or destroyed therewith.

The forfeiture for every time is 20. shillings, the fish taken, and the nets, trannels, &c, to be to the use of the Lord of the Leet for ever, and to be levied, as amerciaments for affraies in Leets have used to be.

Steward of Leets to give these offences in charge, or else to forfeit 40. shillings, and he may impannell a second Iurie, to enquire of the concealments of the first Iury, and it any concealements bee found, every of the first Iury shall forfeit to the Lord of the Leet 20 shillings, to be levied as before.

This Statute is perpetuated 3. Car. 4. except the proviso for the River of Tweed, &c.

Phesants and Partridges.

THis Statute was made to prevent the destru­ction of the game of Phesants and Partrid­ges,3 Eliz. 10.2 by taking of them by day and night with nets and other engins.

As also the spoile of corne and grasse, by un­timely hawking, in the beginning of harvest.

None therefore shall take, kill, or destroy any Phesants, or Partridges, with any nets, engins, or other devices whatsoever in the night time, upon pain of forfeiture for every Phesant twenty shillings, every Partridge ten shillings, to be paid within twenty dayes after conviction.

Or upon nonpayment, to have one moneths imprisonment, and to be bound by some Iustice of peace for two yeares, never to destroy any such game, contrary to this Act.

The moietie of the penaltie to be to the Lord of the libertie, and the other halfe to him that will sue, &c. and if the Lord shall dispence with licence, or procure any such taking or killing, &c. then such penalties to bee to the poore of the parish, to be levied and recove­red by the Churchwardens or any of them.

None shall Hawk or Hunt with Spaniels in a­ny ground where Corne or other graine shall then grow (except his own ground) when any eared or codded corne, or graine is standing, be­fore [Page 149]it shall be shocked, cocked, hiled or copped, upon paine of 40. shillings to the party grieved, unlesse he consent to it, to be levied and recove­red in manner aforesaid.

Stewards of Leets have power to heare and determine all offences contrary to this Act. This Statute is inlarged 1 Iac. 27. and 7. Iac. 11.

Tracing of Hares.

FOr preserving the game of hunting of Hares which was used and exercised by the King and other noble men.14 Hen. 8.10.

It was provided, that none should trace, destroy and kill any Hare in the snow, with any Dog, Bitch, or otherwise, upon paine to forfeit to the Lord of the Leet for every Hare, six shillings eight pence, after inquisition thereof found by the Steward.

This Statute is much inlarged 1 Iac. 27.

Breaking the head of any Pond.

IF any by day or night shall breake or de­stroy the head or damme of any pond, poole,5 Eliz 21. mote stagnes, stewes or severall pits, within which the Lord of the Leet hath fish, to the in­tent to destroy, steale, and take away the said fish, shall pay treble dammages to the Lord, suffer [Page 150]imprisonment three moneths, and to finde sure­ties for the good abearing for seven yeares.

Hunting of Deere.

IF any shall chase out, hunt, or kill any deere, out of any Parke or inclosed ground, kept for st [...]ing and ch [...]rishing of Deere by the Lord of the libertie, or doe take any Hawkes out of the Lords woods or grounds, shall incurre the same penaltie.

The Statute is generall, extending to the Ponds, Parkes, or inclosed grounds, &c. of all persons, and giveth no power expresly to the Leet to enquire of it. But M. Kitchin doth direct the inquirie of it, Quatenus, it doth concerne the Lord of the Leet.

Greyhounds, &c.

TO prevent unlawfull hunting by artificers, labourers, servants, and groomes with Greyhounds and other Dogs, [...] It is ordained, That none such or any other layman, not hav­ing lands, to the value of forty shillings per an­num, Nor any Priest or Clark, not having lands to the value of 10. pound a yeare, shall keepe any Greyhound, or other dog to hunt.

Nor shall use any Ferrets, heyes or other en­gins, to take or destroy any Deere, Hares, nor [Page 151]conies nor other Gentlemens game, upon pain of one years imprisonment.

