THE COMPLETE JUSTICE. A COMPENDIUM of the particulars incident to Justices of the Peace, either in Sessions or out of Sessions: Gathered out of the Statutes, Reports, late Resolutions of the Judges, and other approved Authorities. Abstracted and cited Alphabetically for their ready help, and the ease of inferior Officers, and for the general good of the Kingdom. Multa conceduntur per obliquum, qua non conceduntur de directo, Coke lib. 6. 47. Printed, ANNO 1637. TABULA. A. Abjuration. Fol. 1. Absolve, vid. Treason. ibid. Accessary and Principal. ibid. Acquittal, vide Indictments. Additions. 4 Affray, and Affrays. 6 Agnus Dei. ibid. Alehouses. 7 Alias Dictus, vide Indictment. 9 Alien and his Trial, vide Trial. ibid. Allegiance, vi. Supremacy. ib. Amerciaments. 10 Appearance. 11 Appeachment, vi. Approvers. ib. Apparel. ibid. Appeal. ibid. Apprentices. ibid. Approvers, or Appeachers. 13 Archery. ibid. Armour. 14 Arrests. 15 Arraignment. 16 Artificers, vide Labourers. ibid. Assault. ibid. Assembly, vid. unlawful Assembly. 17 Assize of bread and beer. ib. Attainder. ibid. Awaiting, vi. Way-lying. 18 Averment. ibid. B. BAdgers & Drovers. 18 Bailement. ibid. Bailiffs. 23 Bakers, vi. Assize of Bread. ib. Barretor. ibid. Bargain and sale, vide Inrolment. 24 Bark, vid. Leather. ibid. Bastardy. ibid. Bath and Buxton, vide Licence. ibid. Bawdry. ibid. Beads, vid. Agnus Dei. ibid. Bear-wards, vi. Licence. 25 Beer and Brewers, vi. Victuallers. ibid. Beggars, vid. Rogues & poor. ibid. Blockwood, vi. Logwood. ibid. Bloodshed. ibid. Bond, vid. Recognizance. ibid. Bowyers. 25 Brass and Pewter. 26 Breach of the Peace and good Behaviour. ibid. Bridges. 28 Buggery. ibid. Bul from Rome. vi. Treason. 29 Burglary. ibid. Burning. 31 Butchers. ibid. Butter and Cheese, vi. Victuals of transportation. 32 Butts. ibid. Buying, vi. Cattles. ibid. C. Calf's and Kine. 32 Captains. 33 Cattles. ibid. Certificate. ibid. Certiorari. 35 Challenge. 37 Champerty. ibid. Chance medley, vi. Homicide. ibid. Chastisement, vi. Correction. ib. Church and Churchyards. ib. Churchwardens. 38 Clerk of the Peace. 39 Clerk of a justice. 40 Clerk of the Crown. ibid. Clerk of the Market. ib. Clergy and Sanctuary. ibid. Cloth. 44 Commission of peace. 46 Commons. 47 Common Prayer. 47 Concealment, vi. jurors. 48 Confession. ibid. Conjuration. 49 Conservers of the peace. ibid. Constables. ibid. Conventicles. 50 Coneys, vi. Hunting. ibid. Corne. ibid. Coroners. 51 Cottages. ib. County. 52 Coozeners. 53 Crosses, vi. Agnus Dei. ib. Crossbows & Handguns. ib. Curriers, vi. Leather. 55 Customer, vi. Corne. ibid. Custos Rotulorum. ibid. Cutpurse. ib. Cutting out of tongues. ib. Cutting of Pond heads. 56 D. Dear and Hayes. 56 Demurrer. ibid. Deputy. 57 Divine Service. ibid. Dogs, vi. Hunting. ibid. Drovers of Common. ibid. Drovers, vi. badger's. ibid. Dyers, vi. Cloth. ib Drunkenness. ib E. Ecclesiastical causes and persons. 58 Eggs of wild fowl. 59 Egyptians. ibid. Embezeling, vid. Records. 60 Embracerie, vi. Maintainer. ib. Endictments. ibid. Enquirie. 64 Escape. 65 Escheators. 67 Eavesdroppers. ibid. Evidences. ibid. Estreates. ibid. Examination. 68 Extolling foreign power, vid. Treason. 69 Extortion. ibid. F. Fairs and Markets. 70 False imprisonment, vide Arrest. ibid. False Takers, vi. Coozeners. ib. Fees. ibid. Felo de se. 73 Felony. ibid. Ferrets, vi. Hunting. 78 Fewell. ibid. Fines. 79 Fish. 80 Flax. 82 Foreign power, vi. Treason. ib. Foreign Plea, vi. Trial. 82 Forcible Entry. ibid. Forcible Detainers. 89 Forgery. 95 Foreign Plea. 96 Forestall. ibid. Fishing and Fowling. ibid. G. GAmes, vide Unlawful Games. 97 Gaol and Gaoler. ibid. Glassemen. 98 Goldsmith. 99 Good abearing. ibid. Greyhounds, vi. Hunting. 101 Gunners and Guns. 102 H. Hare's. 103 Harness & Habiliments of war. ibid. Hart proclaimed, vi. Dear. ib. Harvest time. ibid. Hawks and Hawking. ibid. Hay and Oates. 104 Hedgebreakers. 105 Highways. ibid. Homicide. 108 Horses and Mares. 113 Horsebread. 114 Hospital. 115 House. ibid. House of Correction. 115 Hunting. 117 Hundred. 119 Hue and Cry. 120 I. Iesuites' & Seminary Priests. 121 Imprisonment, vi. Prison. 122 Indictment, vide Endictment. ibid. Information. ibid. Informers and Promoters. ib. Engrossers. 123 Inneholders'. ibid. Inmates, vi. Cottages. ibid. Inrolment. 124 Issues. ibid. judgement. ibid. jugglers, vi. Licence. ibid. jurors and juries. 125 justices of the Peace. 127 L. LAbourers and Servants. 131 Larceny. 136 Leather. 141 Leets. 146 Lent, vi. Fishdays. ibid. Liberty and Franchises. ibid. Libellors. ibid. Licenses. 147 Linen cloth. 148 Long Bows, vide Archery ibid. Log-wood and Block-wood. ib M. Mason's. 149 Maintainers and Embracers. ibid. Mainprize, vi. Bailment. ibid. Maihem. 150 Malt. ibid. Manslaughter, vid. Homicide. 151 Mariners. ibid. Market Overt. 152 Marriage. 153 Mass. ibid. Master, vi Servant. ibid. Measure and weight. ibid. Messages false. ibid. Milch Kine, vi. Calves. ibid. Minstrels, vi. Rogues. ibid. Misprision. ibid. Mitigation of Fines and Forfeitures. 156 Mittimus. ibid. Monasteries, vi. Religious Houses. 157 Mortuaries. ibid. Multiplication of gold and silver. ibid. Murder. ibid. Musters. 160 N. Navy. 161 Nets, vi. Hunting. ibid. Next justice. ibid. Nightwalkers, vi. Watchers. ibid. Noble personages. ibid. Non sane memory. 162 Nusans. ibid. O. OBedience to the King. 163 Officii Colore. ibid. Ordinary. ibid. Oath. ibid. Orchards and Gardens, vide Hedgebreakers. 165 Overseers of the poor. 166 P. PArdon. 166 Parks. 168 Parson and Vicar, vi. Ecclesiastical Cases. 168 Partridge and Pheasant. ibid. Peace. 171 Peers, vide Noble personages. 172 Pedlars, vi. Rogues. ibid. Perjury. ibid. Petty Treason. 173 Pewter, vi. Brass. 173 Physician. ibid. Plays and Players, vi. unlawful Games & Rogues. 174 Plague. ibid. Plaints in Court. 176 Ponds, vi. Fish. ibid. Poisoning, vi. Murder. ibid. Pope and Popish books. 177 Poor people. ibid. Power of the County. 180 Preachers. 181 Precept, vi. Warrant. 182 Praemunire. ibid. Presentment. 183 Principal, vi. Accessary. 184 Prisoner and Prisoners. 185 Process. 187 Proclamation. 190 Promoters, vide Informers. ibid. Prophesying. ibid. purveyors. 191 Putting out of eyes. 193 Q. QVarter Sessions, vid. Sessions. 193 R. RApe or ravishment. 193 Rates, vi. Taxations. 194 Records. 194 & 197 Rebellious assemblies. 194 Recognisance. 196 Recusants. 198 Regrator. 205 Release. ibid. Religious houses. 207 Replevin, vide Bailement. ib. Rescous. ibid. Restitution. 208 & 210 Return. 211 Riots. 211 & 114 Rivers. 220 Rogues. 222 Robbery. 226 Rout. 229 S. Sacrilege. 230 Sacraments. ibid. Salt-peter men. ibid. Schoolmaster. ibid. Seditious Sectaries. 231 Servants, vide Labourers and Apprentices. ib. Servingmen, vide Testimonial. ibid. Sessions of the peace. ibid. Sewers. 233 Sheep. ibid. Sheriff. 234 Shoes and Boots. 237 Shooting, vide Archery. ibid. Crossbows, vi. Partridge. ibid. Soap, vide Vessels. ibid. Soldiers. 23● Star-chamber. 24● Stolen goods. ibis' Stewards of Courts. ibis' Stocks of the Shire. 24● Subsidy. ibis' Suggestion, vide Information ibises Summon of Sessions, vid. Sessions. 24● Sunday. ibises Supersedeas. 24● Supplicavit. 24● Supremacy. ibid. Surety of the Peace. ibid. Suspicion of Felony. 25● Swans. ibid. Swearing. 25● T. TAxation. 25● Tale-bearers, vid. News ibid. Tanner, vi. Leather. ibid. Taverne-keeper. ibid. Testimonial. ibid. Theft. 25● Threatening. 26● Tile-making. ibid. Tippling. 26● Tithes. ibid. Toll. 26● Transportation. 26● Traverse. 26● Travelling beyond the sea. 269 Travellers. 270 Treason. 271 Trespasses, vi. Hedgebreakers. 274 Trial. ibid. V VAgabonds, vi. Rogues. 275 Venire facias. ibid. Vessels. ibid. Victuallers, and Victual. 277 ●nder-sheriffes. 278 ●nlawfull games. 279 ●nlawfull Assemb●…s. 280 ●…ury. ibid. ●…ry. 281 W. WAges. 281 weanlings. 282 Warrant. 283 Watches. 286 Watermen. 287 Wax. 288 Weeres in Rivers. ibid. Weights and Measures. ibid. Witchcraft. 289 Wines. ibid. Wood ibid. Wool, and Wooll-sellers. 291 Wollen-yarne. ibid. Women. 292 Courteous Reader, IN all those places of this following Tract where M. Daltons' Country Justice 〈◊〉 vouched for its authority, be pleased 〈◊〉 take notice, that this Author followed ● former Edition thereof; and therefore r●ther have recourse to the Alphabetical ●…tles in Dalton, than the page, which for th● most part fails, by reason of some additions to that work in this last Impression printed by the Assigns of John More, E●… Abjuration. 1 JUstice of Peace cannot arraign a man upon his abjuration for felony Lam. 519. Lam. 551. 2 Abjuration of a seditious sectary made in open quarter Sessions must be certified to the Judge of Assize at the next Assize. 35. El. cap. 1. Lamb. 555. Lamb. 590, 615. Vide plus Recusant. 110. 6. Absolve, vide Treason. 15. 6. Accessary and Principal. Who shall be an accessary before the fact. 1 Abbettour, procurer, or consenter to a felony. Dal. 250. Cro. 41. Lamb. 282, 285. Lamb. 283, 286. Stam. 44. 0. 2 Commander of an evil act is accessary to the felony proceeding thereof: as if death proceed of beating or robbing. Dal. 250. Cro. 42. a. Lam. 286. 3 Commander of one felony whereby another ensueth, is accessary to the first: as, A commandeth B to fire the house of C, and thereby many are fired. Lamb. 286. Lamb. 287. 4 Commander of a felony, though it be executed in another fashion, time, and place, or manner than was commanded. Dal. 250. Lamb. 286. Lam. 287. Cro. 42. a. nu. 14. Who not. The felony commanded is executed on another person, the commander is not accessary. Lam. 287. The commanded performing more than was commanded, committeth felony, the commander 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 counsellor is not accessary to the murder of B. Lamb. 287. nu. 16. The knower of a felony without consenting. Lam. 288. Lam. 289. Dal. 251. ●ro. 41. b. nu. 8. One not party nor privy who is present at a felony, and doth not disturb it nor pursue the fellow, is fineable. Dal. 251. Lamb. 289. Cro. 44. 2. Accessary after the fact. Receiver of a fellow, knowing him to be one, and suffering him to escape, whether before or after attainder. Dal. 251. Cro. 41. a. Dal. 251. Receiver or comforter of a fellow with an evil intent. Lam. 289. Dal. 251. Arrester of a fellow by hue and cry taketh the goods and letteth him go. Lam. 289, 290. One pursuing a fellow 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. 254. Receiver of one brother, knowing him to be a fellow. Lam. 290, 291. Receiver of an approver or one attainted, or outlawed of felony, knowing thereof. Lam. 293. To harbour a fellow attainted in the same County. Dal. 252. Cro. 43. a. nu. 31. But Lam. 293. holdeth it reasonable that he first have knowledge of such a record. Receiver of stolen goods, knowing them to be stolen. Cro. 41. b. Who not. A suitor by word or writing for the deliverance of a fellow, knowing thereof. Lam. 289, 290. Dal. 251. Pursuer of a fellow for his own goods, taketh them again and letteth him go. Lam. 289. Dal. 253. Lam. 290. Fitz. 32. b. 33. b. Reliever or receiver of one bailed for felony. Lam. 290. Dal. 252. Cro. 42. b. Buyer of stolen goods, knowing thereof. Lam. 291. unless he receive the fellow. Cro. 42. a. nu. 17. Dal. 253. The wife receiving the husband, knowing him to be a fellow. Lam. 291, 292. Fitz. 33. b. Receiver of the striker of the stroke after the stroke and before the death. Lam. 292. Felony by statute hath accessaries before and after the fact, as a felony hath a●… the common law, though the statute speak not thereof. Lam. 285. Lam. 286. After acquittal as principal one may be arraigned as accessary after the fact, but not before the fact. Lam. 292, 557. One may be accessary to an accessary: as, if one feloniously receive or comfort an accessary. Lam. 290. Dal. 254. Cro. 42. b. Lamb. 291. Who shall be said a Principal. Those of the society of a fellow and present at the fact, though not actors. Dal. 172, 212, 249. Cro. 22. a. nu. 10, 15. Stat. 40. a. An abbettour, procurer, or receiver of a woman, knowing her to be taken away contrary to the statute. 3. H. 7. cap. 2. Lam. 285. Accessary in one county to a felony done in another county, may be indicted where he becometh accessary. 2. & 3. Ed. 6. 24. Dal. 52. It is no good indictment against an accessary to say that he received the goods, without saying he received the fellow. Lam. 472, 500, 291. Acquittal, vide Enditements. Additions. In every indictment or presentment where outlawry lieth, the estate of degree or mystery, the town, hamlet, or place where the indicted dwelleth, are to be added. 1. H. 5. cap. 5. Lam. 488. What shall be a good addition of degree or estate. Baron, Knight, Esquire, Gentleman, Alderman, widow, single woman, Dean, Archdeacon, Parson, Doctor, Clerk, parish-clerk. Lam. 461, 471. Lam. 489. What not. Such as are common to many degrees, as to Gentlemen and Yeomen, are uncertain, as farmer, servant, butler, chamberlain. Lam. 462, 489. What shall be a good addition of mystery. Chopchurch, merchant, grocer, mercer, tailor, broker, husbandman, ostler, literman, waterman, spinster. Lam. 462, 489. What not. That which is no mystery nor degree, as citizen; nor any unlawful trade, as extortioner, maintainour, vagabond, heretic, dicer, carder, etc. Lam. 462. Addition of degree or mystery must be as the party than is. But addition of the place may be such whereof he was. Lam. b. 463, 489, 490. 1. Ed. 4. 2. 2. Ed. 4. 10. Addition of degree and mystery must be knit to the proper person. Lam. 462, 489. The statute of the 1. H. 5. cap. 5. of additions doth not extend to informations. What shall be a good addition of place. Either of the Town or parish, if they be both of one name. Lamb. 463, 490. Of the Town only, where there be two towns in one parish. Lamb. 463. Either of the Town or Hamlet, if there be two hamlets in one town. Lamb. 463. ibid. Lamb. 490. Of the Town, if the person be of a place known within the town. Lamb. 463. Lamb. ibid. Addition must comprehend the County, Town, or Hamlet, whereof the party is or was. Lamb. 462, 490. What not. Of the place whereof he is person, without naming the place of his abode. Lamb. 463, 430. Affray and Affrays. An affray may be without word or blow, as to be armed with armour or weapon not usually born. Lamb. 118. Dal. 28. Lamb. 126. Constable or other officer may lay no hands on any intending to make an affray, till weapon drawn or offer of blow. Lamb. 124. Dal. 29. Lamb. 132. Vide plus Constable. Affrayer may be commanded by the Constable or other officer, to avoid upon pain of imprisonment: and if the affray be great, they may make proclamation, and command the parties to prison for a small time; whom he must deliver without fine. Lamb. 124. Dal. 28. Lamb. 132. Every private man present at an affray, assault, or battery, may part them, stay them that come to the affray with weapon, stay the affrayers till the heat be over, and then deliver them to the Constable; but may not commit them, unless one of the affrayers be in peril of death; and if he fly into a house upon hue and cry, break and open the house and take him. Dal. 28. Lamb. 130, 131. Cro. 146. a. Agnus Dei, Crosses, Beads, Pictures, etc. 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 officer or deliverer, to any justice of Peace of the same shire, the same justice must within fourteen days next after declare the same to some one of the Privy Council on pain of Praemunire. 13. El. cap. 2. Dal. 80. Vide plus Treason, Misprision, and Praemunire. Alehouses. Two justices, one being of the Quorum, may licence one to keep a common Alehouse, taking bond with good surety for good rule to be kept in his house. 5. Ed. 6. cap. 25. Twelye 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. Lamb. 356, 370. Condition of a recognizance for an Alehouse. Lamb. 344, 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 3 days without bail, and till he be bound with two sureties to keep none after- Dal. 26. Lamb. 340. Vide stat. 3. Car. 3. Information of the offence and recognizance taken by two justices, one being of the Quorum, of an Alehouse kept against the statute of 5. Ed. 6. cap. 15. is a sufficient conviction without further trial at the Sessions: and they may assess the fine of 20 shill. without making process against the offender. Lamb. 539, 552. Lamb. 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 show why he should not forfeit his recognizance. Quaere what process, Lam. 495, 499, 524, 529. Inquire whether Alehouse-keepers having forfeited their recognizance, aught to be at the Q. Sessions. 5. Ed. 6. 25. Fines imposed by the stat. of. 5. Ed. 6. cap. 25. concerning Alehouses cannot be altered by the Justices of Peace. 5. Ed. 6. 25. Lamb. 545, 578. Justices of Peace must certify the recognizance taken for Alehouses at the next Q. Sessions after they are taken, or lose 5 marks. 5. Ed. 6. cap. 25. Any directly or indirectly selling Ale or Beer unto any Alehouse-keeper not licenced, more than for his necessary provision for his household, shall lose after the rate of 6 shill. 8 pence for every barrel for the levy and disposal of the penalty. See Victuals. 4. Jac. 4. Alehouse-keeper or Innkeeper suffering any tippling contrary to the 2. Jac. cap. 9 21. Jac. 7. forfeiteth 10 shill. and every such tippler 3 shill. 4. pen. for non ability of payment the Alehouse-keepers, etc. to be committed to the Goal till the penalty be paid, 2. Jac. the tippler to the stocks for 4 hours, 4. Jac. Dal. 24, 25. 1. Car. 4. Justice of Peace hath power in those cases to minister an oath to witnesses. 1. Jac. 9 21. Jac. 7. The Constables and Churchwardens neglecting to levy, or to certify the cause thereof by 20 days to the Justice that granted the distress, do forfeit 40 shill. in default thereof to be sent to the Goal. 1. Jac. 9 Dalt. 25. Crom. 78. 2. Alehouse-keepers and Innkeepers ought to lodge travellers, Dal. 25. 1. Alehouse-keepers are disabled to keep Alehouse 3 years if they suffer tippling. 2. If they sell not a quart of the best, and 2 quarts of small beer or ale for a penny. 3. If they be convicted by Indictment at the Assizes, Sessions, or Leet, for being drunk, 4. Jac. 10. or before one Justice upon oath of one witness, 21. Jac. 7. continue drinking in another Alehouse, 7 Jac. 10. 4. Jac. Dal. 27. Vide plus Victuallers Confession. If any unlicensed Alehouse-keepers be convicted by the view of any Justice of the Peace, confession of the offender, or oath of two witnesses, he loseth 20 shill. to the use of the poor of the parish to be levied by way of distress by warrant from the Justice of Peace convicting, and within 3 days to be sold, 3. Car. 3. Where there is no sufficient distress or non payment, within six days after conviction, the offender is to be openly whipped as the Justice of Peace shall limit, 3. Car. 3. The Officer refusing or neglecting to execute the Justice his precept, is to be committed to the Goal until he do or procure the offender to be whipped or pay 40 shill. to the use of the poor of the said parish, 3. Car. 3. The second offence is commitment to the house of Correction for a month, 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. 25. Alias dictus, vide indictment. 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. Dal. 210. Cro. 24. 6. Offenders in gathering more amerciaments than 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. Hen. 7. cap. 15. Estreats of amerciaments must be by Indenture between the two Justices (appointed for oversight of Sheriff's books) and the Sheriff or Undersheriff under their seals, or else the Sheriff to lose 40 shill. 11. Hen. 7. cap. 15. No amerciament for default of appearance when the Sessions are not summoned by precept. Lam. 381. or when the summons is at one place, and kept at another. Or when the Sessions were the same time at two places, and the party appeared at one of them. 384. One Justice of Peace cannot amerce his fellow for absence from the Sessions; but a Justice of Assize may amerce a Justice of Peace for his absence from the Goale-deliverie. Lam. 385. Clerk of the Peace, Coronours, Sheriffs, Bailiffs of Franchises, Constables of Hundreds, may be amerced for default of appearance at Sessions. Lam. 395. Amerciaments of Jurours for concealment, vide Jurours. Lam. 400, 401. Appearance. Recognizance taken for the Peace against all the King's people, and to appear at the next Sessions by Supersedeas out of the Chancery, testifying surety found there against all the King's people for ever, will discharge the appearance of the next Quarter Sessions. Otherwise it is, if it be but until a day certain. Lam. 106, 107. Dal. 140, 141. Who shall be amerced for default of appearance and who not, vide Amerciaments, vide Release. Apparel, stat. repealed. Appeachment, vide Approvers. Appeal. justice of Peace can take no appeal of any felony. 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. Elis. 4. Dal. 59 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. 59 and to be discharged by four Justices. If default be in the apprentice, it seemeth one Justice may send him to the house of correction. Dal. 60. Assent of two Justices is sufficient to the Churchwardens or overseers, or the most of them, to bind as apprentices the sons of poor parents till 24 years of age, or their daughters till 21 years of age. 39 Elis. 3. Lam. 327. 43 Elis. 2. Dal. 63. Lam. 331. Disposition of money given for putting forth apprentices, and the nomination and placing of them must be by corporation, and in towns not corporate by the Parson or Vicar, Constable, Churchwarden and Overseers for the time being, or most part of them, the same to be according to the will of the giver: And any of the disposers forbearing and refusing to dispose of the money, whereby it is not disposed, shall lose 3 pounds 6 shillings 8 pence, one moiety to the poor of the parish, the other to the informer. 7. Jac. 3. Disposers of such money given for apprentices, are to take bond with two sureties of such master or masters, for such money as they shall so receive, for the repayment thereof at the end of seven years, or 3 months after. 7. Jac. 3. Or if the apprentice die within 7 years, then to repay the money within one year after such master or master's death. 7. Jac. 3. The master or masters dying within 7 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 7 years. 7. Jac. 8. Money given for putting forth apprentices is to be disposed within three months after receipt. 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 choose others of the parish next adjoining. Ibid. Disposers of money for apprentices are to account before two Justices next adjoining yearly in Easter week, or within ● month after: and within 20 days after such account made, must deliver all such money and bonds remaining in their hands. Ibid. Breakers of trust for disposing money given for apprentices, are to be examined and redressed by Commission out of Chancery returnable within three months, and the party grieved by an act of the Commissioners is to be relieved upon his Bill in Chancery. 7. Jac. 3. Certificate to the head-officer of city or borough, that the parents of an apprentice to a merchant, mercer, draper, goldsmith, ironmonger, embroiderer, or clothier, may dispend 40 shill. freehold, must be under the hands and seals of three Justices where the land lieth. 5. Elis. cap. 4. Apprentice is to be discharged by four Justices in open Sessions. Dal. 60. The discharge of an apprentice is to be enrolled by the clerk of the Peace. 5. Elis. 4. Vide plus Labourers. A master putteth his apprentice into apparel, he cannot take it away though he part with his apprentice. Dal. 93. edit. 1626. Approvers or Appeachers. Goaler, keeper, or underkeeper by pain compelleth his prisoner to become an appeacher of others, it is felony. 14. E. 3. cap. 10. Justice of Peace can take no appeal of an approver. Dal. 276. Lam. 550. One fellow accuseth another before the Justice of Peace; they may take his confession and reprieve him, and so proceed against the other. Lam. 551. Archery. The statute of Bowes is not repealed. Armour. Any (except the king's officers and their company doing their service) riding or going armed, or bringing forth in affray of the people, are to be imprisoned and lose their armour. 2. Elis. 3. cap. 3. Dal. 30. Cro. 76. a. Justices of the Peace not looking to the execution of the statute of fearing the country with going or riding armed, upon inquiry by the judges of Assize are to be by them punished. 2. E. 3. cap. 3. The counterpart of the indenture of armour to be kept by the clerk of the Peace. 4 & 5 Ph. & M. The statute 4 & 5 Phil. & Mary concerning keeping of horses and armour, with the penalties thereof, are repealed. 1. Jac. 25. Armour and munition of a Recusant convicted, being in his own possession, or at his dispose, other than 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 seized 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 three months without bail. 3. Jac. 5. Recusant having his armour seized, is to be charged with such armour and horse, as he and others of his Majesty's subjects shall be commanded to serve with at musters. 3. Jac. 5. Any justice of Peace may arrest any (except the King's officers, and such as do him service) that go armed, and bind them to the peace, o● good behaviour. Dal. 30. Crom. 76. a. Lam. of Const. 13. A justice of peace may cause weapons to be taken from prisoners brought before him. Dal. 30. No servant in husbandry, artificer, victualler, or labourer, shall wear sword or dagger. 15. H. 2. Dal. 30. Cro. 76. Arrests. An arrest is a certain restraint of a man's person, depriving it of its own will and liberty, and binding it to become obedient to the will of the law. Dal. 294. Lamb. 87. Lamb. 93. All lay persons under the degree of a Baron or Peer of the realm, are subject to an arrest. Lamb. 88 Lamb. 93. Dal. 131, 294. Ecclesiastical persons not attendant upon divine service, may be arrested for the peace. Lamb. ibid. Lamb. ibid. Constable, or justice of peace coming to arrest an affrayer, if he fly into another house, they may in fresh suit break open the door and take him so, if he fly into another County. Lamb. 134. All that come to the Sessions for public service or upon compulsion, upon complaint and examination of the matter by oath, shall be freed from any arrest upon original process. Lam. 402. Bailiff taking above 4 pence for any arrest, shall forfeit 40 shill. 