THE Compleat Justice. BEING An exact and Compendious Collection out of such as have treated of the Office of Justices of the Peace, but principally out of Mr. Lambert, Mr. Crompton and Mr. Dalton. Now amplified and purged from sundry Errors which were in former Impressions thereof. Whereunto are added The Resolutions of the Judges of Assises in the year 1633. Together with A Compendious Charge to be given at the Quarter-Sessions, not in print till this year 1661.

Legis Praemio, aut poena, vita moderatur Hu­mana. Isidor. lib. 5. Etymolog.

LONDON, Printed, Anno Domini, 1661.

To the Reader.

Courteous Reader.

THE great Antiqui­ty of Justices of Peace in this Na­tion speaks not one­ly the manifest Ʋtility, but also the necessity of that weighty office, which hath been established and enlarged by the grave wisdome of our Ancestors by many suc­ceeding Acts and Ordinances of Parliament, as you may perceive by the perusal of this insuing En­chiridion, and although in the [Page] former Impressions thereof, the Reader hath been much injured by corrupt Editions, yet in this present Tract you may be securely confident of very few or no Errors at all, in regard it hath been revised with mature, and elabo­rate diligence, and therefore now no such cause of discouragement for the buying of this beneficial Collection as formerly; you shall find in it also much new matter added, concerning the said Office.

THE TABLE.

 Fol.
A. 
ABjuration1
Absolve, vid Trea­son326
Accessary & Principal1
Acquital, vide Endite­ments73
Additions5
Affray & Affrayers7
Agnus Dei, Crosses, beads,8
Alehouses9
Alias dictus, v. En­ditements73
Alien and his Trial, vide Trial332
Allegeance, vide Supre­macy300
Amercements13
Appearance14
Appeachment, vide Ap­provers15
Apparel. Appeal15
Apprentices.15
Approvers17
Archery18
Armour18
Arresti20
Arraignmment21
Artificers, vide Labou­rers158
Assault, vide Breach of the peace33
Assembly, vide unlaw­ful Assembly338
Assise of Bread and Beer23
Attainder23
Await lying, vide Way-laying342
Averment24
B. 
BAdgers and Dro­vers24
Bailment25
Bailifs29
Bakers, vide Assise of bread23
Barettor30
Bargain and Sale, v. In­rolment148
Bark of trees, v. Lea­ther170
Bastard30
Battery lawfull, vide Riot254
Bath and Buxton, vide License176
Bawdery32
Beads, vide Agnus Dei8
Bearwards, vide Li­cence32
Beer and Beer brewers, vide Victuallers335
Beggers, vide Rogues269
and poor people213
Blockwood, vide Log­wood177
Bloodshed33
Bowyers, vide Archery18
Bonds, vide Recogni­zances33
Brass and Pewterib.
Breach of the Peace or good behaviour33
Bridges35
Buckstall37
Buggeryib.
Bull from Rome, vide Treason326
Burglary37
Burning of houses40
Butchersib.
Butter and Cheese, vide victuals42
Buts41
Buying and Selling, v. Cattel42
C 
CAlves and kine41
Captains42
Castle, vide Felony90
Cattel42
Certificateib.
Certiorari44
Challenge46
Chance-medly, vide Ho­micide129
Chastisement, vide house of Correction138
Church & Churchyard46
Churchwardens47
Clark of the Peace48
Clark of the Market50
Clark of a Iustice, vide Fees86
Clark of the Crown vide Certificate42
Clergy and Sanctuary50
Cloth54
Commission of the peace56
Commons58
Common Prayer59
Concealment, v. Jurors149
Confession59
Conjuration60
Conservers of the Peace60
Constables60
Conventicles62
Conies, vide Hunting139
Corn62
Cutters and carriers a­way of corn. v. Hedge breakers125
Coroners63
Cottagesib.
County64
Cozeners65
Crosses, vide Agnus Dei8
Cross-bows, and Hand­guns65
Curriers, vide Leather170
Customer, v. Corn62
Custos Rotulorum67
Cutpurse68
Cutting out of tongues68
Cutting of a Pond-headib.
D. 
DEer and Deer, haies68
Demurrerib.
Deputyib.
Divine Serviceib.
Doggs, v. Hunting.139
and Partridges203
Drovers, v. Cattel42
Dier, v. Cloth54
Drunkenness70
E. 
ECclesiastical persons71
Eggs of wild-fowlib.
Egyptians72
Embezelling of records, vide Records236
Embracer, vide Main­tainers178
Enditements73
Enquiry7 [...]
Enquiry of a Forcible entry, vide Forcible entry100
Enquiry by presentment, v. Presentment220
Enquir by Examinati­on, v. Examination82
Enquiry by Informati­on, vide Information146
Escapes79
Escheators81
Eves droppers81
Evidence81
Estreats82
Examination82
Extolling forein power, vide Treason326
Extortion84
F 
FAirs and Markets86
False imprisonment, vide Arrest20
False tokens, vide Co­zeners65
Fees86
Felo de se89
Felony90
Felony of his own goods, vide Theft311
Ferrets, vide Hunting139
Fewel96
Fines96
Fines of Rioters, vide Riot254
Fines of Brewer, Baker, vide Assise of Bread23
Fish98
Fish days99
Flax100
Flesh, vide Fish-days99
Force100
Forfeitures of a Recog­nizance taken for the Peace114
Forein Power, vide treason326
Forein Plea115
Forrester116
Forestalling and Fore­staller116
Fowlers and Fowling116
G 
GAmes vide unlaw­ful games337
Gaol, Gaoler117
Glass-men119
Goldsmithibid.
Good abearingibid.
Guns and Gunners122
H 
HAres123
Harness124
Hart proclaimed, vide Deeribid.
Harvest timeibid
Hawks & Hawkingib.
Hay and Oats125
Hedge breakeribid
High ways126
Homicide129
Horses and Mares135
Horsebread136
Hospital337
Hospitality, v. Religious houses348
House137
House of Correction138
Hunting139
Hundred142
Hue and Cry143
I. 
JEsuites and Semina­ries145
Imprisonment, v. Prison. 
Indictments, v. End te­ments73
Information146
Informers and Promo­ters147
Ingrossersib.
Inne holders148
Inmates. v. Cottages63
Inrolement148
Issuesibid.
Iudgement149
Iuglers, v. Rogues269
Iurors149
Iustices of Peace152
L. 
LAbourers and Ser­vants158
Larceny164
Leather170
Leets175
Lent. v. fish daies99
Liberties and Franchises175
Libellers176
Licencesib.
Linnen cloth177
Lying in a way, vide Way-laying342
Logwood177
Longbows178
M. 
MAsons178
Mainprise, vide Bailment26
Maintainers and Em­bracers178
Malt180
Manslaughter, v. Ho­micide129
Mariners181
Market overt182
Marriage183
Massibid.
Master, vide Labou­rers158
Measure, vide Weights350
Messages fasle184
Milch kine, v. Calves41
Minstrels, v. Rogues269
Misprision184
Misprision of treasonib.
Misprision of felony186
Mitigation of finesib.
Mittimusib.
Monasteries, v. Religi­ous houses248
Mortuaries187
Mutiplication of gold, &c.188
Murderib.
Musters192
N. 
NAme192
Nets, v. Hunting,139.
& Partridges203
News192
Next Iustice197
Noble Personagesib.
Night walkers, v. Wat­ches347
Non sanae memoriae194
Nusansib.
O. 
OBedience to the King194
Officii colore195
Ordinaryib.
Oath196
Orchards, vide Hedge-breakers125
Overseers of the Poor198
P. 
PAnel, v. Iurors149
Pardon200
Park and Parker202
Parson and Vicar, v. Ec­clesiastical person71
Partridges & Pheasants207
Peace216
Peer, v. Noble Personages197
Pedlers, v. Rogues269
Perjury207
Pety treason208
Pewter, v. Brass33
Physician209
Pictures, v. Agnus Dei8
Playes and Players, v. Rogues269
v. unlawful Games337
Plague210
Plaints in Court211
Pond and Pond head, v. Fish98
Prisoning, vide Murder188
Pope212
Popish books213
Poor peopleibid.
Possession actual and in law216
Power of the County217
Preacher218
Precept, vide. Warrant342
Praemunire218
Presentment220
Priests, v. Iesuites145
Principal, v. Accessary1
Prison222
Prisoners223
Privy Sessions, v. Sessi­ons.280
Process225
Proclamation228
Promoters, v. Informers.147
Prophesying228
Purveyors229
Putting out of eyes231
Q 
QƲarter-Sessions, v. Sessions380
R 
RApe or Ravishment232
Rates, v. Taxations210
Recognizances233
Reconciliation, v. Trea­son.326
Records236
Recusants237
Regrator246
Release247
Religious houses248
Replevin, v. Bailment25
Rescous of a felon249
Restitution of Possessionibid.
Restitution of stoln goods253
Return254
Riotsibid
Rivers266
Robberyibid.
Robbing an house269
Roguesibid.
Rome, vide Pope212
Rout277
S 
SAcriledge277
Sacraments288
Salmons, vide Fish98
Salt-peter-men278
School-master279
Seditious Sectariesibid.
Sermon, v. Preaching218
Servants, v. Labourers158
and Apprentices15
Servingmen, v. Testimo­nial311
Sessions of the Peace280
Sewers283
Sheep284
Sheriffibid,
Shoos288
Shootingibid.
Sope, v Vessels334
Souldiers288
Starchamber293
Stoln goodsibid.
Stewards of Courts294
Stock of the Shireibid.
Subsidy295
Suggestion, v. Informa­tion146
Summons of the Sessi­ons, v. Sessions280
Sunday295
Supersedeas297
Supplicavit300
Supremacyib.
Surety of the Peace.ib.
Suspicion and suspects of felony308
Swans309
Swearingib.
T. 
TAxations310
Tale-bearers, vide News 
Tanners, v. Leather170
Tavern-keeper310
Testimonial311
Theftib.
Threatning319
Tile-making320
Tiplingib.
Tithes321
Toll322
Transportation323
Traverse324
Travelling beyond Sea325
Travellers326
Treasonib.
Trespass, vide Hedge­breakers125
Trial332
V. 
VAgabonds, v. Ro­gues269
Venire facias333
Vessels334
Victuals and Victuallers335
Ʋndersheriffib.
Ʋnlawful games337
Ʋnlawful assemblies338
Ʋsury339
Ʋtlawryib.
W. 
WAges340
Wainlings341
Wait-lying342
Warrantsib.
Warreners, v. Forrester116
Watches347
Watermen348
Wax349
Weersib.
Weights & Measures350
Witchcraft351
Wines352
Woadib.
Woodib.
Wool & Woolseller353
Woollen yarnib.
Women354
Resolutions of the Judges of Assises.355
A Compendious Charge to be given at the Quarter-Sessions.384

Abjuration.

‘THe abjuration of a seditious Sectary, ought to be made in open quarter Sessions of the Peace, & there to be entred of Record in the Rolls of the Sessions by the Clark of the Peace 35 El. cap. 1. & 2. Lam. 615.’

Abjuration of a seditious Sectary made in open Qu. Sessions must be certified to the Ju­stices of Assise at the next Assises, 95 El. c. 1. Lam. 590.

Justices of Peace cannot arraign a man upon his abjuration for felony, Lam. 551.

Vide plus. Recusants.

Absolve, Vide Treason.

.

Accessary and Principal.

Who shall be an accessary before the fact.

1. Abbettor, Procurer, or consenter to a felony, Dal. 292, 293. Cro. 41. a. nu. 1. Lam. 286, 287, 288. Stamf. 44. a.

2. Commander of an evil act is accessary to the felony proceeding thereof, as if death proceed of beating or robbing, Lam. 286. Dal. 293. Cro. 43. a. nu. 34.

3. Commander of one felony, whereby a­nother ensueth, is accessary to the second: as, A. commandeth B. to fire the house of C. and thereby many are fired, Lam. 286, 287. Cro. 43. b. nu. 36.

4. Commander of a felony, though it be executed in another fashion, time and place, or manner then was commanded, Lam. 286, 287. Cro. 42. a. nu. 14. Dal. 293.

‘5. When a Statute ordaineth an act to be treason or felony, which was not so at the common law, and saith not, that the abett [...]rs, aiders, comforters, or consenters shall be fe­lons, yet it shall be felony in them, Dal. 292, 297. Lam. 285.’

Who not.

The felony commanded is executed on a­nother person, the commander is not accessa­ry, Lam, 287, 288.

The commanded performing more then was commanded, committeth felony, the command is not accessary, Lam. 287.

The commander of one felony to be done to a man, is not accessary to another kind of felony committed against the said party: as, one counselled to poison A. giveth it to A. and B. the counseller is not ac­cessary to the murder of B. Lamb. 287, 288.

‘Commander or counseller to a fact coun­termandeth it before it be done, Lam. 289. Dal. 293. Cro. 42. a, nu. 16.’

The knower of a felony without consen­ting, Lamb. 280. But such concealment is fineable, Cro. 41▪ b. nu. [...]. Dal. 294.

One not party not privy who is present at a felony, and doth not disturb it, nor pursue the felon, is fineable, Lam. 289. Dal. 292.

Accessary after the fact.

Receiver of a felon, knowing him to be one, and suffering him to escape, whether before or after attainder, Crom. 41. a. nu. 1. Dalt. 294.

Receiver or comforter of a felon with an evil intent. Lam. 289. Dal. 294.

Arrester of a felon by hue and cry taketh the goods and letteth him go, Lam. 290.

One pursuing a felon for his own goods, taketh money of him not to give evi­dence against him, whereby he is freed, Lam. 290.

Receiver or comforter of an accessary, knowing thereof, Lam. 291. Dal. 297.

Receiver of ones brother, knowing him to be a felon, Lam. 291. Dal. 295,

Receiver of an approver, or one attainted or outlawed of felony, knowing thereof, Lam. 293.

To harbour a felon attainted in the same County, Cro. 43. a. nu. 31. Dal. 294.

But Lamb. 293. holdeth it reasonable that he first have knowledge of such a record.

Receiver of stolen goods, knowing them to be stollen, Cro. 41. b. nu. 3. many authori­ties remembred: but 42. a. nu. 17. he saith, that he must receive the felon also. V [...]de Cro. &c. Vide Crom. 42. b. nu. 23. & 43. b. nu. 37. Dal. 295.

Who not.

Asutor by word or writing for the dili­verance of a felon, knowing thereof, Lamb. 289, 290. Dal. 294.

Pursuer of a felon for his own goods, ta­keth them again, and letteth him go, Lamb. 290. Dal. 296.

Reliever or receiver of one bailed for felo­ny, Lam. 290. Cro. 42. b. nu. 25 Dal. 294.

Buyer of stollen goods, knowing thereof, Lam. 291. unless he receive the felon, Crom. 42. a. nu. 17. Dal. 295.

The wise receiving the husband, knowing him to be a felon, Lam. 291, 292. Dal. 295.

Receiver of the striker of the stroke, after the stroke, and before the death, Lam. 292.

After acquital as principal, one may be ar­raigned as accessary after the fact, but not before the fact, Lamb, 292, 557. Crom. 42. b. nu. 18.

One may be accessary to an accessary: as, if one feloniously receive or comfort an ac­cessary, Dalt. 297. Lamb. 291. Cro. 42. b. nu. 24.

Who shall be said a Principal.

Those of the society of a felon, and pre­sent at the fact, though not actors, Stamf▪ 40. a. Cro. 22. a. nu. 10, 15. Dal. 291.

An abetter, procurer, or receiver of a wo­man, knowing her to be taken away contrary to the Statute, 3 H. 7. cap. 2. Lamb. 285.

Accessary in one County to a felony done in another County, may be indicted where [Page 5] he becometh accessary, 2 & 3 Ed. 6. cap. 24. Dal. 297.

It is no good indictment against an acces­sary, to say, that he received the goods, without saying he received the felon, Lamb. 500. 291.

Acquital, vide Enditements.

Additions.

In every indictment or presentment where outlawry lieth, the estate of degree or myste­ry, the county, town, hamlet, or place where the indicted dwelleth, are to be added, 1 H. 5. c. 5. Lam. 488.

What shall be a good addition of degree or estate.

Duke, Marquess, Earl, Vicount, Archbi­shop, Bishop, Baron, Knight, Serjeant at law, Esquire, Gentleman, Alderman, Widow, sin­gle Woman, Dean, Arch-deacon, Parson, Doctor, Clark, Parish-clark, Lam. 488, 489, 490.

What not.

Such as are common to many degrees, as to Gentlemen and Yeomen, are uncertain, as Farmer, Servant, Butler, Chamberlain, Lam. 489. Cro. 109. a. 6. nu. 8.

What shall be a good addition of mystery.

Chopchurch, Merchant, Gro [...]er, Mercer, [Page 6] Tailor, Broker, Husbandman, Hostle [...] ▪ Lighter-man, Waterman, Labourer, La [...] 489.

What not.

That which is no mystery nor degree, [...] Citizen; nor any unlawful trade, as Extor­tioner, Maintainour, Vagabond, Heretick, Dicer, Carder, &c. Lam. 489.

Addition of degree or mystery must be as the party then is. But addition of the place may be such whereof he was, Lam. 489, 490. Additions Br. 41.

Addition of degree and mystery must be knit to the proper person, Lam. 489.

The Statute of the 1 H. 5. cap. 5. of additi­ons, doth not extend to informations, Lamb. 510.

What shall be a good addition of Place.

Either of the Town or Parish, if they be both of one name, Lam. 490.

Of the Town onely, where there be two Towns in one Parish, Lamb. 490.

Either of the Town or Hamlet, if there be two Hamlets in one Town, Lam. 490.

Of the Town, if the person be of a place known within the Town, Lam. ibid.

Addition must comprehend the County, Town, or Hamlet, whereof the party is or was, Lam. ibid.

What not.

Of the place where he is Parson, without [Page 7] [...]ming the place of his aboade, Lamb. ibid.

Affray and Affrayers.

An Affray may be without word or blow: [...]s, to be armed with armour or weapon not [...]sually born, Lam. 126.

‘It is no affray properly unless there be some weapon drawn, or stroke given, or offered to be given; or some such attempt, Dal. 34.’

Constable or other Officer may lay no hands on any intending to make an affray, till weapon drawn or offer of blow, Dal. 34. Lam. 132. Cro. 146. a.

‘An affray is in an house, and the doors are shut, the Constable may break into the house to see the peace kept, Dal. 34.’

‘If the Affrayers flie into another house, in to a Franchise or other County, the Con­stable upon fresh suit may pursue them, but cannot meddle out of the County, but as a private man, Dal. 34.’

Affrayer may be commanded by the Con­stable or other officer to avoid upon pain of imprisonment: And if the affray be great, they may make proclamation, and command the parties to prison for a small time, whom he must deliver without fine, Lamb. 132. Dal. 34.

‘After an affray, a Justice of Peace may commit the offenders till they finde sureties (if the affray were in his presence;) if out of his presence, he may send his Warrant, and commit them till they do finde sureties. Vide Surety of the peace.’

‘If a man be dangerously hurt, and the [Page 8] wound mortal, although the Justic [...] of Pea [...] may bail the offender, yet it is the safest wa [...] to commit him till there appear some hop [...] of recovery, Dal. 35.’

‘If an assault or affray be made upon Justice or Constable, they may defen [...] themselves. The Justice may cause them to be arrested, the Constable may commi [...] them to the Stocks, and after carry them before a Justice of Peace, Dal. 35. Vid [...] Peace.’

‘An affray is in a corporate Town (which hath Justices within it self) while the Sessions be held there: the Justices of Peace shall not meddle there; but it is otherwise at the Assises, Cro. 146. b.’

Every private man present at an affray, as­sault, or battery, may part them, stay them that come to the affray with weapon, stay the affrayers till the heat be over, and then deliver them to the Constable; but may not commit them, unless one of the affrayers be in peril of death. And if he flie into a house, upon Hue and Cry break open the house, and take him, Dal. 33. Lamb. 131. Cro. 146. a. V [...]de plus Constable.

Agnus Dei, Crosses, Beads, &c.

If any person to whom any of these, or a­ny other superstitious things from the See of Rome or authority thereof be offered. do disclose the name, dwelling, or place of re­sort of such offerer or deliverer to any Justice of Peace of the same Shire, the same Justice must within fourteen daies next after declare [Page 9] the same to some one of the privy Councel, [...] pain of Praemunire, 13 El. cap. 2. Dal. 105. [...]e plus Treason, Misprision, and Praemunire.

Alehouses.

Two Justices, one being of the Quorum, [...]ay licence one to keep a common Ale­ [...]ouse, taking bond with good surety for [...]ood rule to be kept in his house, 5 Ed. 6 cap. 25. And an Alehouse-keeper put down by two such, cannot be allowed by any other two but in open Sessions, Dal. 29.

Twelve pence is given to the two Justices of Peace, for taking a recognizance of him that is allowed to keep a Common Alehouse, 5 Ed. 6. cap. 25. Lam. 370. Condition of a re­cognizance for an Alehouse, Lam. 354.

‘He that keepeth an Alehouse of his own authority, without licence of two Justices, one being of the Quorum, or after prohibi­tion of two such Justices, may by two such Justices be committed to prison for three daies without bail, and till he be bound with two sureties to keep none after, Dal. 29. Lam. 354. Vide Stat. 3 Car. 3. which alloweth sel­ling of beer and ale in Fairs (though unli­censed:) As also the punishment of persons unlicensed.’

Information of the offence, and recogni­zance taken by two Justices, one being of the Quorum, of an Alehouse kept against the Statute of 5 Ed. 6. ca. 25. and certified by them to the Sessions, is a sufficient conviction without further trial at the Sessions: and they may assess the fine of 20 shillings with­out [Page 10] making process against the offender, Lam. 572.

Information made in Sessions, that an Alehouse-keeper hath done an act, where­by he hath forfeited his recognizance, they may award process against him, to shew why he should not forfeit his recogni­zance. Quaere what process, Lam. 524, 529.

Enquiry whether Alehouse-keepers have forfeited their recognizance, ought to be at the Quarter-Sessions, 5 Ed. 6. 25.

Fines imposed by the Stat. of 5 Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Justices of Peace 5 Ed. 6. c. 25. Lam. 578.

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

Any directly or indirectly selling Ale or Beer unto any Alehouse-keeper not licensed, more then for his necessary provision for his houshould, shall lose after the rate of 6 shillings 8 pence for every barrel. For the levy and disposal of the penalty, see Victuals 4 Iac. 4.

Alehouse-keeper or Inne keeper suffering any tipling contrary to the 1 Iac. cap. 9. 4 Iac. cap. 5. 7 Iac. cap. 10. 21 Iac. cap. 7. forfeiteth 10 shillings, and every such tipler 3 shillings 4 pence: for not ability of paiment, the Ale­house-keepers, &c. to be committed to the Gaol till the penalty be payed, which penalty is to be paid within 6 daies, or the distress to be sold, 1 Iac. cap. 9. the tipler to the [Page 11] tocks for four hours, 4 Iac. cap. 5. Dalt. 28. Car. 4.

Justice of Peace hath power in those cases [...]o minister an oath to witnesses, wherein [...]ath of one. witness is sufficient, 1 Car. cap. 4. [...] Iac. 9. 21 Iac. 7.

The Constables and Churchwardens neg­ [...]ecting to levie, or to certifie the cause [...]hereof by 20 daies to the Justice that granted the distress, doe forfeit 40 shillings [...]n default thereof to be sent to the Gaol till paiment be made, 1 Iac. cap. 9. Dal. 28. Cro. 78. a.

Alehouse keepers and Inne-keepers ought to lodge travellers. Quaere how he is com­pellable, and see the opinion of Sir Iames Ley chief Justice at Lent Assises, 1622. Dal. 28.

‘No Inne-holder, Alehouse-keeper, or other Victualler shall be compelled to sell victuals to others, or to have lodging, ex­cept the party first pay ready money, Dal. 28. Cok. lib. 9. fol. 87. b. Brook, action surle case 76.’

‘Selling of less then a full Ale-quart of best Beer or Ale for 1 d. and of 2 quarts of small for 1 d. upon oath of one witness, the penalty is 20 shillings, 1 Iac. cap. 9. 4 Iac. c. 5. 21 Iac. cap. 7. Dal. 26.’

‘Any tippling in any Inne, Alehouse, or Victualling-house, wheresoever his habita­tion be, forfeiteth 3 shillings 4 pence, 21 Iac. cap. 7. Dal. 28.’

‘A feme covert keepeth an Alehouse, and selleth Ale, &c. without license, contrary [Page 12] to her husbands will, the husband is punish able, Dal. 30.’

‘The voluntary confession before one Ju­stice of Peace of any offender against the Statute of 1 Iac. cap. 9. or 4 Iac. cap. 5. i [...] sufficient to convince the party offending. And after confession, the oath of the party confessing is proof against any other offen­ding at the same time, Dal. 26. 21 Iac. cap. 7.’

‘Alehouse-keepers are disabled to keep Alehouse for three years after;’

1. If they suffer tipling, Dal. 31.

2. If they sell not a quart of the best, and two quarts of smal Beer or Ale for a peny, Ib [...]d.

3. If they be convicted by Indictment at the Assises, Sessions, or Leet, for being drunk, 4 Iac. cap. 5. or before one Ju­stice upon oath of one witness, 21 Iac. cap. 7.

4. Continue drinking in another Alehouse, 7 Iac. 10. 4 Iac. 5. Dal. 32. Vide plus Victual­lers confession.

In all these cases, if he be licensed again within three years, such license is void, and he to be punished as victualling without li­cence. Dal. 32.

If any unlicensed Alehouse-keepers be convicted by the view of any Justice of the Peace, confession of the offender, or oath of two witnesses, he loseth twenty shillings to the use of the poor of the Parish, to be levied by way of distress by warrant from the Justice of Peace convicting, and with­in three daies to be sold, 3 Car. cap. 3.

Where there is no sufficient distress or non­paiment, within six daies after conviction, the offender is to be openly whipped as the Justice of Peace shall limit, 3 Car. cap. 3.

The Officer refusing or neglecting to exe­cute the Justice his precept, is to be committed to the Goal, until he do or procure the offen­der to be whipped, or pay 40 shillings to the use of the poor of the said Parish 3 Car. c. 3.

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

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

He that is punished by the Act 3 Car. 3. not to be punished by the Statute, 5 Ed 6, cap. 25 & è contr.

Alias dictus, vide Eudictment. Alien and his trial, vide Trial. Allegiance, vide Supremacy.

.

Amerciaments.

The owner of a beast, knowing it to be harmful, and not restraining it, whereby it killeth one, is to be arraigned for his death, and amerced for the King, Lamb. 239. Cro. 24. nu. 45. Dal. 238.

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

Estreats of Amerciaments must be by In­denture between the two Justices appointed for oversight of Sheriffs books, and the She­riff or under Sheriff under their seals, or else the Sheriff to lose 40 shillings, 11 H 7. cap. 15.

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

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

Justices of Peace cannot amerce their fel­low for absence from the Sessions: but a Ju­stice of Assise may amerce a Justice of Peace for his absence from the Goal-delivery, Lam. 385.

Clerk of the Peace, Coronors, Sheriffs, Bailiffs of Franchises, Constables of Hun­dreds, may be amerced for default of ap­pearance at Sessions, Lam. 395.

Amerciaments of Jurors for concealment. Vide Jurors, Lam. 400, 401. 3 H 7. cap. 1.

Appearance.

Recognizance taken for the Peace against all the Kings people, and to appear at the next Sessions by Supersedeas out of the Chancery, testifying surety found there a­gainst all the Kings people for ever, will dis­charge the appearance of the next Quarter Sessions. Otherwise it is, if it be but untill a day certain, Lam. 112. Dal. 173.

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

Appeachment, vide Approvers.

.

Appeal.

Justices of Peace can take no appeal of any felony, Lam. 550. Stamf. 65. a. quaere tamen. Appeal of robbery, vide Attainder.

Apprentices.

One thought fit to be bound as an Appren­tice upon complaint made, and refusing to be bound, shall be committed till he will be bound, 5 El. 4. Dal. 78.

Upon complaint of an Apprentice, one Ju­stice may take order betwixt his master and him, and for want of conformity in the ma­ster, may bind him to appear at the Quarter Sessions, Dal. 78. and to be discharged by four Justices. If default be in the [...]pprentice, it seemeth one Justice may send him to the house of Correction, Dal. 78.

Assent of two Justices is sufficient to the Churchwardens or Overseers, or the most of them, to bind as apprentices the sons of poor parents, not able to keep and maintain them, till 24 years of age, or their daughters till 21 years of age, 39 El. ca. 3. 43 El. ca. 2 Dal. 83. Lam. 331. 21 Jac. c. 28. continued by 1 Jac. c. 25.

Disposition of money given for putting forth apprentices, and the nomination and placing of them must be by the Corporation, and in Towns not corporate by the Parson or Vicar, Cunstable, Church-warden, and Overseers for the time being, or most part of them, the same to be according to the will [Page 16] of the Giver: And any of the disposers for­bearing and refusing to dispose of the mo­ney, whereby it is not disposed, shall lose 3 pounds 6 shillings 8 pence, one moiety to the poor of the Parish, the other to the Informer 7 Jac. ca. 3.

Disposers of such money given for appren­tices, are to take bond with two sureties of such master or mis [...]ress, for such money as they shall so receive, for the repaiment there­of at the end of seven years, or three months after, 7 Iac. cap. 3. Or if the apprent [...]ce die within 7 years, then to repay the money within one year after such master or mistress death, 7 Iac. ca. 3.

The master or mistress dying within se­ven years, the disposers are with the said mo­ney to put out the said apprentice to some of the said Trade, to serve out the residue of his 5 years, 7 Ia. ca. 3.

Money given for putting forth apprentices, is to be disposed within three months after the receit, ibid.

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

Disposers of money for Apprentices are to account before two Justices next adjoyning yearly in Easter week, or within a moneth after; and within ten daies after such ac­compt made, must deliver all such mony and bonds remaining in their hands, to such as succeed in their rooms, Ibid.

He is no Apprentice, if he be not re [...]ained [Page 17] by Indenture, and by the name of an appren­tice expresly, Cro. 185. b.

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

Certificate to the head-officer of City or Borrough, that the parents of an apprentice to a Merchant, Mercer, Draper, Goldsmith, Ironmonger, Embroderer, or Clothier, may dispend 40 shill. freehold, must be under the hands and seals of three Justices where the land lieth 5 El. c. 4.

Apprentice is to be discharged by four Ju­stices in open Sessions, Dal. 79.

The discharge of an apprentice is to be inrolled by the Clarke of the Peace, 5 El. c. 4. Vide plus abourers.

A master putteth his apprentice into ap­parrel, he cannot take it away, though he part with his apprentice, Dal. 96.

Every housholder having half a plough­land in tillage may take an apprentice be­twixt the age of 10 and 18. to serve in hus­bandry, which must be by Indenture, 5 Eliz. cap. 4.

Approvers or Appeachers.

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

Justices of Peace can take no appeal of an [Page 18] approver, Lam, 550. Stamf. 144. a. Dal. 320,

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

Archery.

‘Justices of Assise, Goal-delivery, and of the Peace, and Stewards of Leets have power to enquire, hear, and determine of the Statute 33. H. c. 9. and also by their descretion examine all persons lacking and not having bows, shafts and arrows, according to the form of the said Statute, viz. being under 60. years, and have not in his house bow and arrows, or have not used shooting. And every man-child be­tween 7 and 17 years of age, not having a bow and two shafts, and above 17 years, four shafts, he loseth for every moneth 6 shill. 8. pen. Lam. 481. 33 H. 8. cap. 9’

Armour.

Any (except the Kings Officers and their company doing their service) riding or go­ing armed, or bringing force in a fray of the people are to be imprisoned, and lose their armour, 2 E. 3. cap. 3. Dal. 35. Cro. 76. a.

Justices of the Peace not looking to the execution of the Statute of fearing the coun­try with going or riding armed, upon enqui­ry by the Judges of Assise, are to be by them penished, 2 Ed. 3 cap. 3.

The counterpain of the Indenture of ar­mour [Page 19] to be kept by the Clark of the Peace, 4 & 5 Ph. & Ma. cap. 2.

The Statute 4 & 5 Ph. & Ma. concerning keeping of horses and armour, with the pe­nalties thereof, are replyed, 1 Jac. c. 25.

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

Any Justice of Peace may arrest any (ex­cept the Kings officers, and such as do him service) that go armed, and bind them to the peace, or good behaviour, Cro. 76. a. Dal. 30. Lam. of Const. 13.

A Justice of Peace may cause weapons to be taken from prisoners brought before him, Dal. [...]6.

No servant in husbandry, artificer, victu­aller, or labourer, shall wear sword or dags­er 12 R. 2. c. 6. Dal. 36. Cro. 76. b.

Arrests.

An Arrest is a certain restraint of a mans person, depriving it of its own will and liber­ty, and binding it to become obedient to the will of the law, Dal. 343. La. 93. Cro. 38. a. nu. 1.

All lay persons under the degree of a Bar­on or Peer of the Realm, are subject to an arrest, Lam. 93. Dal. 343.

Ecclesiasticall persons not attendant upon divine Service, may be arrested for the peace, Lam. ibid. Dal. 166.

Constable or Justice of Peace comming to arrest an affraier, if he flie into another house, they may in fresh suit break open the door, and take him: So if he flie into ano­ther County, Lam. 134 Dal. 34.

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

Bailiff taking above 4 pence for any arrest shall forfeit 40 li. 23 H. 6. ca. 10.

The officer ought to require the party to come and finde surety of the peace, before he arrest him, by the opinion of 5 Ed. 4. 31. Lam. 90. Dal. 166.

If one required by the officer upon war­rant to finde surety of the peace, resuse, the of­ficer by virtue of his warrant may convey him to prison, Lam. 92. Dal. 171.

‘In all criminall causes where one incurreth loss of member, or of life, every man may arrest him, whether he have warrant or [Page 21] not Dal. 344. But where a private man ar­resteth any in the cases aforesaid, he ought to deliver him to the constable, or some of­ficer Dal. 348.’

‘When a felony is committed. 1. any man that suspects another may arrest him: 2. or if there be common fame that he committed the felony: 3. or if he be prosecuted with hue and cry: 4. or if he be in company of the offenders: 5. or he apparantly go about to commit a felony, Dal. 345. vide Cro. 99. b.’

‘A man is slain, or a felony committed, and an innocent party is arrested for the same; he cannot be delivered but by order of law. Cro, 40. b. n. 20. Dal. 279, 304. Lam. 233.’

A Constable taking an affraier, may not imprison him in his house, but in the Stocks, Lam. 133. Vide Riot, Sheriff, Prison.

Arraignment.

Arraignment is commonly a compulsory coming of one indicted of a matter touching life or such hainous offence, and a pleading not guilty, Lam 546.

One coming in freely, and indicted of an inferiour offence, may be arraigned, Lam. [...]47.

One arra [...]gned of felony, if his case will serve may plead a justification or matter in law, Lam 547. And the Court shall assigne him councell, Cro. 110. nu. 5.

‘He that is arraigned of felony shall have leave to bring him into the Court who sold the thing to him, and the Court shall assign him councell, Cro. 110. a nu. 3.’

Artificers, vide Labourers.

.

Assault.

Assault cannot be made without the offer of some hurtful blow, or at least of some fearful speech, Lamb. 26.

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

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

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

Servant or workman, convicted by confes­sion of two witnesses, before two Justices of Peace, of maliciously assaulting Master, Dame, or Overseer, is to be imprisoned a year, and any other corporal punishment sa­ving life and member, 5 Eliz. cap. 4, & 5. Dal. 80. Cro 84. a.

If another assault me, if I may escape with my life, it is not lawful for me to beat the o­ther, Dal. 210.

An attempt is made to beat a man, his wife, father, or-mother, or any of his children within age, he may lawfully use force to re­sist it, and may justifie the beating of the o­ther, Dal. 210. Yet by opinion of Ely [...]t, 12 H. 3. fol. 2. b. it is not lawful, except there be such peril as another is like to perish if there be no help, Dal. 184. 210.

‘A man taketh away my goods which are in my possession, I may take them again [Page 23] with force, Cro. 65. b. nu. 60, 61. & 137 a. Dal. 181. But I must first lay my hands on him, and disturb him, and if he will not leave then, I may beat him, rather then he shall have my goods, Dal. ibid.

Assembly unlawful, vide Un­lawful Assembly.

.

Assize of Bread and Beer.

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

Any officer taking fine for breach of the Assize of Bread and Ale, where there ought to be a corporal punishment, is to be fined, 13 R. 2. cap. 8. Lamb. 459.

Attainder.

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

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

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

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

After the attainder, the felons grant of goods or lands bindeth all persons, except the Land-lord, to whom they escheat, Dal. 303

Indictment is, when an offence is found by the great Inquest, or other Jury of inquiry,

Conviction is when the offender is found guilty by a second Jury, having put himself to trial.

Attainder is, when after such conviction judgement is given against the offende [...]. Dal. 304.

A wait lying, vid, Way-laying.

.

Averments.

No man shall be received to aver or speak against a record, Lam. 63.

Badgers and Drovers.

LIcence to Badgers and Drovers, and Loaders of corn, must be in open Sessions, and there registred and kept by the Clerk of the Peace, 5 El. c. 12. Lam. 610.

Offences against the statute of Badgers and Drovers may be enquired of as well by ex­amination of witnesses, as by presentment, 5 El. cap. 12.

The forfeiture due to the informer upon the Statute of Badgers and Drovers, is to be levied by Fieri facias, or Capias, awarded by the Justice of Peace 5 El. cap. 12.

‘Clark of the Peace must make and write all Licences made to Badgers, Laders, and Drovers, and keep a book to register the same, and the recognizance taken before the Justices of Peace, which recognizance [Page 25] must be [That they shall not do any thing contra­ry to the statute 5 Ed. 6 c. 14. provided against forestallers,] and therein write the names and surnames and places of the licensed, with a brief entry of the licence, day, time, and place where it was granted, and bring the same to every Sessions, taking for the li­cence xii d. for the recognizance viii d. and for registring iv d. 5 El. cap. 12.’

Bailment.

Bailment, Mainprise, or replevin, is the saving or delivering a man out of prison be­fore he hath satisfied the law; so by finding sureties to answer, and to be justified by the law, Lam 340. Dal. 312.

He that is bailed, is delivered into his sure­ties hands to be kept, Cro. 152. b. nu. 6. Stum. 65. a. Dal. 312.

I the sureties doubt the escape of the pri­soner bailed, a Justice of Peace upon prayer may discharge the sureties, and commit the party to prison, Dal. 312. Cro. 153. a. nu. 13. & 157. a.

A Justice of Peace may cause the bailed to find better sureties, Cro. 152. b. nu. 4. Dal. 312.

It is requisite to take two Subsidy-men for bail, especially if it be for felony, or suspicion thereof, Dal. 313.

To detain a prisoner that is bailable, is fineable, Dal. 313.

To bail one not bailable, is a negligent e­scape, Dal. 313.

A Justice of Peace bailing contrary to the law, or not certifying the bail and examina­tion of the felon, is fineable by the Justices of [Page 26] Goal-delivery, Lamb. 345. 1 & 2 P. & M. c. 13. Cro. 167. b. Dal. 313.

Where one is bailable, he must offer sure­ties, Dal. 313.

For what offences a man is not bail­able by a Justice of Peace by the statute of W. 1. 3 Ed. 1. 15. Cro. 156. a. Lam. 345.

  • 1. Abjured the Realm, Dal. 316.
  • 2. Approver or appellour, ibid.
  • 3. Appealed by an approver, ibid.
  • 4. Burning a house feloniously, ibid.
  • 5. Excommunication taken at the Bishops request, ibid.
  • 6. Felon taken with the manner, ibid.
  • 7. A known thief and defamed, ibid.
  • 8. Outlawed, ibid.
  • 9. Prison-breaker, ibid.
  • 10. Traitor to the King himself, ibid.
  • 11. Falsifier of the Kings money, Dal. 317.
  • 12. Counterfeiter of the seal, ibid.
  • 13. Attainted or convicted of felony, ibid.
  • 14. Accessary to two felonies, if one prin­cipal be attainted, Dal. 319.
  • 15. Death of man, if he be principal, ibid.
  • 16. Taken upon process of rebellion issu­ing out of Chancery or Star-chamber, Lam. 347. Dal. 320.
  • 17. Arrested by Process, Writ, Bill, or Warrant, in an action personal, ibid.
  • 18 Persons convicted of felony, praying Clergy and reprieved, Cro. 154. a. nu. 2. Dal. 318.

For what other offences a man is not bailable by a Justice of Peace.

A Justice of Peace is not to bail but in causes which he may hear and determine, Lamb. 347. Dal. 320.

Murder, or any other homicide, Dal. 315.

Confessing the fault of manslaughter, ibid. Lumb. 34.

Taken in the manner for killing, ibid.

Known to have killed a man, ibid.

By the King or his privy Councel, Dal. 316.

By the absolute, not ordinary command of the Kings Justices, ibid.

For trespasses in the forrest, West. 1. cap. 15.

Confessing the felony whereof he is accu­sed, Cro. 152. b.

Imprisoned for surety of the peace, 23 H. 6. c. 10. Lamb. 346.

Special commandement of any Justice, 23 Hen. 6. cap. 10. Lamb. ibid.

Where Bailment is taken away by Statute, vide Lam. 349. Dal. 320.

For what offences a man is bailable.

Taken for light suspicion, Dal. 317.

Indicted of petty larceny, not being for­merly guilty of another, ibid.

Charged, 1. With the receipt of thieves, of felons, Dal. 318.

2. Of commandment, force or aid in felo­ny done, ibid.

3. With the trespass that toucheth not loss [Page 28] of life or member, Dal. 319. West. 1. 15. (if not prohibited by some later Statute) appealed by an Approver, being no common thief, nor defamed after the death of the Approver, Dal. 320.

Indicted of manslaughter, and acquitted, Lam. 347,

Acquitted of murder or manslaughter at the Kings suit, bailable during the year, 3 H. 7. cap. 1. Lam. 347.

Imprisoned by process out of the Sessions upon penal laws not forbidding ba [...]l, bailable out of the Sessions by two Justices, one be­ing of the Quorum, Lam. 348. Dal. 319.

Accused of homicides which are not felo­ny.

Accessary to felonies, Dal. 318.

If they be found of good fame, until the principal be convicted or attainted: but after the principal is attainted, he is not bailable, except he plead not guilty, or other plea, Dal. ibid, & 321.

Principal in burglary, Dal▪ ibid.

Principal in an indictment of robbery, Dal. ibid.

Principal in an appeal [...]f robbery, Dal, ibid.

Attached by Sessions Process upon indict­ment of trespass may be bailed by one Justice of Peace to appeare at the day to answer the indictment, and may make his Supersedeas, de cap. indict. and so of the exigent, Dal. 319.

In every bailment which must be by two Justices, one of them being of the Quorum, the Just. must be present together at the time of bailment, who before bail taken must exa­mine the prisoners, & receive the informa­tion [Page 29] of them that bring them: all which with the bailment they must put in writing, sign­ed or subscribed with their own hands, and certified at the next Goal-delivery to be hol­den in the County, 1 & 2 Ph. & M. c. 13. Dal. 314.

The said Justices have authority to bind all persons that can give evidence, to appear the next Goal-delivery to give evidence against the party at the time of his trial, Dal. 303.

Some statutes not only take bail from the offenders thereof upon their solemn con­viction after judgement but also upon the re­cord of one or two Justices, or by examinati­on or proof of witnesses, or other such pri­vate trial had before them, Lam. 349. For the form of bailment, Lam. 252. The form of the liberate, Dal. 396. Lam. 352.

Bailiffs:

Bailiff was punishable in false imprison­ment, if he compel the party to go before any other Justice then he chuseth, Lam. 89, 94.

But now the law is adjudged to be, that the Bailiff or Constable shall chuse the Justice Dal. 59. & Coke l. 5. 59. b. Fosters case.

As the Bailiff may not compel him that is arrested for surety of the Peace, to go before him that granted the warrant; so it is not reasonable that the Bailiff shall be drawn, out of the division and limit where they both dwell, Lam. 95. Dal. 171.

A Bailiff arrests a man without a warrant for the Peace, and afterwards procures one, he is punishable in false imprisonment Dal. 341. Cro. 149. a. Lam. 90.

A Bailiff arrests one by warrant for the [Page 30] Peace, the Justice will not binde the party, n [...] action lieth against the Bailiff, Dal. 1. Lam. 9 [...].

Two Justices of Peace, one being of the Quorum, may give unto the Bailiffs of Fran­chises before they exercise their offices, the oaths of 1 El. of supremacy, & 27 El. touching their offices, 27 Eliz. cap. 12.

Bailiff taking above four pence for an ar­rest, is to forfeit 40 li. 23 H. 6. cap. 10. and lose treble damage to the party damnified.

Bailiff of the Hundred that executeth not a warrant against any defendant in the Sheriffs Court, shall lose 40 shill. 11 H. 7. c. 15. Vide plus Warrants.

Bakers, vide Assise of Bread.

.

Barettor.

A common Barettor is he, who is either a common mover, stirrer up, or maintainer of suits in law in any court, or quarrels in the county, Dal. 36. Lam. 440. Cro. 84. a. and is to be bound to his good behavior, and impri­soned, Lam. 440. Vide plus Dal. 36. Coke 8. 36.

Bargain and Sale, vide Inrolement. Bark of Trees, vide Leather.

.

Bastardy.

Two Justices of Peace, one being of Quo­rum, in or next to the Parish, where a bastard left to the charge of the Parish, or likely to be chargeable, is born, are to take order for the relief of the Parish, keeping of the child, and punishment of the reputed father and mother, 18 El. 3. 7 Jac. c. 4. Dal. 37.

The reputed father and mother not perfor­ming the order set down by two such Justi­ [...]es, the delinquent is to be sent to the Goal without bail, except they put in sureties to [...]erform the order, or appear at the next ge­neral Sessions of the Peace, Dal. 38.

‘If the Justices of the Peace do not agree upon an order, it is to be referred to the Bench, Dal. 25.’

Quadraginta septimanae sunt [...]egitimum tempus mulieribus constitutum, Coke Instit. 123. Dal. 38.’

‘The mother may be examined upon oath, concerning the reputed father, the time and other circumstances, Dal. 37.’

‘By 7 Jac. cap. 4. the mother is to be com­mitted to the house of correction for a year: but not till after delivery, and the child li­ving, Dal. 38.’

‘If she offend the second time, she is to be committed to the house of correction, and there remain till she find sureties for her good behaviour, and not to offend again [...] 7 Jac. c. 4. Dal. 38.’

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

Reputed father to be bound to the good be­haviour till the child be born, Dal. 37.

Vide plus House of Correction.

If the putative father shall either before or after the birth of the child, by practice of any other, convey himself away, or cause the mother to run or leave her child, such may [Page 32] be bound over to the next Goal-delivery o [...] Quarter Sessions, Dal. 37.

Battery lawful, vide Riot, As­sault,

.

Breach of the Peace. Bath and Buxton, vide Licence.

.

Bawdery.

Bawdery is not meerly a spiritual offence, but mixt, and soundeth somewhat against the Peace, Lam. 119. Dal. 193.

A Constable, upon information that a wo­man is in adultery or fornication with a man, or that a man and a woman of ill report are gone to a suspected house in the night, may take company with him, and if he finde them so, he may carry them to prison, or to a Justice, to be bound to their good behaviour, Dal. 193.

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

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

Beads, vide Agnus Dei.

.

Bear-wards, vide Licence.

.

Beer and Beer-brewers, vide Victual [...]ers.

.

Beggers, vide Rogues and poor people.

.

Blockwood, vide Logwood.

.

Bloudshed.

Presentment of bloudshed found in the She­ [...]iffs Turn, and sent to the Justices of Peace, an neither be traversed before the Just [...]ces of Peace, nor at the Sheriffs Turn, Lam. 543,

Bonds, vide Recognizances.

.

Bowyers, vide Archery.

.

Brass and Pewter.

Brazier nor Pewterer may exchange or sell [...]ny Brass or Pewter, but in open Market or Fair, or in his house, unless upon request of [...]he buyer, on pain of ten pounds for each of­fence, 19 H. 7. c. 6. 4 H. 8. 7. and inquireable [...]t the Sessions, Lam. 621.

All working hollow wares of other lay me­ [...]al, then according to the assize of the lay metal wrought in London, or not setting their seal on, lose the wares. Searchers of Brass and Pewter must be appointed by the Justices of Peace at Michaelmas Sessions, 19 H. 7. c. 6. 4. H. 8. c. 7. Lam. 621.

Breach of the Peace, or good behaviour.

What shall be accounted a breach of the Peace.

To threaten one to his face to beat him, at whose suit he was bound, Lam. 115. Dal. 181. Cro. 136. b. or in his absence, if he after lie in wait to do it, ib [...]d.

To command or procure one to do any un­lawful [Page 34] against the peace, if it after be done▪

Menacings, affaires, assaults, injurious an [...] violent handlings & entreatings, battery and malicious strikings, imprisonment withou [...] warrant, to thrust one into the water to en [...] danger him, to ravish a woman, to commi [...] felony or treason, Dal. 181. Lam. 127.

A Farmer, Tenant, or Commoner, by threats or blows to repulse violence offere [...] his Land lord or Maior, Lam. 129. Dal. 185.

What act soever is a breach of the Peace, the doing thereof doth beget a forfeiture o [...] the recognizance made for keeping of the Peace, Dal. 181. Lam. 114.

‘A Justice of Peace certifieth into the Kings Bench, that such a man broke the Peace i [...] his presence; the party shall be put to his fine without any traverse, Cro. 132 a.’

What not.

In his absence to threaten to beat him, a [...] whose suit he was bound to the Peace, Dal. 181.

Threats or moderate correction of the Ma­ster, Schoolmaster, Goaler, to those under their command, of Parents to the child with­in age, of the Lord to his villain, Lam. 127. Dal. 183.

To beat with rods a kinsman that is mad, to the end to reclaim him, Dal. ibid. Lam. 128.

Constable, Officer, or any of their compa­ny, to strike any for better execution of their office, Dal. 180. Lam. 128. By threats or blows to repulse violence offered to ones own per­son, wife, father, mother, child, m [...]er, Dal. 184.

Preservation of his own goods, Ibid. Lam. [Page 35] 129. and Crom. 136. b. affirm that the Master [...]ay beat him that doth assault or beat his [...]ervant: but Dalton maketh a quaere of it, [...]nd that a Master may onely with sword or [...]aff defend him, Dal. 185. Pax Reg. 5.

To kill or hurt one at fence, play, tilt, tur­ [...]ament, or barriers in the Kings presence, or [...]y his command, Dal. 184. Lam. 129.

To take ones goods wrongfully, if not from his person, Lam. 130. Dal. 186. 210. is no forfei­ [...]ure of his recognizance, Cro. 65. b. nu. 59. 8. 137. a.

So to take anothers Ward, Dal. 186. Lam. ibid. To disseise another of his Ward, Dal. ibid.

To trespass in anothers corn or grass, ibid.

Trespass lieth at the Common Law, for threatning to beat one.

Vide plus Forfeiture.

It is no breach of the Peace for a private man to strike or wound another in defence of his own person from beating, wounding, or killing: but if he may escape with his life, without being wounded, maimed, or hurt, it is not lawful, except he first flie as far as he can, Dal. 184. Cro. 137. a.

To take a dog of any kinde, or other thing of pleasure from the person of another, or in his presence with force or violence, a­mounteth to a breach of the Peace, Dal. 168.

Brewers vide Victuallers.

.

Bridges.

‘By common right Bridges should be amen­ded by the whole County, for it is for the common ease of the County, Cro. 187. b. yet [Page 36] if any have fishings or profit in that river they are chargeable, Cro. 186. b.’

A man voluntarily maketh or amendeth a Bridge: he is not compellable to do the same again, unless he & his ancestors have used so to do time out of mind. Dal. 41. Cro. 186. a.

‘Where a man and his ancestors have used time out of mind to repair a Bridge, the King cannot acquit him, Dal. 41.’

‘It being not known who, or what land is chargeable with the repairing of a decaied Bridge, four Justices, one being Quorum, may tax the Inhabitants, and make Collectors and Overseers for repairing of it, and appoint Surveyors, and exact an accompt of them: and if they refuse so to do, the said Justices may make out Process against them, by At­tachments, Precepts, or Warrants under their seals, returnable at the Quarter Sessions, and may allow reasonable costs to the surveyors and Collectors, 22 H. 8. cap. 5. Dal. 40.’

‘A man and his ancestors or a Corporation time out of mind used to make a Bridge, though they did it freely at the first and not of right, it shall conclude the heirs & succes­sors Dal. 11. Cro. 186. a. b. Prior of Stokes case.

Justice of Peace where a decaied Bridge is, may award Process into the County where the party or land chargeable is, Dal. 40.

A Bridge lying within a Corporation, the Hundred shall not be charged therewith. Et i converso, Dal. 40, 41. Cro. 187. b.

A Bridge lying in two several Counties, ei­ther must repair his part, Dal. 40. Cro. 187. b.

‘A common Bridge lying within a Fran­chise, they must repair it, Cro. 187. b. Dal. 40.’

‘A man is to repair some arches at the end of a Bridge: if the Buttresses be decaied, he is to follow the course of the water, and to repair the high-way without leave of the owner of the land, and lay stones, &c. neces­sary, upon the adjoyning land of another, Cro. 186. b. Dal. 42.’

‘He that is bound to repair a Bridge, must maintain the way at each end, Cro. 186. b.’

Buckstalls.

One suspected to have offended against the statute, 19 H. 7. c. 11. of deer-haies, and buck­stalls, &c. is to be examined by two Justices at Quarter Sessions, & being convicted by his own examination only, is to be imprisoned till he find surety for the forfeiture, 19 H. 7. c. 11. Lam. 535, 630. the tenth part whereof the Justices examining shall have, ibid.

Buggery.

The sin of Buggery with a man or beast is fe­lony, 25 H. 8. c. 6. 5. El. c. 17. Lam. 227, 256. 421.

Bull from Rome, vide Treasons.

.

Burglary.

Burglary is when one or more in the night­ [...]ime do break a dwelling-house, or a Church, [...]or the walls or gates of a Citty or walled Town, with an intent to do felony, albeit [...]hey carry away nothing, Dal. 256. Lam. 258, 423. Cro. 31. a. nu. 1.

The night is from sun-setting to sun-rising, [...]bid. Lam. 259, 423, 424, Dal. 256.

What act shall make a burglary with­out entring into the house.

Putting back the leaf of a window, Dal. ib. Lam. 262.

Drawing the latch of a door, Dal▪ ibid. Cro. 33. b. Lam. ibid.

Turning the key being on the inside, Cro. 31. b. Dal. ibid. Lam. 262.

Breaking the glass-window, and hooking out of goods, Lam. ibid.

Making a hole in the wall, and shooting one within the house, Dal. 256. Lam. 262. Cro. 31. b. nu. 7.

The door being open, to put his hand over the threshold, and discharge a dag at any within, Dal. ibid. Cro. 32. a. nu. 11. Lam. 263.

They within cast out their money for fear, and they without carry it away, Cro. 31. b. nu. 9. Lamb. 261, 262. Dal. 257.

Without breaking the house.

To set foot over the threshold with a felo­nious intent, Dal. 257. Cro. 32. a nu. 13.

To come down by a chimney, ibid.

To come in by help of a key, Cro. 31. a. nu. 8. Lam. 262. Dal. 257.

To enter the doors being open, & the owner flying to his chamber, to shove at the cham­ber door, Dal. ib. Lam. 262. Cro. 32. b. nu. 25.

If pretending to be robbed, by the help of the Constable for search they rob the owner, ibid. Lam. 263. Dal. 257. Cro. 32. b. nu. 24.

If upon conspiracy with a servant, the ser­vant [Page 39] openeth the door, and the thief entreth, Dal. 257.

One entring, and the rest standing about the house, or not far off, ibid. Lam. 264.

To enter under the threshold.

What place makes Burglary.

Publick, as Church, walls or gates of a City or Town walled: Private, as a dwelling-house, if any be within, Dal. 257. Cro. 33. a. nu. 32. Lam. 260, 261.

The family for part of the night is abroad, and in the intrim the house is robbed, Dal. 258. Cro. 33. b. nu. 40.

A man hath two dwelling houses, & dwel­leth sometimes at the one, sometimes at the other, and hath servants at both, and the ser­vants are abroad, in the night the house is broken, ibid. Cro. 33. b. nu. 40. Dal. ibid.

To break a chamber in a Colledge or Inne of Court, though no body is in the chamber, Dal. 258. Lam. 261. Cro. 33. a. nu. 29.

Breaking a barn or stable near to a dwel­ling house, to the intent to steal, Dal. ibid. [...]o. 32. Lam. 261.

Robbing a back house, Dal. ibid.

To enter to ravish a woman. Quaere, Dal. 259.

The Host of an Inne breaking into his Guest▪ [...] chamber to rob him, Dal. 258.

What not.

Entring onely with intent to beat, Dal. 259. [...]am. 264.

Breaking, and departing without entring, [Page 40] Lam. 262. but it is felony, ib. Lam. 261. it is not burglary in one under 14 years of age, Dal. 259.

Nor in poor persons, that upon hunger break and steal under the value of 12 pence, Dal. 260.

Nor in natural fools, or non compos mentis, ibid.

Burning of houses.

Malicious burning of houses, being dwelling houses, or barn with corn in it, is felony, Dal. 273. Lam. 266, 424. Cro. 31. a. nu. 3.

Burning of an empty barn in the night fe­loniously, if it be nigh a dwelling house, Dal. 274. Lam. ibid.

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

‘One intending to burn anothers house, fireth it, and part onely is burned and quenched, it is felony, Dal. 274.’

‘One shooteth unlawfully in a hand-gun, and the fire setteth another mans house on fire, and burneth it down, it is felony, Dal. 274.’

Burning of a stack of corn feloniously Dal. 274.

Butchers.

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

Butchers watring any hides, except in June, July, or August, lose 3 shill. 4 d. an hide, ib.

Butcher or any other killing calves to sel [...] [Page 41] under five weeks old, loseth 6 shill. 8 pence a calf Lam. 453.

Or killing any weanling, bullock, steer, or heifer, under the age of two years, Lam. 453. 24 H. 8. c. 9. vide Victuallers.

Butter and Cheese, vide Victuals.

.

Butts.

Inhabitants of a Town not continuing their Butts as they ought, are to lose for eve­ry three months 20 shill. 33. H. 8. c. 9. Lam. 481.

‘Buying and selling, vide Cattel.’

Calves and Kine.

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

Any feeding in his own ground fit for milch-Kine, wherein none hath common, above 120 Sheep more then for his own provision, must raise one Calf for every 60 Sheep, or lose 20 shillings a moneth for each Calf, & keep one milch-Cow for every ten Oxen, Runts, &c. so fed, if he feed above twenty. And for every two milch-Kine must rear one Calf yearly, except it die, upon the like pain, 2 & 3 P. & M. c. 3. 13. El. c. 25. 7 Jac. c. 8. Lamb. 453.

Offences against this statute are determi­nable at the Quarter Sessions.

Captains.

Any Muster-masters taking reward for dis­charging any from service, lose ten times so much, or 20 li. 2 E. 6. c. 2. Lamb. 482, 483.

Captain [...], or others, having the charge of men for war, keeping back part of their pa [...] lose to their souldier treble so much as is no [...] pa [...]d: or for licencing any to depart, lose ten times the gain, 2 E. 6. ibid.

Vide plus Travelling.

Castle, vide Felony.

.

Cattel.

Buyer of live Oxen, Runts, Steers, Kine, Calves, Sheep, Lambs, Kids and Goats, if he sell them within five weeks after, loseth the double, 5 E. 6. c. 1 [...]. Lam. 452 Vide Badgers.

Certificate.

Recognizance and release of the Peace both are to be certified at the next Quarter Sessions, 3 H. 7. ca. 1. but no pain by the Statute to the Justice if he do not, Lam. 111. Dal. 177. Cro. 139. a. nu. 11.

One that is bound to the Peace, maketh de­fault at the day of his appearance, the Recog­nizance with the record of the default of his appearance must be certified into the [...]xche­quer, Kings Bench, or Chancery: So if it be presented that he hath broken the Peace, Lam. 589.

Sheriff must certifie to the Justices at the next Sessions, in dictments lawfully found and [Page 43] taken at his turn or law-day, 1 E. 4. c. 2. the penalty is 40 pound.

Clark of the Crown must certifie the names of any that have been out-lawed of felony, or Clarks convicted or attainted upon the letter of a Justice of Peace, or lose 40 shillings 34 H. 8. c. 14.