The first part hereof is mentioned by M. Fitz­harbert in his charge of a Court Leet, fo. 86. And because there is no power given by this Statute to inquire here of, it is conceived, that it was here inquirable as a popular trespasse or offence at the Common law before this Statute. Ideo quaere.

These Lawes last before cited, are for refor­mation of abuses in Hunting, Hawking, and Fish­ing, which M. Lynwood in his division of Me­chanick arts, doth set forth in his fifth sort cal­led Ars Venationis, for though the game be Re­gall and noble, and prohibited to mean persons, yet the instruments, provision and engins inci­dent and belonging to Hunting, Hawking, and Fishing, must passe through the hands of Me­chanick persons.

Cottages and Inmates.

NOne shall build or erect any manner of Cottage for habitation,31 Eliz. 7. unlesse he assign unto it, foure acres of ground at the least, to bee accounted according to the ordi­nance De terris mensurandis, of his owne free­hold, and inheritance, lying neare the said cot­tage to be continually occupied therewith, so long as the Cottage shall be inhabited, under paine of ten pound for every offence.

None shall willingly uphold and continue such a Cottage, under paine for every moneth 40. shillings.

None shall place or willingly suffer any In­mates, or more families or housholds than one, in any cottage made, or to be made, upon paine to forfeit to the Lord of the Leet for every moneth ten shillings.

But Cottages in Cities, Boroughs, and mar­ket townes, or for convenient habitation for workemen within a mile of any minerall [Page 153]workes, Colemynes, Quarries, &c. are not with­in this Statute.

Musters

FOr remedie of abuses in musters and the hin­drances of due service in warres, It is enacted,4 & 5 Phil. [...] Ma. 3. That if any person shall refuse to come unto publike musters, and absent himselfe with­out any lawfull impediment or appearing, doe not bring with him his best furniture or array and a mour, shall for every such offence, have 10. dayes imprisonment, unlesse he pay a fyne to the King of forty shillings, to be estreated in the Exchequer.

If any Muster-Master or Commander, shall by any meanes exact or take any reward for spa­ring, or discharging any person from his service in the warres.

Or if any Captaine, or other having charge of men for service in the warre, shall for any lu­cre or gaine discharge or licence any souldier to depart out of service.

Or shall not pay unto him his full and whole wages, Conduct, and coat money within 10. dayes after such Captain or leader shall have re­ceived the same,

He shall forfeit ten times the value of the re­ward received,

And pay to every Souldier trebble the summe withholden.

Horses not sufficient in length.

THe generation and breed of good and strong Horses,32 H. 8.13. doe extend not only to a great h [...]lpe for defence of this kingdome, but is a great commoditie to the inhabitants. And the efore it is provided, that no commoner in a­ny Foriest, Chase, More, or Common whatso­ever, shall have or put to pasture into such ground or Common any stoned Horse, above the age of two yeares, not being fifteene handfuls high, to be measured from the lowest part of the fore foot to the highest part of the withers, every handfull foure inches of the standard, upon pain to forfeit such horse or horses.

And i [...] shall be lawfull to any person to seize such horse, and to bring him to the next pound, and to measure him in the presence of three ho­nest men, to be appointed by the Constable, Te­thingman, or other Officer, And if he bee not of that altitude, to challenge and retaine the same to his owne use, as his owne proper goods for ever.

The penaltie of every Officer or other per­sons, appointed to measure any such horse, ei­ther refusing to doe i [...], or not truly measuring, is to pay for every time so refusing forty shillings.

The one moietie to the King, the other to the pa [...]ty that will sue for the same by bill, &c.

That the Forrests, Chases, Commons and grounds shall be yearely driven at Michaelmas, or within 15. dayes after, by the Lords, owners, or officers thereof, and by the Constables, Bai­lies, Tethingmen &c. within whose limits, the Commons and grounds are, upon paine of forty shillings to be forfeited by every officer, at every time that the said drift shall bee omitted, or not effectually done.

And if in any of the drifts there shall be found any Mare, Filly, Fole, or Gelding, that then shall be thought not able nor like to grow able to beare foles of reasonable stature, nor to doe profitable labours, by the discretion of the more number of the said drivers, then the same shall bee killed and buried, or otherwise be­stowed.