23. H. 6. cap. 10. Arrest of Riotters, vide Riot. Arrest, vide Sheriff, vide Prison. The officer ought to require the party to come and find surety of the peace, before he arrest him, by the opinion of 5. Ed. 4. 15. Lamb. 85. Lamb. 90. If one required by the officer upon warrant to find surety of the peace, refuse, the officer by virtue of his warrant may convey him to prison. Lamb. 86, 88 Lamb. 92. Dal. 138. All are subject to arrest under the degree of Barons or Peers of the realm. Dal. 294. Lamb. 93. A Constable taking an affrayer may not imprison him in his house, but in the stocks. Lamb. 133. Arraignment. Arraignment is commonly a compulsory coming of one indicted of a matter touching life or such heinous offence, and a pleading not guilty. Lamb. 546, 517. One coming in freely, and indicted of an inferior offence, may be arraigned. Lamb. 547. One arraigned of felony, if his case will serve, may plead a justification or matter in law. Lamb. 547. Artificers, vide Labourers. Assault. Assault cannot be made without the offer of some hurtful blow, or at least of some fearful speech. Lamb. 119. Lamb. 126. To rebuke a collector with foul words, so that he depart with fear without doing his office, was taken for an assault. Lamb. ibid. To strike at a man, although he were neither hurt nor hit with the blow, is an assault. Lamb. ibid. Maker of an assault, battery, or other trespass upon the body of another, is to be fined. Lamb. Servant or workman convicted by confession of two witnesses, before two Justices of Peace, of maliciously assuulting Master, Dame, or Overseer, is to be imprisoned a year, and any other corporal punishment saving life and member. 5. El. cap. 4. & 5 Dal. 61. Cro. 84. a. If another assault me, if I may escape with my life, it is not lawful for me to beat the other. Dal. 204. An attempt is made to beat a man, his wife, father, or mother, or any of his children within age; he may lawfully use force to resist it, and may justify the beating of the other. Dal. 151. Dal. 205. Yet by opinion of Elyot. 12. H. 8. fo. 2. 6. it is not lawful, except there be such peril as another is like to perish if there be no help. Dal. 205. Edit. 1626. Assembly lawful, 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. & 8. Lam. 435, 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. 1. 2. 8. c. Attainder. One attainted of felony may be arraigned for treason committed before or after the attainder. Lam. 557, 558. One attainted upon an appeal of robbery, may be arraigned upon an appeal of robbery at another's suit. Lam. 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 of 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 landlord to whom the escheat. Dal. 258. 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 offender. Dalt. 295. Await lying, vide Way-lying. Averments. No man shall be received to aver or speak against a record. Lam. 60. Badgers and Drovers. Licence to badgers and drovers and loaders of corn must be in open Sessions, and there regictred and kept by the clerk of the Peace. 5. Elis. cap. 12. Lam 610. Offences against the statute of badgers and drovers, may be enquired of aswell by examination of witnesses, as by presentment. 5. Elis. cap. 12. The forfeiture due to the informer upon the statute of badgers and drovers, is to be levied by Fieri facias, or Capias awarded by the Justices of Peace. 5. Elis. cap. 12. bailment. Baylment, Mainprize, 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. Dal. 269. Lam. 330. Lam. 340. He that is bailed is delivered into his sucetics hands to be kept. Dal. 269. Cro. 152. b. Stam. 65. a. If the sureties doubt the escape of the prisoner bailed, a Justice of Peace upon prayer may discharge the sureties and commit the party to prison. Dal. 269. Cro. 153. a. 157. a. A Justice of Peace may cause the bailed to find better sureties. Dal. 269. Cro. 152. b. It is requisite to take two subsidy men for bail, especially if it be for felony or suspicion thereof. Dal. ibid. To detain a prisoner that is bailable, is fineable. Dal. 270. To bail one not bailable is a negligent escape. Dal. 270. Justice of Peace bayling contrary to the law, or not certifying the bail and examination of the fellow, is fineable by the justice of Goal-delivery. Lam. 345. 1. & 2. P. & M. 13. Dal. 271. Cro. 167. Lam. 335. Where one is bailable, he must offer sureties. Dal. 272. For what offences a man is not bailable by a Justice of Peace by the statute of W. 3. Ed. 1. 15. Cro. 156. a. Lam. 345. 1 Abjured the realm. Dal. 273. 2 Approver or appellour. ibid. 3 Appealed by an approver. ibid. 4 Burning a house foloniously. ibid. 5 Excommunicate, taken at the Bishop's 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 King's money. Dal. 274. 12 Counterfeiter of the seal. ibid. 13 Attainted or convicted of felony. ibid. 14 Accessary to two felonies, if one principal be attainted. Dal. 275. 15 Death of man, if he be principal. ibid. 16 Taken upon process of rebellion issuing our of Chancery or Starchamber. Dal. 276. Lam. 347. 17 Arrested by process, writ, bill, or warrant in an action personal. ibid. 18 Persons convicted of felony, praying Clergy and reprieved. Dal. 274. Cro. 154. a. For what 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. Dal. 276. Lam. 340. Murder or any other homicide. Dal. 272. Confessing the fault of manslaughter. ibid. Lam. 34. Taken in the manner for killing. ibid. Known to have killed a man. By the King or his privy Council. 27●. By the absolute, not ordinary command of the King's Justices. ibid. For trespasses in the forest. West. 1. cap. 15 Confessing the felony whereof he is accused. Imprisoned for surety of the Peace. 23. Hen. 6. Lam. 346. Special commandment of any Justice. 23. H. 6. Lam. ibid. Where bailment is taken away by statute, vide Dal. 276. Lam. 340. Lam. 349. For what offences a man is bailable. Taken for light suspicion. Dal. 274. Indicted of petty larcerie, not being formerly guilty of another. ibid. Charged, 1 With the receipt of thiefs, of felons. Dal. 275. 2 Of commanding force or aid. ibid. 3 With the trespass that toucheth not loss of life or member. Dal. 275. west. 1 15. if not prohibited by some latter statute appealed by an Approver being no common thief, nor defamed after the death of the Approver. Dal. 276. Indictment of manslaughter and acquitted. Lam. 347. Arrested by force of any writ, bill, or warrant in any action personal, or upon any indictment of trespass. Dal. 276. Acquitted of murder or manslaughter at the King's suit, bailable during the year. 3. H. 7. cap. 1. Lam. 347. Imprisoned by process out of the Sessions upon penal laws not forbidding bail, bailable out of the Sessions by two Justices, one being of the Quorum. Dal. 275. Lam. 348. Accused of homicides which are not felony. Accessary to felonies. Dal. 275. If they be found of good same 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. Principal in burglary. Dal. ibid. Principal in an indictment of robbery. Dal. ibid. Principal in an appeal of robbery. Dal. ibid. Attached by Session's process upon indictment of trespass, may be bailed by one Justice of Peace to appear at the day to answer the indictment, and may make his supersedeas cap. indict. and so of the exigent. Dal. 276. In every bailment which must be by two Justices, one of them being of the Quorum, the Justices must be present together at the time of the bailment, who before bail taken must examine the prisoners, and receive the information 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 Goale-deliverie to be holden in the county. 1 and 2. P. & M. cap. 13. Dal. 259, 271. The said Justices have authority to bind all persons that can evidence, to appear the next Goale-deliverie to give evidence against the party at the time of his trial. Dal. 259. Some stat. 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. 31. Lam. 252. Dal. 34. The form of the liberate. ibid. Bailiffs. Bailiff is punishable in false imprisonment, if he compel the party to go before any other justice than he chooseth. Lam. 89. But now the law is adjudged to be, that the Bailiff or Constable shall choose the justice. Dal. 138. and Cook 5. 19 6. Foster's 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. 89, 90, 95. Dal. 138. A Bailiff arrests a man without a warrant for the Peace, and afterwards procures one, he is punishable in false imprisonment. Dal. 291, 295. Lam. 85. Cro. 149. a. Lam. 90. A Bailiff arrests one by warrant for the Peace, the justice will not bind the party, no action lieth against the Bailiff. Dal. 1. Lam. 85, 91. 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. Elis. of supremacle. and 17. Elis. touching their offices. 27. Elis. cap. 12. Bailiff taking above 4 pence for an arrest, is to forfeit 40 shill. 23. Hen. 6. Bailiff of the hundred that executeth not a warrant against any default in the Sheriff's court, shall lose 40 shill. 11. Hen. 7. cap. 15, Vide plus Warrants. Bakers, Vide Assize of Bread. Barrettour. A common Barrettour is he who is either a common mover, stirrer up, or maintainer of suits in laws in any court, or quarrels in the country, Dal. 31. Lam. 41. Cro. 84. and is to be bound to his good behaviour and imprisoned. Lam. 418, 440. Vide plus Dal. 31. Cook 8. 36. Bargain and Sale, vide Inrolment. Bark of Trees, vide Leather. 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. Eliz. 3. 7. Jac. cap. 4. Dal. 31. The reputed father and mother not performing the order set down by two such Justices, the delinquent is to be sent to the Goal without bail, except they put in sureties to perform the order, or appear at the next general Sessions of the Peace. Dal. 32. All Justices of Peace in their several limits, and in their Quarter Sessions may do all things concerning the statute, 18. Eliz. for Bastardy, which is limited to the Justices of Peace in several counties. 3. Car. 4. Reputed father to be bound in the good behaviour till the child be born. Dal. 31. 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 be bound over to the next Good-delivery or Quarter Sessions. Dal. 36. Edit. 1626. Battery lawful, vide Riot, Assault, Breach of the Peace. Bath & Buxton, vide Licence. Bawdry. Bawdry is not merely a spiritual offence, but mixeth and soundeth somewhat against the peace. Dal. 160. Lamb. 112. Lamb. 119. A Constable, upon information that a woman is in adultery or fornication with a man, or that a man and a woman of ill report, are gone to a suspected house in the night, may take company with him; and if he find them so, he may carry them to prison or to a Justice, to be bound to their good behaviour. Dal. 160. Resorters to bawdy-houses are to be bound to their good behaviour. Dal. ibid. Keepers of bawdy-houses are to be bound to their good behaviour. Dal. ibid. Bede, vide Agnus Dei. Bearwards, vide Licence. Beer and Beere-brewers, vide Victuallers. Beggars, vide Rogues and poor people. Blockwood, vide Logwood. Bloodshed. Presentment of bloodshed found in the Sheriff's turn and sent to the Justices of Peace, can neither be traversed before the Justices of Peace nor at the Sheriff's turn. Bonds, vide Recognizances. Bowyers. The statute not repealed of 33. H. 8, 9 Brass and Pewter. Brasier nor Pewterer may exchange or sell any brass or pewter, but in open market or fair, or in his house, unless upon request of the buyer, on pain of 10 pounds for each offence. 19 H. 7. cap. 6. 4. H. 8. 7. and inquirable at the Sessions. Lamb. 621. All working hollow wares of other lay metal then according to the assize of the lay metal wrought in London, or not settling their seal on, lose the wares. Searchers of brass and pewter must be appointed by the Justice of Peace at Michaelmas Sessions. 19 H. 7. 6. 4. H. 8. Lamb. 622. Breach of the Peace or good behaviour. What shall be accounted a breach of the Peace. To threaten one to his face to beat him at whose suit he was bound. Lamb. 108. Dal. 148. Cro. 136. or in his absence, if he after lie inwait to do it. ibid. Lamb. 115. To command or procure one to do any unlawful act against the peace, if it after be done. Menacing, assrayes, assaults, injurious and violent handle and entreatings, battery, and malicious strikings, imprisonment without warrant, to thrust one into the water to endanger him, to ravish a woman, to commit felony or treason. Dal. 148. Lamb. 119. Lamb. 127. A Farmer, Tenant, or Commoner, by threats or blows to repulse violence offered his landlord or mayor. Dal. 151. Lamb. 121. Lamb. 129. What act soever is a breach of the Peace, the doing thereof doth beget a forfeiture of the recognizance, made for keeping of the Peace. Lamb. 108. Dal. 148. Lamb. 114. What not. In his absence to threaten to beat him, at whose suit he was bound to the Peace. Dal. 148. 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 villam. Dal. 148. Lamb. 127. To beat with rods a kinsman that is mad, to the end to reclaim him. Dal. 149, 150. Lamb. 128. Constable, officer, or any of their company, to itrike any for better execution of their office. Dal. 150. Lamb. 128. By threats or blows to repulse violence offered to ones own person, wife, father, mother, child, master. Dal. 151. Preservation of his own goods. Ibid. Lamb. 129. and Corm. 136. b. affirm that the Master may beat him that doth assault or beat his servant: but Dal. maketh a quaere of it, and that a Master may only with sword or staff defend him. 151. Pax Reg. 5. To kill or hurt one at fence, play, tilt, Tournament, or Barriers in the King's presence, or by his command De val. Dal. 151. Lamb. 129. To take one's goods wrongfully, if not from his person, Lamb. 130. Dal. 152. is no forfeiture of his recognizance. So to take away another's ward. Dal. ibid. Lamb. ibid. To trespass in another's corn or grass. ibid. Trespass lieth at the Common Law, for threatening 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 fly as fare as he can. Dal. 150. Cro. 137. To take a dog of any kind, 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. 164. edit. 1626. Brewers, vide Victuallers. Bridges. A man voluntarily maketh or amendeth a bridge, he is not compellable to do the same again, unless he and his ancestors have used so to do time out of mind. Dal. 34. Cro. 186. a b. It being not known who or what land is chargeable with the repairing of a decayed bridge, four justices, one being of the Quorum, may tax the inhabitants and make collectors and overseers for the repairing of it. 22. Hen. 8. cap. 5. Dal. 39 edit. 1626. Justice of Peace, where a decayed bridge is, may award process in the County where the party or land chargeable is. 22. Hen. 8. 5. A bridge lying in a corporation, the hundred shall not be charged therewith; & è converso. Dal. 40. edit. 1626. A bridge lying in two several Counties, either must repair his part. Dal. 40. Buckstalls. One suspected to have offended against the statute, 19 Hen. 7. cap. 11. of deer-hayes, and buckstalls, etc. is to be examined by two justices of Q. Sessions, and being convicted by his own examination only, is to be imprisoned till he find surety for the forfeiture. 19 Hen. 7. 11. Lam. 535, 630. the tenth part whereof the justice examining shall have. ibid. Buggery. The sin of buggery with a man or beast, is felony. 25. Hen. 8. cap. 16. 5. Elis. 17. Lam. 227, 256, 421. Bull from Rome, vide Treasons. Burglary. Burglary is when one or two in the night time do break a dwelling house, or a Church, or the walls or gates of a city or walled town, with an intent to do felony, albeit they carry away nothing. Dal. 223. Cro. 31. a. Lam. 260, 261, 403. The night is from sunset to sunrising. ibid. Lam. 258, 423, 424. What act shall make a burglary without entering into the house. Putting back the leaf of a window. Dal. ibid. Cro. 33. b. 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. ibid. Lam. 16. Making a hole in the wall, and shooting one within the house. Dal. 223. Cro. 31. b. Lam. 263. The door being open, to put his hand over the threshold, and discharge a dag at any within. Dal. ibid. Cro. 32. a. Lam. 264. They within cast out their money for fear, and they without carry it away. Dal. 16. Cro. 31. b. Lam. 263. Without breaking the house. To set foot over the threshold with a felonious intent. Dal. 224. Cro. 32. a. To come down by a chimney. ibid. To come in by help of a key. ibid. Cro. 31. a. Lam. 263. To enter the doors being open, and the owner flying to his chamber, to shove at the chamber-door. Dal. ibid. Cro. 32. b. Lam. 263. If pretending to be rob, by help of the Constable for search they rob the owner. ibid. Lam. 264 If upon conspiracy with a servant, the servant openeth the door, and the thief entereth. Dal. 224. One entering, and the rest standing about the house, or not fare off. ibid. Lam. 265. What place makes Burglary. Public, as Church-walls, or gates of a city or town walled: Private, as a dwelling house if any be within. Dal. 224. Cro. 33. a. Lam. 260, 261. The family for part of the night is abroad, and in the interim the house is rob. Dal. 224. Cro. 33. a. A man hath two dwelling-houses, and 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. To break a chamber in a College or Inn of court, though no body is in the chamber. Dal. 225. Cro. 33. a. Lam. 262. Breaking a barn or stable near to a dwelling house, to the intent to steal. Dal. ibid. Cro. 32. Lam. 262. Robbing a back house. Dal. ibid. To enter to ravish a woman. Quaere Dal. 225. The host of an Inn breaking into his guest's chamber to rob him. Dal. 253. edit. 1626. What not. Entering only with intent to beat. Dal. 225. Lam. 264, 265. Breaking and departing without entering. Lam. 262. but it is felony. ibid. Lam. 261. it is not burglary in one under 14 years of age. Dal. 226. Nor in poor persons that upon hunger break and steal under the value of 12 pence. Dal. ibid. Nor in natural fools, or non compos mentis. ibid. Burning. Malicious burning of houses, being dwelling-houses, or barn with corn, is felony. Dal. 238. Lam. 267, 403. Lam. 266, 424. Burning of an empty barn in the night feloniously, if it be nigh a dwelling house. Dal. ibid. Lam. ibid. All burning that proceedeth of a former burning that was malicious, is felony. Lam. 266, 267. Burning of a stack of corn feloniously. Dal. 238 Butchers. Butchers, vide Victuallers. Butcher gashing a hide whereby it is hurt, loseth 20 pence. 1. Jac. 22. Lam. 462. Butcher's watering any hides, except in June, July, or August, lose 3 shill. 4 pence an hide. ibid. Butcher or any other killing calves to sell under 5 weeks old, loseth 6 shill. 8 pence a calf. ibid. Or killing any weanling bullock, steer, or heifer, under the age of two years. Lam. 453. 24. Hen. 8. 9 Butter and Cheese, vide Victuals of transportation. Butts. Inhabitants of a town, not continuing their butts as they ought, are to lose for every 3 months 20 shill. 33. Hen. 8. cap. 9 Buying and selling, vide Cattell. Calves and Kine. ANy killing calves to sell under five weeks old, lose for every one 6 shillings 8 pence, 5. Elis. 24. 1. Jac. 22. Any feeding in his own ground fit for milch kine, wherein none hath common above 120 sheep more than for his own provision, must raise one calf for every 60 sheep or lose 20 shillings a month for each calf, and keep one milch cow for every ●0 oxen, runts, etc. so fed, if he feed above 20. And for every two milch kine must rear one calf yearly, except it die upon the like pain. 2. & 3. P. & M. 3. Elis. 25. Lam. 429. Lam. 453. Offences against this statute are determinable at the quarter Sessions. Captains. Any Muster-masters taking reward for discharging any from service, lose 10 times so much or 20 pound. 2. E. 6. cap. 2. Lam. 482, 483. Captains or others having the charge of men for war, keeping back part of their pay, lose to their soldier triple so much as is not paid: or for gain licensing any to departed, lose 10 times the gain. ●. E. 6. Ibid. Vide plus Travelling. Caps, stat. repealed, 39 Elis. 18. Castle, vide Felony. Cattles. Buyer of live oxen, runts, steers, kine, calves, sheep, lambs, kids and goats, if he fell them within five weeks after, loseth the double. 5. E. 6. cap. 14. Lam. 452. Certificate. Recognizance and release of the Peace both are to be certified at the next quarter Sessions. 3. H. 7. 1. but no pain by the statute to the Justice if he do not. Cro. 139. a. Dal. 144. Lam. 111. One that is bound to the Peace maketh default at the day of his appearance, the recognizance default of his appearance must be certified into the Exchequer, King's bench, or Chancery: So if it be presented that he hath broken the Peace. 3. H. 7. 1. Lam. 555. Lam. 589. Sheriff must certify to the Justice of the next Sessions, indictment lawfully found and taken at his turn or lawday. 1. E. 4. 2. Clerk of the Crown must certify the name of any that have been out lawed of felony, or Clerks convicted or attainted upon the letter of a Justice of Peace, or lose 40 shillings. 34. H. 8. cap. 14. Transcript of every attainder, outlawry, or conviction had before the justice of Peace, must be certified into the King's bench by the Clerk of the Peace within 40 days after the attainder, if it be in Term; if not, within 20 days after the beginning of the next Term, on pain of 40 shillings. 34. H. 8. cap. 14. Clerk of the Peace must certify to the Ordinary a transcript of the Clerks conviction, or attainder. 34. H. 8. 14. Quaere, because the 18. Elis. they be not delivered to the Ordinary. Lam. 554. Lam. 558. Custos Rotulorum of the County where one is attainted as principal of felony, upon writing of the justices of the goal-delivery or Oyer and Terminer of another County where one is accessary unto the other, must certify what is done with the principal. 1. E. 6. 24. Lam. 588, 589. Lam. 554. Where the justices are to receive indictments and no power to proceed upon them, they must certify them into the King's 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. Elis. 1. Lam. 590. Presentments that goods and chattels of one attainted of felony be in others hands, it is to be certified in the King's bench, or Exchequer. Lam. 590. Recognizance of an Alehouse-keeper must be certified at the next quarter Sessions after the taking, or the justice lose 5 marks. 5. E. 6. 25. Certificates of dockets, of Purveyors, vide Purveyors. Certificate of transcripts of Records of the Sessions into the King's bench, vide Clerks of the Peace. Certificate of Riots, vide Riots. Certificate of Certiorari, vide Certiorari. Certificate of Examinations, vide Examinations. Vide plus Recognizance. One bound to the Peace maketh default of appearance at the next quarter Sessions, the Recognizance with the Record of the default must be certified into the Chancery, King's bench, or Exchequer. 3. H. 7. 1. Lam. 589. 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 erroneously. Lam. 591. Lam. 556. A Certiorari issueth out of the Chancery, and the Records are removed thither and sent thither by Mittimus to any other court. Lam. 591. Lam. 55. Certiorari to remove matters of the Crown, need not contain the cause of the removing. Certiorari out of the Chancery hath in Cancellaria out of the King's bench nobis mitta. Dal. 368. Cro. 132. a. Certiorari may command either the Record itself or the tenor of the Record. Dal. 368. Cro. 13. b. Lam. 515. Certiorari is to be directed to the justice. Lam. 545. justice of Peace ought upon Certiorari to remove the Record, though the party that brought the Certiorari sueth not after to have it not removed. Dal. 368. Cro. 132. b. & 133. Lam. 516. An indictment may be removed upon a Certiorari bearing date before the indictment was taken. Dal. 369. Cro. 132. b. 164, 167. b. Lam. 510. A certificate of a Certiorari aught not to omit that which did authorise the justice to make the Record, neither ought they to certify more than the Certiorari warranteth them. Lam. 516. If the Certiorari from the Record, the justice need not to certify. Dal. 368. Cro. 132. b. A Certiorari is to send up the indictment of 〈◊〉 in which others are jointly indicted, the justice need not make certificate of any but of A only. Dal. 368. Cro. 132. a. Lam. 517. A justice may without Certiorari send into the King's bench a Recognizance of the Peace, an indictment found before him, or a force recorded before him. Dal. 368. Cro. 132. b. 133. b. but not without Certiorari if he be put out. ibid. No bills of indictment, riot, forcible 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 10 pound to the prosecutour with such sureties as the Justice shall allow, to pay within one month such costs and damages as the said Justices shall allow, otherwise the Justice to proceed to trial. 21. Jac. 8. Dal. 214. Edit. 1626. Vide plus Certificate. Challenge. One indicted of felony may challenge as many as he will, showing cause: but without cause he may not challenge above twenty. 22. H. 8. 14. Lam. 523. Lam. 554. What shall be a good challenge for a Juror. That he was an indictour of him. Lam. 522. Lam. 554. That he hath not lands to clear yearly value of 40 shill. Lam. ibid. In cities and boroughs that he hath no goods movables worth 40 pound. Lam. ibid. That he is not Probus & Legalis, as if he be attainted of felony, forgery, perjury, etc. Lam. 522. Lam. 554. 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 fined. 33. E. 1. Lam. 441. Chancemedlie, vide Homicide. Chastisement, vide Correction. Church and Churchyard. Maliciously to strike with a weapon in the Churchyard, or to draw a weapon to that end, is loss of one of his ears, or to be marked with the letter T. 5. Ed. 6. 4. Lam. 399. Lam. 419. To keep fair or market in the Churchyard. ibid. Stat. Wint. 13. Ed. 1. Lam. 419. Conviction of any upon the statute 5. Ed. 6. 4. may be by the justices of Peace at their quarter Sessions by verdict, testimony of two, or by confession. 