Transcript of every attainder, out-lawry, or conviction had before the Justices of P. must be certified into the Kings Bench by the Clark of the Peace within 40 daies after the attain­der if it be in Term; if not, within 20 daies af­ter the beginning of the next Term, on pain of 40 shillings, 34 H. 8. c. 14. Clark of the Peace must certifie to the Ordinary a tran­script of the Clarks convicted or attainted, 34 H. 8. cap. 14. Quaere, because by 18 El. c. 6 no delivery to the Ordinary, Lam. 588.

Custos Rotulorum of the County where one is attainted as principal of felony, upon wri­ting of the Justices of the Gaol-delivery or Oyer & Terminer of another County where one is accessary unto the other, must certifie what is done with the principal, 2 E. 6. c. 24. Lam. 588, 589.

Where the Justices are to receive indict­ments, and no power to proceed upon them, they must certifie them into the Kings Bench without Certiorari, Lam. 589.

Abjuration of a seditious sectary made in open Quarter Sessions, must be certified at the next Assizes unto the Justice of Assize, 35 El. c. 1. Lam. 590.

Presentment that goods and cattles of one attainted of felony be in others hands, it is to be certified in the Kings Bench, or Exchequer Lam. 590.

Recognizance of an Alehouse-keeper must be certified at the next Quarter Sessions after the taking, or the Justice loseth five Marks, 5 E. 6. c. 25.

Certificates of dockets of Purveyors, vide Purveyors.

Certificates of transcripts of Records of the Sessions into the Kings Bench, vide Clarks of the Peace.

Certificate of Riots, vide Riots.

Certificate of Certiorari, vide Certiorari,

Certificate of Examinations, vide Exami­nations.

Vide plus Recognizance.

Certiorari.

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

A Certiorari issueth out of the Chancery, and the Records are removed thither, and sent th [...]ther by Mittimus to any other Court, Lam. 591.

Certiorari to remove matters of the Crown, need not contain the cause of the re­moving Lam. 514.

Certiorari into the Chancery, hath in Can­cellaria, into the Kings Bench, nobis mittatis, Dal. 416. Cro. 132. a.

Certiorari may command either the Record it self, or the tenour of the Record, Cro. 131. b. Lam. 515. Dal. 416.

Certiorari is to be directed to the Justices, Lam. 515.

Justices of Peace ought upon Certiorari to [Page 45] remove the Record, though the party that brought the Certior. sueth not after to have it removed, Da. 416. Cro. 132. b. & 133. a. La. 516.

An Indictment may be removed upon a Certiorari bearing date before the Indictment was taken, Dal. 417. Cro. 132. b. 164. b. 167. b. Lam. 510.

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

If the Certiorari vary from the Record, the Justices need not to certifie, Cro. 132. b. Dal. 416.

A Certiorari is to send up the Indictment of A. in which others are joyntly indicted, the Justices need not make certificate of any but of A. only, Cro. 132. a. Lam. 517. Dal. 416.

A Justice may without Certiorari send into the Kings Bench a Recognizance of the Peace, an Indictment found before him, or a force recorded before him, Dal. 416. Cro. 132. b. 133. b. but not without Certiorari, if he be put out, ibid.

No bills of indictment, riot, forcible entry, assault, or battery found at the Quarter Sessi­ons, shall be removed by Certiorari, unless it be delivered in open Quarter Sessions, and the indicted bound in ten pound to the prosecu­tor, with such sureties as the Justices shall al­low, to pay within one moneth after the con­viction of the indicted to the prosecutor such costs and damages as the said Justices shall al­low, otherwise the Justices to proceed to trial, 21 Jac. [...]. 8. Dal. 219, 220.

Vide plus, Certificate and Justices of Peace.

Challenge.

One indicted of felony, may challenge as many as he will, shewing cause: but without cause he may not challenge above twenty, 22 H. 8. c. 14 Lamb. 554. 28 H. 8. c. 1.

What shall be a good challenge of a Juror.

That he was an indictor of him, Lam. 554.

That he hath no lands to clear yearly value of 40 shill. Lam. 554.

In Cities and Borroughs, that he hath no goods moveables worth 40 pound, Lam. ibid.

That he is not Probus & L [...]galis, as, if he be attainted of felony, forgery, perjury, &c. Lamb. ibid.

Champerty.

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

Chance-medly, vide Homicide.

.

Chastisement, vide Correction.

.

Church and Church-yard.

Maliciously to strike with a weapon in the Church or Church-yard, or to draw a wea­pon to that end, is loss of one of his ears, or having no ears, to be marked on his cheek with the letter [...] 5 Ed. 6. 4. Lamb. 419.

To kee [...] Fair or Market in the Church-yard, [...]. c. 6. [...].

Conviction of any upon the statute, 5 Ed. 6. c. 4. may be by the Justices of Peace at their Quarter Sessions, by verdict, testimony of two, or by confession, 5 Ed. 6. c. 4.

Execution of the forfeiture upon the stat. of striking in Church-yards, to be awarded by the Justices of Peace before whom the conviction, 5 Ed. 6. c. 4.

Church-Wardens.

Church-wardens and Constables, or one of them, or where none be, the Constable of the Hundred, must once every year present at the Quarter Sessions the monethly absence from Church of Popish Recusants, and the names of every of their children of 9 years old and above, abiding with their parents, & as neer as they can the age of their children, and the names of such Recusants servants, 3 Jac. c. 4. Lam. 437. penalty 20 shill. Vide Recusants.

Church wardens are to gather for the priso­ners. Vide Prisoners.

Church wardens and Overseers of the poor are yearly to make accompt to two Justices, whereof one ought to be of the Quorum, viz.

  • 1. Of all sums received by them rated or not received.
  • 2. Of such stock as they or any of their poor have in their hands, 43. El. c. 2.
  • 3. What Apprentices they have put out.
  • 4. What poor they have set to work or re­lieved.
  • 5. What poor they have suffered to wander and beg.
  • 6. If they have monethly met to take order [...].
  • [Page 48]7 If they have assessed the inhabitants and occupiers of lands &c. in their Parish, and such as are of ability, with indifferency.
  • 8 If they have endeavored to levy and ga­ther such assessments, Dal. 96. Defaults in any the premisses is 20 shillings, ibid.

‘Two such Justices may make their warrants both to the present & subsequent Church-wardens and overseers to levy all sums and arrerages of every one that shall refuse to contribute according to the assessment. And in default of distress commit them to the Gaol till paiment be made, Dal. 95.’

Church-wardens and Overseers refusing to make a true accompt to the Justices of all such sums of money, or denying to pay the arrerages, to be committed to the Gaol with­out bail till accompt made, and the arrerages paid, to the new Overseers, Dal. 96.

Church-wardens and Constables yearly up­on Tuesday or Wednesday in Easter week, must call together the Parishoners.

And first chuse Surveyors for the high­waies, Dal. 67. 3 P. & M. c. 8.

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

3 Give notice of the said six daies openly in the Church the Sunday after Easter, Dal. ibid.

Clark of the Peace.

Clark of the Peace must be present at the Sessions, to read indictments, and inroll the acts of the Sessions, as also to draw Process, Lam. 393.

Clark of the Peace must record Proclama­tions for the rates of servants wages, and in­roll [Page 49] the discharge of apprentices, 5 El. c. 4. ib.

He must keep the counterpane of the In­ [...]enture of armour, 4 & 5 P. & M. c. 2. Re­ [...]ealed by 1. Jac. 25. circa finem.

And the books of licences given to Badges [...]nd Loaders of corn, 5 El. c. 12. Lam. 393.

And of those that are licensed to shoot in [...]uns, 2 Ed. 6. c. 14.

He must certifie into the Kings Bench tran­ [...]cripts of indictments, out lawries, attainders, and convictions had before the Justices of Peace within the time limited, under the pain of 40 shill. 34 H. 8. c. 14. Lam 588, & 593.

Recognizance of the Peace is brought into the Custos Rotulorum, and if the party grieved will not sue it, the Clark of the Peace may call upon it for the King, Lam. 394. 2 H. 7 c. 1.

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

What Records the Clark of the Peace is bound to certifie.

Vide Certificate.

The Clark of the Peace his fees.

Vide Fees.

He must record presentments for not com­ing to Church, & the certificate of not taking the oath of [...]llegence, 3 Jac. ca. 4. Lam. 393.

‘Clark of the Peace is Clark to the Justi­ces, as the Statute 12 R. 2. cap. 10. nameth him, and not Clark to the Custos Rotulorum onely, Lam. 394.’

‘Clark of the Peace may exercise his place by himself, or by his deputy, sufficiently in­structed in the Law, and admitted by the Custos Rotul [...]rum. Lam. ibid.

Clark of a Justice his fees, v. Fees.

.

Clark of the Crown, what Re­cords he ought to certifie, vide Certificate.

.

Clark of the Market.

Clark of the Market taking money to dis­pence with faults, riding with more then six horses, tarrying longer then is necessary, lo­seth for the first offence 100 shillings, for the second 10 pound, for the third 20 pound, 13. R. 2 c. 4. Clark of the Market may take no money for any bills. He ought to seal no Bushel but once. After the first sealing to take any thing is extortion, Dal. 150.

Clergy and Sanctuary.

One Justice of the Peace may take out of the Sanctuary him that is abjured thither, being indited of any offence punishable by death done after he is become a Sanctuary-man, and may commit him to the Goal in the County where the inditement is found, till he be tri­ed, 22 H. 8. c. 14.

In what offences Clergy is not allowable.

Breaking a house by day, and taking away any thing to the value of 5 shillings, 39. El. c. 15. Lam. 564., 56 [...].

Conjurors or witches, their aiders and [Page 51] counsellers, 5 El. c. 16. Lam. 564. 1. but 1 Jac. c. 12. repealeth 5 El. c. 16.

Receivers or aiders of Seminary Priests or Jesuites, 27 El. c. 2. Lamb. 563.

Conspiring to burn, take, or raze any Ca­stel or Bulwork of the Kings, 14. El. c. 1.

Rape or Ravishment, 18 El. c. Lam. 564.

Burglary, 18 El. c. Lam. 564.

Carnally abusing a woman within the age of ten years, Lam. 564. 18 El. c. 6.

Principal or accessary before the fact of taking away of a maid, widdow or wife, that hath lands or substance, &c. 3 H. 7. c. 2. & 39. El. c. 9. Lam. ibid.

Buggery, 5 El. c. 17. Lam. 564.

Murderer, Lam. ibid.

Poisoner of malice prepensed, Lam. ibid.

Robbing in day, or nigh a high-way, Lam. ibid.

Horse-stealer, Lam. ibid.

Church-robber, Lam. ibid.

Robbing of a house, any being in it, 564.

Robbing of booth or tent, any being in it, Lam. ibid.

Commander of petty-treason, Lam. ibid.

Commander of wilful murder, Lam. ibid.

So of robbery in any dwelling house, in or near any high-way, Lam. 565.

Stabbing one who hath no weapon drawn, nor struck first, if he die thereof within six moneths, 1 [...]ac. c. 8. Lam. 565.

‘To burn any dwelling house or any part thereof, Lam. ibid.

To burn any bath having any corn in it, [...]

Reporting false rumours against the King, devising or writing seditious or slanderous matter against the King, 23 El. c. 2.

Souldiers departing without licence of their Captain, Lam. 565.

Souldiers or Mariners which wander beg­ging, 39. El. c. 17.

Or exceed the time of their licence, ibid.

Or forge, or use forged licence, knowing it, ibid.

The second conviction for forging false deeds, 5 El. c. Lam. 566.

Privily to take away goods or money a­bove 12 pence from the person of another, 8 El. c. 4. Lam. 566.

Calling himself an Egyptian, or keeping them company contrary to the statutes, 1 & 2 P. & M. c. 4. 5 El. c. 20. Lam. 566.

A confined Recusant resuseth to abjure the Realm, or will not go, or returneth without licence, 35 El. c. 1, 2.

‘To acknowledge any fine, recovery, deed inrolled, statute, recognizance, bail, or judgement, in the name of another not privy thereunto, 21 Jac. c. 26. Dal. 276.’

To what persons Clergy is grantable.

To a bastard.
To bigamus.

To whom not grantable.

Women, vide Women.

One that hath had it formerly, except he be within holy Orders, 1 E. 6. c. 12. Lam. 563▪

In what cases Clergy is allowable

Clergy shall be allowed in all cases, saving [Page 53] such as are mentioned 1. E. 6. c. 12. or especially [...]ince that time taken away, Cro. 118. nu. 33.

Clergy shall be allowed but once, 4 H. 7 c. 13. Lam. 563. except he be within orders, Cro. 118. a. nu. 36.

A Woman convicted of felony above 12 pence, and under 10 shillings, where in a man may have his Clergy, shall be burnt in the hand with T. and whipped, 21 Jac. c. 6.

Upon an attainder by outlawry, Parlia­ment, standing mute, challenging perempto­rily above twenty, where the statute taketh it away upon conviction by verdict, vide Lam. 567. if Clergy shall be denied.

Justices of Peace may give Clergy to a felon, if the Ordinary be present? but they cannot fine the Ordinary for his absence, but must re­prieve the prisoner Lam. 551. vide Ordinary.

If the Enditement doth not directly agree with the words of the statute that taketh a­way Clergy, the prisoner may have his Cler­gy, Lam 566.

After conviction and Clergy allowed, and the party burnt in the hand, he may be indi­cted of another felony, Lam. 559. 18 Eliz. cap. 6.

Where any man hath priviledge of Clergy as a clerk convict, & also in all cases of felony wherein the benefit of Clergy is restrained, excepted, or taken away by statute (wilfull murder & poisoning of malice prepensed ex­cepted) any Lord of the Parliament, or Peer of the Realm sitting in Parliament, shall, upon his request and prayer, alledging that he is a Lord or Peer of the Realm, though he cannot read, without burning in the hand, loss of in­heritance, [Page 54] or corruption of blood, be adjudg­ed for the first time onely as a Clerk convict, 1 Ed. 6. c. 12. but in all other cases, wherein Clergy is taken away by any statute since, 1 E. 6. he is in the same degree as a common person, P. R. 213. vide Ordinary.

Cloth.

Every Justice beyond Trent hath some pow­er in searching out the deceit of straining or stretching those country cloths, 39. El. c. 20.

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

Two Justices of Peace must appoint yearly Overseers of cloth sold in Towns not being corporate, and swear them to see execution of that part of the statute which is yet in force, 3 E. 6. c. 2. Lam. 359. Dal. 42.

One commanded by two Justices of the Peace to appear to be made an Overseer of keeping the statute of clothing, and without reasonable excuse refusing shall forfeit 40 shillings, one halfe to the two Justices, Lam. ibid.

Two Justices of Peace may dispose the mo­ny rising of deceitful cloth stretched, 39 El. c. 10.

Woollen cloth presented by a retailer thereof to two of the next Justices of Peace, as defective against this statute, and the statute 4 & 5 P. & M. c. 5. they shall cause the same to be cut into three equal parts, whereof one part to the King, one part to the presenter, and the third part to the Justices themselves, 5 E. 6. c. 6. Lam. 359.

Justices of Peace faultly in executing the [...]tatute against the deceitful stretching of Northen cloth, lose 5 pound, 39. El. c. 20.

Clothier must set his seal of lead to the cloth [...]o declare the length, to be tried by water, or be fined, 3 Ed. 6. c. 2. Lam. 469.

Cloth is not to be stretched above a yard and a halfe in length, and halfe a quarter in breadth, nor shrink more in wetting, on pain of 40 shillings, ibid.

Browns, Blews, Pewks, Tawnies, and Vio­lets, must be perfectly boiled, grained, or maddered upon the woad, and shot with good cork or orchal, otherwise the dier loseth 20 shillings for every offence, 3 Ed. 6. c. 2. Lam. 469.

Wooll for Russets, Marbles, Graies, Baies, or for hats or caps, must be perfectly woaded, boiled, and maddered, or lose 20 shillings e­very cloth or wooll for a cloth, ibid.

Dying with Brazill, thereby to make a false colour, is loss of 20 shillings a time, 3 E. 6. c. 2. Lam. 469.

Putting flax, chalk, starch, or other decei­vable things upon any cloth, except Devon­shire and Cornwal straits, loseth 40 shillings a time, Lam. ibid.

Selling cloth by less measure then after the true contents by the yard and inch, loseth six shillings eight pence a yard, ibid.

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

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

Interrupting the search of cloth is loss of twenty pound, ibid.

Kentish cloth above six pound price, must contain betwixt 28 and 30 yards in length being wet, and 7 quarters broad within the lists, and being well dressed, must weigh 76 pound, or lose 20 shillings for want of length and breadth, and so much for wanting of four pound of the weight, 5 Ed. 6. c. 6. Lam. 470. See now 4 Jac. c. 2.

Deceit in linnen cloth, whereby it is be­come worse for good use, is loss of cloth, fine and imprisonment for a moneth, 1 El. c. 12. Lam. 471.

Offences against the statute concerning the stretching of Northen clothes, to be presented by the Overseers at the next Quarter Sessions after the offence, and there to be heard and determined, 39 El. c. 20.

Offences of the Justices of Peace in negle­cting their duty, by not executing of the sta­tute of deceitful stretching of Northern clothes, to be heard and determined by Just of Assize, 39 El. c. 20.

Commission of the Peace.

The commission of the Peace is determina­ble at the Pr. pleasure, either by express word, implicati [...], or death, or by the presence of higher power, or by occasion of another office, as to be made Sheriff Lam 66, 67, 68, &c.

‘If Just: sit by commission and do not ad­journ the Sessions, the commission is void, Brook Commission, 12. Cro. 188. a.’

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

A new commission of the Peace hac vice tan­tùm, will determine the old, Lam. 68.

A commission of the same kind in the same limits to other commissioners without word of discharge, is a revocation of the former by implication, Cro. 189. a. Lam. 67. Dal. 11.

A proper Justice is made within a special liberty, without words of prohibition, the Justices of the shire may meddle there, Lam. 68, 69.

The making of a new commission is no de­termination of the old, till it be read or pro­claimed at some Session, or in a full County, or at the Assizes, Dal. 11. Lam. 69.

The old commission determining by a new, no process or suit hanging before the old commissioners is discontinued thereby, Dal. 12. Cro 189. a. Lam. 69.

Accession of a higher title taketh not [...]way the authority of a Justice of Peace, Dal. 9. Cro. 188. a. Lam. 70.

A new commission to here and determine felonies, determineth the old commission of the Peace but not concerning the Peace, Lam. 72. Brook Commission 8.

A Justice of Peace, in making justification by virtue of his office, needeth not to shew the commission of the Peace, because the keeping thereof belongeth to the Custos Rotu­lorum, Lam. 387, 388. Cro. 120. b. nu. 13.

‘By 17 R. 2. c. 10. in every commission of the Peace, two men of law (amongst others) are to be assigned, viz. to proceed to the de­liverance of felons, Dal. 50.’

‘Two were joynt commissioners, and it is presented that one onely sat, and fined the [Page 58] Countrye; and it was held void. But if one sit, and it is recorded that it is done before both, it is good. So of Justices of Peace, Cro. 121. a. nu. 19. & 189 a. for averment shall not be taken against the act of the Ju­stices or Commissioners, Cro. 189. a.’

‘A Justice cannot be made by writ but by commission, but may be discharged by writ, which is in nature of a Supersedeas, Brook Commis. nu. 18’

‘If the Justices in Fire, after Proclamati­on made, do come into the Country, and sit there by vertue of their authority, then ceaseth the power of the Commissioners of Peace. And so likewise, if the Kings Bench should remove into the County, Lam. 71. vide Cro. 188. b. & 189. a. Brook Commiss. nu. 18. But Lambert maketh a Quaere, for that Justices of Nisi prius do ordinarily bring a Commission of Oier and Determiner, Lam. 71. and yet no determination of the Commission of Peace.’

‘And Brook Commis. 8. and Cro. 188. b. Ʋn novel Commission de oyer & terminer felonies de­termine le ancient Com. del P. quant al Oyer, &c. felonies, mes nemy quant al Peace. Et issint vide Commis. determine in part, & remain pur le remnant.

Commons.

Commons in Forests and elsewhere must be driven yearly within 15 daies after Michael­mas by the owner or officers, on pain of 40 shillings a time, 32 H. 8. c. 13. Lam. 483.

Vide plus Horses.

If any Minister have refused to use the Common Prayer, or to minister the Sacra­ [...]ents according to the Book of Common [...]rayer, in such order and form as is mention­ [...]d in the said Book, or wilfully standing in [...]he same, have used any other form in open [...]rayer, or in administration of the Sacra­ [...]ents, or spoken any thing in derogation of [...]he said B. or any part thereof, for the first [...]ffence it is loss of his spirituall living for a [...]ear, and imprisonment for six moneths [...]ithout bail: for the second, deprivation and [...]mprisonment for a year: for the third, de­ [...]rivation and imprisonment all his life, 1 El. [...] 2. 23 El. c. 1. Lam 417.

Any having in play, song, or rhyme, or by my open word, spoken in derogation of the [...]ook of Common Prayer or any thing there­ [...] contained, or having caused or maintained [...]ny Minister to say any other Common Pray­ [...]r, or minister Sacraments in other manner, [...]r interrupting any Minister to say open [...]rayer, or administer the Sacraments accor­ [...]ing to the said Book, he loseth 100 Marks, [...]r six moneths imprisonment without Bail [...]or the first offence: and for the second, 400 Marks, or twelve moneths imprisonment: and [...]or the third, all his goods, and imprison­ [...]ent for his life, ibid.

Concealment, vide Jurors.

.

Confession.

After a free confession of an indictment, [Page 60] and submission to fine in an action at the pa [...] ties suit, for the same trespass, he shall [...] plead Not guilty: otherwise of a confessio [...] Jub modo, as when he putteth himself [...] gratia Regis, Lam. 530.

Quaere whether if he once make a fine, [...] shall not be estopped to plead Not guilty. Al [...] whether the Justice of Peace may drive t [...] party either to an absolute confession, or [...] his traverse, ibid.

The voluntary confession of an offender against the statute, 1 Jac. c. 9. 4 Jac. c. 5. befor [...] a Justice of Peace is a conviction, and afte [...] confession his oath is sufficient proof again [...] any other offending at the same time, 21 Jac▪ c. 7. Dal. 26.

Conjuration.

Conjuration of wicked spirits is felony 5 El. c. 16. Lam. 227.

Vide plus Witchcraft, 1 Jac. c. 12.

Conservers of the Peace.

Coroners are Conservers of the Peace, and may in some cases imprison, Lam. 395.

Constables are Conservers of the Peac [...] within their limits, Dal. 2. Lam. 14.

Constables.

Every Constable at the Common law be­fore the statute 3 H. 7. c. 3. & 1 & 2P. & M. c. 13. might bail one suspected of felony by obligation, or take surety of the Peace by ob­ligation, or commit him to prison that made an affray, till he found sureties, Lam. 15.

Constables or other Officers may lay no [Page 61] hands on two intending to fight, till weap­ons, drawn, or offer of blow Lam. 132.

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

Constable or Officer presented at the Sessi­ons for not endeavouring to part an affray, being present, shall deeply be fined, Lam. 133.

Not so if he be told of it being absent, Dal. 33. at quaere contra, Cro. 146. b.

Two fighting in a house, the doors being shut, the Officers may break open the doors to see the peace kept, Lam. 133.

Constable taking an affrayer must imprison him in the stocks, not in his house; and that till he may provide to carry him to the Goal, Lam. ibid. or to a Justice of Peace, Lam. 133. Dal. 33, 35.

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

Constable or Officer may desend himself, and apprehend and imp [...]ison the party that shall make an affray upon him, Lam ibid. Dal. 35. Cro. 147. a.

One Justice of Peace may command that two Constables be chosen in each Hundred, Lam. 186.

Vide plus Affray, Arrest, Rogues.

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

Chusing of High-Constables useth to be at the Quarter Sessions; if out of Sessions, by the [Page 62] major part of Justices of that division where they dwell; and use to be sworn at the Sess­ons, or by warrant from the Sessions, Dal. 46▪

Vide plus Prison.

Conventicles.

Those are sometimes called Conventicles wherein many do impart with others the [...] meaning to kill a man, or to take another part in all things, Lam. 173.

Champerty also, maintenance, conspiracie [...] confederacies, & giving of liveries, other the [...] to menial servants, and officers, be containe [...] under the word Conventicles, Lam. ibid.

Conies, vide Hunting.

.

Corn.

Certificate of one Justice of Peace, joyne [...] with the Customer of the place, of unladin [...] and selling of corn, grain, or cattel carried b [...] water from one place to another of th [...] Realm, unto the Customer and Controller o [...] the place where the same was imbarked, i [...] sufficient upon the statute of forestalling, 5 E [...] 6. c. 14. 13 El. c. 25.

One having suffic [...]ent corn, buying seed without bringing so much as he buyeth, to se [...] the same day as the Market goeth, loset [...] double, 5 Ed. 6. c. 14. Lam. 451.

Vide plus Transportation.

Cutter and carriers away of cor [...] Vide Hedge breakers.

.

Coroners.

Coroners ought to certifie their inquisitions at the general Goal-delivery, and not at the Sessions, 1. & 2 P. & M. 13. Lam. 395.

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

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

Coroners may be convicted of offence a­gainst the statute of 1 H. 8. c. 7. by examination of witnesses, and touching extortion or not executing their offices, before a Justice of Peace, Cro. 130. b. Lam. 434.

Coroners fees, vide Fees.

.

Cottages.

Any erecting, or converting any dwelling to be used as a cottage for dwelling, unless he lay four acres of his own free-hold inheri­tance lying near to the said cottage, to be con­tinually manured therewithall so long as that cottage shall be inhabited, forfeiteth ten pounds; except in a City, corporate or mar­ket Town, or ancient Borough, or being the dwelling-house of workers in minerals, coal­mine [...], quarries of stone or slate, makers of brick, tile, lime, or coal, not being above a mile from the works and onely used for the habitation of such workmen, or for sailers, or men of manual occupation, for the making, furnishing, or victualling of ships, and being within a mile of the sea at the side of some navigable river; or a cottage for the keeper [Page 64] of forrests, chase, warren or park; or cottage for a common herdsman or shepherd of any town, or wherein any poor, lame, sick, aged, or impotent person shall dwell; or hath been decreed to continue for a dwelling by the Ju­stices of Assise or of the Peace in open Assises or Quarter Sessions, 31 El. c. 7. 39 El. cap. 3. 43. El. c. 2. Lam. 476. 35 El. c. 6. for conti­nuing the cottage 40 shill. a moneth.

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

Owner or occupier of a cottage must not suffer more housholds then one to dwell in a cottage, 31 El. c. 7. except it be by order of the Justices at the Quarter Sessions, with leave of the Lord of the waste, at the charge of the Parish, Hundred, or County, 39 El. c. 3. 43 El. c. 2. Lam. 611. Offences against the stat. of cottages and in mates, are to be heard and determined at the Quarter Sessions, 31 El. c. 7. Lam. 614. and a decree may be made at the Quarter Sessions for continuance of a cottage that hath not four acres of land, ibid.

‘A Decree may be made at the Quarter Sessions for the continuance of a cottage that hath not four acres of land. And the Justices may enquire, hear and determine of cottages and inmates against the statute of 31 El. c. 7. Lam. 614.’

County.

A Justice of Peace in one County pursuing a selon into another County where he is taken, he shall be committed to the Goal of the County where he was taken, Dal. 297, 298.

Cozeners and Cozenage.

Any falsly and deceitfully getting into his possession money or goods of other mens, by colour of false privy tokens of counterfeit letters, and convicted thereof at the Quarter Sessions by examination of witnesses, shall suffer any corporal punishment except death, 33 H. 8. c. 1. Cro. 83. a. 130. b. Dal. 48. Lam. 442, 535, 569, 690.

Two Justices of Peace, one being of the Quorum, may bind over to the next Sessions any such suspected person, or may imprison or bail them until the next general Sessions, Dal. 48.

One Justice of Peace, (as it seemeth) may binds Cheaters to their good behaviour, so to the Assises or Sessions, or send them to the house of Correction, Dal. 48.

Crosses, vide Agnus Dei.

.

Cross-bows and Hand-guns:

Every person may attach an offender a­gainst the statute 33 H. 8. c. 6. and carry him to the next Justice of Peace in the same County, Dal. 65.

The Justice upon due consideration may send the offender to the Goal, till he have paid the penalty of the statute of 33 H. 8. c. 6. s [...]. 10. li.

The particulars of the said Statute.

1. None under an 100 pounds per annum may shoot in, or keep gun, dag, pistol, cross-bow, or stone-bow.

2. No person may shoot in, carry, keep, use, or have any gun under three quarters of a yard in length: if it be shorter, every one hav­ing an 100 pounds per annum may seize the gun, & must break it or lose 40 shillings, if he break it not within twenty daies, Lam. 296. 480. but may keep the cross-bow or stone-bow, Dal. 65.

3. No person not having an 100 pounds per annum, may carry in his journy any gun charged, or bow bent, but onely in time and service of war, or going to the musters.

4. None may shoot in a gun near to a mar­ket-Town, but in defence of his house or person, or at a But.

5. The master may not command the ser­vant to shoot, except at a But or Bank of earth, or in warre.

Exceptions out of the Statute.

  • 1. Shooting at a But or Bank of earth by serving-men, whose masters are inabled by statute.
  • 2. Inhabitants of market Towns.
  • 3. Dwellers alone, or near the Sea-side.
  • 4. Gun makers or Gun-sellers.
  • 5. Those that have placards may shoot ac­cording to their placards, Dal. 65, 66.

Any under the value of 100 pounds per an­num, licensed to shoot in Cross-bow or Hand­gun, is to present his name to the next Justice, by him to be presented and recorded at the next Quarter Sessions, or else the Justice to lose 20 shillings, 2 Ed. 6. c. 14 Lam. 301. Quaere if this be now in use.

Any licensed at Quarter-Sessions to shoot [Page 67] [...]n Hand-gun or birding-piece, for Hawks-meat is to shoot only at fowl not prohibited, [...]nd to be bound in 20 li. 1 Jac. c. 27.

Any two Justices of Peace may commit to [...]he Goal for three moneths any that shoot with gun or bow at any Patridge, Phesant, house-Dove, Mallard, or at such fowl, or at [...]ny Hare, 1 Jac. c. 27.

‘If any person not having lands, &c. of the yearly value of 40 li. or not worth in goods 200 li. shall use any gun, bow, or cross-bow, to kill any Deer or Conies (except such per­son shall have any ground inclosed, used for the keeping of any Deer or Conies, &c. or be Keepers or Warreners) any person ha­ving in lands 100 li. by year in fee or for life, may take from such offender such Guns, Bows, or Cross-bows, and keep them to his own use, 3 Jac. c. 13. Dal. 65.’

Curriers, vide Leather.

.

Customer, vide Corn.

.

Custos Rotulorum.

Custos Rotulorum hath the custody of tho Records and of the Comm [...]ssion, and ought t [...] see that they be brought to the Sessions, Lam 387.

Custos Rotulorum is alwayes a Justice of the Quorum, Lam. 387.

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

Taking of the goods of another to the value of 12 d. from his person into his own pos­session, without assault or fear, is felony with­out Clergy, 8 El. c. 4. Lam. 270. Dal. 262. and Lam. 422, 566.

But it will not amount to felony unto death, unless the thing taken be of the value of twelve pence, Lam. 270. Dal. Quaere.

The thief must have an actual possession of the thing severed from the person of the owner, Lam. 271. Dal. 262. Cro. 35. a. nu. 17.

Cutting out of tongues.

Cutting out of tongues, and putting out of eyes is felony, if it be done of set purpose, 5 H. 4. c. 5. Lam. 420.

Cutting of a Pond head.

Destroying of the head or damme of any pond, moat, stew, or several pit wherein fishes are put by the owner thereof, or wrongfully fishing in any of the same, to the intent to take away the fish against the owner; will, 5 El. c. 21. Lam. 446. See 3 Jac. c. 13. he is to suffer imprisonment, and to be bound to his good behaviour for seven years.

Deer and Deer-hayes.

JUstices of Peace may not receive an indict­ment for killing a Hart proclaimed, for the jurisdiction of it belongeth to the Justices of the forrest, 21 H. 7. c. 30. Lam. 505.

One convicted of unlawful taking or kil­ing of Deer, must pay treble damages to the party, three months imprisonment, and after to remain there till he put in sureties for the good behaviour for seven years, 5 El. c. 21. 3 Jac. c. 13. Lam. 571.

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

Vide plus Hunting, and Buckstalls.

Demurrer.

If one indicted demurreth upon the evi­dences, the Justices ought to record it La. 539.

Deputy.

A Judge cannot make a Deputy, Lam. 64.

Divine Service.

Any above the age of sixteen years, that repaireth not faithfully and diligently to his Parish Church or Chappel accustomed, or (up­on some reasonable lett) to some usual place, where Common Prayer is to be used upon every Sunday and other Holidaies, and hath not there orderly and soberly abiden during the time of such Common Prayer, Preaching, or other service of God, loseth 12 pence for every offence, to be levied by the Church-wardens to the use of the poor of the said Parish, and to be punished by the censures of the Church, 1 El. c. 2.

It is lawful for one Justice of Peace in the [Page 70] limit, division, or liberty where the offender dwelleth, in not coming to Church, accor­ding to 1 El. c. 2. upon proof of default, by confession of the party or oath of witnesses, to call the party before him; and for want of sufficient excuse & proof thereof to the satis­faction of the said Justice, the said Justice may give his warrant to the Church-warden of the said Parish under his hand and seal to levy 12 pence for every default by distress, and in default thereof to commit the offen­der to prison till paiment made, 3 Jac. c. 4.

Vide plus Recusants, and Sunday.

Dogs, vide Hunting, & Partridges

.

Drovers, vide Badgers.

.

Dier, vide Cloth.

.

Drunkenness.

Any Justice of Peace, upon his own view, confession of the party, or proof of one wit­ness upon oath, hath power to convince any person of drunkenness, 21 Jac. 7.

Any within six moneths after the offence committed, lawfully convicted of drunken­ness, loseth 5 shill. to be paid after conviction to the Church-wardens of the Parish where the offence shall be committed; and refusing and neglecting to pay the same, to be, by warrant from the Just. convicting, levied on his goods; if he be unable, to be set into the stocks six hours: and upon conviction of the second offence to be bound with sureties in [Page 71] ten pound to his good behaviour, 4 Jac. c. 5. and for want of sureties to be sent to the Goal. If the officer charged is negligent in levying or in correcting, he loseth 10 shillings, to be levied and disposed as the penalty it self, 4 Jac. c. [...].

Church-wardens to be accountable to the use of the poor for the penalties by them re­ceived upon the statute of drunkenness, ibid.

Constables, Church-wardens and Tithing­men, in their oaths for their office are to swear to present offences against the statute of drunkenness, 4 Jac. 5.

Offences against the statute of drunkenness to be inquired after, and presented before the Justices of Assise, or Justices of Peace at their Sessions, and proceeded upon ordinary in­dictment, ibid.

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

Ecclesiastical causes and persons.

ECclesiastical persons are subject to arrest for the Peace, unless they be attendant on Divine service, Lam. 93. Dal. 166.

Vide plus Treason.

Eggs of wild-fowl.

Eggs of any wild-fowl usually eaten, taken from the place where they were layed, or de­stroyed betwixt the first of March & the last of June, one years imprisonment and lose af­ter [Page 72] a rate for each egge, viz. ‘Egges of crane or bustard 20d. bittern, heron or shovelack 8 d. mallard, teal, and other wild-fowl, one peny, 25 H. 8. c. 11. 3 E. 6. c. 7. Lam. 453.’

To take away the egges of any hawk out of the woods or ground of any other person, three months imprisonment, and bound to his good behaviour for seven years, 5 El. c. 21 Lam. 446.

To take or cause to be taken upon his own or other mens grounds, the egges of any fal­con, goshawk, lanner, or swan, one year and a daies imprisonment and fine, 11 H. 7. cap. 17. Lam. ibid.

Taker or willing destroyer of egges of Partridge, Phesant, or Swan, upon conviction by confession, or oath of two witnesses before two Justices of Peace, where the offence or ap­prehension is, to be imprisoned three months, unless he pay to the Church-wardens of the Parish in one of the places to the use of the poor 20 shillings 1 Jac. c. 27.

Vide plus Partridges, Phesants, and Fowlers.

Egyptians.

One Justice of Peace may within one moneth after the arrival seize all the goods of any outlandish persons, calling themselves Egyptians, that shall come into the Realm, or company with them, or disguise themselves like them, and keep to his own use the one moity accounting in the Exchequer for the other, restoring to them again their goods that prove by two witnesses that they were craftily or seloniously stolen from them, up­on pain of forfeiture of double the value to [Page 73] the prover, 22 H. 8. c. 10 Dal. 49. Lam. 195, 228, 371. 427.

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

Embezeling of Records, vide Records. Embracer, vide Maintainer.

.

Enditements.

‘Enditement is the verdict of Jurors that be charged to enquire of the offence that is presented to them, Lam. 486.’

All enditements ought to contain certain­ty, and therefore five principal things be re­quisite in presentments, Lam. 487.

  • 1. The name, surname, and addition of the party endited.
  • 2. The year, the day, and place in which the offence was done.
  • 3. The name of the person to whom the offence was done.
  • 4. The name and value of the thing in which the offence was committed.
  • 5. The manner of the fact, and the nature of the offence; as the manner of the treason, murder, felony, or trespass, Lam. 487.

Enditement of the accessary to felony, must contain the name of the principal, Lam. 488.

Misnamer in an Enditement shall not be made good by an ali [...]s dictus, Lam. 490.

Where the name of the party offended cannot be known, it may be cujusdam ignoti, because of the Kings advantage thereby by forfeiture, Lam. 494.

Any certainty whereby the day and yeare may be known, is sufficient, Lam. 491.

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

One striketh one day, whereon he langui­sheth, and died on another; the Enditement must suppose the last day, on which he died, Lam. 491.

Enditement supposing the fact done a day not come, is not good, Lam. 492.

Enditement or presentment for an omissi­on as A. hath not scoured such a sewer, needs not to set down day nor year, Lam. 492.

Enditement supposing an offence done at two severall times, not good, Lam. 492.

Certainty of the place.

If no place be named where the offence was done, or a place be named, whereas in truth there is no such place, the Enditement is void, 9 H. 5. c. 1. 18 H. 6. c. 12. Lam. 493.

If the stroke or poisoning be in one coun­ty, and the death in another county, the En­ditement in the county where the death is shall be good, 2 & 3 Ed. 6. c. 24. Lam. 493.

Certainty of the person to whom the offence is done, Lam. 494.

The goods of a Parson of a Church, Bona Rectoris, Lam. 468.

The goods of the Church, Bona parochiano­rum in custodia Gardianorum, ib.

The goods of Major and Communalty, and [Page 75] [...]he Major dieth before the Enditement, bona [...]ommunitatis. Quaere, because they have no [...]uch name of Corporation.

Goods taken in a mans life-time, and he [...]aketh executor and dieth bona testatoris.

Goods taken after his death, Testatoris in [...]ustodia Executorum.

Goods hanging over a Tomb, Executoris. A Grave-stone, bona Ecclesiae.

My goods are taken by a trespassor, and ta­ken from him again, the Enditement shall be bona of him that had the last possession, Lam. 496.

Of the owner in the keeping of the bail, where they were taken from the Baily, Lam. 496.

Bona capellae in custodia, or bona dom [...]s; or Ecclesiae tempore vacationis, is good, Lam. ib.

The name of the thing must be comprised, Lam. ibid.

Bona & catalla in trespass or felony is not good.

If dead things it may be bona & catalla, expressing the names thereof in certainty.

If living things, it shall not say bona & ca­talla, but equum, bovem, ovem, &c. ibid.

The value is to be declared in felony to make it appear petty larceny; in trespass to aggravate the fault.

Enditement of things ferae naturae, as Deer, Hares, Partridges, or Phesants, is not good, unless they be taken in a Park or a Warren that be liberties, Lam. 469. 497.

Charters, their value cannot be esteemed, ibid.

It must be said Pretii, of living things, Lam. 497.

So of dead things in the singular number, ibid.

So of things that go by weight and mea­sure, Lam. 497.

So of coin not currant, ibid.

It must be said, ad valentiam, of dead things, in the plural number, not going by weight and measure, Lam. 497.

Coin counterfeited, ibid.

Where the number ought to be expressed, as of the taking of Doves in a Dove-house, or young Hawks in a wood, there it must be pretii or ad valentiam, Lam. 497.

Coin currant carrieth his value with it, ib.

The very manner of the fact, and the na­ture of the offence ought to be mentioned, Lam. 498.

Nature of the offence.

Treason must have Proditorié.

Murder Murdravit, which implieth ex ma­litia praecogitata, Lam. 500. Cro. 101. a. 103. b.

Burglary, Burglariter.

Felony, felonicè, ib. so petty larceny, felonicè. In rape felonicè rapuit, Lam. 510.

Furatus seemeth good without felonicé.

In felony, cepit alone, or abduxit, or a spor­tavit is not good, La. 510. but cepit & abduxit.

In trespass or felony, the words contra pacem must be used, Lam. 502.

In forcible entry, vi & armis be needless, ib.

Upon a statute contra formam statuti in hu­jusmodi casu editi & provisi, ibid.

Where many Statutes concern one offence, [Page 77] contra formam diversorum statutorum.

Where after an acquital one shall be endited for the same felony.

Where the first inditement was void for in­ [...]fficiency of matter of felony, Lam. 556.

Trial in a wrong County, ibid.

Misprision of the party that should bring [...]he action.

Where the first Enditement was as princi­ [...]al, the second Enditement as accessary to the [...]me felony after the fact, Lam. 557.

Where he shall not be again endited.

Where the Enditement was good.

Though it were by another name, if he be [...]nown by both, Lam. 555.

Though it suppose the same felony done in [...]nother year, Lam. 556.

Though the Process was erronious, ibid.

Enditement at the Sheriffs Turn lawfully [...]aken, must be taken by the Justices, and by [...]hem received, 1 E. 4 cap. 2. Lam. 504.

No Enditement can be taken, nor enquiry made, but before two Justices, one to be of the Quorum, Lam. 48.

Enditement upon penal statute, whereof the King is only to reap the forfeiture, must be within two years after the offence.

And where a common person is, it must be within one year, except the statute do other­wise direct, Lam. 487.

‘Constable presents a fault at the Sessions, which belongeth to his office, which is al­lowed [Page 78] by the Inquest, it is good: Otherwise it shall not serve for an Enditement, Crom. 123. b.’

‘A man may be indited for the King upon any penal statute, Cro. 101. a. nu. 3. 109. a. nu. 3.’

‘If there be two villages in one parish, the indicted shall be named of such a village i [...] parochia de A. and not of the parish onely. But if there be but one village there, the name of the parish onely, or the name of the village onely, or of the village in such a pa­rish is sufficient. And so if there be divers hamlets, Cro. 102. a. nu. 16.’

‘In an Enditement, Si sit de pecunia nume­rata, exprimere debet numerum & genus pecu­niae: si massa rudis, tum valorem: si formata, tum qualitatem & pretium: si sit panus, tunc colorem, pretium, & numerum ulnarum: si animal, tunc genus, pilum, & pretium; & quòd felon [...]cè cepit illud contra pacem, Cro. 103. a. nu. 35. Stam. 81.’

Enquiry.

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

  • 1. Certain offences against the Supremacy, 23 El. c. 1.
  • 2. Treasons, and misprisions of treason made by the 23 El. c. 1.
  • 3. Offences against the statute of false ru­mours against the King, 23 El. c. 1.

Enquiry of a forcible entry, vide Forcible entry.
Enquiry by presentment, vide Presentment.

.

Enquiry by examination, vide Examination.

.

Enquiry by information, vide information.

.

Escapes.

Constable arresteth one that hath hurt a­ [...]other, and voluntarily suffereth him to es­ [...]ape, and he that was hurt dieth thereof within a year and a day; the Constable shall make a fine to the value of his goods, but it [...]s no felony, Lam. 134.

To suffer a felon wilfully to escape, is felo­ny; but a negligent escape is onely to be fined, 1 R. 3, c. 3. Lam. 440. Dal. 276.

Wilfull escape of one arrested for larceny, man slaughter per infortunium, se defendendo is not felony; if the act were not felony at the time of the escape, Lam. 230. Dal. 278. Crom. 39. a. nu. [...].

Wilfull escape by the gaoler or keeper of a felon, is felony in the gaoler, not in the felon: if the escape be caused by a stranger, it is felo­ny, Lam. 229. Dal. 278.

Escape suffered by him that receiveth a known felon, is no felony, Lam. 230. Dal. ib. but shall be accessary, for that he was not ar­rested, Cro. 39. a. nu. 4.

Vide plus Prisoners.

A prisoner under arrest onely escaping, the escape must first be presented, before he that suffered the escape shall answer it, Dal. 278.

A Justice sendeth for a felon out of the ga [...] [Page 80] and freeth him without bail; it is felony i [...] the Justice, Dal. ibid.

A Justice pro defectu scientiae baileth one not bailable, it is but a negligent escape, Cro. 39. b. nu. 4. Dal. 279.

Offender upon his examination before a Justice confesseth the felony, who letteth him go without commitment or bail; it is a volun­tary escape, and so felony in the Justice, Cro. 39. a. nu. 7. 44. a. Dal. 304.

A Town not walled must answer the escape of a manslayer in the day time, 1 Cro. 40. b. nu. 1. Dal. 299.

The hundred must answer for a man slain out of the Town, and for insufficiency the County shall be charged; Dal. ibid.

Gaoler or other officer suffereth his prisoner to go abroad for a time; though the prisoner return as he was prescribed, or let his prisoner go by bail or bast on; it is a negligent escape, and fineable. But quaere, for prisoners ought to be kept in salva & arcta custodia, Dal. 277. Cro. 39. b. nu. 5.

‘A Constable voluntarily suffereth a thief to drown himselfe, this is felony in the Constable. But if the thief (without the assent of the Constable) kill, hang, or drown him­selfe, it is a negligent escape in the Consta­ble, Dal. 276.’

Voluntarily escape of one arrested, or com­mitted for felony, is felony in the Gaoler; if for treason, it is treason; if for trespass, it is trespass, Dal. 278.

Escheators other then those of a City or Borough, that takes upon him the office, not having lands in the Shire of twenty pounds per annum, or for life at least, or that hath sold or set to farm the office, or made a depu­ty for whom he will not answer, and whose name he doth not certifie within 20 daies in­to the Exchequer, shall be fined 40 pound, [...]2. E. 4. c. 9. Lam. 429.

Escheator taking for execution of any writ [...]n any County above forty shillings, or forty [...]hillings where the land is not held incapite, [...]hall be fined forty pound, 23 H. 6. c. 17. Lam. [...]30.

Escheator taking above 15 shillings for fin­ [...]ing an office not exceeding five pounds a year, loseth forty pound, 33 H. 8. cap. 22. Lam. 430.

Evesdroppers.

Evesdroppers which shall by night eves­drop mens houses are to be bound to the good behaviour, Dal. 191.

Evidences

Justices of the Peace must binde over in­formers for felony to appear and give evi­dence against the felon at the next general Goal-delivery, Dal. 49.

Justices of the Peace must binde such as de­clare any thing material to prove the felony, to appear at the next Goal-delivery, and give evidence, Dal. 303.

‘If he which giveth evidence of felony to a Just. of Peace against another, will not be bound to give evidence at the Assises, he [Page 82] shall be committed, or bound to his goo [...] behaviour, Cro. 102. b. nu. 26. Dal. 25.’

Examination taken by a J. of P. of one cou [...] ty, may be certified into another county, an [...] there read, and given in evidence, Dal. 303.

Estreats.

Estreats are the extracts of fines, forfei­tures, and amerciaments made by the Clar [...] of the Peace by indentures, the one delivere [...] to the Sheriff, the other to the Barons of the Exchequer, Lam. 581.

Estreats of the penalty for shooting in guns, are to be recorded and sent into the Exche­quer by the Justice that had the examinatio [...] of the matter, Lamb. 297.

Sheriff or his minister that shall levy an [...] of the Kings debts, without shewing the par­ty the estreats under the Exchequer seal▪ shall be fined and pay treble damages to the party, 42 E. 3 c. 9. 7 H. 4. c. 3. Lam. 432.

He that estreateth issues of others then such who were chargeable or charged, loseth five Marks to the King, and as much to the party, 27 El. c. 7. Lam. 432.

Examination.

Felon brought before a Justice, must be ex­amined before he be committed to Prison, & the information of those that bring him must be put in writing within two daies after, and the party bound to appear & give evidence at the next Goal-delivery, 2 & 3 P. &. M. c. 10. Lam. 212. Dal. 49, 303.

Before the statute, the examination of a fe­lon [Page 83] was not warranted at the Common law; for nemo tenetur prodere seipsum: but the of­fender shall not be examined upon oath, Dal. 307.

Circumstances observable in examination of a felon, Lam. 218. Dal. 303. Cro. 98. a.

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

Conviction cannot be by examination one­ly, but where the statute giveth it, either by referring it to the discretion of the Justices, or specially limiting it, Lam. 534.

Where the statutes limit conviction to be by examination general, a Just. of Peace may examine as well the offenders as witnesses, Lam. 535.

Where the examination of a Justice of Peace is the conviction of the party, it ought to be upon oath: but when it is but to inform the Jury upon that indictment, it needs not, ibid. Lam. 536.

Examination of witnesses is to be taken as well against as for the King, Dal. 308. but quaere whether it may be upon oath, which maketh against the King.

Confession of an offender before a Justice of Peace is not conviction, except he confess the same again upon his trial or arraignment, Dal. 311.

‘Justice of Peace may examine upon oath him that informeth against a felon: for the informer may die before the assizes, & then [Page 84] the information without oath is not [...] such validity, Dal. 307. Lam. 215. Cro. 19▪ a. nu. 5.’

Extolling forein power, vide Treason.

.

Extortion.

Ordinary, Archdeacon, Official, Sheri [...] Escheator, Coroner, Under-Sheriff, Baili [...] Goaler, or other officer, that by colour of h [...] office taketh more then his fee, or any fee [...] reward for expedition, or unlawfully exacteth any oath or other undue thing, La [...] 434, &c.

Any thing taken colore officii, is extortion but virtute officii is allowable, Cro. 57. b. nu. [...]

The Sheriff or Goaler taking any thing [...] a Constable for bringing a felon to the Goa [...] it is extortion, 4 E. 3. c. 10. Cro. 57. [...] nu. 5.

‘The Goaler takes 8 pence of one in priso [...] to let him have liberty, easement or favour it is extortion, Cro. 59. a. nu. 26.’

If the Ordinary or his minister take any thing to allow a Schoolmaster to teach children, 23 El. c. 1. Cro. 58. a. nu. 13.

‘If the Ordinary take ought for letters of administration or probates of Will, where the goods amount not to above 5li. wherein the writer shall have 6 d. only; or if they be above 5 li. and not 40 li. the Ordinary 2 s. 6 d. and the writer 12. and if above 40 li. the Ordinary 2 s. 6 d. and scribe 2 s. 6 d. or 1 d. for every 10 lines ten inches long, at the writers choice, Cro. 61. nu. 52. 21 H. 8. [Page 85] c. 6. it is extortion, and the Ordinary forfei­teth 10 li.’

Vide Fees

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

The Ordinary eiting a lay person to appear in the Spiritual Court, to depose there as a witness, Cro. 59. b. nu. 35, 36, 37. & 60. nu. 44, 46, 48. & 231. a. & Phitz. J. P. fol penul. it is extortion.

Vide plus Fees.

A man prescribeth to have four pence of every one whose beasts are taken in his ground, damage fesant being im­ [...]ounded, and to make amends to him at his will, it is extortion if he take it, Cro. 58. [...]. nu. 18.

To take any thing for a mortuary, [...]ontrary to the statute 21 H. 8. c. 6. where [...]he goods come not to twenty nobles be­ [...]ides debts, or for married woman or [...]nfant, or one that keeps no house, or [...]ayfaring man, or any that is not resident where he died, is extortion, Cro. 59. a. nu. [...]7. 21 H. 8. c. 6.

To take above 3 s. 4 d. for a mortuary, when the goods amount to 10 marks and under 30 li. or above 6 shillings 8 pence, where the goods are 30 pounds and un­der 40 pounds; or above 10 shillings, where the goods are above 40 pounds, the the debts payed, is extortion, Cro. 59. a. [...]u. 28. 21 H. 8. c. 6.

Fairs and Markets.

HE that keepeth a Fair or Market in a Church-yard shall be fined Stat. Wint. 13 E. 1. c. 6. Lam. 419.

False imprisonment vide Arrest. False tokens, vide Cozeners.

.

Fees.

The Sheriff shall have upon arrest by Bill, Writ, or Warrant, 20 pence; the Bailiff that maketh the arrest, 4 pence; the Goaler, if he be committed, 4 pence; & for the obligation 4 pence and no more, on pain of 40 pounds, 23 H. 6. c. 10. Cro. 58. b. nu. 18. 176. b. nu. 19.

Bailiffs of liberties are to have like fees as the Sheriffs and their ministers have out of liberties, and like punishment for extortion, 27 H. 8. c. 24. Lam. 434. Cro. ibid.

Clark of the Peace to be fined.

For taking above 12d. for inrolling a bar­gain and sale of lands not exceeding 40 shill. a year, or 2 shill. 6 pence if it do exceed 40 shill. a year, 27 H. 8. c. 16. and the Justice of Peace the like for taking above the said sums in the said cases, Cro. 59. a. Lam. 436.

For taking above 12 pence for a recogni­sance of one that taketh a rogue into his service for a year, 14 El. c. 5. Lam. ibid.

For taking above 2 shill. for a licence and recognisance of a Badger, Drover Leader, or [Page 87] Kidder, and registring the license of them both, 5 El. c. 12. ibid.

For taking above 12 d. for a licence and re­cognisance to shoot Hawks-meat, 1 Jac. c. 27.

Clark of a Justice of Peace to be fined for taking above 12 pence for a recognisance of an Alehouse-keeper, 5 E. 6. c. 25. Lam. 436.

Coroner refusing to do his office of one slain by misadventure without fees, loseth 40 shillings, 1 H. 8 c. 7. Lam. 434.

Coroner taking above 13 shill. 4 pence for doing his office of one slain and murder­ed, of the goods of the slayer and murtherer; if he have none, of the town where he was slain in the day, and was suffered to escape, 3 H. 7. c. 1. Lam. ibid.

Maiors to have for sealing.

Bushels and other measures, a peny.

Weights, viz. a hundred weight, 1 peny; half a hundred, a halfpeny; less a farthing: and taking above, they lose 40 shill. 7. H. 7. c. 3. 11. H. 7. c. 4. Lam. 437.

Parson, Vicar, or Curate taking above 4. pence for entring into the Church-book li­cence to eat flesh on fish-daies, 5 El. c. 5.

Or above 2 pence for the registring a Testi­monial of any servant going from one place to another, 5 El. c. 4. Lam. 435.

Ordinary or his scribe or register that hath taken more for the probate of a testament or letters of administration then 6 d. for the scribe for writing the probate of the testa­ment that shall be brought written in parch­ment, and 6 d. for the administration where the goods be not above 5 pound, if above 5 li. [Page 88] not above 40 pound, then 2 shillings 6 pence for the Ordinary, & 12 pence for the scribe; if above 40 pound, 2 shillings 6 pence for the Ordinary, & 2 shill. 6 pence for the scribe, or 1 peny for every 10 lines 10 inches in length, at the scribes election; and the like for every copy of a testament or inventory, or else after the rate of the lines as before, loseth 10 li. and so much as is taken, to the party, 21 H. 8. c. 6. Cro. 61. a. nu. 52. Lam. 434.

Escheators fees, vide Escheators.

Receiver, Treasurer, or Minister of the King that taketh of any that hath fee or pension of the King, other fee then is given by ancient laws and statutes, viz. 4 pence for paiment of every summe, forfeiteth 6 shillings 8 pence, 33 H. 8. c. 39. 7 E. 6. c 1. Cro. 58. a. nu. 9.

Taking above 4 pence for impounding one distress, loseth 5 pound to the party grieved, besides such mony as he shall take above the summe of four pence, 1 & 2 P. & M. c. 12. ibid.

‘A man attainted of trespass cometh in gratis, and findeth surety for his fine, he shall pay no fees to the Sheriff or Goaler, Cro. 176. a. nu. 6. so of him that is indicted before Justice of Peace, and is committed till he pay his fine.’

‘The officer is to take nothing of him a­gainst whom process is granted to come be­fore a Justice of Peace to finde surety for the Peace, Cro. 176. a. nu. 8.’

Fees for a Justice of Peace are (ut dicitur) Cro. 176. a. nu. 9.

‘For a recognisance for the peace, 2 s. For a recognizance to bail a prisoner, 2 s. [Page 89] For a Supersedeas of the peace, 2 s. For a warrant of the Peace under seal, 2s. For a release of the Peace, 2 s. For a warrant which concerneth not the the Peace, 4 d.’

‘For the recognizance of an Alehouse­keeper, 12 d. Cro. nu. 10. 5 E. 6. c. 25. Vide plus Dal. 385.’

Felo de se.

A man that kills himself, either with a me­ditated hatred against his own life, or out of distraction or other humour, is felo de se, and forfeiteth his goods real and personal, chat­tels to the King, and debts due upon special­ty, and also upon simple contract or without specialty, Cro. 4. 95. a. Dal. 240.

‘Two fighting, the one of them falleth on the ground, & draweth his knife, the other falling upon him, doth also fall on the knife and is slain, he is in a sort felo de se, Dal. 274. Cro. 28. a. nu. 7. Pax. reg. 122. b. Stat. 16. a.’

An infant, or non Compos mentis, killing him­self, doth not forfeit, but a lunatick doth, Dal. ibid. Lam. 247.

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

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

The enquiry of felo de se belongs to the Co­roner: but if the Coroner cannot have sight of his body as being cast into the sea, or secret­ly buried, the Justices of P. may inquire there­of, and a presentment before them intituleth the King to his goods, Dal. ibid. Cro. 5. 110. b.

Felony.

Felonies are ei­ther by the

  • Common law,
  • Statute law.

By the Common law, all kind of homicide not warranted, Burglary, Theft, Burning of houses Rescous, and Escapes, Dal. 238.

Vide their several titles.

Felonies by Statute.

The Kings sworn servant conspiring to de­stroy the King or any Lord of the Realm, or any sworn to the Kings Councel, or the Steward, Treasurer, or Controller of the Kings houshold, 3 H. 7. c. 14. Dal. 275.

Breaking of Prison by one being therein for felony, or a prisoner for felony, 1 E. 2. de prisonam frangent, Dal. ibid.

And if he escape going to the Goal, Cromp. 40. b.

If under arrest for felony or suspicion, whe­ther in the Goal or out, it is breaking of pri­son though he be not indicted of felony, Cro. 38. a. nu. 1 P. R. 147.

A stranger breaketh the prison, or openeth the stocks, or makes rescous of one imprison­ed or arrested for felony, who escapeth, it is felony in them both, Dal. 275. Cro. 38. a. nu. 1.

Quaere, if a stranger disturb the arresting of a felon, Dal. ibid. Fitz. Just. P. fol. 114. Lam. 229.

Rescuing a Prisoner going to execution is felony, Dal. ibid.

Goaler, Constable, or other having a pri­soner under arrest for felony, voluntarily suf­fereth him to escape, it is felony only in him that suffereth the escape, Dal. ibid. Lam. 229.

If the prisoner escape by negligence of his [Page 91] keeper it is felony onely in the prisoner, Dal. ibid.

Escape before arrest is no felony, but the of­ficer may be endited and fined, Dal. 276. Lam. 230. Cro. 39. a. nu. 5.

Buggery with mankind or beast.

Burning of houses or stacks of corn.

Congregations and confederacies holden by Masons.

Cutting out of tongues, or putting out eyes.

Cutting Powdike, or bank in Marsh-land.

Conjuration or invocation of evil spirits, 1 Iac. 12.

Consultation with an evil spirit, &c. Vide 1 Iac. 12.

Embezeling the Kings ordnance, armour, &c. to the value of 20 shill. though at seve­ral times, 31 El. 4. Dal. 287.

Embezeling of any record, writ &c. 8 H. 6. c. 12 Dal. ibid. These two be­long not to Iu­stices of the P.

Rasing of a record is fine­able at the Kings will, &c. 8 R. 2. c 4. These two be­long not to Iu­stices of the P.

Forging of evidences, &c. the second time, 5 El. c. 14.

Gaoler enforcing his Prisoner to become an approver.

Hawks embezelled, and not brought to the Sheriff.

Hawks concealed, or stollen from the ow­ner.

Hunting Deer or Conies in the night, and upon examination concealing the offence, or disobeying the arrest for such offence.

Taking a tame beast or other thing in a park by way of robbery.

Marrying a second husband or wise, the first living, 1 Iac. c. 11.

Multiplication of gold or silver.