Stewards of Leets to enquire of all defaults and to certifie the presentments unto the next quarter Sessions, or to the Custos Rotul. of the Countie, within 40 dayes after such present­ment made, to be heard and determined by them, or else

The Steward to forfeit 40 shillings.

Horses infect.

NOne shall have or put to pasture, any Horse Gelding or Mare, infect with scab or mange into or upon any Commons or common fields, upon paine to forfeit to the Lord of the [Page 156]Leet for every such Horse, &c. so infect, ten shillings.

This offence to bee inquired and presented in the Leet as other common annoyances.

Nota, this Statute in the most and fortilest shires of the Kingdome, doth limit 15 hand­fuls, and in the rest but 14.

And by the 21. Iac. ca. 28. in fine. This Sta­for the breed and stature of Horses, and kil­ling of Fillies &c. shall not extend to Corn­wall.

The life and spirit of all law doth consist and de­pend upon the due execution of it.

For which purpose there must be fit places and instruments of custodie, and correction for offenders, and an upright care and inte­grity in officers, for performance of their duties.

Pillorie, &c.

EVery one who hath view of Frankpledge, or the precincts and liberties of a Leet, ought to have a Pillorie, and a Tumbrell, whereby to do justice, and every Tything ought to have a Stocks, as well for the keeping and safe detaining of offenders, untill they bee brought before Iu­stices of peace or other Magistrates, as also for the castigation of malefactors and disordered persons, as Drunkards and others, or else five pound forfeited.

The often cited ancient Law of 51. Hen. 3. doth injoyne an inquirie, if any Steward or Bay liffe for any reward, shall remit the judge­ment of the Pillorie or Tumbrell, and si habe­ant in villa pillorium debitae fortitudinis, &c. a Pillorie of convenient strength, as appertaineth to the libertie of their marker, which they may use (if need be) without bodily perill, either of man or woman.

Constables, Ale-conners, &c.

IF any Constable, Aleconner, Bay liffe or any other officers within the libertie, doe not well and duely execute their offices, according to their severall oathes and duties.

Purveyer.

IF any Purveyer shall make any purveyance for the Kings house of any thing to the value of forty shallings or under,20 H. 6. ca. 8. and not make readie payment to the party, It shall be lawfull to the owners to retaine their goods, and to resist such Purveyers.

That every Constable, T [...]thiugman, or chief pledge of every Towne, being required, shall be assistant to such owner or seller, upon paine to yeeld unto the party grieved the value of the things and double d [...]mmages 20. Her. 6. ca. 8.

Huy and Cry.

TO abate the power of Felons, it was com­manded that Cryes shall be solemnly made in all Counties, Hundreds, markets, faires and o­ther places of great resort, and that immediately upon robberies and felonies committed, fresh suite be made, from Towne to Towne, and from Countrey to Countrey, according to the Sta­tute of Winton. 13. Edw. 1. ca. 1.

In this service the Constables and Tethingmen have speciall interest, and their contempt or negligence here inquirable.

Outcries made without cause.

BVt if any Huy and Cry be levied, or any out­cry made without any ground or cause, to the disturbance of the Countrey, and the peace of the people, inquirable.

Watch and ward.

ALso the Constables ought to see, that the peace be kept, and watch and ward obser­ved from Assension day till Michaelmas, conti­nually all night, from the Sun setting, till the Sun rising, according to the number of the in­habitants of the towne 13 Ed. 1. c. 4.

And that search be duely made every moneth for unlawfull games.

That the Statutes made against haunters of Alehouses and Drunkards, bee duely put in exe­cution.

If the Constables have beene remisse and de­linquent in these or any other things, touching any part or branch of his oath and office, It is presentable.

All Officers Defaults.

ANd so all other Officers whatsoever, which owe any suite and service to this ancient Court, as Tethingmen or chiefe pledges, Sur­veyers of highwayes, Searchers and Sealers of Leather and such others, according to the Cu­stomes and Iurisdictions of severall Courts.

The profit of the King or Lord of the Leet.