5. Ed. 6. 4. Execution of the forfeiture upon the statute of striking in Churchyards to be awarded by the justice of Peace before the conviction. 5. Ed. 6. 4. Churchwardens. Churchwardens and Constables or one of them, or where none be, the Constable of the hundred must once every year present at the quarter Sessions the monthly absence from church of Popish recusants and the names of every of their children of 9 years old and above abiding with their parents, and as near as they can the age of their children and the names of such recusants' servants. 3. Jac. 4. Lam. 437. penalty 20 shillings. Vide Recusants. Churchwardens are to gather for the prisoners, vide Prisoners. Churchwardens and Overseers of the poor are yearly to make account 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. 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 monthly met to take order for the poor. 7 If they have assessed the inhabitants and occupiers of lands, and in their parish, and such as are of ability with indifferency. 8 If they have endeavoured to levy and gather such assessments. Dal. 72, 73. Defaults in any the premises is 20 shill. ibid. Churchwardens and Overseers refusing to make a true account to the Justice of all such sums of money, or denying to pay the arrearages, to be committed to the goal without bail till account made & the arrearages paid to the new Overseers. Dal. 73 Churchwardens and Constables yearly upon Tuesday or Wednesday in Easter week, must call together the parishioners, And first choose surveyors for the highways. Dal. 5●. 2 Appoint six days for that purpose, to be before Midsummer next following. ibid. 3 Give notice of the said six days openly in the Church the Sunday after Easter. ibid. Clerk of the Peace. Clerk of the Peace must be present at the Sessions, to read enditements and enrol the acts of the Sessions, as also to draw process. Lam. 337. Lam. 393. Clerk of the Peace must record proclamations for the rates of servants wages, and enrol the discharge of apprentices. 5. Elis. 4. ibid. He must keep the counterpain of the Indenture of armour. 4. & 5. Ph. & Mar. 2. And the books of licenses given to Badgers and loaders of corn. 5. Elis. 12. Lam. 393. And of those that are licenced to shoot in guns. 2. Ed. 6. 12. He must certify into the King's bench transcript of enditements, outlawries, attainders, and convictions had before the Justice of Peace within the time limited. 34. Hen. 8. 14. Lam. 588, & 593. Recognizance of the Peace is brought into the Custos Rotulorum, and the party grieved will not sue it, the Clerk of the Peace may call upon it for the King. Lam. 394. The office of the Clerk of the Peace is in the gift of the Custos Rotulorum. 37. H. 8. 1. Lam. 394. What Records the Clerk of the Peace is bound to certify, vide Certificate. The Clerk of the Peace his fees, vide Fees. He must record presentments for not coming to Church, and the certificate of not taking the oath of Allegiance. 3. Jac. 4. Lam. 393. Clerk of a Justice his fees, vide Fees. Clerk of the Crown, what records he ought to certify, vide Certificate. Clerk of the Market. Clerk of the Market taking money to dispense with faults, riding with more than six horses, tarrying longer than is necessary, loseth for the first offence 40 shill. for the second 10 pound, for the third 20 pound. 13. R. 2. 4. Clergy and Sanctuary. One Justice of Peace may take out of the Sanctuary him that is abjured thither, being indicted 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 indictment is found, till he be tried. 22. Hen. 8. 14. Breaking a house by day, and taking away any thing to the value of 5 shill. 29. Elis. 15. Lam. Conjurers or witches, their aiders and counsellors. 5. Elis. 16. Lam. 531, 564. In what offences Clergy is not allowable. Receivers or aiders of Seminary Priests or Jesuits. 27. Elis. 17. Lam. 563. Conspiring to burn, take, or raze any castle or bulwark of the Kings. 14. Elis. 1. Rape or ravishment, 18. Elis. 6. Lam. 564. Burglary 18. Elis. 6. Lam. 564. Carnally abusing a woman within the age of ten years. 18. Elis. 6. Lam. 564. Principal or accessary before the fact of taking away of a maid, widow, or wife, that hath lands or substance, etc. 3. Hen. 7. 2. and 29. Elis. 9 Lam. ibid. Buggery. 5. Elis. 17. Murderer. Poisoner of malice prepensed. Robbing in day, or nigh a highway. Horse-stealer. Churchrobber. Robbing of a house, any being in it. Robbing of booth or tent, any being in it. Lam. 365 Commander of Petty-treason. Commander of wilful murder. Of robbery in any dwelling house, in or near any highway. Stabbing one who hath no weapon drawn, nor stroke first, if he die thereof within six months. 1 Jac. 8. Lam. 565. To burn any barn having any corn in it. Lam. 565 Reporting false rumours against the King, devising or writing seditious or slanderous matter against the King. 23. Elis. 2. Soldiers departing without licence of their captain. Lam. 565. Soldiers or Mariners which wander begging. 39 Elis. 17. Exceed the time of their licence. ibid. Forge, or use forged licence, knowing it. ibid. The second conviction for forging false deeds. 5. Elis. 14. Privily to take away goods or money above 12 pence from the person of another. 18. Elis. 4. Calling himself an Egyptian, or keeping them company contrary to the statutes. 1. & 2. Ph. & Mar. 4. 5. Elis. 20. Lam. 556. A confined recusant refuseth to abjure the realm, or will not go, or returneth without licence. 35. Elis. 1. 2. To what persons Clergy is grantable. To a bastard. To bigames. To whom not grantable. Women, vide Women. One that hath had it formerly, except he be within holy orders. 1. E. 6. 12. Lam. 530, 563. In what cases Clergy is allowable. Clergy shall be allowed in all cases, saving such as are mentioned 1. Ed. 6. 11. or special since that time taken away. Clergy shall be allowed but once. 4. H. 7. 13. A woman convicted of felony above 12 pence, and under 10 shill, wherein a man may have his clergy, shall be burnt in the hand with T and whipped. 21. Jac. 6. Upon an attainder by outlawry, Parliament standing mute, challenging peremptorily above 20 shill. where the statute taketh it away upon conviction by verdict. Quaere Lam. 535. Lam. 567. A Justice of Peace may give clergy to a fellow, if the Ordinary be present; but they cannot fine the Ordinary for his offence, but must reprieve the prisoner. Lam. 520, 551. If the indictment doth not directly agree with the words of the statute that taketh away clergy, the prisoner may have his clergy. Lam. 534. Lam. 566. After conviction and clergy allowed, and the party burnt in the hand, he may be indicted of another felony. Lam. 527. Lam. 559. When any man hath privilege of clergy, as a clerk convict, and also in all cases of felony wherein the benefit of clergy is restrained, excepted, or taken away by statute (wilful murder and poisoning of malice prepensed, excepted) any Lord of the Parliament, or Peer of the Realm sitting in Parliament, shall upon his request and prayer, alleging that he is a Lord or Peer of the realm, though he cannot read, without burning in the hand, loss of inheritance, or corruption of blood, be adjudged for the first time only as a clerk convict. ●. Ed. 6. 12. But in all other cases wherein clergy is taken away by any statute since 1. Ed. 6. he is in the same degree as a common person. P. R. 2. ●3. Cloth. Every justice beyond Trent hath some power in searching out the deceit of straining or stretching those country clothes. 39 Elis. 20. Any justice of Peace next unto any Town corporate or City beyond Trent, is to join with the City or Town in appointing overseers for cloth. ibid. Two justices of Peace must appoint yearly overseers of cloth sold in Towns corporate, and to swear them to see execution of that part of the statute which is yet in force. 3. E. 6. 2. Lamb. 348. Lamb. 359. One commanded by two 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 shill. one half to the two justices. ibid. Lamb. 335. Two justices of Peace may dispose the money rising of deceitful cloth stretched. 39 Elis. 20. 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 Phil. & Marie 5. 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. 6. Lamb. 348. Lamb. 359. justices of Peace faulty in executing the statute against the deceitful stretching of Northern cloth, lose 5 pound. 39 Elis. 20. Clothier must set his seal of lead to the cloth, to declare the length, to be tried by water, or be fined. 3. Ed. 6. 2. Lamb. 442. Lamb. 469. Cloth is not to be stretched above a yard and a half in length, and half a quarter in breadth, not to shrink more in wetting, on pain of 40 shill. ibid. brown's, Blewes, Pewks, Tawnies and Violets, must be perfectly boiled, grained, or maddered upon the woad, and shot with good cork or orchall, otherwise the dyer loseth 20 shill. for every offence. 3. E. 6. 2. Lamb. 442. Lamb. 469. Wool for Russets, Marbles, Gray's, Bays, or for hats or caps, must be perfectly woaded, boiled, and maddered, or lose 20 shill. every Cloth or Wool for a cloth. ibid. Dying with Brazill, thereby to make a false colour, is loss of 20 shill. a time. 3. E. 6. 2. L. 443, 469. Putting Flax, Chalk, Starch, or other deceivable things upon any cloth, except Devonshire and Cornwall straits, loseth 40 shill. a time. Selling Cloth by less measure than after the true contents by the yard and inch, loseth 6 shill. 8 pence a yard. ibid. Putting to sale Cloth pressed to be used in England, Wales, or Ireland, loseth the Cloth or value. ibid. Refusing to be searchers of Cloth, or neglecting to search once a quarter, loseth as the offenders. ib. Interrupting the search of Cloth, is loss of 20 pound. ibid. Kentish Cloth above 6 pound price must contain betwixt 28 and 30 yards in length being wet, and 7 quarters broad within the lists, and being well dressed, must weigh 76 pound, or lose 20 shill. for want of length and breadth, and so much for wanting of 4 pound of the weight. 5. E. 6. Lamb. 443. Lamb. 470. Deceit in linen Cloth, whereby it is become worse for good use, is loss of Cloth, fine, & imprisonment for a month. 1. Eliz. 13. Lamb. 444. Lamb. 471. Offences against the statute, concerning the stretching of Northern clothes, to be presented by the overseers at the next Q. Sessions after the offence, and there to be heard and determived. 39 Eliz. 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 I. of Assize. Commission of the Peace. The commission of the peace is determinable at the Pr. pleasure, either by express word, implication, or death, or by the presence of higher power, or by occasion of another office, as to be made Sheriff. Lamb. 63, 68 Lamb. 66, 67. Commission granted hac vice tantùm, is determined after once sitting, if they do not adjourn the same. Lamb. 67. Lamb. 71. A new commission of the Peace hac vice tantùm, will determine the old. Lamb. 64. 70. Lamb. 68 A commission of the same kind in the same limits to other commissioners without word of discharge, is a revocation of the former by implication. Lamb. 64. 69. Dal. 8. Crom. 189. a. Lamb. 67. A proper justice is made within a special liberty, without words of prohibition, the justice of the shire may meddle there. Lamb. 64, 69. Lamb. 68 The making of a new commission is no determination of the old, till it be read or proclaimed at some Session or in a full county, Lamb. 65, 70. or at the Assizes, Dal. 8. Lamb. 69. The old commission determining by a new, no process or suit hanging before the old commissioners, is discontinued thereby. Lamb. 66, 71. Dal. 9 Cro. 189. Lamb. 69. Accession of a higher title taketh not away the authority of a justice of Peace. Lamb. 66. Dal. 9 Cro. 188. a. Lamb. 70. A new commission to hear and determine felonies, determineth the old commission of the Peace, but not concerning the Peace. Lamb. 72. A justice of Peace, in making justification by virtue of his office, needeth not to show the commission of the Peace, because the keeping thereof belongeth to the Custos Rotulorum. Lamb. 387, 388. Commons. Commons in forests and elsewhere, must be driven yearly within 15 days after Michaelmas by the owner or officers, on pain of 40 shil. a time. 22. H. 8. 13. Lamb. 466. Vide plus Horses. Common Prayer. If any Minister have refused to use the Common Prayer, or to minister the Sacraments according to the Book of Common Prayer, or wilfully standing in the same have used any other form in open prayer or in administration of the Sacraments, or spoken any thing in derogation of the said book or any part thereof, for the first offence it is loss of the spiritual living for a year, and imprisonment for 6 months without bail: for the second, deprivation and imprisonment for a year: for the third, deprivation and imprisonment all his life. 1. El. cap. 2. 23. El. Lamb. 348, 402. L. 417. Any having in play, song, or rhythme, or by any open word spoken in derogation of the book of Common Prayer, or any thing therein contained, or having caused or maintained any Minister to say any other Common Prayer, or minister Sacraments in other manner, or interrupting any Minister to say open prayer, or administer the Sacraments according to the said book, he loseth 100 marks or 6 months imprisonment without bail for the first offence; and for the second, 400 marks or 12 months imprisonment; and for the third, all his goods & imprisonment for his life. ib. Concealment, vide jurours. Confession. After a free confession of an indictment, and submission to find in an action at the party's suit, for the same trespass, he shall not plead not guilty: otherwise of a confession sub modo, as when he putteth himself sub gratia Regis. Lamb. 500, 501, 511, 512. Lamb. 530. Quaere whether if he once make a sine, he shall not be estopped to plead not guilty also. Whether the Iust. of Peace may drive the party either to an absolute confession or to his traverse. ib. The voluntary confession of an offender against the statute, 1. Jac. 9 4. Jac. 5. before a justice of Peace is a conviction, and after confession his oath is sufficient proof against any other offending at the same time. 21. Jac. 7. Dal. 26. Edit. 1626. Conjuration. Conjuration of wicked spirits is felony. 5. Elis. 16. 231, 399. Lam. 227. Vide plus: Witchcraft. Conservers of the Peace. Coroners are conservers of the Peace, and may in some cases imprison. Lam. 378, 381. Lam. 131, 395. Constables. Every Constable at the Common law before the statute 3. Hen. 7. 3. and 1. and 2. Phil. & Mar. might bail one suspected of 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 hands on two intending to fight, till weapons drawn, or offer of blow. Lam. 132. Constable hurt in parting an affray, may have an action against the affrayer; so may any other officer: but the affrayer can have none against them. Lam. Const. 15. Lam. 125, 135. Lam. 132, 133. Constable or officer presented at the Sessions for not endeavouring to part an affray, being present, shall deeply be sinned. Lam. 121, 136. So if he be told of it being absent. Dal. 32. & contrà, Cro. 146. b. Two fight in an house the doors being shut, the officers may break open the doors to see the peace kept. Lam. ibid. Lam. 133. Constable taking an affrayer must imprison him in the stocks, not in his house; and that till he may provide to carry him to the goal, Lam. ibid. or to a Justice of Peace. Dal. 28, and 30. Lam. 133, 125. Constable or Justice, if need be, may command aid of the King's people for pacifying an affray, Lam. 126, 137. Lam. 134. Constable or officer may defend himself, and apprehend and imprison the party that shall make an affray upon him. Lam. ibid. Dal. 30. Crom. 147. a One Justice of Peace may command, that two constables be chosen in each hundred. Lam. 175, 190. Lam. 186. Vide plus Affray, Arrest, Rogues. High-constables, at their petty Sessions, for an affray made in disturbance of the Court, may imprison the offenders. Dal. 3. edit. 1626. Cook 11. 43, 44. Choosing of High-constables useth to be at the Qu. Sessions; if out of Sessions, by the major part of the Justices of that division where they dwell, and use to be sworn at the Sessions, or by warrant from the Sessions. Dal. 44. edit. 1626. Conventicles. Those are sometimes called conventicles wherein many do impart with others their meaning to kill a man, or to take another's part in all things. Lam. 163, 173, 177. Champerty also, maintenance, conspiracies, confederacies, and giving of liveries other then to menial servants and officers, be contained under the word conventicles. Lam. ibid. Coneys, vide Hunting. Corn. Certificate of one Justice of Peace joined with the customer of the place of unlading and selling of corn, grain, or cattles carried by water from one place to another of this Realm, unto the customer and controller of the place where the same was embarked, is sufficient upon the statute of forestall. 5. Ed. 6. 14. 13. Elis. 25. One having sufficient corn, buying seed, without bringing so much as he buyeth, to sell the same day as the market goeth, loseth double. 5. Jac. 46. 427, 433. Lam. 450. Vide plus Transportation. Cutter and carrier's away of corn, vide Hedgebreakers. Coroners. Coroners ought to certify their inquisitions at the general goal-delivery, and not at the Sessions. 1. and 2. Ph. & Mar. 12. Lam. 378, 380, & 395. Coroners being parties to the exigents, and Judges of the outlawry, aught to be present at the Sessions. ibid. Coroners are conservers of the Peace, and may in some cases commit men to prison. ibid. Coroners may be convicted of offence against the statute of 1. Hen. 8. 7. Lam. 413, 517. Lam. 434. touching extortion, or not executing their offices before a Justice of Peace. Cro. 130. Coroners fees, vide Fees. Cottages. Any erecting, or converting any dwelling to be used as a cottage for dwelling, unless he lay four acres of his own freehold inheritance lying near to the said cottage, to be continually manured therewithal so long as that cottage shall be inhabited, except in a city, corporate or market town, or ancient borough, or being the dwelling house of minerals, coal-mines, quarries of stone or slate, makers of brick, tile, lime, or coal, not being above a mile from the works, and only used for the habitation of such workmen, or for sailors, 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 of forests, 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 Assize or of the Peace in open Assizes or Qu. Sessions. 31. Elis. 7. 39 Elis. 3. 43. Elis. 2. Lam. 499, 456. Lam. 476. None to maintain or uphold any cottage, not having four acres to it, except as before. ibid. Owner or occupier of a cottage must not suffer more households than one to dwell in a cottage. 31. Elis. 7. except it be by order of the Justice at the Q. Sessions, with leave of the Lord of the waste at the charge of the parish, hundred, or county. 39 Elis. 3. 43. Elis. 2. Lam. 573, 589, 611. Offences against the statute of cottages and inmates, are to be heard and determined at the Q. Sessions. 31. El. 7. Lam. 575, 589, 614. and a decree may be made at the Q. Sessions for continuance of a cottage that hath not four acres of land. ibid. County. A Justice of Peace in one County, pursuing a fellow into another County where he is taken, he shall be committed to the goal of the County where he was taken. Cozeners and Cozenage. Any falsely and deceitfully getting in possession money or goods of other men's in colour of false privy tokens, or counterfeit letters, and convicted thereof at Q. Sessions by examination of witnesses, shall suffer any corporal punishment except death. 33. Hen. 8. 1. Lam. 420. 426, 505, 516, 536, 550, 572, 588. Cro. 83. a. 130. b. Two Justices of Peace, one being of the Quorum, may bind over to the next Sessions any such suspected person, or may imprison or bail them, until the next general Sessions. Dal. 37. One Justice of Peace (as it seemeth) may bind threatners to their good behaviour, so to the Assizes or Sessions, or send them to the house of correction. Dal. 48. Edit. 1626. Crosses, vide Agnus Dei. Crossebows and handguns. Every person may attach an offender against the statute 33. Hen. 8. 6. and carry him to the next Justice of Peace in the same county. Dal. 49. The Justice upon due consideration may send the offender to the goal, till he have paid the penalty of the statute of 33. Hen. 8. 6. The particulars of the said Statute. None under an 100 pounds per annum may shoot in, or keep gun, dag, pistol, crossbow, or stonebow, 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 pound per annum may seize the gun, and must break it, or lose 40 shill. if he break it not within twenty days, Lam. 454, 462. but may keep the crossbow or stonebow. Dal. 49. No person not having an 100 pound per annum, may carry in his journey any gun charged, or bow bend, but only in time and service of war, or going to the musters. None may shoot in a gun near to a market town, but in defence of his house or person, or at a but. The master may not command the servant to shoot, except at a but or bank of earth, or in war. Exceptions out of the Statute. 1 Shooting at a but or bank of earth by servingmen, whose masters are enabled by statute. 2 Inhabitants of market towns. 3 Dwellers alone, or near the seaside. 4 Gunmakers or gunsellers. 5 Those that have placards may shoot according to their placards. Dal. 49, 50. Any under the value of 100 pound per annum licenced to shoot in crossbow or hand-gun, is to present his name to the next Justice, by him to be presented and recorded at the next Qu. Sessions, or else the Justice to lose 20 shillings. 2. Ed. 6. 14. Lam. 296, 299. Quaere if this be now in use. Lam. 330. Any licenced at Q. Sessions to shoot in hand-gun or birding-piece for hawks meat, is to shoot only at fowl not prohibited, and to be bound in 20 pound. 1. Jac. 27. Any two justices of Peace may commit to the goal for 3 months any that shoot with gun on bow at any Partridge, Pheasant, house Dove, Mallard, or at such fowl, or at any Hare. 1. Jac. 27. Currier, vide Leather. Customer, vide Corn. Custos Rotulorum. Custos Rotulorum hath the custody of the Records and of the Commission, and aught to see that they be brought to the Sessions. Lam. 371, 373. Lam. 387. Custos Rotulorum is always a justice of Quorum. Lam. 371, 372. Custos Rotulorum alone cannot summon a Sessions, seeing that he hath no more authority in that behalf than any of his fellows hath. Lam. 367. Lam. 382. Cutpurse. Taking of the goods of another to the value of 12 pence from his person into his own possession without assault or fear, is felony without Clergy. 18. Elis. 4. Lam. 267, 271, 401, 405, 534, 547. Lam. 270. Dal. 229. But it will not amount to felony unto death, unless the thing taken be of the value of 12 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. 229. Cro. 35. a. 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. 5. Lam. 400, 404. Lam. 420. Cutting of a pond head. Destroying of the head or dam of any pond, moat, sluice, or several pit wherein fishes are put by the owner thereof, or have wrongfully fished in any of the same, to the intent to take away the fish against the owners will. 5. E. 21. Lam. 424. Lam. 446. Dear and Deere-hayes. JUstice of Peace may not receive an indictment for killing a hart proclaimed, Lam. 477, 487. for the jurisdiction of it belongeth to the justice of the forest. 21. H. 7. 30. Lam. 505. One convicted of unlawful taking or killing of Deer must pay triple damages to the party, three months imprisonment, and after to remain there till he put in sureties for the good behaviour for 7 years. 5. Elis. 21. Lam. 538, 552. 3. Jac. 13. Lam. 571. To sell or buy to sell any Deer, Hare, Partridge, or Pheasant, except house Partridge or Pheasant, or brought from beyond the seas, loseth for every Dear 40 shill. every Hare or Partridge 10 shill. and every Pheasant 20. shill. 1. Jac. 27. Vide plus Hunting and Buckstalls. Demurrer. One indicted demurreth upon the evidences, the justices ought to record it. Lam. 508, 520. Lam. 539. Deputy. A judge cannot make a Deputy. Lamb. 60, 65. Lamb. 64. Divine Service. Any above the age of 16 years that repaireth not to his parish Church or Chappel accustomed; or to some usual place where Common Prayer is to be used upon every Sunday and other holidays, 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 Churchwardens to the use of the poor of the said parish, and to be punished by the censures of the Church 1. El. 2. It is lawful for one justice of Peace in the limit, division, or liberty where the offender dwelleth, in not coming to Church, 1. El. 2. upon proof of default, by confession of the party or oath of witness, to call the party before him; and for want of sufficient excuse and proof thereof to the satisfaction of the said justice, the said justice may give his warrant to the Churchwarden of the said parish under his hand and seal to levy 12 pence for every default by distress, in default thereof to commit the offender to prison till payment made. 3. Jac. 4. Vide plus Recusants and Sunday. Dog, vide Hunting. Vide Partridges and Pheasants. Drivers of commons, vide Commons. Drovers, vide badger's. Dyer, 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 months after the offence committed, lawfully convicted of drunkenness, loseth 5 shill. to be paid after conviction to the Churchwardens of the parish where the offence shall be committed; and refusing and neglecting to pay the same, to be by warrant from the justice convicting levied on his goods; if he be unable, to be set into the stocks 6. hours, and upon conviction of the second offence to be bound with sureties in 10 pound to his good behaviour. 4. 5. The officer charged is negligent in levying or in correcting, he loseth 10 shillings to be levied and disposed as the penalty itself. 4. Jac. 5. Churchwardens to be accountable to the use of the poor for the penalties by them received upon the statute of drunkenness, ibid. Constables, Churchwardens, and Tithingmen, in their oaths for their office are to swear to present offences against the statute of drunkenness. 