Infected with the plague, going into com­pany contrary to command, 1 Iac. c. 31.

Willful poisoning, if the party die within a year and a day after.

To receive, relieve or maintain Popish Priests.

Recusants refusing to abjure, or return af­ter departure.

Purveyor taking for the Kings house any thing above twelve pence.

1. Without warrant under the great seal, vide Dal. 284.

2. Buying any thing in any other man­ner then is contained in their warrant.

3. Taking any carriage in any other man­ner then is comprised in their commission.

4. Shall carry away any thing against the owners will, without paying or agreeing for the same.

5. Shall not make his provision & purvey­ance by the testimony and apprizement of the Constable and four neighbours sworn, if the purveyor and owner cannot agree, and shall not deliver Tales or Indentures sealed with his seal touching the same.

6. Or shall take more victuales or carriages then he shall deliver unto the Kings house.

7. Or take sheep in wool betwixt Easter and Midsummer at small prices, or more then be sufficient for the Kings house, and carry them to his own, and shear them.

In every of these cases it seemeth to be fe­lony in such purveyor, their deputy and ser­vants.

A Chater of any subject or officer, taking any thing against the owners consent, & not paying presently, 36 E. 3. c. 6. 7 R. 2. c. 8. 23 H. 6. c. 14. Dal. 287. Cro. 48. a.

Incorrigible Rogues banished the Realm, and returning without licence, 39 El. c. 4.

Robbing house, barn, or stable in the day, to the value of 5 shillings though no body be within, 39 El. c. 15. no Clergy.

Robbing any house by day or by night, any person being therein, and thereby put in fear: ib [...]d. without Clergy.

Robbing any person in part of his dwell­ing any of his houshould being within, ibid. without Clergy.

To rob any Booth in Fair or Market, any person thereto belonging being within sleeping or waking, ibid. sans Clergy.

Servant (other then an apprentice) to whom money, goods or chattles, &c. are de­livered to keep by master or mistress to the value of forty shill, going away therewith, or converting them to his own use, to the in­tent to sell the same, or defraud his master or mistress, 21 H. 8. cap. 7. 5 El. cap. 13. Dal. 264.

Souldiers going out of the Realm to serve a forein Prince, not having first taken the oath of allegeance, 3 Jac. c. 4. Dal. 284.

A Gentleman, or of higher degree, Captain, or other Officer in camp, going to serve a fo­reiner before he is bound with two sureties to the King, not to be reconciled to the Pope, &c. nor to make nor consent to any conspiracy against the King, 3 Jac. c. 4.

Souldiers having taken prest-money not going with their Captain; or being in ser­vice [Page 94] departing without licence, 18 H. 6. c. 19 Cook 6. 27. 7. H. 7. c. 2. 3 H. 8. c. 5.

Mariners and Gunners taking prest-money to serve the King, and departing without li­cence, 5 El. e. 5.

Souldiers and Mariners which settle not­themselves to some good course of life, but wander idlely, 39 El. c. 17

Souldiers and Mariners landing, and not having a Testimonial from some Justice of Peace near their landing, ibid.

2. Or exceeding the time limited wilfully fourteen daies. Vide 43 El. c. 3. that they shall be punished as Rogues.

3. Or forge, or have forged Testimonial; knowing it to be forged.

4. Or being retained in service after ar­raignment, doth depart within the year without the Masters licence, 39 El. c. 17.

‘In all these former cases, see the stat. 43 El. c. 3. That Souldiers and Mariners beg­ging or counterfeiting a Certificate from their Captain, &c. shall be adjudged and punished as Rogues, Dal. 285. Vide Rogues.’

Transporting live sheep, the second of­fence is felony, 8. El. c. 3.

Ravishing a woman with force, though consenting afterward, 13 E. 1. 3. W. 2. 18. El. c. 6.

All abettors in rape are principals, Dal. 289. Cro. 47. b.

To ravish a harlot against her will is rape, ibid.

To take any maid, widow; or wise having lands or goods, or being heir apparent to her ancestor, against her will, unlawfully.

And to receive any so taken knowing [Page 95] thereof, or to procure and abet the same, 3 H. 7. c. 2. Dal. Cro. ibid.

To abuse a woman carnally under 10 years of age, 18 El. c. 6.

To take a mans wife with her husbands goods against her will, or her husbands, 13 E. 1. 34. West. 2. Stamf. 94. Dal. 290. Cro. 35. a. nu. 2.

Feloniously to take goods out of any Church or Chappel, Lam. 420.

A woman delivered of a bastard, doth by drowning or secret burying thereof by her selfor other conceal the death thereof, so that it may not come to light: if it were dead born or alive, it is murder in the mother, ex­cept she can prove by one witness that the child was born dead, 21 Jac. c. 27. Dal. 290.

To acknowledge any fine, recovery, deed inrolled, flat. recog. bail or judgement in the name of another not privy to the same, is fe­lony without clergy, 21 Jac. c. 26. Dal. 284.

‘Felony done in one Kings daies may be tried in another Kings time, Cro. 37. a. nu. 31. Dal. 297.’

‘A felony is done in one county, and the felon flieth into another, and is there taken he is to be commited to the gaol of the county where he was taken, & be removed by writ to the gaol of the county where the felony was done, Dal. 298.’

‘For stealing goods in one county, and car­rying them into another county, the felon may be indicted in either county. But for robbery the indictment must be in the county where the robbery was, Dal. 298. Bro. cor. 140. indict. 26.’

‘One stealeth stollen goods, the owner may indict the first or the second Dal. 298.’

‘Any man may prosecute for stealing bona ignoti, Dal. ibid.

‘If the owner will not charge the felon, any other (after proclamation made, If any will inform for the King) may safely inform, indict and give evidence, Dalt. 298. But’

‘A Justice of Peace hearing of any that can inform, may send for him, examine him, and bind him to give evidence, Dal. 298.’

Felony of his own goods, vide Theft.

.

Ferrets, vide Hunting.

.

Fewell.

One Justice of P. may set on the Pillory, in the next Market town to the place of of­fence, any person convicted of breaking the assise of fewel, and not able to pay the forfei­ture; there to be at eleven of the clock on the Market-day, with a billet or faggot bound to some part of his body. Quaere, whether one Justice may convict him alone, 7 E. 6. cap 7. Lam. 196.

Fines.

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

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

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

Stander by when a man was slain, is to be [...]mprisoned till he make his fine, because he [...]id not his best to attach the murderer: so of [...]ther felonies, Lam. 132, 289.

Fine upon a forcible entry or detainer up­ [...]n offenders convicted of record by a Just. of [...]eace, and by him committed to the Gaol, [...]hall be assessed by the same Justice, and upon [...]onds with sureties he may enlarge them, Ta­ [...]un quaere; and estreat it, and send it into the Exchequer: but it is best to leave the fine to [...]he discretion of the Kings Bench, Lam. 158, 159. Dal. 58.

Upon conviction for offences, where no [...]ine certain is limited, no fine can be assessed [...]ill the offender be brought in by Capias pro [...]ine, or otherwise, unless it be for Alehouses and High-waies, Lam. 573.

Where any statute speaketh of fine & ran­some, the ransome ought to be at least treble [...]he fine, Lam. 575. The opinion of Sir Ed­ward Coke is, that fine and ransome are all one, vid. well discussed, Cok. institut. 127. a.

Where the statute maketh an offence fine­able in general terms, or at the Kings will, the Justices of Peace before whom the conviction [...]s had, may assess the fine, which is fittest to be done in open Sessions, Lam. 576.

Fines upon the statute of tiles, of cross-bows & of alehouses, by express words of the statute, may not be altered, Lam. 578.

Fines must be reasonable and just, accor­ding to the quality of the offence, 34 Ed. 3. cap. 1. Lam. 577.

After one is taken by a Capias pro fine, the Justices of Peace are to assess the fine by their [Page 98] discretion, and to deliver the party, Lam. 574.

Fines of Rioters, vide Riots.

.

Fines of Brewer, Baker, Tipler, vide Assise of Bread.

.

Fish.

Stealers of fish out of ponds, and cutters of ponds heads, are to be bound to the good be­haviour, and three moneths imprisonment▪ and to the party grieved his treble damages, 5 El. 21. Lam. 446. See 3 Jac. 13.

If any cast nets into waters, by which the fry of fish may be taken, or take Salmons be­twixt the nativity of Mary and S. Martin, or young Salmons betwixt the midst of April & Midsummer, one Just▪ may punish them for the first offence, by burning their nets and en­gines; for the second, by 3 moneths imprison­ment; for the third, by one years imprison­ment; & for any of them, by fine at the dis­cretion of the Just. 17. R. 2. c. 9. Lam. 190, 454, 576.

Forfeiture upon the stat. 3 Jac. c. 12. where any offence is committed, in destroying the spawn or brood of sea-fish, may be levied by distress & sale of the offenders goods, by war­rant from one Just. of P. to the Constables or Church-wardens, 3 Jac. c. 12. the forfeiture given is 10 s. the one moiety to the poor, &c. the other to the person that shall sue for the same.

He that shall by preaching, teaching, wri­ting, or shall notifie upon open speech, that the eating of fish, or forbearing of flesh upon any daies now usually observed for fish-daies, [Page 99] is for necessity of salvation of souls, or is the service of God, otherwise then other publick [...]aws be, shall be punished as spreaders of false news are and ought, &c. 5 El. c. 5. 1 Iac. c. 29, Lam. 442.

Fish-days.

Any, except aged, sick, with child, or li­censed, eating flesh in Lent, or on fish days, loseth 20 shill. and one moneths imprison­ment, 5 El. c. 5. 27 El. c. 11. Lamb. 458. 35 Eliz. cap. 7. 1 Iac. c. 29.

Taverners, Inn-keepers, common Tabling-house, Tipler, or Alehouse keeper, offending againg the statutes, 5 El. c. 5. & 1 Iac. c. 29. for killing, dressing, and eating of flesh, is to lose the flesh, and the penalty of 5 El. c. 5. which is 3 pounds 1 Iac. c. 29 Lam. 358.

Forfeiture upon the Statute 1 Iac. c. 29 for eating of flesh, except such as be taken by the Justices of Peace, Majors, Bailiffs, head offi­cers, or Constables, are to be equally divided betwixt the King and the Informer, 1 Iac. c. 29. expired.

Licence granted to sick persons to eat flesh on fish daies, shall be no warrant for them to eat beef, mutton, veal, pork, or bacon, 1 Iac. c. 29. expired.

Butcher or other, though licensed, killing in Lent to sell any oxe, beef, hog, calf, or mut­ton, except three daies next before Easter, or oxen or beef for victualling of ships, loseth the meat or value, 1 Iac. c. 29. expired.

Justice of Peace, or head-officers of corpo­rations, or Constables of Towns, may in lent search Victuallers houses suspected of dressing [Page 100] flesh; and finding any flesh, beef, hog, calf, or mutton, may seise on it, and give it to the poor, 1 Jac. c. 29. EXP.

‘Bishop of the Diocess, Parson, Vicar, or Curate of the Parish where one is sick, may grant licence for eating of flesh, which must be signed with the hand of the Bishop, Par­son, &c. and endure no longer then the sick­ness, 5 El. c. 5.’

‘Any person granting licence without need loseth five marks, and the licence is void, ibid.

Flax.

Forefeiture due to the Informer upon the statute of flax and hemp to be levied by what Process the Justice will, 24 H. 8. c. 4. Lam. 584. but 24 H. 8. c. 4. is repealed by 35 El. c. 7.

Flesh, vide Fish-daies.

.

Forein power, vide Treason.

.

Forein plea, vide Trial.

.

Force.

Every trespass in judgement of law is a force, and the action may be, quare vi & ar­mis, Dal. 199. Lam. 141.

That which is properly force, is either Manu forti, or Multitudine.

Manu forti, is violence offered to the person of another by deed or word, Dal. 199.

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

Any thing which a man taketh in his hand [...]o throw it at another, may be said to be ar­ [...]our, Cro. 74. b.

Multitudine, where there be two or three [...] a company, or more, Dal. 199.

Who shall be said to enter with force.

Forcible entry must be an actual entry, Dal. 199.

If one or more come weaponed, especially with weapons unufally worn, & violently en­ [...]er into an house or land, Lam. 142. Dal. 199.

Much more being entred, if he or they offer [...]iolence, or fear of harm to any in possession, [...]r drive any out of possession, Dal. ibid. Lam. 142.

Many come to do a force, and one only useth force, all are guilty, Dal. 204. Lam 143.

To enter peaceably, and forcibly to put out an other, Dal. ibid. Lam. ibid.

To enter peaceably, and after to offer vio­lence, threatnings, or fear of harm to one in possession, with intent to get him out, though beget him not out, Dal. ibid. Lam. ibid.

Entring peaceably, & saying they will hold, although they die for it, Lam. 146 Dal. 200.

To enter peaceably with weapons (not usually born by them) to house open, or grounds, Dal. ibid.

The Master entring with moe servants then usually, ibid.

A trespass made manu forti, or cum multitu­dine, though it be to cut or take way ano­ther mans corn, grass, or goods, or fell or crop wood, or to do any other trespass, though the party be not put out of possession, yet it seem­eth [Page 102] forcible entry punishable by the statutes but otherwise if the entry be peaceable, ye it is disseising with force, Lam. 143. Dal. 200▪

To enter peaceably, and after entry, by force or violence to cut corn, grass, wood, &c. or carry away anothers goods, is force, Dal. 200. Cro. 70. a.

To distrain for rent due or nto due with force, doth countervail a force, Dal. ibid. Lam. 144.

Divers enter where the entry is not lawful, and all save one demean themselves peacea­bly, and one only entreth with force, or after entry useth force, it is forcible entry in all▪ Cro. 22. a. nu. 15. 24. b. nu. 43. 34. b. nu. 1 [...]Lam. 143. Dal. 217.

In all these cases of trespass only the Justice o [...] Peace may, as it seemeth, remove the force, a [...] upon view imprison and fine, Dal. 200, 202. a [...] upon view the Justice may instantly commit th [...] offender, and record the force, Co. l. 8. f. 120.

Forcible entry by words.

To enter peaceably, and then to offer b [...] threatning to kill the dissessee if he re-enter▪ Dal. 200.

What is not force.

To enter by fair means, his entry being law▪ful, and perswade them within to come ou [...] and the door being open, or shut by the latch to enter without multitude, or offensiv [...] weapons, or other violence, Dal. 201.

To enter peaceably and quietly, gettin [...] other out, and quietly to hold it, Dal. ibid.

To enter peaceably into a house, and find­ [...]ng armour or weapons, not to remove them, [...]am. 145.

To take a man being out of his house, and [...]mprison him, and in the mean time to send [...]nother peaceably to enter, is no force, Lam. [...]46. Dal. 201.

He that only agreeth to a forcible entry made to his use, is only disseisor, Dal. 204.

What shall be said a forcible detainer.

Forcible detainer is of lands and tenements not of the person, Lam. 146. Dal. 201.

If entry be peaceable, and the detainer for­cible, it is punishable, except quiet possession had been had for three years, Dal. ibid.

To deny a Justice of Peace to enter (upon supposal of a forcible detainer) is forcible detainer, though it be but by one person, and no weapons shewed, Dal. ibid. P. R. 41. Lam. 145. Cro. 70. b. nu. 40.

If the Justice enter, and findeth any armed, or any armour or unusual weapons lying by them, or finde more then the ordinary fami­ly, Lam. 145. Dal. 202.

To enter peaceably, and after to bring in more weapons, or use the weapons found in the house to defend his possession, or place some with weapons in an house adjoyning ready to assail the enterers, Lam. 145. Dal. 202.

The disseiser forestalleth the way of the dis­seised with force, so that he dare not come near, Dal. 202. Lam. 145. Cro. 69. b. nu. 26.

To keep cattel by force where he hath no common, the Justice may imprison and fine, [Page 104] but not make restitution, Dal. ibid. Cro. [...] P. R. 39.

To detain a house morgaged by force fr [...] the morgager is forcible detainer, Dal. [...]0 [...]

What is forcible detainer by word [...]

To enter peaceably, and after to thre [...] to kill the disseised if he come again, D [...] 202. Lam. 146.

It seemeth to amount to a forcible detaine [...] to threaten to maim, beat, or do bodily hu [...] to the disseised if he come again, Dal. ibid▪ for that death may ensue upon such beating or hurt.

What is no forcible detainer.

One entreth peaceably into a house, and finding armour or weapons, doth not re­move them, Lam. 145.

What is not force able detainer by word.

To threaten to burn his house or spoile his goods, to deny to open the doors, to deny to go out, Dal. 202.

What is forcible detainer of rent.

The tenant resisteth so forcibly, that the owner cannot distrain for his rent, nor use his common of pasture, Dal. 203. Lam. 146. Cro. 70. a. nu. 27. P. R. 39.

The tennant forestalleth the way by force and arms, or threatneth him that hath the rent or common, that he dareth not distrain or use his common, ibid.

The tenant maketh rescuous of the distress [...]h force and arms, Dal. ibid. Cro. 69. a. [...]. 26.

[...]n these cases of rent or common, the Justice [...] remove the force, record it upon view, im­ [...]on and fine, but can award no restitution, [...]. ibid.

What persons may make a force.

One alone, if it be with offensive weapons [...] turbulent behaviour, to the affray of o­ [...]rs, Dal. [...]03. Lam. 143.

An infant of the age of 18. Dal. ibid. Cro. 69. [...]nd so he may though he be under 18.

A feme covert may by her own act make [...]rcible entry or detainer, and she may be [...]prisoned and fined, but the fine cannot be [...]ied on the husband, Dal. 204.

Consent.

If one command or counsel others to a [...]ce, and be present, though he do nothing, [...] is a principal, Dal. 204. but if absent, a dis­ [...]er.

Divers enter, one only committeth force, [...] are guilty, ibid. Cro. 22. a. nu. 15. 24. b. nu. [...] 34. b. nu. 15. Lam. 143.

Who cannot be put out.

The King cannot be disseised, therefore an [...]dictment upon the statute 8 H. 6. for the [...]g is not good; neither can the Kings Far­ [...] preser a Bill of Endictment upon the said [...]ute, but must have an Information in the [...]chequer, Dal. 205. Cro. 69. a. nu. 13.

Where one may hold with force.

Where one hath peaceably entred, and af [...] continued in quiet possession without int [...] ruption for 3 years together, Lam. 159. D [...] 210. 211. and may hire strangers to mainta [...] his possession, and have his company in [...] mour, Dal. ibid. Cro. 71. a. b. but he may not [...] sist the Justice of Peace that cometh to vie [...]

Upon inditement of forcible holding, t [...] plea of three years lawful possession next [...] fore, avoideth imprisonment, fine, and re [...] tution, Dal. 211.

But it holdeth not,

1. If the entry were forcible, though t [...] holding peaceable.

2. If the holding were forcible, thou [...] the entry peaceable.

3. If a disseiser have continued peacea [...] 3 years. Quaere if he shall be helped, by 8▪ 6. or 31 El. c. 11. If a disseiser have forcib [...] continued his possession 20 years, he m [...] be endicted upon 8 H. 6. & the Justices m [...] make restitution, 14 H. 7. c. 28. Lam. 160. D [...] 211. Cro 71. a. nu. 49.

4. If the possession of 3 years have been i [...] [...]errupted, Cro. 71. a. Lam. 162. Dal. 211.

A disseiser quietly holdeth 3 years, a [...] after the disseisee entreth or maketh clai [...] the disseiser re-entring cannot hold wi [...] force, for he is in upon a new disseising Dal. 212.

A lawful possessor, after twenty years p [...] session is outed, he can neither re-enter, [...] hold with force, ibid.

What force is lawful.

Force used by the Kings Officers for the [...]è execution or advancement of justice, or [...] the judgment of the law: as,

1. To pursue, apprehend, and carry to pri­ [...]n offenders in treason, felony, or other [...]eat crimes.

2. A Sheriff or his Officers to apprehend [...] virtue of the Kings Writ.

3. A Justice removing unlawful entries, or [...]lding of possessions, and repressing rioters, [...]al. 208.

4. Justice, Sheriff, Constables, or Coroners, [...]ay use force in apprehending or imprison­ [...]g such as in their presence attempt to dis­ [...]rb or break the Peace.

5. It is lawful by force to break open [...]ors, to arrest offenders within, if the Officer [...]nnot otherwise enter.

Note, that the Officer is first to signifie the cause of his comming, before he attempt to break open the doors, Dal. 209. as,

First, for treason, felony, or suspition of fe­ [...]ny, Cro. 170. b.

2. Where one hath dangerously wounded [...]other, Cro. 131. a.

3. An affray being in the house, Cro. 146. b.

4. Upon a forcible entry or detainer found [...] inquisition, Dal. 208.

5. Upon a Capias utlegatum in personal act­ [...]on, or Capias pro fine directed to the Sheriff, [...]ro. 170. b.

6. Upon Warrant or Process for attaching a [...] Popish Recusant excommunicate, 3 Jac. c. 4.

7. Upon Warrant for the Peace or good [Page 108] behaviour, Dal. 209, 333. but Cro. 176. b. maketh a Quaere.

8. Upon recovery in a real action, or ejecti­one firmae, but not to execute the Kings Process upon the body or goods of any person [...] the suit of any subject, Dal. 209.

9. In cases where the King is party, ibid.

Forcible defence is lawful.

1. For every man to keep his house to him­self, his family and goods, as his castle, as well for defence against injury, as for his repose, Vide plus Houses, Dal. 209.

2. In defence of husband, wife, father, mo­ther, or master, Dal. 184.

3. Father or mother in defence of the child within age, Dal. ibid.

4. In defence of my goods or my land, Dal. ibid.

‘5 An heir or feoffee may keep possession by force, if they and their ancestors or feof­fors, or they whose estate they have, have been in peaceable possession three years, Dal. 210,’

In these cases he that attempteth may be disturbed; and if he attempt to assault or lame me, I may beat him again, as well in de­fence of my person as possessions, but not kill him, Dal. ibid.

‘If one will take my goods, I must first lay my hands on him, and disturb him; if he will not desist, I may beat him, Dal. 185.’

What Justices of Peace are to doe in forcible entry or detainer.

Every Justice upon complaint or notice gi­ven, ought at the cost of the party grieved to [...]o execution: viz.

1. He must go to the place, Dal. 57. Lam. 147.

2. Take sufficient power of the County, or of the Town, and the Sheriff also (if need be) [...]s well to arrest offenders, as also for remo­ [...]ing of the force, and for conveying them to [...]he Goal, Dal. ibid. Lam. ibid.

‘Whosoever of that County shall refuse to give his attendance, and assist the Justice shall be imprisoned, and make fine, Dal. 56. 15 R. 2. c. 2.’

3. Arrest and remove all offenders, and take [...]heir weapons, and prize them for the King, Dal. ibid.

If the doors be shut, and entrance denied, [...]e may break open the house, Dal. 57. Quaere.

The Justice cannot arrest or remove them, The finde no force, except by enquiry, Dal. ib.

4. The Justice ought to make a record of [...]he force, and either keep it by him or indent [...], and certifie one part either into the Kings [...]ench, or to the Clark of the Peace, and keep [...]he other, Dal. ibid.

‘One Justice of Peace upon his own view of forcible detainer, may record the s [...]me by 15. R. 2. c. 2. Cro. 61. l. nu. 9.’

‘The Justice or Justices recording a force upon his or their view, may not put the par­ty put out into possession, but must first en­quire by a Jury, and the force being found, [Page 110] put the party outed into possession, Dal. 59.’

The record of the Justice is a sufficient con­viction of the offender, and is not traversa­ble, ibid.

5. The Justice ought to commit immedi­ately to the next Goal, those which he findeth continuing the force, until they pay their fine, ibid. & 115. or forfeit an 100 pounds, ibid.

But such force must be in the presence or view of the Justice.

6. The Justices, or some of them that see the force, are the proper Judges of that of­fence, and may assess the fine, but it must be upon every one severally, Dal. 115. and is to be st [...]eated into the Exchequer; upon which assessing and estreating the party is to be de­livered, Dal. 58. Lam. 159.

And so upon paiment of the fine to the Justice, or recognizance for paiment, Dal. 58. vide Lam. 159.

Quaere, for the Sheriff is accountable for all fines: and Lamb. adviseth to refer it over to the Kings Bench, Lam. 159.

Or the Justice may record the force, com­mit the offenders, and certifie the record to the Justices of Assize, or to the Sessions, and there the offenders be fined, Dal. 58.

But ought more properly to be assessed by them that record the force, Dal. 91. and to be of value.

Or the Justice may certifie the record into the Kings Bench, refer the fine thither, Dal. 58. which Lambert thinketh the best course▪ Lam. 159.

The fines must be reasonable, secund [...] quantitatem & qualitatem delicti, Lam. 577.

7. The force ought to be inquired of in [...]ome good place or town, neer where the [...]orce was, Da. 58. and that within a moneth, [...]f it be a riot, Dal. 115. One Justice may en­ [...]uire, Dal. 58.

Enquiry may be though the offenders be [...]ot present, or though the Justice go not to [...]ee the place where the force is. Dal. 58, Lam­ [...]ert 152.

Without enquiry there can be no restitu­ [...]on, Dal. 59. Cro. 161. b. 164. a.

Upon enquiry making, the Justice must di­ [...]ect his precept to the Sheriff to summon [...]4 of 40 shill. a year land per annum, Dal. [...]13. vid. the form, Cro. 132. b. Dal. 400.

‘If the Sheriff do not duely execute the Justices precept for the returning of a Jury, he forfeiteth 10. li. 8. H. 6. c. 9. Dal. 58.’

Upon default the Justice may award an [...]lias and pluries infinite till they come.

The Sheriff, at the day of the second pre­ [...]ept, must return 40 shill. in issues upon every [...]ne, at the third Writ 5 pound, and at every [...]ay after the double, 8 H. 6. c. 9.

If any Jurour have not 40 shillings land, [...]et the enditement is good for the King. Quare if there shall be restitution, Lam. 152. Dalton 213.

Returning of smaller issues then the statute, [...]indreth not the inquiry, Dal. ibid. Lam. ibid.

8. Upon enquiry the Justice may make re­ [...]itution, wherein the Justice needeth not to [...]xamine the title, Dal. 214. Lam. 156.

No restitution before inquisition, ibid Cro. [...]61. b. 164. a. Dal. 214.

In the inditement not onely the entry, but [Page 112] also the putting out must be, and & adhuc ex­tra tenent, Lam. 153. for lack of these words no restitution can be made, Dal. 214. Cromp. 163 b. Lam. 153.

The inditement must be good both in mat­ter and form, Dal. 215. the words manis for [...]i, or cum multitudine, are necessary, ibid.

The inditement must express the quality of the thing, whether messuage, cottage, &c. tenementum may extend to either, and so in­certain, Dal. 214.

If restitution be made by a Justice upon an insufficient enditement, the Kings Bench will restore the other, Dal, 215. Cro. 162. a.

If errour be in the enditement, any two o [...] these Justices which were at the taking of the enditement, upon prayer of the party, may grant a supersedeas to stay restitution, if resti­tution be not made, Dal. 215. Cro. 165. a.

But no Justice not present can grant a su­persedeas, ibid.

The Justice may make restitution, or give warrant to the sheriff, or certifie into the Kings Bench, and leave the award of restitu­tion to that Court, Dal. 216. Lam. 156.

None can grant restitution, but they before whom the force was found, Dal. 216. except the Kings Bench.

None can personally restore the party, but he that took the enquiry, Dal. 216. And that by precept to the Sheriff, Lam. 158.

After enquiry the Justice of Peace may break into the house by force, and put the ejected into possession, Dal. 59.

If restitution be made without enquiry, it is punishable in the star-chamber, Dal. 45.

Restitution must only be made to him that was put out, Dal. 159, 213. Lam. 153.

Restitution is to be made only of house and and, Dal. 214. but not of rent, common or [...]dvowson, Dal. 59.

Restitution may be made notwithstanding [...] traverse, Dal. 60. but upon tender of tra­verse, the safest way for the Justice is to certifie [...]he presentment into the Kings Bench, ibid.

If the Justice upon complaint or notice gi­ven of a force, do not remove the force, re­cord it, and commit the offenders, it is punish­able in the Star chamber, Dal. 60.

The offenders being gone the Justice may send his Warrant, and commit them till they finde surety of their good behaviour Dal. 60.

If force be made by three, it is a riot, Dal. 61.

The proceedings upon a Writ upon the Statute of Northampton, 2 Ed. 3. 3.

1. The Justice of Peace to whom this Writ is delivered, is but a minister therein, and coming to the place where the force is suppo­sed, by the writ he may cause three O-yes, and then make proclamation for silence, prout Dalton 61. Cro. 72. a. b. Lam 168.

2. Then may he read, or cause the Writ to be read, or declare the effect thereof.

3. Then let three O-yes be made, and make proclamation again for silence, prout Dal. 61. Cro. 72. a. Lam. 169.

4. Either enter and search for armour, or enquire by Jury, Dal. 62. Lam. ibid.

All that remain after proclamation, are to [Page 114] be imprisoned, and the armour apprized, ibid.

If upon proclamation they depart, they are not to be impr [...]soned.

The execution of the Statute of Northampton without Writ.

Every Justice of Peace may execute it [...] officio without Writ, Dal. 62. Cro. 72. a.

The difference in the manner of execution is, that without Writ there needeth no pro­clamation nor certificate into the Chancery, but the Justice may enter, search, commit th [...] offenders there found, apprize the armour record all what he shall do, and thereout sen [...] an estreat into the Exchequer, Dal. 62. Cro▪ ibid. Lam. 171.

The Justice cannot make restitution to th [...] party outed, but only remove the force, ibid Lam. 172.

Of causes to stay granting of restitution, vide Dal. 218.

Forfeitures of a Recognizance taken for the Peace.

Whatsoever is a breach of the Peace, th [...] same is a forfeiture of the recognizance, Dal 181. as,

  • 1. To threaten a man to his face to beat o [...] kill him, Cro. 136. b. Lam. 115. but not if he b [...] absent, Dal. 152.
  • 2. To strike at, or offer to strike at a man [...] though he hit him not.
  • 3. All Affraies, malicious and violent striking, or other mis-intreatings of the perso [...] of another, Dal. 181. Lam. 127.
  • [Page 115]4. To go with company or weapons unusu­al, Dal. ib [...]d. Cro. 137. a. Lam. 126.
  • 5. To command or procure another to break the peace, and if it be done indeed, Lam. 115. Dal. 182. Cro. 137. a.
  • 6. Imprisoning or arresting another with­out warrant, Lam. 127. Dal. 182.

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

To ravish a woman against her will, ibid.

To commit burglary, robbery, murder, manslaughter, or do any treason against the person of the King, Lam. 127. Dal. 182.

To be riotously assembled.

The act that breedeth the forfeiture of a recognizance of the peace, must be done un­to the person of another, Dal. 182.

Vide plus Recognizance, vide plus Breach of the Peace, and Fines.

One committed for petty larceny and con­victed thereof, shall forfeit his goods, Lam. 273. Dal. 234. Cro. 36. b. nu. 20.

Forfeitures upon statutes, vide Several sta­tutes.

Forgery.

Second forgery of deeds concerning ano­thers land after a former conviction is felony, 5 Eliz. 14. but not enquirable by the Justices of Peace, Dal. 288. Cro. 56. b. Lam. 549.

Forein plea.

One indited of petty treason, murder, or other felony, pleadeth a forein Plea triable by Jury; it shall be tried before the Justices before whom he was indicted, and by the [Page 116] Jurours of the same County, 22 H. 8. c. 14. 3 [...] H. 8. c. 3. Lam. 552.

Forrester.

Forrester, Warrener, or Parker, after Ho [...] and Cry to yield, killeth any man in his office making resistance, it is justifiable, 21 E. 1. d [...] male factoribus in Parcis, Lam. 235. Dal. 255.

Forestalling and Forestallers.

Forestaller is he that buyeth or contracteth for any victuals or wares before they come to the Market, Fair, or Port or moveth the party to inhaunce the price, or not to bring them to the Market, Fair, or Port, Lam. 450.

Forestaller convicted before the Justices of Peace at the Quarter Sessions by examination of two witnesses, or presentment for forestal­ling, for the offence shall for the first time,

1. Lose the goods, and be imprisoned two moneths wiihout bail or mainprise.

2. For the second lose double the goods, and be imprisoned for six months

3. For the third lose all his goods, stand in the pillory, and be imprisoned during the Kings pleasure, 5 E. 6. c. 14. Lam. 570.

The moity of the forfeiture upon the Sta­tute of forestallers due unto the party, is to be levied by Fieri facias or Capias, to be awarded by the Justices of Peace, Lam. 584.

Fowlers and Fowling.

Shooter; taker, or destroyer by guns, bows, setting-dogs, nets, or other engines of any Phesant, Partridge, Pigeon, Heron, Mallard, Duck, Teal, Wigeon, Growse, Heathcock, [Page 117] Moore game; or such fowls upon conviction by confession, or oath of two witnesses before two Justices of Peace, where the offence or apprehension is, to be imprisoned three moneths without bail, unless he pay to the Church-wardens of one of the places, to the use of the poor 20 shill. for every Phesant, & also for every egge of Phesant, Partridge, or Swan taken or destroyed, or after one month of his commitment become bound with two sureties in recognizance of twenty pound never to do the like, the same recognizance to be returned to the Quarter Sessions, 1 Jac. c. 27. Lam. 334. Dal. 89. 7 Jac. c. 11.

Vide Partridges and Phesants.

Games, vide Unlawful games.

.

Goal. Goaler.

Goaler or Sheriff may make a goal of his own house, so cannot a Constable nor Justice of Peace, Lam. 133. Dal. 347, 348.

Goaler suffers a felon to go at large, and he escapes; it is felony in the Goaler not in the prisoner, Lam. 229. Dal. 274. P. R. 147. 149. Dal. 278.

Goaler by hard and cruel custody compels his prisoner to become an approver, it is felo­ny, 14 E. 3. c. 10. Lam. 231, 420. Crom. 49. a. Dal. 288. as,

Goaler killeth an unruly prisoner which doth assault him; it is no felony, Lam. 235.

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

Goaler that taketh above four pence upon commitment of any prisoner arrested or atta­ched, forfeiteth to the party grieved treble damages, and 40 li. the one moity to the King, the other to the party that will sue for it, 23 H. 6. c. 10. Lam. 431.

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

Six Justices may in sundry shires take order for the common goal, wheerof the Sheriffs shall have the custody, & to which murderers and felons, &c. shall be sent, and may perform many incidents thereto by the statute, 23 H. 8. c. 2. 13 El. 25. Lam. 336. EXP.

Accountant for mony levied for the goal to build it, goeth into another County; the Justices of Peace where the goal is, may send an attachment for him, unto another shire, 23 H. 8. c. 2. 25 H. 8. c. 5. 5 El. c. 24. Lam. 525. EXP.

Goaler suffereth a prisoner to go abroad out of his sight, and he returneth not again; it is an escape, Cro. 39. b. nu. 5.

Goaler refuseth to receive one arrested for felony, the Town must keep him till the Goal delivery, Dal. 348. 349. Cro. 172. a. but the Goaler denying to receive such shall be punished by the Justices of Goal-delivery, ibid.

Goaler shall take no sees of any servant, carpenter, mason, nor other labourer com­mitted for refusing to serve, on pain of 10 li. to the King, and 100 shill. to the party, 34. F. 3. c. 9. Cro. 185. a b.

Glass-men.

Glass-men of honest life may travel with­out begging within the County, by licence of three Justices under their hands and seals, one being of the Quorum, 39 E [...]. c. 4. but by 1 Jac. c. 7. they are made rogues, and so to be punished.

Goldsmith.

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

None to gild any thing, or any mettal but silver, except spurs of Knights, and appare's of Barons, or above, upon pain of ten times the value, and a years imprisonment, 8. H. 5. c. 3. Lam. 467.

Good abearing.

Good abearing may be granted upon dis­cretion, and that by one Justice out of the Sessions; yet better not to command it but upon special cause seen to themselves, or up­on suit of others, and those very honest, and seldome for one cause, alone, and not by one Justice only, Lam. 120. Dal. 101.

Good behaviour may be granted by spe­cial Writ out of the Chancery, Custodibits pacis & vice comiti & eorum cuilibet, upon the statute of 34 Ed. 3. 1. Lam. 117. Dal. 192.

For what causes it is grantable, Dalt. 192.

  • 1. Against common barrettors, quarrelers, and disturbers of the Peace.
  • 2. Rioters.
  • 3. Liers in wait to rob.
  • 4. Generally feared or suspected to be rob­bers by the High-way.
  • 5. Such as are likely to commit murder, homicide, or other grievances to the Kings subjects in their bodies.
  • 6. Such as shall practise to poison another.
  • 7. Against all such as be of evil name or fame generally, but especially against such as are defamed in these particulars:
    • 1▪ Those that haunt bawdy-houses.
    • 2. Suspected to keep houses of common bawdery.
    • 3. Common whoremongers and common whores.
    • 4. Night-walkers that be suspected to be pilferers.
    • 5. Evesdroppers that cast mens carts and gates into ponds, and such like misdemeaners in the night; such as live idly, yet fare well, and go well clad, having little to live on, ex­cept upon examination they give good ac­count of such their living.
    • 6. Common haunters of Alehouses or Ta­verns, having small means to live on.
    • 7. Drunkards twice convicted.
    • 8. Messengers of thieves.
    • 9. Such as make false hue and cry.
    • 10. Cheaters and Couzeners.
    • 11. Libellers.
    • [Page 121]12. The putative father of a bastard.
    • 13. Unlawful hunters in Parks, after exa­mination taken.
    • 14. Abusing of officers in executing their office, as a Justice of Peace, Constable, or o­ther officer of the Peace; as a Justice seeth a man break the Peace: and doth charge him to keep the Peace; who answereth, he will not.
    • Words of contempt against a Justice of Peace, though he be not executing his office.
    • 15. Abusing a Justice of Peace his warrant.
    • 16. He that complaineth of riot or force, and the Justices being assembled for enquiry will not prosecute.
    • 17. He that chargeth one with felony be­fore a Justice and will not prosecute.
    • 18. Abusing of a Supersedeas of the Peace to a wrong end.

By divers Statutes.

  • 1. Disturbers of Preachers, 1 M. c. 3.
  • 2. Destroyers of fish-ponds, or stealers of fish, after lawful conviction, 5 El. c. 21.
  • 3. Takers of hawks or hawks eggs out of other mens grounds after a lawful con­viction, 5 El. c. 21.
  • 4. Steelers, hunters, or killers of Deer or Cony in Park or Warren after a lawful con­viction, 3 Jac. c. 13.

All these must be bound at the Sessions.

  • 5. Popish recusants must be bound in the King Bench, 23 El. c. 1.
  • [Page 122]6. One pardoned for felony, is to be bound before the Sheriff and Coroners, 10 Ed. 3. c. 3.
  • 7. Disturbers of the execution of the statute for rogues, 39 El. c. 4.
  • 8. Disturbers of execution of the statute for the poor, 39 El. c. 4.
  • 9. She that hath had twice a bastard, 7 Jac. cap. 4.
  • 10. Infected with the plague, or having their houses infected and are unruly, 1 Jac. c. 31.

Greyhounds, vide Hunting.

.

Guns and Gunners.

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

Every person may attach an offender a­gainst the statute 33 H. 8. c. 6. and carry him to a Justice of Peace, Dal. 65.

And the Justice upon examination may send him to the goal till the penalty be paid.

The particulars of the Stat. 33 Hen. 8.

None under 100 pound per annum may shoot in, or keep a gun, dag, pistol, cros-bow or stone-bow.

None may have or use any gun under three quarters of a yard in length.

One of 100 pound per annum may take such gun from the offender, or any cros-bow or stone-bow, & may keep the bow, but must break the gun.

None may travel with a gun charged, or bow bent, but in time of service, and to the musters, except he have 100 pound per an­num, Dal. 65.

None may shoot in a gun near a Market-Town, but in defence of his house or person, or at a But.

The master may not command his servant to shoot, except at a But, or in War.

  • 1. Except Serving-men (whose masters are enabled) at a But.
  • 2. Inhabitant of Market-town.
  • 3. Persons dwelling alone, or near the Sea, within five miles.
  • 4. Gun-makers.
  • 5. Those that have Placards.

All persons which shoot in guns (other then such as have 100 pound per annum) ought to present their names to the next Justice of P. and the Clark of the Peace should record it, Dal. 66. maketh quaere if it be in use.

‘The Sheriff or any of his officers may carry guns, dags, or other weapons, offen­sive or defensive, for the execution of their office, notwithstanding the statute of 33 Hen. C [...]k 5, 72. Dal. 66.’

‘Any two Justices may commit, for three months, such as shoot with gun or bow at any partridge, phesant, house-dove, mal­lard, or any fowl, or at any hare, unless he pay 20 shillings, 1 Jac. c. 27. Dal. 66.’

Vide Hunting Partridges.

Hares.

‘IF any have traced, killed, or destroyed any Hare in the snow, he loseth 6 shill. 8 pence for each Hare, 14 H. 8. c. 10. Lam. 447.’

Buying & selling of Hares, vide Partridges. See that S [...]at. 1 Jac. c. 27. in Fowlers.

Harness and Habiliments of war.

To imbezil habiliments of war, or victuals provided for souldiers, mariners, or gunners, is felony, 3 El. c. 4.

Hart proclaimed, vide Deer,

.

Harvest.

Artificers and other persons meet to la­bour, are compelled by one Just. of P. or Con­stable, and the refuser to labour in hay-time or harvest, is to be put in the Stocks two daies and one night, Lam. 475. the Consta­ble or other head-officer to do it upon pain of forty shill. 5 Eliz. cap. 4.

Hawks and Hawking.

Unlawful taker of Hawks eggs is to have three months imprisonment, there to remain till he find sureties for the good behaviour for seven years, 5 El. c. 21. Lamb. 446. vide 3 Jac. [...] cap. 13.

Taking of Hawks eggs upon ones own grounds or anothers, or any Eires, or driving them out of their covert, or bearing any Hawk of the breed of Eng. called a Nyesle, Goshawk, Tassel, Lanner, Lanneret, to be imprisoned a year and a day, and to lose 10 pounds & the Hawk, 11 H. 7. c. 17. Lam. 446.

Every Justice of Peace may examine the offences for hawking or hunting with Spa­niels in eared or codden corn, and bind over the offender with sureties to the next Sessi­ons, 23 El. c. 10. Dal. 66. Lam. 447.

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

Vide plus Larceny and Felonys

Hay and Oats.

Inholder taking any thing for litter, bak­ing horse-bread, except in Town or Village, being a thorow-fare, & being no City, Town corporate, or Market-town, the same to be of assize and weight, after the price of corn and grain in the Market, or sell horse bread, hay, oats, beans, pease, provender, and all kind of victuals, both for man and beast, for reason­able gain; for the offence,

  • 1. Fined.
  • 2. Imprisoned for a month without bail.
  • 3. Stand on the Pillory without redemp­tion of mony.
  • 4. Fore-judged for keeping Inne again, 21 Jac. c. 11.

Hedge-breakers.

Breakers and cutters of hedges, pales, rails, or fences, cutters and carrier, away of corn growing, robbers of orchards or gardens, pullers up of fruit-trees, with intent to carry away; cutters or spoilers of woods, poles, or standing trees, convicted before a Justice of that County where the offence shall be done, by confession, or one witness upon oath, are to render such damage as the Justice shall limit; and if not able, to be whipped by the Consta­ble, who for default in his office, is to be com­mitted without bail, till he cause it to be done, 43 El. c. 7. Lam. 302. Dal. 143.

No Justice to proceed against such trespasses for offences done to himselfe, without assist­ance of another Justice, ibid.

The second offence is whipping, 43 El. c. 7.

High-waies.

One Justice may cause high-waies to Mar­kets to be enlarged, & cleansed of bushes and trees, 13 E. I. c. 5. Dal. 67.

Every Justice may present upon his own knowledge in open general Sessions, any high­waies insufficiently repaired, or any default a­gainst the statute 2 & 3 Ph. & Mar. c. 8. & 5 El. c. 13. and such presentment is as good as the presentment of twelve men; and thereupon the Sessions may assess the same, though the presented be absent, saving to the offender his traverse, Dal. 67 Cro. 125. b. 195. a. nu. 5.

The defaults contrary to these Statutes.

1. If the Constables and Church-wardens do not on Tuesday or Wednesday in Easter week call together a number of Parishioners, and chuse surveyours for high-waies.

2. If six daies be not by them then appoin­ted for mending high-wales before Midsum­mer.

3. If notice be not given by them openly in the Church the Sunday after Easter of the said six daies.

4. If he that hath a plow land in tillage, or pasture, or draught, do not for every draught or plow-land send one cart with two able men to work eight hours of every of the said six daies, 20 shill.

And every other Parishioner having 5 li. in goods 40 s. in lands in the subsidy, must find every day two able men, or lose 10 shill. and every cottage one, or lose 12 pence a day.

But 18. El. 9. he that occupeith a Plow-land in several Parishes, only where he dwelleth; and he which hath plow-land in several Pari­shes, shall be charged in each town, Dal. 68. Cro. 82. b.

5. If the carriages be not thought needful by the surveyors, then two able men for every [...]art spared, upon pain to forfeit for every one not sent 12 pence, 2 & 3 P. & M. cap. 8 Cro. 82. b.

6. If fences, hedges and ditches next ad­joining to the high-waies be not kept low, scowred, and repaired.

7. If all trees and bushes growing in the high waies be not cut down by the owner of the land, upon pain of 10 shill. for every de­fault, 5 El. c. 13. 18 El. c. 9.

8. If any chosen to be surveyors refuse the office, or do not execute it, penalty 20 shil. 2 & 3 P. & M. c. 8.

6. If the surveyor do not within one month next after the offence committed, pre­sent it to the next Justice, he forfeiteth 40 shil. 5 El. c. 13. 29 El. c. 5

10. If the Bailiff or Constable who receiv­eth the estreats, do not levy the same, or make not a true account and paiment of all sums levied to the Constable and Church-wardens, or the Constables and Church-war­dens have not imploied them upon the high-waies.

If the surveyors do certifie the next Just. within a month, the Justice ought to certifie the presentment at the next Sessions, penalty five pounds.

If the surveyors present not till after the month, and the Justices do certifie it at the [Page 128] next Sessions, it is not good against the offen­ders, Dal. 70.

Two Justices, one being of the Quorum, may call those to whom the estreats are deli­vered, to their account, betwixt the first of March and last of April, and compel them to pay all such arrerages as they shall adjudge to the Constables and Church-wardens, or im­prison them till payment of such arrerages be made, and call the Surveyors, and Constables, and Church-wardens to an account.

All fines at the Sessions for high-waies, shall be levied by estreats indented, sealed, and signed by the Clark of the Peace, and deliver­ed by him within six weeks after Michaelmas, Dalion 71. as by statute is appointed, vide Statute.

The Bishop, Chancellor and three Justices of Peace, may examine the bestowing of any mony appointed by any stat. for the amend­ing high-waies or Bridges, and call to account the detainer thereof, 14 El. c. 5. 39 El. c. 18. Lam. 366.

Upon endictment for repair of bridges in high-waies, there shall be like process as the Kings Bench useth, or such as the Justices of Peace think meet, 22 H. 8. c. 5. Lam. 523.

High-waies leading from one Market Town to another, shall neither have dike, under­wood, or bush, whereby a man may lurk to do hurt, within two hundred foot of one side or other: if default be in the Lord, and any robbery be done therein, he must be answer­able for it; and the Lord of a Park must set it two hundred foot on each side from the way, or a sufficient wall, dike, hedge, or pale, [Page 129] that the offenders cannot pass, Dal. 133.

Homicide.

Homicide is the killing of a man by a man, Dal. 234.

It is no difference whether the slain be ali­ [...]n, denison, or English man, if he lives under [...]he Kings protection Lam. 237. Crom. 21. a. nu. [...]. Dal. 239.

To kill one attainted of treason, or of felony, [...]r outlawed for felony, or attainted in Pre­ [...]unire, is felony, Dal. 239. Cro. 24. a. nu. 39. [...]tamford 13. quaere.

Homicide is either killing himselfe, felo de [...]e, or another.

Felo de se forfeiteth to the King his goods [...]nd chattels real and personal, and his debts [...]ue by speciality, Dalt. 240. but no lands, nor [...]loud corrupted, ibid.

His goods are not forfeited till his death, [...]bid.

Infant, or non compos-mentis do not forfeit; [...]ut a lunatick killing himselfe out of his [...]unacy, doth forfeit his goods, Dal. 240.

Homicide of another is

  • Voluntary,
  • Involuntary.

Voluntary is

  • Murder, vide Murder,
  • Manslaughter.

Manslaughter is when two fight together [...]pon the sudden, without malice precedent, [...]nd one of them doth kill the other, Cro. 26 [...]. Lam. 248. Dal. 247.

Manslaugh­ter is

  • By chance medly.
  • Se defen­dendo
    • person.
    • house and goods,

Manslaughter by chance-medly is felony, [Page 130] but may have his clergy, Dal. 247.

One fighting breaks his weapon, a stander by lends him another, whereby the other is killed; it is manslaughter in the lender, Dal. ibid. Cro. 26. b. nu. 12. Lam. 252.

Two fighting on the sudden, part, and meet again, one killeth the other; it is a con­tinued fray, Dal. ibid. Lam. 250. Crom. 23. b. nu. 31. & 24. a. nu. 36. & 26 a. nu. 9.

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

Two that were in malice are reconciled, fall out upon a new occasion, and one is kil­led; it is manslaughter only, Lam. 250. Dal. 248.

Se defendendo, when one killeth another in the necessary defence of himselfe or his, thereby to save himselfe or his possessions or goods, or some other persons which he is bound to defend from peril, and it is either a­gainst a felon, as murderer or thief, or a loial subject, Lam. 252. Dal. 253.

Against a loial subject, if he be assailed by another man, he must flie so much as he may till he be letted by some wall, ditch, hedge, prease of people, or other impediment, that his necessity of defence may seem inevitable, and he shall be committed till the time of his triall, lose his goods, and seek his pardon, Lam. 253. Dal. 254. It is not material though he strike again, if before he give any deadly wound he flie to the streight.

‘A man flieth to a wall, and holding out his [Page 131] weapon, the other runneth upon it and is slain, it is se defendendo, and forfeiteth his goods Dal. 274. Cro. 28. a nu. 7. But if he had fallen on the ground & drawn his knife, and the other fall on it, and killeth himselfe, he forfeiteth no goods, for he could not flie and the slain is in a sort felo de se, ibid. P. R. 122. b. [...]tam. 1 [...]. a.’

Neither is it material though there were former malice, unless he lie in wait for the o­ [...]her, or agree for the place of fight, or strike [...]he first stroke, Lamb. 253. Dal. 254.

Or assaulted in his own house upon a sud­ [...]en quarrel, and thereby killeth him, La. 254. [...]ut he forfeiteth his goods and must have his [...]ardon of course, except the assailant came with a felonious intent to kill or rob him, Dal. 254. Cro. 28. a nu. 6. Lam. 254.

A man falleth to the ground, there his fly­ [...]ng to a streight is not necessary, Dal. 255.

An officer or minister of justice, in execu­ [...]ing his office being assaulted, is not bound to [...]ie, Dal. 255. Coke 9, 98.

A servant killing him who robbed or kil­led his master, so it be done presently, or in defence of his masters person or goods, if it cannot otherwise be avoided, Dal. ibid. Cro. 28. nu. 4.

Forester, Parker, or Warrener, or any in their company, killing an offender in a Forest, Park, or Warren, after hue and cry to keep the P., if they yield not themselves, but flie, or defend themselves by violence, is no fe­lony, Dal. 255. Quaere if there be no malice in the keeper, Cro. 30. b.

In defence of my house & goods, it is justi­fiable [Page 132] by me, my servants or company, to kill one who attempteth feloniously to murder or rob me in my dwelling-house, or in or near a high-way, horse-way, or foot-way, or burg­larily to break my house in the night, Dal. 254. Crom. 27. b. nu. 1. Vide Lam. 240. of one entring by force in the day, and killing in the dark.

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

In defence of the possession of my goods, I may justifie to beat him that wrongfully ta­keth them, but not kill him, except he be a thief, Dal. 255. Vide Assault.

To kill a true man, in defence of house, land, or goods, is manslaughter, Dal. ibid. Cro. 27. b. nu. 4.

Involuntary homi­cide is by Mis-adventure, necessity.

By misadventure is, when a man doing a lawful act, without any evil intent, killeth a man: this is not felony of death, but he shall have his pardon of course for life and lands, but forfeiteth his goods, Dalt. 249. Lamb. 254.

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

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

The killing of a man in doing of an unlaw­ful [Page 133] act, without evil intent, is felony, as shooting arrows, casting stones into high-waies or other place whither men usually re­sort, Dal. 250.

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

Quaere if playing at hand-sword, bucklers, foot-ball, wrestling and such like, whereby a man is slain or receiveth hurt, & dieth within the year and day, be felony of death, or may have their pardon of course quaere similiter of [...]asting a stone at bird or beast.

A man may be slain by the fall of a house or tree, &c. and killed by a bull, bear, horse, dogge, &c. or by some fall which he taketh, Dal. 251. if it be through the wilful default of [...]nother, it is felony.

The thing which causeth the death is a Deo­ [...]and, and so forfeiteth to the King, Crom. 31. [...]. Dal. 251.

The forfeiture hath relation from the [...]roke given.

Deodands are not forfeited till the matter [...] found on record, Dal. 251.

The Jury which findeth the death of a man, [...]ust find and apprize the Deodand. It beho­ [...]eth the Town to see it forth coming, for the [...]heriff shall be charged with the price; and [...]all levy the same on the Town, Dal. ibid. [...]tam. 21.

If the slain be under 14 years of age, no­ [...]ing is forfeited as a Deodand, Dal ibid. Stam. [...]1. &c.

Homicide by neces­sity is Commanded, Tolerated.

Commanded.

An officer doth execution after judgement, according to his warrant; it is not properly homicide but justice, Lam. 234. Dal. 252.

If the officer doth not observe order of law, it is felony in the officer, Dal. ibid. Lam. 240. Stam. 13.

‘If a stranger, not lawfully deputed, put to death one condemned to die, it is felony, Dal. ibid. Lam. ibid.

‘It is not lawful for the Judge, who co­demned him to be put to death, ibid.

Tolerated.

One warranted to arrest one indicted [...] felony, upon resistance killeth him, Dal. ibid. Lam. 234.

Every private person upon hue and cry t [...] take a felon, if he resist and will not yield may kill him, ibid.

Conducters of a felon to the Gaol, upo [...] resistance or flight may kill him, Dal. 253▪ Lam. 234.

A prisoner in the Gaol attempteth to e [...] cape, and striketh the Gaoler, he killeth th [...] prisoner, it is not felony, ibid.

Rioters, forcible enterers or detainers, th [...] shall resist the Justice of Peace, or other th [...] Kings officers, & will not yield themselves being slain, it is no felony, Cro. 23. b. nu. 2 [...] 30. b. 158. b. Lam. 235. Dal. 253.

If an officer, by virtue of the Kings proce [...] arresting one for debt, or trespass, is resist [...] and killeth the resister, it hath been taken [...] be no felony, Dal. 253. Cro. 24. a. 30. b. Quae [...] Cok. lib. 4. fol. 40. 41.

To kill a true man in defence of house, lands, or goods, is homicide by necessity, Dal. 254.

In all these former cases there must be inevita­ble necessity, that the offender could not be taken without killing, Dal. 253.

Horses and Mares.

Any Justice may hear and take the claim of the owner of any horse, &c. which was stollen within six months after the sail thereof, the proof to be made by two witnesses upon oath within forty daies next ensuing the said claim, Dal. 73. Lam. 203. 31. Eliz. c. 12.

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

Owner, officer, or ruler of any fair, is to ap­point an open place for sale of horses, &c. and a sufficient person to take toll, or lose forty shillings for every fault, and answer the party grieved, 2, 3 P. & M. c. 4. Lam. 471.

The sale of every horse not being accor­ding to the stat. in every point, is void, Dal. 73. Lam. 472.

1. The horse must be one hour at the least in the place of the open fair.

2. All the parties to the bargain being in [...]he fair, must come with the horse to the book-keeper.

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

4. The voucher must know the seller in­deed, and declare to the book-keeper the [Page 136] Christian name, surname, mystery and dwel­ling, as well of himselfe, as of the seller.

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

Every contract for a stollen horse out of the fair is void, though it be after booked, Dal. 74.

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

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

A thief selleth a stollen horse by a false name, and is so entred in the toll-book; such mis-naming maketh the sale void against the owner, Dal. 74.

Horse-bread.

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

Inholder or ostler in a thorow fair Town being no City, town corporate, or market town, being a baker, and one that hath been an apprentice therein seven years, may make horse-bread within his house, 21 Jac▪ cap. 21.

The horse-bread must be sufficient, lawful▪ and of due assize, according to the price o [...] corn, 21 Jac. 21.

Penalty

  • 1. Fine.
  • 2. Imprisonment for a month without bail.
  • 3. Stand in the Pillory without redemption of money.
  • 4. Forejudged for keeping Inne again, 21 Jac. c. 21.

Vide Inne-holder.

Hospital.

The Bishop and his Chancellour, with two Justices of Peace next inhabiting, may charge [...]he collectors of a revenue of an Hospital, up­on a pain, presently to account, and to imploy the surplusage to the use of the Hospital, Lam. 356. 14. Eliz. c. 5. 39 El. c. 18.

Hospitality; vide Religious house.

.

House.

1. A mans house is his castle for defence, Dal. 209.

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

3. In some cases it is a privilege against the Kings Prerogative; for it hath been adjudged that Salt-peter men may not digge in a Mansion-house without the owners consent, ibid. Coke lib. 11. fol. 82.

Thieves or murderers attemping to rob or murder a man in his house, he may assemble company and kill any of them, and forfeiteth nothing, ibid.

He may beat him that will enter upon h [...]s possession, but may not kill him. Quaere if he [Page 138] may hire strangers to aid him, or put his or­dinary company in armour, Dal. 209.

Vide plus Homicide.

House of Correction.

House of Correction with implements and backsides fitting for setting on work idle per­sons, to be erected and provided in a conve­nient place in every County before Michael­mas 1611. the same to be conveyed over to such as by the greatest part of the Justices at the Quarter-Sessions shall be chosen to be im­ployed for setting on work idle and disorder­ly persons, on pain of 5 li. for every Justice of Peace, the one moiety to the informer, the other towards the erecting of the house, [...] Jac. c. 4.

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

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

Constables shall appear before the Justices of Peace twice in the year, and give account upon oath of writing, under the hand of the minister, what rogues have been apprehen­ded, and how many punished, 7 Iac c. 4.

Constables not safely conveying to the [Page 139] house of Correction such as by the Justices of Peace at their meeting for the execution of the Statute 7 Iac. c. 4. shall be sent thither, [...]o pay such fine under forty shillings, as by most of the Justices shall be assessed, 7 Iac. c. 4.

A woman having a bastard which may be chargeable to the Parish, for the first offence to be sent to the house of correction one year, for the second offence to be sent to the house of correction and to remain there (as afore­said) till she finde sureties for the good beha­viour, and not to offend so again, 7 Iac. c. 4.

Any able to work and threatning to run a­way and leave their families upon the Parish, upon oath of two witnesses before two Ju­stices of the said division, to put in sureties for discharge of the Parish, or to be sent to the house of correction, 7 Iac. c. 4.

Master of the house of correction quarterly at the Sessions must yield account of such as have been committed, or is to be fined by most of the Justices, 7 Iac. c. 4.

If any committed become troublesome to the countrey by going abroad, or escape without lawful delivery, the Master is to be fined by most of the Justices at the Q. Sessions, 7 Iac. c. 4.

All penalties not limited by the statute 4 Iac. 4. shall be paid to the Treasurer, and accounted by him, 7 Iac. c. 4.

Vide plus Poor people.

Hunting.

One Justice of Peace, upon information of any unlawful hunting of Deer or Conies by night, or with painted faces, or other disgui­sing [Page 140] in forrest, park, or warren may make warrant to the Sheriff, Constable, Bailiff, or other officer, to take the party suspected and to bring him before him, or some other Ju­stice, to examine him thereof; and if he conceal the hunting, or any offender with him therein; the concealment is felony in the concealer, but the truth confessed is but fineable at the next Quarter Sessions, 1 H. 7 c. 7. Lam. 191. Dal. 180.

To disobey such a warrant, or make rescous thereupon, so that execution of that warrant be not had, is felony, 1 H. 7. c. 7. Dal. 75.

The Justice of Peace that taketh examina­tion of the offender for unlawful hunting in parks, &c. may after the examination bind the offender to his good behaviour, to the end he be forth-coming till the offence and the offender be lawfully examin'd, Da. 75. 76.