CErtum Letae. In most Leets there is a duety or common fine, called in some place Cer­tum Letae, payable to the Lord. The reason and Commencement of it is before declared. If that or any custome, or du [...]tie be withdrawn, it is presentable.

Mortmaine.

TO preserve the services, due of the Fees and tenures of Lands,7 Ed. 1. which at the beginning were provided for the defence of the Realme, and to prevent the losse of the escheats of the same, It is ordained, that no person, religious or other, shall presume to buy or sell any lands or Tenements, Or by colour of any gift, or terme, or by reason of any other title whatsoever, or by any craft or engin appropre to himselfe any lands or Tenements, whereby it may in any wise come into Mortmaine, If any doe offend it shall be lawfull to the King, and other chiefe Lords of the fee, immediate, to enter into the Land so aliened, within a yeare, from the time of such alienation, and to hold it in fee and as in­heritance, and if the chiefe Lord immediate be negligent, then the next chiefe Lord may en­ter within halfe a yeare after, &c.

Treasure Trove.

IF there bee any Treasur-trove, viz. treasure put into the earth, and no man knowes who hath hidden it, it belongs either to the King or the Lord, according to the ancient rule of the Law.

Thesaurus inventus competit Domino Regi, et non Domino libertatis, nisi per verba specialia in [Page 161]facto libertatis contenta, vel per praescriptionem, antiquitus fuit inventoris, de jure naturali, nunc de jure gentium efficitur Domini Regis.

Estreyes.

ALL Estreyes are here inquirable, that is, If there be any Horses, Piggs, Hogs, Cattell or Swans, which have come within the Lord­ship, and beene there a yeare and a day, and not claimed, the Lord may have them by prescri­ption.

But such beast ought first to be impounded, in an open pound, proclaimed in three Market townes next adjoyning, and then if none claime them, they shall be seised, and ought to bee put into some severall land, and not into any covert or wood, where the owner cannot finde them.

For if they be in covert, the propertie is not altered, though they be there a yeare and a day.

Wayfes.

CAtalla Waviata, when a theefe upon huy and cry, and pursuite after him, or else for ease of himselfe without huy and cry, doth wave or de­relinquish (therefore called by the Civilians, bo­naderelicta) the goods feloniously stoine by him, or any part thereof, and slyeth away, the King or the Lord is to have it, unlesse the owner of [Page 162]them doe make fresh suite after the Felon to at­taint him for tho [...] goods, which if he doth, hee shall have his goods againe, notwithstanding the wayving and seizing.

[...]ot note if Goods be stoine and wayved, yet the owner may rescise them 20 yeares after, if they were not formerly seised by an officer of the King or the Lord of the liberty.

Fugam fecit.

IF any upon Indictment of murder before the Coroner be found quod sugam fecit, or if any be indicted of Felonic and acquitted, and found that he sled, he forfeits his goods to the King, and the Lord may claime them by Charter, but not by prescription.

The old law, Si quis post fugam redierit & inno centiam suam purgaverit, nihilominus facultates suae ap [...]d fiscum remanebunt.

Exigent.

IF Exigent bee awarded against one Indicted in Felony, he forfeiteth his goods, though he be after acquitted of the Felonie, the King shall have his goods, and the Lord by Charter, but not prescription.

Outlawes.

ALL persons outlawed in trespasse, debt, or other personall actions, doe forfeit their goods to the King, and the Lord may have them by Charter.

Cleri Convicti.

ALL Clerks convict, men that have the be­nefit of their Clergie, and doe undergo the burning in the hand (called by the common law Cauterization) doe forfeit their goods notwith­standing.

By-Lawes.

ANy By-lawes for the common weale may be made in a Leer, and are good and will lye against those that do not consent, as to make Cawseyes, Highwayes, Bridges, and such like, 44 Ed. 3. so. 19. But a By-law to repair a Church, binds none but such as do assent, vid. Co. 5. f. 63.

A Leer may make by-lawes, the Lord by prescription may distreyne for the Amercia­ments, and sell the distresse: For the King may so doe, and the Leet is the Kings, although the Lord hath the profits. Brooke Leet 34. Prescri­ption 40.