4. J. 5. Offences against the statute of drunkenness to be inquired after and presented before the justice of Assixe or justice 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 subject to arrest for the Peace, but when they be attendant on divine service. Lam. 88, 95. Lamb. 93. Dal. 294. Vide plus Treason. Eggs of wild fowl. Eggs of any wild fowl usually eaten, taken from the place where they were laid, or destroyed betwixt the first of March and the last of june, one year's imprisonment, and lose after a rate for each egg. 25. H. 8. 11. 3. E. 6. 3. Lam. 429, 435. Lam. 453. To take away the eggs of any Hawk out of the woods or ground of any other person, three months imprisonment, and bound to his good behaviour for 7 years. 5. Elis. 21. Lam. 424. Lamb. 446. To take or cause to be taken upon his own or other men's grounds the eggs of any Falcon, Goshawk, Lanner, or Swan, one year and a day's imprisonment and fine. 11. H. 7. 17. Lam. ibid. Taker or willing destroyer of eggs of Partridge, Pheasant, 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 Churchwardens of the parish in one of the places to the use of the poor 20 shill. 1. Jac. 27. Vide plus Partridges, Pheasants, and Fowlers. Egyptians. One justice of Peace may within one month 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 moiety, accounting in the Exchequer for the other, restoring to them again their goods that prove by two witnesses that they were craftily or feloniously stolen from them, upon pain of forfeiture of double the value to the prover. 22. H. 8. 10. Lamb. 183, 200, 232, 255, 355, 357, 407, 412. Dal. 38. Lamb. 195, 228, 371, 429. After the month it is felony, and then they shall have the whole. 1. & 2. P. & M. 4. Quaere whether the stat. 22. H. 8. be still in force or altered by the statute of 1. & 2. P. & M. Embezeling of records, vide Records, Embracer, vide Maintainer. Enditements. indictment is the verdict of jurours that be charged to inquire of that offence that is presented by them. ibid. All Enditements ought to contain certainty, and therefore five principal things be requisite in presentments. Lamb. 459. Lamb. 487. 1 The name, surname, and addition of the party indicted. 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. Lamb. 460, 461. Lamb. 487. indictment of the accessary to folony, must contain the name of the principal. 461, 470. Lamb. 488. Misnamer in an indictment shall not be made good by an alias dictus. Lamb. 463, 472. Lamb. 490. Where the name of the party offended cannot be known, it may be cujusdam ignoti, because of the K. advantage thereby by forfeiture. Lamb. 467, 476. Lamb. 494. Any certainty whereby the day and year may be known is sufficient. Lamb. 464, 473. Lamb. 491. An offence done before midnight must be supposed the day before; if after, than the day after. Lamb. 465, 473, 492. One striketh one day, whereon he languisheth, and dieth on another; the indictment must suppose the last day on which he died. Lamb. 464, 473. Lamb. 491. indictment supposing the fact done a day not come, is not good. 464, 474. Lamb. 492. indictment or presentment for an omission, as A hath not scoured such a sewer, needs not to set down day nor year. Lamb. 465, 474. Lamb. 492. indictment supposing an offence done at two several times, not good. Lamb. 465, 474. L. 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 indictment is void. 9 H. 5. 1. 18. H. 6. 12. Lamb. 465, 475. Lamb. 493. If the stroke or poisoning be in one county, and the death in another county, the indictment in the county where the death is shall be good. Lam. 466, 475. 2 & 3. Ed. 6. 24. Lamb. 493. Certainty of the person to whom the offence is done. Lamb. 467. Lamb. 494. The goods of a Parson of a Church, bona Rectoris. The goods of the Church, Bona Parochianorum in custodia Gardianorum. The goods of Mayor and commonalty, and the Mayor dieth before the indictment, bona Communitatis: but inquire of that, because they have no such name of corporation. Goods taken in a man's life time, and he maketh executor and dieth, bona Testatoris. Goods taken after his death, Testatoris in custodia executorum. Goods hanging over a Tomb, Executoris. A Grave-stone, bona Ecclesiae. My goods are taken by a trespasser and taken from him again, the indictment shall be bona of him that had the last possession. L. 468, 478 L. 496. Of the owner in the keeping of the bail, where they were taken from the bailie. L. 469, 478, 496. Bona Capellae in Custodia, or bona domûs, or Ecclesiae tempore vacationis, is good. Lamb. ibid. The name of the thing must be comprised. L. ib. 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, etc. ibid. The value is to be declared in felony to make it appear petty larceny; in trespass, to aggravate the fault. indictment of things ferae naturae, as Dear, Hares, Partridges, or Pheasants, is not good, unless they be taken in a park or a warren that be liberties. Lamb. 469. Lamb. 497. Charters, their value cannot be esteemed. ibid. It must be said, Pretii. Of live things. Lamb. 460, 479. Lamb. 497. Of dead things in the singular number, ibid. Of things that go by weight and measure, 470, 479. Lamb. 497. Of coin not currant, ibid. It must be said ad valentiam of dead things in the plural number not going by weight and measure. Lamb. 469, 479. Lamb. 497. Coin counterfeited. 470, 479. 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. Lamb. 469, 479. Lamb. 497. Coin currant carrieth his value with it, ibid. The very manner of the fact, and the nature of the offence ought to be mentioned. Lamb. 470. Nature of the offence. Treason must have Proditorié. Murder Murdravit, which implieth ex malitia praecogitata. Lamb. 473, 482. Lamb. 500 Burglary, Burglariter. Felony, felonicé, ibid. so petty larceny, felonicè rapuit. Lamb. 473, 483. Lamb. 501. Furatus seemeth good without felonicé. In felony, cepit alone, or ab duxit, or asportavit. Lamb. 475. Lamb. 501. In trespass or felony the words contra pacem must be used. Lamb. 502. In forcible, vi & armis. ibid. Upon a statute, contra formam statuti hujusmodi casu editi & provisi. ibid. Where many statutes concern one offence, contra formam diversorum statutorum. Where after an acquittal one shall be indicted for the same felony. Where the first indictment was void for insufficiency of matter of felony. Lamb. 524, 537. Lamb. 556. Trial in a wrong county, ibid. Misprision of the party that should bring the action. Where the first indictment was as principal, the second indictment as accessary to the same felony after the fact: Lamb. 505, 538. Lamb. 557. Where he shall not be again indicted. Where the indictment was good. Though it were by another name, if he be known by both. Lamb. 523, 536. Lamb. 555. Though it suppose the same felony done in another year. Lamb. 537. Lamb. 556. Though the process was erroneous, ibid. indictment taken at the Sheriffs turn lawfully taken, must be taken by the Justice and by them received. 1. E. 4. a. Lamb. 476, 487. Lamb. 504. No indictment can be taken nor enquiry made but before two Justices, one to be of the Quorum. Lamb. 49. indictment upon penal statute, whereof the King is only to reap the forfeiture, must be within 2 years after the offence. And where a common person is, it must be within one year, except the statute do otherwise direct. Lamb. 469. Lamb. 487. Enquirie. Justices of Peace may only inquire and can proceed no further, as in 1 Certain offences against the supremacy 23. E. 1. 2 Treasons, and misprisions of treason, made by the 23. Elis. 1. 3 Offences against the statute of false rumours against the K. 23. Elis. 1. Enquirie of a forcible entry, vide Forcible entry. Enquirie by presentment, vide Presentment. Enquirie by examination, vide Examination. Enquirie by information, vide Information. Escapes. Constable arresteth one that hath hurt another, and voluntarily suffereth him to escape, and he that was hurt dieth thereof within a year and a day, the Constable shall make a fine to the value of his goods, but it is no felony. Lam. 126, 134. To suffer a fellow wilfully to escape, is felony; but a negligent escape only to be fined. 1. R. 3. 4. Lam. 490. Wilful escape of one arrested for larceny, manslaughter per fortunam, & se defendendo, is not felony, Lam. 226, 234. Dal. 241. Cro. 39 a. if the act were not felony at the time of the escape. Lam. 230. Wilful escape by the gaoler or keeper of a fellow, is felony in the gaoler, not in the fellow: if the escape be caused by a stranger, it is felony. Lam. 226, 229. 233. Escape suffered by him that receiveth a known fellow, is no felony. Lam. 226, 230, 234. Vide plus Prisoners. To suffer one to escape that is arrested for an act which was not then felony, but by matter consequent fell out so to be, is no felony, Lam. 234. but is fineable. Dal. 241. Cro. 39 a. Lam. 230. A prisoner under arrest only escaping, the escape must first be presented before he that suffered the escape shall answer it. Dal. 242. A Justice sendeth for a fellow out of the goal, and freeth him without bail; it is felony in the Justice. Dal. ibid. Cro. 39 b. A Justice pro defectu scientiae baileth one not bailable, it is but a negligent escape. Dal. 242. Cro. 39 b. Offender upon his examination before a Justice confesseth the felony, who letteth him go without commitment or bail; it is a voluntary escape, and so felony in the Justice. Dal. 260. Cro. 39 a. A town not walled must answer the escape of a manslayer in the day time. Dal. 256. Cro. 40. b. The hundred must answer for a man slain out of the town, and for insufficiency the county shall be charged. Dal. ibid. Goaler or other officer suffereth his prisoner to go abroad for a time, though the prisoner return as he was prescribed, or let his prisoner go by bail or baston; it is a negligent escape, and fineable: but Quaere, for prisoners ought to be kept in salva & certa custodia. Dal. 240. Voluntary 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. 241. A thief being in the custody of the Constable, doth suddenly hang, drown, or kill himself; it is a negligent escape. Dal. 270. Escheators. Escheator, other than those of a city or borough, that takes upon him the office, not having lands in the shire of 20 pounds per annum, or for life at least, or that hath sold or set to farm the office to one for whom he will not answer, and whose name he doth not certify within ●0 days into the Exchequer, shall be fined 40 pound. 33. H. 8. 22. Lam. 409, 414, 429. Escheator taking for execution of any writ in any county above 40 shill. or 40 shill. where the land is not held in capite, shall be fined 40 shill. 23. H. 6. 17. Lam. 410, 414, 430. Escheator taking above 15 shill. for finding out an office not exceeding five pounds a year, loseth 5 pounds. 33. H. 8. 22. Lam. 410, 415, 430. Eavesdroppers. Eavesdroppers which shall by night eavesdrop men's houses, are to be bound to the good behaviour. Dal. 161. Evidences. Justice of Peace must bind over informers for felony to appear and give evidence against the fellow at the next general goal-delivery. Dal. 39 Justice of Peace must bind such as declare any thing material to prove the felony, to appear at the next goal-delivery, and give evidence. Dal. 259, 261. Examination taken by a Justice of Peace in one county, may be certified into another county, and there read and given in evidence. Dal. 264. Estreats. Estreats are the extracts of fines, forfeitures, and amerciaments made by the Clerk of the Peace by indentures, the one delivered to the Sheriff, the other to the Barons of the Exchequer. Lam. 59●. Lam. 548, 562. Estreats of the penalty for shooting in guns, are to be recorded and sent into the Exchequer by the Justice that had the examination of the matter. Lam. 292, 295, 297. Sheriff or his minister that shall levy any of the King's debts, without showing the party the estreats under the Exchequer seal, shall be sinned and pay triple damages to the party. 24. E. 3. 9 7. H. 4. 13. Lam. 411, 416, 432. He that estreateth issues of others then were chargeable or charged, loseth five marks to the King 27. El. 7. Lam. 413, 417, 432. Examination. Felon brought before a Justice, must be examined before he be committed to prison, and the information of those that bring him must be put in writing within two days after, and the party bound to appear and give evidence at the next goal-delivery. 2. and 3. Ph. & Mar. Lam. 196, 207, 212. Before the statute, the examination of a fellow was not warranted at the Common law; for nemo tenetur prodere seipsum. ibid. but the offender shall not be examined upon oath. Dal. 264. Circumstances observable in examination of a fellow. Lam. 202, 213. Dal. 260. Lam. 218. In what offences conviction shall be by examination, vide the several offences. Conviction cannot be by examination only, but where the statute giveth it, either by referring it to the discretion of the Justices, or specially limiting it, Lam. 504, 515, 534. Where the statute limitteth conviction to be by examination general, a justice of Peace may examine as well the offenders as witnesses. Lam. 505, 517, 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. 265. 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. 268. Extolling foreign power, vide Treason. Extortion. Ordinary, Archdeacon, Official, Sheriff, Escheator, Coroner, Undersheriff, Bailiff, Gaoler, or other officer, that by colour of his office taketh more than his fee, or any fee or reward for expedition, or unlawfully exacteth any oath or other undue thing. Lam. 409, 414, 434. Any thing taken colore officii, is extortion; but virtute officii is allowable. Cro. 57 b. The Sheriff or Gaoler taking any thing of a Constable for bringing a fellow to the goal, it is extortion, 4. E. 3. 9 loseth 10 pounds. Cro. a. 58. b. If the Ordinary or his minister take any thing to allow a Schoolmaster to teach children. 23. Elis. 1. Cro. 58. a. 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 citing a lay person to appear in the Spiritual court to depose there as a witness. Cro. 59 b. Vide plus Fees. A man prescribeth to have 4 pence of every one whose beasts are taken in his ground damage pheasant being impounded, and to make amends to him at his will, it is extortion if he take it. Cro. 58. b. To take any thing for a mortuary, contrary to the statute, 21. H. 8. 6. where the goods come not to 20 nobles besides debts, or for married woman or infant, or one that keeps no house, or way faring man, or any that is not resident where he died, is extortion. Cro. 59 a. Fairs and Markets. HE that keepeth a fair or market in a Churchyard, shall be fined. Stat. Wint. 13. Elis. 1. Lam. 404, 419. Lamb. 339. False imprisonment, vide Arrest. False takers, vide Cozeners. Fees. The Sheriff shall have upon arrest by bill, 〈◊〉, or warrant, 20 pence; the Bailiff that maketh the arrest, 4 pence; the gaoler, if he be committed, 4 pence; and for the obligation 4 pence, and no more on pain of 40 pound. 23. H. 6. 10. Cro. 58. b. 176. b. Bailiffs of liberties are to have like fees as the Sheriffs and their ministers have out of liberties, and like punishment for extortion. Lam. 334. 27. H. 8. 24. Lam. 413, 418. Cro. ibid. Clerk of the Peace to be fined, For taking above 12 pence for inrolling a bargain and sale of lands not exceeding 40 shillings a year, or 7 shill. 6 pence if it do exceed 40 shill. a year. 27. H. 8. 16. Lam. 415, 420. 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 recognizance of one that taketh a rogue into his service for a year. 14. Elis. 5. ibid. For taking above 2 shillings for a licence and recognizance of a Badger, Drover, Lader, or Kidder, and registering the licence. 5. Elis. 12. ibid. For taking above 12 pence for a licence and recognizance to shoot Hawks meat. 1. Jac. 27. Clerk of a justice of Peace to be fined for taking above 12 pence for a recognizance of Alchouse-keeper. 5. E. 6. 25. Lam. 436. Coroner refusing to do his office of one slain by misadventure without fees, loseth 40 shillings. 1. H. 8. 7. Lam. 413, 418. Lam. 434. Coroner taking above 13 shillings 4 pence for doing his office of one slain and murdered, of the goods of the slain; if he have none, of the town where he was slain in the day, and was suffered to escape. 3. H. 7. 1. Lam. ibid. Mayor's to have for sealing Bushels and other measures, a penny. Weights, viz. a hundred weight, 1 penny; half a hundred, a half penny; less, a farthing; and taking above, they lose 40 shill. 7. H. 7. 3. 11. H. 7. 4. Lam. 416, 421. Lamb. 437. Parson, Vicar, or Curate taking above 4 pence for entering into the Church-book licence to eat flesh on fish-days. 5. Elis. 5. Or above 2 pence for registering a Testimonial of any servant going from one place to another. 5. Elis. 4. Lamb. 414, 419. Lamb. 435. Ordinary or his scribe or register, that hath taken more for the probate of a testament or letters of administration than 6 pence for the scribe for writing the probate of the testament that shall be brought written in parchment, and 6 pence for the administration where the goods be not above 5 pound; if above 5 pound, not above 40 pound, than 2 shill. 6 pence for the Ordinary, and 12 pence for the scribe; if above 40 pound, 2 shill. 6 pence for the Ordinary, and 2 shillings 6 pence for the scribe, or 1 penny 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 pound and so much as is taken to the party. 21. H. 8. 5. Lamb. 413, 414. Cro. 61. a. Lam. 434. Escheators fees, vide Escheators. Receiver, Treasurer, or minister of the King, that taketh of any that fee or pension of the King, other fee than is given by ancient laws and statutes, viz. 4 pence for payment of every sum, forfeiteth 6 shill. 8. pence. 35. H. 8. 7. E. 6. 1. Cro. 58. a. Taking above 4 pence for impounding one distress, loseth 20 pound. 1. & 2. P. & M. 12. Felo de se. A man that kills himself, either with a mediated hatred against his own life, or out of distraction or other humour, is felo de se, and forfeiteth his goods real and personal Chattels to the King, and debts due upon speciality, but not upon simple contract or without speciality. Dal. 208. An infant or non compos mentis kill himself, doth not forfeit, but a lunatic doth. Dal. ibid. Lam. 240, 243. Lamb. 427. All his goods shall be forfeited which he had at the time of the blow given, but not till his death be presented and found of Record. Dal. ibid. He forfeiteth no lands, nor is his blood corrupted. Dal. ibid. The inquiry of felo de se belongeth to the Coroner: but if the Coroner cannot have sight of his body, as being cast into the sea, or secretly buried, the Justices of Peace may inquire thereof, and a presentment before them entitleth the King to his goods. Dal. ibid. Cook 5. 110. Felony. Felonies are either by the Common law. Statute law. By the common law all kind of homicide not warranted, Burglary; the stat. burning of houses, rescous, and escapes. Dal. 207. Vide their several titles. Felonies by statute. The K. sworn servant conspiring to destroy the K. or any Lord of the Realm, or any sworn to the King's Council, or the steward, Treasurer, or Controller of the King's household. 3. H. 7. 14. Dal. 239. 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 scape going to the goal. Cro. 49. b. If under arrest for felony or suspicion, whether in the goal or out, it is breaking of prison. 1. E. 3. 17. Cro. 38. a. P. & M. 147. A stranger breaketh the prison, or openeth the stocks, or makes rescons of one imprisoned or arrested for felony, who escapeth; it is felony in them both. Dal. 239. Cro. 38. 1. H. 8. 7. 6. Quaere if a stranger disturb the arresting of a fellow. Dal. ibid. 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 sufferet●… the escape. Dal. ibid. If the prisoner escape by negligence of his keeper, it is felony only in the prisoner. Dal. ibid. Escape before arrest, is no felony, but the officer may be indicted and sinned. D. 239. L. 230. Cro. 39 a. 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 of eyes. Cutting pond, dike, or bank in Marshland. Conjuration or invocation of evil spirits. 1. Jac. 12. Consultation with an evil spirit, etc. Vide 1. Jac. 12. Embezelling the K. ordnance, armour, etc. to the value of 20 shill. though at several times. 31. El. 4. Embezelling of any record, writ, etc. 8. H. 6. 12. Rasing of a record. 1. R. 3. 9 These two belong not to J. of P. Forging of evidences, etc. the second time. 5. El. 12. Goaler enforcing his prisoner to become an approver. Hawks embezzled and not brought to the Sheriff. Hawks concealed or stolen from the owner. Hunting Dear or Coneys in the night, & 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 wife, the first living. 1. Jac. 11. Multiplication of gold or silver. Infected with the plague, going into company contrary to command. 1. Jac. 31. Wilful 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. Purveyour taking for the King's house any thing above 12 pence, 1 Without warrant under the great seal. Vide Dal. 278. Edit. 1626. 2 Buying any thing in any other manner than is contained in their warrant. 3 Taking any carriage in any other manner than 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 and purveyance by the testimony and apprizement by the Constable and 4 neighbours sworn, if the purveyour & owner cannot agree, and shall not deliver tales or indentures sealed with his seal testifying the same. 6 Or shall take more victuals or carriages than he shall deliver unto the King's house. 7 Or take sheep in wool betwixt Easter and Midsummer at small prices, or more than be sufficient for the K. house, and carry them to his own and shear them. In every of these cases it seemeth to be felony in such purveyour, their deputy and servants. A charter of any subject or officer taking any thing against the owner's consent, and not paying presently. 36. E. 3. 6. Incorrigible rogues banished the Realm, and returning without licence. 39 E. 4. Robbing house, barn, or stable in the day to the value of 5 shill. though no body be within, 39 El. 15. no Clergy. Robbing any house by day or by night, any person being therein, and thereby put in fear, ibid. without Clergy. Robbing any person in part of his dwelling, any of his household being within, ib. without Clergy. To rob any Booth in fair or market, any thing thereto belonging being within, sleeping or waking, ibid. sans Clergy. Servant (other than an apprentice) to whom money, goods, or chattels, etc. are delivered to keep by master or masters to the value of 40 shill. do go away therewith or convert them to his own use, to the intent to sell the same or defraud his master or masters. 21. H. 8. 7. 5. El. 10. Dal. 231. Soldiers going out of the Realm to serve a foreign Prince, not having first taken the oath of allegiance. 3. Jac. 4. A gentleman or of higher degree, Captain, or other officer in camp going to serve a foreigner before he is bound with 2 sureties to the K. not to be reconciled to the Pope, etc. nor to make nor consent to any conspiracy against the K. 3. Jac. 4. Soldiers having taken press-money, not going with their Captain; or being in service, departing without licence. 18. H. 6. 19 Mariners and gunner's taking press-money to serve the King, and departing without licence. 5. El. 5. Soldiers and mariners which settle not themselves to some good course of life, but wander idly. 39 Elis. 17. Soldiers and mariners landing, and not having a testimonial from some Justice of Peace near their landing. ibid. 2. Or exceeding the time limited, wilfully, 14 days, Vide 43. El. 3. that they shall be punished as rogues. 3 Or forge or have forged testimonial, knowing it to be forged. 4 Or being contained in service after arraignment, doth departed within the year without the master's licence. 39 Elis. 17. Transporting live sheep, the 2 offence is felony. 8. Elis. 3. Ravishing a woman with force, though consenting afterward, 13. E. 1. 133. All abbettors in rape and principals. Dal. 248. Cro. 47. b. To ravish a harlot against her will, is rape. ibid. To take any maid, widow, or wife having lands or goods, or being heir apparent to her ancestor, against her will, unlawfully. And to receive any knowing them, or to procure and abbet the same. 3. H. 7. 1. Dal. Cro. ibid. To abuse a woman carnally under ten years of age. 18. Elis. 6. To take a man's wife with her husband's goods against her will, or her husbands, West. 2. 34. Dal. 248. Cro. 35. Feloniously to take goods out of any Church or Chappel. Lam. 400. A woman delivered of a bastard, doth by drowning or secret burying thereof by herself or 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. 2. Jac. 17. To acknowledge any fine, recovery, deed enrolled, statute, recognizance, bail, or judgement in the name of another not privy to the same, i● felony without Clergy. 21. Jac. 26. Felony of his own goods, vide Theft. Ferrets, vide Hunting. Fewell. One Justice of Peace may set on the Pillory in the next market town to the place of offence, any person convicted of breaking the assize of fuel, and not able to pay the forfeiture, there to be at 11 of the clock on the market day with a billet or faggot bound to some part of his body. Quaere whether one Justice may convict him alone. 7. E. 6. 7. Lam. 184, 201. Lam. 296. Fines. Fine taketh his name of the Latin finis, for that it maketh an end with the King for the imprisonment laid upon the offender for the offence committed against him. Lam. 541. Lam. 574. Upon payment of the fine, or upon pledges found a Recognizance to pay it, the offender ought to be delivered. Lam. ibid. The assignment of fine belongeth to the Justices before whom the conviction is lawfully had. Lam. 543, 576. Slander by when a man was slain, is to be imprisoned till he make his fine, because he did not his best to attach the murderer: so of other felonies. Lam. 124, 135, 285, 288. Lam. 132, 289. Fine upon a forcible entry or detainer upon offenders convicted of Record by a Justice of Peace, and by him committed to the goal, shall be assessed by the same justice, and upon bonds with sureties he may enlarge them. Tamen Quaere and estreat it, and send it into the Ezchequer, 162. but it is best to leave the fine to the discretion of the King's bench. Lam. 150. 