Unlawfully hunting by three or more will prove a riot, Dal. 76.

Any by night or day wrongfully entring in­to any inclosed ground, kept for keeping of Deer or Conies, and there chasing or killing of them, upon conviction to be imprisoned three months without bail, and there to continue till he pay treble damages and costs to be assessed by the Justices before whom he is convicted, or pay to the party grieved ten pound for Deer at the election of the party grieved, 7 Iac. c. 13. and find sureties for his good behaviour for seven years, 3 Iac. c. 13. 7 Iac. c. 13. Lam. 449.

The party grieved or the Justices of Peace, upon satisfaction of the party grieved, and confession of his offence and that he is sorry [Page 141] for the same, in open Sessions, may release the offender of his bond for the good behaviour, 3 Iac. c. 13.

The statute, 3 Iac. c. 13. doth not punish offenders in parks or inclosed grounds made after the statute, without the Kings licence, 3 Iac. c. 13.

Enquiring, hearing and determining of of­fences against the Statute, 3 Iac. c. 13. may be made by the Justice of Peace and Goal-deli­very at the Sessions, and they may award process, upon indictments, informations, bills of complaint, or other actions where­in no essoin, &c. 3 Iac. c. 13.

Any not having lands of inheritance in his own or wives right of the clear yearly value of 10 li. or for term of life of 30 li. per an­num, or goods to his own use worth 200 li. keeping Greyhound to course Deer or Hare, except the son of a Knight or Baron of Parlia­ment, or son and heir of an esquire, upon conviction by confession or oath of two wit­nesses before two Justices of Peace, where the offence is committed, the party apprehended to be imprisoned three months without bail, except he presently pay to the Churchwar­dens where the offence was committed, or party apprehended, 40. shill. to the use of the poor of the said Parish, 1 Iac. c. 27.

Any having lands in fee-simple, or fee tail of 100 li. per annum, finding any not having lands of 40 li. per annum, nor worth 200 li. in goods, to use any gun, bow, dogs, or engines for killing of deer or hare, except parker or warrener, or owners of either of them, or other grounds inclosed for deer or conies, [Page 142] that shall be yearly worth 40 shill. may take any their guns, bows, engines and dogs, and keep them to his own use, 3 Jac. c. 13.

Lay person not having in lands 40 s. per annum, spiritual person a benifice not 10 li. per annum, keeping dogs to hunt, or using ferrets, &c. shall be imprisoned for a year, 13 R. 2. c. 13. Vide Parks.

Hundred.

Hundred with the liberties therein to be equally taxed by two Justices of Peace, one to be of the Quorum, in or neer the hundred, for relief of those that are robbed, 27 Eliz. c. 13. Dal. 132, 299.

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

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

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

If he knew any of the robbers before such action, he shall be bound before the said Ju­stice to prosecute the offenders effectually by indictment, or otherwise by course of law, Dal. 131.

The hundred must answer the loss, if the robbers be not taken within 40 daies, Dal. 131, 299. Cro. 179. a. Vide Robbery.

A man is slain in the day time out of a town, [Page 143] and the murderer doth escape, the hundred shall be charged there with, 299:

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

‘Robbery in a house doth not charge the hundred, though it be in the day-time, Dal. 133.’

‘Robbery in the night doth not charge the hundred, yet if it be by day-light, though before sun-rising or after sun-setting, the hundred shall answer it, Dal. 133 Coke l. 7. fol. 6.’

‘If upon pursuit, the offenders or any of them be taken, the hundred shall not be charged, Dal. 133.’

‘If the party robbed take any of the thieves after Hue and Cry made, it excuseth the hundred, Dal. ibid. Cro. 179. b.’

‘He which is robbed shall not have his action where one of the felons is taken, but if there be no Hue and Cry the village shall be amerced, though one of the felons be ta­ken, Cro. 179. b.’

Vide plus Hue and Cry.

Hue and Cry.

For the apprehending of homicides, bur­glars, robbers, and other felons, hue and cry shall be made, and every man shall follow the hue and cry; and he that doth not, shall be attached to appear before the Justices of Goal-delivery. It seemeth any Justice of Peace may bind him over by the commission, Dal. 299. Cro. 179. b.

Hue and Cry ought to be made from town to town, from country to country, by horse­men [Page 144] and foot-men, 13 Ed. 1. c. 12. 27 El. c. 13. Dal. 75. Cr [...]. 178. b. 179. a. b. otherwise it is no lawful pursuit to arraign a felon.

Upon committing of any robbery or felo­ny, the officer of the town where it was done ought to send hue and cry to every town round about him, Dal. 75. Cro. 178. b. nu. 2.

Every Justice of Peace may cause hue and cry, fresh suit and search to be made upon any murder, robbery, theft, or other felony committed by force of the first assignavimus, Dal. 49, 75. Lam. 185.

By a false hue and cry to enter into any house with the Constable, to binde and rob the Constable and master of the house in the night, is burglary, Dal. 257. Cro. 32. b. nu. 24. Lam. 263.

Vide plus Robbery.

‘The inhabitants of any hundred (either within the county wherein the robbery was done, or in any other county wherein de­fault shall be of fresh suit after hue and cry made shall satisfie the moiety of such mony as shall be recovered against the hundred where the robbery was done, Dal. 132.’

‘In levying hue and cry it is necessary to give notice of the thing stollen, as horse &c. of the colour and special marks; so of the thieves person apparel, &c. to search suspe­cted places and to take suspitious persons, and bring them before a Justice of Peace to [...]e [...]xamined. [...]ro. 178. b.’

‘If any raise hue and cry without cause, be shall be attached for disturbing the Peace, Cro. 179. a.’

Jesuites and Seminary Priests.

ANy Justice of Peace within the County in which any Jesuite, Seminary Priests, or other Priests, Deacons, religious or Ecclesia­stical person shall arrive or land, may within three daies after take the submission, oath and acknowledgement of him touching his obe­dience to the King and laws provided in cases of religion, 27 E [...]. c. [...]. Lam. 198. Dal. 104.

Every one understanding that any such Priest, &c. shall be within any of the Kings dominions; ought to discover the same to some Justice or other superiour officer within ten daies after such knowledge, under the pain of fine & imprisonment; and the Justice within 28 daies must give information there­of to one of the privy-Councel, on pain of 200 marks, 27 El. c. 2. Lam. 198. Dal. 104.

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

To receive Jesuites or Seminary Priests, contrary to the statute, is felony, Lam. 414. 27 El. c. 2.

Any within three daies after the offence committed, discovering to any Just. of Peace, any Recusant, Seminary, or Popish [...]riest or any Mass to have been said (any of them then [Page 146] present there, (if by reason of his discovery, any offender be taken and convicted, he shall be freed from the danger of the of­fence, & have the third part of the forfeiture by such offence, 3 Jac. c. 5. Lam. 199. Dal. 106.

Imprisonments, vide Prison.

.

Indictments, vide Enditements.

.

Information.

Information against a felon, whether if shall be taken by oath or no, is uncertain, but Lamb. 213, 214, 215. & Dal. 307. & Cro. 194. a. nu. 5. do best allow it by oath, & so do divers Judges in their circuits.

No process can be awarded upon informa­tion of a [...]private person, unless where the statute particularly warranteth inquiry by in­formation, as the stat. of 5 El. c. 4. of labourers, 5 El. c. 21. of taking of fish, deer, or hawks.

Information of such as bring a felon, must be taken by a Justice of Peace: so much there­of as is material he must put in writing within two daies after the examination, Lame 212. 2 & 3 Ph. & Mu. c. 10. Dal. 303.

Two inform against another in matter of felony, and do vary in their tales, viz. in the day and place when and where it was com­mitted; such information is not to be cre­dited, Dal. 303. Cro. 100. a.

The bringer of the suspected will not inform, it is meet to bind him over to give evidence, Dal. 206.

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

‘It is not necessary in an information for the King to recite the statute upon which the Bill is framed, but to say contra formam statuti in hujusmodi casu editi & provisi, Cro. 104. b. nu. 50, 53.’

Informers and Promoters.

Informer compounding for any offence againg a penal law, without consent of some of the Courts of Westminster, or willingly delaying or discontinuing a sult, loseth 10 li­and is to stand in the pillory being convict thereof at the Quarter Sessions, 18 El. c. 5. 27 El. c. 10. Lam. 439, 609. the same to be heard at the Quarter Sessions.

‘All actions for any offences against any penal statute, shall be commenced in the County only where the offence was com­mitted, and upon the defendants pleading Nihil debet, or Not guilty, the plaintiff must prove, 1. the offence, 2. to be done in the county, 21 Jac. c. 4.’

‘No officer shall receive, file, or enter of re­cord, any information, Bill, &c. untill the informer hath taken his oath before some Judge of that court, that the offence was done in the same county within a year before the information or suit, 21 Jac. c. 4.’

Ingrosser.

Ingrosser is he that by any contract (unless by grant of land or tithe) buyeth corn on the ground or other dead victuals, to the in­tent to sell them again, except buyers of bar­ley or oats, to make malt or oat-meal. Victu­allers not forestalling, Badgers & Drovers not [Page 148] abusing their lawful licence, buyers of forein commodities, except fish & salt, are excepted; 5 Ed. 6. c. 14. 5 El. c. 12. 13 El. c. 25. Lam. 451.

In-holder

In-holder taking any thing for litter, or excessively for hay, or above a half penny a bushel above the market for oats, loseth four times the value of the overplus, 13 R. 2. c. 8. 4. H. 4. c. 25. Lam. 473. repealed by 21. Jac. c. 21. Vide plus Horse-bread.

In-holder or Alehouse-keeper may be compelled by a Constable to lodge strangers, Dal. 28.

In-holder that suffereth a non-inhabitant to tipple in his house, shall incur the penalty limited, 1 Jac. c. 9. 1 Car. c. 4.

In-keeper, Taverner, Victualler, is within the statute, 1 Jac. 9. c. 4. Jac. c. 5. 1 Car. c. 4.

Inmates, vide Cottages.

.

Inrolement.

One Justice of Peace may joyn with the Clark of the Peace in taking an inrolement of an indenture of bargain and sale of lands, &c. lying in the same county, and either of them is to have 12 d. if the land exceed not in value 40 shill. a year; and if it do, then 2 shill. 6 pence a piece, and taking above, fined, 27 H. 8. c. 16. Lam. 196, 369, 393, 436.

Issues.

The Sheriff that gathereth other estreats of issues then of right are due, forfeiteth 5 marks to the King, as much to the party, 27 El. c. 7. [Page 149] Cro. 201. a. Lam. 432. Forfeitures of issues by [...]urors are to be levied by records of executi­on awarded by the Justices of Peace, 27 Eliz. c. 7. Lam. 585.

Judgement.

Ambiguity arising in judgement betwixt the Justices of Peace, they shall forbear to proceed till the Judges come; but if they will proceed, the judgement is not void, but must be reversed, Lam 568. the commission it self.

Where the statute appointeth a punishment, there judgement must be according to the statute, Lam. 570.

Upon trespass, riots, and such other offen­ces, where no forfeiture is prescribed, judge­ment is to be taken and ransomed, Lam. 570.

Vide plus the several offences.

Juglers, vide Licence.

.

Jurors.

Jurors both for enquiry and trial, ought to be Probi & legales homine [...], Lam. 396.

What persons may not be Jurors, and being Jurors make present­ments void, unless there be twelve besides.

1. Attainted in conspiracy, 2. Attaint, 3. Decies tantum, 4. Subornation of perjury, 5. Concealment they be not probi, & their pre­sentment void unless there be twelve besides them that are not blemished, Lam. 396. [Page 150] 6. Outlawed, 7. Abjured, 8. Condemned in a Praemunire, 9. Attainted of treason, 10. Fe­lony, &c. ibid. 11. Women, 12. Infants under 14 years of age, 13. Aliens, 14. Clergy-men, ibid.

Jurors must be inhabitants or free-holders within the County, to the value of 40 s. per annum, but in Cities and Boroughs to the va­lue of forty shill, in goods, Lam. 396, 397.

Jurors for trial of an indictment within the County Palatine of Lancaster must have 5 pound per annum, ib.

Juror 70 years old or decrepit returned by the Sheriff must serve if the Just. will; but he may sue the Sheriff upon the Statute of West­minister 2. c. 38. Lam. 397.

Juror exempted by Charter with these words Licet tangat nos, is to be discharged up­on his appearance, but he ought to shew it to the Sheriff, ibid.

When there is want of sufficient Jurors, no exemption can discharge, ibid.

Presentment is good though some of the Jurors be allied to him that procureth the presentment: but it is no discretion in the Justices to suffer any such to be impanelled, Lam. 398.

If the particular Juries for the hundred can­not be supplied by those of the hundred, it is better to take Tales de circumstantibus of other hundreds, then to be renewed with a Tales from Sessions to Sessions, Lam. 398.

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

Justices may command the Sheriff to alter the panel, & he refusing forfeiteth 20 pound, ibid. 3 H. 8. c. 12.

All the Jurors must be sworn, otherwise [...]heir presentments are void: but the Record [...]eing that all the Jurors were sworn, the pre­ [...]ntments are good though all be not sworn, [...]am. 399.

Juror after he is sworn, upon cause may be [...]emoved by the Justices, Lam. 400.

Jury after swearing adjourned to another [...]ime, may be then sworn again, ibid.

Jurors of enquiry must be twelve, but there [...]ay be more, and it is best to have them odd, Lam. 400.

If twelve Jurors do agree, the residue can­ [...]ot gain-say, ibid.

Juries of enquiry ought not to be commit­ [...]ed to a keeper, not kept without victuals, nor [...]arried out of the town, but may be adjourn­ed to another place to give up their verdict, Lam. 400.

Jurors which do wilfully conceal offences presentable, and which be complained of by bill, may be enquired of by persons whereof e­very one may dispend forty shill. per annum; and such concealment being found within a year after, every Juror shall be amerced in open Sessions, 3 Hen. 7. c. 1. Lam. 400, 401.

Jurors that discover what they have done, are to be fined, Lam. 402.

Juror taking any thing to make a favour­able presentment, shall be imprisoned and ransomed, Lam. 441. Cro. 84. a. 5 Ed. 3. c. 10.

No Juror to be returned without an additi­on whereby he may be known, 27 El. c. 7. Lam. 432.

Vide plus Challenge.

Justices of the Peace.

Justices of the Peace were created 1 El. 3. c. 15. Dal. 6. Lam. 20.

Justice of Peace is Judge of Record, Dal. 7. Cro. 120. a. nu. 1. Lam. 62.

He may take a recogniz. of Peace, which none can do but a Judge of Record, Dal. 8. Lam. 186. Crom. 196. a. num. 1.

His warrant is not disputable by the Con­stable, but it is to be understood when the Just. of Peace hath jurisdiction of the cause, Dal. 8. Cro. 147. b. Lamb. 65, 91.

His testimony in some cases is of as great force, and in some cases greater then an in­dictment of 12 men upon oath, as in the cases of force, riots, presentments of high-waies, Dal. 9. Lam. 65.

The authority granted to the Justices of P. by commission doth determine by death of the King, or at the Kings pleasure. As to be discharged by Writ under the great Seal, 2. By Supersedeas. 3. By granting a new commission and knowledge thereof, Dal. 11. rom. 188. a. Lam. 69.

2. By publishing the new commission at As­sizes or Sessions, or any County Court.

3. By holding open Sessions by virtue of the new commission, Dal. 11. Cro. 188. a. Lam. 69.

‘4. By accession of another office; as being Sheriff or Coroner of the County, Cro. 121. nu. 13, 14. but so doth not the addition of a greater name of dignity, as Knight, Serjeant, at Law, Cro. 188. a.’

Exercising the office of a Just. of Peace be­fore oath taken, is fineable, Dal. 15, 352.

Justice of Peace hath not authority but in the County where he is Justice, Dal. 23.

Justice of Peace is not to meddle with offen­ces done out of the County, except some sta­tute enable him, or some matter of Peace or Felony, Dal. 23. Cro. 120. b. nu. 12.

Justice of Peace is not to intermeddle in a­ny City or Corporation which have their pro­per Justices, Dal. 23. Crom. 8. a. nu. 30. 181. b. 189. a. Lam. 47. Cro. 121. a. nu. 20. 1 & 2 P. & M. c. 18.

Justices of P. ought not to execute their of­fices in their own case, Dal. 352. Cro. 68. a. nu. 4. Yet a Justice of Peace being assaulted, may commit the offender to prison, Cro. 68. a. Lam. 134. Dal. 352.

So Crompt. thinketh that a Justice of Peace may record a forcible entry made upon his [...]own possession, and commit the offender, Cro. 67. b. 68. a. nu. 4.

Justice of Peace chargeth one that maketh an assault or affray, to keep the peace; who answereth he will not; the Justice of Peace may bind him to his good behaviour, Dal 195.

Justice of Peace must proceed by the pre­script of the commission and statute, Dal. 20.

Where the statute referreth the trial, &c. 10 the Justice of Peace his discretion, it seemeth he may examine upon oath, Dal. 22, 155.

One Justice of Peace ought not to bind one to appear at the Q Sessions to answer his fault committed against a penal law, except the statute of Labourers, Lam. 187. Dal. 339.

Every Justice of Peace is a conservatour of Rivers within his County, Lam. 189.

Justice of Peace not giving remedy to the party grieved in a cause that may be heard, [Page 154] determined, and executed by him, upo [...] complaint to the Judges of Assize, or the Lor [...] Chancellour, is to be put out of commission b [...] the Lord Chancellour, and punished acco [...] ding to his desert, 4 H. 7. c. 12. Lam. 370. Cr [...] 120. b. nu. 6. Dal. 353.

One Justice of Peace may command fres [...] suit, hue and cry, and search to be made by of­ficers and others, after thefts, robberies; in­joyn watches for the arresting of suspecte [...] persons and night-walkers, high-waies to b [...] enlarged, that two Constables be chosen in every Hundred; forbid Fairs and Markets i [...] Church-yards, command all between 15 an [...] 60 to be sworn to the peace, charge the Con­stable to arrest all such as be suspected to b [...] draw-latches, wasters, or robbers of men▪ Lam. 185.

Justices of Peace taking bond in his own name, and not Domino Rigi, in a cause touch­ing the King, is to be imprisoned, 33 Hen. 8. c▪ 39. Lam. 102, 143.

Justice of Peace at their Sessions are of equa [...] authority, Lam. 385. Vide Cro. 122. a. nu. 33.

Justice of Peace must send his prisoner to th [...] common gaol, Lam. 133. 5 H. 4. c. 10.

A felon is brought before a Justice of Peac [...] upon suspition: though it appear to the Justic [...] he is not guilty, yet he may not set him at li­berty, but so as he may come to his trial. Lam▪ 233. Dal. 279, 304, 353. Cro. 40. b. nu. 20. otherwise it will prove a voluntary escape i [...] the Justice; for he is not to be delivered b [...] any mans discretion, Dal. 8. Lam. ut supra.

A man is arrested for felony by a Constable or other, who afterwards hath knowledge [Page 155] that there is no such felony done, the opinion of K [...]ble, Comsby, and Serjeant Frowick was, that he might set him at liberty: but if one be killed, and another be arrested for suspition, [...]hough after he know the arrested is guilt­ [...]ess, or was arrested for malice, he ought not [...]o set him at liberty, but must be delivered by course of law, otherwise it is felony, Cro. 40. nu. 20. b.

‘Justice of Peace dwelleth, or is in another county, he cannot cause one to be brought before him out of the county where he is Justice into another county, Dal. 23. Cro. 120. b. nu. 12.’

What things Justices of Peace ought to do ex officio.

Record a demurrer upon the evidence, Lam. 539.

Give day to the party to bring in a Record that is before other Justices, which is pleaded by way of justification, Lam. 539.

If thinking an enditement to be void, they have discharged the prisoner, paying his fees; yet (upon change of their opinion) they may stay him any time before judgement, Lam. 540.

Justices of Peace ought not to suffer the King to be disadvantaged, if they may law­fully prevent it, Lam. 540.

In absence of the Kings Atturney, the Justi­ces of P. may take issue with one that plead­eth a pardon, that he is one of the parties ex­cepted, Lam. 540.

Justices of Peace cannot acquit felons by [Page 156] proclamations; but if no prosecution be, the [...] are to keep them till the coming of th [...] Justices of gaol-delivery, Lam. 550.

Justices of P. may enquire of all manner o [...] felonies at the common law, or given by any statute, and of all manner of trespasse done against the peace of the King, and of such tres­passer wherein action of the case will lie [...] trespass or deceit; for in the end of the Wri [...] grounded upon the case, it is contained contr [...] pacem nostram, Cro. 8. a. nu. 25.

‘Justice of Peace shall be punished for con­spiring with another to indict a stranger a [...] the Sessions but not for a thing done by hi [...] in Sessions as a Judge, Cro. 122. a. nu. 32.’

One Justice of Peace rebukes another; nei­ther he, nor any of his fellow Justices can com­mit him, for all are by one authority; an [...] therefore hath no remedy if the King will no [...] remove him: but if one Justice abuse anothe [...] in open Sessions, it seems the rest may bind him to the Peace, Cro. 122. a. nu. 33. 134. b▪ Lam. 385.

Defaults against the statute 3 Hen. 6. c. 11. [...]o [...] levying of wages for Knights of the shire, ar [...] to be heard and determined by enquiry fo [...] the King, or action for the party before th [...] Just. of Peace, Lam. 512.

‘Justice of P. needs not to shew his com­mission, by which he is made Justice, when he justifieth the doing of any thing as a Ju­stice; for he is Justice of Record and the commission remaineth with the Custos rotu­lorum of the said County, and he is called by the commission in open Assizes and Sessions, Cro. 120. b. nu. 13. Lam. 387.’

‘Justice of Peace hath a Record in his hands, and is discharged of his office, he cannot certifie the same without a Writ of Certiorari although he be made Justice af­terwards, Cro. 121. a. nu. 15. & 132. a.’

‘Justice of Peace may have his action of the Case against him that calleth him False Justice of the Peace. It seemeth also that he may be indicted: for they may enquire of all trespasses, where a man may have his action of the Case, Cro. 121. a. nu. 21. & 122. a. nu. 29.’

Quicquid Justiciarius fecerit de Recordo, [...]gnoranter & pro defectu scientiae, non erit pro [...]o punitus. Sicut accidit de Seneschallo liberta­ [...]is Abbatis de Crowland, qui colore libertatis de Infangthefe, judicavit hominem mori contra [...]egem pro eo libertas seisita fuit in manus Regis, & nulla poena Seneschallo, Cro. 121. b. nu. 24. [...]usticiarius non potest puniri pro re per ipsum [...]acta judicialiter: sed Officiarii, ut Vicecomes, & alli Officiarii be Recordo erunt puniti, Cro. 122. a. nu. 28.’

‘Justice of Peace certifieth into the Kings Bench, that such a man broke the peace in [...]is presence, the party shall be put to his [...]ne without any Traverse to the same, Cro. [...]32. a.’

‘Justice of Peace who is of the Quorum, [...]ught to be resiant within the County [...]here he is Justice of the Quorum, 2 H. 5. c. [...]. Cro. 122. a. nu. 34.’

‘Justice of Peace was put out of Commis­ [...]ion in Camera Stellata, for that he refused to [...]ake surety of the peace of one that came [...]efore him, who offered to find surety of [Page 158] the peace; for that the Justice which gran­ted the warrant was not his friend, and thereupon would not go before him to be bound, Cro. Jurisd. of Courts, 31. b.’

‘One Just. of Peace upon his view of forci­ble detainer may record the same by 15 R. 2. c. 2. but in case of Riot or Rout, &c. there must be two Justices of Peace with the She­riff or Under Sheriff, 13 H. 4. c. 7. Cro. 61. b. nu. 9.’

‘Justice of Peace commandeth one upon pain of 10 li. by his precept, to be at the next Quarter Sessions, and he appeareth not No Scire facias shall go forth more then i [...] there had been a Subpoena: but it seemeth that he shall be attached to be at the next Sessions, upon an accompt, Cro. 123, a. nu. 9.’

‘An affray is made within a Corporate Town, whilest the Sessions be held there [...] and that Town hath Justices within it self [...] the Justices of Peace shall not intermedl [...] there: but otherwise it is at the Assizes, Cro. 146. b.’

Laboures and Servants.

ONe Justice of Peace may cause all artificers and other persons meet to labou [...] by his discretion, to work by the day in ha [...] and corn-harvest time or imprison the refusers in the stocks for two daies and one night 5 El. c. 4. Dal. 77. Lam. 475.

The Constable refusing to stock them loseth 40. shill.

One Justice of Peace under his hand and [...]eal may licence labourers in hay and har­ [...]est time to go into another country to work, Dal. ibid.

One Justice of Peace upon complaint may [...]ompel meet persons to be bound as appren­ [...]ices to husbandry, or any other art, &c. and [...]or refusal commit them to ward, there to re­main untill they be bound to serve according [...]o the statute, Dal. 77. 5 El. c. 4.

One Justice of Peace may take order be­ [...]wixt the master and apprentice: for want of [...]onformity in the master, bind him over to [...]he Q. Sessions, where four Justices, one being of the Quorum, may discharge the appren­ [...]ice: and if fault be in the apprentice, inflict [...]ue correction, Dal. 78. but if the first Justice find fault in the apprentice, quaere if he may [...]y 7 Jac. c. 4. send him to the house of Cor­ [...]ection, as an idle disorderly person, Dal. 78.

One Justice of Peace may allow of the cause of putting away of a servant, or of his depar­ [...]ure within his term, Dal. 79. 5 Eliz. c. 4.

But an apprentice must be discharged by four Justices of Peace in open Sessions, ibid.

One Justice of Peace may command va­grant persons to prison, if they will not serve, Dal. 81.

One Justice of Peace may make his War­ [...]ant to attach a servant departing, to be at [...]he Sessions, or may send him to the house of Correction, Dal. 78.

Two Justices of Peace, upon complaint that [...] servant departed before the end of his term [...] except 1. cause be allowed by one Justice of Peace; or 2. at the end of his term, without [Page 160] one quarters warning before two witnesses; or 3. hath refused to serve for the wages ap­pointed by proclamation, according to the statute; or 4. hath promised to serve accor­dingly, and doth not) may examine the mat­ter, and may commit without bail such faulty person till he be bound to serve and continue, and then he is to be discharged without see to the Goaler, Dal. 79. Lam. 330.

Two Iustices of the Peace may imprison the master for 10 daies, without bail, and the ser­vant for 21 daies, that giveth or taketh grea­ter wages then are allowed by stat. Dal. 80. Lam. 330. and the master loseth 5 li. 5 El. c. [...].

All retainer, promise, or paiment of wages, or any other thing contrary to statute, and every writing and bond for the purpose is void, 5. El. c. 4. Dal. 79.

Two Iustices of Peace may imprison for a year or less any servant, workman, or labou­rer, that doth make assault or affray upon his master, or any that hath the charge or over­sight of them, or of the work, being prove [...] by the confession of the party, or oath of two, Dal. 79.

Or the Iustices at the Sessions may inflict other punishment.

One Iustice may binde the offender to the good behaviour, and so to the next Sessions, Dal. 79. Lam. 330. & 473.

Two Iustices may compel any woman of the age of 12 and under 40 being unmarried, to serve by the year, week, or day, for such wages as they shall think meet, or commit her to ward till she be bound, Dal. 80. Lam. 330, 331.

The retainer of any to serve in the arts of [...]loathing, Wooll-weaver, Tucker, Fuller, Cloath-worker, Sheerman, Dier, Hosier, Tailer, Shoomaker, Tanner, Pewterer, Baker, Brewer, Glover, Cutler, Smith, Farrier, Cur­ [...]ier, Sadler, Spurrier, Turner, Capper, Hat­maker, Felt-maker, Bowyer, Fletcher, Arrow­ [...]ead-maker, Butcher, Cook, or Miller for [...]ess then a year, is void, 5 El. c. 4. Lam. 473. Dal. 79.

‘No person shall interupt, deny, let or di­sturb any free or rough Mason, Carpenter, Bricklayer, Plaisterer, Joyner, Hard-hewer, Sawyer, Tiler, Pavier, Glasier, Lime-burner, Brick-maker, Tile-maker, Plumber, or La­bourers born in the Realm, or any Deni­zon, to work in any of the said crafts, in any City, Borough, or Town Coporate, with any that will retain him or them, though they do not inhabit or be free there, upon pain of 5 pound the one moiety to the King, the other to the informer, 5 Ed. 6. c. 15.’

Any unmarried, or under thirty years and married, are compellable to serve in any of the said arts, or to be imprisoned untill they will serve 5 El. c. 4. upon request of any per­son using the said trades, except the person be lawfully retained with some other, or have 40 shillings per annum in lands, or 40 pound in goods, or some farm in tillage, Lam. 473. Dal. 79.

None retained in husbandry to depart at his time into any other limit, town, or parish, without testimonial, on pain of 21 daies im­prisoment, and to be whipped, if then he [Page 162] brings none; and receiver of such loseth 5 li. Lam. 474. Dal. 85.

Labourers not working so many hours as they ought, lose 1 d. an hour, Lam. 474. 5 El. c. 4.

Servant falling sick, or non potens corpore, the master may put him away, nor abate his wages, Dal. 84.

Any taking work by great, and departing unlawfully before the work be finished, los­eth 5 li. and is to be imprisoned for a moneth, Lam. 474. 5 El. c. 4.

Any taking an apprentice contrary to or­der of law, or exercising an art not being ap­prentice therein 7 years, loseth 10 li. 5 E. [...]. 4. Lam. 475. Cro. 83. a.

Servant departing into another shire, is indicted for it in the County whence he de­parted; the Justices of Peace may award a Capias to the Sheriff of that shire whereunto he departed, returnable before themselves, 5 El. c. 4. Lam. 525.

The sufficiency of the cause of the masters putting away of his servant, or the servants departing from his Master within his term must be proved at the Quarter Sessions, Lam. 610. 5 El. c. 4.

Houshold servant spoileth the goods of his deceased master, and after proclamation in the Kings Bench maketh default of appea­rance there; it is felony, but not enquirable by the Justices of Peace, 33 H. 6. c. 1. Lam. 281, 548. Dal. 266.

A man not able nor sufficient to keep a servant, doth retain a servant; such retainer i [...] void, Dal. 82.

Retainer of a servant in husbandry without expressing any term, shall be for one year, Crom. 184. a. Dal. 83. it is according to the statute, 5 El. c. 4.

One retaineth a servant for 40 daies, and afterwards another retaineth him for a year; the first retainer is void, Cro. 184. a. Dal. 83.

A servant cannot be discharged by his ma­ster without his own agreement, or for some cause allowed by a Iustice of Peace, Dal. 84.

An apprentice cannot be discharged by his master but by writing, for an apprentice can­not be but by writing, Dal. 85. Crom. 184. b. 185. b.

A servant put away shall have his propor­tional wages for the time he served, but it must be by the help of a Iustice of Peace, Dal. 84.

A servant of his own accord departing from his service, loseth all his wages, Dal. 84.

A servant refusing to do his service, it is a departure in law, though he stay still with his master, Dal. 84.

Detaining of wages, or of meat and drink, is good cause of departure, but to be al. lowed by a Iustice of Peace, Dal. 84. Cro. 185. a.

A woman married after she is retained, must serve out her time, Cro. 184. b. Dal. 82.

No servant in husbandry, artificer, or victualler, nor any labourer shall carry any buckler, dagger, or sword, on pain to forfeit the same, but for defence of the Realm, or travelling with their master, or about their masters business, 12 R. 2 c. 6. Cro. 185. b. 76. b.

Any two Justices of Peace may give their consents with the Churchwardens and over­seers, or the greater part with them, to bind as apprentices the children of poor parents, till the age of the man-child of 24, and of the woman till 21, 39 El. 3. Lam. 331. 43 El. c. 2. Dal. 83.

Retainer according to statute, though no wages be spoken of, is good, and shall have wages according to the proclamation, Dal. 84.

Retainer not being according to statute, is void, except it be by Indenture, Dal. 84.

Retainer upon condition is good, Dal. 84.

Retainer without expressing in what office, is good, Dal. 84.

Retainer for life is good, Dal. 84.

Retainer for a year to serve when he shall be required, is not good, Dal. 84.

By Retainer the servant is presently in ser­vice, though he comes not into his masters service indeed, Dal. 84.

The executor (the master dying) must pay wages to the servant hired according to sta­tute, not otherwise, except it be by Indenture, Dal. 84.

Larceny.

Larceny is the felonious and fraudulent ta­king another mans personal goods, removed from his body and person, without his will, to the end to steal them, Lam. 272. P. R. 129.

Personal goods are

  • Wholly a­nothers
    • Dead,
    • Alive,
  • His own, yet also a Property in ano­ther.
  • [Page 165]Dead goods,
    • In their own nature chattels, as mony, plate, houshold-stuff, Lam. 273. wooll severed from the sheeps backs, to take the skin and leave the body, the flesh of tame or wild fowl or beast, Lambert 275. goods of the Church, Parish, or of an un­known person, Lam. 276.
    • Once no chattels, and made chat­tels by the owner, as mowed corn, mowed hay, wood felled, apples ga­thered, &c. Lam. 276.
  • Alive,
    • Tame, as horses, beasts, sheep, swine, pullen, Lam. 273, 274.
    • Wild, & made tame by
      • Art,
      • Restraint
      • of liberty.

By art, as

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

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

A mans own goods,

  • Where he hath given a special property to another, as by bail­ment, pawning, &c. and seloniously taketh it again, Lam. 277. Dal. 270.
  • Where one coming lawfully to the possession, by lending altereth the property, a [...] by melting of bor­rowed plate, and the lender taketh the metal feloniously, Lam. 277. Dal. 270.

In what goods Larceny cannot be committed.

In goods of

  • Profit,
  • Pleasure.

Goods of profit, as where is

  • An owner: & they are
    • Real.
    • Personal▪
  • No owner, as treasure trove, wrecked, strayed, Lam. 276.

Real are

  • Distinct from the free hold, a [...] charter of land or a ward, Lam. 275.
  • Annexed to the free-hold, a [...] apples on the tree, a tree growing lead from a house or from a Church Lam. 276.

Personal, as wild things using their wild­ness as pidgeons flying hawks not reclaim­ed, fishes in the River, Lam. 274. Phe­sants, Partridges, Hares, Conies, Herons Swans, Deer that are abroad, Lam. 275 Dal. 270.

Goods of pleasure, as Dogs, Apes, Parrots singing birds, a Diamond, Ruby, or [...]the [...] stone not set in Gold or S [...]lver, Lam. 2 [...]5 [...] Dal. 269.

Larceny is

  • Grand larceny,
  • Petty larceny,

Grand larceny is, where the thing stollen above the value of 12 d. and is punishable by death, Dal. 262.

Petty larceny, if the thing stollen excee [...] not 12 d. and is punishable by the discret [...]o [...] of the Justices before whom he is a [...]ra [...]gned, [Page 167] and forfeiteth his goods, P. R. 129. Dal. [...]62.

Divers petty larcenies put in one indict­ment, and above the value of 12 pence, are punishable by death P. R. 129. Lam. 273. Dal. 263.

Divers found guilty of one larceny above 12 pence, they all must die for it, for that fe­lony is several in law, even as those others severed in act, Lam. 223. Dal. 263.

What acts do amount to larceny.

To carry away the plate delivered to me in a tavern to drink in, Lam. 278. Cro. 35. b. nu. 4. Dal. 263.

To carry those things one is hired to car­ry, to another place then he was hired, and there feloniously to convert them to his own use, Lam. 279. Dal. 264. Cr [...]. 36. a. nu. 10.

A servant not being an apprentice to go away with the goods of his master above 40 shill. which were in his custody, Lam. 279, 280. Dal. 264.

Carrier to convey away or convert to his own use the goods after they are brought to the place appointed by the owner, Dal. 264. Lam. 279.

He to whom the key of ones chamber door is delivered, openeth the door and taketh a­way the goods, Lam. 279. Dal. 266.

A servant receiving 20 li. in gold of his master to keep, changeth it into silver, and runneth away with it; for gold and silver are both of one nature, viz. money, Dal. 265. Cro. 50. a. Lam. 280.

A guest is harboured, who carrieth away [Page 168] his sheets out of his chamber, with purpose to steal them, and is taken in the house, Dal. 266. Cro. 35. a. nu. 2 Lam. 281.

One servant runneth away with the goods of his master delivered unto him by his fel­low-servant to the value of 40 shill. or con­verteth them to his own use, Dal. 265. Cro. 50. Lam. 281.

A Carrier embeze's part of the goods committed to his charge, Dal. 264. Cro. 36. a. nu. 11.

A servant receiveth of his master a piece of cloath to keep, and he maketh a garment therewith, and goeth away therewith, Cro. 50. a Dal. 265, 266.

A servant taketh away or spoileth the goods of his deceased Master; upon default of appearance in the Kings Bench after procla­mation, it is felony, Dal. 266. 33 H. 6. c. 1. Lam. 281.

Taking an horse feloniously, and appre­hended before he get the horse out of the close, Lam. 282. Dal. 267.

The husband shall not be punished for theft done by his wife, he not knowing thereof, or if after knowledge he presently forsake her and his house, Lam. 282.

What acts do not amount to larceny.

One having goods bailed unto him, con­verteth them all to his own use, Cro. 36. a. nu. 11.

A Carrier conveyeth the goods to another place then he was hired, and there convert­eth them to his own use, Lam. 278 Da [...]. 264. [...]r [...]. 36. a. nu. 11.

An obligation or wares delivered to a ser­vant, who receiveth the money or selleth the wares, and runneth away with the mo­ney, Dal. 265. Cro. 35. b. nu 50. a. Lam. 280.

A wife stealeth goods in the company of her husband, or by his command; quaere if it be without his compulsion, Lam. 282. Dal. 272.

A wife stealeth the goods of her husband, and delivereth them to another that know­eth thereof, it is larceny in neither, Lam. 282. Dal. 272.

Goods stollen by an infant under 12. a lu­natick during his lunacy, a mad-man, and deaf and dumb, Lam. 282. Vide Dal. 273.

Riding away with a lent horse, Dal. 264.

A clothier delivereth Wooll or yarn to his work-folks, who embezel or sell part thereof, Dal. 264.

Goods delivered to another to keep, and he consumeth them, or converteth them to his own use, Dal. 264. Lam. 278.

So money or goods delivered to one to de­liver to a third person, and the first receiver fleeth away with them, or converts them to his own use, Dal. 264.

A servant hath a horse delivered by his Master to ride to market, or money to go to a fair to buy cattel or other, or to pay to another man, and the servant goeth away [...]herewith; quaere if it be felony by statute, Dal. 265.

A receiver receiveth his masters rents, and goeth away with them, Dal. 266. Cro. 50. a.

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

Butcher using the said craft and also the mystery of tanner, loseth every day 6 shill. 8 pence, ib [...]d.

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

Every person, other then such as had a tan-house 29 Martii 1603. and did then occup [...] tanning of leather, or hath been taught as a [...] apprentice, or hired servant 7 years in tha [...] mystery, or hath been wife or son of a tanne brought up in this mystery 4 years, or the so [...] or daughter of a tanner, or such as hath married the wife or daughter of a tanner, havin [...] left to them his tan-house and fats, that ta [...] eth any leather, or taketh any profit by ta [...] ing, loseth all the leather tanned by him Lam. 462, 463. 1 Jac. 22.

None may buy, contract for, or bespeak an [...] rough hides or calves▪skins, but only tanne [...] or tawers of leather, except salt hides for t [...] necessary use of ships, on pain of 6 shillin [...] 8 pence for every hide, 1 Jac. 22. La [...] 463.

None shall forestal any hides coming to f [...] or market, (except of such as kill for the pr [...] vision of their house) on pain of 6 s. 8 for every hide, 1 Jac. 22.

None may buy tanned leather nor wrought, but such as will convert the same into made wares (except necks, and shreds of saddlers and girdlers) upon loss of all the leather, Lam. 463. 1 Jac. c. 22.

Tanner suffering any hide to lie in the tan­limes till the same be over-limed, or that putteth any hides into the tan fats before the lime be perfectly wrought out of them, or useth any thing in tanning but onely Ash-bark, Oake-bark, Tapwert, Malt, Meal, Lime. Culver-dung, or Hen-dung, or hath suffered his leather to be frozen, or to be parched with the fire or summer sun, or hath tanned any rotten hides, or hath not suffered the hides for outward sole-leather to lie in the woozes twelve months, and for the upper sole leather nine months, or hath negligently wrought he hides in the woozes, or hath not renew­ed their woozes as oft as was requisite, or hath put to sail any tanned leather, not wrought according to the statute, shall lose the hides or value of them, 1 Jac. c. 22. Lam. 463, 464.

Tanner that raiseth with any mixtures any hides to be converted to backs, bend-leather, clouting-leather, or any other sole-leather, except the same be fit and sufficient for that use, loseth the hides, 1 Jac. c. 22. Lam. 464.

Any that putteth to sale, exchangeth, or o­therwise departeth with any tanned leather red and unwrought, being in open fair and marke [...], unless it be searched and sealed in some open fair or market, or putteth to [...]e any leather not searched and sealed ac­according [Page 172] to the statute, loseth for ever hide or piece of leather six shillings eight pence, and also for every twelve calves skins or sheep-skins, three shillings four pence, and al­so the hides and skins, or their value, 1 Jac. c. 22. Lamb. 464.

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

He that setteth his fats in tan-hills or other places where the woozes or leather to be tan­ned in the same may take any unkind heats, or hath put any leather into warm woozes, or hath tanned with warm or hot woozes, forfeiteth ten pound, and is to stand in the Pillory three market-daies, 1 Jac. cap. 22. Lam. 464.

Felling oaks meet to be barked where bark is worth two shillings a load, above the charges of barking and pilling, (timber for necessary buildings, and reparations of ships, houses, or mills excepted) but between the first of April and the last of June, loseth every tree or double the value, 1 Jac. c. 22. Lam. 464, 465.

Currier that currieth any leather but in his own house situate in a corporate or mar­ket-town, or hath curried any leather not well tanned, or not throughly dried after his wet season, or hath used in such wet season any deceitful means to corrupt the same, or hath curried any outward sole-leather with any other stuff then hard tallow, or less of [Page 173] that then the leather will receive, or inner loose-leather, or upper leather but with good stuff being fresh and not salt, or hath not li­quored them thoroughly, or hath scalded or shaven too thin, or gasht in shaving or other­wise, or not wrought sufficiently any leather, loseth six shillings eight pence, and the va­lue of every skin marred, except gashing in shaving, and for such gashing double as much as the leather is impaired, 1 Iac. cap. 22. Lam. 465.

Currier that during the time that he useth [...]urrying, useth the fear of a tanner, cord wai­ner, shoemaker, butcher, or other artificer using cutting of leather, loseth 6 shillings 8 pence each hide, ibid.

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

Shoemaker that maketh any Boots, Shoes, Buskins, Startups, Slippers, or Pantofles, or any part of them of English leather wet cur­ried, (other then Deer, Calves, or Goats-skins dressed like Spanish leather) but of leather well tanned and curried, or well tan­ned onely, and well sewed with thred well twisted, waxed, and rosined, with the stitches hard drawn with hand leathers, without mixing neat and calves leather in the over-leather thereof; or hath put into any shoes, books, &c. any leather made of sheep-skins, bull-hide, horse-hide, or into the upper-lea­ther of any shoes, slippers, or pantofies, or [Page 174] into the neather part of boots, (the inner part of the shoes onely excepted) any part of the womb, shank, neck, flank, pole, or cheek of any hide, or into the outer sole other then the best of the oxe or steer hide, or into the inner sole other then the necks, womb, pole, or cheek; or in treswels of the double-soled shooes other then the flanks of any the said hides; or hath put to fale any year between the last of September and the twentieth o [...] April any shoes, boots, &c. meet for any person above four years old, wherein hath been any dry English leather, other the [...] calves or goats-skins dressed like spanish lea­ther; or hath shewed for sale any of his ware upon Sunday, loseth 3 shill. 4 pence for every pair, and the just value, 1 Iac. cap. 22. Lam▪ 465, 466.

Every Lord of fair or market, that doth not appoint and swear yearly two or thre [...] honest and skilful men to be searche [...] and sealers of leather there, and si [...] honest and expert men to try the sam [...] leather, loseth 40 pound, Lam. 466. Suc [...] triers as do not their duties therein with out delay, lose 5 pound for default, Lam▪ 467.

Searcher or sealer so appointed, refusin [...] with speed to seal good leather, or allowin [...] insufficient leather, loseth 40 shill. or receiving any bribe or exacting any undue fee fo [...] execution of his office loseth for every offenc [...] 20 pound; or refusing to execute the said office being duly elected, loseth 10 pound, Lam▪ 467.

He that will not suffer a searcher to ente [...] [Page 175] into any place to search tanned leather, or wrought wares, or to seize or carry away that which is insufficient, or hath put away any [...]anned leather red and unwrought, without [...]egistring the same, and the price thereof, lo­seth the value of the leather, Lam. 467. 1. Jac. cap. 22.

Leets.

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

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

‘In every leet or market, there ought to be a pillory and tumbrel, and for want thereof the Lord of the leet or market shall make a fine to the King, Dal. 151. Cro. 149.’

Lent, vide Fish-daies.

.

Liberties and Franchises.

‘Liberties and Franchises be such which have return of Writs, and not such as are Counties of themselves, as London, York, Norwich, &c. not towns which have by grant of the Kings Justices of Peace so that no other Justice do intermeddle, Cro. 8. a. nu. 30. Dal. 23. 2 & 3 P. & M. c. 18.’

Justice of Peace may execute his authority within any liberties, not being a County within it selfe, and it is good, but the liberty may have their remedy against him, Lam. 47, [Page 176] 48. Dal. 23. Cro. 8. a. nu. 30. 181. b. 189. [...].

Libellers.

A man finding a Libel against a private man, must presently burn it, or deliver it [...] some Magistrate, Dal. 195.

If against a Magistrate or publick person, to deliver it to some Magistrate, that by ex­amination the author may be found out, Dal. ibid.

Libellers (it seemeth) may be bound to their good behaviour as disturbers of the peace, whether they be contrivers, procurers, or publishers of the libels; for such libelling and defamation tendeth to the raising of quarrels and effusion of bloud, and special occasions to the breach of the peace, Dal. 194.

Libelling is by scandalous writings, by book, ballad, epigram, or rhime; 2. by scandalous words, as scoffs, jests, taunts, or songs; 3. by hanging up of pictures or signs of reproach neer the place where the party traduced doth converse most, as gallows, Cucking stool, pillory, horns, or such like, Dal. 194, Cook 5. fol. 125.

Licenses.

Two Justices of the Peace may licence poor diseased persons to travel to the Baths for remedy of their grief, so as they be provi­ded of relief for their travel, and beg not, 39 El. c. 4. Dal. 101. Lam. 332. 1 Iac. c. 25.

Justice of Peace dwelling neer where any person having suffered ship wrack shall land, may and ought to make a testimonial under his hand to such persons of the landing, &c. [Page 177] and thereby to licence them to pass the next direct way to their place of birth or dwelling, and limit them a convenient time for their passage, Dal. 100, 127. Lam. 303. 39 El. c. 4. 39. El. c. 17. 1 Iac. c. 25.

No Justice or Justices of Peace (as it seem­ [...]th) can in any case licence any poor man to wander, beg at all, Dal. 101, 127. Lam. 303. [...]9. El. c. 4. 17.

Convicted for abusing of a licence of trans­portation of victual, shall be committed for a year without bail or mainprise, Lam. 349. 1 ▪ 2 P. & M. c. 5.

Licences for badgers, drovers, &c. are to be granted in open Quarter Sessions by three Justices of Peace whereof one of the Quorum, and shall not endure above a year, unless the same be yearly renewed, 5 & 6 Ed. [...]. 14. 5 El. c. 12. Lam. 610. Vide Badgers.

Linnen cloth.

He that causeth to be used any racking, bea­ting, or casting any deceitful liquor, or other means on any kind of linen cloth, whereby it becometh deceitful, or the worse for use, forseiteth such cloth, & is to have imprison­ment for a month at the least, and to be fined according to the Justices discretion, 1 Eliz. 12. Cro. 90. a.

Lying in a way, vide Way-lying.

.

Log-wood, alias Block-wood.

Suspected to have offended against the statute for Log-wood, upon information to a Justice of Peace, the suspect, or his servant or [Page 178] work-man may be called by warrant, and examined by oath or otherwise, to disclose the offence; and the offence being discover­ed, the offender and the examinates shall be bound over to the next Goal-delivery or Quarter Sessions, and there be judged to for­feit twenty pounds, and Pillory one or more market-daies, or upon refusal to be bound to be committed to the Goal till he will be bound, 39 El. c. 11. Lam. 613. Dal. 48.

Any two Justices of the Peace, where any Log-wood shall be found, in whose hands soever it shall be, may cause the same to be burned, 23 El. c. 9. Dal. 48. Cro. 198. b.

Long bows.

‘Any above the age of 24 years shooting at standing pricks under eleven-score yards with any prick, shaft or flight, loseth six shillings eight pence, 33 H. 8. c. 9. Lam. 481.’

Masons.

THe causing of masons to congregate themselves in chapters, is felony, Lam. 227. 3 H. 6. c. 1.

Mainprise, vide Bailment.

.

Maintainers and Embracers,

Maintainers and embracers of a Jury en­quiring of a riot, forfeit twenty pounds, and to be committed to prison, and to remain ac­cording to the discretion of the Justices, 19. H. 7. c. 13.

The Justices which shall sit upon the inqui­sition of riots with the Sheriff or Under-she­riff, ought to certifie the names of the main­tainers and embracers of a Jury, with their misdemeanours which they know, by which the truth of the said riot is not found, upon pain of 20 pound for every one that hath not a reasonable excuse, 19 H. 7. c. 13. Cro. 199.

Maintainers of quarrels and embracers of Jurors are to be imprisoned, and bound to the good abearing, 33 H. 8. c. 10. 37 H. 8. c. 7. Lam. 440.

Maintenance is where any man giveth or delivereth to another that is plaintiff or de­fendant in any action, any thing to maintain his plea, or else maketh extreme labour for him where he hath nothing to do therewith, Terms of the Law.

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

Maim.

He that hath maimed another of any mem­ber, whereby he is less able to fight, as if a bone be taken out of the head, or a bone broken in any part of the body, or foot or hand, or fin­ger, or joynt, or if a foot or any member be cut, or by some wound the sinews be made [Page 180] shrink, or other member, or the fingers made crooked, or if any eie be put out, or the fore-teeth broken or beat out, or any other thing be hurt in a mans body, by means whereof he is made the less fit to defend himselfe, or of­fend his enemy, he and his accessaries shall be grievously fined, Lam. 429. Terms of Law.

Justices of Peace cannot upon an endict­ment of maim, make the trial by their own view and inspection, as the Justices of the Kings Bench may do, Lam. 532.

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

‘Indictment of maim Must be felonicè m [...] ­kemavit, Cro. 101. a. nu. 3.’

Malt.

If any Bailiff or Constable of any borough of other town shall finde any malt made contrary to the Statute, 2 & 3 E. 6. 16. & 27 Eliz. 14. then with the advice of any Justice of the Peace within the shire, he shall cause the same to be sold to such persons, and at such reasonable prices under the common price of the Market, as to their discretion shall seem convenient, Lam. 202. Dal. 86. 21. Jac. c. 28.

Any two Justices of Peace may duely convict by two witnesses, or by the parties confession, any person that shall disobey the restraint of malting made in open Q. Sessions, and shall committ him to prison without bail or mainprise for three daies, until he be­come bound in forty pound to perform such [Page 181] restraint, 39 El. cap. 16. Lam. 332, 202. Dal. [...]6.

The Justices of Peace or the greater part of [...]hem, may in open Quarter Sessions restrain [...]he converting of barly into malt, 39 El. c. [...]6. Lam. 613. Dal. 86.

Malt must be three weeks in the fat, on the [...]oor steeping and drying, except in June, [...]uly, August, and then 17 daies, or lose 20 [...]ence for every quarter, Lam. 451. Dal. [...]7.

No insufficient malt mingled with good [...]alt must be put to sale, 2 & 3 E. 6. c. 16. & [...]7 El. c. 4. Lam. 452. Dal. 87.

No malt shall be put to sale that is insuffici­ntly trodden, and out of which for every [...]arter hath not been fanned one peek of [...]st, ibid.

Manslaughter, vide Homicide.

.

Mariner.

Mariner coming from beyond the seas, or [...]ea-faring man having suffered shipwrack, [...]d in want, may be licensed by the next Ju­ [...]ce of Peace to his landing, to ask relief [...] his journey home-wards, 39 Eliz. 4. Lam. [...] 3. Dal. 127. 1 Jac. c. 28.

No fisher-man to be taken for a mariner by [...] Kings commission, unless chosen by the [...]o next Justices to the place where he is to taken, 5 El. 5. Lam. 359. Dal. 87.

[...]ariner departing from his Captain with­ [...]t licence, or wandring idly without, or [...]h a forged licence, knowing thereof, is a [...]on, 39. El. 17. Lam. 227.

Any poor Mariner or Souldier coming from beyond the seas, that shall repair to his place of birth, &c. and cannot there get work, two Justices of the Peace next adjoyning may take order to set him to work, and for want of work tax the whole Hundred for his relief, till sufficient work may be had, 39 El, c. 17. Lam. 359. Dal. 138.

‘Mariner forging a Testimonial, or carrying the same knowing it to be forged, it is felo­ny, Lam. 228. Dal. 289. 39 El. c. 4. &c. 1 [...]. 1 Jac. c. 7.’

‘Mariner landing, and not having a Testi­monial under the hand of some Justice of Peace neer the place of his landing, setting down 1. the time and place of his landing, 2. the place to which he should pass, 3. and the time for his travel, 4. or exceeding that time 14 daies, it is felony, 39 El. c. 17. Dal▪ 289. Lam. 303. But if he have such a Testi­monial, and pursue the same, he may ask and take such necessary relief as shall be given him, 39 El. c. 17. Lam. 303.’

Vide Felony by Statute.

Market-overt.

He that is owner, &c. of any fair or market where horses, geldings, mares, or foles are to be sold, and doth not yearly assign one open place where the said horses, &c. shall be sold, and one to take Toll, who shall continue there from 10 in the morning until sun-set forfeiteth 40 shil. for every day, 2 & 3 P. M. c. 4. Cro. 91. a. Lam. 471.

To alter the property of any stranger righ [...] in horses and all other goods, they are to [...] [Page 183] sold in such a place or shop as is commonly used for selling goods of the same kinde, Dal. 74.

Sale in fair or market doth not take away [...]he owners property, the buyer knowing that [...]t was anothers, Dal. 74.

Vide Horses.

Marriage.

If any married person marrieth another, [...]he former wife or husband being alive, [...]xcept the husband or wife have been be­ [...]ond the seas seven years together, or hath [...]een absent within the Kings Dominions [...]even years together, the one not knowing [...]he other to be alive, or was at such mar­ [...]iage lawfully divorced, or the former mar­ [...]iage by sentence Ecclesiastical declared to [...]e void, or was had within years of con­ [...]ent, it is felony, 1 Jac. 11. Lam. 421. Dal. 289. Cro. 52. a. without corruption of [...]loud, loss of dower, or dis-inheriting any [...]eir.

Mass.

To sing Mass, forfeiteth 200 marks and [...] years imprisonment. To hear it, forfeiteth [...]00 marks and like imprisonment, 23 El. c. [...]am. 413.

For the discovery of any who hath been [...] Mass, v [...]de Jesuites.

Master, v. Servant and Labourers.

.

Measure, vide Weight.

.

Messages false.

Two Justices of Peace one being of the Quorum, may (as it seemeth) bind over to the next Q. Sessions any suspected of getting mo­ney or other thing by false tokens or coun­terfeited letters, or may imprison such or bail them to the next Q. Sessions, Dal. 47. 33 H. 8. c. 1. Vide plus Cozenage.

Milch-Kine, vide Calves.

.

Minstrels, vide Rogues.

.

Misprision.

Misprision is properly, where one knowet [...] that another hath committed treason or felo­ny, but was not consenting thereto, and wi [...] not discover the offender to the King or hi [...] Councel, or to some magistrate, but conceal [...] the offence, Dal. 234. Stam. 37. Terms [...] Law, 131.

A Chaplain fixed an old seal to a new Patent of non residency, it was holden misprision of Treason, Terms of Law ibid. Dal. 229▪

Knowing money to be counterfeit, an [...] bringing it out of Ireland into England, an [...] uttering it in paiment, is misprison of tre [...] son, Terms of Law ibid. Cro. 44. b. Stamf. 3 [...] 3 H. 7. 10.

For misprision of felony he shall onely b [...] fined, Dal. 234. Terms of Law, ibid. Cro. 44. [...]

Misprison of Treason.

To draw a sword, or strike a Justice sitti [...] in place of Judgement, Dal. 231.

To strike a Jurior in presence of the Ju­ [...]ice sitting in place of Judgement, Dal. ibid.

To strike one in Westminster-Hall, any of [...]he Kings Courts sitting, Dal. ibid.

In all which cases the offender shall lose his [...]ight hand, and shall have judgement as in mis­ [...]rision of Treason, Dal. 234.

A stranger rescuing one arrested by a Ju­ [...]ice upon an affray sitting in place of Ju­ [...]ice, whereby he escapeth, it is misprision [...]f Treason, Dal. 231.

For offenders in high Treason, misprision [...]f Treason, Praemunire, though Justice of [...]eace cannot meddle in the very point of [...]he offence, yet upon complaint to a Justice [...]f [...]eace, or other knowledge, he ought to [...]ause the party to be apprehended, and joyn­ [...]ng with some other Justice of Peace, to take [...]he offenders examination and information [...]pon oath of such as bring them, or other that [...]an prove any thing material, and put it in [...]riting under the hands of the informers, [...]nd commit the offenders to Goal, and [...]ind over those which prove any thing ma­ [...]rial to appear before the Lords of the Coun­ [...]el, or elsewhere to give evidence upon rea­ [...]onable warning, and to certifie their doings [...] some of the Lords of the Councel or else­ [...]here. Dal. 23 [...].

Willingly to aid and maintain, or knowing [...]ch as have absolved, perswaded, or with­ [...]rawn any within the Kings dominions from [...]eir obedience, or Rel [...]gion now established, [...]r the Romish Religion, or moved them to [...]ield obedience to any other estate, or [...]ractised to do any of them, and doth not [Page 186] within 20 daies disclose it to some Justice of the Peace, or higher officer, it is misprision of treason, 23 El. c. 1. Lam. 412.

Within six weeks after any Bull or other instrument of reconciliation hath been offe­red, not to reveal it to some of the privy Councel, or Presidents of the North, or Wales, is misprison of treason, 23 El. cap. 1 Lam. 413.

Misprision of Felony.

He that seeth one killed by another, or rob­ed, or any other felony committed, and is not of their confederacy, and doth not make resistance, or disturb the felon, or levy hue and cry, but conceal the same, it is misprision of felony, and fineable, 14 H. 7. c. 31, Cro. 44. Dal. 296.

A man foreknoweth of a felony to be done, and concealeth it, & it is effected; it is mispri­sion of felony, quaere Cro. 41. b. nu. 5. Dal. 298.

‘Every treason or felony doth include misprision, so that where any hath com­mitted treason or felony, the King may cause the offender to be indicted and ar­raigned but of misprision, Cro. 44. b. Dal. 234. Stamf. 37. d.’

Mitigation of fines and forfeitures vide Lamb 577.

.

Mittimus.

Mittimus must contain the names of the parties, their offences, and time of impison­ment, that it may appear whether the priso­ner [Page 187] be bailable or not, Lam. 297. Cro. 153. a. nu. 11. Dal. 315, 396.

If one be committed without bail or main­prise, and the cause is expressed in the Mitti­timus, and yet is bailable, other Justices of [...]he Peace may bail him: yet Quaere, seeing their authority is equal, Dal. 315.

The form of the Mi [...]timus.

To send felons to the Goal, Lam. 220. Dal. 494.

To send rioters to the Goal, Lam. 321

To send shooters in peeces, Lam. 297. Dal. 398.

To send upon forcible entry, &c. Lam. 150.

To send to the house of Correction, Dal. 396.

To send an Ale-seller without licence, Dal. 387.

To send a reputed father of a bastard, Dal. 392.

Monasteries, v. Religious houses.

.

Mortuaries.

Spiritual person not to take mortuaries or any thing for them, where they have not been used to be payed, or where the goods of the dead are under ten marks; taking above 3 shill. 4 pence where the goods are under 30 pound, or above 6 shill. 8 pence where they are above 30 pound and under 40 li. or above ten shill. where they are above 40 li. he shall forfeit all taken above his due, and 40 shill to the party grieved, 21 H. 8. c. 6. Lam. 435, 436.

Multiplication of gold and silver.