163. Lam. 159. Dal. 43. Upon conviction for offences, where no fine certain is limited, no fine can be assessed till the offender be brought in by Capias pro fine, or otherwise, unless it be for Alehouses and highways. Lam. 540, 554. Lam. 573. Where any statute speaketh of fine and ransom, the ransom ought to be at least triple the fine. Lam. 542, 556, 575. Where the statute maketh an offence fineable in general terms, or at the Kings will, the justices of Peace before whom the conviction is had, may assess the fine, 543, ●57. which is fittest to be done in open Sessions. Lam. 544, 558, 576. Fines upon the statute of tiles, of crossebows, and of alehouses, by express words of the statute may not be altered. Lam. 545, 559, 578. Fines must be reasonable and just, according to the quality of the offence. 34. E. 3. 1. Lam. 544, 558, 577. After one is taken by a Capias pro fine, the justices of Peace are to assess the fine by their discretion, and to deliver the party. Lam. 541, 554, 574. Fines of rioters, vide Riots. Fines of Brewer, Baker, Tipier, vide Assize of bread. Fish. Stealers of fish out of ponds, and curters of ponds heads, are to be bound to the good behaviour, and 3 months imprisonment. 5. El. 21. Lam. 12●, 424, 429, 446. If any cast nets into waters by which the fry of fish may be taken, or take Salmon betwixt the nativity of Marie and S. Martin, or young Salmon betwixt the midst of April and Midsummer, one justice may punish them for the first offence, by burning their nets and engines; for the second, by three months imprisonment; for the third, by one year's imprisonment; and for any of them, by fine at the discretion of the justice. 17. R. 2. 9 Lam. 134, 179, 430, 436, 557. Lam. 190, 454, 576. Forfeitures upon the statute, 3. Jac. 12. Where any offence is committed, in destroying the spawn or brood of sea-fish, a fine may be levied by distress and sale of the offender's goods, by warrant from one Justice of Peace to the Constables or Churchwardens. 3. Jac. 12. He that shall be preaching, teaching, writing, or shall notify upon open speech, that the eating of fish, or forbearing of flesh upon any days now usually observed for fish-days, is for necessity of salvation of souls, or is the service of God otherwise then other public laws be, shall be punished as spreaders of false news are and aught, etc. 5. El. 5. 2. Jac. 25. Lam. 442. Any publishing that eating of flesh on fish-days is necessary to salvation, or otherwise then as a politic law, is to be imprisoned. 5. El. 5. Lam. 425, 426, 442. Any except aged, sick, with child, or licenced, eating flesh in Lent, or on fish-days, loseth 20 shill. and one months imprisonment. 5. El. 5. 27. Elis. 11. Lam. 433, 458. Taverners, innkeepers, common tabling-house, tippler, or alehouse-keeper, offending against the statutes, 5. El. 5. and 2. Jac. 29. Against killing, dressing, and eating of flesh, is to lose the flesh, and the penalty of 5. Elis. 5. which is 5 pounds. 1. Jac. 29. Lam. 458. Forfeiture upon the stature, 1. Jac. 29. for eating of flesh, except such as be taken by the Justice of Peace, Mayor, Bailiffs, head-officers or Constables, are to be equally divided betwixt the King and the informer. 1. Jac. 29. Licence granted to sick persons to eat flesh on fish-days, shall be no warrant for them to eat beef, mutton, veal, pork, or bacon. 1. Jac. 29. Butcher or other, though licenced, killing in Lent to sell any ox, beef, hog, calf, or mutton, except three days next before Easter, or oxen, or beef for victualling of ships, loseth the meat or value. 1. Jac. 29. Justice of Peace, or head-officer of corporations, or Constables of towns, may in Lent search victuallers houses suspected of dressing flesh, and finding any flesh, beef, hog, calf, or mutton, may seize on it, and give it to the poor. 1. Jac. 29. Flax. Forfeiture due to the informer upon the statute, and hemp to believed by what process the Justice will. 24. H. 8. 4. Lam. 550, 565, 584. Flesh, vide Fish-days. Foreign power, vide Treason. Foreign plea, vide Trial. Force. Force is twofold. Every trespass in judgement of law is a force, and the action may be, Quare vi & armis. Dal. 166. Lam. 141. That which is properly force is either Manu forti, or Multitudine. Manu forti is violence offered to the person of another by deed or word. Dal. 166. By deed, as actual violence, or to be furnished with offensive weapons not usually born. ibid. Any thing which a man taketh in his hand to throw it at another, may be said to be armour. Cro. 74. b. Multitudine, when there be two or three in a company, or more. Dal. 167. Forcible entry. Forcible entry must be an actual entry. Dal. 168 If one or more come weaponed, especially with weapons unusually worn, and violently enter into an house or land. Dal. 167. Lam. 134, 135, 145, 147 Much more being entered, if he or they offer violence, or fear of harm to any in possession, or drive any out of possession. Dal. ibid. Lam. 142. Many come to do a force, and one only useth force, all are guilty. Dal. 172. Lam. 134, 143, 146. To enter peaceably, and forcibly to put out another. Dal. ibid. Lam. ibid. To enter peaceably, and after to offer violence, threatenings, or fear of harm to one in possession, with intent to get him out, though he get him not out. Dal. ibid. Lamb. ibid. Who shall be said to enter with force. Entering peaceably, and saying they will hold although they die for it. Dal. 167. Lam. 146. To enter peaceably with weapons not usually born by them to house open or grounds. Dal. ibid. The Master entering with more servants then usual. ibid. A trespass made manu forti, or cum multitudine though it be but to cut or take away another man's 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 forcible entry punishable by the statutes: but otherwise if the entry be peaceable, yet it is disseising with force. Dal. 167, 168. Lam. 133, 143, 145. To enter peaceably, and after entry, by force or violence to cut corn, grass, wood, etc. or carry away another's goods, is force. Dal. 168. Cro. 70. To distrain for rend due or not 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 entereth with force, or after entry useth force, it is forcible entry in all. Dal. 172. Cro. 22. a. 24. b. 34. b. Lam. 143. In all these cases of trespass, only the justice of Peace may, as it seemeth, remove the force, and upon view imprison and fine. Forcible entry by words. To enter peaceably, and then to offer by threatening to kill the dissesse if he reenter. Dal. 168. What is not force. To enter by fair means, his entry being lawful, and persuade them within to come out, and the door being open, or shut by the latch, to enter without combating, or offensive weapons, or other violence. Dal. 168. To enter peaceably and quietly, getting other out, and quietly to hold it. Dal. ibid. To enter peaceably into a house, and finding armour or weapons, not to remove them. Lam. 145. To take a man being out of his house, & imprison him, and in the mean time to send another peaceably to enter, is no force. Dal. 169. Lam. 146 He that only agreeth to a forcible entry made to his use. Forcible detainer. Forcible detainer is of lands and tenements, not of the person. Dal. 169. Lam. 137, 146. 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 supposure of a forcible detainer) is forcible detainer, though it be but by one person and no weapons showed. Dal. 169. Lamb. Cro. 70. b. P. R. 4. 1. Lamb. 145. If the Justice enter and findeth any arrived, or any armour or unusual weapons lying by them, or find more than the ordinary family. Dal. ibid. Lamb. 145. What shall be said a forcible detainer. 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 a house adjoining ready to assail the enterers. Dal. 169. Lamb. 145. The disseiser forstalleth the way of the disseised with force, so that he dare not come near. Dal. 170. Cro. 69. Lamb. 145. To keep by force where he hath no common, the Justice may imprison and fine, but not make restitution. Dal. ibid. Cro. ibid. P. R. 39 Forcible detainer to resist the lord in taking ●… distress. Lamb. 146. Dal. 141. Cro. 70. a. P. R. 39 To detain a house mortgaged by force from the morgager, is forcible detainer. Dal. 170, 171. What is forcible detainer by word. To enter peaceably, and after to threaten to kill the disseiser if he come again. Dal. 170. Lamb. It seemeth to amount to a forcible detainer to threaten to maim him, beat, or do bodily hurt to the disseised if he come again, Dal. ibid. for that death may ensue upon such beating or hurt. What is not forcible detainer. One entereth peaceably into a house, and finding armour or weapons, doth not remove them. L. 145. To threaten to burn his house or spoil his goods, to deny to open the doors, to deny to go out. Dal. 170. 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. 171. The tenant 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 rescous of the distress with force and arms. In these cases of rent or common, the justice may remove the force, record it upon new, imprison and fine, but can award no restitution. Forcible entry. What persons may make a force. One alone, if it be with offensive weapons or turbulent behaviour to the affray of others. Dal. 166, 167, 171. Lamb. 143. An infant of the age of 18. Dal. ibid. Cro. 69. a. and so he may though he be under 18. A feme covert may by her own act make a forcible entry or detainer, and she may be imprisoned and fined, but the fine cannot be levied on the husband ibid. Consent. If one command or counsel others to a force, and be present, though he do nothing, he is a principal, Dal. 172. but if absent, a disseiser. Divers enter, one only committeth force, all are guilty ibid. Who cannot be put out. The King cannot be disseised, therefore an indictment upon the statute, 8. H. 6. for the K. is not good, neither can the King's farmer prefer a bill of indictment upon the said statute, but must have an information in the Exchequer. Dal. 172. Cro. 69. a. Where one may hold with force. Where one hath peaceably entered, and after continued in quiet possession without interruption for 3 years together, Lamb. Dal. 178. and may hire strangers to maintain his possession, and have his company in armour, Dal. 179. Cro. 71. but he may not resist the justice of Peace that cometh to view. Upon indictment of forcible holding the plea 3 years, lawful possession next before avoideth imprisonment, fine, and restitution. Dal. 179. But it holdeth not, 1 If the entry were forcible, though the holding peaceable. 2 If the holding were forcible, though the entry peaceable. 3 If a disseiser have continued peaceable 3 years. Quaere if he shall be helped by 8. H. 6. or, 31. El. If a disseiser have forcibly continued his possession 20 years, he may be indicted upon 8. H. 6. and the justice may make restitution. Cro. 71. a. 4 If the possession of 3 years have been interrupted. Dal. 173, 180. Cro. 71. a. Lamb. A disseiser quietly holdeth 3 years, and after the disseiser entereth or maketh claim, the disseiser reentring cannot hold with force, for he is in upon a new disseising. Dal. 180. A lawful possessor, after 20 year's possession is acted, he can neither reenter nor hold with force. ibid. What force is lawful. Force used by the King's Officers for the due execution or advancement of justice, or of the judgement of the law: as, 1 To pursue, apprehend, and carry to prison offenders in treason, felony, or other great crimes. 2 A Sheriff or his officers to apprehend by virtue of the Kings writ. 3 A Justice removing unlawful entries or holding of possessions, and repressing riotters. Dal. 176. 4 Justice, Sheriff, Constables, or Coroners, may use force in apprehending or imprisoning such as in their presence attempt to disturb or break the peace. 5 It is lawful by force to break open doors, to arrest offenders within, if the officer cannot otherwise enter. Note that the officer is first to signify the cause of his coming, before he attempt to break open the doors, 5. Dal. 177. as First, for treason, felony, or suspicion of felony. Cro. 170. b. 2 Where one hath dangerously wounded another. Cro. 131. a. 3 An affray being in the house. Cro. 146. b. 4 Upon a forcible entry or detainer found by inquisition. Dal. 176. 5 Upon a capias ut legatum in personal action, or capias pro fine directed to the Sheriff. Cro. 170. b. 6 Upon warrant or process for attaching a Popish recusant excommunicate. 3. Jac. 4. 7 Upon a warrant for the peace or good behaviour. Dal. 176, 177. but Crom. 176. b. maketh Quaere. 8 Upon recovery in a real action or ejectione firmâ, but not to execute the King's process upon the body or goods of any person at the suit of any subject. Dal. 177. 9 In all cases where the King is party. ibid. 1 Forcible defence is lawful for every man to keep his house to himself, his family and goods, as his castle, aswell for defence against injury, as for his repose. Vide plus Houses. 2 In defence of husband, wife, father, mother, or master. 3 Father or mother in defence of the child within age. Dal. 151. 4 In defence of my goods or my land. Dal. ibid. In these cases he that attempteth may be disturbed; and if he attempt to assault or lame me, I may beat him again, aswell in defence of my person as possessions, but not kill him. 152. What Justices of Peace are to do in forcible entry or detainer. Every Justice upon complaint or notice given, aught at the cost of the party grieved, to do execution: viz. 1 He must go to the place. Dal. 41. Lamb. 2 Take sufficient power of the county or of the Town, and the Sheriff also, if need be, aswell to arrest offenders, as also for removing of the force, and for conveying them to the goal. Dal. ibid. Lam. 3. Arrest and remove all offenders, and take their weapons, and prise them for the King. Dal. ibid. If the doors be shut, and entrance denied, he may break open the house. Dal. 42. Quaere. The Justice cannot arrest or remove them if he find no force, except by enquitie. Dal. 42. The Justice ought to make a record of the force, and either keep it by him or indent it, and certify one part either into the King's Bench, or to the Clerk of the Peace, and keep the other. Dal. 42. The record of the Justice is a sufficient conviction of the offender, and is not traversable. ibid. The Justice ought to commit immediately to the next goal, those which he findeth continuing the force, until they pay their fine, ibid. & 91. or forfeit an ●00 pounds. ibid. But such force must be in the presence or view of the Justice. 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. 91. and is to be estreated into the Exchequer; upon which assessing and estreating the party is to be delivered. Dal. 43. And so upon payment of the fine to the Justice, or recognizance for payment. Dal. 43. Quaere, for the Sheriff is accountable for all fines. Or the Justice may record the force, commit the offenders, and certify the record to the J. of Assize or to the Sessions, and there the offenders fined. Dal. 43. Cro. 161. a. But aught more properly to be assessed by them that record the force, Dal. 91. Cro. ibid. and to be of value. Or the Justice may certify the record into the King's Bench, refer the fine thither, Dal. 43. which Lambert thinketh the best course. The fines must be reasonable, secundum quantitatem & qualitatem delicti. The force ought to be inquired of in some good place or town near where the force was, Dal. 43. and that within a month if it be a riot. 92. One Justice may inquire. Dalinea 43. Enquirie may be though the offenders be not present, or though the Justice go not to see the place where the force is. Dal. 43, 44. Lamb. 152. Without enquiry there can be no restitution. Dal. 44, 183. Cro. 161. b. 164. a. Upon enquiry making, the justice must direct his precept to the Sheriff to summon 24 of 40 shil. a year land per annum. Dal. 182. Upon default the justice may award an alias and pluries infinite till they come. The Sheriff, at the day of the second precept, must return 40 shill. in issues upon every one, at the third writ five pound, and at every day after the double. 8. Hen. 6. 0. 9 If any jurour have not 40 shill. land, yet the indictment is good for the King. Quaere if there shall be restitution, Dal. 182. Lam. 152. Returning of smaller issues than the statute, hindereth not the enquiry. Dal. ibid. Lam. ibid. Upon enquiry the justice may make restitution, Dal. 44, 182. wherein the justice needeth not to examine the title. Dal. 183. Lamb. 156. A restitution before inquisition, ibid. Cro. 161. 8. 164. ●. In the indictment not only the entry but also the putting out must be, and & adhuc extra tenent; Lam. 153. for lack of these words no restitution can be made. Dal. 44, & 181. Cro. 163. 8. Lam. The indictment must be good, both in matter and form, Dal. 183. the words manuforti or cum multitudine are necessary. ibid. The indictment must express the quality of the thing, whether message, cottage, etc. tenementum may extend to either, and so entertain. Dal. ibid. If restitution be made by a Justice upon an insufficient indictment, the King's Bench will restore the other. Dal. 184. Cro. 162. a. If error be in the indictment, any two of these Justices which were at the taking of the indictment, upon prayer of the party may grant a supersedeas to stay restitution, if restitution be not made Dal. 184. 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 certify into the King's bench, and leave the award of restitution to that Court. Dal. 44, 185. Lam. 156. None can grant restitution but they before whom the force was found, Dal. 44, 185. except the Kings Bench. None can personally restore the party, but he that took the enquiry. Dal. 185. But 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. 44. If restitution be made without enquiry, it is punishable in the Starrechamber. Dal. 45. Restitution must only be made to him that was put out. Dal. 45, 185. Restitution is to be made only of house and land, Dal. 183. but not of rent, common, or advowson. 45. Restitution may be made notwithstanding a traverse, Dal. 45. but upon tender of traverse, the safest way for the Justice is to certify the 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. 45. The offenders being gone, the Justice may send his warrant, and commit them till they find surety of their good behaviour. Dal. 45. If force be made by three, it is a riot. Dal. ibid. The proceed 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 3 O yes, and then make proclamation for silence, prout Dal. 46. 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 the peace, prout Dal. 47. Cro. 42. b. Lam. 4 Either enter and search for armour, or inquire by jury. ibid. All that remain after proclamation, are to be imprisoned, and the armour apprized. ibid. If upon proclamation they depart, they are not to be imprisoned. The execution of the statute of Northampton without writ. Every Justice of Peace may execute it ex officio without writ. Dal. 47. 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 the offenders there found, apprise the armour, record all what he shall do, and thereout send an estreat into the Exchequer, Dal. 47, 48. Cro. ibid. The Justice cannot make restitution to the party outed, but only remove the force. ibid. Lam. 162. Of causes to stay granting of restitution, vide Dal. 187. Forfeitures of a recognizance taken for the Peace. Whatsoever is a breach of the peace, the same is a forfeiture of the recognizance, Dal. 148, as, 1 To threaten a man to his face to beat or kill another, Dal. 148. Cro. 136. b. Lam. 115. but not if he be absent. ibid. 2 To strike at, or offer to strike at a man, though he hit him not. 3 All affrays, malicious and violent striking, or other misintreating of the person of another. Dal. 148. Lam. 127. 4 To go with company or weapons unusual. Dal. ibid. Cro. 137. a. Lam. 126. 5 To command or procure another to break the Peace, and if it be done in deed. Dal. 148. Lam. 115. Cro. 137. a. 6 Imprisoning or arresting another without warrant. Dal. 148. Lam. 127. To thrust one into the water, whereby he is in danger of drowning. To ravish a woman against her will. To commit burglatie, robbery, murder, manslaughter, or do any treason against the person of the King. Dal. 149. Lam. 127. To be riotously assembled. The act that breedeth the forfeiture of a recognizance of the Peace, must be done unto the person of another. Dal. 149. Of a recognizance, vide recognizance, vide plus breach of the Peace and Fines. One committed for petty larceny, and convicted thereof, shall forfeit his goods. Lam. 273. Dal. 230. Cro. 36. b. Forfeitures upon statutes, vide Several statutes. Forgery. Second forgery of deeds concerning another's land after a former conviction is felony, 5. El. 14. but not enquirable by the justice of Peace. Lam. Dal. 244. Cro. 56. b. Foreign Plea. One indicted of petty treason, ●…rder, or other felony, pleadeth a foreign Plea triable by Jury, it shall be tried before the justices before whom he was indicted, and by the jurours of the same County. 22. H. 8. 14. 32. H. 8. 3. Lam. Forrester killeth any man in his office making resistance, it is justifiable. 21. E. 1. Forestall 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 the price, or not to bring them to the market, fair, or port. Lam. 450. Forestaller convicted before the justice of Peace at the quarter Sessions by examination of two witnesses, or presentment for forestall, for the offence shall 1 Lose the good, and be imprisoned 2 months without bail or mainprize. 2 For the second lose double the goods, and be imprisoned for 6 months. 3 For the third lose all his goods, stand in the pillory, and be imprisoned during the king's pleasure. 5. E. 6. 4. Lam. 570. The moiety 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 justice of Peace. Lam. 584. Fowlers and Fowling. Shooter, taker or destroyer by guns, bows, setting dogs, nets or other engines, of any Pheasant, Partridge, Pigeon, Heron, Mallard, Duck, Teal, Widgeon, Grouse, Heathcock, Mooregame 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 3 months without bail, unless he pay to the Churchwardens of one of the places, to the use of the poor, 20 shillings for every Pheasant, and also for every egg of Pheasant, Partridge, or Swan taken or destroyed, or after one month of his commitment become bound with two sureties in recognizance of 20 pound never to do the like, the same recognizance to be returned to the quarter Sessions. 1. Jac. 27. Lam. 334. Dal. 67. Vide Partridges and Pheasants. Games, vide Unlawful games. Goal, Goaler. GOaler or Sheriff may make a goal of his own house; so cannot a constable not justice of Peace. Lam. 133. Dal. 129. Goaler suffers a fellow to go at large, and he escapes; it is felony in the gaoler, not in the prisoner. Lam. 229. Dal. 239. P. R. 147, 149. Goaler by hard and cruel custody compels his prisoner to become an approver; it is felony. 14. E. 3. 17. Lam. 231, 420. Dal. 244. Cro. 49. a. Goaler killeth ●n 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 4 pence upon commitment of any prisoner arrested or attached, forfeiteth 40 pounds. Lam. 23. H. 6. cap. 10. Goaler or Sheriff refusing to take a fellow delivered by Constables or Township, or taking any thing for receiving, is to be fined. 4. E. 3. 10. Lam. 434. Six justices may in sundry shires take order for the common goal, whereof the Sheriffs shall have the custody, and to which murde●… and felons, etc. shall be sent, and may perform many incidents thereto by the statute. 23. H. 8. cap. 2. 13. Elis. 25. Lam. Accountant for money levied for the goal to build it, goeth into another county; the justice of Peace where the goal is, may send an attachment for him unto another shire. 33. H. 8. cap. 5. 5. Elis. 24. Lam. 525. Goaler suffereth a prisoner to go abroad out of his sight, and he returneth again; it is an escape. 240. Cro. 39 b. Goaler refuseth to receive one arrested for felony, the town must keep him till the goal-delivery, Dal. 289. Cro. 172. a. but the gaoler denying to receive such, shall be punished by the justices of goal-delivery. ibid. Goaler shall take no fees of any servant, carpenter, mason, nor other labourer committed for refusing to serve, on pain of 10 pound to the King and 100 shill. to the party. 34. E. 3. 9 Cro. 185. a. b. Glassemen. Glassemen of honest life may travel without begging within the county, by licence of 3 justices under their hands and seals, one being of the Quorum, 39 E. 24. but by 1. Jac. 7. they are made rogues, and so to be punished. Goldsmith. Goldsmith, or worker of gold must work as fine silver or gold in allay as the sterling, and set his mark on it, or forfeit the double value. 2. H. 6. 14. Lam. 467. Nonino gilled any thing or any metal but silver, except spurs of Knights, and apparel of Barons or above, on pain of 10 times the value and a years imprisonment. 8. H. 5. 3. Lam. 467. Good abearing. Good abearing may be granted upon discretion, and that by one justice 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 seldom for one cause alone, and not by one justice only. Lam. 120. Dal. 159. Good behaviour may be granted by special writ out of the Chancery, Custodibus pacis & vicecomiti & eorum cuilibet, upon the statute of 34. Ed. 3. 1. Lam. 117. Dal. 159. For what causes it is grantable, Dal. 160. 1 Against common barrators, quarrellers, and disturbers of the Peace. 2 Rioters. 3 Liars in wait to rob. 4 Generally feared or suspected to be robbers by the highway. 5 Such as are likely to commit murder, homicide, or other grievances to the King's 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 bawdry. 3 Common whoremongers and common whores. 4 Nightwalkers that be suspected to be pilferers. 5 Eavesdroppers that cast men's carts and gates into ponds, and such like misdemeanours in the night; such as live idly, yea far 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 thiefs. 9 Such as make false hue and cry. 10 Cheaters and cozeners. 11 Libelers. 12 The putative father of a bastard. 13 Unlawful hunters in Parks, after examination taken. 14 Abusing of officers in executing their office, as justice of Peace, Constable, or other officer of the Peace; as a justice seethe 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 inquiry 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 diverse statutes. 1 Disturbers of preachers. 1. M. 3. 2 Destroyer's of fishponds or stealers of fish, after lawful conviction. 5. Elis. 21. 3 Takers of hawks or hawks eggs out of other men's grounds after lawful conviction. 5. Elis. 21. 4 Stealers, hunters, or killers of Dear or Conie in Park or Warren after lawful conviction. 3. Jac. 3. All these must be bound at the Sessions. 5 Popish recusant must be bound in the Kings Bench. 23. Elis. 1. 6 One pardoned for felony, bound before the Sheriff and Coroners. 3. Ed. 3. 3. 7 Disturbers of the execution of the statute for rogues. 39 El. 4. 8 Disturbers of the execution of the statute for the Peace. 39 Elis. 4. 9 She that hath had twice a bastard. 7. Jac. 4. 10 Infected with the plague, or having their houses infected and are unruly. 1. Jac. 3. Greyhounds, vide Hunting. Guns and Gunners. Gunner that departed from his Captain without licence, or wand'ring with a forged licence, it is felony. Lam. 427. Every person may attach an offender against the statute, 133. H. 8. 6. and carry him to a justice of Peace. Dal. 49. And the justice upon examination may send him to the goal till the penalty be paid. The particulars of the statute, 33. H. 8. None under 100 pound per annum may shoot in, or keep a gun, dag, pistol, crossbow, or stonebow. None may have or use any gun under 3 quarters of a yard in length. One of a 100 pound per annum may take such gun from the offender, or any crossbow or stone-bow, and may keep the bow, but must break the gun. None may travel with a gun charged or bow bend, but in time of service, and to the musters, except he have a 100 pound per annum. Dal. 49. Dal. 64. 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 servingmen (whose masters are enabled) at a But. 2 Inhabitant of market town. 3 Persons dwelling alone or near the Sea within five miles. 4 Gunmakers. 5 That have Placards. All persons which shoot in guns, aught to present their names to the next justice of Peace, and the Clerk of the Peace should record it. Vide plus Hunting. Hares. BUying and selling of Hares, vide Partridges: see the statute, 1. Jac. 27. in fowlers. Harness and habiliments of war. To embezzle habiliments of war or victuals provided for soldiers, mariners, or gunner's, is felony. 3. El. 4. Hart proclaimed, vide Deer. Harvest time. Artificers and other persons meet to labour, compellable by one justice of Peace or Constable; and the refuser to labour in hay time or harvest, to be put in the stocks two days and one night. Lamb. 475. Hawks and hawking. Unlawful taker of Hawks eggs is to have 3 months imprisonment, there to remain till he find sureties for the good behaviour for 7 years. 5. El. 21. I am. 446. Taking of hawks eggs upon one's own grounds or another's, or any Eirer, or driving them out of their covert, or bearing any hawk of the breed of England, called a Nyesse, Goshawk, Tassel, Lanner, Lanneret, to be imprisoned a year and a day, and lose ten pounds and the hawk. 11. Hen. 7. 17. Lam. 446. Every Justice of Peace may examine the offences for hawking or hunting with spaniels in eared or codded corn, and bind over the offender with sureties to the next Sessions. 23. Elis. 10. Dal. 50. Lam. 447. Against hawking at pheasant or partridge between the first of july and last of August, vide 7. Jac. 11. & Partridges. Vide plus Larcenie, & Felony. Hay and Oats. Inholder taking any thing for litter, baking horsebread, except in town or village being a thoroughfare, and 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 horsebread, 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 money. 4 Fore judged for keeping inn again. 21. Jac. 21. Hedgebreakers. Breakers and cutters of hedges, pales, rails, or fences, cutters and carriers away of corn growing, robbers of orehyards or gardens, pullers up of fruit trees, with intent to carry away, cutters or spoilers of woods, poles, or standing trees, convicted before a justice by confession and 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. Elis. 7. No justice to proceed against such trespasses for offences done to himself, without instance of another. ibid. The second offence is whipping. 43. Elis. 7. Highways. One justice may cause highways to markets to be enlarged, and cleansed of bushes and trees. 13. Elis. 1. 5. Dal. 51. Every justice may present upon his own knowledge in open general Sessions, any highways insufficiently repaired, or any default against the statute 2. and 3. Ph. and Mar. 8. and 5. Elis. 13. and such presentment is as good as the presentment of twelve men; and thereupon the Sessions may assess the same, though the presented be absent, saving to the offender his traverse. Dal. 51. Cro. 125. b. 195. a The defaults contrary to these statutes. 1 If the Constable and Churchwardens do not on Tuesday or Wednesday in Easter week choose surveyors for highways. 2 If six days be not by them then appointed for mending highways before Midsummer. 3 If notice be not given by them openly in the Church the sunday after Easter of the said six days 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 8 hours of every of the said six days, 20 shill. And every other parishioner having 5 pounds in goods, 40 shillings in lands in the subsidy, must find every day two able men, or lose 10 shillings; and every cottage one, or lose 12 pence a day. But 18 Elis. 9 he that occupieth 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. 52. Cro. 82. b. 5 If the carriages be not thought needful by the survayours, than two able men for every cart spared 6 If fences, hedges, and ditches next adjoining to the highways be not kept low, scoured and repaired. 7 If all trees and bushes growing in the highways be not cut down. 8 If any chosen to be survayours refuse the office or do not execute it. 9 If the survayour do not within one month next after the offence committed present it to the next justice. 10 If the Bailiff or Constable who receiveth the estreats, do not levy the same, or make not a true account and payment of all sums levied to the Constable and Churchwardens, or the Constables and Churchwardens have not employed them upon the highways. If the survayours do certify the next Justice in a month, the Justice ought to certify the presentment at the next Sessions. If the survayours present not till after the month, and the Justices do certify it at the next Sessions, it is not good against the offenders. 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 arrearages as they shall adjudge to the Constables and Churchwardens, or imprison them till payment of such arrearages be made, and call the survayours and Constables and Churchwardens to an account. All fines at the Sessions for highways, shall be levied by estreats indented by the Clerk of the Peace, and delivered by him within six weeks after Michaelmas. Dal. 53. The Bishop's Chancellor and three Justices of Peace, may examine the bestowing of any money appointed by any statute for the amending highways or bridges, and call to account the detainer thereof. 14. Elis. 5. 29. Elis. 8. Lam. 366. Upon indictment for repair of bridges in highways, there shall be like process as the King's Bench useth, or such as the Justice of Peace thinketh meet. 22. H. 8. 5. Lam. 523. Highways leading from one market town to another, shall neither have dike, underwood, or bush, whereby a man may lurk to do hurt, within 200 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 200 foot from each side from the way, or a sufficient wall, dike, hedge, or pale, that the offenders cannot pass. Dal. 130. Homicide. Homicide is the kill of a man by a man. Dal. 207. It is no difference whether the slain be alien, denizen, or English man, if he lives under the King's protection. Dal. ibid. Cro. 21. a. Lam. 237. To kill one attainted of treason or of felony, or outlawed for felony, or attainted in Praemunire, is felony. Dal. 207. Cro. 24. 3. Homicide is either killing himself, felo de se, or another. Felo de se forfeiteth to the King his goods and chattels real and personal, and his debts due by special, Dal. 208. but no lands, nor blood corrupted. ibid. His goods are not forfeited till his death. ibid. Infant or non compos mentis do not forfeit; but a lunatic killing himself out of his lunacy, doth forfeit his goods. Dal. 208. Homicide of another is Voluntary, involuntary. Voluntary is Murder, vide Murder. Manslaughter. Manslaughter is when two fight together upon the sudden, without malice precedent, and one of them doth kill the other. Dal. 214. Cro. 26. a. Lam. 247. Manslaughter by Chancemedley, or Se defendendo, his person, house, & goods. Manslaughter by Chancemedley is felony, but may have his clergy. Dal. 214. One fight breaks his weapon, a slander by lends him another, whereby the other is killed; it is manslaughter in the lender. Dal. ibid. Cro. 26. b. Lam. 252. Two fight on the sudden part, and meet again, one killeth the other; it is a continued fray. Dal. ibid. Cro. 23. b. 24. a. 26. Lam. 250. The servant fight in his master's defence, though there were malice in the master not told to the servant, Lam. 248. so a stranger suddenly taking part. Lam. 248. Two that were in malice are reconciled, fall out upon new occasion, and one is killed; it is manslaughter only. Dal. 215. Lam. 250. Se defendendo, when one killeth another in the necessary defence of himself or his, thereby to save himself or his possessions or goods, or some other persons which he is bound to defend from peril: and it is either against a fellow, as murderer or thief, or a loyal subject. Dal. 220. Lam. 252. Against a loyal subject, if he be assailed by another man, he must fly so much as he may till he be letted by some wall, ditch, hedge, press of people, or other impediment, that his necessity of defence may seem inevitable, and he shall be committed till the time of his trial, lose his goods, and seek his pardon. Lam. 153. Dal. 221. It is not material though he strike again, if before he give any deadly wound he fly to the straight. Neither is it material though there were former malice, unless he lie in wait for the other, or agree for the place of fight, or strike the first stroke. Lam. 253. Dal. 221. Or assaulted in his own house upon a sudden quarrel, or thereby killeth him, Lam. 254. but he forfeiteth his goods and must have his pardon, except the assailant came with a felonious intent to kill or rob him. Dal. 221. Cro. 28. a. Lam. 254. A man falleth to the ground, there his flying to a straight is not necessary. Dal. 225. An officer or minister of Justice, in executing his office being assaulted, is not bound to fly. Dal. 214. A servant killing him who rob or killed his master, so it be done presently, or in defence of his master's person or goods, if it cannot otherwise be avoided. Dal. ibid. Cro. 28. a. 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 Peace, if they yield not themselves, or fly, or defend: themselves by violence, is no felony. Dal. 222. Quaere if there be no malice in the keeper. Cro. 30. b. It is justifiable 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 highway, horse-way, or footway, or burglarily to break my house in the night. Dal. 220. Cro. 27. Vide Lam. 249. of one entering 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 justify to beat him that wrongfully taketh them, but not kill him, except he be a thief. Dal. 224. To kill a true man, in defence of house, land, or goods, is manslaughter. Dal. ibid. Cro. 20. b. involuntary homicide is by misadventure, 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. Dal. 216. A schoolmaster, father, mother, or master, correcting moderately his scholar, child, or servant; Shooting at pricks, butts, or lawful mark; A workman casting tile, 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 fight at Barriers by the King's command. The kill of a man in doing of an unlawful act, without evil intent, is felony, as shooting arrows, casting stones into highways or other place whither men usually resort. Dal. 217. Fight at Barriers, or running at Tilt without the King's command. Quaere if playing at hand-sword, bucklers, football, wrestling, and such like, whereby a man is slain or receiveth hurt, and dieth within the year and day, be felony of death, or may have their pardon of course. Quaere similiter of casting a stone at bird or beast. A man may be slain by the fall of a house or tree, etc. and killed by a bull, bear, horse, dog, etc. or by some fall which he taketh, Dal. 218. if it be through the wilful default of another, it is felony. The thing which causeth the death is a Deodand, and so forfeited to the King. Dal. 218. Cro. 31. a. The forfeiture hath relation from the stroke given Deodands are not forfeited till the matter is found on record. Dal. 218. The Jury which findeth the death of a man, must find and apprise the Deodand. It behoveth the town to see it forthcoming; for the Sheriff shall be charged with the price, and shall levy the same on the Town. Dal. ibid. If the slain be under 14 years of age, nothing is forfeited as a deodand. Dal. 218. Homicide by necessity is Commanded, Tolerated. An officer doth execution after judgement, according to his warrant; it is not properly homicide, but justice. Dal. 219. Lamb. 234. If the officer doth not observe order of law, it is felony in the officer. Dal. 219. Lamb. 24. One warranted to arrest one indicted of felony, upon resistance killeth him. Dal. 219. Ed. 3. a. Lam. 232. Every private person upon hue and cry to take a fellow, if he resist and will not yield, may kill him. Conductors of a fellow to the Goal, upon resistance or fight may kill him. Dal. 220. A prisoner in the Goal attempteth to escape, and striketh the Gaoler, he killeth the prisoner; it is not felony. ibid. Riotters, forcible enterers or detainers, that shall resist the Justice of Peace or other the King's officers, and will not yield themselves, being slain, it is no felony. Dal. 220. Cro. 23. 30. b. 158. Lam●. 215. If an officer, by virtue of the King's process, arresting one for debt or trespass, is resisted, and killeth the resister, it hath been taken to be no felony. Dal. 220. Cro. 24. a. 30. b. Quaere. In all these former cases there must be inevitable necessity, that the offender could not be taken without killing. Dal. 220. Horses and Mares. Any justice may hear and take the claim of the owner of any horse, etc. which was stolen within six months after the sale thereof, the proof to be made by two witnesses upon oath within two days next ensuing the said claim. Dal. 56. Lamb. 203. Elis. 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 money may have his horse again. Dal. ibid. Owner, officer, or ruler of any fair, is to appoint an open place for sale of horses, etc. and a sufficient person to take toll, or lose 40 shill. for every fault, and answer the party grieved. 2. 3. P. & M. Lamb. 71. The sale of every horse not being according to the statute in every point, is void. Dal. 56. Lamb. 412. 1 The horse must be one hour at the least in the place of the open fair. 2 All the parties to the bargain being in the 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 Christian name, surname, mystery and dwelling, aswell of himself, as of the seller. 5 The book-keeper must make a true and perfect entry of the cellar's name and place of dwelling, etc. and of the true price, forfeiture. 31. El. 12. Every contract for a stolen horse out of the fair is void, though it be after booked. Dal. ibid. A sale in open market shall not take away the owner's property, the buyer knowing that it was another's. Dal. 56. All horses and all other goods are to be sold in such a place or shop as is commonly used for the selling of goods of the same kind, to alter the property. Dal. ibid. A thief selleth a stolen horse by a false name, and is so entered in the toll-book; such misnaming maketh the sale void against the owner. Dal. 73. Edit. 1626. Horsebread. Inholder in a corporate or market Town, where there is a common baker that hath been an apprentice therein 7 years, may not make horsebread within his house. 32. H. 8. 41. 21. Jac. 21. Inholder or ostler in a thoroughfare town, being no city, town corporate, or market town, being a baker and one that hath been an apprentice therein 7 years, may make horsebread within his house. 21. Jac. 21. The horsebread must be sufficient, lawful, and of due Assize, according to the price of 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 Inn again. 21. Jac. 21. Vide Inneholder. Hospital. The Bishop and Chancellor, with 2 Justices of Peace next inhabiting, may charge the collectors of a revenue of an Hospital, upon a pain, presently to account and to employ the surplusage to the use of an Hospital. L. 556. 14. Elis. Case 5. 39 Elis. 18. Hospitality, vide Religious house. House. 1 A man's house is his castle for defence. D. 177. 2 It protecteth against any arrest at the suit of any subject. ibid. 3 In some cases it is a privilege against the King's Prerogative; for it hath been adjudged that Saltpetre men may not dig in a Mansion-house without the King's consent. ibid. Thiefs or murderers attempting to rob or murder a man in his house, he may assemble company & kill any of them, and forfeiteth nothing. ib. He may beat him that will enter upon his possession, but may not kill him. Quaere if he may hire strangers to aid him, or put his ordinary company in armour, Dal. 177, 178. Vide plus Homicide. House of Correction. House of Correction with implements and backsides, fitting for setting on work idle persons, to be erected and provided in a convenient place in every county before Michael. 1611. the same to be conveyed over to such as by the greatest part of the justices at the Q. Session's shall be chosen to be employed for setting on work idle and disorderly persons, on pain of 5 pound for every justice of Peace, the one moiety to the informer, the other towards the erecting of the house. 7. Jac. 4. Master of the said house to be appointed by most of the justices of the Q. Sessions, next after providing of the said house, who is to set on work and moderately to correct by whipping or fettering such persons as shall be sent to him. 7. Jac. 4. Constable's shall appear before the justices of Peace twice in the year, and give account upon oath in writing, under the hand of the minister, what rogues have been apprehended, and how many punished. 7. Jac. 4. Master of the house of correction giving sufficient security for performance and continuance of his service, is to have yearly such money as by most of the justices at 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. 4. Constables not safely conveying to the house of correction such as by the justices of Peace at their meeting for the execution of the statute, 7. Jac. 4. shall be sent thither, to pay such fine under 40 shill. as by most of the justices shall be assessed. 7. Jac. 4. A woman, having a bastard which may be chargeable to the parish, for the first offence to be sent to the house of correction one year, for the second offence to be sent to the house of correction, and to remain there till she find sureties for the good behaviour, and not to offend so again. 7. Jac. 4. Any able to work and threatening 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. Jac. 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. Jac. 4. If any committed become troublesome to the country by going abroad, or escape without lawful delivery, the master is to be fined by most of the justices at the Q. Sessions. 7. Jac. 4. All penalties not limited by the statute, 4. Jac. 4. shall be paid to the Treasurer and accounted by him. 7. Jac. 4. Vide plus Poor people. Hunting. One Justice of Peace, upon information of any unlawful hunting of Deer or Coneys by night, or with painted faces, or other disguising in forest, 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 Q. Sessions. 1. H. 7. 7. Dal. 57 L. 191. To disobey such a warrant, or make rescous thereupon, is felony. 1. H. 7. 7. Dal. 57 The Justice of Peace that taketh examination of the offender, may after the examination bind the offender to his good behaviour, to the end he be forthcoming till the offence and the offenders be lawfully examined. Dal. 57 Unlawful hunting by 3 or more will grow a riot. Dal. 57 Any by night or day wrongfully entering into any enclosed ground, kept for keeping of Deer or Coneys, and there chase or killing of them, upon conviction to be imprisoned 3 months without bail, and there to continue till he pay triple damages and costs to be assessed by the justices before whom he is convicted, or pay to the party grieved 10 pound at the election of the party grieved, 7. Jac. 13. and find sureties for his good behaviour 7 years. 3. Jac. 13. Lamb. 441. The party grieved, or the justice of Peace, upon satisfaction of the party grieved, and confession of his offence, and that he is sorry for the same, in open Sessions may release the offender of his bond for the good behaviour. 3. Jac. 13. The statute 3. Jac. 13. doth not promise offenders in parks or enclosed grounds made after the statute, without the King's licence. 3. Jac. 13. Enquiring, hearing and determining of offences against the statute 3. Jac. 13. may be made by the justices of Peace and Peace and Goal-delivery at the Sessions, and they may award process upon enditements, informations, bills of complaint, or other actions wherein no essoin, etc. 3. Jac. 13. Any not having lands of inheritance in his own or wives right, of the clear yearly value of 10 po. or for term of life of 30 po. per annum, or goods to his own use worth 300 po. keeping Greyhound to course deer or hare, except the son of a knight or Baron of parliament, or son and heir of an Esquire, upon conviction by confession or oath of 2 witnesses before 2 I. of P. where the offence is the party apprehended to be imprisoned 3 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. Jac. 27. Any having lands in fee simple or fee tail of a 100 po. per annum, finding any not having lands of 40 po. per annum; nor worth 200 po. in goods, to use any gun, bow, dogs, or engines for killing of deer or hare, except parker or warrener, or owners of either of them, or other grounds enclosed for deer or coneys, that shall be yearly worth 40 shill. may take any their guns, bows, engines and dogs, and keep them to his own use. 3. J. 13. Lay person not having land's per annum, spiritual person a benefice not above 10 po. per annum, keeping dogs to hunt, or using ferrets, etc. shall be imprisoned for a year. 13. R. E. 13. Vide Parks. Hundred. Hundred with the liberties therein to be equally taxed by 2 justices of Peace, one to be of the Quorum, in or near the hundred, for relief of those that are rob. 27. Elis. 13. Dal. 104, 256. The rob shall not have his action upon the statute of 27. Elis. 13. except he first with all speed convenient give notice of the robbery to some inhabitant near the place where he was rob. 2 Commence his suit within a year next after such robbery committed. 3 He being examined upon his oath within 20 days next before such actions brought by one Iust. where the robbery was committed, dwelling near to the hundred, if he knew the robbers or any of them. If he knew any of the robbers before such action, he shall be bound before the said justice to prosecute the offenders effectually by indictment, or otherwise by course of law. Dal. 104. The hundred must answer the loss, if the robbers be not taken within 40 days. Dal. 104, 256. Cro. 179. a. A man is slain out of a town, and the murderer doth escape, the hundred shall be charged therewith. 256. Jury of one hundred may present an offence done in another hundred. Lam. 399. 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 attainted to appear. before the Justice of goal-delivery. It seemeth any justice of Peace may bind him over by the commission. Dal. 256. Cro. 179. b. Hue and cry ought to be made from town to town, from country to country, by horsemen and footmen, 13. Ed. 1. 12. 27. El. 13. Dal. 57 Cro. 178. b. 179. and upon committing of any robbery or felony, the officer of the town where it was done, aught to send hue and cry to every town round about him. Dal. 57 Cro. 178. b. 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. 39, 57 Lam. 185. By a false hue and cry to enter into any house with the Constable, to bind and rob the Constable and master of the house in the night, is burglary. Lam. 263. Vide plus Robbery. Jesuits & Seminarie Priests. ANy Justice of Peace within the County in which any Jesuits, Seminary Priests, or other Priests, Deacons, religious or Ecclesiastical person shall arrive or land, may within three days after take the submission, oath, and acknowledgement of him touching his obedience to the King and laws provided in cases of religion. 27. El. 2. Lam. 189. Dal. 80. Every one understanding that any such Priest, etc. shall be within any of the King's dominions, aught to discover the same to some Justice or other superior officer, within ten days after such knowledge, under the pain of fine and imprisonment; & the Justice within 28 days must give information thereof to one of the privy Council, on pain of 200 marks. 27. El. 2. Lam. 198. Two Justices of Peace of the county where any of the King's subjects that are no Jesuits, etc. brought up in any College of Jesuits, or in Seminaries, shall arrive within six months after proclamation made to that end, may within two days after their return take their submission under the oath of allegiance. 1. El. 27. El. 2. To receive Jesuits or Seminarie Priests, contrary to the statute, is felony. 27. Elis. Lam. 414. Any within three days after the offence committed, discovering to any Justice of Peace any Recusant, Seminary, or popish Priest, or any Mass to have been said, any of them then present there, and by reason of his discovery any offender be taken and convicted, shall be freed from the danger of the offence, and have the third part of the forfeiture by such offence. 