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

Murder.

Murder is when one man upon malice pre­tended, prepensed, or precedent, doth kill a­nother feloniously that liveth within the Realm, or under the protection of the King, whether it be openly or privately, and whe­ther the party slain be English or alien, Lam. 237. Cro. 21. a nu. 1. Dal. 241, 239.

The killing shall have relation to the death and not to the stroke, Cook 4. 42. Cro. 2 [...]. a. nu. [...].

Malice is

  • Expressed, Cro. 21. a. Dal. 24 [...]. or
  • Implied, Lam. 239.

Malice is Expressed, or Implied,

Malice expressed is when it is known that there is malice between them, Cro. 21. a. and is apparent, and where there is a precedent falling out or lying in wait, or time and place appointed, Dal. 241. Lam. 238.

Malice implied is when one is killed sud­denly without defence, Dal. 241 Cro. 21. a nu. 2

As where one killeth another without provocation, Lam. 239. Dal. 241.

One busied, as reading, going over a stile, &c. killed, Cro. 27. a. nu. 20. Dal. 241.

One stabbed, not having weapon drawn, 1 Jac. c. 8.

To kill an officer known, in executing process, Dal. ib [...]d.

To kill an unknown officer if he shew his warrant; and if an officer hath the Kings writ or lawful warrant, though it be errone­ [...]us, [Page 189] and slain in executing it, it is murder, [...]am. 240. Dal. 241.

To kill any magistrate or minister of Ju­ [...]ice in executing his office, or in keeping the [...]eace, Dal. 242. Cro. 25. b. nu. 51.

A rioter killeth an officer or an assistant [...]oming to suppress a riot, it is murder in [...]ll the rioters, Cro. 23. b. nu. 28. Lam. 241. Dal. 242.

A Constable parting an affray, or any of [...]is company coming to aid him, although [...] was suddenly and in the night, Cro. 25. a. [...]u. 51. Dal. 241.

A thief killing a true man in resisting, it is [...]urder of malice prepensed, Lam. 241. Dal. [...]41. Cro 22. a. nu. 13.

1 A man carried his sick father into the [...]rost, whereby he died Lam. 240. Dal. 242.

2 An harlot hid her child, and covered it with leaves, and a Kite struck it and killed [...]t, Dal. 242. Lam. 240.

3 The owner knoweth his beast to be ac­ [...]ustomed to hurt, and doth not tie him up, [...]nd after the beast killeth a man, Lam. 239. Dal. 242.

In these three cases, voluntas reputabitur profacto, for it sheweth that they had a will to hurt, and the will doth amount to mulice, Dal. ib. and so to murder.

‘One having malice against another, assault­eth that other, and after flyeth to the wall, and then killeth that other; it is murder, for he slew him in the said malice▪ wherein he did assault him, Lam. 239.’

One condemned to die is killed by a private person without warrant, or by the Officer [Page 190] contrary to the judgement; it is murder, Lam. 240.

Prisoner killed by his Goaler by over-hard keeping, it is murder, Lam. 240.

One commandeth his servant to beat a man, who beateth him so that he dieth there­of; it is murder in the commander, Dal. 245. murder in both, if it be in the commanders presence, Lam. 241.

Many come to doe an unlawful act, and one in doint thereof killeth a man; it is mur­der in all, although they did but look on, Dal. 245, 253. Cro. 22. a. nu. 10. 24. b. nu. 43. Lam. 241. Stam. 40. If they be not present, yet if they be in the same house or upon the same ground it is murder in all, Dal. 245. Cro. 25. [...]. nu 5. Lam. 241.

All present and aiding, abetting or comfor­ting another to do murder, are principals, Dal. 245. Lam. 243. Cro. 22. a. nu. 15.

Two appoint the field, and meet, and bring company with them, and one of them is slain; it is murder in all that came with the murderer, Dal. 245.

Murder is intended to one, and he killeth another, it is murder, Lam. 243. Dal. 244.

A. woundeth B. in fight, and after they meet suddenly and fight; if B. kill A. it is murder, for it is intended malice upon the former hurt; but if A. kill B. it is but manslaughter, for the hurt did appease his former malice, Lam. 251, 238. Dal 243.

Two in suit meet and quarrel, and the defendant killeth the plaintiff; quaere if it be murder. Dal. 244.

Two fight upon malice, and one of them [Page 191] killeth one that came to part them; it is mur­ [...]er in both, Dal. 244. Lam. 242.

The owner rebuked one stealing his pears, [...]ho killed the owner; it was adjudged mur­ [...]er, D [...]l. 245. Lam. 241. Cro. 24. a. nu. 34.

Porsoning of another wilfully whereby he [...]eth, is and was murder by the common [...]w, Dal. 244.

The party poisoned must die within a year [...]nd a day after the receiving of the poison, [...]al. 246.

After the beating or hurting another, to [...]ake murder, or other homicide, the year [...]nd the day is reckoned from the stroke gi­ [...]en, Dal. 246. Cro. 23. b. nu. 54.

An appeal hath relation to the death, ibid. A [...]oman delivered of a bastard, endeavou­ [...]ing privately either by drowning or by se­ [...]ret burying to conceal the death thereof, as [...]hat it may not come to light, whether it [...]ere born alive or dead, but be concealed, [...]hall suffer death as in case of murder, except [...]e make proof by one witness that the child [...]as born dead, 21 Jac. c. 27.

Justices of Peace may take Endictment [...] of [...]urder as of murder, Lam. 493.

‘A man hath a hor [...]e that will strike such as come near him, his master knowing it, ri­deth among people, the horse killeth a man, it is felony in the master, Dal. 242. Lam. 239. Cro. 24. b. nu. 45.’

‘Indictment of murder must expresly have murdravit, for ex malitia praecogitata, & vo­luntate, & felonicè interfecit, is not sufficient, Cro. 101. a. nu. 4.’

Musters.

Convicted before the Justices of Peace [...] offence against the Statute of musters, shal [...] be imprisoned 10 daies without bail, unless [...]e pay the forfeiture being 40 s. which is see absence without reasonable excuse, or not shewing his best furniture being command­ed, 4 & 5 P. & M. c. 3. Lam. 349, 482.

The party that sueth upon the Statute of musters, is to recover the forfeiture belonging unto him, by action, or bill of debt, ibid. L [...]. 583.

Name.

THE names and surnames of the party indicted must be certainly expressed; and if the indictment be of an accessary in felony, the name of the principal must be set down also, Lam. 488. Vide Additions.

Nets, vide Hunting, Partridges and Phesants.

.

News.

Contriver, speaker, or teller of false or counterfeit news, whereof discord, &c. may arise betwixt the King and his Nobles, or any other false news, lies, or other false things of Prelates, Dukes Earls, & Barons, &c. whereof discord and slander may arise within the realm, shall be imprisoned till he finde out the author; and if he cannot find him, shall [Page 193] be punished by the advice of the Councel, [...]st. 1. 3 Ed. 1. c. 33. 2 R. 2. c. 5. 12 R. 2. c. [...]. 1 & 2 P. & M. c. 3. Dal. 326.

Next Justice.

Where the Statute of 13 H. 4. c. 7. willeth [...]e Just. of Peace most nigh in every Coun­ [...], where such riot or rout shall be, to do ex­ [...]ution of the Statute under pain of 100 li. [...] any other Justice, that be not next unto [...]e place shall execute the Statute, it will ex­ [...]use the next, because all have power alike, [...]y the first part of the Stat. Lam. 326, 327. Dal. 111. P. R. 30.

Night-walkers, vide Watches,

.

Noble Personages.

A Noblemans promise to keep the Peace hath been held sufficient, Dal 165. Lam. 81, 82.

A Justice of Peace may not grant warrant of the Peace against a Lord of the Parlia­ment, Dal. 165.

Nor against a Dutchess, Countess, or Ba­roness; for they are Peers of the Realm, and shall be tried by their Peers, and have the same priviledges that Dukes, Earls, and Ba­rons have, Dal. 166.

‘Dutchess, Countess, or any Noble by birth, marrieth with a Gentleman, she loseth not her name of dignity: but if she be made noble onely by marriage, and her husband dying, marry a Gentleman, she loseth herdignity,’ C [...]o. 110. a. Dal. 166. Vide Clergy, that a No­bleman may have his Clergy for any felony, except wilfull murder and poisoning.

‘None are noble under the degree of a Baron, Lam. 539.’

Non sanae memoriae.

There be three sorts of persons Non sanae memoriae, or non compotes mentis, Dal. 248.

1. A natural fool, who is so from his bir [...]h.

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

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

Nusance.

Every man may in a peaceable manner as­semble a meet company to do any lawful thing, or to remove or cast down any com­mon Nusance, Dal. 224. Cro. 66. a nu. 64.

‘One is indicted of Nusance, and acknow­ledgeth it, infinite distress shall go to the Sheriff to remove it, and he shall not be re­ceived to his fine, till the Sheriff return that it is removed, Cro. 186. a.’

Obedience to the King.

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

Colore Officii.

When officers take any thing Colore officii, [...] is taken in malam partem, and is extortion, [...]nd the office is but a veil to cover the fault: [...]ut when it is ratione or virtute officii, then it [...] in bonam partem, Cro. 57. b. nu. 2.

Ordinary.

His Fees, v [...]de Fees.

The Ordinary oweth not his attendance at [...]he Sessions of the Peace, as he doth at the goal-delivery, Lam. 395, 396.

‘The Court may allow Clergy in strict­ness of Law, though the Ordinary or his deputy be not there, Cro. 118. b. nu. 44. Stam. 13. a.’

‘A felon adjuged to be hanged, in failing to read may in favour of life have the bene­fit of Clergy at the Gallows. By which it ap­peareth, that the Ordinaries presence is not of necessity. But this is intended where the felon is adjudged in the Kings Bench, not at the Assizes, for their commission endeth with their Sessions: but before Justices of Peace, it seemeth he may have his Clergy at the Gallows, for their Commission continueth, and may allow Clergy without an Ordina­ry, Cro 116. a. nu. 54, 56. Stam. 132. b. yea o [...]e reprieved may pray his Clergy at the next Assizes, Cro. ibid. nu. 59. The Judges are Judges of the Clerks reading, and not the Ordinary. For if the Ordinary say that he readeth, and cannot, he shall be hanged, and the Ordinary fined, Cro. 119. a. nu. 49. Vide plus Clergy. [...]xtortion.’

Oath.

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

Oath of the Justices of P. vide Dal. 13.

Oath of Supremacy, Dal. 14.

‘Oath of Constables and Churchwardens is to be enlarged, vide Tiplers.’

Oath of Allegeance, Dal. 15. 3. Jac. cap. 4. 7 Jac. c. 6.

The Custos Rotulorum or any two Justices of of Peace, one being of the Quorum, may take the oaths of Under-sheriffs of their County, their Bailiffs, Deput [...]es, Clarks, or under offi­cers, before they shall exercise their said offi­ces. Dal. 138. See 27 El. c. 12. the form of the Oath.

Quaere if Justices of the Peace may examine upon oath sureties of their sufficiency, Dal. 171. Justices of Peace in their Sessions may do it, Cro. 194. a. Br. imprisonment 18.

Default of Under-sheriffs, their Clarks, Bailiffs, &c. in not taking the [...]r oaths for ex­ecution of their office, is to be heard and de­termined at the Quarter-Sessions, 27 Eliz. c. 12. Lam. 6 15.

Under-sheriffs, Bailiffs, &c. doing any thing contrary to their oaths, lose to the party grieved treble damages, 27 El. c. 12. Lam. 433.

Where the refuser of the oath of Allegeance shall incurre a Praemunire, vide Piaemunire.

Refuser of the oath of Allegeance is disa­bled to execute any place of jud [...]cature or of­fice being no office of inheritance or ministe­rial [Page 197] function, or practice of the Law Civil or [...]ommon, or the science of Physick, Surgery, [...]r the art of Apothecary, or any liberal [...]ience, 7 Iac. c. 6.

‘One Justice of Peace to whom complaint is [...]ade, may commit to the gaol without bail [...]ll the next Assizes, gaol-delivery, or Qu­essions, any above the age of 18 years (under Baron or Baroness) which stand presented, [...]dicted, or convicted for not coming to [...]hurch, or not receiving the Communion, [...]r which by the Minister, pety-Constable and [...]hurch-warden, or any two of them, shall be [...]mplained of to any Justice of the Peace, and [...]y him suspected, may by such Justice be re­quired to take the oath of allegeance, and may be committed without bail till the next Assizes, for refusing the oath of allegeance, Iac. c. 6. Lam. 199. Dal. 82. 107.’

Two Justices of the Peace, one being of the Quorum, may require any person of the age of [...]8 or above, under the degree of a Baron or [...]aroness, to take the oath of allegeance, and [...]n refusal to commit him to the gaol without [...]ail till the next Assizes or Quarter Sessions; Iac. c. 6. Lam. 363.

Where the examination of a Justice of P. is [...]he conviction of the party, there it ought to [...]e upon oath: but whe [...]e it is but to inform [...]he Jury upon the indictment, it needeth not, [...]am. 536. Dal. 159. Though the statute doth [...]ot expresly say it shall be upon oath, Dal. [...]id.

In cases of felony it seemeth convenient [...]at the information be upon oath, otherwise [...]e examination shall not be given in evi­ [...]ence. For,

If the examinate die before the trial, the examination may be evidence; without oath many will speak coldly. It is the practice of the Courts in Westminster, Dal. 307 & 308. Cro. 194. a. nu. 5. Lam. 213, 214, 215. Br. Ex­amination 32.

The resusing the oath of allegeance requi­red by two Justices of the Peace, and the ta­king of the same and oath of supremacy by a conformed Recusant returning into England▪ are to be certified at the next Qu. Sessions▪ 7 Iac. c. 6. Lam. 362, 363, 616.

The oath of allegeance being required [...] the Q. Sessions of such as formerly refused, th [...] same, and being there tendred and refused, the refusers (other then Noblemen and women incur Praemunire, except women covert, wh [...] are to be sent to the gaol without bail, Lam▪ ibid.

Orchards and Gardens, vide Hedge-breakers.

.

Overseers of the Poor.

‘Overseers for the poor for every parish are to be nominated yearly in Faster week, o [...] within a month after, by two Just. of P. on [...] being of the Quorum, under their hands an [...] seals, dwelling in or neer the Parish, 43 El. c. 2. Lam. 360. Dal. 91.’

‘Overseers and Church-wardens with two such Justices, may set to work children of such as are not able to keep them, and a [...] married and unmarried which have no [...] means to maintain them; and may raise [...] weekly stock or otherwise by taxation of [Page 199] every inhabitant, and dispose thereof, ibid.

‘Overseers and Church-wardens (not let­ted by sickness or other just excuse allowed by two such Justices) shall meet monthly in the Church upon Sunday after Evening Prayer, to consult about ordering of the poor, or forfeit 20 shillings a piece. 43 El. cap. 2.’

‘Any finding himselfe grieved with the taxation made by the Overseers, &c. or by the Justices, may have remedy at the Quar­ter Sessions, 43. El. c. 2.’

‘In disability of the parish the two Justices may tax any other parish within the Hun­dred. If the Hundred be not sufficient, the greater part of the Justices of Peace in other Sessions may rate other parishes, 43 Eliz. cap. 2.’

‘Overseers and Churchwardens either pre­sent or subsequent may by warrant of two such Justices levy all sums and arrearages of any refuser by distress and sale of his goods. In default of distress, two such Justices may commit him without bail till paiment made, 42. El. c. 2.’

‘Overseers may be committed till they do account, 43 El. c. 2.’

All to whom the overseers by 43 El. 2. may [...]ind apprentices, may take and keep them as [...]pprentices, and the overseers may with the [...]ssent of two Justices of Peace, one being of [...]he Quorum, in their respective limits where [...]here be more then one, or by assent of one Justice of Peace where there be no more, [...]et up, use and occupy any trade, mystery, or [...]ccupation, onely for setting poor of the [Page 200] parish on work wherein they are overseers, 3 Car. c. 4. Vide Poor.

Pannel, Ʋide Jurors.

.

Pardon.

AT the Common Law before the statute of 13 R. 2. stat. 2. c. 1. a pardon of all se­lonies was good for murders, and so for pety treasons, Lam. 561.

Pardon of all felonies is not good for mur­der or pety treason, except the pardon be with a non obstánte, or that murder be therein expresly mentioned, Dal. 246. Cro. 21. b. nu. 7.

But it is good for accessaries, both before and after.

A pardon of all felonies will not discharge a man that is attainted of felony, except the execution and attainder be pardoned, Cro. 115. a. nu. 1. Lam. 562. Dal. 245.

Breaker of the peace after the pardon, forfeiteth the pardon, and may be hanged notwithstanding his pardon, Cro. 115. b. nu. 16. Dal. 247

The King only can pardon treason, mur­der, or other felony, or any accessary there­to, Dal. 247.

General pardon is that which is given by act of Parliament to all men, of which the Court ought of duty to give allowance, though the party will not plead it nor accept the benefit thereof, Lam. 559. 560. Cro. 115. b. nu. 13.

Pardon of abjuration is not good without [Page 201] special words of abjuration, Lamb. 562.

Quaere if a general pardon for pety trea­ [...]on availe him that is indicted of murder, [...]ithout the word proditoriè, Lam. 560.

A general pardon (coming betwixt the [...]roke and the death) of all misdemeanors, [...]ill avail for the death, Lam. 560.

Quaere if a pardon of all offences (except persons outlawed of murder) will avail one that hath committed manslaughter, and yet [...]dicted and outlawed of murder, and after [...]e pardon reverseth the outlawry, Lam. 60. Cro. 116. b. nu. 17.

Pardon of attainder and execution for fe­ [...]ony is not good for felony, without words to [...] pardon the felony it self, Lam. 562.

Pardon of a Goaler for escapes of felony [...]nd traitors, is not good for voluntary [...]scapes, Lam. 562.

Pardon of two for all felonies done by [...]hem, or either of them, will not serve for of­ [...]ences done by one of them alone, Lam. 562.

Pardon must agree with the indictment in name and addition of the party, and nature of the offence; for a pardon of all felonies is not good for pety treason, murder, nor for one attainted of felony, Lam. 561.

A special pardon ought to be pleaded un­der the great Seal, and a writ of allowance brought with it, testifying he hath found surety for the good behaviour, unless there be a dispensation by non obstante, Lam. 561.

Prisoner pleadeth a pardon, Justice of Peace in absence of the Kings attorney may joyn issue that he is one of the persons ex­cepted, Lam. 540. Stam. 103.

He that killeth another se defendendo, needs not sue to the King for a pardon, Stam. 15. [...]. Lam. 253.

He that killeth one by misadventure, shall have a pardon of course without suit, S [...]. 16. Stat. of Glo. c. 9. in both cases the goo [...] are forfeited.

The manner of suing a pardon of course i [...], If they desire to purchase their pardon, they must upon their trial plead not guilty, and then the special matter being found by ver­dict, they shall be bailed, then they mu [...] sue forth a Certiorari to certifie the record [...] the Lord Chancellour, who shall make the [...] a pardon of course under the great seal with­out suing to the King, Stam. 15. Dal. 250.

Park and Parker.

Hunters or killers of any Deer or Conies [...] the night or day-time in any park or warren, or in any other inclosed grounds, and being thereof lawfully convicted, every such offen­der shall suffer three months imprisonment, and find sufficient surety for the go [...]d beha­viour for the space of seven years, or els [...] continue in prison till he find such sureties for the space of seven years, and pay trebble damages, or (if ‘it be for deer) 10 li. to the party grieved, at his election, 5 El. c. 21. 7 Jac. c. 13. Dal. 326. Vide Hunting.’

Parson and Vicar, vide Ecclesiasti­cal causes.

Every Justice of P. may examine offences a­ [...]inst the Statute of [...]3 Eliz. cap. 10. for ta­ [...]ng of partridges and phesants in the night, and binde the offenders by recognizance with good surety to appear at the next Quarter Sessions, &c. And after conviction and punishment take bond with sureties, [...]hat for two years after they shall not offend against the said Statute, Dal. 87. Lam. 200. [...]23 El. cap. 10.

By 1 Iac. cap. 27. 1. He that shall shoot at, [...]ill, or destroy with any gun, cross-bow, [...]one-bow, or long-bow, any partridge, phe­ [...]nt, house-dove, pigeon, heron, mallard, [...]uck, teal, wigeon, growse, heath-cock, [...]ore-game, or any such fowl, or hare. 2. Or [...]hall take, kill or destroy any partridge, phe­ [...]nt, house dove or pigeon with setting- [...]ogges and nets, or with any manner of nets, [...]ares, engines or instruments. 3. Or shall [...]ake or willingly destroy the eggs of any [...]hesant, partridge, or swan. 4. Or shall [...]race or course any hare in the snow, or shall [...]ake or destroy any hare with cords or such [...]nstruments. 5. Or shall keep any grey­ [...]ound for deer or hare, or setting dogges or [...]e [...]s to take Phesants or partridges, not ha­ [...]ing lands of inheritance of 10 pound, or 30 [...]ound per annum for life, or in goods 200 [...]ound, or be the son of a Knight, or son [...]nd heir apparent of an Esquire: any of the [...]id offences being proved by the parties con­ [...]ession, or oath of two witnesses before any [...]wo Justices of Peace of the County where [...]he offence shall be committed, or the party apprehended, shall be imprisonmed for [Page 204] three moneths without bail, unless he forth with upon his conviction pay to the use of th [...] poor there 20 shill. for every hare, fowl, a [...] egge, and 40 shill. for having every such grey­hound, setting-dogge, or nets, or after thr [...] months imprisonment be bound with [...] sureties not to offend in any the said partic [...] ­lars; which recognizances taken by two Ju­stices of the Peace, must be returned at the Quarter Sessions, 1 Iac. c. 27. Dal. 89. Lam. 33 [...]

By 7 Iac. c. 11. proof of one witness is suff [...]ci­ent for the taking of partridges and phesan [...] with setting-dogges and nets, or other ne [...] snares, or engines, &c. the punishment as [...] Iac 27. Lam. 334.

Killer of partridges or phesants with haw [...] or dogs, by colour of hawking, between th [...] first of July and the last of August, upon con­viction within six months after the offenc [...] by the confession of the party, or oath of two witnesses before two Justices of Peace, is to be imprisoned one month without bail; unle [...] he pay presently to the Church-wardens an [...] Overseers of the poor where he offended o [...] was taken, 40 shill. for hawking, and twenty shill. for every partridge or phesant taken, 7 Iac▪ cap. 11. Lamb. 335. Dal. 88.

Taking of phesants or partridges upon a­nother mans ground by ne [...]s or otherwise, ex­cept unwillingly by low-bel or trammel, and there to let them go again, loseth 20 shill. [...] phesant, and 10 shill. a partridge, 11 H. 7. c. 17. & 23 El. c. 10. Lam. 447.

Hawking in corn before it be cropped, without consent of the owner, loseth 40 shill. ibid.

Taker, killer, or destroyer, by guns, bows, [...]etting-dogs, nets, or other engines, of any [...]artridge or phesant, except the owner of a Warren, Lord of a Mannor, or having lands of [...]heritance in his own or his wives right of [...]he clear yearly value of forty pound, or for [...]fe of eighty pound, or goods worth 400 [...]ound, and their houshold-servants authori­ [...]ed by them within their own grounds in the [...]ay-time onely betwixt Michaelmas and [...]hristmas, upon conviction within six weeks [...]fter the offence committed, by confession or [...]ath of two witnesses before two Justices of [...]eace next the place of offence or apprehen­ [...]on, to be imprisoned three months without [...]il, unless he pay immediately unto the [...]hurchwardens and Overseers of the poor [...] one of the said places, 20 shillings, and be [...]and to the King by recognizance in twenty [...]ound never to offend again: the same to be [...]rtified at the next general Quarter Sessions, [...] Jac. c. 11.

Buyer or seller of hare, deer, partridge, or [...]esant (except partridges or phesants bred [...]o or brought up from beyond the seas) [...]seth for every deer 40 shill. phesant 20 shill. [...]e or partridge 10 shill. one moiety to the [...]ormer, the other to the poor of the parish, [...] Jac. [...]. 27.

Constable by warrant from two Justices of [...]e Peace may search the house [...] of any not [...]owed, suspected to have any setting dogs [...]nets for partridges, and finding them may [...]ke, carry away, detain, kill, or cut in pi [...]ces [...]y of them, 7 Jac. c. 11.

Offences against the statute of 1 Jac. c. 27. [Page 206] punished by it, are not to be punished by any former, and are to be heard and determined by Judges of Assize in their Circuit, Justices of Peace at Quarter Sessions, or two Justices of the Peace out of the Sessions, 1 Jac. 27.

‘Who may take partridges and phesan [...] in their own ground, and when, Vide 7 Jac. cap. 11.’

Peace.

Every private person that shall be present a [...] any affray, assault, or battery, ought to pa [...] them that fight; and if he take hurt, he sh [...] have his action: but if they resist him, [...] may not hurt them, Lam. 131. Dal. 33.

Every man may stay the affrayers, till the [...] heat be cooled, and then they may deliv [...] them to the Constable to imprison them [...] they find sureties of the Peace; but they [...] not imprison them unless the one of them [...] in peril of death by some hurt, for then a [...] man may carry the other to the Goal till [...] be known whether the other will live or di [...] Lam. 131. Dal. 33. Br. Cro. 225.

He which hath mortally hurt another, flie [...] into anothers house, any man that pursue [...] him with hue and cry, and break open t [...] house, enter, and take him. Dalt. saith t [...] Constable may, Lam. 131, 132. Dal. 34.

‘If an affray, forcible entry, or a [...] thing in disturbance of the peace be do [...] in the presence of a Justice of Peace, [...] may record it, and certifie the same, a [...] commit the parties presently, Dal. 89. V▪ Affray.’

‘If the Justice of Peace certifie into t [...] [Page 207] Kings Bench that I. S. hath broken the peace, upon that Certificate I. S. shall be there fined, without allowing him any tra­verse, Dal. 89.’

Peers, vide Noble personages.

.

Pedlers, vide Rogues.

.

Perjury.

Procuring any unlawfully to commit wil­ [...]l perjury in any case depending in Court [...]f Record, Leet, Court-Baron, Hundred- [...]ourt or ancient demesn, or hath corruptly [...]borned any witness sworn to testifie in per­ [...]tuam rei memoriam, or if any have upon such [...]ocurement, or by his own act wilfully com­ [...]itted such perjury, the procurer shall for­ [...]it 40 li. and if not worth so much, half a [...]ars imprisonment without bail, stand upon [...]e pillory for one hour, and be disabled for witness for ever after, 5 El. c. 9. & 14 El. [...] p. 11.

The perjured 20 li. and six months impri­ [...]nment, and ever disabled for a witness; and not worth 20 li. to have his ears nailed to [...]e pillory, 5 El. c. 9. & 14 El. c. 11. & 1 ac. 25. Lam. 416. Cr [...]. 18. a. b. This offence be heard and determined in the Quarter [...]ssions, Lam. 609.

[...]xecution of the forfeiture upon the statute [...] perjury, to be awarded by the J. of the P. [...]ore whom the conviction was, Lam. 585. Committing of perjury upon answer to [...]ill of complaint is not within the statute [...] 5 Eliz. but for a false deposition upon [Page 208] examination upon interrogatories, Crom. 18. b. nu. 3.

If any give false evidence upon a bill of endictment at the Sessions, it is held he shall not be punished by the statute of 5 Eliz. f [...] that the King is not named in the said stat. Cro. 18. b. nu. 5.

‘If an officer take other fees then are al­lowed and incident to his office, he com­m [...]tteth perjury, Cro. 57. b. nu. 7.’

‘A man is attainted of perjury, the Kin [...] pardons and restores him. Quaere if his testimony shall be allowed against a prisoner for Once forsworn, ever forlorn, Cro. 100. [...] Dal. 305.’

Petty-treason.

The wilful killing or joyning in killing o [...] the husband by the wife, the master or [...] stres [...] by the servant, the Ordinary by h [...] clark, is petty-treason, 25 E. 3. c. 2. Lam. 24 [...] 246. Dal. 236. Cro. 19. b. nu. 1.

The child maliciously killeth the father [...] mother it is petty-treason though the fath [...] or mother at the same time give neith [...] meat, drink, nor wages to the said chil [...] but it is petty treason in the said child in [...] spect of the duty of nature violated, Dal. 23▪ Cro. 19. b. But Lam. saith it is not treason [...] the child, if the father give it not meat n [...] drink, as to a servant, Lam. 245. and do th [...] business for it is as a servant. 21 E. 3. 17. [...] formeistre by Lam. opinion.

The son or daughter in l [...]w kill the fath [...] or mother in law with whom they dwe [...] and do service, and have meat and drink; [Page 209] [...] petty treason, though such child take no [...]ages; but the inditement shall be by the [...]ame of servant, Dal. 237.

Judgement in petty-treason is, a man is to [...]e drawn and hanged; if a woman, both in [...]igh treason and petty-treason, to be drawn [...]nd burned, Lam. 570. Dal. 237.

The forfeiture for petty-treason is, the King [...]all have all his goods, and for his lands [...]nnum, diem, & vastum, and the escheat [...]ereof shall be to every lord of his proper [...]e, Dal. 238.

No clergy is allowed in case of petty-trea­ [...]. Dal. 237.

Pewter, vide Brass.

.

Physician.

One neither Physician nor Chirurgion ta­ [...]eth upon him to cure a sick or wounded [...]an, who dieth under his hand, it was felony [...]ntil, 34 H. 8. c. 8. Lam. 240. Dal. 243.

But if a smith or other having skill onely [...] curing and dressing d [...]seases of horses, or o­ [...]er cattel, shall take upon him cutting or let­ [...]ng blood, or such like cure of a man, [...]ho dieth thereof, it seemeth to be felony, [...]al. 243.

Pictures brought from Rome vide Agnus Dei.

.

Plays and Players, vide Unlawful games, vide Rogues.

Head-officers and Justices of Peace in a corporation, or in a priviledged place, or two of them, may set a weekly tax on the in­habitants of the corporation, or priviledged place, or liberties thereof, for the reasonable relief of persons infected, or dwelling is houses infected within the said corporation, or priviledged place, 1 Jac. cap. 31. Lam. 337.

Corporation or priviledged place not be­ing able to relieve the persons infected there­in, upon certificate of the head officer, or Ju­stices of Peace, or two of them to the two nex [...] Just. of the Peace, the said two Justices may assess and tax the inhabitants of the county within 5 miles of the corporation at a week­ly tax for the relief of them, 1 Jac. c. 31. Lam. 337.

There being no Justice of Peace in the cor­poration, or the infection being in a hamlet the two next Justices of the county may as­sess the inhabitants of the county with­in five miles of the place infected, for th [...] reasonable relief thereof, 1 Iac. c. 31. Lam. 338.

The taxes, upon refusal, to be raised by warrant of the head-officers or Justices upon the goods of the refuser, or upon defaul [...] of goods returned, the party by anothe [...] warrant to be imprisoned, till he make payment thereof with the arrerages, 1 Jac▪ cap. 31.

Taxes made for the relief of places infected are to be certified at the next Q. Sessions, an [...] there to be continued, enlarged, or extende [...] to other parts of the County, or determine [...] [Page 211] [...] the greater part of the Justices, 1 Iac. c. 31. [...]am. 609.

Taxes levied of the county for the relief of [...] infected corporation, are to be disposed by [...]e head-officer and Justices of the corpora­ [...]on, or two of them; and if there be no Ju­ [...]ce, then by the Justices assessors, 1 Iac. [...] p. 31.

Officers negligent in levying of the taxes, [...]se ten shillings to be employed as the taxes, [...] Iac. c. 31.

Watchmen not to be impeached for hurt­ [...]g those infectious persons that being com­ [...]anded to keep in, will in offering to come [...]rth resist the watchmen, 1 Iac. c. 31.

Any infectious person commanded to keep [...], goeth abroad and keepeth company, ha­ [...]ing an infectious sore uncured, it is felony [...]ithout corruption of blood or forfeiture of [...]oods; if without sore, to be punished as a [...]agabond by 39 El. and bound to his good [...]ehaviour for a year, 1 Iac. c. 31.

Officers of a corporation and Justice of the [...]eace in the county, may respectively ap­ [...]oint, swear, and direct searchers, watchers, [...]nd buriers of infected persons and places, [...] Iac. c. 31. Lam. 197.

‘One Justice of Peace may command per­sons dwelling in infected houses to keep in: and, if they go abroad, violently enforce them, 1 Iac. c. 31. Lam. 197. Cro. 122. b. nu. 39. Dal. 90.’

Plaints in Court.

One Justice of Peace may upon complaint [...]xamine the Sheriff or Under Sheriff and [Page 212] Plaintiff concerning the taking and entring of plaints in their County-Court, and books against the statute, or any Bailiff of the Hun­dred for not warning the defendant in such a plaint according to his precept from the She­riff or Under-Sheriff; and if he thereby find them faulty, that shall stand for a sufficient conviction and attainder without further en­quiry or examination; and these examina­tion▪ the Justice must certifie into the Exche­quer within a quarter of a year, on pain of forfeiture of 40 shill▪ for every default, 11 H. 7. 15. Lam. 201. Dal. 137.

Sheriff entring plaints in any mans name that is not present in Court, nor hath any sufficient attorney or deputy, loseth 40 shill. Lam. 431.

So if he enter more plaints then the plain­tiff supposeth he hath cause of action for, 11. H. 7. c. 15. Lam. 431.

Pond and Pond-heads, vide Fish.

.

Poisoning, vide Murder.

.

Pope.

To extol the power of the [...]ope by writing, cyphering, printing, preaching, or any speech, open deed or act advisedly holden or stood with, to extol or defend the power of the Bi­shop of Rome or of his See heretofore claim­ed and usurped within this Realm, or to abet, procure, counsel aid, or comfort such, is tre [...] ­son, for the second offence; for the first offence, Praemunire, Dal. 231. Lam. 411. [...] El. c. 1.

Presentment at the Quarter Sessions for ex­ [...]olling the power of the Pope of Rome, must [...]e certified by the Justices of Peace before whom it was taken into the Kings Bench, [...]ithin 40 daies after, if the term open; if [...]ot, then the first day of the next term, or e­ [...]ery Justice lose 100 pound, 5 El. c. 1.

Popish books.

Printer, buyer, seller, or bringer from be­ [...]ond the sea of any Popish primer, Lady- [...]alters, &c. in any language, or other super­ [...]itious books in English, loseth 40 shill. a [...]ook, whereof one part to the King, another [...]o the informer, a third to the poor of the pa­ [...]ish where the book shall be found, 3 Ia. c. 5.

Two Justices of the Peace may search the [...]ouse or lodging of a popish Recusant, or [...]hose wife is such, for popish books and re­ [...]ques, and finding any unmeet for them to [...]se, must deface and burn them, or being of [...]alue deface them and restore them to the [...]wner, 3 Iac. c. 5.

Poor people.

Traveller with wife and children not being [...]rogne, dieth or runneth away, the Town [...]here that happeneth is not bound to keep [...]hem, where they die, nor send them away, [...]ut only in char [...]ty, except they become [...]andring rogues, Lam. 208. Resol. 7.

Parents able to work are to finde their chil­ [...]en by their labour, and not the Parish, Re­ [...]l. 8.

None is to be removed out of the Town where he dwelleth, or sent to the place of [Page 214] birth or last habitation, but a vagrant, nor found by the Town except he be impotent, Resol. 9.

Persons destitute of houses by expiration of term, or servants out of service, must provide houses for themselves and services, Resol. 9. Dal. 99.

Able bodies, yet idle refusing to work, and no wanderers, are not to be sent to the place of birth or last habitation, but to the house of correction, Resol. 10. by such Justice of Peace as may appoint overseers for the poor, 43 El. c. 2. Lam. 209, & 295. Dal. 99.

Able bodies, yet idle and refusing to work▪ having any lawful means to live by, are not to be sent to the house of correction, Resol. 10. Lam. ibid. Dal. 97.

It is fineable to remove or put any out o [...] the parish, who are not to be put out and such may be sent back, Resol. 11. Dal. 98.

None may take relief at any mans door in the parish, but by the appointment of the overseers nor begge in the high-waies in their parish, Resol. 15.

Parsons, vicars, farmers, or owners of im­propriations, cole-mines, or saleable woods, are to be charged with the relief of the poor▪ Resol. 18, 19.

Bishop and his Chancellour and three Ju­stices of Peace have power to examine how money for the relief of the poor appointed by the statute is bestowed, and to call to ac­count the detainers thereof, 14 Eliz. c. 5. & 39 Eliz. c. 18. Lam. 366.

Justice of Peace proved before the [...]udges of Assize by two witnesses to be in default [Page 215] about the execution of the statute for the poor loseth 5 li. 14 El. c. 5. Lam. 372.

Parents at the Q. Sessions appointed to keep their children, or children their parents, and have not relieved them at their own charges lose 20 shill. a moneth, Lam. 445. 39 El. cap. 3, 4.

In disability of the parish or hundred to re­lieve the poor, the greater part of the Justices at the Qu. Sessions may rate any other parish or hundred thereto, 39 El. c. 3. & 43. El. c. 2. Lam. 611.

Beggars children at the Qu. Sessions may be bound to serve any subject in an honest cal­ling, 14 El. c. 5. & 18. El. c. 3. Lam. 614.

Performance, or not performance of so much of the statute of 14 El. c. 5. for the poor as is not altered by 39 Eliz. c. 3. or 43. El. c. 2. 1 Iac. c. 25. is to be yearly exami­ned at Faster Sessions, Lam. 620.

Overplus of the stock for maimed souldiers is to be imployed by the greater part of the Justices at the Q. Sessions to be such charitable uses as are set down in the statute for the Poor, except by them it be reserved for fu­ture pension, 43 El. c. 3.

Young children the parents being dead, are to be set on work and relieved by the Town where they dwelled at the death of their parents, and not sent to the place of their birth. Dal. 96.

The Justices may compel such as be of abili­ty, to take poor children apprentices, and may binde such masters refusing over to the next goal-delivery: so said Sir Henry Mountague at Cambridge Assizes 1618. and the statute of [Page 216] 43 El. c. 2. seemeth to warrant as much, the words whereof are to this effect:

It shall be lawful for the Churchwardens and Overseers, or the greater part of them, by the assent of two Just [...]ces of the Peace to bind any such chil­dren to be apprentices where they shall see conveni­ent cause, Dal. 93. or the Churchwardens or Over­seers, with the assent of two such Justices, may impose a competent summe of money upon such re­fuser for putting out such an apprentice, and up­on refusal to levy it upon the Justice of Peace his warrant by distress and sale of the offenders goods, Dal. 93.

If the Parents without good cause shewed, refuse to suffer their children to be apprenti­ces, the Justices may binde them over to an­swer their contempt; if the child refuse, send him to the house of correction, quousque, &c. Dal. 93.

A master putteth his apprentice into appa­rel, he cannot take it away though he part with the apprentice, Dal. 96.

Two Justices of Peace, one being of the Quorum, may send to the house of correction or gaol such as imploy not themselves in work being appointed, 43 El. c. 2.

Possession actual and in Law.

If after the death of A. another man aba­teth or entreth into his house forcibly before the heir of A. hath gotten any actual possessi­on indeed, the heir of A. shall have no resti­tution, because he had a possession in law one­ly, Lam. 153. Dal. 217.

Information of ariot is a sufficient cause to [...]aise the power of the county, though indeed [...]here were none, Lam. 315. Dal. 114. Cro. 62. [...]. nu. 22. & 64. b. nu. 49.

Power of the county is raised without [...]nowledge or information of a riot; if when [...]hey come they finde one, it is lawful, and [...]hey may proceed to punish it, Lam. 316. Dal. [...]14. Cro. 62. b. nu. 20.

Power of the county in suppressing a riot, [...] de Riot.

The Justices of Peace, Sheriff, or Unde­ [...]heriff, in levying power of the County, may [...]ave the aid of all the Knights, and other [...]emporal men under that degree that are a­ [...]ove the age of 15. and able to travel, upon [...]ain of imprisonment, fine, and ransome to [...]he King, Dal. 113. Lam. 315. Cro. 157. b. But it [...]s referred to the discretion of the Justices how [...]any or how few they will have, and in what [...]ort they shall be armed, Dal. 113. Lam. 315. Cro. 64. b. nu. 49.

One Justice of Peace may take power of the [...]ounty, to suppress rioters, and need not tar­ [...]y till his fellows come, Cro. 157. b. Dal. 110. Lam. 181.

Constable may take the aid of his neigh­bour to arrest another upon an affray, Cro. [...]58. a. Lam. 134.

Sheriff upon a writ of execution returned [...]hat he could not execute it for resistance, and was amerced 20 marks because he took [...]ot the power of the county, Cro. 158. a. Lam. [...]57. Dal. 216.

Preacher.

He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon­time, is to be bound to his good behaviour have three months imprisonment, Lam. 416. 1 M. c. 3.

If the disturber of any Preacher be arrested and brought before any Justice of Peace, upo [...] due accusation & examination heard, either by the arrester or other person, he shall forth­with commit the party so taken to custody by his discretion; and within six daies after another Justice joyning in examination, the [...] upon confession of the party, or conviction o [...] two witnesses, may commit him to prison for three months, Lam. 195, 333. 1 Mar. c. 3.

Quaere if all the statute of 1 Mar. 3. be no [...] repealed by the general words at the latte [...] end of the statute 1 Eliz. c. 2. Dalt. 103, 104. Sir Nich. Hides opinion cited that it was whol­ly repealed.

Precept, vide Warrant.

.

Praemunire.

Refusal to take the oath of the Kings su­premacy, the first offence is praemunire, th [...] second treason, 5 El. c. 1. Lam. 411. 23 El. c. 1▪

To aid, comfort, or maintain one that hath committed treason in using of bulls, is praem [...] nire, 23 El. c. 1. Lam. 413. Vide Treason.

To hold, set forth, or defend the power spi­ritual of any forein Prince or person hereto­fore claimed, used, or usurped within th [...] Kings dominions by writing, printing, [Page 219] preaching, express deed or act maliciously or directly, or to put in use or execute any thing to that end, the first offence is praemunire, the second treason, 1 El. c. 1. & 5 El. c. 1. enquirable by words of 23 El. c. 1. & Lam. 411.

He which aideth any person that putteth in [...]ure any bull, writing, or instrument of abso­lution gotten from the Bishop or See of Rome, &c. to the intent to uphold the autho­rity of the See of Rome, incurreth praemunire, 13 El. c. 2. & 23 El. c. 1. Lam. 413.

To bring from the Bishop or See of Rome, or any claiming authority from it, Agnus Dei, crosses, pictures, beads, grains, or such like su­perstitious things, or to deliver or offer them, or cause to be delivered or offered to any of the Kings subjects to use or wear in any wise, or receive them to such intent, and not to ap­prehend the offender, or within three daies disclose him to the Ordinary or other Justice of Peace, or within one day deliver the things received to a Justice of Peace, 13 El. c. 2. & 23 El. c. 1. Lam. 414.

The forfeiture in cases of Praemunire upon the Statute of 16 R. 2. is to forfeit his lands and tenements in fee for ever, his lands in tail for his life, and all his goods and chattels, and to have a perpetual imprisonment, and to be out of the Kings protection, Cro. 14. a. Dal. 234, 235. But quaere if he be attain­ted upon 27 of E. 3. 1. if he appear at the day of the praemunire returned, Dal. ibid. Br. Praemunire 6. Coo. 11. 34. Instit. 129. & 130. at large.

A man may not kill him which is attainted in the praemunire by 5 El. c. 1. but before he [Page 220] might, for they were out of the Kings pro­tection, Cro. 15. a. b.

One lawfully imprisoned untill the next Sessions, for refusing the oath of Allegeance, and there again refusing it, incurres a praemu­nire, except married women, who are onely to be imprisoned without bail, 3 Jac. c. 4. & 7 Jac. cap. 6.

Just. of P. not disclosing nor certifying within 14 daies the name of him which bringeth any Agnus Dei, crosses, or pictures, to one of the Kings Councel, 13 El. c. 2. is pra­munire, Lam. 195, 372.

Broakers of bargains contrary to the sta­tute of 37 H. 8. c. 9. provided against usury, shall be punished as Councellors, Attorneys or Advocates in case of praemunire, 39 El. c. 18. 13▪ El. cap. 8.

Delivering or sending any relief to a Jesu­ite, Priest, or other remaining in any Col­ledge of Jesuites, incurreth praemun [...]re, 27 El [...]z. cap. 2.

Presentment.

Presentment is a declaration of the Jurors or Officers without any bill offered before, Lam. 485.

It differeth from an indictment, which is the verdict of the Jurors that be charged to enquire of that offence which is offered, Lam. 486.

What shall be a good Presentment.

Presentment at a Sessions where the style is in the name of three, and the presentment ta­ken by two, Lam. 383.

Presentment where some of the Jurors be [...]llied or of blood to him that procureth the [...]ndictment; but it is no discretion in the Ju­ [...]tices to suffer such to be impanelled, Lam. [...]98.

Presentment of a Jury of an hundred, of an offence done in another hundred, Lam. 399.

Constable presents a fault at the Sessions which belongeth to his office, which is al­lowed by the Enquest, it is good: otherwise it shall not serve for an End [...]ctment, Cro. 25. b.

‘Constables, Churchwardens, Aleconners, Sides▪men, may present all offences contra­ry to 4 Jac. c. 5.’

Presentment where all were not sworn, if [...]he Record be that all were sworn, Lam. [...]99.

Where the declaration of the Offi [...]ers of the Sessions shall have the force of a Presentment.

A Justice of Peace upon his own know­ledge of offences against the statute of 2 & 3 P. & M. c. 8. & 5 El. c. 13. of high-waies, Dal. 67. Cro 125 b. 195. a. nu. 5.

Searchers appointed to examine the true making of tile, 17 Ed. 4 c. 1. Lam. 508.

Constable for sundry points in the statute of Winchester, 13 Ed. 1. Lam. ibid.

Amendment of a presentment, vide V [...]nire facias.

Priests, vide Jesuites.

.

Principal and Accessary, vide Accessary.

‘Imprisonment, is the putting of a person from his liberty unto the custody of the Law, to answer to that which shall be ob­jected, Lamb. 228. Dal. 343.’

‘A man is in prison so long as he is in sigh [...] of his Gaoler, though he break away, Dal. 276.’

‘No man shall commit another to prison, except he be a Judge of Record, Dal. 344.’

‘Constable imprisoning a suspect for felony; may lock the stocks, and put irons on him, and in conveying him to the Justice or gaol, may pinion him, or otherwise make him sure that he cannot escape, Dal. 350.’

One committed to prison for refusing to find sureties for the peace, shall remain there till he freely offer and find them, Lam. 93. Dal. 171.

One committed for denying to find sureties for the peace, may not be delivered upon the death or release of the party, without help of the Sessions or gaol-delivery, Lam. 93. Quaere.

One was imprisoned till he made fine for that he stood by whilest one was slain, because he did not his best to attach the murderer, Lam. 132.

The Sheriff or gaoler may imprison in his house, or in the common gaol at pleasure, Dal. 347. Quaere Cro 169. b. Lam. 133.

Constable cannot imprison in his house but in the stocks, and that but until he may pro­vide convenient aid to convey him to the Ju­stice of Peace or to the Gaol, Dal. 348. Lam. 133.

Just. of Peace cannot commit felons to pri­sons which be not common gaols, nor make [Page 223] gaol of their own houses, Lam. 133. 5 H. 4. c. [...]0. Cook 9. 119. b. 23 H. 8. c. 2. Dal. 347.

Justice of Peace may commit to the stocks [...]ome offenders against certain penal statutes, Dal. 347.

Breach of prison is the escape of a Felon, [...]hough not indicted, out of the gaol, stocks, [...]r possession of any keeper, Lamb. 229. Dal. [...]75.

One imprisoned upon a capias pro fine is to [...]e delivered upon payment thereof, Lam. 574. [...]r upon pledges by Recognizance for pay­ment thereof, Lamb. ibid.

Prisoners.

Every one who is under arrest for felony, [...]s a prisoner as well without prison, as in the [...]tocks, in the high-way, or in the poss [...]ssion of him that arrested or hath the keeping of him, Dal. 275, 343.

To break prison is felony, being commit­ted for felony, Lam. 228, 424.

‘It is no matter whose prison is broken, whether the Kings or other persons, whe­ther it be common or private gaol, or the Constables house, or others house who hath the custody of him for felony, Dalt. 275. Stam. 31.’

Rescous to help a prisoner comm [...]tted for felony to get away, is felony, Lam. 229, 424.

If an officer or other whatsoever by his wil­full default suffer a prisoner to escape, it is fe­lony, Lam. 229, 424.

Prison-breach is to escape out of the stocks, or out of any mans possession, Lam. 229.

‘A Constable voluntarily suffereth a thief [Page 224] to drown himself; it is felony in the Con­stable, Dal. 276. but if the thief kill, hang, or drown himself, it is a negligent escape, Dal. Ibid.

Prisoner of sufficient ability shall bear his own charges, and of them that shall be ap­pointed to guard him to the gaol, and he re­fusing, the Constable of the parish where he dwelleth, by warrant from the Justice that committed him, may levy the same by dis­tress and sale of his goods after apprizement by four of the parish, the overplus to be deli­vered to the owner, 3 Jac. c. 10.

Prisoner not of ability, and those that guard him, to have their charges from the place of apprehension to the gaol born by the parish where he is apprehended, the same to be equally taxed by the Constables and Church wardens, and two or three of the In­habitants, and allowed by the Justice of Peace, 3 Jac. c. 10.

Any lawfully taxed for the charge of bringing a prisoner to the gaol, and refusing to pay it to the Constable or other officer of the parish, by warrant from the Justice of P. that committed him, may levy the same by distress, and ▪after apprizement by four of the parish) sale of the goods, giving the owner the overplus, 3 Jac. c. 10.

Defendant in any action of a distress taken by force of the statute of 3 Jac. c. 10. may plead not guilty, and give the special mat­ter in evidence, and upon recovery or non­suit shall have treble damages, 3 Iac. c. 10.

Prisoners discharged by Justices of Peace who take the indictment to be void, may be [Page 225] stayed if they change their opinion before [...]udgement, Lam. 540.

‘A man outlawed for felony is imprisoned amongst traitors, and breaking prison set­teth them loose, this is rescous of a traitor, and treason, Cro. 35. a. nu. 5, 6.’

Privy Sessions, vide Sessions.

.

Process.

Process hath the name because it proceed­eth or goeth out upon former matter either original or judicial, Lam. 519.

Suggestions and informations, whether by word or writing, are but to stir up the Justi­ces to commend the cause to the Inquest, and not to award process upon them, Lam. 509. unless it be in certain causes where it is espe­cially given them by statute, ibid.

Authority to make process upon endict­ments is given to the Justices by words of their commission, or by implication where the power of hearing and determining is given by their commission, Lam 520.

‘Process ought alwaies to be in name of the King with Non omittas, &c. with Teste of any two Justices under their hands sitting in Court, Lam. 520. Dal. 412.’

No process, plea, or suit, is to be discon­tinued by making a new commission of the Peace. 11. H. 6. c. 6. & 1 Ed. 6. c. 7. Lam. 520 See the end of 1 E. 6. c. 7.

Process upon all endictments of trespass a­gainst the Peace or upon special statute is Ve­nire facias; and if he be thereupon returned sufficient, then a Distringas Infinitè; if he be [Page 226] returned Nihil habet, then Capias alias, pluries, Exigent. Lamb. 522, 523. Dal. 412.

Process upon the stat. of unlawful games, liveries, maintenance, archery, &c. Venire fa­cias, Capias, Exigent, 33 H. 8. c. 10. Quaere if it be not repealed by 37 H. 8. c. 7. Lam. 523.

Process upon the statute of Victuals, at tach­ments, Capias, Exigent, Lam. 523, 524.

Process upon depraving the Sacrament is two, Capias, Exigent, Capias, utlegatum, and may be sent by any three Justices into any shire, one being of the Quorum, Lam. 524.

Justice of Peace may award process into a forein county against an accountant for money levied for making a gaol, 25 H. 8. c. 5▪ 5 El. c. 24. Lam. 525.

Justices of Peace where the servant de­parted, may award a Capias to the Sheriff of the shire whereinto he departed, returnable before themselves. 5 El. c. 4. So where a decai­ed bridge is in one county, and the party or land chargeable do lie in another county, Lam. 525. 22 H. 8. c. 5.

One indicted of treason or trespass in one county, is imprisoned in another; the Justices may award Habeas Corpus to remove him be­fore themselves, Lam. 526.

Process upon indictment of felony may be sent into any forein county, 5 E. 3. c. 11. Lam. 527.

Process upon indictment of felony is two Capias and an Exigent, 23 E. 3. cap. 14. Lam. 528.

Indictment of treason, felony, or trespass in one county nameth the indicted to be of another; the first process shall goe into the [Page 227] county where he is indicted, the second to the county where he is named, to be returnable [...]hree months after: and if he be not to be found there, then that Sheriff to make pro­ [...]lamation at two County Courts before the [...]eturn, that he appear before the Justices of [...]he County where the indictment is at the lay in the Capias; and if he appear not, an Exigent to be awarded, 8 H. 6. c. 10. Lamb. 525, [...]26.

The two Justices of the Peace which have [...]he over-sight of the Sheriffs books and of the [...]merciaments, upon suggestion may make process as in an action of trespass against the offenders of that stat. to answer before them, [...] 1 H. 7. c. 15. Lam. 360.

No process is to be awarded by the Justi­ [...]es after outlawry, but they are to certifie the [...]utlawry into the Kings Bench, Lam. 521, 522.

Process upon informations must be such [...]s the statute whereupon they are grounded doth appoint, Lam. 528.

The Sheriff or his minister that hath ar­rested, or caused any fine, ransome, or a mer­ciament to be levied by reason of indictment or presentment at the Sheriffs turn or law-day without process from the Justices, loseth 40 pound, 1 E. 4. c. 2. Lam. 431, 521.

Informations made in the Sessions that an alehouse keeper hath done any thing where­by he hath forfeited his recogniz. the Justi­ces of P. may award process against him, to shew cause why he should not forfeit his re­cognizance, Lam. 524. but quaere what pro­cess, Lam. 524.

Process cannot be awarded by the Justice [...] of Peace upon any forfeited recognizance, except ale-houses, but they must certifi [...] them to the higher Courts, Lam. ibid.

Proclamation.

Justices of Peace cannot acquit felons by Pro­clamation, or without sufficient acquital; an [...] if they cannot indict them, they must re­main till the gaol-delivery, Lam. 549, 550.

The form of Proclamations to remove [...] force upon a writ upon the statute of North­bampton, vide Lam. 168, 169. Dal. 61, 62,

Constable, if any affray be dangerous, may make proclamation, Lam. 132. Dal. 33. ma­keth a quaere.

One Justice of Peace may make a procla­mation in the Kings name to stay a riot. Lam. 183. Quaere for the statutes, 1 M. 12. 1 El. cap. 19. are expired.

Justices of Peace at every Sessions use to make proclamation, that if any will inform for the King, he shall be heard, Lam. 520.

Proclamation annexed to the statute of 4▪ H. 7. c. 12. is to be read every Q. Sessions, or e­very Justice present loseth 20 shill. 4 H. 7. 12. Lam. 633. Quaere if of force now.

Promoters, vide Informers.

.

Prophesying.

Prophesier with intent to make rebellion [...] dissention, loss of life, or other disturbance [...]n the Realm, being convicted thereof before the Justices of Peace shall be imprisoned one year without bail for the first offence, and forfeit [Page 229] also ten pound; for the second offence im­prisoned all his life, and lose all his goods and [...]hattels real and personal, and to be impeach­ [...]d within six months, 5 El. c. 15. Lam. 415, [...]16.

Purveyors.

If purveyors, caterers, or servants of any [...]an but the King, take any thing without [...]he owners will, or as they can agree and [...]ake present paiment it is felony, Lam. 231. Dal. 282. Cro. 48. a.

Purveyor shall not take cart or other pro­ [...]ision of any Prelate or Clerk.

Purveyor, his deputy undertaker, or ser­ [...]ant, maketh purveyance without warrant [...]f any thing above 12 pence, without con­ [...]nt of the owner, it is felony, 2 & 3 P. & M. [...]6. Lam. 422. Dal. 286. Cro. 48. a.

Purveyor taking any carriage in other [...]anner then is comprised in his commission, is felony, 36 Ed. 3. cap. 2. Lam. 423, Dal. [...]86.

Or any purveyance without commission [...]nder the great Seal, Dal. ibid. Cro. 48. b. it is [...]lony.

Or make purveyance of goods above 12 [...]ence, without testimony and apprizment of [...]e Constable and four honest men of the own, and without delivering tales or Inden­ [...]ures under his seal testifying his purvey­ [...]nce, it is felony, Lam. 423. Dal. 286.

Quaere if it be but of the value of 40 shill. [...]r under. Quaere by whom the apprizement [...]hall be made, and between whom the Inden­ [...]ures shall be made, Dal. 287.

To take more victuals or carriages for the Kings house, then he shall deliver to the same house, is felony, Dal. 287.

To take sheep in their wools betwixt Ea­ster and Midsummer at small prices, and t [...] carry them to his own house to shear them Lam. 423. Dal. 286. 23 E. 3. cap. 15. is fe­lony.

Quaere if the felony of purveyours by 36. E▪ 3. c, 6. be not altered by 23 H. 6. 1 & 2.

Purveyour taking any thing of the value o [...] 40 shillings or under, without present pai­ment, loseth double the value of the thi [...] taken; and the Constable upon request made not aiding him to resist the purveyour [...] taking, loseth double damages.

And any of the Kings officers procurin [...] any to be arrested or vexed for such res [...] ­stance, loseth 20 pound, 20 H. 6. c. 8. & 2 [...] H. 6. c. 2. Lam. 439.

Purveyour taking any thing of any man t [...] spare him, is to be imprisoned two years, pa [...] treble damages, and ransome, Lam. 439.

Purveyour taking corn by other measur [...] then the stricken bushel, or by any mor [...] then eight such bushels to the quarter, an [...] that hath taken carriages therefore witho [...] making ready paiment, is to be imprisone [...] one year, and pay five pound unto the Ki [...] and 5 pound unto the party, 25 E. 3. c. 1. 3 [...] E. 3. c. 3 & 1 H. 5. c. 10. Lam. 439.

Purveyor of timber or his deputy, causin [...] any timber to be felled fit for barking, b [...] only in barking time, except trees for building or repairing the Kings ships or houses, o [...] having taken any profit by the lops, tops, o [...] [Page 231] barks of any trees, or having taken from the owner any more of any tree then onely the timber, loseth 40 shill. for every tree, Lam. 438, 439. 1 Jac. c. 22.

Dockets of Purveyours ought to be deli­verd over to the Justices of Peace at the next general Sessions, and by the Justices to be cer­tified to the Treasurer of the Kings houshold, 2 & 3 P. & M. c. 6. Lam. 614.

Purveyour taking any provision for the Kings house by force of his commission, and [...]elling away the same, his first taking is extor­ [...]ion, and he is punishable as a trespasser, if not [...]s a felon, Dal. 287.

Undertakers, deputies, servants, and all o­ [...]her which under colour of the Kings Com­mission, to the Kings Purveyors, do take any victuals against the statute, are liable to the pains therein mentioned against purveyours, 2 & 3 P. & M. c. 6. Cro. 48. b.

Justices of Peace are to certifie to the Trea­ [...]urer of the Kings houshould the dockets of purveyours (brought to their Sessions by Constable) that the serving of such Commissi­ons and the true answering of purveyance may be better examined thereby, Lam. 590. 2 & 3 P. & M. c. 6.

Upon malice prepensed to put out any ones eyes, is felony, 5 H. 4. c. 5. Cro. 49. a. Lam. 256, 420. Dal. 280.

Quarter-Sessions, vide Sessions.

.

Rape, or Ravishment.

DEflowring of a maid under ten years o [...] with, or without consent, is felony wi [...] out Clergy, 18 El. c. 6. Lam. 256, 421. D [...] 290. Cro. 47. b.

Ravishing of a woman against her w [...] without consent either before or after [...] fact, or being with force, though after [...] do consent, is felony without Clergy, We [...] c. 34. 18 El. c. 6. Lam. 256, 241. Cro. 47. b. D [...] 290.

To be present and aiding the ravisher, rape, Lam. 258. Cro. 47. b. Stam. 24. Dal. 29▪

No rape where the party deflowered conc [...] veth with child, Lam. 257. Dal. 289. Cro. [...] b. Stam. 24.

Deflowering of one kept as the deflower [...] concubine, is a good plea upon an appeal t [...] it is no rape; otherwise of another mans cocubine, Lam. 257. Cro. 47. b. Stam. 24. D [...] 290.

Force without carnal knowledge is no ra [...] Lam. 257, 258.