3. Jac. 5. Lam. 199. Dal. 81. Imprisonments, vide Prison. Indictments, vide Enditements. Information. Information against a fellow, whether he shall be taken by oath or no, is uncertain: but Lam. 213, 214, 215. and Dal. 264. and Cro. 194. a. do best allow it by oath. No process can be awarded upon information of a private person, unless where the statute particulatly warranteth enquiry by information, at the statute of 5. Elis. 4. of labourers, 5. Elis. 21. of taking of fish, deer, or hawks. Information of such as bring a fellow, must be taken by a justice of Peace: so much thereof as is material he must put in writing within two days after the examination. Dal. 159. Lam. 212. Two inform against another in matter of felony, and do in their talks, viz. in the day and place when and where it was committed; such information is not to be credited. Dal. 26. Cro. 100 The bringer of the suspected will not inform, it is meet to bind him over to give evidence, Dal. 262. Form of a recognizance for the informer against a fellow, Lam. 214, 216. Informers, and Promoters. Informer compounding for any offence against a penal law, without consent of some of the Court of Westminster, or willing the delaying or discontinuing a suit, loseth 40 pound, and is to stand in the pillory being convict thereof at the Quarter Sessions. 18. El. 5. 27. El. 10. Lam. 439, 609. Engrosser. Engrosser 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 oatmeal. Victuallers not forestall, Badgers and Drovers not abusing their lawful licence, buyers of foreign commodities, except fish & salt, are excepted. 5. Ed. 6. 14. Elis. cap. 15. 13. Elis. 15. Lam. 451. Inneholder. Inneholder taking any thing for litter, or excessively for hay, or above a half penny a bushel above the market for oats; loseth four times the value of the overplus. 13. R. 1. 8. 4. H. 1. 25. Lam. 473. repealed. 7. Jac. 21. Vide plus Horsebread. Inneholder or alehouse-keeper may be compelled by a Constable to lodge strangers. Dal. 28. edit. 1626. Inneholder that suffereth a non-inhabitant to tipple in his house, shall incur the penalty limited, 1. Jac. 9 1. cap. 4. Innkeeper, taverner, victualter, is within the statute, Jac. 9 4. Jac. 1. cap. 4. Inmates, vide Cottages. Inrolment. One justice of Peace may join with the Clerk of the Peace in taking of an inrolment of an indenture of bargain and sale of lands, etc. lying in the same County, 11. H. 7. 15. and is to have 12 pence if the land exceed not in value 10 shillings a year; and if it do, than 2 shill. 6 pence; and taking above, fined. 17. H. 8. 15. 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. Elis. 7. Lam. 32. Forfeitures of issues by jurours are to be levied by Records of execution awarded by the justice of Peace. 27. Elis. 7. Lam. 585. Judgement. Ambiguity arising in judgement, the justice of Peace shall forbear to proceed till the judges come; but if they will proceed, the judgement is not void but must be reversed. Lam. 568. Where the statute appointeth a punishment, there judgement must be according to the statute upon trespass, riots, and such other offences: where no forfeiture is prescribed, judgement is to be taken and ransomed. Lamb. 510. Vide plus the several offences. jugglers, vide Licence. Jurours. jurours both for enquiry and trial, aught to be Probi & legales homines. Lam. 396. What persons may not be jurours, and being jurours make presentments void, unless there be twelve besides. 1 Attainted in conspiracy, 2 Attaint, 3 Decies ●antùm, 4 Subornation of perjury, 5 Concealment, etc. and their presentment void, unless there be twelve besides them that are not blemished, Lam. 396. 6 Outlawed, 7 Abjured, 8 Condemned in a Praemunire, 9 Attainted of treason, 10 Felony, etc. ibid. 11 Women, 12 Infants under 14 years of age, 13 Aliens, 14 Clergymen. ibid. juroure must be inhabitants or freeholders within the County, to the value of 40 shillings per annum, but in Cities and Boroughs to the value of 40 shill. in goods. 369, 397. jurours for trial of an indictment within the County Palatine of Lancaster must have 5 pound per annum. ibid. jurour 70 years old or decrepit, returned by the Sheriff, must serve if the justice will; but he may sue the Sheriff upon the statute of Westminster, 2. 38. Lam. 397. if he be exempted by Charter. Lam. ibid. jurour exempted by Charter with these words, Licet tangat nos, is to be discharged upon his appearance, but he ought to show it to the Sheriff. ibid. When there is want of sufficient jurours, no exemption can discharge. ibid. Presentment is good though some of the jurours he allied to him that procureth the presentment: but it is no discretion in the justice to suffer any such to be impanelled. Lam. 398. If the particular jurours 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 of●…nce done in another hundred. Lam. 399. justice's may command the Sheriff to alter the panel, and he refusing forfeiteth 10 pound. ibid. 3. H. 8. 12. All the jurours must be sworn, otherwise their presentments are void: but the Record being that all the jurours were sworn, the presentments are good though all be not sworn. Lam. 399. jurour after he is sworn, upon cause may be removed by the justice. Lam. 400. 20. H. 6. 5. jury after swearing adjourned to another time, may be then sworn again. ibid. jurours of enquiry must be 12, but there may be more, and it is best to have them odd. Lam. 400. ibid. If 12 jurours do agree, the residue cannot gainsay. ibid. juries' of enquiry ought not to be committed to a keeper, nor kept without victuals, nor carried out of the town, but may be adjourned to another place to give up their verdict. Lam. 400. jurours which do carefully conceal offences presentable, and which be complained of by bill, may be enquired of by persons whereof every one may dispend 40 shillings per annum; and such concealment being found within a year after, every jurour shall be amerced in open Sessions. 3. H. 7. 2. Lam. 400, 401. jurours that discover what they have done, are to be fined. Lam. 402. jurour taking any thing to make a favourable presentment, shall be imprisoned and ransomed. Lamb. 441. Cro. 84. a. No jurour to be returned without an addition whereby he may be known. 27. Elis. 7. Vide plus Challenge. Justices of the Peace. justices of Peace were created 1. Ed. 6. 3. 16. Dal. 4. Lamb. 20. justice of Peace is justice of Record. Dal. 415. Cro. 120. a. Lam. 62. He may take a recognizance of Peace, which none can do but a judge of Record. Dal. 6. Lam. 186. Cro. 196. His warrant is not disputable by the Constable, Dal. 6. Lam. 65. Cro. 147. b. but it is to be understood when the justice of Peace hath jurisdiction of the cause. Dal. 6, 292. Cro. 147. b. Lam. 65, 91. His testimony in some cases is of as great force, and in some cases greater than an indictment of 12 men upon oath, as in the cases of force, riots, presentments of highways. Dal. 6. Lam. 65. The authority granted to justice of Peace by commission doth determine by oath of the King, at the King's pleasure. As to be discharged by wi●… under the great seal. 2 By Supersedeas. 3 By granting a new commission and knowledge thereof. Dal. 8. Cro. 188. a Lamb. 77. 2 By publishing the new commission at Assizes or Sessions, or any county court. 3 By holding open Sessions by virtue of the new commission. Dal. 8. Cro. 188. a. Lam. 69. Exercising the office of a Justice of Peace before oath taken, is fineable. Dal. 11, 304. Justice of Peace hath not authority but in the county where be is Justice. Dal. 21. Justice of Peace is not to meddle with offences done out of the county, Dal. 16. Cro. 120. b. except some statute enable him, or some matter of Peace or Felony. Dal. 21. Justice of Peace is not to intermeddle in any city or corporation, which have their proper Justices. Dal. 21. Cro. 8. a. 181. b. 189. 2. Justices of Peace ought not to execute their offices in their own case. Dal. 304. Cro. 68 a. Yet a Justice of Peace being assaulted, may commit the offender to prison. Dal. 128, 304. Cro. 68 a. Lam. 134. So Crompt. thinketh that a Justice of Peace may record a forcible entry made upon his own possession, and commit the offender. Cro. 67. b. 68 a. Justice of Peace chargeth one that maketh an assault or affray, to keep the Peace; who answereth, he will not; the Justice of Peace may bind him to his good behaviour. Dal. 162. justice of Peace must proceed by the prescript of the commission and statute. Dal. 18. Where the statute referreth the trial, etc. to the justice of Peace his discretion, it seemeth he may examine upon oath. Dal. 20, 121. One justice of Peace ought not to bind one to appear at the Qu. Sessions to answer his favit committed against a penal law, except the statute of Labourers. Lam. 187. Every justice of Peace is a conservatour of rites within his county. Lam. 18, 9 justice of Peace not giving remedy to the party grieved in a cause that may be heard, determined, and executed by him, upon complaint to the judges of Assize, or the Lord Chancellor, is to be put out of commission by the Lord Chancellor, and punished according to his desert. 4. Hen. 7. 12. Lam. 330. Dal. 305. One justice of Peace may command fresh suit, hue and cry, and search to be made by officers and others, after theirs, robberies, enjoin watches for the arresting of suspected persons and nightwalkers, highways to be enlarged, that two Constables be chosen in every hundred, forbidden fairs and markets in Churchyards, command all between 15 and 60 to be sworn to the peace, charge the Constable to arrest all such as be suspected to be drawlatches. Lam. 185. justice of Peace taking bond in his own name, and not anno Regis, in a cause touching the King, is to be imprisoned. 33. Hen. 8. 39 justices of Peace at their Sessions are of equal authority. Lam. 385. Vide Cro. 122. ann. 33. The authority of a justice of Peace doth cease, 1 by the King's death; 2 by the express will, viz. by writ under the great Seal, or supersedeas; 3 by being left out of the commission; 4 by accession of another office, as being made Sheriff, or Coroner of the county. Dal. 89. Cro. 121. ann. 314. justice of Peace must send his prisoners to the common goal. Lam. 133. Dal. 30. 125. A fellow is brought before a justice of Peace upon suspicion, though it appear to the justice he is not guilty, yet he may not set him at liberty, but so as he may come to his trial, Dal. 260, 305, 242. Lam. 233. Cro. 40. b. 100 b. otherwise it will prove a voluntary escape in the justice; for he is not to be delivered by any man's discretion. Dal. 8. Lam. ut suprá. A man is arrested for felony by a Constable or other, who afterwards hath knowledge that there is no such felony done, the opinion of Keble was that he might set him at liberty: but if one be killed, and another be arrested for suspicion, though after he know the arrested is guiltless, or was arrested for malice, he ought not to set him at liberty, but must be delivered by course of law, otherwise it is felony. Cro. 40. What things a Justice of Peace ought to do ex officio. Record a demurrer upon the evidence. Lamb. 539. Give day to the party to bring in a record that it before other justices, which is pleaded by way of justification. Lam. 534. If thinking an indictment 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 King's Attorney, the justice of Peace may take issue with one that pleadeth a pardon, that he is one of the parties excepted. Lam. 540. justice of Peace cannot acquit felons of proclamations; but if no prosecution be, they are to keep them till the coming of the justice of goal-delivery. Lam. 550. justice of Peace may inquire of all manner of felonies at the common law, or given by any statute, and of all manner of trespasses done against the Peace of the King, and of such trespasser wherein action of the case will lie for trespass or decritz for in the end of the writ grounded upon the case is contained contra pacem nostram. Cro. 8. ●. One J. of Peace rebukes another; neither he, nor any of his fellow Justices, can commit him, for all are by one authority: but if one Justice abuse another in open Sessions, it seemeth the rest may bind him to the Peace. Cro. 102. a. Fitz. 32, 92. Defaults against the statute 3. Hen. 6. 11. for levying of wages for Knights of the shire, are to be heard and determined by enquiry for the King, or action for the party before the Just. of Peace. Lam. 512. Labourers and Servants. ONe Justice of Peace may cause all artificers and other persons meet to labour, by his discretion, to work by the day in hay and corn-harvest time, or imprison the refusers in the stocks for two days and one night. 5. Elis. 2. Dal. 59 The Constable refusing to stock them loseth 40 shill. One Justice of Peace under his hand and seal may licence labourers in hay and harvest time to go into another country to work. Dal. 59 One Justice of Peace upon complaint may compel meet persons to be bound as apprentices to husbandry or any other art, etc. and for refusal commit them to ward, there to remain until they be bound to serve according to the statute. Dal. 53, 76. 5. Elis. 4. One Justice of Peace may take order betwixt the master and apprentice, for want of conformity in the master, bind him over to the Qu. Sessions, where four justices, one being of the Quorum, may discharge the apprentice: and if fault be in the apprentice, inflict due correction, Dal. 59 but if the first justice find fault in the apprentice, he may by 7 Jac. send him to the house of correction as an idle disorderly person. Dal. 60. One justice of Peace may allow of the cause of putting away of a servant, or of his departure within his ●…m. Dal. 60. But an apprentice by 4 justices of Peace in open Sessions. ibid. One justice of Peace may command vagrant persons to prison if they will not serve. Dal. 63. One justice of Peace may make his warrant to attach a servant departing, to be at the Sessions, or may send him to the house of correction. Dal. 77. Two justices of Peace, upon complaint that a servant departed before the end of his term (except 1 cause be allowed by one justice of Peace; or a at the end of his term, without one quarters warning before two witnesses; or 3 hath refused to serv: for the wages appointed according to the statute; or 4 hath promised to serve accordingly, and doth not) may examine the matter, and may commit without bail such faulty person till he be bound to serve and continue, and then he is to be discharged without see to the gaoler. Dalt. 60. Lamb. 350. Two Justices of the Peace may imprison the master for 10 days without bail, and the servant for 21 days, that giveth or taketh greater wages than are allowed by statute. Dal. 61. Lamb. 330. All retainer, promise, or payment of wages, or any other thing contrary to statute, and every writing and bond for the purpose is void. Dal. 61. 5. Elis. 4. Two Justices of Peace may imprison for a year or more any servant, workman, or labourer, that doth make assault or affray upon his master, or any that hath the charge or oversight of them or of the work, being proved by the confession of the party, or oath of two. Dal. 6●. Or the Justices at the Sessions may inflict other punishment. One justice may bind the offender to the good behaviour, and so to the next Sessions. Dal. 78. Edit. 16●6. Lam. 330, & 473. Two justices 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. 61. Lamb. 330, 331. The retainer of any to serve in the arts of clothing, Wooll-weaver, Tucker, Fuller, Clothworker, Sheerman, Dyer, Hosier, Taylor, Shoemaker, Tanner, Pewterer, Baker, Brewer, Glover, Cutler, Smith, Farrier, Currier, Sadler, Spurrier, Turner, Bowyer, Fletcher, Arrowhead-maker, Butcher, Cook or Miller for less than a year, is void. 5. Elis. 4. Lamb. 473. Any unmarried, or under thirty years and married, me compellable to serve in any of the the said arts, or to be imprisoned until they will serve, 5. Elis. 4. upon request of any person using the said trades, except the person be lawfully retained with some other, or have 40 shill. per annum in lands, or 10 pound in goods, or some farm in tillage. Dal. 60. Lamb. 473. None retained in husbandry to departed at his time into any other limit without testimony, on pain of 20 days imprisonment, and to be whipped, if then he brings none; and receiver of such loseth 5 pound. Lamb. 474. Dal. 64. Labourers not working so many hours as they ought, lose a penny an hour. Lamb. 474. Servant falling sick, or non potens corpore, the master may not put him away, nor abate his wages. Dal. 83. Any taking work by great, and departing unlawfully before the work be finished, loseth 5 po. and is to be imprisoned for a month. Lamb. 474. Any taking an apprentice contrary to order of law, or exercising an art not being apprentice therein 7 years, loseth 10 pound. 5. Elis. 4. 5. Lamb. 475. Servant departing into another shire, is indicted for it in the county whence he departed; the Justice of Peace may award a Capias to the Sheriff of that shire whereunto he departed, returnable before themselves. 5. Elis. 4. Lamb. 525. The sufficiency of the cause of the masters putting away of his servant, or the servants departing from his master within his term, must be proved at the Q. Sessions. Lamb. 610. Household servant spoileth the goods of his deceased master, and after proclamation in the King's Bench maketh default of appearance there; it is felony, but not enquirable by the Justice of Peace. 33. H. 6. 1. Lamb. 281, 548. A man not able nor sufficient to keep a servant, doth retain a servant; such retainer is void. Dal. 63. Retainer of a servant in husbandry without expressing any term, shall be for one year, Crom. 184. Dal. 64. it is according to the statute, 5. Elis. 4. One retaineth a servant for 40 days, and afterwards another retaineth him for a year; the first retainer is void. Cro. 184. a. Dal. 64. A servant cannot be discharged by his master without his own agreement, or for some cause allowed by a Justice of Peace. Dal. 64. An apprentice cannot be discharged by his master but by writing, for an apprentice cannot be but by writing. Dal. 64, 62. Cro. 184. b. 185. b. A servant put away shall have his proportional wages for the time he served, but it must be by the help of a Justice of Peace. Dalinea 64. A servant of his own accord departing from his service, loseth all his wages. Dal. 64. A servant refusing to do his service, it is a departure in law, though he stay still with his master. Dal. 64. Detaining of wages, or of meat and drink, is good cause of departure, but to be allowed by a Justice of Peace. Dal. 64, 65. Cro. 185. a. A woman married after she is retained, must serve out her time. Cro. 184. b. Dal. 63. No servant in husbandry, artificer, or victualler, nor any labourer, shall carry any buckler, dagger, or sword, on pain to forfeit the same, but for defence of the realm, or travelling with their master, or about their master's business. 12. R. 2. b. Cro. 185. b. Any two Justices of Peace may give their consents with the Churchwardens and overseers, or to the greater part of them, to bind as apprentices the children of poor parents, till the age of the man-child of 24. and of the woman till 21. 39 Elis. 3. Lamb. 331, 327. 43. Elis. 2. Dal. 63. Retainer according to statute, though no wages be spoken of, is good, and shall have wages according to the proclamation. Dal. 61. Retainer not being according to statute, is void, except it be by Indenture. Dal. 81, 82. Retainer upon condition is good. Dal. 82. Retainer without expressing in what office, is good. Dal. 82. Retainer for life is good. Dal. 82. Retainer for a year to serve when he shall be required, is not good. Dal. 82. By retainer the servant is presently in service, though he come not into his master's service indeed. Dal. 82. The executor (the master dying) must pay wages to the servant hired according to statute, not otherwise, except it be by Indenture. Dal. 83. Larceny. Larceny is the felonious and fraudulent taking another man's personal goods, removed from his body and person, without his will, to the end to steal them. Lamb. 271. P. R. 129. Personal goods are Wholly another's Dead, Alive. His own, yet also a party in another. Dead goods, In their own nature chattels, as money, plate, householdstuff, Lam. 273. wool severed from the sheep's backs, to take the skin and leave the body, the flesh of tame or wild fowl or beast, 275. goods of the Church, parish, or of an unknown person, 276. Once no chattels, and made chattels by the owner, as mowed corn, mowed hay, wood felled, apples gathered, etc. 273, 276. Alive, Tame, as horses, beasts, sheep, swine, pullen. 273, 274. Wild, & made tame by Art, Restraint of liberty. By art, as A tame deer by common law. 275. By statute a falcon, tarcelet, lanner, lanneret, lost without bringing it to the Sheriff to be proclaimed. 274. By restraint of their liberty, as young pigeons, young herons, young hawks out of their nests, fish in a trunk, stew, or pond. 274. A man's own goods, Where he hath given a special property to another, as by bailment, pawning, etc. and feloniously taketh it again. 277. Where one coming lawfully to the possession, by lending altereth the property, as by melting of borrowed plate, and the lender taketh the metal feloniously. 277. In what goods larcenie cannot be committed. In goods of Profit, Pleasure. Goods of profit, as where is An owner: and they are Real, Personal. No owner, as treasure trove, wrecked, strayed. Lam. 276. Real are Distinct from the freehold, as charter of land or award. Lam. 275. Annexed to the freehold, as 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 pigeons flying, hawks not reclaimed, fishes in the river, Lam. 274. Dal. 234. pheasants, partridges, hares, coneys, herons, swans, or deer that are abroad. Lam. 275. Goods of pleasure, as dogs, apes, parrots, fing birds, a diamond, ruby, or other stone not set in gold or silver. Lam. 275. Larcenie is Grand larceny, Petty larceny. Grand larcenie is, where the thing stolen is above the value of 12 pence, and is punishable by death. Dal. 229. Petty larceny, if the thing stolen exceed not 12 pence, and is punishable by the discretion of the Justice before whom he is arraigned, and forfeiteth his goods. P. R. 129. Dal. 229. Divers petty larcenies put in one indictment, and above the value of 12 pence, are punishable by death. P. R. 129. Lam. 273. Dal. 230. Divers found guilty of one larcenie above 12 pence, they all must die for it, for that felony is several in law, even as those others were severed in act. Lam. 273. Dal. 230. What acts do amount to larcenie. To carry away the plate delivered to me in a tavern to drink in. Dal. 259. Cro. 35. b. Lam. 278. To carry those things one is hired to carry, to another place than he was hired, and there to convert them to his own use. Lam. 279. Dal. 130. Cro. 36. a. 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. 231. Carrier to convey away or convert to his own use the goods after they are brought to the place appointed by the owner. Dal. 230. Lam. 279. He to whom the key of ones chamber door is delivered, openeth the door and taketh away the goods. Lam. 279. Dal. 233. A servant receiving 20 pound 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. 252. Cro. 50. a. Lam. 281. A guest is harboured, who carrieth away his sheets out of his chamber with purpose to steal them, and is taken in the house. Dal. 233. Cro. 35. a. 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. 252. Cro. 50. a. Lam. 281. A carrier embezels part of the goods committed to his charge. Dal. 231. Cro. 36. a. A servant receiveth of his master a piece of cloth to keep, and he maketh a garment thereof, and goeth away therewith. Dal. 252. Cro. 50. a. A servant taketh away or spoileth the goods of his deceased master; upon default of appearance in the King's Bench after proclamation, it is felome. 233. 33. H. 6. 1. Lam 281. Taking an horse feloniously, and apprehended before he get the horse out of the close. Dal. 233. Lam. 282. The husband shall not be punished for these 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 larcenie. One having goods bailed unto him, converteth them to his own use. A carrier conveyeth the goods to another place than he was hired, and there converteth them to his own use. Lam. 278. Dal. 231. Cro. 36. a. An obligation or wares delivered to a servant, who receiveth the money or selleth the wares, and runneth away with the money. Dal. 232. Cro. 35. b. 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. A wife stealeth the goods of her husband, and delivereth them to another that knoweth thereof, it is larcenie in neither. Lam. 282. Dal. 237. Goods stolen by an infant under 12, a lunatic during his lunacy, a mad man, and deaf and dumb. 32. Dal. 237. Lam. 282. Riding away with a lent horse. Dal. 231. A clothier delivereth wool or yarn to his work-folks, who imbezell or sell part thereof. Dal. 231. Goods delivered to another to keep, and he consumeth them, or converteth them to his own use. Dal. 231. 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. 231. A servant hath a horse delivered by his master to ride to market, or money to go to a fair to buy or other, or to pay to another man, and the servant goeth away therewith; quaere if it be felony by statute, Dal. 232. A receiver receiveth his master's rents, and goeth away with them. Dal. 232. Cro. 50. a. Leather. Butcher that gasheth, slaughtereth, or cutteth the hide of the ox, steer, bull or cow, whereby it is impaired, loseth 20 pence; or that watereth any hide except in June, July, or August, or putteth to sale any putrified or rotten hide, loseth for every hide 3 shill. 4 pence. 1. Jac. 22. Lam. 462. Butcher using the said craft and also the mystery of tanner, loseth every day 6 shillings 8 pence. ibid. 