See the statute de Officio Coronatorii m [...] 4 E. 1. Complaint must be made within sodaies, but otherwise in an appeal.

A woman that is ravished ought presen [...] to levy hue and cry, and to complain the [...] presently to some credible persons; Dal. [...] Cro. 100. a. Stam. 22. indictment of rap [...] no time to be observed.

To ravish a woman who consenteth [...] fear of death, &c. is ravishment; for cons [...] [Page 233] ought to be voluntary and free, Dal. 290. [...]. 48. a.

Consenting after rape doth not hinder [...]ut that the husband, and if she have no [...]usband, the father or next of bloud may [...]ursue the ravisher, to have him convicted, [...]. R. 1 [...]3.

Rates, vide Taxation.

.

Rebellious assemblies.

The statutes 1 M 12. and 1 Eliz. are dis­ [...]tinued, Dal. 222.

Recognizance.

Recognizance is a bond of Record testify­ [...]g the Recognizer to owe a certaim sum of [...]ny to some other, and the acknowledge­ [...]ent of the same is to remain of record, and [...]ne can take it but onely a Judge or Officer [...] Record, Dal. 334.

Every Recognizance taken by a Justice of [...]ace, must be made by these words, Domino [...]egi, upon pain of imprisonment of any per­ [...]n that shall take it otherwise, 33 H. 8. c. [...]. Cro. 196. b. nu. 11. Lam. 162. Dal. 175, [...]9.

Sureties in Recognizances ought to be Sub­ [...]dy-men, and they must be two besides the [...]rty himself, Lam. 101. Dal. 175.

It is in the discretion of a Justice of Peace, [...]he take a recognizance ex officio, to appoint [...] allow the number of the sureties, their suf­ [...]ciency in goods and lands, the sum of mo­ [...]ey, and how long he shall be bound, Dal. 174. [...]am. 100.

If a Justice of Peace be deceived in the a­bility of the sureties, he may compel the par­ty to put in another, Lam. 100. Dal. 178.

Recognizance of the Peace, without ex­pressing in the condition that it was for keep­ing of the peace, seemeth void, Lam. 103. Dal. 175.

So it is if a recognizance be, that a recogni­zer shall not maim or beat A. without ex­pressing keeping the peace, Lamb. 103. Dal. 175.

Recognizance comprehending no time o [...] appearance, but generally to keep the peace, is good, Lam. 103. Dal. 176.

Recognizance for the peace upon a supp [...] ­cavit, is not of necessity to be returned until [...]ertiorari, Lam. 109. Dal. 177.

Recognizance taken to keep the peace a­gainst one especially, quaere if it be good, Lam. 104. Dal. 176.

‘Recognizance taken to belevied only of the goods or only of the lands of the cogni­zer, seemeth to be good enough, Lam. 104. Dal. 167.’

‘Wife or insant under the age of discre­tion are to be bound to the peace by their sureties only, Lam. 101.’

Recognizance taken ex officio, if default of appearance be made, may be removed by Certiorari, Lam. 109. Dal. 178.

Recognizance not forfeited is discharged by the death of the King, of the cognizer o [...] the party suing for it, if it were against him alone, Lam. 113. Dal. 141.

The sureties dying, the recognizance is good against the executors, Lam. 113. Dal. [...]41.

Recognizances taken are to be certified not­ [...]ithstanding the death of the King, Lam. 103. [...] of the recognizer, or of the party at whose it it was granted, Lam. 113.

The Recognizance being forfeited, the Ju­ [...]ces shall in discretion require new sure­ [...]s, or commit him to prison, Lam. 114. Dal. [...]3.

Recognizance of the peace brought into [...]e Custos Rotulorum, and not pursued by [...]e party, may be called upon for the King [...] the Clark of the Peace, ibid.

Justices of the Peace cannot award process [...]on a forfeited Recognizance, but it must [...] certified into the higher Court, except re­ [...]gnizance for alehouses, Lam. 589. Dal. [...]7. Cro. 167. a. & 196. b. nu. 9. and the cause [...] the forfeiture, Dal. 177.

Recognizances or examinations taken con­ [...]erning suspects or felons, are to be certified [...] the next general goal-delivery, 2 & 3 P. [...] M. c. 10. Lam. 212.

Recognizances taken by a Justice of Peace [...] officio, are to be brought into the Custos Ro­ [...]lorum at the next general Sessions, Lam. [...]9. Dal. 177. Cro. 139. a. but no pain by [...]e statute of 3 Hen. 7. 1. if he do not, Br. [...]eace 11.

None but the King can pardon a Recogni­ [...]nce once forfeited, Lam. 111. Cro. 140. b. [...]al. 181.

‘Recognizance taken where the Justice hath no authority, is void. And taken by authority, if the Justice insert other matter [...]it is vo [...]d, Cro. 196. b. nu. 7.’

‘A Recognizance taken by a Justice of [Page 236] Peace is a matter of Record so soon as i [...] taken and acknowledged, although it b [...] not made up, but entred into his book, nay, although it be not entred, Dal. 336. Sta [...] 77. b. E. Brook Record. 58.’

Reconciliation, vide Treason.

.

Records.

Records be nothing else but memorials o [...] monuments of things done before Judge [...] that have credit in that behalf, Lam. 63.

If a Record say any thing, no man shall b [...] received to aver or speak against it, [...] 63.

The Judges may correct or amend any Record in the term wherein the Record is to be made, but after they have no power at al [...] over them, Lam. 64.

The Record or Testimony of a Justice o [...] Peace is in some cases of greater force the [...] an endictment of a Jury, and against it the party shall not be admitted to traverse, Lam. 65.

Embezelling of a record is felony, but no [...] to be dealt withal by Justices of Peace, Lam. 231, 549.

Precepts for surety of the Peace, special Records for conviction of forcible entries, made out of the Sessions, are not records of Sessions, Lam. 389.

Records of causes determinable at the Ses­sions taken by the Justices of Assize at their Goal-delivery as Justices of Peace, are to be left with the Clark of the Peace to be brought to the next Sessions of the Peace, Lam. 391.

One pleadeth a record before other Justi­ [...]es by way of justification, the Justices ought [...] give him day to bring in the record, Lam. [...]65.

A Justice of Peace upon a Commission [...]eing convicted by oath of twelve men of [...]mbezeling, wilful rasing of an indictment, [...] maliciously enrolling that for an indict­ [...]ent which was not found, or changing an [...]dictment of trespass into an indictment of [...]lony, loseth his office, and shall be fined and [...]prisoned according to his offence, Lam. [...]31.

‘To rase a record is felony; yet if a Judge do embezel or rase a record, it is but mispr [...]sion in a Judge, Dal. 283. Br. Coron. 174. & Treason 31.’

‘Embezeling of any record, writ, return, panel, process, or warrant of Attorney [...]n Chancery, Kings Bench, Exchequer, Common pleas, or Treasury, is felony in the parties, their counsellers, procurers, or abet­ters, Dal ibid.

But it seemeth that Iustices of Peace have [...]ot to do with these felonies, Lam. 5▪ 9. Cro. 56. 8. H. 6. c. 12. Dal. 283. for that these records [...]de not remain with the Iustices of Peace, Cro. [...] ibid.’

Recusants.

Wilfully absenting themselves from Church [...] 2 moneths, contrary to 1 El. c. 2. and convi­ [...]ted, being of 16 years of age, are to be bound [...]o the good behaviour, upon certificate of [...]ne Justice of Peace to the Kings Bench, 1 El. [...]. besides other penalties, 23 El. Dal. 104.

Every Justice of Peace may give notice to any person to forbear to receive or keep such as shall obstinately refuse to come to the Church by the space of a moneth together, 35 Eliz. cap 1.

Heir of a Recusant being a Recusant at his Ancestours death, conforming himselfe, and taking the oath of supremacy made 1 Eliz. before the Archbishop or Bishop of the Dio­cess, shall be free from penalties for the recu­sancy of his ancestour, 1 Jac. c. 4.

Heir of a Recusant being under 16 years at the death of his ancestour, at or after 16 years becomes a Recusant, he is not to be freed of his ancestours penalties for recu­sancy, till conformity as aforesaid, 1 Jac. cap. 4.

Two parts of Popish Recusants lands be­ing seised for the paiment of 20 li. a moneth, the third is not to be charged with it, but is to descend to his heir, and the two parts to remain in the Kings hands till he be satisfied thereof both for the ancestour and heir, 1 Jac. cap. 4.

Any sending his children beyond the sea [...] out of the Kings dominions to any religious house, to be instructed or strengthened in Po­pery, loseth 100 pounds, and the person so going, or being there, and not returning within one year, and submitting, is disabled to inherit, purchase, or take any lands o [...] goods in his Majestie, dominions, till confor­mity, 1 Iac. cap. 4.

Estates in trust for benefit of any sent be­yond the sea to any religious house to be in­structed in Popery, are void, 1 Iac. c. 4.

‘Justice of Peace not certifying at the next Q. Sessions the oaths taken of any re­conciled to the See of Rome, upon his sub­mission, returning into the Realm, doth forfeit 40 pounds, 3 Jac. c. 5. Lam. 633.’

Forfeitures upon the statute of 1 Jac. c. 4. against Popish Recusants, half to the King, and half to the suer in any the Courts of Re­cord at Westminster by action of debt, &c. 1 Jac. c. 4.

Popish Recusant conforming himself in coming to Church according to the law, and after convicted for not receiving the Sacrament once every year, loseth for the first year 20 pound, for the second year 40 pound, for the third year 60 pound: And if after conformity in receiving the Sacrament, [...]he offend therein, he loset [...], for every offence 60 pound, one moity to the King, the other [...]o the informer, to be recovered in any of [...]he Kings Courts at Westminster or before the [...]udges of Assize, or Justices of the Peace at [...]heir Quarter Sessions by action of debt, &c, [...] Jac. c 4. Lam. 418.

Constables and Churchwardens, or, for want of them, the high Constable once every [...]ear, are to present the monethly absence of [...]opish Recusants from Church, with the [...]ames of the servants and children above [...]ine years old, or lose 20 shillings for every [...]ffence, & upon their conviction to have 40 [...]hill. out of their goods, 3 Iac. c. 4. Lam. 616.

Clark of the Peace is to record the Present­ment of Constables and Church wardens for [...]onthly absence from Church, without fee, [...]1 loseth 40 shill. 3 Iac. c. 4.

Offences upon any statute for not going to Church or receiving the Sacrament, may be heard and determined by the Justices of Peace at their Quarter Sessions, as Justices of Assize might before, 3 Iac. c. 4. Lam. 617.

Upon an indictment for not coming to Church, or not receiving the Sacrament, Ju­stices of the Peace at their Qu. Sessions may by proclamation command the indicted to render his body to the Sheriff before the next Qu. Sessions or Assizes, and in default of ap­pearance, then the same to be a sufficient con­viction, 3 Iac. c. 4. Lam. 616.

Popish Recusant convicted of not coming to Church according to law, shall in Easter or Michaelmas term next after the convicti­on, pay into his Majesties receit after the rate of 20 pound a month, and so to continue without any other indictment, till he con­form himself; and in default of payment, all his goods and two parts of his lands to be seised till conformity, leaving the mansion-house to the third part, 3 Iac. c. 4.

The King seising two parts may not let it to any Recusant, nor for their use, and the lessee must give security to the King not to commit waste, 3 Iac. c. 4.

Indictments against Popish Recusants are not to be avoided for want of form until conformity, 3 Iac. cap. 4.

Justices of Peace may hear and determine, all offences against the statute 3 Iac. c. 4. ex­cept treason, 3 Iac. c. 4. Lam. 617.

Attainder of felony upon the statute of 3 Iac. c. 4. of Popish Recusants, barreth not dower, nor corrupteth bloud, 3 Iac. c. 4.

Any pursued for doing any thing warran­ [...]ed by the statute of 3 Iac. c. 4. may plead the [...]eneral issue, and give the special matter in [...]vidence, 3 Iac. c. 4.

Husband is not chargeable with the forfei­ [...]ure of the wife upon the statute of 3 Iac. c. 4. [...]r not receiving the Sacrament, nor the wife [...]fter his death.

Popish Recusant convict, coming to the Court where the King or his heir apparent [...]s, without the Kings command, or warrant [...]n writing from the Councel, loseth 100 li. [...] Iac. c. 5. the one half to the prosecutor.

Recusants convicted or other forbearing [...]or three months to hear divine service, now [...]welling in London or within ten miles (ex­ [...]ept tradesmen having no other dwelling) [...]re to depart within forty daies, and if they [...]ome to dwell there within three months, [...]hen to depart within ten daies after convi­ction, and to deliver their names to the Maior of London or the next Justice of the County, or lose 100 pound, 3 Iac. c. 5. the moiety to [...]he prosecutor.

Every one not repairing every Sunday to some usual place appointed for Common-prayer, there to hear divine service, upon con­viction within one month after default, up­on consession, or oath of one witness, one Ju­stice; of Peace may call the offender before him, and if he cannot satisfie the Justice by excuse for his absence; the Churchwardens by warrant from the Justice of Peace, may levy 12 pence for every default by distress and sale of the offenders goods; and in default of distress the Justice may commit him till he [Page 242] pay it, which is to be imployed for the poor, 3 Iac. c. 4. Dal. 105. Coke 11. 61. b.

They which harbour within their houses any (except parents or others to whose custo­dy they are committed) or knowing the same, retain in their service any absenting them­selves a month together from Church with­out reasonable excuse, lose ten pound a month, 3 Iac. c. 4.

The King or five Lords of the Privy Councel may by writing under the hands of the Privy Councel licence a Popish Recu­sant confined five miles to travel out of his compass for such time as is contained in the licence, without inserting any cause, 3 Jac. cap. 5.

Popish Recusant confined to five miles, in­forming upon oath four Justices of Peace that he hath necessary occasion to travel farther, and that he will make no causses staies, they with the asse [...]t of the Bishop of the Diocess, Lieutenant or his Deputy, under their hands and seals, and specifying in their licence the cause and time of travel, may by licence under their hands and seals give liberty to him to travel forth of his compass, all other licences to be void; and any travelling without such licence, not having taken such o [...]th, shall forfeit as a Recusant convicted by the statute of 35 Eliz. cap. 2. 3 Iac. cap. 5. Dal. 109. Lam. 365. and any one of the four Justices may minister the oath, 3 Iac. cap. 5. Lam. 296.

Statute 35 El. c. 2. confining Popish Recu­sants to certain limits is hereby confirmed, and the proviso for licensing them to goe-beyond [Page 243] their limits is hereby repealed, 3 Jac. cap. 5.

Popish Recusants convicted are not to practise the common or civil law, not phy­sick, nor to execute any offices, places, or trades belonging to any of them, nor to be Minister or Officer in any Court, nor to have any place of command, or office in warre, nor any office or charge in any ship, castle or fortress of the Kings, on pain of 100 pound, one moiety to the King, the other to him that will sue 3 Jac. cap. 5.

Popish Recusant convicted, or whose wife is a Popish Recusant, during recusancy not to execute any publick office or charge in the Realm, 3 Iac. c. 5.

Married woman being a Recusant convi­cted, whose husband is not convicted not conforming her selfe according to law, for­feiteth to the King two parts of her dower or joynture, and is disabled to be executrix or administratrix to her Husband, 3 Iac. c. 5.

Popish Recusant upon conviction is to be adjudged excommunicate to all intents, ex­cept in being able to sue for or concerning his lands and leases not seised by the King, 3 Iac. cap. 5.

Recusant convicted, married otherwise then by a minister lawfully authorized, and accor­ding to the orders of the Church, is disabled to be tenant by courtesie, or in dower, or by joynture, or to have widows estate, or frank-bank, or any part of her husbands goods; and marrving any, by whom he is not intituled to be tenant by the cou [...]tesie, loseth 100 pound, one moiety to the King, the other to him that will sue 3 Iac. c. 5.

Child of a Popish Recusant not baptized according to the orders of the Church within one moneth after the birth, the father or mo­ther, if he die within the moneth, loseth 100 pound, whereof one third part to the King, another to the poor of the parish, and the third to him that will sue, 3 Iac. c. 5.

Popish Recusants not excommunicated, buried otherwise then according to the or­ders of the Church, his executors or admini­strators knowing it or causers of it, lose 20 pound, one third part to the King, one third part to the poor of the parish, and one third part to him that will sue for it, 3 Jac. c. 5.

Popish Recusant convicted, during his conviction, to be from the ending of that Par­liament disabled to grant any advowson, &c. or to present or nominate to any spiritual li­ving, the same to remain to the Chancellors, of the Universities of Oxford and Cambridge, according to their several shires limited in that statute, so that they present none having a former benefice with cure, if they do, the same to be void, 3 Jac. c. 5.

Penalties upon the statute of 3 Jac. c. 5. a­gainst Recusants to be recovered in any his Majesties Courts of Record by action of debt, bill, plaint, or information, without essoin, protection, or wager of law, 3 Iac. cap. 5.

Marr [...]ed woman under Baroness, convicted of not coming to Church, and of not receiv­ing the Communion, who doth not within three months after conform her selfe, to be committed by two Justices of the Peace one being of the Quorum, until conformity, un­less her husband pay 10 pound a month to [Page 245] the King, or the third part of his lands, 7 Iac. [...]. 6.

The penalty of 12 pence, and of 20 l. a month, shall be both of them paid by a Recu­ [...]ant convict, Dal. 106. Cro. 11. 63. b.

Two Justices of the Peace may require a convicted Recusant of small ability, who re­paireth not to the place of his dwelling, or place of his birth, there to notifie himselfe to the Minister and Constables according to the statute of 35 Eliz. or afterwards removeth five miles from the same, (if upon apprehen­sion he conform not himselfe within three months) to abjure the Realm, and assigne him his time and haven, 35 El. c. 2. Dal. 109.

The form of the Oath.

Tou shall swear you shall depart this Realm of England, and all other his Majesties dominions, and that you shall not return hither or come again into any of his Majesties dominions without licence of our Soveraign Lord the King or of his heirs; so help you God, Dal. 109. Stam. 119.

Every such Recusant that refuseth to ab­sure, or after abjuration doth not within the time appointed go to such haven and depart, or after such abjuration returneth without his Majesties special licence, in every such case shall be adjudged a selon, 35 El. c. 2. Dal. 109. Lam. 419. 1 Iac. c. 25.

The Justice of P. before whom such abju­rations shall be made, must presently cause the same to be entred of Record before them, and certifie it at the next general gaol-deli­very in the said county, ibid.

The Bishop of the Diocess or any one Just. [Page 246] of Peace, or Minister of the parish where such convicted Recusant shall be, may require his submission, ibid.

Justices of Peace at their Quarter Sessions may inquire, hear and determine of all Recu­sants both for not coming to Church, and not receiving the Sacrament according to law, as Justice of Assize and gaol-delivery may do, and at the Sessions (in which such Indi­ctment shall be taken) make proclamation to render their bodies to the Sheriff, and before the next Q. Sessions, at which if the offender make not appearance of Record, it shall be a conviction, 3 Iac. cap. 4. Lam. 616.

‘Popish Recusant convicted is disabled to be executor, administrator, or guardian: the guardianship to go to the next of kin to whom the land should not come, being no Recusant; and he to accompt to the heir, as the case shall require, 3 Iac. cap. 5.’

‘Recusants armour, gun-powder and mu­nition, by warrant of four Justices of the P. at their general Sessions, shall be taken from them, (other then necessary weapons al­lowed by the said Justices for their defence) and kept at the Recusants costs, where the Justices shall appoint. And the Recusant, refusing to tell what armour he hath, or di­sturbing the delivery thereof forfeiteth the armour, and is to be imprisoned for three months without bail, 3 Iac. c. 5. La. 617, 618.’

Regrator.

Regrator is he that buyeth live or dead victuals, tallow, or candles in the market, and [...]elleth the same there, or within 4 miles, [Page 247] [...]3 El. c. 25. Lamb. 450. 5. Ed. 6. c. 14. 5. El. c. 12.

Release.

Just. of P. compelleth one of his own motion [...]o give surety of the peace untill a certain day, [...]e may by like discretion release it before [...]he day, Lam. 110. Cro. 139. b. nu. 16. Dal. 179.

Party bound generally to keep the peace without any day limited, it is for life, and no man can release it, Lam. 110. Dal. 179. Cro. 142. [...], Brook Peace 17.

Recognizance is taken at the suit of A. to keep the peace against him onely, A. may re­ [...]ease it before the same Justice or any other that will cert [...]fie it, Lam. 110. Dal. 179. Cro. [...]39. b. nu. 10. 169 a. That release being cer­ [...]ified at the next Quarter Sessions will dis­ [...]harge the party bound of his appearance, so [...]hat he shall not be called upon for his recog­ [...]zance, Dal. ibid. Cro. 139. b. nu. 15.

Recognizance is taken versus cunctum po­ [...]lum, praecipu [...] versus A. yet A. may release it before any Justice: tamen quaere, Lam. 110. Cro. 142. b. Bro. Peace 17 Dalt. 180.

Recognizance is taken by discretion or upon suit, the King cannot release or pardon it before forfeiture, Lam. 111. Cro. 140. b. 141. a. Dal. 180.

The peace being released, the recogniz. must not be cancelled, but certified at the Ses­sions with the release, lest peradventure the peace was broken before the release made, Lam 111. Dalt. ibid. Cro. 139. b. nu. 16. 169. a.

Whether the good abearing taken upon complaint may be released by any special person, Quaere Lam. 123. Dal. 197.

Neither the Justice of the Peace, nor the party can discharge a recognizance of the Peace by the release out of the Sessions; for first the recognizance is made to the King▪ and therefore none but the King can release o [...] discharge it. Secondly, the recognizance i [...] taken for the parties appearance, and the re­lease cannot discharge the appearance, Dalt. 180. Brook. Peace 17.

The appearance is requisite notwithstand­ing any release made; first, for the safety of the recognizance; secondly, that others may object in open Sessions, if he have broken the Peace, that he may be indicated thereupon, Dal. 180.

E contra Cro. If the Justice of Peace at the Sessions do certifie the release, by this the ob­liged is discharged, and shall not be called upon for his recognizance, nor his default recorded; for the principal cause of the re­cognizance was the keeping of the Peace, the which is discharged by the release which is certified at the Sessions, and then the appear­ance is but accessary to the same, and the in­tent is onely that then he should finde new surety if the party will not release; and this is the common usage, Cro. 139. nu. 15.

Vide plus Recognizance, & Forfeiture.

Religious Houses.

The owner of the site of a religious house dissolved, in yearly value under 200 pound, must keep a continual house there, or lose 20 nobles a moneth, to be enquired of and de­termined at the Quarter-Sessions, 27 H. 8. c. 22. 5 El. c. 2. Lam. 471.

Replevin, vide Bailment.

.

Rescous of a Felon.

Rescous is to help a prisoner to get away; and if it be a felon, it is felony, Lam. 229. Dal. 274, 275.

Rescous of a felon before arrest is no felo­n, other wise after arrest, Lam. 230. Dal. 276. Quaere Stam. 31.

Rescuing a prisoner going to the gallows is felony, Dal. 276.

A warrant being granted by a Justice of the Peace for unlawful hunting of Deer or Conies, to make rescous thereupon is felony, Dal. 75.

Rescous against an officer or person autho­rized to execute the statute of 39 El. c. 4. los­eth 5 pound, and is to be bound to his good behaviour, Dal. 128.

‘If a stranger take one out of prison with the prisoners assent, if he be in for felony, it is felony by the common law in the rescuer, and he is a principal by the statute De priso­nam frangentibus, Cro. 38. a. nu. 2.’

‘One is in the stocks for suspition of felony, and is let out by a stranger; it is felony, al­though the party who escaped is not indict­ed, Cro. 35. a. nu. 3.’

Restitution of Possession.

None shall have restitution but such as are put out of house or land, Dal. 214. Cro. 162. b. Lamb. 153.

If it be found upon enquiry that any have entred or held with force, contrary to the statute 8 H 6. c. 9. the Justice of Peace may re-seise and put the party so put out in full [Page 250] possession, Cro. 161. b. Dal. 214. but the puttin [...] out must first be found, Lam. 152. Cro. ibid.

The Justice of Peace needeth not to stay o [...] stand upon the right or title of either party▪ Dal. 214. Cro. 164. a.

No restitution is to be made where there was only a possession in law, Lam. 153. Dal▪ 217.

In a restitution it is not enough that th [...] putting out be found, unless the indictment d [...] also contain in it adhuc extra tenet, Dal. 214▪ Cro. 163. b. Lam. 153.

Restitution ought to be made to none other then the party put out, Dal. 214. Cro. 162▪ b. Lam. 153.

After the entring or detaining with forc [...] found, the Justice of Peace may by himself [...] or precept to the Sheriff under the test. o [...] himselfe alone restore the party grieved to hi [...] possession, Dal. 216. Lam. 156.

None can make restitution but they before whom the Indictment is found, but the Justi­ces of the Kings Bench, either upon certificate made by the Justice of Peace before whom i [...] was found, of the presentment, or if the said presentment or indictment be removed by Certiorari, Dal. 216. Lam. 157, 158.

If the Sheriff return upon a precept or wri [...] of restitution that he cannot make restitutio [...] for resistance, he shall be amerced, for he may take the power of the county, Dal. 216. Lam. 158. C [...]o. 163. b.

Justice of Peace before whom the present­ment was made, dieth before restitution; qua­re, whether the Justices at the Sessions can a­ward it, Lam 157.

Justices of Peace ought not to award resti­tution where the indictment is insufficient in Law, either in matter or form, Dalton. 215.

In the indictment, 1. not only an entry must be, but also a putting out: 2. the Indi­ctment must express the quality of the thing, (viz.) whether it be messuage, cottage, mea­dow, pasture, wood, or land arable: 3. it must say, Et adhuc extra tenent: 4. Expule­ [...]nt & adhuc extra tenent: 5. one of these two words, manu forti, or cum multitudine, Dal. 214, 215. Cro. 169. b, 163. b. Lam. 153.

If error or insufficiency be in the Indict­ment taken before Justices of Peace, and re­stitution awarded, any two Justices of those that were present at the taking thereof may at another Sessions, or without Sessions grant a supersedeas, if the Sheriff have not made re­stitution before, Dal. 214. Cro. 162. a.

If restitution be made by Justices upon an insufficient indictment, and it be removed in­to the Kings Bench, the Court will restore the party put out by the Justice of Peace, Dal. 215. Cro. 168. a.

Causes to stay restitution.

1. No restitution upon an Indictment to be made, if the party indicted hath had the oc­cupation, or been in quiet possession three years together, next before the day of the in­dictment found, and his estate not ended, which the party may alledge for stay of resti­tution, until it be tried, if the other will tra­verse or deny the same, 31 Eliz. cap. 11. Dal. 219.

2. Certiorari.

3. A traverse: quaere Lam. 158.

4. Insufficiency of the indictment.

5. Insufficiency of the Jurors not having 4 [...] shill. land by the year, Dal. 218. Lam. 152▪ Cro▪ 165. b. Quaere.

Justice of Peace upon indictment found may give restitution as formerly to free-hol­ders, to tenants for years by copy of Cou [...] guardians in Knights-service, tenants by E [...] ­git, stat. Merchants or Staple, Dal. 207. 21 [...] c. 15.

‘The disseisee outeth the desseisor by forc [...] the desseisor shall be restored, Lam. 148. D [...] 217.’

‘Upon traverse the Justice may stay rest­tution, Dal. ibid.

‘The disseisee entreth peaceably, and keepeth out the disseisor by force; the disseiso [...] shall not be restored, because the disseiso [...] had the younger title. But the disseisee sha [...] be imprisoned and fined, because he hel [...] with force, Cro. 162. b. & 164. b. Dal. 217.’

‘The disseisee entreth quietly upon th [...] disseisor, and so abide together divers daies & then the disseisee putteth out the disseiso [...] by force, the disseisor shall not be restored Dal. 217. Cro. 163. a. b.’

‘Wife, children, and servants do preserve possession, but cattel on the ground do not Dal. ibid. Cro. 164. b.’

‘Two are in possession by several titles i [...] one house, the law judgeth him in possessio [...] who hath the best right to the possession As A. enters wrongfully upon B. and bot [...] do continue in the house; afterwards F. pu [...] out A. with force; A. shall not be restored [Page 253] for A. never gained possession by his entry, Dal. 217. Cro. 163. b.’

'Two are joynt-tenants or tenants in com­mon, whereof one forcibly putteth the o­ther out of possession: Quaere what a Just. of Peace may do therein, for that his entry and possession is lawful, Dal. 217. Pax re­gis 39.

Restitution of stoln goods.

He that hath goods stoln, if the felon be [...]hereof indicted and arraigned, and found [...]uilty thereof, or otherwise attained by rea­ [...]on of evidence given by the party robbed, [...]r the owner of the goods, or other by their [...]rocurement, then the goods shall be restored [...]ough they never made fresh suit, Dal. 306. [...]o. 191. a. Lam. 586.

And the Justices have power to award writs [...] restitution, 21 H. 8. c. 11. Lam. 586. Cro. [...]1. a. Br. Restitution 22. Dal. 306.

Executors shall have restitution after at­ [...]inder or conviction upon evidence by [...]eir means given, Dal. 306.

Three are robbed, restitution shall be one­ [...] to such for whose goods the felon was in­ [...]cted, Dal. 306. Cro. 191. a.

A felon stealeth from several men, is attain­ [...]d only at the suit of one; the King shall [...]ave the goods of those at whose suit he was [...]ot attainted, Dal. 306.

There be divers thieves, and onely one [...]rincipal is attainted, the robbed shall have [...]stitution, Dal. 307.

If the felon sold the stoln goods in market [...]vert, or in a fair, no restitution, except he [Page 254] that bought them were privy to selony, ibid Cro. 191. a.

No restitution of stolen goods, if he know not the felon, Dal. 307.

No restitution if the felon leaveth th [...] goods and escapeth, and the Lord of th [...] Manour seiseth them, Dal. 307.

If the felon had not the goods in his posse [...] sion when he fled, but left them elswhere they are not waived, but the owner m [...] take them wheresoever he findeth them; [...] 5. 109. Dal. 307.

‘A man had his horse stoln, and so he pu [...] lished it, but knew not who stole it, so th [...] he could not indict him, &c. It seemeth th [...] he shall not have his horse again, for it w [...] his folly to publish that it was stoln, [...] he might have demanded it as lost. A [...] when he knew who took his horse, might afterwards indict him, Cro. 191. b.’

Return.

Recognizance taken by the Justice of Pea [...] ex officio, ought to be returned at the next [...] Sessions, Lam. 109. Dal. 173. Cro. 139. a. S [...] plicavit is to be returned into the Co [...] whence it came, Lam. 107. Dal. 177.

Return of a Recognizance upon a Suppl [...] vit, is not of necessity till Certiorari, Lam. 10

Return of Jurors, vide Jurors.

Vide Recognizance, & Release, & Certcate.

Riots.

Riot is where three or more persons disorderly ass [...]mbled to commit with fo [...] [Page 255] any unlawful act, and do accordingly ex­ecute or attempt the same, Lam. 176. Cro. 61. a. nu. 2. Dal. 221.

‘Three or more enter into land with force, &c. where their entry is lawful, it is a riot, Dal. 226. Cro. 64. a. nu. 49.’

What Assemblies shall not be said a Riot.

1. Sheriff or Bailiff levy people to serve the Kings Writs, Lam. 178. Dal. 223.

2. Constable gathereth assistance of men with weapons to part an affray, Lam. 178.

3. A man threatned to be beaten in his house, assembleth company with force, other­wise of a threatning to be beat as he goeth to market, Lam. 179. Dal. 224. Cro. 64. a. nu. 42.

4. Many assemble together, and they know not to what end, Lam. 179. Cro. 61. b. nu. 7. Dal. 222.

5. Many assemble at a Church-ale, or at a Christmas dinner, and they suddenly fall out and sight, Lam. 179. Dal [...]. maketh quaere 223.

6. A number of women and children under the age of discretion flock together for their own cause, unless moved by a man of dis­cretion to do some unlawful act, Lamb. 180. Dal. 226.

7. To gather meet company to carry away a piece of timber which will not be moved without a good many, whereto I pretend right, though in law it be anothers, I am. 178. yet if he use threatning words, as to say he [Page 256] will have it in spight of the other, or though he die for it, his doing may then become a riot, Dal. 225. Lam. ibid.

8. To meet to drink at an ale-house, to play at foot-ball, bucklers, bear or bull-baiting, dancing, bowls, cards or dice, or such like disports, Dal. 223. Lam. 178. Cro. 61. b. nu. 7.

9. To use harness on Midsummer-day at night in London, or on May-day in the countrey, Lam. 178. Cro. 64. a. nu. 43. Dal. 223.

The master intending a riot, taketh with him his ordinary servants, who know not his intent, it is no riot in the servants, Lam. 179. Cro 61. b. 62. a. nu. 13. Dal. 222.

A Jury falleth out and fighteth, it is no riot, Dal. 222. Lam. 180.

If any assemble for any disports, as afore­said, with intent to break the peace, and make an affray, or do other outrage, it seem­eth to be a riot in so many as come with such intent, Dal. 223.

Quaere if falling out suddenly at such a meeting, and then falling to take parts, be a riot, Dal▪ 223, 224. But if by agreement they meet again and fight, it is a riot, ibid. Vide Dal. 224. Cro. 61. b. nu. 12.

It can be no riot, except there be an intent precedent to do some unlawful act with force, Dal. 222. Cro. 62. a. nu. 13.

Yet if a man go to Sessions or market with his servants in harness, though there be no intent to commit a riot, yet the manner ma­keth a riot, Cro. 61. a. Vide 2 E. 3. cap. 3. Dal. 225.

What one Justice of Peace is to do in case of Riots.

He may prevent a riot before it be done, or stay it in the doing, and in the doing may take and imprison the rioters, and bind them to their good behaviour, Dalt. 109. Lam. 181.

A riot being done, Justices of Peace can neither record the riot, nor make enquiry, nor assess the fine, nor award process, nor meddle with it, but only as a trespass against the peace, or upon the statute of Northamp­ton of forcible entry, Dal. 110. Lam. 181.

Justices of Peace sitting in a judicial place, and seeing a riot, may command them to be arrested, and record it, and it concludeth the offenders, Dal. 110. Cro. 65. nu. 54. Lam. 385.

But a Justice of Peace in ano [...]her place seeing a riot, and recording it, the parties may traverse it, ibid. Cro. 65. a. nu. 53. Lam. 386.

Every Justice of Peace being of and in the county, having notice of any riot, ought to have a care to execute the statute 13 H. 4. c. 7. viz. that the rioters be arrested, &c. and removed, otherwise the next Justices for [...]eit an hundred pound a piece, and every other Justice in whom there shall be default, finea­ble in the Star-Chamber, Dal. 110. Cro. 124. a. nu. 22.

One Justice of Peace may arrest rioters, enforce them to find sureties for the peace or good behaviour, or in default commit [Page 258] them to prison, Dal. 112. Cro. 157. b. Lam. 181.

A Justice of Peace not finding the rioters come to the place, may leave his servants to restrain the rioters when they come, or else arrest them if they offer to break the peace, Dal. 110. Lam. 181. Br. Peace 7.

If the Justice of Peace be sick, he may send his servant to repress a riot, or to arrest such offenders, and bring them before him to find sureties for the peace, and his command by word is sufficient, Dal. 110. Cro. 64. a. nu. 45. & 148. b.

One Justice of Peace may cause all statuts for suppressing of riots to be put in execution, Dal. 111.

If the riot be notorious, it is not safe to stay complaint or information, Dal. 111.

What two Justices of Peace may do in a Riot

They ought to send for the Sheriff or Under-sheriff, if none of them come, Dalt. 112. Lam. 327.

If one or two next Justices do come, and not the Sheriff or Under sheriff, such as come shall be excused of their fine of 100 pound, Dal. 111. Lam. 327 Cro. 63. b. nu. 35.

If one Justice of Peace in the county shall execute the statute of 13 H. 4. c. 7. it shall ex­cuse the next Justices, Dal. 112. Lam. 326, 327.

Two Justices of Peace present without the Sheriff, are fineable if they do not all which by the statute of 13 H. 4. c. 7 ought to be done, Dal. 112, Lam. 327.

If two Justices of Peace (without the Sheriff or Under-Sheriff) See persons com­mitting a Riot, they may cause them to be arrested, and record it, Lam. 319. Quaere.

The particulars which the two next Justices of Peace with the Sheriff or Ʋnder-Sheriff must do upon the statute of 13 H. 4. c. 7. Dal. 113.

1. They must go to the place where the riot is, Dal. 113.

2. They shall take the power of the county (viz.) all above 15 years of age, under the de­gree of Barons, upon pain of imprisonment, fine and ransome, Dal. 114. Cro. 157. b. Lam. 314, 315.

It is not good to raise the power of the county without certain information and knowledge, yet they may do it upon infor­mation, (though it be false,) and be excused, or without information, if when they come they find one, Dal. 114. Lam. 315, 316. Cro. 64. b. nu. 49.

3. They shall arrest all such offenders, or cause them to be arrested, and remove the force, commit to prison the rioters, and take away their weapons, Dal. 114. Lamb. 316, 317.

And all such as come into the company, if they be present, shall be arrested, imprisoned, and fined, as it seemeth, Dal. 115.

Such as they meet coming from the place riotously arraied, they may arrest and impri­son, [Page 260] but cannot record any riot done by them, but after enquiry may fine them, Dal. 114. Lam. 316. Cro. 63. a. nu. 32.

The Justices see the riot committed, and the rioters escape; they must record it, and cannot arrest them but upon fresh suit, which record must be sent into the Kings Bench, that process may come from thence, Dal. 115. Lam. 318.

The Justices may grant a warrant for such as they saw escaping, to be bound to the good behaviour, Dal. 115. Cro. 196. a. nu. 27.

And so they may do upon information, but it is best to do it upon inquiry, and so to fine them, Dal. 115.

In execution of the said arrest of rioters, the Justices may justifie the beating, wound­ing, or killing of any the rioters which resist or will not yield, Dal. 115. Lam. 316. Cro. 62. b. nu. 20. & 158. b.

4. After arrest the Justices, Sheriff or Un­der sheriff shall record the riot in writing, (viz.) all that shall be done in their presence against law, which ought to be formal and certain, as time, place, number, weapons, manner, &c. Dal. 119. Cro. 63. a. nu. 31. Lam. 316, 317.

The form of the record, v de Dal. 401. La. 220.

If in going to see a riot, another riot happen in their presence they may record it, arrest and imprison the offenders, Dal. 115. Lam. 318.

If the rioters make a riot upon the Ju­stices, they may record it also, Dal. 115.

Justices record a riot, and upon examina­tion [Page 261] it appears no riot, or saw it not, or there was no riot, yet the parties are concluded, Dal. 116. Cro. 63. a. nu. 33, 65. a. nu. 56, 130. a. Lam. 317.

5. The Justices are presently to commit rioters to the goal, and the power of the county ought to be aiding to the Sheriff or Under-sheriff, Dal. 116, 117.

None may commit the rioters but the Ju­stices who had the view, Dal. 116.

If the Justices and Sheriff or Under-sheriff commit to prison the offenders, and do not record the riot, every one of them loseth 100 pound, or do record the riot, and do not commit the offenders, Dal. 117. Cro. 61. [...]. nu. 10.

6. The said Justices and none other shall assess the fine upon the offenders, which by the statute of 1 H. 5. c. 8. ought to be of good value, that thereout the charges of the Ju­stices and other officers may be born, yet must it be reasonable and just, Dal. 116. Lam. [...]17. Cro. 161. a. nu. 45.

The fines must be imposed upon every of­fender severally, Dal. 117. Co. lib. 11. 43, 44.

The fine must be estreated into the Exche­ [...]uer, Dal. 117 and then to deliver the offen­ [...]er as it seemeth, ibid.

The Justices, as it seemeth, may out of the [...]ines pay the charges of the said Justices, [...]nd of the Jury who made the enquiry, for [...]heir diet, and the Sheriffs fees; and the Ju­ [...]ices Cla [...]k who maketh up the record, may [...]ave his fees out of that money, or rather [...]ay take of every offender 12 pence when [...]hey pay their fines, Dal. 119.

Or the Justices may record the riot, com­mit the offender, and after certifie the record­to the Assizes, Sessions, or Kings Bench, Dal. 11 [...].

The record may be delivered at the Ses­sions to the Clark of the Peace, together with the residue of the money remaining of the fine, Dal. 119.

Where the Justices of Peace are remiss in punishing the rioters, the Lords in the Star­chamber may & do often assess greater fines for the same riot, Dal. 120. Cro. 63. a. nu. 30.

7. If the riot was not committed in the presence of the Justices, or the rioters gone before their coming, two Justices at least within one moneth next after must enquire thereof by a Jury returned by the Sheriff, and record the riot being found, which is to remain with one of the said Justices, Dal. 117. Lam. 321.

The form of such enquiry, vide Dal. 402. Lam. 329.

Enquiry shall not be unless the rioters be gone, Dal. 117.

It is not necessary that one of the Justices of Peace be of the Quorum, Dal. 118. Cro. 62. b. nu. 25.

The enquiry may be made at any time af­ter the moneth; but if it be not within the moneth, the Justices are in danger to lose 100 pound: yet if the Jury be charged within the moneth, and have day after to give up the verdict, the statute is not broken, Dal. 118. Lam. 322.

At the enquiry the Sheriff or Under-sherif must be present, but then as Ministers onely, Dal. 118. Lam. 321.

The Justices assemble to enquire within the moneth, the parties agree, and the Justices dismiss there upon the Jury, the Justices shall be fined, though none will solicite the In­quest, or give evidence to the Jury; for the Justices ought to proceed ex officio, seeing some of the Jury may have knowledge of the riot, and they ought to make proclamation if any will give evidence, Dal. 118. Lam. 322.

If at the parties request the Justices dismiss the Jury without enquiry, they are sineable in the Star Chamber to the King, Dal. 118. P. R. 29.

The Justices may bind to the good beha­viour the parties complaining of the riot, who caused them to meet, and will not pro­secute for the King, but have agreed it, Dalton 118.

Though the Justices go not to see the riot, yet they may enquire within a month after, Lam. 321.

8. After enquiry had and the riot found, the Justices have power to hear and deter­mine the same, (viz.) First to make out pro­cess against the offenders under their own test. Secondly, to assess the fine. Thirdly, to com­mit till they have paid the fine. Fourthly, to deliver them after paiment of their fine, or sareties taken by recognizance, or otherwise they may receive their traverse, if the mat­ter will serve, and dismiss them, Dal. 119. Lam. 323. Br. Impris. 100.

But the Justices should send such Indict­ment or inquisition to the next Quarter Sessions, or into the Kings Bench together, with the said traverse, there to be tried, P. R. 30. Dal, 119.

9. If the riot upon enquiry cannot be found, the Justices and Sheriff must certifie into the Star-Chamber, or Councel-Board, or Kings Bench, the whole fact and circum­stance, with the names of the offenders sub poena, Dal. 120. Lam. 323, 324. Praemunire Br. 1.

The certificate must be made within a moneth after the enquiry, or else it is of no force, Dal. 121. Lam. 344.

Though two Justices with the Sheriff see the riot, yet two other Justices may make the enquiry, and they all together, or the first two, or last two, with the Sheriff or Under-sheriff, may make the certificate, Dal. 121. Lam. 325.

Where the several certificates be made, or certificate and enquiry do disagree, the best for the King shall be preferred, Dal. 121. Lam. 325.

If the Jury find but some guilty, the Ju­stices may certifie the rest, Dal. 121. Lam. 325.

Any material thing left out in the inquisi­tion, may be supplied in the certificate, Dal. 121.

Quaere if after enquiry and before certifi­cate the Sheriff die, or one of the Justices be put out of Commission, whether a certificate can be made, Dal. 121. Vide Lam. 326.

Upon the certificate of two Justices and the Sheriff, the Lord Chancellour may grant a Capias to attach the offenders, Dal. 121. Lam. 313,

Upon default of the Justices and Sheriff in not executing the statute 13 H. 4. c. 7. the party grieved may have a Commission out of [Page 265] the Chancery, to enquire of the riot, as also of the Justices and Sheriffs default, Dalton 121.

‘Also the Lord Chancellour may send his writ to the Justices and Sheriff to execute the statute of 13. H. 4. c. 7. Dal. 121.’

‘The Justices and other officers shall do their offices at the Kings charge in going, carrying and returning, in doing of their said offices, by paiment thereof to be made by the Sheriff for the time being, by Inden­ture betwixt him and the said Justices and other officers aforesaid to be made of the paiment thereof, whereof the Sheriff upon his account in the Exchequer shall be al­lowed, 2 H. 5. c. 8.’

‘The Sheriff is to return 24, whereof eve­ry one hath lands and tenements within the same shire of 20 s. per ann. of charter lands, or 26 s. 8 d. of copyhold, or of both ultra reprisas; and must return for issues upon every one at the first day 20 s. at the second 40 s. if they do not appear and be sworn the first day. And the Sheriff or Under-she­riff not returning persons sufficient, loseth for every one 20 li. to the King, 19 H. 7. cap. 13.’

‘If the riot, rout, or unlawful assembly be not found by the Jury by reason of any maintainance or embracery of the Juries, the Justice, Sheriff, or Under-sheriff, (be­sides such certificate to be made by 13 H. 4.) shall in the same certificate, certifie the names of the maintainers or embracers, upon pain of every Justice, Sheriff, or Under-sheriff 20 li. (if they have not rea­sonable [Page 266] excuse) which certificate shall be of force, as if the matter therein found were found by the verdict of twelve men. And every maintainer and embracer for­feiteth twenty pound, and to be committed to ward, to remain during the discretion of the Justices, 19 H. 7. c. 13.’

‘Indictment of a riot is not good unless it say contra formam statuti inde editi & prov [...]si, Cro. 102. a. nu. 19.’

Rivers.

Every Justice of Peace is a conservatour of rivers within his county, and may survey the wears in rivers that they be of reasonable wideness, Lam. 189.

Robbery.

Robbery is a violent taking away of any goods from any mans person, with intent to steal them, and putting him in fear thereby, though the thing taken be but to the value of an half-peny, Cro. 33. b. nu. 1. Lam. 267. Dal. 260.

But if a felon take money from me in the high-way, and shall not put me in fear, it is not robbery, Dal. 260. Cro. 34. b. nu. 12. Lam. 266.

If a thief take nothing from my person, but assaulteth me, whereby he getteth any thing from me, it is robbery, Dal. 260. As,

1. I cast my purse on the ground, and he taketh it away, Lam. 268. Dal. 261.

2. After assault he prayeth me to give him a penny, and I do so, Dal. 261.

3. If upon assault I deliver my purse, Dal. [Page 267] 261. Cro. 34. b. nu. 10. Lam. 267, 268.

4. If flying from a thief, I cast my purse into a bush, and he doth afterwards take it away, Dal. 261. Cro. 35. a. nu. 10. Lam. 268.

5. If upon assault I flie away, and my hat fall, and the thief carry it away, Cro. 35. a. nu. 18. Dal. 261.

6. If a thief bid me deliver my purse, (without any force used) and I deliver it, and he finding but two shillings in it, delivers it a­gain, Cro. 34. b. nu. 10. Dal. 261.

7. If by threats he compel me to swear to bring him mony, and afterward I bring him the mony accordingly, Dal. ibid. Lamb. 268.

In some cases it is robbery, though the thief nei­ther take it from my person, nor assault me.

As, 1. A thief taketh my goods openly in my presence against my will, the fear is the like as if it had been from my person, Cro. 34. a. nu. 5. Lam. 269. Dal. 261.

2. To take a horse or a beast out of my pa­sture, I looking on, if the felon put me in fear, Dal. ibid. Cro. 34. b. nu. 5.

3. To make it robbery, the person must be put in fear, Cro. 34. b. nu. 12. Dal. 261.

4. Two come to rob me, and one acteth it, being out of the sight of the other, who after returneth to him; it is robbery in both, Cro. 34. a. nu. [...]0. Lamb. 270. 28. El. Pudseys case, Dal. 262.

To assault one to rob him without taking any thing, is not robbery, Cro. 34. a. nu. 9. Dal. 261.

After a robbery committed, the Hundred must answer the loss, if the robbers be not [Page 268] taken within 40 daies: if it be done in the division of two Hundreds, both Hundreds and the franchises within them must be an­swerable, and the hundred wherein defect of fresh suit is, the one moity, Dal. 131. 27 El. c. 13.

No person robbed shall bring any action up­on the statute of Hue and Cry, except he be first examined within 20 daies next before the action brought, upon his corporal oath before some one Justice of Peace of the Coun­ty where the robbery was committed, whe­ther he doth know any of them that did the robbery; upon which examination, if he con­fess he knoweth any of them, then shall he before such action brought, enter into recog­nizance before the said Justice, effectually to prosecute such persons by Indictment or o­therwise according to the due course of the laws of this Realm, 27 El. c. 13. Lam. 202. Da. ib.

After robbery committed, the robbed shall not recover against the Hundred, except 1. with all convenient speed he give notice of the robbery to some inhabitant neer to the place where the robbery was committed.

2. He commence his action within a year and a day next after such robbery commit­ted.

3. He be examined ut suprà, before a Just. of Peace, Dal. 131.

‘Any two Justices of Peace in the Hundred, one being of the Quorum, may assess all towns and parishes in the said Hundred and Liber­ties therein, upon recovery and execution had against any of the Hundred, towards [...]equal contribution; which mony the Con­stable [Page 269] must deliver to the same Justices within ten daies after collection, and they up­ [...]n request, to those to whose use it was col­ [...]ected, Dal. 132. Cro. 197. a.’

And the Hundred shall be assessed in like [...]ort in default of pursuit of fresh Hue and Cry, Dal. ibid.

Robbery in a house doth not charge the [...]undred, whether it be done in the day or in [...]he night, ibid.

The Hundred is discharged upon taking of [...]ny of the offenders by pursuit, Dal. 133. so if [...]he party robbed take any of the offenders af­ [...]er Hue and Cry made, Dal. ibid.

Robbing of an house.

1. Robbing a house or any out-house, as a barn or stable in the day, to the value of 5 [...]hill.

2. Robbing a house by day or by night, any person being therein, and thereby put in fear.

3. Robbing any person in any part of his dwelling-house, the owner or dweller, wife children, or servants being in any place within the precinct of the same, sleeping or waking.

4. Robbing any Booth or tent in fair or marke [...], the owner, his wife, children or ser­vants being in the same, sleeping or waking. A [...]l these are as penal as Burglary, Dal. 287, Lam. 265. 39 El. c. 15. 21 H. 8. c. 1. 5 E. 6. c. 9

Rogues.

All persons here under mentioned, being a­bove the age of 7 years, may be punished as [Page 270] Rogues, Dal. 123. 39 El. c. 4.

1. All going about begging upon any pre­tence or colour, though licensed by any sub­ject, except in some particular cases after mentioned, Dal. ibid. Lam. 442.

2. All going about the country using any subtile craft or unlawful games, as fortune­tellers, juglers, Dal. ibid.

3. All proctours, patent-gatherers, or col­lectors for prisons and hospitals, Lam. 442. Dal. ibid.

4. All fencers, bear-wards, common-play­ers of interludes, and minstrels wandring a­broad, Dal. ibid. Lam. 443. 1 Jac. c. 7.

5. All pedlers, pety-chapmen, tinkers, and glass-men wandring abroad, 1 Jac. c. 7. Dalt. ibid. Lamb. 443. 21 Jac. c. 28.

6. All wandring labourers able in body, re­fusing to work for reasonable wages, having nothing but labour to maintain themselves, Dal. 124. Lam. 443.

But such as are of any parish, able to work, and do not wander, but refuse to work for the usual wages taxed in those parts, are to be sent to the house of correction, Dal. ibid.

7. Poor of the parish begging otherwise then is appointed them, or begging by high­waies, ibid. are to be sent to the house of cor­rection.

8. All pretending to be Aegyptians, not be­ing felons. Dal. ibid. Lam. 443.

9. Soldiers or mariners that begg, except soldiers or mariners having a testimonial from a Justice of Peace near the place of their landing, with the place of their dwelling or birth to which they are to pass, and a con­venient [Page 271] time limited for their travel, and pursuing the said licence 39 Eliz. c. 4. or do counterfeit any certificate from their Gene­ral, Governour, Captain, Lieutenant, Mar­shal, Deputy or Admiral, Dal. 124.

10. Diseased persons travelling to the Baths and licensed, if they beg, or not licensed by two Justices, or not returning as they are comited, Dal. 124. Lam. 443.

11. A rogue once whipped, not performing [...]e order appointed by his testimonial, Dal. [...]4.

12. A rogue going with a general passport, [...]ot directed from parish to parish, Dal. ibid. So a rogue carrying his own passport with­ [...]t a guide, Dal. 124.

13. Servant departing out of service with­ [...]ut testimonial, 5 El. c. 4. or taken with coun­ [...]rfeited testimonial, Dal. 124.

14. Persons infected with the plague, or [...]welling in infected houses, going abroad [...]ontrary to order, 1 Jac. c. 31. Dal. ibid.

15. Persons able to labour and relieve [...]hemselves and families, that run away, or [...]hreaten to run away and leave their charge [...]o the parish, 7 Jac. c. 4. Dal. 125. 21 Jac. c. [...]8.

16. Any calling himselfe a scholar, that [...]ath gone about begging, Lam. 443.

17. Any pretending loss by fire or other­wise, that wandring beggeth, Lam. 443.

18. Any delivered out of gaol, that hath begged for fees, Lam. 443.

Any Justice of Peace may appoint any per­son to be openly whipped naked, even unto bleeding, that shall be taken begging, wan­dring, [Page 272] or misordering himself, and is d [...] clared by the statute 39 El. 4. to be a rogu [...] vagabond, or sturdy beggar, and shall ca [...] him so whipped to be sent from parish to p [...] ish by the officers of the same, the next w [...] to the parish where such person was born, it can be known; if not, to the parish whe [...] such rogue last dwelt before the punishme [...] by the space of a year, there to labour; [...] not being known where he was born [...] dwelt, then to the parish through which [...] last passed without such punishment, [...] whom the Justice shall under his hand a [...] seal make a testimonial witnessing his punis [...] ment, day and place thereof, and whither [...] is limited to travel, and by what time. A [...] in case such place of birth and last dwellin [...] [...]e not found nor known, then such perso [...] shall, by the officer of such village throug [...] which he last passed without punishment, b [...] conveyed to the house of correction of th [...] limit, or to the common gaol, 39 Eliz. c. [...] there to remain in work until such person b [...] placed in service for one years continuance or not being able of body, till such person b [...] placed in some alms-house of that place o [...] county, Lam. 204, 205.

‘The like may be done by Constable a [...] sted with the advice of the Minister, and on other of the parish, 39 Eliz. c. 4.’

He is an incorrigible rogue that misreport the place of his birth, and is to be sent to th [...] house of correction in the county to whic [...] he is sent; and if there be none there, then t [...] the gaol untill the next Sessions: so if he mis­report the place of his last dwelling by th [...] [Page 273] space of a year, if it appear not where he was [...]rn, Lam. 207. Res. 1, 2. Dal. 128.

Husband and wife having an house, rogue [...]out, they must be sent to the town where [...]t house is; and so of an inmate, Lam. 207. [...]s. 3. Dal. 125.

Wife, and children under 7 years being va­ [...]nt, are to be placed with the husband; if the [...]band be dead, then where they were born, [...] dwelt last, Lam. ibid. Res. 4, 9, 10. Dal. 125. Children vagrant above 7 years old must [...] sent to the place of their birth, Dal. 125. [...]m. 207. Res. 4.

Vagrant parents, with their children un­ [...] 7 years of age, being once placed at the [...]ce of birth of their parents or last dwel­ [...]g, the parents dying after, or running a­ [...]y, the children once settled must still re­ [...]in there, Dal. 125. Res. 4. Lamb. 207.

Wife vagrant is to be sent to her husband [...]ugh he be but a servant, Lam. 208. Res. 5. [...]. 125.

Rogue, whose place of birth or dwelling [...]not be known, hath wife, and children [...]der 7 years of age, they must be sent with [...] husband to the place where they were [...] suffered to pass unpunished, and the chil­ [...]n must be relieved by the work of the pa­ [...]ts, though the parents be sent to the house [...]orrection, Lam. 208. Res. 6.

Rogue sent to a town, and refused by the [...]urch-wardens and Overseers to whom he [...]o be offered, is a forfeiture of 5 pound in [...] refuser, Lam. 210. Resol. 12, 14. Dalt. 128.

‘Any hindering the execution of the law [...] 39 Eliz. or any part thereof for the con­veying [Page 274] of Rogues, forfeiteth five poun [...] And any two Justices may bind such offe [...] der to the good behaviour, and upon co [...] fession of the offender or oath of two may [...] warrant under their hands and seals ca [...] the said sum of five pound to be levied [...] distress and sale of the offenders goods, D [...] 128. 39 El. cap. 4.’

Rogue sent from the place where he is [...] ken, by a general pasport, without conve [...] ing him from parish to parish, is a let in [...] conveying of rogues, and a forfeiture of pound, Lam. 210. Res. 13. Dal. 128.

Rogue going with such a pasport, co [...] tinuing a rogue, is to be punished by whi [...] ping, ibid.

By parents is to be understood father [...] grand-father, mother or grand-mother, b [...] ing able persons, Lam. 210. Res. 16.

By children, any child or grand-child, b [...] ing unable, Lam. 210. Res. 15.

Diseased persons living of alms, and trav [...] lers to Bath or Buxton for remedy, are to [...] licensed thereto by two Justices of Peace, [...] Eliz. cap. 4. Lam. 332. yet may not beg, b [...] must be provided of maintenance for th [...] travel, Dal. 124.

Forfeiture of offences against the stat [...] 39 El. c. 4. upon conviction by confession [...] by two witnesses before two Justices of Peac [...] they may cause the same to be levied by wa [...] rant under their hands and seals, by distr [...] and sale of the offenders goods, 39 El. c. [...] Lam. 331. See 1 Iac. cap. 7. Dal. 129.

All questions growing upon the statute [...] rogues, may be heard and determined by t [...] [Page 275] Justices of Peace whereof one of the Quorum, Dal. 129. 39 Eliz. cap. 4.

Constable or Tithing-man not doing his endeavour to apprehend rogues within their [...]imits, or wilfully suffering them to escape un­punished, forfeiteth 20 shill. for every offence, Dal. 128. and 5 pound if they do not convey them away towards their dwelling or place of birth, 39 Eliz. cap. 4. Lam. 444. 1 Jac. cap. 7. Dal. 129.

Minister of the parish not keeping a register of the testimonial of rogues punished in his parish, and conveyed thence, loseth for eve­ry default 5 shill. 39 El. c. 4. Dal. 129.

Every one is to carry to the Constable such beggers as they shall know to come to their doors for alms, or lose 10 shillings, 1 Iac. c. 7. Dal. 129.

Justices of Peace are to meet twice a year at the least, and oftner if occasion be, in their se­veral divisions, for the executing of the sta­tute against vagabonds, and four or five daies before by warrant to command the Consta­bles of hundreds or towns, by assistance of some of every town, to make a general privy search by night for finding and apprehend­ing rogues to be brought before the Justices at their meeting by them, and punished, or sent to the house of correction, 7 Iac. c. 4. Dal. 130. 21 Iac. c. 28.

Constables at every meeting of the Justices of Peace for the execution of the statute of rogues, are to give an account upon oath in writing, and under the hand of the Minister of the parish, what rogues, &c. they have appre­hended both in the same search, and also be­tween [Page 276] every meeting, and how many hav [...] been punished by them, or sent to the house o [...] correction; and in default thereof, be fine [...] under 40 shill. as by the most of the Just. sha [...] be assessed, 7 Iac. c. 4. Dal. 130.

No man is to be put out of the town whe [...] he dwels, or sent to his place of birth or la [...] habitation, but onely a vagrant rogue, Da [...] 126. Res. 9. Lam. 209.

So of them whose terms of their houses ar [...] expired, and servants whose times of servic [...] are ended; for they must provide themselve [...] houses anew, if they be not impotent, Dal▪ 126.

Dangerous rogues are to be banished, o [...] condemned to the gallies by the Justices a [...] their Quarter-Sessions, 39 El. c. 4 Lam. 427. Dal. 287.

Rogues by judgement of most of the Justi­ces of Peace in open Sessions adjudged incorri­gible, ought to be branded on the left shoul­der with the letter R. and then to be sent to their dwelling; if they have none, then to their last dwelling-place where they dwelt for a year; or if that cannot be known, to their places of birth, 1 Iac. cap. 7. If he offend again in begging or wandring, it is felony without clergy, 1 Iac. c. 7. Lam. 428. Dal. 287.

‘Souldiers and mariners having a testimo­nial under the hand of the Just. next to his landing place, of the time and place of his landing, limiting the place to which he is to pass, and the time; if he pursue the said li­cence, he may ask and take such necessary relief as any will give him, 39 El. c. 17. Lam. 303. Dal. 126.’

‘Two Justices of P. may send to the house of correction, as a sturdy rogue, a person able to work, threatning to run away and leave his family upon the parish, being pro­ved by the oath of two before the said Justi­ces, unless he can put in sufficient bond for discharge of the parish, 7 Iac. c. 4. Lam. 331.’

‘He which runneth away and leaveth his charge to the parish, is an incorrigible rogue, 7 Iac. c. 4.’

Rome, vide Pope, Co. 11. 36.

.

Rout.

Rout is where three or more persons be disorderly assembled to commit any act with [...]orce, whether they put in execution their purpose or no, if they so do go, ride, or move forward after their first meeting, Lam. 176. Dal. 221.

‘A rout is only by some opinions, where three or more do assemble for their own common quarrel: As, the inhabitants of a town assemble to pull down a house, wall, pale, ditch, or other inclosur [...], pretending to have title of common, or a way there, or to beat a man that hath done some publick offence, Dal. 221, 222.’

Sacriledge.

SAcriledge is the felonious taking of goods out of any Church or Chappel, Lam. 420.

Sacraments.

Three Justices of Peace may take accusa­tion by oath of two witnesses against such a [...] deprave the Sacrament of the Supper, and ex­amine what witnesses were by, and binde them all to give evidence at the day of trial▪ and they being found guilty shall be impri­soned and fined, 1 Ed. 6. c. 1. Dal. 134. Quaere Lam. 416, 366.

Three Justices of Peace, one being of th [...] Quorum, may award against one indicted up­on the statute of 1 E. 6. c. 1. for depraving th [...] Sacrament, a Capias, Exigent, and Capias, [...]t­legat. into any shire, 1 Ed. 6. c. 1.

‘Justices of Peace in their Q. Sessions may enquire, hear and determine of all recusant [...] and offences, as well for not receiving th [...] Sacrament according to 3 Jac. c. 4. as no [...] repairing to Church. And in their Session [...] (wherein there shall be indictment take [...] for not repairing to Church, or not recei­ving the Sacrament) to make Proclamatio [...] to render their bodies to the Sheriff befor [...] the next Sessions, and in default, a convicti­on, 3 Jac. c. 4. Lam. 616.’

Salmons, vide Fish.

.

Salt-peter-men.

Salt-peter-men cannot dig in the mansion house of any subject without his assent, in re­gard of the danger that may happen thereby in the night-time to the owner, his family and goods, by thieves and other malefactors, Co. 11, 82. Dal. 209. Vide House.

School-master.

To keep or maintain a School-master which resorteth not to Church, or is not al­ [...]owed by the Bishop or Ordinary of the Dio­ [...]ess, the maintainer forfeits 10 pounds for [...]ach month, and the School-master to be [...]mprisoned for a year without bail, and dis­ [...]bled, 23 El. c. 1. Lam. 419.

Any keeping a School, or being a School-master out of the University, except in pub­ [...]ick Grammer-school, and except in such No­ [...]lemen and Gentlemens houses as are not Re­ [...]usants, and licensed by the Arch-bishop or Guardian of the Diocess, both keeper and School-master forfeits 40 s. a day, 1 Jac. c. 4.

Seditious Sectaries.

One Justice of Peace may within three months after the conviction of any seditious Sectary or Popish Recusant described in the [...]tatute of 35 El. c. 1. require the submission of him to conformity, and in default of such submission, may require him to abjure the Realm; and if he refuse, or after return without licence, it is felony, 35 El. c. 1, & 2. Lam. 204.

Sermon, vide Preaching.

.

Servants, vide Labourers and Apprentices.

.

Serving-men, vide Testimonial.

The Sessions of the peace is an assembly of any two or more Justices of Peace, one being of the Quorum, at a certain day and place within the limits of their Commission, ap­pointed to enquire by a Jury or otherwise to take knowledge, and thereupon to hear and determine according to their power of causes within the Commission and statute re­ferred to their charge, Lam. 378.

Sessions held without summons are good, but then none shall lose any thing for default of appearing, Lam. 380, 381.

Summons of the Sessions is usually by pre­cept written to the Sheriff, and by him to be returned at the Sessions, Lam. 381.

Precept for summoning the Sessions may be mad-by any two Justices of Peace, one being of the Quor. but not the Custos Rotulo­rum alone; and summons cannot be dischar­ged by Supersedeas of all the other Justices, but by Supersedeas out of the Chancery, Lam. 382, 383.

Sessions held by one Justice of Peace is not good, although it were summoned by two and styled by their names; but by two suffi­cient Justices it is good, though it be styled by the name of three, Lam. 383.

Quarter Sessions are to be held four time in the year, (v. z.) the first week after S. Mi­chael, the Epiphany, the clause of Easter after the translation of S. Thomas the Mar­tyr, which is J. July, 2 H. 5. c. 4. Lam. 597.

‘The Easter Sessions by 33. H. 8. c. 10. an [...] to be holden the Tuesday next after Low Sunday, Lam. 605.’

‘Justices of Peace shall hold their Sess [...] ons [Page 281] four times in the year, viz. Once within the Octaves of the Epiphany: the second, in the second week of Lent: the third, between the Feasts of Pentecost and St. John Baptist: the fourth within the Octaves of St. Michael, 36 Ed. 3. c. 12. Cro. 123. b. nu. 16.’

‘Where Crompton noteth, that by 12 R. 2. c. 10. it is ordained that the Quarter Sessions should be held every quarter of a year at the least, and three daies if need be; by which it appeareth that the usual day is not of necessity, so it be kept within a quarter of a year, Cro. ibid.

‘By the statute 2 H. 5. c. 4. Justices of Peace shall keep their Sessions four times in the year, viz. in the first week after S. Michael, in the first week after the Epiphany, in the first week post claus. Paschae, and in the first week after the Translation of St. Thomas the Martyr, which is the 7 of July, and oft­ner if need be, Cro. 123. b. nu. 17.’

Cro. 123. b. nu. 18. saith, that upon the stat. of 17 R. 2. c. 9. (which permitteth to keep Sessions so oft as is expedient,) in Kent they keep their Sessions at other times then the times appointed by 2 H. 5. c. 4. and that it is good.’

The place where the Sessions are to be hol­den is a [...]b [...]trable, and therefore though by summons they be to be kept in one place, yet they may be kept in another; but then there can be no amerciament for default of appea­rance, Lam. 383, 384.

Two Sessions at one time for one County law [...]ully summoned at two places, both are [Page 282] good, and appearance at one shall excuse de­fault of appearance at the other, and present­ments taken before either of them shall be good, Lam. 384.

At a general Sessions all matters enquira­ble by Justices of Peace, either by their Com­mission or by statute, ought to be given in charge, otherwise at a special Sessions, Lam. 623. and may be held three dayes, 606. 12 R. 2. c. 10.

Two sorts of men owe their ordinary at­tendance at the Qu. Sessions, (viz.) officers and ministers of the Court, and Jurors of the County, Lam. 386.

Officers are the Custos Rotulorum, where he ought to attend by himself or his deputy, Lam. 327.

The Clark of the Peace, Lam. 393.

The Sheriff, Lam. 395.

The Coroners, Lam. 394.

‘Ministers, as Bailiffs of Franchises, Con­stables of Hundreds, the Ordinary, Lamb. 395. Jurors for enquiry and trial, Lam. 396.’

The Justices of Peace if need require, may keep a special Sessions by virtue of their com­mission, or by the statute 2 H. 5. c. 4. Lam. 623.

Summons of a special Sessions is for the most part for some special enquiry, and not to the general service of the commission, Lam. 623.

All matters within the commission or sta­tute may at a special Sessions of the Peace be given in charge, yet they are at liberty to give in charge either all or any of them, Lam. 623, 624.

If two Justices of the Peace, one being of [...]he Quorum, make a precept to the Sheriff for the holding a Sessions at such a place and day, and to return a Jury before them, other Justices cannot by their Supersedeas to the Sheriff inhibit him, Cro. 122. b. but the King by his writ of Supersedeas may discharge it, ibid.

A man is bound to appear before a Justice of Peace within forty daies after, in the mean time a general Sessions is kept, he ought to appear before the Justices at the Sessions, Cro. 123. a. nu. 8.

A Justice commands one on pain of 10 li. by his precept to appear at the next Sessions, and he doth not, no Scire facias shall go a­gainst him more then upon a Sub poena, but it seemeth he may be attached upon a con­tempt, Cro. 123. a. nu. 9.

‘All that come to the Sessions for publick service, or upon compulsion, upon com­plaint and examination of the matter upon oath shall be freed from any arrest upon Original process, Lam. 402. Cro. 190. b.’

‘Justice of Peace may record a force, if he be disturbed in coming to the Sessions, so that he dare not go to the Sessions, and they shall be convicted by that record, Cro. 190. b.’

Sewers.

Commission of Sewers being expired, six Justices of Peace, two being of the Quorum, may for one year after execute the laws of Commissioner of Sewers, unless a new be published, 13 El. c. 9.

Sheep.

To transport sheep beyond the seas without licence, or to procure the same, is felony for the second offence, 23 H. 8. c. 16. 8 Eliz. c. 3. Lam. 227, 425.

Any bringing, sending, or receiving into any bottom [...] any sheep alive out of the Kings dominions, or procuring the same, loseth his goods, is to be imprisoned for a year, and then in open market to lose his left hand, 8 Eliz. c. 3. Lam. 456, 457.

Any keeping at one time above 2000 sheep of all sorts against the purport of the statute, loseth 3 shill. 4 pence for every sheep above 2000. 28 H. 8. c. 13.

Sheriff.

The Custos Rotulorum, or eldest of the Quorum in his absence, is to appoint at Mi­chaelmas-Sessions, two Justices of Peace, whereof one of the Quorum, to have the oversight and controlement of the Sheriff, Under-sheriff, their officers and deputies, and of their books and amerciaments in their County Courts: and either of these two Justices, or one Justice of the Peace, may exam [...]ne the Sheriff or Under-sheriff and plaintiff concerning the taking and entring plaints in their Courts and books against the statute, 11 H. 7. c. 15. Dal. 136. Lam. 201, 295, 600.

The particulars are, Dal. 137. Lam. 431.

1. If any plaints be entred in their books in any mans name, the plaintiff or sufficient Attourney not being in Court.

2. If the Plaintiff find not pledges to pur­sue his plaint; viz. such as are known in that County.

3. If they enter more plaints then one for one trespass or contract.

4. If they enter more plaints then the plain­tiff supposeth he hath cause of action for a­gainst the defendant.

If upon examination the Justices finde any default, it shall stand for conviction without further enquiry or examination, and they forfeit 40 shill. to the King and to the infor­mer for every default, and the Justices must certifie the examination to the Exchequer within a quarter of a year, on pain of 40 shill. Dal. 137.

The like for Bailiffs of Hundreds in not warning the defendants to appear, Dalt. ibid.

Sheriff shall make no estreats to levy their Sheriffs amerciaments untill the two Justices have had a view and oversight of the books, & the said estreats shall be indented betwixt the said Justices and Sheriff, or Under-sheriff, under their seals, Dal. ibid.

The said two Justices or one of them may examine the defaults of collectors of Sheriffs amerciaments, whose finding of default is a sufficient conviction and forfeiture of forty shillings, the examination to be certified into the Exchequer, Dal. ibid.

The said Justices upon information of the party grieved, may make like process as in action of trespass against the Sheriff, &c. to appear then to answer the said information or suggestion, Dalt. 138.

Sheriff ought to be at the Sessions to return his precept, and keep the prisoners, Lam. 395.

In these cases following the She­riff, &c. doth forfeit 40 pounds, and treble damages to the party grieved, 23 Hen. 6. c. 10. Lam. 430, 431.

  • 1. Sheriff that letteth his Bailiwicks or any of his hundreds.
  • 2. Or returneth in any panels any Bai­liffs, officers, servants, or servants servants.
  • 3. Or refuseth to bail those that are bail­able, offering sufficient surety.
  • 4. Or taketh any obligation by colour of his office, but onely to himself, and upon the name of his Office, and upon condition only to appear according to the writ or war­rant.
  • 5. Or having taken for an arrest above 20 pence.
  • 6. Or above 4 pence for any obligation, warrant or precept.
  • 7. ‘Or he or any other minister having taken any thing for making any return or pannel.’
  • 8. Or above four pence for the copy of a pannel.
  • 9. Bailiff for taking above four pence for making an arrest.
  • 10. Goaler taking above four pence of any committed to his ward upon arrest or attachment.
  • 11. Sheriff or his ministers that shall levy [Page 287] any of the Kings debts, without shewing [...]he party the estreats under the Exchequer [...]eal, shall be fined and pay treble damages to the party, 7 H. 4. c. 3. 42 Ed. 3. c. 9. Lamb. 432.
  • 12. Sheriff or other his minister arrest­ [...]ng, imprisoning, ransoming of, or levying any amerciaments by reason of any Indict­ments or presentments made in the Sheriffs turn, without process first obtained from the [...]ustices of Peace, or that hath not brought [...]n such indictments and presentments to the Justices of the Peace at the next Sessions, lo­ [...]eth 10 pound, Lam. 431. 1 Ed. 4. c. 2.

Sheriff or any other who may make return of any writ, that returneth any Juror, with­out true addition of the place of his aboad, or within a year next before, or without some addition by which the Juror might be well known, loseth 5 marks to the King, and [...] marks to the party, 27 El. c. 7. Lam. 432.

Sheriff or goaler denying to receive felons by the delivery of any Constable or Town­ship, or having taken any thing for re­ceiving such, is fineable, 4 E. 3. c. 10. Lam. 434.

Sheriff, Bailiff, or other officer or person, refusing to pay over to the Churchwardens, &c. the moiety of the forfeitures by the sta­tute of 4 Jac. against uttering of beer or ale to ale-house-keepers unlicensed, forfeiteth double value, 4 Jac. c. 4. Lam. 434.

Justice of Peace being chosen Sheriff, his authority of Justice is suspended during his Sheriffwick; but after another is chosen and sworn, his authority as a Justice of Peace [Page 288] is as it was before without any new oath, ex­cept he be left out of the commission, Dal. 11▪ & 12. Cro. 121. a. nu. 13, 14.

Shoes.

Making shoes, pantofles, &c. contrary to the rules prescribed in the stat. loseth 3 shill. 4 pence for every pair of shoes, &c. and the value of them, 1 Jac. c. 22. Lam. 465.

Shewing of boots, &c. on the Sunday, with intent to sell them, loseth 3 shill. 4 pence and the value of them, 1 Jac. c. 22. Lam. 466. vide Leather.

Shooting.

‘Any under the degree of a Lord of the Parliament shooting within any City or Town at any fowl or other mark upon any Church or dove-coat, or any shooting in any place any hail-shot or moe pellets then▪ one at a time, every time offending forfei­teth 10 pound, and imprisonment for three mon [...]ths, 2 Ed. 6. c. 14.’

Vide Archery, Cross-bows, Partridges.

Silk, vide Apparel.

.

Sope, vide Vessels.

.

Souldiers.

Souldier serving the King by sea or land, doth willingly give, purloin, or put away any horse or harness wherewith he was set forth, (or being taken from other souldiers was appointed to him,) upon complaint thereof to a Justice of Peace, he shall be com­mitted [Page 289] without bail, till he have made satis­faction, unless he have been formerly puni­shed by the General or other, or shew forth in writing under seal the lawful loss thereof, 2 & 3 Ed. 6. c. 1. Lam. 194.

Souldiers passing out of the Realm to serve any forein Prince, not having before their passage taken the oath of allegiance before the officer appointed thereunto, it is felony, 3 Jac. c. 4. Dal. 288.

Souldier being a Gentleman, or of a higher degree, or Captain, or other Officer in Camp, passing to serve any forein Prince, &c. before they be bound to the King with two sureties before the officer appointed not to be reconci­led to the Pope, &c. or to consent to any conspiracy against the King, but to disclose all conspiracies upon knowledge thereof, &c. it is felony, ibid.

Souldier entred upon record, and having taken press-money, and that departeth with­out licence, it is felony, 7 H 7. c. 1. 3 H. 8. c. 5. Dal. 288. or if they depart without licence after they have served in the Kings wars, 2 Ed. 6. c. 2. Dal. ibid. So of marriners and gunners that have taken press-mony to serve the King on the sea, and come not unto, or depart from the Captain without l [...]cence, it is felony, 5 El. c. 5. Dal. 288.

In these cases following, by the sta­tute of 39 El. c. 17. souldiers and mariners do become felons, Dal. 288.

Such which set not themselves to some lawful course of life, but wander up and down idly, not having a lawful testimonial (if they come from beyond sea) from some Justice of Peace near the place of their land­ing, expressing the place and time of their landing, the place to which they are to pass, and a time limited for their passage, or ha­ving such a testimonial, if they shall exceed the time limited.

To forge or counterfeit such testimonial, or to have a forged testimonial, knowing that it is forged.

Or being retained in service after his ar­raignment, &c. if he depart within the year without licence of his master.

Poor souldier, or mariner, or sea-faring man suffering shipwrack, may have a licence from a Justice of Peace next to his landing, to pass to the place of his repair, and may ask and receive necessary relief in his direct pas­sage, within the time limited to him, 39 El. c. 4. 39 El. c. 17. Dal. 126. Lam. 303. 21 Jac. c. 28.

Every parish is to be taxed to the relief of disabled souldiers, by the greater part of the Justices at their Quarter Sessions next after Easter, so as no parish be above ten pence, nor under two pence weekly to be paid, so as the total sum in any County [Page 291] where there shall be above fifty parishes, do [...]ot exceed six pence every parish, 43 Eliz. [...]ap. 3.

The said taxation to be assessed within [...]hemselves, and in default thereof by the Church-wardens and petty Constables or [...]he greater part of them, in default thereof [...]y the Justices or Justice of Peace dwelling in [...]he same parish, or, if none be there, in the [...]arish next adjoyning, 43 El. c. 3.

In default of payment of the same assess, [...]he Church-wardens and petty Constables may levy it by distress and sale, &c. and in their default the aforesaid Justices or Justice of Peace, 43 El. c. 3.

The Church-wardens and petty Consta­bles are to pay over their collections to the high Constable ten daies before every Quar­ter Sessions, and the high Constables at every Quarter Sessions are to pay it over to the Treasurer, ibid.

If any of them make default, then the Church-wardens or petty Constables forfeit [...]o shillings, and every high Constable 40 shillings, to be levied by the Treasurer by dis­tress and sale for augmentation of the stock, [...]3 El. c. 3.

Treasurer for maimed souldiers must be [...]en pound in lands, or fifty pound in goods [...]n the subsidy, and continue but for a year, [...]nd within ten daies after Easter Sessions fol­ [...]owing to give account to his successor; in [...]efault thereof or for other misdemeanour in [...]is office, to be fined five pound or above by [...]he more part of the Justices of Peace, 43 El. [...]ap. 3.

Souldier or mariner sick or maimed b [...] service in his Majesties pay, upon lawful cer­tificate thereof by the general muster-maste [...] or receiver of the muster-rolls, Treasurer, o [...] Controller of the Navy under his hand, is to come to the Treasurer of the County wher [...] he was prest, or if he were not pressed, then to the Treasurer of the County where he wa [...] born or last dwelt three years, if he be able to travel so far, or otherwise to the Treasurer o [...] the County where he landed, by him to be relieved according to h [...]s discretion till the next Qu. Sessions, at which time the more part of the Justices may according to their dis­cretions grant him a pension during his life, i [...] the said pension be not duly revoked or al­tered, 43 El. c. 3.

Treasurers are to make payment quarterly of such pensions as shall be granted by the most of the Justices at the Qu. Sessions under their hands, and by them to be fined if they refuse to pay them, 43 El. c. 3.

Pensions of souldiers and mariners, not ha­ving born offices, are not to be above 10 l. un­der the degree of a Lieutenant 1 [...] l. a Lieute­nant 20 l. 43 El. c. 3. Pensions are revocable or alterable at the discretion of the Justices in the Quarter-Sessions, 43 El. c. 3.

Treasurer where any maimed souldier or mariner shall arrive upon certificate, though not allowed) may give a testimonial of his own allowance, and convenient relief to carry him to the next County, leading him to the place where the general muster-master shall be: and so may the Treasurer of each County, leading him thither, and from thence to the [Page 293] County where he is to have his pension, 43 [...]l. cap. 3.

Treasurer is to enter in to a book mony re­ [...]eived and disbursed, with the parties names [...]nd certificate to whom it was paid, 43 El. cap. 3.

Treasurer not allowing a certificate in the [...]ct of 43 El. c, 3. expressed, must endorse the [...]ause thereof on the certificate, 43 El. c. 3.

Souldier or mariner counterfeiteth a cer­ [...]ificate, or having a pension beggeth, he shall [...]ose his pension, and be adjudged a rogue, [...] 3. El. cap. 3.

Souldier or mariner that cannot be reliev­ed in the County where he was pressed, by reason that the whole taxation is imploied, [...]hall be relieved where he was born or dwelt [...]he last 3 years, at his election, 43 El. c. 3.

Overplus of the stock for maimed souldi­ers is to be imploied by the greater part of [...]ustices at the Qu. Sessions, to such charita­ble uses as are set down in the statute for poor, except it be by them reserved for future pen­sions, 43 El. c. 3.

Star-chamber.

The experience of the Star chamber is the best guide and direction for a Justice of P. Lamb. 175.

Stolen goods.

After attainder upon evidence by the ow­ner, the stoln goods are to be restored to the owner by writ of restitution awarded by the Justices before whom the attainder was, 21 H. 8. c. 11. Lam. 586. Da. 306. Cro. 191. a. Vide Re­ [...]titution of stolen goods.

Stewards of the Sheriffs turn, Leet, or P [...] powders, cannot grant surety of the peace u [...] less it be by prescription, but every of the [...] may commit him to ward that shall make [...] assray in their presence whilest they be i [...] execution of their office, which the stewa [...] in a Court Baron cannot do, Lamb. 14. Dal. [...] 10 H. 6. c. 7. Br. Leet 36.

Stock of the shire.

The parishioners, and in their default th [...] Churchwardens and Constables, are to asse [...] the tax imposed upon the parish by the Justices at Easter Sessions, towards the relief of th [...] prisoners in the Kings Bench, Marshalse [...] Hospitals, and other losses by fire, &c. In default of them, any Justice of Peace dwellin [...] in that parish, or (if none dwel there) th [...] next Justice may assess the same; and the sam [...] Justice of Peace or any other Justice of Peac [...] in that limit, in default of the Churchwarde [...] and Constables, may levy the same by distre [...] and sale of the offenders goods, rendring t [...] the party the overplus, and in default of distress may commit such persons without batill they pay the same 43 El. c. 2 Dal. 139.

In all taxations observe these rules, Da [...] ibid.

1. The most reasonable taxation of land i [...] by the yearly value, not the quantity.

2. He that occupieth lands in his ow [...] hands in several parishes, shall be charged i [...] every parish proportionably for his lan [...] there.

3. The farmer shall be rated for the land and not the lessor.

4. A man is not to be rated for his farm­ [...]s, for that the occupier of the lands is argeable for the same.

By goods in most cases a man may be ra­ [...], as well as by lands, but not both by goods [...]d lands.

6. A man shall be charged for goods only that town where the goods be at the time assessment: the Constable and major part the Parishioners, upon warning given in Church, may make such taxations by law, 5, 67 Br. Quin. 4. & 6. Dal. 140.

The like may be done by the Churchwar­ [...]ns and the greater part of the Parishioners [...]r Church charges, Dal. ibid.

If the greater part will not meet, the offi­ [...]rs and such as will meet may tax, Dal. ibid.

Where a man is charged by goods, they [...]ust be bona notabilia, Dal. 140. Vide Taxation.

Subsidy.

Upon proof before two Just. of Peace that subsidy-man by covin hath escaped taxa­ [...]on, they shall charge him at double the [...]alue of so much as he ought to be taxed at, [...]d he shall be further punished at the dis­ [...]etion of the said Justices, Lam. 336. Dal. 141.

Suggestion, vide Information.

.

Summons of the Sessions, vide Sessions.

.

Sunday.

All persons shall diligently and faithfully [...]esort to their Parish Church or Chappel ac­customed, [Page 296] or upon reasonable let to som [...] usual place where Common prayer shall b [...] used, upon every Sunday and other day or­dained and used to be kept holy-day, and th [...] and there to abide orderly and soberly du­ring the time of common-prayer, preaching or other service of God, or lose twelve penc [...] for every offence, to be levied by the Church-wardens there, to the use of the poor, by way of distress, 1 El. cap. 2. Dal. 105. though he b [...] Popish Recusant convict or not convict, ibid.

If any subject do not resort and repair ever [...] Sunday to some Church or Chappel, or som [...] usual place appointed for Common-prayer [...] and there heare divine Service, according t [...] the statute 1 El. cap. 2. it shall be lawful for [...] Justice of Peace of that limit, upon proof by confession of the party, or oath of witness, to call the party before him; and if he or they make not a sufficient excuse, to the satisfacti­on of the said Just▪ then to give warrant to th [...] Church wardens of the said parish under hi [...] hand and seal to levy twelve pence by distres [...] to the use of the poor for every default, and for want of distress, to commit the offender to prison; every offender to be called in questi­on within one moneth after the offence, 3 [...] Iac. c. 4. Lam. 418.

None punished according to the branch of the statute of 3 Jac. cap. 4 shall be punished by 1 El. c. 2. for the same offence, 3 Iac. c. 4.

There shall be no meeting, assemblies or concourse of people for any sports or pastime out of their own parishes on the Lords day; nor Bear-baiting, Bull-baiting, Interludes, common plaies, or other unlawful exercises [Page 297] within their own parishes, upon forfeiture of shillings 4 pence to the use of the poor, up­ [...]n view of one Justice of Peace, confession of [...]he party offending, or oath of one witness, to [...]e levied by warrant of the said Justice under [...]is hand and seal to the Constable and Church-wardens; in default of distress, the [...]ffender to sit in the stocks three hours. The [...]ffender to be questioned within one month, [...] Car. c. 1. Dal. 63.

Carriers, waggoners, wayn-men, drovers, [...]hall not travel with horse, wagons, carts, or [...]attel upon Sunday upon pain of twenty shill. [...]or every offence. Neither shall any Butcher kill or sell any victual upon Sunday, on pain of 6 shillings 8 pence, upon view of one Just. of Peace, confession of the party or oath of two witnesses; the penalty to be levied by the Constable or Church-wardens to the use of the poor by warrant of any Justice of Peace by distress, or by any that will sue for the same at the Qu. Sessions in the same County within six months, his reward not to be above the third part, 1 Car. c. 1. Dal. 134.

Shewing of Boots on the Sunday, with in­tent to sell them, loseth 3 shillings 4 pence, and the value of the Boots, 1 Jac. c. 22. Lam. 466.

Supersedeas.

Supersedeas is sufficient, though it neither name the sureties, nor contain the sum wherein they are bound; but it is better if it do both, Lam. 96. Dal. 172.

Supersedeas delivered to the officer, if he [...]rge new sureties, the party may refuse; and [Page 298] if he be committed, he may have his actio [...]Lam. 99. Dal. 172.

Supersedeas out of the Chancery will dis­charge surety of the P. in the Kings Bench, and either of them a precept for the peace a­warded by a Justice of Peace; and an attach­ment lieth against him if he surcease not, and he may be imprisoned and fined for it, Lam. 99. Dal. 172, 173.

Supersedeas received by a Justice of Peace out of an higher Court, he should forbear to make any warrant, or if one be made, to send out his Supersedeas to the Sheriff, or other officer, to desist to put it in execution, Lam. 99. Dal. 172.

Supersedeas out of the Chancery is to be certified at the next Sessions, together with the Recognizance, for the Peace; if the Su­persedeas do testifie that he hath found surety in the Chancery onely unto a certain day, which day is after those Sessions, if the Su­persedeas come to his hands after his Recogni­zance taken Dal. 173. Lam. 113. for perad­venture the recognizance was broken be­fore the Supersedeas purchased.’

Supersedeas for the good abearing, quaere if it may be granted by a Justice of Peace, Lam. 123. Dalt. affirmeth it, 197.

A Supersedeas made by a Justice of Peace, and returned under his seal, is a sufficient re­cord to prove a recognizance taken for the Peace, and warrant to call the party bound, and if he make default, to record the same, Lam. 97.

If a Justice of P. will by a Supersedeas dis­charge a Precept for the Peace awarded by [Page 299] another by virtue of his office, and not by [...]upplicavit, the recognizance would be taken [...]ccording to the form of the Precept, Lam. 96. Dal. 172.

Certiorari to remove a record is in it selfe a [...]upersedeas to the Justices, yet the party may [...]ave a Supersedeas to the Sheriff that he arrest [...]im not upon the Justices record, Lam. 515.

Whether the Justices ex officio after a Certio­ [...]ri ought to award their Supersedeas, to stay [...]roceeding upon the record, quaere Lam. ibid.

An Exigent awarded against one indicted of [...] trespass before the Justices of Peace, may be [...]ayed by Supersedeas out of the Chancery, [...]pon surety found there to appear at the day [...] the Writ, though he be taken upon it, Lam. 526, 527.

So by Supersedeas granted by two Justices of [...]eace, one being of the Quorum, testifying [...]hat he hath found sureties, de fine assidendo, Lam. ibid.

Yet Dal. and Cro. say, by one Justice of P. Dal. 319. Cro. 234. a.

If a Supersedeas be directed to the Justices of Peace and Sheriff, the Justice to whose hands [...]t shall be delivered, may keep it, and deliver [...]he label to the party, Dal. 173.

Supersedeas granted for the Peace, or good [...]ehaviour, out of the Chancery or K. Bench, [...]s void, unless it be upon motion in open Court, and upon sureties of five pounds in [...]ands, or ten pounds in goods in subsidy, and unless it appear to the Court that such process of P. or good behaviour is prosecu­ted against the desirer of such Supersedeas bona fide by some grieved in that Court out [Page 300] of which the Supersedeas is desired, 21 Jac. [...] 8. Dal. 174.’

Whether the party bound, sending [...] Supersedeas to the Sessions, be discharged [...] his appearance there, quaere Da. 173. Lam. 11 [...] ▪ the precedents are, that the party appeare [...] and prayed allowance, &c.

Supplicavit.

He onely to whom the Writ of Supplicav [...] is delivered, must execute it, Dal. 186.

The Justice that receiveth the Writ, ma [...] make the warrant to the Constable or othe [...] party indifferent; and if he refuse to find [...] sureties, to carry him to prison, Dal. 186.

The party attached can be bound onely [...] fore him that sent out the Warrant, Dal. 186▪

The Justice is to execute the Supplicavit a [...] it directeth, Dal. 187.

If the sums be left to discretion, it is safe t [...] take good summes, Dal. ibid.

After sureties taken, the Just. may make him a Supersedeas, Dal. 187.

The Justice needs not return the Supplica­vit, nor make certificate, until a Certiorarid [...] come to him, Lam. 109. Dal. 190.

Supremacy.

To refuse the oath of supremacy, the fir [...] offence is Praemunire, the second Treason, [...] Eliz. cap. 1.

Surety of the P. is the acknowledgement of a recognizance to the King (taken by a competent Judge of record) for the keeping of the Peace, Dal. 161. Lam. 75.

Every Justice of Peace may take and com­ [...]and the Peace either as a Judge or a Mini­ [...]er, Da. ibid.

Justice of Peace may command surety of [...]e Peace, either of his own discretion, [...] at the prayer of another.

In what cases a Justice of Peace may command surety of the Peace by his own discretion, Dal. 162.

1. One that maketh an affray upon the Ju­ [...]ice himself, or an assault.

2. Such as in his presence make an affray [...]pon another, or offer to strike another.

3. Such as in his hearing shall threaten to [...]ill, beat, or hurt another, or to burn his house.

4. Such as in his presence contend only in [...]ot words.

5. Such as in his presence go or ride armed [...]ffensively, or with unusual number of ser­ [...]ants or attendants; and servants and la­ [...]ourers that bear any weapons contrary to [...]he statute of 12 Ric. 2. c. 6.

6. Any person by him suspected to be in­ [...]lined to break the Peace.

7. If the Constable bring one before him [...]hat shall threaten to kill, maim, or beat ano­ [...]her.

8. If the Constable bring one who in his presence attempted to break the Peace by drawn weapon striking or assaulting another.

9. Whom the Constable findeth fighting or quarrelling in a house, he may break open [...]he door, and bring them before a Justice of Peace to be bound.

10. He may make his warrant for such [...] have made an affray, and bind them to th [...] peace.

11. If one have received a wound, he ma [...] bind the one and the other till the wound b [...] cured, and the malice over.

12. Such as go or ride armed offensivel [...] to fairs or markets, or wear or carry dags o [...] pistols charged.

13. Common Baretors, Dal. 163.

14. Rioters.

15. Him that standeth bound to keep th [...] peace, and hath forfeited his recognizance b [...] breach of the peace; but not till he be conv [...] cted, and the forfeiture levied, Dal. 163. Y [...] Cro. 141. saith, that he may be bound [...] new if he be only convict for breaking th [...] peace.

16. Him that standeth bound, if his sureti [...] be insufficient.

Just. of Peace is to send to prison him th [...] refuseth to give sureties, until he find sur [...] ties, Dal. 163. Cro. 138. b. nu. 8.

Justice of Peace may cause one to be a [...] rested to finde surety of the peace against another, and grant a warrant for it, for [...] might have bound him of his own authorit [...] Dal. 163.

‘Justice of Peace may perswade a man [...] require surety of the peace against an [...] ther, and grant a Warrant for it: for [...] might have bound him of his own auth [...] rity, Lam. 78. Dal. 162, 336.’

At the request of another [...]e may comman [...] surety of the peace, but must first take an o [...] of the party that demandeth the peace, th [...] [Page 303] [...] standeth in fear of his life, or of some bodi­ [...] hurt, or to have his house burnt, Lam. [...]. Dal. 163.

‘Sureties in a recognizance ought to be [...]wo, and registred in Subsidy: for though [...]ome may be sufficient which were not as­ [...]essed, yet it standeth not well together, that [...]e should be bound to the King in 10 li. or [...]o li. that in Subsidy was not found worth [...]ny thing, Dal. 175.’

‘Justices of Peace in Sessions may exa­ [...]ine sureties upon oath of their sufficiency, Dal. 175.’

[...]uses to require surety of the Peace.

1. He that is threatned to be hurt in body, [...]o be beaten, wounded, maimed, or killed, [...]l. 164.

2. He that feareth another will beat, [...]und, maim, or kill him, Dal. ibid.

3. He that feareth another will burn his [...]use, Dal. ibid.

4. He that feareth that A. will procure a­ [...]her to hurt him in his body, or burn his [...]use, Dal. 164.

5. If a man lie in wait to beat, kill, or hurt [...]other, Dal. ibid.

Quaere, if he threaten to burn his goods.

In what cases a man shall not have the Peace granted.

1. To threaten one to imprison him, Dal. [...]4. Lam. 82. Cro. 135. a. Quaere tamen. Br. [...]ace. 22.

2. Where one is in fear that a man will hurt [Page 304] his servant, cattel, or other goods, Dal. 16▪ Cro. 138. a. Lam. 83. but he may have a wr [...] out of the Chancery. Dal. seemeth to be [...] the other opinion, 164.

3. Because he is at variance with [...] neighbour, Dal. 164. Lam. 83.

4. Where there is no fear of present future danger, Dal. 164. Lam. 84.

5. For a battery past: yet a Justice, if [...] see cause, may bind over the affrayers, D [...] 165. Pax Regis 14.

‘Justice of Peace may deny to grant sure [...] of the peace, if it be upon meer vexatio [...] yet if the party will take his oath, it is n [...] safe to deny it, Dal. 165. yet afterwards pe [...] ceiving it to be of malice, and for vexa [...] on, he may bind the party so requiring it his good behaviour.’

Against whom surety of the Pea [...] may be granted.

Against a Knight, or any person under [...] degree of a Baron, Dal. 166.

‘Against Sheriff, Coroner, Escheator, [...] other officer of Justice. But it is not go [...] to bind them versus cunctum populum, D [...] 166. Lam. 80, 81.’

Against any Ecclesiastical person not [...] ing divine Service in the Church or Chur [...] yard, or other place dedicated to God, D [...] 166. 50 Ed. 3. c. 5. 1 R. 2. c. 15.

One Justice of Peace may grant the sur [...] of the peace against his fellow Justices, tho [...] sitting in Sessions, Cro. 134. b. Dal. 1 [...] Lam. 80.

One Justice of Peace may demand the [...]eace against another man, Lam. 81. Dal. 67.

The wife may demand the peace against [...]er husband, if he threaten to kill her, or [...]utragiously beat her, or she have notorious [...]use to fear it; and the husband may crave [...]e peace against his wife, Dal. 167. Lam. 78. [...]o. 133. b.

The peace may be granted to a feme covert, [...] an infant under the age of 14 years, if he [...]ave discretion to crave the peace, but they [...]ust be bound by sureties, and an infant un­ [...]er that age may demand it, Dal. 167. La. 79.

A Lunatick may crave the peace, and have [...] granted him, Dal. 167. Lam. 79.

It may be granted against one attainted [...]ther of treason or of felony, or convict of [...]eresie, Dal. 168. and they may demand it, [...]am. 79.

It may be had against an excommunicate [...]erson, Dal. 168. and an abjured person, ibid.

It may be had against one attainted in Prae­ [...]unire, and against an alien, either made de­ [...]ison or living in England, Dal ibid.

It may be had against one dumb and blind, [...] against an impotent person, Dalt. 168. [...]am. 79.

Against whom the Peace cannot be granted.

1. It cannot be granted against any Noble- [...]an, or Noble-woman, Dal. 165.

2. Against one non sanae memoria, unless he [...]ave lucida intervalla, Dal. 167. Lam. 79.

3. Against one born dumb and deal; but [Page 306] if he become dumb and deaf, or made blin [...] and deaf accidentally, he may have understanding, and the Peace may be granted [...] him or against him, Dal. 168.

How the surety of the Peace is to be commanded and executed.

A Justice of Peace may command the Peace by

  • word
  • writing.

By word.

The party being present in the presence [...] the Justice of Peace, threatneth another, o [...] maketh an assault or affray upon another, o [...] doth any other act tending to the breach o [...] the Peace, Dal. 169. Cro. 138. b. nu. 8. La [...] 84, 85.

One demandeth the surety of the Peace being present, and taketh his oath he is affrayed, &c. the Justice may command th [...] other to find surety, Dal. 169. Cro. 138. Lam▪ ibid.

The Justice in such cases may command the Constable or other known officer, or his own servant being present, to arrest such par­ty to find surety of the Peace, and may com­mit to the Goal such party refusing to find surety, Dal. Cro. Lam. ibid.

By writing.

The Justice by precept or warrant in wri­ting under his seal directed to some known officer, or other indifferent person, contain­ing the cause and at whose suit, to the end the parties may provide the sureties, and take them with them, Lam. 87. Dal. 170.

The Justice may make his warrant to bring [Page 307] the party before him, but the usual manner is [...]o bring the party before the same Justice, [...]r some of the Justices of the County, Dal. [...]0.

Who may serve the Warrant, vide Warrant.

The Constable is first to acquaint the party with the matter in the Warrant; and if he refuse to go before the Justice to finde sure­ties, he may arrest him and carry him to the Goal, without carrying him to the Justice, Lam. 90. Dal. 170. Br. Faux Impris. 18.

If the party yield to find surety, the officer is not bound to go up and down with him, but may keep him until he can procure sureties to come to him; if afterward he make re­sistance, or offer to go away, he may by his warrant carry him to the Goal, and set him in the stocks till he can get aid to convey him to the Goal, Dal. 170. Lam. 92.

The arrest is not justifiable except the Offi­cer do carry him to the Goal that refuseth to finde sureties, Cro. 171. b. Dal. 171.

The party may go before any other Justice (if the warrant proceed ex officio) to offer the sureties, but cannot force the Officers to tra­vel out of the division where they dwell. Nay it is at the election of the officer to carry the party to any other Justice, rather then to give the election to the delinquent, Dal. 171. Lam. 94.

The party coming before the Justice is to offer his sureties, or else the Justice is to com­mit him, for the Justice needeth not to de­mand them, Dal. 171.

If the party refuse before the Justice of Peace to finde sureties, the Officer by the first [Page 308] Warrant may commit him, Dal. 171. Lam. 92▪

The Officer is fineable if he arrest the par­ty, and do not carry him before a Justice of Peace, if he be willing to finde sureties; se­condly, if upon refusal they arrest him, and do not carry him to the Goal, Dal. 171.

The party being imprisoned, the Justice of Peace may make him his L [...]berate; first, if the complainant die; secondly, if he do enter surety of the Peace, Dal. 171.

If the imprisoned have a suit depending in the common Pleas, by some opinions, the imprisoned may be discharged by a Writ of priviledge. Quaere tamen, Dal. 171. Lam. 94. Cro. 138. a. nu 4.

A sworn & known officer needeth not to shew his Warrant, but the servant of the Ju­stice must shew it if it be required, Lam. 89. Dal. 340.

If Husband and Wife be bound to appear, and in the mean time to keep the Peace, and the Husband onely appeareth, the recog­nizance is not forfeited, Dal. 179. Quaere Cro. 144. b.

Suspicion and sus [...]ects of felony.

A suspect of felony ought not to be arre­sted by a Warrant from a Justice of Peace, unless he be indicted before: for if the Bai­liff which serveth the Warrant doth suspect him, he may do it of himself without a War­rant; and without suspicion the Justices War­rant is no Warrant, Lam. 188. Dal. 339. Cro. 147. b. 148. b. 197. a. nu. 21. Quaere Dal. 339. Br. Faux Impris. 8.

Suspicion only without felony committed, [Page 309] is no cause to arrest another, Cro. 154. a nu. 28. Dal. 331. Brook ibid. 1, 4.

A felony being committed, every man may arrest suspicious persons that be of evil fame, &c. and if such person make resistance, the other may justifie to beat him, Dal. 345.

The Constable or other person that arre­steth one for felony or suspicion, must him­self suspect, Dal. 311, 345. Cro. 99. b. nu. 43.

‘In an arrest for suspicion of felony, the party that causeth the arrest must suspect him, and also shew some cause of supicion: otherwise every man may arrest another for felony done, Cro. 99. b. nu. 44. Dal. 311, 312. where he maketh a quaere.

Swans.

Taking away from his own or another mans grounds Swans eggs of another mans, upon conviction and examination of wit­nesses is imprisonment for a year and day, and loss of ten pound, Lam. 446.

To steal Swans unmarked, if they be domi­ [...]i, and kept in a mans manour or private rivers, is felony, Dal. 267.

Swearing.

He that sweareth or curseth, being convi­cted by hearing of any Justice of the Peace, or by oath of two witnesses, or confession of the party before a Justice of Peace, loseth 12 perce to the poor, where the offence shall be committed, to be levied by distress, the offence being proved within twenty daies; or for default of a distress to be set in the stocks three hours, 21 Jac. c. 20. & 3 Car. c. 4.

‘The Warrant for distress is to be made to the Constable, Churchwardens, and O­verseers of that parish where the offence is committed, 21 Jac. c. 20.’

The offender being under twelve years of age, and not forthwith paying his twelve pence, by warrant of a Justice of Peace, or head-officer, is to be whipped by the Consta­ble, or by the parent or master in his pre­sence, ibid.

Taxations vide Stock of the shire.

TAxations made for a Common-wealth, as making or mending of bridges, high­waies, causeys, sea-banks, &c. shall be upon all persons though they assent not, Dal. 141. Coke 5, 63. Br. Customs 6.

‘A town is amerced, and by assent of neighbours, every inhabitant is assessed, and they appoint I. S. to collect it, and, for non-payment such a day, to distrein: such a distress taken by I. S. for rates is good, Dal. 141. Brook Customs 6. Coke 5, 63. Doctor & Student 74. b.’

Tale-bearers, vide News.

.

Tanners, vide Leather.

.

Tavern-keeper.

Assignment of such as shall keep a Tavern to utter wine, is to be made at the general Sessions, unless it be otherwise by especial grant, 7 Ed. 6. c. 5. Lamb. 614.

Testimonial.

Testimonial under the hand of one Justice of Peace sealed, is sufficient to pass in hay­time and harvest time from one County to another, Lam. 190.

In all testimonials and passports some assu­red marks of the party, by which he may in­fallibly be distinguished and known from others, are fit to be specified, Lam. 206.

Testimonial for a serving-man turned from his masters service, or whose master is dead, ought to be made by two Justices of Peace, 27 E [...]. cap. 11. Lam. 331. Dal. 127. maketh a Quaere.

‘None retained in husbandry is to depart without Testimonial at the end of his term, 5 El. c. 4. Vide Servants.’

Theft.

Theft is a fraudulent and felonious taking of another mans personal goods, in the ab­sence of the owner, and without his know­ledge, Lam. 272. Dal. 262.

Theft is either Grand-larceny, or Petty, larceny.

Grand-larceny is when goods stollen are above 12 pence, and it is felony of death, ex­cept the party be saved by his book, Dal. 263.

Yet if the goods be of more value, and the Jury find it did not exceed 12 pence, it is not Grand-larceny, Dal. ibid.

Petty larceny is if the goods do not exceed 12 pence, and is not felony of death, but im­prisonment for some time, or whipping, or some other punishment by the discretion of [Page 312] the Justices before whom the party is arraign­ed, Dal. ibid.

For petty-larceny, the Justice of Peace be­fore whom the offender shall be brought is not to punish him, but either to send him to the house of correction, or to bail him, Dal. ibid.

Petty-larceny is forfeiture of goods and chattels.

Six pence, four pence, and three pence, be­ing taken by one at several times from one and the same person, may be put together in one indictment, Dal. 263 Lam. 273 Stam. 24.

If two or more steal above 12 pence from one, it is felony of death in every one, Dal. ibid. Lam. 273.

The manner.

To make an act larceny, there must be first a taking, secondly, a carrying away, Lam. 277. Dal. 263.

Yet it may be felony though the offender came to it by the delivery of the owner, Lam. 278. As,

A Taverner setteth plate before his guests to drink in, and his guests carry it away; it is felony, Dal. 264. Lam. 278. Cro. 35. b. nu. 4.

A Carrier carrieth goods to him delivered to the place appointed, and there breaketh them up, and embezelleth them; it is felony, Dal. 264. Cro. 36. a. nu. 13. Lamb. 279.

A carrier taketh out parcels of the goods to him delivered; it is felony, Dal. 264. Cro. 36. a. nu. 11.

A Carrier conveyeth them to another place, and there breaketh them up, and conveyeth part or all to his own use; it is felony, Dal. 264. Lam. 278.

Where, after delivery, the imbezel­ling is no felony.

A Carrier imbezelling the whole, Lam. 278. Cro. 36.

A stranger borroweth a horse, and ri­fleth away.

A Clothier delivereth his wool to his work-folk.

One delivereth his goods to another to keep.

One delivereth money, to A. to pay B.

Felony in servants by force of the statute 5 El. c. 10.

Servant of the age of 18 years (other then an apprentice) to whom any money, goods, or chattels, &c. by his master or mistress shall be delivered to keep, of the value of 40 shill. or above; if he go away with, or convert the same to his own use, with intent to steal the same, or to defraud his master or mistress, it is felony, if it be prosecuted within a year, Lam. 279. Dal. 265,

Wherein are divers cases.

A man receiveth of his master 20 pound in gold to keep, which he changeth into sil­ver, and runneth away with it, they are both of one nature, therefore felony, Dal. 265. Lam. 280. Cro. 35. b. nu. 6.

One servant delivereth to his fellow ser­vant to the value of 40 shillings of his masters goods, and he goeth away with it, or conver­teth [Page 314] it to his own use; it is felony, Dal. ibid. Cro. 50. a. Lam. 280.

A servant maketh a garment of his master [...] cloath, and goeth away therewith; it is felo­ny, Dal. 265. Cro. 50. a.

Quaere of barley converted into malt, o [...] mony melted into a piece of metal, Dal. 266▪

An obligation is delivered unto a servant and he goeth away with the mony received upon the same obligation; it is no felony within the statute of 5 El. c. 10. for the ma­ster delivered not the mony, Dal. 265. Cro. 35. b. nu. 5. 50. a.

The servant carrieth his masters wares to market, selleth them, and goeth away with the mony, or converteth it to his own use it is not felony within the statute of 5 El. c▪ 10. Dal. 266. Cro. 50. a. Lam. 280.

A Receiver receiveth rents, and goeth a­way with them; it is no felony, for the statute is, where the master delivereth to keep, Dal. 266. Cro. 50. a.

I deliver to my servant an horse to ride to market, or mony to buy things or pay ano­ther, and he goeth away with it; it is no felo­ny at the Common law, for it was of his ma­sters delivery, Dal. 266. Cro. 35. b. nu. 7. Quaere if it be not felony by 5 El. c. 10.

‘My shepherd selleth my sheep falsly, it is felony Cro. 35. b. nu. 9. but Stamf. 25. a. contra.

A servant keepeth the key of his masters chamber-door, and taketh away above the value of 12 pence; it is felony at the Com­mon law, for they were not delivered him, Dal. 266. Lam. 279.

A guest taketh the sheets or other goods of the host feloniously into some other room of the house, it is felony, Dal. 266. Cro. 35. a. nu. 2. Lamb. 281. Br. Coron. 107.

A man feloniously taketh an horse, and is apprehended before he gets out of the close where he went, Lamb. 281. Dalt. 267. Cro. 36. a. nu. 12.

Not enquirable before Justices of Peace.

A servant taketh away or spoileth his de­ceased masters goods; in default of appear­ance in the Kings Bench after proclamation, it is felony, Dal. 266. Cro. 56. a. 6. 33 H. 6. c. 1.

Of what things felony may be committed.

Of moveable goods, as mony, plate, appa­rel, houshould-stuff, &c. so of corn, hay, trees, fruit, &c. being severed from the ground, Dal. 267. Lam. 273.

Of domestical things, as horses, mares, colts, oxen, kine, sheep, lambs, swine, pigs, hens, geese, ducks, turkeys, or any other do­mestical beasts or birds of tame nature: and though they run or away fly out of the owners sight, the detainer is punishable by action, Dal. 267.

Of wild nature, young pidgeons out of a­nother mans dove-house, young hawks or he­rons breeding in parks or several grounds, fishes kept in a trunck or pond, Cro. 36. b. nu. 22. Lamb. 274. Dal. 267. Stam. 25. saith gos-hawks.

Quaere of old doves in a dove-house, Lam. 274.

So swans marked, and at large, and tame deer marked and domestical, if the take [...] know it to be tame, Dal. 267. Lam. 275. Cro. 36. b. nu. 23.

By statute it is felony, to hunt deer or co­nies after some sort in park, forrest, or war­ren, or to take a tame beast or other thing in a park by manner of robbery, Vide 3 E. 1. c. 20. 1 H. 7. c. 7. Lam. 275. Dal. 268.

So to take away or conceal an hawk, ib.

To steal the flesh of tame or wild fowl dead, is felony, Stam. 25. Lam. 275. Dal 269.

To pul wooll off the sheeps backs, or to kill them for their skins, Dal. 269. Cro. 36. a. nu. 17. Lam. ibid.

A man may commit felony in taking his own goods: As, I lend or deliver goods to a­nother to keep, and after take them away fe­loniously or fraudulently, to recover the same by action of Detinue, Dal. 270. Cro. 37. b. nu. 42. b. Stam. 26. a. Lamb. 277. Br. Coro. 142. quaere.

I lend or deliver my plate or goods to ano­ther, who melteth my plate, or changeth the fashion of my goods, to take them feloniously is felony in me, Dal. 270. Cro. 37. a. nu. 34. Lam. 277.

If a man pursue or take a felon that hath stollen his goods, taketh them and suffereth the thief to escape, he is no accessary; for he may agere civiliter aut criminaliter in initio, Lam. 290. Terms of Law, Titu. theft-boot, Cro. 37. a. 45. b. 42. b. P. R. 131. Dal. 296.

If the party robbed take money, &c. of the [Page 317] thief, to the end that he shall not give evi­dence against him, whereby the thief escap­eth, he is accessary to felony of his own goods, Lam. 290. Dal. 296. Cro. 41. nu. 5.

Quaere, if a man having made complaint to [...] Justice of Peace, take his stollen goods again, and doth not prosecute the matter, whether it make him not accessary, for that he did once agere criminaliter. Dal. 296.

Of what things felony is not committed.

Things which are real chattels, Lam. 275, 276. Dal. 270.

To cut down any tree or corn, or pull any apples, or carry them away, Dal. 270. Lam. 276. Being cut and gathered for one, and then for another to carry them away, it is fe­lony: or if a stranger cut at one time, and carry away at another time, it is felony, Dal. 270. Cro. 36. b. nu. 26. Lam. 276.

Lead upon an house or Church is part of the freehold, Dal. 270. Cro. 37. a. nu. 33.

Evidence of a mans land, indenture of lease, or other writings in box or out of box, cannot be valued, Lam. 275. Dal. 270.

To take away an infant in ward, is no felo­ny, Dal. 270. Lam. 276.

Treasure trove or hidden, wreck of the sea, goods waived or straied; for the owner is un­known, Lamb. 276. Br. Coro. 96. Dalt. 270.

But felony may be committed by taking bona ignoti, or mortui & ignoti, or parochiano­tum, or of a Church or Chappel, or of a Cor­poration in time of vacation, Lam. 276, 277. Dal. 270.

What persons are chargeable in larceny.

A woman covert by her selfe, her husband not knowing thereof, committeth larceny a [...] principal, if she steal another mans goods; o [...] as accessary, if she receiveth the thief tha [...] stole them, or receiveth the stolen goods int [...] her house knowing them to be so, or locket [...] them up; and the husband knowing thereof the law will impute the fault to him, not t [...] her: but if the husband so soon as he know­eth it, forsake his house and her company, and remain elsewhere, he shall not be charged for her offence, Sta. 26. P. R. 130. Lam. 282 Dal. 271.

The husband delivereth goods to a stran­ger, the wife stealeth them from the stranger it is felony in the wife, Dal. 271.

A stranger goeth away with another man [...] wife, and against her will carrieth away he [...] husbands goods; it is felony in the stranger Cro. 35. a. nu. 2, P. R. 130. Dal. 271.

A servant stealeth by the compulsion of his master, it is felony in both, Cro. 37. a. nu. 37▪ Dal. 273.

Who are not felons.

A wife stealeth by the compulsion of her husband, it is no felony in her, Cro. 36. b. nu. 27. & 37. a. nu. 36. Lam. 282. Dal. 271. but to do murder by her husbands compulsion, is felo­ny in both, Dal. ibid. Cro. 37. a. nu. 38.

A wife stealeth by commandement of her husband without constraint, quaere, Dal. 271. Stam. 26. P. R. 130. Lam. 281.

The husband and wife together steal goods, it is felony in the husband only, Dal. 271. Stam. 26. Lam. 282.

A wife stealeth goods delivered to her hus­band, it is no felony, Dalt. 272. Cro. 37. a. nu. 35.

The wife stealeth her husbands goods, and delivereth them to strangers, it is felony in neither, Dal. 272. Stam. 27. Lam. 282. Cro. 35. a. nu. 2.

The wife receiveth the husband being fe­lon, and relieveth him, she is no accessary, Cro. 42 b. nu. 22. Dal. 272. Stam. 26. f.

An ideot, lunatick, dumb and deaf person, and an infant, are chargeable in larceny af­ter the same sort as they are chargeable in homicide, Lamb. 282. Dal. 273, 295. Vide Man­slaughter.

Threatning.

He that shall be threatned to be hurt in his body, to be beaten, wounded, maimed, killed, may crave and have the peace against the other, Dal, 164. Lamb. 82.

If a man be threatned to have his goods burned, quaere if he may have the peace, Dal. 164. Lam. 82.

To threaten to imprison a man is no cause of the craving of the peace; for the wronged may have his action of false imprisonment, or his Writ de homine repleg [...]ando, Dal. 164, Lam. 82, 83. Quaere.

To enter peaceably into an house, &c. and put out B, and presently threaten and say to B, that if he do come thither again to enter, he will kill him; this seemeth a forcible en­try: and if B. come again to make his entry, [Page 320] then if the other shall threaten to kill him, if he entreth, it is a forcible detainer, Dal. 202. Cro. 70. b. nu. 39.

Tile-making.

One Justice of Peace may enquire, hear, and determine by his discretion, as well by ex­amination of the offender, as otherwise, the offence committed in tile-making, and assess the fine therein limited, and may appoint men skilful to be searchers. Quaere tamen whether one may do it alone, Lam. 193, 194. Dal. 144. 17 E. 4. c. 4.

Earth for tile is to be digged before the first of November, and to be turned and stir­red before the first of February following, and to be tried from stones, veins and chalk, and not to be wrought before March follow­ing, or lose double the value to the buyer, 17 E. 4. c. 4. Lamb. 468.

Plain tile put to sale, is to be ten inches and an half long, 6 inches and a quarter broad, 3 quarters of an inch thick, or lose 5 shill. a hundred, 17 E. 4. c. 4. Lam. 468.

Roof-tile must be 13 inches long, half inch and half-quarter of an inch thick, conveni­ently deep, or lose 6 shill. 8 pence an hun­dred, ibid.

Gutter-tile must be 10 inches and an half long, of convenient breadth, depth and thickness, or lose two shill▪ an hundred, ibid.

Searchers of tile, for every default in searching, lose 10 shill. ibid.

Tipling.

‘The Inne-keeper, Victualler, or Alehouse­keeper, [Page 321] that suffereth any to continue tipling in his house shall forfeit 10 shill. to be levled by distress, by warrant from one Justice of Peace, and to be sold, after 6 daies; for want of distress to be sent to the gaol till payment be made, 1 Jac. c. 9. 7 Jac. c. 10. 1 Car. c. 4. Lam. 192.’

‘The Oath of Constables, Churchwardens, Headboroughs, Tithingmen, and Alecon­ners, are to be enlarged, and extend to pre­sent all offences against the statutes of 1 Jac. c. 9. & 4 Jac. c. 5. 21 Jac. c. 7.’

Any continuing tipling in an Inne, Victu­alling-house, or Alehouse, shall forfeit 3 shill. 4 pence to the poor, or not being able to pay the same, shall sit in the stocks four hours, 1 Iac. c. 9. 7 Iac. c. 10. 21 Iac. c. 7. Vide Alehou­ses, 4 Iac. c. 5.

Tithes.

Two Justices of Peace, one being of the Quorum, upon complaint by any competent Judge of tithes, for any misdemeanour of the defendant in a suit of tithes, may cause him to be attached and committed to ward, till he finde surety by recognizance to obey the sen­tence and process of the Judge, 27 H. 8. c. 7. 27 Eliz. c. 11. Lam. 357 Dal. 141.

Upon complaint in writing by an Ecclesi­asticall Judge that hath given definitive sen­tence in case of tithes against one wilfully resusing to pay the tithes or summe of money adjudged, two such Justices of P. may cause the party to be attached and imprisoned, till he finde surety to perform the sentence, 32 H. 8. c. 7. Dal. 144. Lam. 357. Cro. 197. a. nu. 22.

Miller taking Toll by heaped measure, is to be fined 31 Ed. 1. de pistoribus, Lam. 461.

Miller taking excessive Toll, viz. more then the twentieth or twenty fourth part of the Corn according to the force of the water, or by a Toll-dish not agreeing with the Kings measure, or otherwise then by strike, shall be grievously amerced, 51 H. 3. c. 3 Cro. 92. a.

A Miller shall have Toll of a bushel of hard Corn three wine pints, and of a bushel of Malt but one pint, if the Corn be brought to the Mill; for that a Mill will grinde, three bushels of Malt as soon as one bushel of hard Corn, Cro. 92. a. Quaere, for 51 H. 3. c. 3. doth not express so much. Vide Dal. 151.

Toll-gatherer for horses taking above a peny for one contract or entring the parties names, and that in the same place only where the market or fair is, and between ten of the clock in the morning and Sun-setting, loseth ten shill. and is to answer the party grieved, 2 & 3 P. & M. c. 4. Lam. 471, 472.

Toll-taker not knowing the seller of an horse, mare, &c. the seller may bring one creditable witness that will testifie he know­eth the sellers name, mystery, and dwelling-place, and there to enter them with the true price of the horse, or loseth 5 l. 31 Eliz. c. 12. Cro. 91. a. Lam. 472.

Any giving testimony to the Toll-taker, unless he do truly know the same, loseth five pound, ibid.

‘A thief selleth a stolen horse by a false name, and is so entred into the Toll-book, such misnaming maketh the sale void, Dal. 74.’

Toll-taker refusing to give to the buyer or taker of such an horse, &c. a true note in wri­ting of his entry, the party paying two pence for the same, loseth 5 l. 31 El. c. 12.

Transportation.

Every man may transport corn, it being at [...]he prices following, except it be forbidden by proclamation, 1 Iac. c. 25. 21 Iac. c. 28. 3 Car. [...] 4.

  • Wheat, a quarter 26 shil. 8 pence.
  • Rie and Pease, a quarter 15 shill.
  • Barley and Oats, a quarter 14 shill.

Every subject born within the Realm, when [...]he prices of corn at the times, places, and [...]avens when & where the said corn shall be bought, shipped or laden, exceed not the rates following, may carry and transport of his own, and buy to sell again in markets, or out of markets, and to keep, or sell, or carry, or transport any of the said corn from the places where they shall be of such prices, unto any parts beyond the seas in amity with his Ma­jesty, in English vessels, or carry or sell in o­ther places within the Realm, except where such transportation shall be forbidden by the Kings Proclamation, 3 Car. c. 4.

  • Wheat, a quarter 32 shill.
  • Rie, Pease and Beans, a quarter 20 shill.
  • Barley, a quarter 16 shill.

Every man may transport any beer, when the price of a quarter of Malt exceedeth not 16 shillings.

Traverse is the denying of the chief matte [...] in an indictment, Lam. 540.

Traverse upon a forcible entry or detaine [...] found upon presentment, quaere before who [...] the traverse is to be made or tendred, La [...] 158.

Notwithstanding offer of traverse upon e [...] quiry of a force, the Justice of Peace mu [...] make the restitution by the statute of 8 H. [...] or else deliver or certifie the presentment i [...] the Kings Bench, Lam. 158. Dal. 60.

Traverse lyeth where one Just. of P. alon [...] will take upon him to record a Riot that h [...] seeth, and the party shall not be conclude thereby, Lam. 182.

Traverse of an indictment of felony o [...] treason is not usual, Lam. 541.

Traverse of an indictment may be befor [...] the Justices of Peace, Lamb. 542. If the Cou [...] where the presentment is found cannot a [...] ward process thereof, it cannot receive a traverse of the presentment, as a leet of blood shed, Lam. 542.

That Court that may award process ad respondendum upon an indictment, may take [...] traverse of it, Lam. 543.

Presentment of bloodshed found in th [...] Sheriffs turn, and sent to the Justices of Peace [...] cannot be traversed before them, Lam. 54 [...]

One of the Enquests presents himself, it i [...] not traversable, Lam. 543.

‘Where process ad respondendum goeth ou [...] upon an indictment that is traversable, th [...] party may offer and have his traverse, Lam▪ 542, 543.’

Quaere whether a man be admitted to traverse [Page 325] a presentment except it change him in the freehold, Lam. 543.’

Travelling beyond the Seas.

Officer of Ports, or owner of a Vessel, suf­fering any woman or child under 21 years of age, except Sailers ship-boies, apprentices or [...]actors of Merchants in their trades, to go, or carrying any of them beyond sea, without [...]icence of the King or six of the Privy Coun­ [...]el under their hands, such Officer of the Ports forfeiteth his office and all his goods, and the master of the Vessel his Vessel, and [...]mprisonment without bail for 12 months, and loseth also all his goods, 3 Jac. c. 4.

Any subject going beyond the seas to serve [...]ny forein State, not taking the oath of al­ [...]egeance before the Controller or Customer of the Port, or either of their deputy or depu­ [...]ies, before his going, shall be a selon: the [...]ath by them to be registred and certified in­ [...]o the Exchequer once every year, or lose 5 l. or every oath not certified, 3 Jac. c. 4.

Any Gentleman, or of an higher degree, or Captain, or other officer in the army, before [...]is going beyond sea to serve any forein [...]rince or State, must be bound by the Con­ [...]roller or the Customer of the Port, with two [...]reties allowed by the Officer, unto the King [...]o pound, with condition not to be recon­ [...]iled to the Pope, nor to practise any thing [...]gainst the King, but knowing any thing to [...]eveal it: the same bond to be by them regi­ [...]red and certified into the Exchequer once [...]very year, or lose 5 pound for every default [...] Jac. c. 4.

Children not being Souldiers, Mariners, Merchants Apprentices or Factors, going be­yond sea without licence of the King or six of the Privy Councel, (whereof the principal Secretary to be one) under their hands and seals, shall take no benefit by descent or other­wise of any lands, leases, goods, or chattels, untill he or they being 18 years old or a­bove, take the oath of Allegeance before one Just. of Peace of the County where the pa­rents dwelt or dwell: & in the mean time the next of kin, being no Popish Recusant, to enjoy them till he shall conform to take the said oath of Allegiance, and receive the Sa­crament of the Lords Supper, and then to ac­compt to him for the mean profits, and in reasonable time to make payment thereof. And the senders lose 100 pound, one third part to the King, another to the suer, another to the poor, 3 Jac. c. 5.

Vide Transportation.

Traveller.

Inne-keeper or Alehouse-keeper refusing to lodge a traveller, Justice of Peace, or Con­stable may compel him. Quaere how, viz. to present the offence at the Affizes or Sessions, Dal. 28. Br. Action sur le case 76.

S [...]r James Lee delivered that the Inne­keeper or Alehouse-keeper may for the same be indicted, fined, and imprisoned, or the party grieved might have his action, Dal. 28.

Treason.

Treason is a grievous offence done or com­mitted against the King in his person, the [Page 327] Queen his wife, his Children, Realm, or au­thority, Dal. 227.

As,

To compass the death of the King, Queen his wife, or of their eldest son and heir; or to intend any of their deaths, though it be not effected, Dalt. 227.

To deflowre the Kings wife, his eldest daughter being unmarried, or his eldest sons wife, Dal. 228.

To levy war against the King in his realm, Dal. ibid. Br. Treason 24.

To conspire to levy war against the King, Dal. ibid.

To conspire with a Governour of another country to invade the Realm, Dal. ibid.

To kill one that is sent on the Kings mes­sage, Dal. ibid.

So encounter in fight, and kill such as be assisting to the King in his wars, or come to help the King, Dal. ibid.

To aid the Kings enemies in his Realm, Dal. 228.

To counterfeit the Kings great Seal, Sign-Manuel, Privy-signet, or Privy Seal, Dalt. 229.

To take an old seal and put it to a new patent, quaere whether treason or misprison, Dal. ib. Sta. 3. C. Br. Treas. 3. And so of those that without authority set the Kings seal up­on any writing, or fraudulently thrust a writing amongst others to seal, and so get it sealed, Dal. ibid.

To counterfeit the Kings coin, or any coin current within the Realm, Dal. 229.

To bring in any false mony, knowing it to [Page 328] be false, Dal. 229. 1 & 2 P. & M. cap. 3.

‘To clip, wash, and lighten or falsisy any coin current within the Realm, Dal. ibid.

‘To coin mony not having authority, Dal. ibid.

If he which hath the Kings warrant to coin, do coin mony in England, Ireland, or else­where less in weight then the ordinance, or coineth false metal, Dal. 229. Br. Treas. 19.

All counsellers, procurers, consenters, or aiders of any the fore named Treasons, are within the par­view of the Statute, 25 Ed. 3. for in treasons all offenders are principal, Dal. 230.

‘Counterfeiting gold or silver not the pro­per coin of this Realm, is misprision of trea­son 14 El. c. 3.’

To kill the Kings Chancellour, Treasurer, Justice in Eyre of Assize of Oyer and Terminer, being in his place, and doing his office, is high treason, Dal. 23 [...].

To extol the authority of the Bishop of Rome within any of the Kings dominions, and the procurers, counsellers, aiders and maintainers thereof, the first offence is Prae­munire, the second Treason, 1 El. c. 1. 5 El. c. 1. Lam. 411. Dal. 231.

So to bring over any books that shall maintain set forth or defend such authority, and the readers and hearers that shall justifie them, Dalt. 231.

So deliverers of such books to others, with allowance and liking of the same, Dal. ibid.

So the printers and utterers of such books be all within the meaning of the statute, 5 El. c. 11. Dal. ibid.

Refusing the oath of Supremacy, the first [Page 329] offence is Praemunire, the second offence Treason, 5 El. c. 11. Dal. 205. Lam. 410:

To obtain from Rome, or by any autho­rity from thence, any Bull or writing to ab­solve and reconcile such as will forsake their obedience to the King, and yield it to the Pope, or give or take absolution by colour of such Bull, or publish or put in ure such Bull, 13 El. c. 2. Dal. 231. Lam. 226.

To absolve, perswade, or withdraw any sub­ject from their obedience to the King, or to reconcile them to the Pope, or to draw them to the Romish religion for that intent, or move them to promise obedience to any o­ther state, or procure, counsel, or aid them that do it, is treason, 23 El. c. 1. 3 Jac. c. 4. Lam. 220, 226, 412. Dal. 232.

To be willingly absolved, perswaded, with­drawn, or reconciled to promise such obedi­ence, or to procure, counsel, aid and maintain the same, is treason, except within six daies after their return into the Realm they sub­mit according to the statute, 3 Jac. cap. 4. Dalt. ibid.

For Jesuit, Priest, or other Ecclesiastical person, (made by the authority from the Pope) to come into, or remain in any of the [...]ings dominions, contrary to the statute 27 El. c. 2. is Treason.

To compass the death of an usurper of the Crown, is Treason, for which the offender may be arraigned in another Kings time, Br. Treason 10. Dal. 227.

To intend to deprive, depose, or dis▪inherit the King, or say he will be King after the King dieth, Dal. 227.

To set at large unlawfully any committed for Treason, is Treason by the Common law, Dal. 229.

One imprisoned for felony breaketh pri­son, whereby a traitor escapeth; it is Treason in him by the Common law, Dal. 229. Cro. 35. a. nu. 5.

Voluntarily to suffer one to escape that is committed, or only under arrest for Treason, is Treason by the Common law, Stam. 32. Dal. 229.

Forfeiture in case of Treason is of lands and goods to the King, and at this day by 26 H. 8. cap. 13. 5 Ed. 6. c. 11. his lands entailed, and his wife her dower, saving in certain cases, Dal. 234.

Judgement and condemnation of a woman in case of Treason, is to be drawn on a hur­die to execution, and burned, Stam. 182. Dal. 234.

Treasurer.

‘Treasurer for relief of Goals is to be cho­sen at Easter Qu. Sessions by the more part of the Justices of Peace, to be of 5 l. in lands or 10. l. in goods in the last subsidy, to con­tinue but for one year, and then to give up his account at Easter Sessions to his successor, 43 El. c. 2.’

‘The elected refusing the office, or to give relief or accompt, is to be fined by the Ju­stices in Sessions, or by the Justices of the As­sizes by discretion, but not und [...]r 3 l. 43 El. c. 2.’

‘Treasurer for Goals is to pay over to the Lord chief Justice and to the Knight Mar­shall [Page 331] quarterly such summes as the Justices of Peace do appoint, 43 El. c. 2.’

‘Treasurer for maimed souldiers is to be elected by the more part of the Justices at Easter-Sessions, and (not being a Justice of Peace) to be 10 l. in lands or 15 l. in goods in the last Subsidy, to continue but one year, and for refusing the office, or misdemea­nors, &c. to be fined by the more part of the Justices, but not under 5 l. 43 El. c. 3. and to give up his accompt to his successor with­in ten daies after the Sessions.’

‘The Churchwardens are ten daies before every Qu. Sessions to pay over to the High-Constables the taxation for Goals, 43 El. c. 2. And the Churchwardens and petty Con­stable at the same time to pay to the High-Constable the tax for maimed souldiers, 43 El. c. 3. And the High Constables are to pay the same to the Treasurers at the next Q. Sessions, 43 El. c. 2 & 3.’

‘If default of paiment be made by the High-Constable, he doth incur the penalties, viz. of 20 s. a time for the Goal-money, 43 El. c. 2. and of 40 s. for souldier, mony, c. 3. And if default be in the Churchwardens, for Goal-money 10 s. a time; if for soul­diers mony, the Churchwardens and petty-Constables lose 20 s. a time, 43 El. c. 2 & 3. The said forfeitures to be levied by the Treasurer by distress and sale of the offen­ders goods, and taken in augmentation of the stock.’

Trespass, vide Hedge-breakers.

.

Trial.

As well noble men as Gentlemen in cases of Felony or Treason, or misprision of Trea­son, are to be tried by their equals, Lam. 539.

In Riots, Routs, unlawful assemblies and forcible entries, Nobility shall be tried by common Jurors, Lam. 539.

All forein Pleas triable by Jury, and plea­ded by any indicted of Treason, Murder, or Felony, shall be tried in the County where the party is arraigned, and by Jurors of that County, 22 H. 1. c. 14. 32 H. 8. c. 3. Lam. 552.

Aliens indicted of Felony or of Murder, must be tried per medietatem linguae, Lam. 554.

Peer of the Realm indicted of Treasons upon the statute of 3 Jac. c. 4. is to be tried by his Peers, 3 Jac. c. 4.

All Treasons, misprision of Treasons, and concealement of Treason done or committed out of the Realm, shall be enquired and tried within the Realm, 35. H. 8. c. 2. Dal. 235. Co. Inst. 261. b.

‘He who is no Lord of the Parliament, being arraigned for Treason or Felony, shall be tried by Knights and others, and not by Lords of the Parliament. So shall Bishops by reason that they are Lords of the Parlia­ment by their office, and not in respect of their Nobility, Cro. 110. b. nu. 6. Stamf. 153. a.’

Turn of the Sheriff.

Indictment at the Sheriffs Turn to be cer­tified to the Justices at the Quarter Sessions. Vide Certificate.

Sheriffs Turn to be holden within a month after Easter, or within the month after Mi­chaelmas, Lam. 504.

[...]streates of the Justices of Peace of Fines assessed upon presentments in the Turn being inrolled and indented, are to be levied by the Sheriff to the use of him that was Sheriff at the time of presentment, 1 Ed. 3. c. 7. Lam. 585.

VAgabons, vide Rogues.

.

Venire facias.

Justices of Peace may award a Venire facias against the inditour, to amend a Bill upon the first oath, Lam. 507. 8 H. 5. c. 8. Stam. 97.

Justice of Peace cannot award a Venire fa­cias tot matronas, to know whether a felon be with child or no, Lam. 551.

Verdict.

‘The Jury in case of felony may give a special verdict, if they will, and the Court, upon examination of the matter, may ad­judge contrary to the Verdict. As, The Jury found that A. killed B. se defendendo, and upon examination of the matter, the Court adjudged it to be manslaughter against the verdict, Cro. 114. a. nu. 1.’

‘Though the Indictment specifie the goods to be above 12 d. yet the Jury may say that the goods were worth but 8 d. upon which verdict it shall be taken as petty-larceny, Cro. 114. a. nu. 2.’

‘A man is arraigned of murder, and by the Jury it is found but man-slaughter, it is good, Cro. 114. a. nu. 3.’

Vessels.

Vessels of ale and beer are to be made of seasoned wood, with the mark of him that sealed it, Lam. 460.

Every barrel for beer and every barrel for ale, and so every lesser vessel, by 32 H. 8. cap. 4. ought to contain under pain of 3 shill. 4 pence for each default,

  • Beer
    • Barrel 36. Gallons.
    • Kilderkin 18. Gallons.
    • Ferkin 9. Gallons.
  • Ale
    • Barrel 32 Gallons.
    • Kilderkin 16 Gallons.
    • Ferkin 8 Gallons.

But now by the statute 1 Iac. c. 9. ale and beer shall be sold by retail by one and the same measure, namely by the ale-quart, Cro. 94 b. Dal. 152.

Vide Assise of Bread and Beer.

WineTun252.Gallons. Dal. 162.
Pipe126.
OilHogshead63.
Barrel32 and half
HonyRundlet16 and half

But Crompton 94. b. saith, Popham chief Ju­stice saith that the measure of wine and ale should be all one, and that so it was agreed by the Justices according to the standard of the Exchequer. But note, saith Crompton there, that the ale-quart is greater, for that the froth of the ale amounts a little, and wine doth not froth, and therefore there should be a nick in the top of the wooden [...]an, where the measure should be, to which nick the ale should come; Cro. 94. b. And so Master [Page 335] Wallis Clark of the Qu. market told him, Ja­nuary, 25. 1588.

Herring the barrel, half barrel, firkin, shall be of the same content, that ale is, namely the barrel 42 Gallons, &c. 13 El. c. 11. 11 H. 7. c. 23. Dal. 153.

Sope and Butter shall be of the same con­tent with ale, and the empty barrel not to be in weight above 26 pound, & for the other vessels in proportio [...], 23 H. 8. c. 4. Dal. 151. Lam. 461. The penalty is 3 shill. 4 pence for each one.

Victuals and Victualler.

If Butcher, Fishmonger, Inholder, Tipler, Brewer, Baker, Poulterer, and other seller of victual do sell at unreasonable rates, and not for moderate gain, they lose double value, Lam. 454. 23. E. 3. c. 6. & 13. R. 2. c. 8.

Brewer selling drink at higher prices then have been appointed by the Justice of Peace, loseth after the rate of 6 shill. a barrel, 23 H. 8 c. 4. Lam. 455.

Conspiracy or oath taken, or promise made by Butchers, Bakers, Brewers, Poulterers, [...]ooks, Fruiterers, or any mystery; or any of them, not to sell but at prices agreed between them, the first offence 10 pound, or 20 daies imprisonment; the second, 20 pound, or Pil­lory; the third, 40 pound, or lose an ear, 2 Ed. 6. c. 15. Lam. 455.

To sell swines flesh mezelled, or flesh that died of the murrain, or other corrupt victual, Stat. de pistoribus, cap. 7. 51 H. 3 Lam. 455. is fineable.

Any, except victualer [...] in their houses, [Page 336] buying to sell again by retail butter or [...]heese, unless it be in open Fair or Market, loseth double value, 3 Ed. 6. cap. 21. 14. El. cap. 11. 27 Eliz. cap. 11. Lam. 456. 1 Jac. cap. 25.

Process upon the statute of 23 H. 6. c. [...]3. against victuallers is attachment, Capias, and Exigent.

Brewer, or other selling of ale or beer unto any unlicensed Ale-house-keeper, other then for necessary provision for his own house-hould, loseth after the rate of 6 s. 8 d. a barrel, one moiety to the poor, the other to the informer, to be heard and determined at the Quarter Sessions, 4 Jac. c. 4. Lam. 460.

The officer levying the penalty of 4 Jac. cap. 4. and not delivering the moiety to the Churchwarden or Overseers of the poor, or not distributing it within convenient time after receipt, forfeiteth the double to be re­covered as the penalty, 4 Jac. c. 4.

Victualler is within the statute, 1 Jac. c. 9. 4 Jac. c. 5. 1 Car. c. 4.

Vide Transportation, Ale-houses, Tipling.

Under-Sheriff.

Custos Rotulorum, or two Justices of Peace, one to be Quorum, may give unto under-sheriffs before they exercise their office, the oaths of 1 Eliz. of Supremacy, and 27 Eliz. c. 12. touching their office; so of their Depu­ties and Clarks, or any other medling with returning of writs or execution of process in­to any Court of record. So Bailiffs, any of them executing their off [...]ce before such oaths [Page 337] taken, lose 40 pound, 27 El. c. 12. Lam. 356, 432, 433.

Undersheriff or his Clark or deputy doing any thing against their oath, lose treble da­mages to the party, Lam. 433.

Unlawful games.

Every Justice of Peace may enter into any common place where any playing at dice, ta­bles, cards, bowls, coits, cails, tennis, casting the stone, footbal, or other unlawful game now invented, and hereafter to be invented, shall be suspected to be used, and may arrest the keeper of every such place, and may im­prison them until they finde sureties by re­cognizance no longer to use such house, game, play, alley or place, 33 H. 8. c. 9. Lam. 191. Dal. 64. Cro. 79. a. 131. a. 196. a. 197. b. Lam. 349, 479.

Justice of Peace may arrest and imprison such players till they be bound no more to play at such game, Lam. 192. Cro. 172. a. b. Lam. 349, 479. Dal. 63.

Artificer of any occupation, or any hus­bandman, apprentice, labourer, servant at husbandry, journeyman, servant of artificer, mariner, fisherman, waterman or serving man, other then of a Nobleman, or of him that may dispend 100 l. by the year, playing with­in the precinct of his masters house, shall not play out of Christmas at any unlawful game, or in Christmas out of the house or presence of his master, 33 H. 8. c. 9. Lam. 479. 20 shill. every time. Quaere if other games be­sides those prohibited 33 H. 8. c. 9. be unlaw­ful, as the morrice & other open dances, bear-baitings, common-plaies & fencings, which [Page 338] seem to be prohibited by 39 El. cap. 4. Dal. 63▪ 1 Car. c. 1.

All offences against the statute of unlawful games may be heard and determined at the Qu. Sessions, Assises or Leet within which they shall happen, Lam. 614. Vide plus Sunday.

Unlawful Assemblies.

An unlawful assembly is of the company of three or more persons disorderly coming to­gether, forcibly to commit an unlawful act, as to beat a man, or enter upon his possession, or the like, Lam. 175. Dal. 221. P. R. 25. Cor. 61. a. nu. 3.

First, an unlawful assembly it is, onely to meet to such a purpose, though they willing­ly depart without doing any thing. Secondly after meeting to move forward toward the executing of such act, whether it be done or no, is a Rout. Thirdly, to execute such a thing, is a Riot, Dal. ibid. Lam. 175, 176. Cro. 61. a. nu. 3.

In an unlawfull assembly, Rout or Riot, two things are common, and must concur: first, that three persons at least be gathered together; secondly, that their being together breed some apparent disturbance of the peace, either by speech, shew of armour, tur­bulent gesture, or actual and express violence to affright peaceable men, or imbolden light and busie bodies by their examples, Lam. 176, 177.

There be three degrees of feditious & rio­tous assemblies: the first from three to twelve; the second of twelve or more; the third of for­ty and upward, Lam. 183. 1. El. c. 17. Justice [Page 339] of Peace may at his discretion assemble sub­ [...]ects to take such, and may take them, and shall be unpunished for hurting, maiming, or killing them if they make resistance, La. 184.

Justice of Peace is to take the declaration of any person that (being moved to such an assembly) will within 24 hours after reveal the same, Lam. ibid.

Vide Forcible entry, Riots.

Usury.

Corruptly to contract for more then 8 pound in the hundred, for forbearance for one year, loseth treble value of the monies, wares, merchandise and other things so lent, bargained, sold, exchanged or shifted, 21 Iac. cap. 17.

Scriveners taking above five shllings for procuring 100 pound, and for a bond above 12 pence, forfeit 20 pound, ib.

Utlawry.

Offenders against the Peace for conspira­cies and of Routs in presence of the Justice or in affray of the people, being indicted there­of, if they be not brought in by attachment or distress (for insufficiency) are to be outlawed, 8 Ed. 3. c. 5. Lam. 522.

After Utlawry the Justices of P. can award no process, but must certifie the Utlawry into the Kings Bench, Lam. 521, 522.

One outlawed of felony before Justices of Peace doth appear, and saith he was in the Kings service beyond sea under such a Cap­tain, or in prison in such a County; the Justi­ces cannot write to the Captain or County, Lam. 552.

Wages.

RAtes of wages of servants and labourers are to be made by the Justices of Peace at Faster Qu. Sessions, and by them to be ingros­sed in parchment under their hands and seals, and after it shall be lawful for the Sheriff of the said County to cause proclamation to be made of the several rates so rated in so many places of their several authorities as to them shall seem convenient, and as if the same had been set down printed by the Lord Chancell­our or Keeper, after declaration thereof to the Kings Majesty, and certificate thereof in­to the Chancery, 39 El. c. 12. 1 Jac. c. 6.

Any giving wages contrary to the rates appointed and proclaimed, loseth 5 pound, 5 El. c. 4. 1. Jac. c. 6. Lam. 474.

Every Justice of Peace (not having lawful excuse testified by oath of one that is in subsi­dy 5 pound, &c.) that shall not assemble at Easter Sessions, or within 6 weeks after, to rate the wages of servants, &c. shall lose 10 pound, 5 Eliz. cap. 4. Lam. 632.

Any having authority by 5 Eliz. c. 4. to rate wages, may rate the wages of labourers, wea­vers, spinsters, and of any working by day, week, moneth or year, or by great, 1 Iac. cap. 6.

No penalty for not certifying the rates of wages into the Chancery, according to the statute of 5 El. c. 4. if they be duly proclaimed, 1 Iac. c. 6.

Rates of wages ingrossed in parchment are to be kept by the Custos Rotulorum; if in a [Page 341] Corporation, amongst the records thereof, [...] Iac. c. 6.

Any two Justices of Peace may imprison without bail the master for ten daies, for giv­ [...]ng, and the servant, workman or labourer for 21 daies, for taking greater wages then are [...]ssessed by the Justices of Peace and procla­mation thereof made in that county, 5 El. c. [...]4. Dal. 80. Every retainer, promise or pai­ment of wages, or other thing whatsoever, contrary to the true meaning of 5 El. c. 4. and every writing and bond for that purpose is utterly void, Dal. 80.

Justice of Peace may have his action of debt against the Sheriff for his wages at the Sessions, Cro. 177. a. nu. 23.

Justices of Peace shall be paid their wages out of the fines and amerciaments of the same [...]essions, and they ought to assess the fines in the Court, and then the Clark shall indent the estreats betwixt the Justices and the She­riff, and the Justices shall put their names thereto, to the end the Sheriff may know to whom to pay wages, and levy the same to pay to the Justices, whereupon the Sheriff shall be allowed the same upon his accompt in the Exchequer, 14 R. 2. c. 11. Lam. 628. Cro. 177. a. nu. 30.

Wainlings.

Any killing any Wainling Calves under two years old to fell, lose 6. shill. 8 pence for every offence determinable at the Quarter Sessions, 24 H. 8. cap. 9. 1 Iac. cap. 25. Lam b. 453, 607.

Lying in wait to maim or kill any other, to be fined, Lam. 446.

Warrants.

The Justice of Peace his command by wo [...] of mouth is in some cases as strong as his pr [...] cept in writing, Dal. 336.

As,

A Justice of Peace seeing a Riot may co [...] mand the Rioters to be arrested, and ca [...] them to finde sureties for their good behav [...] our, Dal. 336.

So upon affray, assault, threatning or a [...] other breach of the Peace done in his pr [...] sence, he may command the officer being pr [...] sent to arrest such offenders to finde sure for the peace, Dal. 336.

But for causes out of his presence one m [...] not arrest another upon the Justices comman [...] but by precept in writing, Dal. ibid. Br. Pe [...] 7.

A warrant in writing must be under t [...] Justices hand and seal, or under his hand [...] least, Dal. 336. Lam. 85, 88. But it is better under seal, Dal. 337.

A warrant for the peace or good behav [...] our must contain the special matter, Dal. 33 [...] La. 87. but it is better under his seal, Dalt. 33 [...]

A warrant for treason, murder or felony, [...] other capital offence and such like, need n [...] contain the special cause, Cro. 148. a. Dal. 33 [...]

A warrant is better if it contain and be [...] the date at the place where it is made, the ye [...] and day when it was made, Cro. 174. a. Dal. [...] am. 88.

Justice of Peace being out of the County [Page 343] granteth his warrant to be served in the [...]nty; the officer must carry the party be­ [...]e some Justice of Peace within the County, [...] ibid. Lam. 91.

The County written in the margent of [...]e warrant, albeit it be not expressed in the [...]arrant, and in Com. praedicto, shall have re­ [...]tion to the County set in the margent, [...]. 102. b. nu. 29.

Justice of Peace may make his warrant to [...]e before himselfe: yet upon a warrant for [...] Peace the usual manner is otherwise, Co. 5. [...]. Dal. 170, & 338.

[...]n some cases a Justice of Peace may grant warrant to attach the offender to be at the [...] Sessions of the Peace, to answer his said [...]ence, Dal. 338.

Justice of Peace may grant his warrant a­ [...]ainst one that hath broken the peace, or [...]mmitted, misdemeanors against the peace, [...] finde sureties for the peace, or good be­ [...]aviour, Dal. 34, 162, 165, 338.

Justices of Peace in divers cases (as the case [...]ll require) may grant their warrant for the [...]ies neglect, or other default: and such [...]trant may be either to attach him to be at [...] next Sessions, there to answer, &c. or to [...]g the offender before the said Justices, or [...]y other Justice, &c. who finding cause to [...]d him, may bind him to the next Sessions answer the said default. Vide Dal. 338, & [...]0.

Where the statute giveth authority to Justi­ [...] of Peace to cause another to do a thing, [...]ey have power of congruity to grant their [...]ant to bring such persons before them, [Page 344] that so they may take order therein, Qu [...] Dal. 338.

A Justice of Peace maketh a warrant [...] yond his authority, it is not disputable Constable or other inferiour officer, but [...] be obeyed, Lam. 65. Dal. 8, 242, 342.

But if the Justice make a warrant to do [...] thing out of his jurisdiction, or in a ca [...] wherein he is not a Judge; if the officer e [...] cute the warrant, he is punishable, Dal. 3 [...] Cro. 147. b. Dal. 8. Lam. 91, 92.

Warrant for the Peace may be directed any indifferent person by name, though h [...] not officer: yet it is better to a known offic [...] Dal. 340. Cro. 147. a. Lam. 88.

A sworn and known Officer need not shew his warrant; but the servant of the stice must shew it if it be required, Dal. [...] Lam. 89. Cro. 148. a.

A warrant directed to the Constable [...] to a stranger joyntly and severally, and e [...] cuted solely by the stranger, is good, Cro. [...] b. Dal. 340.

Warrant directed to two joyntly to ar [...] another, may be executed by one of the Dal. 340. Lam. 89.

‘A Just. of P. may make his warrant to Sheriff to attach one to bring him to Sessions to finde surety of the Peace, 136. a.’

A warrant being directed by a Justice [...] Peace to the Sheriff, he may by word co [...] mand any sworn or known officer un [...] him without precept in writing, Dal. 3 [...] Lam. 89.

If a Justice of Peace his warrant be dire▪ [...]rected [Page 345] to the Sheriffs, Bailiff, Constable, Ju­ [...]es servant, or other to arrest one, such [...]rson must serve it himself, Lam. 89. Dal. [...]0.

He to whom any warrant shall be direct­ [...]d must do it with all security and speed [...]l. ibid.

A known officer must, if he will not shew [...] warrant upon arrest, declare the contents [...]his warrant, Co. 6. 54. & 9. 68. Dal. 341.

Upon arrest in the Kings name, the party [...]rested ought to obey, Dal. ibid. for if he have [...]t lawful warrant, the party grieved may [...]e his action of false imprisonment, Dal. [...]. Co. 9. 68.

An officer arresting a man doth afterwards [...]ocure a warrant; this is a wrongful arrest, [...] 341. Lam. 90, 91.

The officer having a warrant for the peace good abearing, may break open the doors, [...]al. 341. Cro. 170. b.

One is arrested, who upon promise to come [...]gain is let go, and cometh not again; the [...]cer cannot arrest him by force of his for­ [...]er warrant, except he prosecutes him with [...]esh suit, Dal. ibid. Br. Faux impris. 18.

An officer having a lawful warrant to ar­ [...]est another, is resisted or assaulted by the par­ [...] or any other person; the Officer may ju­ [...]ifie the beating or hurting such person, Dal. [...]. Lam. 92.

If any abuse the warrant, as by casting it in [...]e dirt, or treading it under his feet, he shall [...]e indicted and fined; for it is the K [...]ngs pro­ [...]ess, Dal. 342. Cro. 149. Quaere, whether he [...]all not be bound to his good behaviour, [...]al. ibid.

Before that a Justice of Peace grant his w [...] rant to arrest one for murder, robbery, or lony, it is meet to examine the party that [...] quireth the warrant upon oath, and to b [...] him to give evidence at the next Gaol-d [...] very, Dal. 342.

‘Just. of P. is not to grant his warrant gainst an offender of a penal statute to a pear at the Sessions, unless it be appointed statute, but he ought first to be indict [...] Lam. 187. Dal. 339. Cro. 197. a. nu. 21.’

‘Justice of Peace cannot make a warr [...] to arrest a felon except he be indicted, [...] 147. b. But Dalton argueth that a Justice Peace may make such a warrant, Vide D [...] 339.’

‘One wrote to a Justice of Peace to se [...] him a warrant with a blank, to ins [...] therein one whom he would attach s [...] suspition of felony. The Justice did [...] And for that he sent his Warrant wit [...] blank, to put in a name which he kn [...] not; nor the matter, before the maki [...] of the Warrant, he was fined in the Sta [...] chamber, Cro. Jurisdiction 34. a.’

‘All Warrants made in the Kings nam [...] ought to be directed to all Ministers as w [...] within liberties as without, Dal. 355.’

‘Warrants may be made either 1. in t [...] name of the King; or 2. in the name of t [...] Justice; and either of them must be testifi [...] by the Justice from whom they issue; or [...] without style by the subscription of the J [...] stice, Dal. 335.’

To what Offices Warrants are to be directed by particular Statutes.

‘To the Churchwardens, for negligent comers to Church, to levy 12 d. 3 Jac. c. 4.’

‘To the Constable or Churchwardens a­gainst an Alehouse-keeper, to levy 10 s. for suffering tipling, 1 Iac. c. 9.’

‘To levy 20 shill. for breaking the Assise, 1 Iac. c. 9.’

‘For selling Ale without licence, 20 shill. 3 Car. cap. 4.’

‘For tipling in an Alehouse, 3 shill. 4. four pence, 1 Iac. c. 9.’

‘For abuses on the Lords day, 1 Car. c. 1.’

‘For Carriers on the Lords day, 20 shill. 3 Car. c. 1.’

‘Shewing boots to sell on Sunday, 3 shill. 4 pence, 1 Iac. c. 22.’

‘To the Constables, Churchwardens, or Overseers of the poor for swearing, 12 d. 21 Iac. cap. 20.’

‘To the Constable or other inferiour officer for drunkenness, 5 shill. 4 Iac. cap. 5. 21 Iac. c. 7.’

Warreners, vide Foresters.

.

Watches.

Any Justice of Peace may cause night-wat­ches to be kept for the arresting of night-walkers and persons suspect, be they strangers or others of evil fame, Dal. 144. 13 E. 1. Stat. Winton. c. 4.

Watch is to be kept yearly from Ascension day till Michaelmas in every town, from sun-setting [Page 348] to sun-rising, Dal. 144. Lam. 4 [...]

All strangers or persons suspected passi [...] by the watching men, may be examined them; and if there be cause of suspition, th [...] may stay them, and if they will not obey, m [...] levy hue and cry, and may justifie to be them, and may stock them till morning, a [...] if they finde no cause of suspition, deliv [...] them; but if they finde cause, may deliv [...] them to the Constable, to carry them befo [...] a Justice of Peace, Dal. 144, 300.

Any Justice of Peace may cause all nigh [...] walkers, strangers or other suspected, espe [...] ally such as sleep in the day and walk in t [...] night, to be arrested, and such as in the nig [...] haunt any house suspected of bawdery, or [...] suspicious company, or commit other outr [...] ges or misdemeanours, and cause them to fi [...] sureties for their good behaviour, Dal. 8. Lam. 118, 119.

No man is compelled to watch unless he an inhabitant in the town, Dal. 145.

‘Inhabitants are not compellable to watc [...] at the will of the Constable, but when h [...] turn cometh, Dal. ibid.

Water-men.

Every Justice of Peace within the shi [...] next adjoining to the river of Thames with in his jurisdiction, hath power upon complaint by the overseers or rulers of the Water men and Wherry-men, or two of them or by the masters of any such servants, bot [...] to examine, hear and determine all offence against the statute, and set at large him tha [...] shall be imprisoned by the overseers and rulers, [Page 349] if there be just cause, and also by his discretion to punish those overseers and ru­lers, that shall unjustly punish any person 2 [...] 3 P. & M. cap. 16. Lam. 203. Dal. 145.

The offences against the statute are,

1. No single man shall be a Waterman, 1 Iac. c. 16.

2. One of the two rowing in one Boat must be allowed by eight of the overseers by wri­ting under seal.

3. They shall not hide themselves in time of pressing for the Kings service.

4. They shall not take for their fare above [...]he price assessed, and set up in Tables in West­minister. Hall. Dal. saith, quaere whether the [...]ustices of Peace be to meddle with this.

Wax.

One Justice of Peace may examine and [...]earch by his discretion such as do sell any [...]andles, or work of wax above four pence in he pound clear gain over the price of the [...]ax, and punish them by forfeiture of that [...]hich is to be sold, and the value of that [...]hich is sold, and fine to the King, Dal. 145. [...]am. 196, 469. 11. H. 6. c. 12.

Weapons which be forcible. vide Forcible Entry.

.

Weers.

Weers in rivers may be surveyed by one [...]stice of Peace, which he may cause to be [...]ade of a reasonable wideness, Lam. 189.

Any making Weers within five miles of [Page 350] the mouth of any haven or creek, or by weers destroying any fry of fish of the se [...], loseth 10 pound, one moiety to the King, the other to the informer, 3 Iac. cap. 12. Dal. 56. ex­plaineth the particulars of that stat. of 3 Iac. c. 12.

Weights and Measures.

Faults of the officers of Cities and Boroughs in not viewing and examining weights and measures twice a year, to be heard and deter­mined by examination and enquiry of two Justices of Peace, one being of the Quorum, and by them to be fined and amerced; and so of faults of buyers and sellers by other weights and measures then they ought to doe, 11 H. 7. c. 4. 12 H. 7. c. 5. Lam. 356. Dal. 146.

Two Justices of the Peace (one of the Quo­rum) may break and burn such measure [...] as they finde defective, and fine the offender [...] by their discretion, and make process against them as in trespass, 12 H. 7. c. 5. Lam. 356. Dal. 146. 11 H. 7. c. 4.

Mayors of Towns taking above a penny for sealing a bushel or other measure, or fo [...] weights above a penny for an hundred, an [...] half-peny for half an hundred, a farthing for a less weight, lose 40 s. 11 H. 7. c. 4. Lam. 437▪ Dal. 155. 7 H. 7. c. 3.

Buying and selling by unlawful weights or measures, or in any City or market, with any Weights or measures that are not lawfully marked or signed, he loseth for the firs [...] offence, 6 shillings 8 pence, for the second of­fence 13 shillings 4 pence, and for the third [Page 351] 20 shillings and Pillory, 11 H. 7. cap. 4. Lam. 460.

To buy corn by heaped measure, except on shipboard, or to use double measure, the one to buy, the other to sell with, the first offence is 6 shillings 8 pence, the second 13 shillings 4 pence, the third 20 shillings and Pillory, 11 H. 7. c. 4. Lam. 460. 15 R. 2. c. 4. Stat. de Pi­storibus c. 8.

Those of the Town where the Kings Stan­dard is appointed to remain, not having com­mon weights and measures signed, or not sel­ling by the same to all that have required the same, are to be fined and amerced, 11 H. 7. c. 4. Lam. 460. Dal. 155. Vide plus Vessels.

Witchcraft.

Invocation, Conjuration, consultation, co­venant, entertainment, imploiment, feeding or rewarding any evil spirit, taking up of dead bodies, or any part thereof, to be em­ployed in Witchcraft or Charms, or using any manner of Witchcraft, whereby any person shall be killed, or any part of them wasted or lamed, and also the accessaries, is felony with­out Clergy, 1 Iac. c. 12. Lam. 415. Dal. 280.

By Witchcraft or Charms to finde out hid­den treasures, to tell where lost goods shall be found, to provoke unlawful love, to destroy or hurt any mans body, or to attempt any of them, the first offence is one years imprison­ment without bail, and to stand in the Pillo­ry six hours every quarter of the same year, and confess his offence; the second is felony without Clergy, 1 Iac. c. 12. Lam. 415.

Trial of Noblemen upon the Statute of [Page 352] 2 Iac. c. 12. of Witchcraft, is to be by his Peers, Lam. 415.

Attainder upon the statute 1 Iac. cap. 12. o [...] Witchcraft, neither loss of Dower, nor corru­ption of Blood, 1 Iac. c. 12. Lam. ibid.

Wines.

Wines brought in strange bottomes from France into any part of England, except the Ile of Man, and Wales, forfeit the Wines, 27 El. c. 12. Lam. 457.

Any licenced to retail wine, selling above the prices limited by Proclamation, lose 3 s▪ 4 d. for every Gallon, 27 El. c. 11. Lam. 458. El. cap. 5.

Any under a Barons son, or under 100 marks a year, or 1000 marks in goods, keep­ing to spend in his house any vessels of Gascoign wine, French or Rochel wine, above te [...] gallons, loseth 10 pounds, 7 E. 6. cap. 5. Lam▪ 458.

Woad brought from France into any part o [...] England, except the Ile of Man and Wales in strange bottome, forfeiteth the Woad, 27 El▪ c. 11. Lam. 457, 458.

Wood.

Upon complaint of the Lord, and disagreement of the Lord and his Commoners, th [...] fourth part of the Lords wood may be se­forth by two Justices, appointed by the great­est part of the Justices at their Sessions, an [...] not being of kindred or alliance, or fe [...] to the Lord, 35 H. 8. c. 17. 13 El. c. 25. Lam▪ 359.

Just. in Q. Sessions may call before them the owner of t [...] [...]od, and 12 of the Commo­ners to set out the fourth part, Lam. 609.

Ingrosser or regrater of Bark, forfeiteth the Bark, 1 Iac. 22. Lam. 452.

Any selling of Oaks meet to be barked, be­fore April, or after Iune, except for necessary building, as repairing of houses, ships, mils, lose the Oak, or double value, 1 Iac. c. 22.

Purveyours taking Timber for the repair of the Kings ships or houses, the owner may re­tain all the Barks lop and top, and the Purvey­our taking them, loseth for every tree 40 shil­lings to the party grieved, 1 Iac. 22. Lam. 438.

Wooll and Wooll-seller.

Buyer of Wooll of any other then the ow­ner of the sheep or tithe, lose the value, 14 R. 2. c. 4. Lam. 452.

Woollen-yarn.

Buyer of Woollen-yarn, and not making it into cloth, loseth the value thereof 8 H. 6. 5. Lam. 452.

Any sorter, carder, kember, spinster or weaver, receiving wooll and yarn of any clo­their or maker of stuff, and embezelling, sel­ling, or detaining the same, and the Receiver or buyer knowing thereof, upon conviction, by confession or oath of one witness before two Justices of Peace, is to make such re­compence to the party, as the Just. shall ap­point: and the offender being unable, and re­fusing to do it, is to be whipt or stocked, 7 Iac. 7. cap. 7.

Women arraigned for felony may only for one time have the benefit of [...] [...]elly, Lam. 563.

Just. of Peace cannot award a Venire facias tot matronas, to know whether a Woman felon be with child, Lam. 551.

Taking away a woman against her will, that hath land, &c. or is heir apparent, not claiming her as ward, and after marry or de­flour her, is felony without Clergy. So of the procurers, abetters, and receivers knowing thereof, 3 H. 7. c. 2. Lam. 421.

A woman being delivered of a Bastard­child, and born alive, that endevoureth pri­vately by drowning, secret burning, or other way by her self, or procuring of others to conceal the death thereof, as that it may not come to light whether it were born alive or dead, shall suffer as in murder, except she can prove by one witness that the child was born dead, 21 Iac. 27.

Women convicted of felonious taking a­bove 12 d. and under 10 s. being not burg­lary or Robbery in or near any high way, nor taking of money, goods, or chattels from the person of any, privily or as accessary to any such offence, wherein a man may have his Clergy, shall for the first offence be burned in the hand and further imprisoned, whipped and stocked, or sent to the house of Correct­ion (not above a year) as the Justices before whom the conviction is, shall think meet, 21 Iac. 6. Dal. 272, 273,

Wife and her husband are bound to appear at the Sessions, and in the mean time to keep the peace. The husband only appearing, the [Page 355] Recognizance is not forfeited, Dal. 179. Quae­u tamen. Cro. 144. b.

A Compendious Charge to be gi­ven at the Quarter-Sessions.

FOR as much as the Govenment of this Kingdome consists of two parts, viz. first in Laws Ecclesiastical for the peace of the Church, and Laws Civil or Temporal for the peace of the Land, it is not unfit to lay a foun­dation by taking notice of that excellent Law made anno 3 Ed. 1. which is, First of all the King willeth & commandeth that the peace of the holy Church, & of the Land, be kept and maintained in all points; and that common right and justice be done to all as well poor as rich, without respect of persons: And there is another excellent expression in an Act of Par­liament made 32 H. 8. c. 9. viz. There is nothing which in this Realm that conserves the Sub­jects in more quietness, rest, peace and good concord, then due administration of Laws; and those Laws which are here proper for your inquiry, and our administration [...]t this time, are first such as made against offences touch­ [...]ng Religion.

The Articles of the Charge.

Popes Supremacy.

The affirming or defending by any advised act the Popes Ecclesiastical Jurisdiction in a­ny of the Kings Dominions, the first offen [...]e is Praemunire, the second offence is Treason, 5 Eliz. 1. & 1 Eliz. 1. the third offence high Treason, ibid.

Refuse Oath of Supremacy.

The refusing to take the Oath of Supremacy upon any lawful request, the first offence is Praemunire, and the second is Treason, 1 El. 1. 5 Eliz. 1.

Oath of Allegiance.

The refusing the Oath of Allegiance by any person above 18 years of age it is Praemunire, stat. 7 Jac. 6.

Seducing any from their obedience.

The practising to withdraw any of his Ma­jesties Subjects from their obedience, and for that intent from their Religion to the Ro­mish, is Treason, 23 Eliz. 1.

Conceal [...]ng such offenders.

The aiding or concealing such offenders for 40 daies, and not disclosing it to some Just. of Peace, is misprision of Treason, stat. 23 Eliz. 1.

Saying or hearing Mass.

If any shall say or hear Mass, for the first offence forfeits 100 Marks, and for the second offence 200 Marks and one years imprison­ment.

Agnus Dei, Popes Bull, &c.

The bringing into the Kingdome, or using any Bull, Agnus Dei, gotten from the Bishop of Rome, or other superstitious thing, or offer [Page 386] the same to any person to be used; or the ab­solving or counselling his Majesties Subjects to the use of them, or concealing or counte­nancing any such offender, first offence is Praemunire, second offence is Treason, 13 Eliz. 2. 23 Eliz.

Jesuite, Priest.

The harbouring or aiding any Jesuite, Priest, or Deacon, ordained by authority from the See of Rome, knowing him to be such, felony without Clergy, 27 Eliz. 16.

Witchcraft.

Witchcraft, or Conjuration, or invocation of evil Spirits is felony, 1 Jac. c. 12.

False Prophesies.

The publishing of phantastical or false Pro­phesies to raise rebellion, dissention, loss of life, or other disturbance in the Kingdome; for the first offence he forfeits 10 li. second offence all his goods, and imprisonment for life, 5 Eliz. 15.

Swearing and cursing.

Prophane swearing and cursing, the offen­der forfeits 12 d. to the use of the poor of the place where the offence committed, 21 Jac. 20.

Perjury.

The committing or procuring wilful perju­ry forfeits 20 l. and disabled for a witness, and to stand on the Pillory, 5 El. c. 9. 14 El. 11.

Profaning Lords daies.

Profaners of Lords daies by any pastimes or sports whatsoever, or by voluntary work, as Shoo-makers, forfeit 3 s. 4 d. Drovers, Butchers, forfeit 6 s. 8 d. 1 Car. 1. 3 Car. 1.

Disturbing a Minister.

Distubring Preachers in Sermons or Divine [Page 387] Service, three months imprisonment and good behaviour, 1 Mar. 3.

Depraving the Sacraments.

Contemners and depravers of the blessed Sacrament of the body and blood of Christ in word or actions, within three months, im­prisonment and fine at discretion, 1 E. 6. 1 Eliz. 1.

Derogating from the Book of Common-Prayer,

Any person or Minister derogating from the Book of Common-prayer, or not using the same, or administring the blessed Sacrament in any other form then is there appointed, the first offence is loss of promotion and one years imprisonment; the second offence deprivation and imprisonment for a year; the third of­fence deprivation and imprisonment for life, 1 Ed. 6. 1. 2 & 3 Ed. 6. 1. 1 Eliz. c. 2. 23 Eliz. cap. 1.

Justices of Oyer and Terminer, and of Assise may hear and determine.

Or maintaining any Minister in the same, or that shall interrupt the publick Service in the Church; the first offence 10 li. and if not paid within six weeks, he shall suffer three months imprisonment; the second time 20 l. and six months imprisonment; the third time forfeit goods, and imprisonment for life, 2 & 3 Ed. 6. 1.

12 d. a Sunday not coming to Church.

The not repairing to Church upon every Sunday and Holiday weekly, there abiding soberly all the time of Divine-Service, if they be of the age of sixteen years, forfeit 12 d. for every Sundays absence, 1 Eliz. 2. 23 Eliz. 1. 3 Jac. 4.

Recusants.

The not repairing to Church for the space of one month together, for feits 20l. a month, or two parts of the offenders lands, 1 Eliz. 2.

School-masters.

The keeping any Scool-master not resor­ting to the Church, or allowed by the Ordi­nary, forfeits 10 l. a month, and that School-master disabled, and one years imprisonment, 23 Eliz. 1. 3. Jac. 4.

Strikeng in Church or Church-yard.

The malicious striking with any weapon or drawing any weapon in Church or Church-yard, the offender to lose one ear and marked with letter stat. 5 Ed. c. 4.

The keeping of Fair or Market in Church or Church-yard, fine at discretion, 13 Ed. 1. 6. Lam. 419.

Petty Treason.

The servant killing his Master or Mistriss, the wife her husband, the Clark his Ordina­ry, is Petty-treason, 1 E. 6. c. 12.

Murder.

The taking away any mans life upon ma­lice fore thought or poisoning any, is murder, 1. E. 6. c. 12.

Stabbing.

The stabbing any that hath not his weapon drawn, or hath not first strucken the party stabbing so as he die within six months, no Clergy to be allowed for this offence, though but Man-slaughter, stat. 1 Jac. cap. 8.

Se defendendo, per infortunium.

Killing any man in his own defence, or by Chance-medley, the party forfeits all his goods, and to be imprisoned untill he sue out his pardon of cou [...]se.

Cutting out of tongues.

The cutting out of the tongue, or putting out of eyes of any the Kings Subjects malici­ously, is felony by stat. 5 H. 4. c. 5.

Buggery.

Committing the detestable sin of buggery with man or beast, is felony without Clergy, stat. 25 H. 8. 6. 5 Eliz. 17.

Rape.

The forcing or ravishing any woman a­bove 10 years of age, or carnally knowing any under, is felony without Clergy, stat. Westm. 2. c. 34. 18 Eliz. 7.

Marrying two wives.

The taking a second husband or wife, the first being alive is felony, unless the one hath been above the space of 7 years beyond Sea, &c. stat. 1 Jac. 11.

Robbery.

The robbing any man upon the high-way, cutting a purse, or taking above 5 [...]. out of any dwelling house in the day time, or breaking any dwelling-house in the night, with a fe­lonious intent, which is burglary, and steal­ing of horses or mares; all these are selonies without Clergy, 8 Eliz. 4. 5 Ed. 6. 9. 23 H. 8. cap. 1. 39. Eliz. 15.

Felony.

Taking any mans goods with an intent to steal them, is felony, if above 12 d. and if un­der 12 d. petty larceny.

Burning houses.

The burning malitiously any dwelling-house or barn, having grain or corn therein is fe­lony without Clergy, 4 & [...] Ph. & Ma. 4.

Servants embezelling Masters goods.

The Servants embezelling their Masters goods is felony, if it be to the value of 40 s. and the party 18 years of age being trusted with it, unless he be an apprentice, 22 H. 8. 7. 5 Eliz. 10.

Hunting in the night.

The unlawful hunting by night in Parks or Warrens, and denying the same upon exa­mination is felony by the Stat. 1 Hen. 7. cap. 7.

Assemblies to alter Laws, and throw down enelosures.

The rebellious assembly of 12 persons or above, being assembled, and intending to go about a practice with force unlawfully to change any Laws of this Realm, or forcibly to cast down any inclosure, to have any com­mon or high-way there, or do any such un­lawful act, and being commanded by the Sheriff or any Justice of Peace by Proclama­tion to depart, and yet have continued toge­ther one hour after; or if any have caused to be raised to the number of 12 persons or a­bove to such intent, and being commanded by Proclamation, and yet have so continued together an hour after; or if any have deli­vered virtually mony or weapons to any such person so assembled, or have hindred any that went to make Proclamation, this is felony per Stat. 1 Mar. c. 12. 2 Eliz. c. 16.

Accessories before and after.

All counsellors or procurors before these­lony, and all aiders receivers after the felony, knowing the same, are accessories.

Extortion in a Coroner.

Any Coroner that takes above 13 s. 4 d. [Page 391] for the view of any dead body; and upon the murderers goods, or of the Town from whence he escaped, he forfeits 5 l. 3 H. 7. c. 1.

In a chief Constable.

Any person that takes above 2 d. for regi­string any servants testimonial upon his departure from one place unto another, fine at discretion, 5 Eliz. 4.

Extortion in an Ordinary for probate of Wills.

Any Ordinary or his Clark that takes a­bove 6 d. for the probate of a Will, or 6 d. for letters of Administration, whereof the goods of the intestate exceeds not 10 l. and not above 3s. 6d. where they exceed not 40l. or 5s. for both, or a peny to the Scribe for e­very line of 10 inches, loseth 10 l. and to the party so much as he hath paid, 22 H. 8. c. 5.

Clark of the Market and other Officers.

Any Clark of the Market, Clark of the Peace, Justices Clark, or Sheriffs Clark, or Bailiffs or other Officers that take above their due fees, 23 H. 6. 10. 1 Ed. 4. 2. 12 H. 7. 15. 42 Ed. 3. 9. 27 Eliz. 7. 27 H. 4. 5 E. 6. 25. 7 H. 7. 3. 7 H. 7. 4.

Hue and Cry.

Hue and Cry raised unjustly, or not being followed when well raised, 3 E. 2. c. 9.

Watch.

Watch not set in any Town between Ascen­sion-day and Michaelmas, 2 Ed. 2.

Going armed.

Riding or going armed in affright of the Country, is imprisonment and loss of armour, 2 Ed. 3. c. 3.

Escape.

Escape negligent of any Prisoner arrested for felony, 1 Ric. 3. c. 3.

Barretors.

Common Barretors, or maintainers of suits, Embracers of Jurors, must suffer imprison­ment and good behaviour, 34 E. 31. 33. H. 8. 10. 37 H. 8. c. 7.

Forcible entries.

Forcible entries, or detainers of possessions by force, fine and imprisonment, Stat. 8 H. 6. 4.

Cutting ponds.

Cutting of pond-heads, taking of fish, hawks, or hunting deer or conies against the owners will in any warren or ground inclo­sed, three months imprisonment, and good behaviour for seven year, 5 Eliz. 21. 3 Jac. cap. 13.

Tracing hares.

The tracing hares in the snow, or killing them by any engine, the taking of pheasants or part ridges by Net or any other device, as also hawking and hunting in eared corn for­feiture for every pheasant 20 s. for a partridge 10 s. for hawking, 40 s. 11 H. 7. c. 17. 23 Eliz. 10. 7 Jac. 11. 1 Jac. c. 17.

Forestalling.

Forestalling, which is intercepting of corn, and buying it coming to the market before it come there, 5 Ed. 6. c. 14.

Ingrossing.

Ingrossing, which is the buying any corn or commodities with intent to fell again.

Regrating.

Regrating, which is the buying of any [Page 393] commodity in any Market, and selling it a­gain in the same, or within any other Market within four miles of the same; the first offence loss of goods, and two months imprisonment; the second offence double the goods, and six months imprisonment; the third offence is loss of goods and pillory, 5 E. 6. 14. 5. Eliz. 12. 13 Eliz. 12.

Destroying the egges of wild-fowl.

The taking or destroying the egges of any wild-fowl usually eaten, before the first of March and the last of June, or the fry of fish, imprisonment for a year, and lose for every egge, 25 H. 8. 1. 3 Ed. 6. 3. 1 Eliz. 17. 14 Eliz. c. 1. 27. Eliz. c. 11.

Drunkenness.

Any person convicted of drunkenness for­feits 5 s. to the poor, stat. 4 Iac. 5.

Butchers, &c. selling victuals at im­moderate prices.

Butchers, Inholders, Brewers, Bakers, Tip­lers, or other sellers of Victuals, at immoderate prices, or that put off any corrupt or unwhol­some victuals, are to lose double what they take, 13 R. 2. c. 8. 2 & 3 Ed. 6. c. 15. If it be done by conspiracy, the first offence 10 l. and 20 daies imprisonment, the second offence 20 l. and pillory, the third offence 40 l. and the loss of one ear.

Vessels of wine, ale, &c.

The Vessels of ale, wine, beer, or oil not being of the full standard; the barrel for beer must be 36 gallons; and for ale, wine, and oil 32. fine is 40 [...]. per stat. 1 R. 3. 13. H. 6. 11.

Alehouses disorderly.

Any Alehouse being disorderly, or not keeping the Assise of ale and beer, in not sel­ling a full quart of strong, and two quarts of small for a peny, or any other brewing with­out licence; 20 s. for every offence, and dis­abled for three years; 4 Iac. 5. & 1 Iac. 9. lose 20 s. for the first offence, and for the second offence house of Correction, 3 Car. 3. 5 E. 6. three daies imprisonment without bail.

False weights and measures.

The buying or selling by false and unsigned weights and measures, the first offence 6 s. 8 d. second offence 13 s. 4 d. third offence stand on the Pillory, 11 H. 7. 4.

Artificers conspiring, &c.

Artificers conspiring to work but at certain rates, the first offence 10 l. or 20 daies impri­sonment with bread and water second offence 20 l. or standing on the Pillory, third offence 40 l. or loss of an ear, 3 Ed. 6. 5.

Guns.

Using or having of Guns or Cross-bows against Law, or shooting hail shot in them, forfeits 10 l. for every offence, 3 H. 8. 6.

Servants.

Retaining servants for less then one year, or they refusing to serve if they be compellable; or their departing, or being put away with­out a quarters warning, or the allowance of a Justice of Peace. Giving or taking greater wages then is allowed; or departing from one town to another without a testimonial, or not finishing a work begun, or not continuing so [Page 395] many hours, being hired by the day or week as is appointed, or taking an Apprentice, or using any art not having been an Apprentice for seven years, Stat. 5 Eliz. cap. 4.

Bridges and High waies.

The Bridges or High waies being out of repair, and by whose default. Constables and Churchwardens not calling their Parish to­gether every Easter-week, to appoint six days for amending the same, 22 H. 8. cap. 5. 2 & 3 P. & M. c. 8. 5 Eliz. 15. 18 Eliz. 9. 27 Eliz. cap. 11.

Ʋnlawful Games.

The using or maintaining unlawful games, as Cards, Dice, Bowling, Coyting-close, &c. Fine 40 s. for one day, 6 s. 8 d. for every time, 33 H. 8. c. 9.

Bows and Arrows.

Persons under the age of 60 years, not ha­ving Bows and Arrows in his house for him­self, servants and children; and in habitants of any town not continuing their Butts, 33 H. 8. 9. Fine 6 s. 8 d. fine 20 s.

Cottages. Inmates.

Frecting a Cottage without laying 4 acres of arrable land unto it; or entertaining or receiving Inmates, forfeits for erecting 10 l. for continuing 40 s. a month, 31 Eliz. 7.

Now seeing Iustitia est duplex, viz. The punishing part, and the preventing Justice, the premisses only touching the former, there­fore the conclusion shall point something at the latter, with a direction how it may be effected: We find by experience that it is not [Page 396] frequent punishment that prevents offences, praestat cautela quam medela, it is better pre­venting then redressing offences. This pre­venting Just. consists in three things (accor­ding to a learned Authour of our Laws, Co. 3 Inst. Epilogue.)

First in the good education of youth, which ought to be by instruction in the knowledge of Religion, and by learning some trade in their tender years, so as their should not be an idle person, or a beggar according to the Scripture, Deut. 15. 4. But that every child whose Parents are poor, might at the age of seven years earn their own living; and this for the time to come would by preventing Justice avoid idleness in all, which is the mare lethum where so many souls perish, and by honest trades cause them to become good members in the Commonwealth.

Secondly, in the execution of good Laws, which are already enough to punish idleness, but none of sufficient force to set idle people or youth on work.

Thirdly to frequent pardons, which make many offend in hope. This preventing Justice is better then punishing Just, as obedience is better then sacrifice, for in sacrifice we do but repent of sin, but in obedience we prevent sin, and it is better preventing then repenting sin. And therefore worthy every mans con­sideration and endeavour to promote this preventing Justice according to such good Laws as are already in force.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.