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 than such as had a tannehouse 29 Martii 1603. and did then occupy tanning of leather, or hath been taught as an apprentice or hired servant 7 years in that mystery, or hath been wife or son of a tanner brought up in this mystery 4 years, or the son or daughter of a tanner, or such as hath married the wife or daughter of a tanner, having left to them his tannehouse and fats, that tanneth any leather, or taketh any profit by tanning, loseth all the leather tanned by him. Lam. 462, 463. 1. Jac. 22. None may buy, contract for, or bespeak any rough hides or calves skins, but only tanner's or tawers of leather, except ●…lt hides for the necessary use of ships, on pain of 6 shill. 8 pence for every hide. 1. Jac. 22. Lam. 463. None shall forestall any hides coming to fair or market, (except of such as kill for the provision of their house) on pain of 6 shill. 8 pence for every hide. 1. Jac. 22. None may buy tanned leather nor wrought, but such as will convert the same into made wares, (except nets, and shreds of saddles and girdles) upon loss of all the leather. Lamb. 463. 1. Jac. 22. Tanner suffering any hide to lie in the tannelimes till the same be overlimed, or that putteth any hides into the tanne-fats before the lime be perfectly wrought out of them, or useth any thing in tanning but only Ash-bark, Oak-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 9 months, or hath negligently wrought the hides in the woozes, or hath not renewed their woozes as oft as was requisite, or hath put to sale any tanned leather not wrought according to the statute. 1. Jac. 22. Lam. 463, 464. Tanner that raiseth with any mixtures any hides to be converted to backs bend-leather, clouting leather, or any other sole leather, except the same be fit and sufficient for that use, loseth the hides. x. Jac. 22. Lam. 464. Any that putteth to sale, exchangeth, or otherwise departeth with any tanned leather red and unwrought, being in open fair and market, unless it be searched & sealed in some open fair or market, or putteth to sale any leather not searched and sealed according to the statute, loseth for every hide or piece of leather 6 shillings 8 pence, and for every 12 calves skins or sheep skins 3 shillings ● pence, and also the hides and skins or their value. 1. Jac. 22. Lamb. 464. Tanner putting to sale any leather insufficient, or not throughly wrought and tanned, or not well and throughly dried, and the same so found by the tryers appointed, 1. Jac. 22. loseth so much as is insufficient. Lamb. 464. He that setteth his fats in tanne-hills, or other places where tho woozes or leather to be tanned in the same may take any unkind heats, or hath put any leather into warm woozes, or hath tanned with warm or hot woozes, forfeiteth 10 pound, and is to stand in the pillory three market days. Jac. 22. Lamb. 464. Felling oaks meet to be barked where bark is worth 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. 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 were 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 that then the leather will receive, or inner sole leather or upper leather but with good stuff being fresh and not salt, or hath not liquored them throughly, or hath scalded or shaved too thin, or gashed in shaving or otherwise, or not wrought sufficiently any leather, loseth 6 shillings 8 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. Jac. 22. Lamb. 465. Currier that during the time that he useth currying, useth the feat of a tanner, cordwainer, shoemaker, butcher, or other artificer using cutting of leather, loseth 6 shill. 8 pence each hide. ibid. Currier refusing to curry within 8 days in summer and 16 days in winter perfectly any leather brought by any cutter 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 dear, calves, or goat's skins dressed like Spanish leather) but of leather well tanned and curried, or well tanned only, and well sewed with thread well twisted, waxed, and rosined, with the stitches hard drawn with hand leathers, without mixing neat and calf's leather in the over leather thereof; or hath put into any shoes, boots, etc. any leather made of sheep-skinnes, bullhide, or horse-hide, or into the upper leather of any shoes, slippers, or pantofles, or into the neither part of boots (the inner part of the shoes only excepted) any part of the womb, shank, neck, flank, pole, or cheek of any hide, or into the outer sole other than the best of the ox or steer hide; or into the inner sole other than the necks, womb, pole, or cheek; or in treswels of the double sole shoes other than the flanks of any the said hides; or hath put to sale any year between the last of September and the twentieth of April any shoes, boots, etc. meet for any person above four years old, wherein hath been any dry English leather, other than calves or goat's skins dressed like Spanish leather; or hath showed for sale any of his wares upon Sunday, loseth 3 shillings 4 pence for every pair, and the just value. 1. Jac. cap. 22. Lam. 465, 466. Every lord of fair or market, that doth not appoint two or three honest and skilful men to be searchers and sealer's of leather there, and six honest and expert men to try the same leather, loseth 40 pound. Lam. 466. Such triers as do not their daties therein without delay, lose 5 pound for every default. Lam. 467. Searcher or sealer so appointed, refusing with speed to seal good leather, or allowing insufficient leather, loseth 40 shillings; or receiving any bribe or exacting any undue fee for execution of his office, loseth for every offence 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 enter into any place to search tanned leather, or wrought wares, or to seize or carry away that which is insufficient, or hath put away any tanned leather red & unwrought, without registering the same and the price thereof, loseth the value of the leather. Lam. 467. 1. Jac. 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 whilst he is in execution of his office. Lam. 14. He may also take presentment of an offence against the Peace. ibid. Lent, vide Fish-days. Liberties and Franchises. Justice of Peace may execute his authority within any liberties, not being a county within itself, and it is good, but the liberty may have their remedy against him. Lam. 47, 48. Dal. 21. Cro. 8. a. 181. b. 189. a. Libelers. A man finding a libel against a private man, must presently burn it, or deliver it to some Magistrate. Dal. 189, 190. edit. 1626. If against a Magistrate or public person, to deliver it to some magistrate, that by examination the author may be found out. Dal. 190. edit. 1626. Libelers (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 blood, and special occasions to the breach of the Peace. Dal. ibid. Libelling is by scandalous writings, by book, ballad, epigram, or rhyme; 2. by scandalous words, as scoffs, jests, taunts, or songs; 3. by hanging up of pictures or signs of reproach, near the place where the party traduced doth converse most, as gallows, cucking-stool, pillory, horns, or such like. Dal. 189. edit. 1626. 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 Elis. 4. Dal. 77. Lam. 332. 1. Jac. 25. justice of Peace dwelling near where any person suffered shipwreck shall land, may and aught to make a testimonial under his hand to such persons of the landing, etc. 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. 78, 100 Lam. 303. 35. Elis. 4. 17. 1. Jac. 25. No justice or justices of Peace (as it seemeth) can in any case licence any poor man to wander, or beg at all. Dalt. 78, 100 Lamb. 303. 35. Elis. 4. 17. Convicted for abusing of a licence of transportation of victual, shall be committed for a year without bail or mainprize. Lam. 349. Licenses for badgers, drovers, etc. are to be granted in open Qu. Sessions. 5. Elis. 12. Lam. 610. Linen cloth. He that causeth to be used any racking, beating, or casting any deceitful liquor, or other means on any kind of linen cloth, whereby it becometh deceitful, or the worse for use, forfeiteth such cloth, and is to have imprisonment for a month at the least, and to be fined according to the justice's discretion. 1. Elis. 12. Cro. 90. a. Lying in a way, vide Way-lying. Acts made 16. R. 2. & 20. R. 2. & 1. Hen. 4. & 7. H. 4. & 8. Hen. 6. & Hen. 8. are repealed. 3. Car. 4. Log-wood, alias Blockwood. Suspected to have offended against the statute for logwood, upon information to a justice of Peace, the suspect or his servant or workman may be called by warrant, and examined by oath or otherwise, to disclose the offence; and the offence being discovered, the offender and the examinates shall be bound over to the next goal-delivery or Qu. Sessions, and there be judged to forfeit 20 pounds, and pillory one or more market days, or upon refusal to be bound to be committed to the goal till he will be bound. 39 Elis. 11. Lam. 613. Dal. 38. Any two justices of the Peace, where any logwood shall be found, in whose hands soever it shall be, may cause the same to be burned. 23. Elis. 9 Dal. 38. Cro. 198. b. Masons. THe causing of masons to congregate themselves in chapters, is felony. Lam. 227. 3. Hen. 6. 1. Mainprize, 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 justice. 19 Hen. 7. 13. The justices shall sit upon the inquisition of riots with the Sheriff or undersheriff, and aught to certify 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 Hen. 7. 13. Cro. 199. b. Maintainers of quarrels and embracers of jurours are to be imprisoned, and bound to the good abearing. 33. Hen. 8. 10. 37. Hen. 8. 7. 38. E. 3. 13. Lam. 440. Maintenance is where any man giveth or delivereth to another that is 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. Embracer is he that when a matter is in trial between party & party, cometh to the bar 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 singer, or joint, or if a foot or any member be cut, or by some wound the sinews be made shrink, or other member or the fingers made crooked, or if an eye be put out, or the foreteeth broken or beat out, or any other thing be hurt in a man's body, by means whereof he is made the less fit to defend himself, or offend his enemy, he and his accessaries shall be grievously fined. Lam. 429. justices of Peace cannot upon an enditernent of maim, make the trial by their own view and inspection, as the J. of the King's Bench may do. Lam. 532, 414, 10. If justices of Peace stand in doubt whether the hurt be a maim or not, they may use the help and opinion of some skilful Chirurgeon to consider thereof. Malt. If any Bailiff or Constable of any borough or other town shall find any malt made contrary to the statute, 2. & 3. E. 6. 16. & 27. Elis. 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. 65. 21. Jac. 28. Any two justices of the Peace may duly convict by two witnesses, or by the party's confession, any person that shall disobey the restraint of malting made in open Q. Sessions, and shall commit him to prison without bail or mainprize for three days, until he become bound in forty pound to perform such restraint. 39 Elis. 16. Lam. 332, 202. Dal. 65. The Justices of Peace or the greater part of them, may in open Qu. Sessions restrain the converting of barley into malt. 39 Elis. 16. Lam. 613. Malt must be 3 weeks in the fat, on the floor steeping and drying, except in June, July, August, and then 17 days, or lose 20 pence for every quarter. Lam. 451. Dalt. 85. No insufficient malt mingled with good malt must be put to sale. 2. & 3. E. 6. 16. & 17. Elis. Lam. 452. Dal. 85. edit. 1626. No malt shall be put to sale that is insufficiently trodden, and out of which for every quarter hath not been fanned one peck of dust. ibid. Manslaughter, vide Homicide. Mariner. Mariner coming from beyond the seas, or a seafaring man having suffered shipwreck, and in want, may be licenced by the next Justice of Peace to his landing, to ask relief in his journey homewards. 39 Elis. 4. Lam. 303. Dal. 109. No fisherman to be taken for a mariner by the King's commission, unless chosen by the two next Justices to the place where he is to be taken. 5. Elis. 5. Lamb. 359. Dal. 66. Mariner departing from his Captain, without licence, or wand'ring idly without, or with a forged licence, knowing thereof, is a fellow. 39 Elis. 17. Lamb. 227. Any poor Mariner or Soldier coming from beyond the seas, that shall repair to his place of birth, etc. and cannot there get work, two Justices of the Peace next adjoining may take order to set him to work, and for want of work tax the whole hundred for his relief till sufficient work may be had. 39 Elis. 17. Dal. 109. Lamb. 359. Market overt. He that is owner, etc. of any fair or market where horses, geldings, mares, or fools are to be sold, and doth not yearly assign one open place where the said horses, etc. shall be sold, and one to take Toll, who shall continue there from 10 in the morning until sun set, forfeyteth 40 shill. for every day. 2. & 3. P. & M. 7. Cro. 91. a. Lam. 431. To alter the property of any strangers rights in horses and all other goods, they are to be sold in such a place or shop as is commonly used for selling goods of the same kind. Dal. 56. Sale in fair or market doth not take away the owner's property, the buyer knowing that it was another's. Dal. 56. Marriage. If any married person marrieth another, the former wife or husband being alive, except the busband or wife have been beyond the seas seven years together, or hath been absent within the King's dominions 7 years together, the one not knowing the other to be alive, or was at such marriage lawfully divorced to be void, or was had within years of consent, it is felony, 1. Jac. 11. Lam. 421. Dal. 245. Cro. 52. a. without corruption of blood, loss of dower, or disinheriting any heir. Mass. To sing Mass, forfeyteth 200 marks and ●… years imprisonment. To hear it, forfeyteth 100 marks and like imprisonment. 23. El. 1. Lam. 413. For the discovery of any who hath been at Mass, vide Jusuites. Master, vide Servant. Measure, vide Weight. Messages false. Two J. of P. 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. 37. 33. H. 8. Vide plus Cozenage. Milch Kine, vide Calves. Minstrels, vide Rogues. Misprision. Misprision is properly, where one knoweth that another hath committed treason, or felony, but was not consenting thereto, and will not discover the offender to the King or his Council, or to some magistrate, but conceals the offence. Dal. 203. Stam. 37. Term of Law, 131. A Chaplain fixed an old seal to a new Patent of non-residency, it was holden misprision of Treason. Term of Law, ibid. Knowing money to be counterfeit, and bringing it out of Ireland into England and uttering it in payment, is misprision of Treason. Term of Law, ibid. Cro stat. 38. For misprision of felony he shall only be fined. Dal. 203. Term of Law, ibid. Cro. 44. a. Misprision of Treason. To draw a sword, or strike a Justice sitting in place of judgement. Dal. 203. To strike a Juror in presence of the justice sitting in place of judgement. Dal. 203. To strike one in Westminster-Hall, any of the King's Courts sitting. Dal. 203. In which cases the offender shall lose his right hand, and shall have judgement as in misprision of Treason. Rescuing one arrested by a justice upon an affray sitting in place of justice, whereby he escapeth. Dal. 203. For offenders in high treason, misprision of treason, Praemunire, though I. of P. cannot meddle in the very point of the offence, yet upon complaint to a Justice of Peace, or other knowledge, he ought to cause the party to be apprehended, and joining with some other justice of Peace, to take the offender's examination and information upon oath of such as bring them, or other that can prove any thing material, and put it in writing under the hands of the informers, and commit the offenders to Goal, and bind over those which find any thing material to appear before the Lords of the Council, or elsewhere to give evidence upon reasonable warning, and to certify other doings to some of the Lords of the Council or elsewhere. Dalinea 7, 203, 204. Willingly to aid and maintain, or knowing such as have absolved, persuaded, or withdrawn any within the King's dominions from their obedience, or Religion now established, to the Romish Religion, or moved them to yield obedience to any other estate, or practised to do any of them, or doth not within 20 days disclose it to some justice of the Peace, or higher officer, it is misprision of treason. 23. Elis. 1. Lamb. 412. Within 6 weeks after any Bull or other instrument of reconciliation hath been offered, not to reveal it to some of the privy Council or Precedents of the North, or Wales, is misprision of treason. 23. El. 1. Lamb. 413. Misprision of Felony. He that seethe one killed by another, or rob, or any other felony committed, and is not of their confederacy, and doth not make resistance, or disturb the fellow, or levy hue and cry, but conceal the same, it is misprision of felony, and fineable. Dal. 244, 250. A man foreknoweth of a felony to be done, and concealeth it, and it is effected; it is misprision of felony. Dal. 251. Cro. 41. b. nu. 5. Mitigation of fines and forfeitures, vide Lambert. 577. Mittimus. Mittimus must contain the names of the parties, their offences, and time of imprisonment. Lamb. 297. Dal. 272. Cro. 153. a. If one be committed without bail or mainprize, the cause is expressed in the Mittimus, and yet is bailable, other Justices of the Peace may bind him: yet Quaere, saith Dal. 172. seeing their authority is equal. The form of the Mittimus. To send felons to the Goal, La. 220. Dal. 339. To send riotters to the Goal, Lamb. 321. To send shooters in pieces, Lamb. 297. Dal. 243. To send upon forcible entry, etc. Lamb. 150. To send to the house of Correction, Dal. 341, 342. To send an aleseller without licence, Dal. 340. To send a reputed father of a bastard, Dal. 340. Monasteries, vide Religious houses. Mortuaries. Spiritual person not to take mortuaries or any thing for them, where they have not been used to be paid, or where the goods of the dead are under 1o marks; taking above 4 sh. 4 pence where the goods are under 30 pound, or above 6 shill. 8 pence where they are above 30 pound and under 40 pound, or above 10 shill. where they are above 40 pound, he shall forfeit all taken above his due, and 40 shill. to the party grieved, 21. H. 8. 6. Lam. 435, 436. Multiplication of gold and silver. To practise the art of multiplication of gold and silver, is felony. 5. H. 4. 4. Lam. 227, 425. Murder. Murder is when one man upon malice pretended, prepensed, or precedent, doth kill another feloniously that liveth within the realm, or under the protection of the King, whether it be openly or privately, and whether the party slain be English or alien. Lam. 237. Dal. 208. Cro. 21. a. The kill shall have relation to the death and not to the stroke. Cro. 21. Cook, part 4. 42. Malice is Expressed, or Implied. Cro. 21. Dal. 209. Lam. 239. Malice expressed is when it is known that there is malice betwixt them, Cro. 21. and is apparent, and where there is a precedent falling out or lying in wait, or time and place appointed. Dal. 209. Malice implied is when one is killed suddenly without defence. Cro. 21. Dal. 209. As where one killeth another without provocation. Lam. 239. Dal. 209. One busied, as reading, going over a style, etc. killed. Dal. 209. Cro. 23. b. 27. a. One stabbed, not having weapon drawn. 1. Jac. 4. To kill an officer known in executing process. Dal. ibid. To kill an unknown officer if he show his warrant, and if an officer hath the King's writ or lawful warrant, though it be erroneous, and slain in executing it, is murder. Dal. 209. Lam. 240. To kill any magistrate or minister of justice in executing his office, or in keeping the Peace. Dal. 209, 210. Cro. 25. b. A rioter killeth an officer or an assistant coming to suppress a riot, Dal. 210. Cro. 23. b. it is murder in all the rioters. A constable parting an affray, or any of his company coming to aid him, although it was suddenly and in the night. Dal. 210. Cro. 25. a. A thief killing a true man in resisting, is murder of malice prepensed. Dal. 210. Cro. 21. a. Lam. 241. 1 A man carried his sick father into the frost, whereby he died. Dal. 210. Lam. 240. 2 An harlot hide her child and covered it with leaves, and a Kite struck it and killed it. Dal. 210. Lam. 240. 3 The owner knoweth his beast to be accustomed to hurt and doth not tie him up, and after the beast killed a man. Lam. 239. In these three cases voluntas reputabitur pro facto, for it showeth that they had a will to hurt, and the will doth amount to malice, Dal. 210. and so to murder. One having malice against another assaulteth that other, and after flieth to the wall, and then killeth that other; it is murder. Lam. 239. One condemned to die is killed by a private person without warrant, or by the officer contrary to the judgement; it is murder. Lam. 240. Prisoner killed by his gaoler by over hard keeping, it is murder. One commandeth his servant to beat a man, who beateth him so that he dieth thereof; it is murder in the commander, Dal. 212. murder in both, Lam. 24. if it be in the commander's presence. Many come to do an unlawful act, and one in doing thereof killeth a man; it is murder in all, although they did but look on. Dal. 212, 249. Cro. 22. a. 24. b. Lam. 241. Stam. 40. If they be not present, yet if they be in the same house or upon the same ground, it is murder in all. Dal. 212. Cro. 25. a. Lam. 241. All present and aiding, abetting or comforting another to do murder, are principals. Dal. 171. 213, 249. Cro. 22. a. Lam. 243. Two appoint the field and meet, and bring company with them, and one of them is slain; it is murder in all that came. Dal. 213. Murder is intended to one, and he killeth another; it is murder. Lam. 243. Dal. 212. A woundeth B in fight, and after they meet suddenly and fight; if B kill A, it is murder, for it is intended malice upon the former hurt; but if A kill B, it is but manslaughter, for the hurt did appease his former malice. Dal. 211. Lam. 251, 238. Two in suit meet and quarrel, and the defendant killeth the plaintiff; quaere if it be murder, Dal. 211. Two fight upon malice, and one of them killeth one that came to part them; it is murder in both. Dal. 212. Lam. 242. The owner rebuked one stealing his pears, who killed the owner; it was adjudged murder, Dal. 212. Cro. 24. a. Lam. 241. Poisoning of another wilfully whereby he dieth, is and was murder by the common law, Dal. 211. The party poisoned must die within a year and a day after receiving of the poison. Dal. 213. After the beating or hurting another, to make murder, or other homicide, the year and the day is reckoned from the stroke given. Dal. 213. Cro. 25. b. An appeal hath relation to the death. ibid. A woman delivered of a bastard, endeavouring privately either by drowning or by secret burying to conceal the death thereof, as that it may not come to light, whether it were born alive or dead, but be concealed, shall suffer death as in case of murder, except she make proof by one witness that the child was born dead. Justices of Peace may take Enditements of murder as of murder. Lam. 493. Musters. Convicted before the Justice of Peace for offence against the statute of musters, shall be imprisoned 10 days without bail, unless he pay the forfeiture being 40 shill. which is for absence without reasonable excuse, or not showing his best furniture being commanded. 4 & 5 P. & M. 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. Lam. 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. Nets, vide Hunting, Partridges and Pheasants. News. Contriver, speaker, or teller of false or counterfeit news, whereof discord, etc. may arise betwixt the King and his Nobles, or any other false news, lies, or other false things of Prelates, Dukes, Earls, and Barons, etc. whereof discord and slander may arise within the Realm, shall be imprisoned till he find out the author; and if he cannot find him, shall be punished by the advice of the Council. West. 1. E. 3. 4. 2. R. 2. 5. 12. R. 2. 11. 1. & 2. P. & M. 3. Next Justice. Where the 13 H. willeth the Justice of Peace most nigh in every County, where such riot or rout shall be, to do execution of the statute under pain of 100 pound, if any other Justice that be not next unto the place shall execute the statute, it will excuse the next, because all have power alike, by the first part of the stat. Lam. 326, 327. Dal. 8. 6. P. R. 30. Nightwalkers, vide Watches. Noble Personages. A Nobleman's promise to keep the Peace, hath been held sufficient. Dal. 131. Lam. 81, 82. A justice of Peace may not grant warrant of the Peace against a Lord of the Parliament. Dal. 132. Nor against a Duchess. Countess, or Baronesse; for they are Peers of the Realm, and shall be tried by their Peers, and have the same privileges that Dukes, Earls, and Barons have. Dal. 132, 133. Duchess, Countess, or any noble by birth, marrieth with a gentleman, she loseth not her name of dignity. Cro. 110. a. Dal. 133. Quaere, Vide Clergy, that a Nobleman may have his Clergy for any felony except wilful murder and poisoning. Non sanae memoriae. There be 3 sorts of persons Non sanae memoriae, or non compotes mentis. 1 A natural fool who is so from his birth. 2 He that was once of sound memory, and after by sickness, hurt, or other accident or visitation of God loseth it. 3 A lunatic, qui gaudet lucidis intervallis, and sometimes is of good understanding, and sometimes is not compos mentis. Nusans'. Every man may in a peaceable manner assemble meet company to do any lawful thing, or to remove or cast down any common nusans. Dalt. 194. Cro. 66. a. Obedience to the King. IF any practice to absolve, persuade, 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 See of Rome, or other estate, or if any have been willingly so absolved, or have promised such obedience, it is treason. 23. Elis. 1. Lam. 412. Cro. 18. a. Colore officii. When officers take any thing Colore officii, it is taken in malans partem, and is extortion, and the office is but a vail to cover the fault: but when it is ratione or virtute officii, than it is in bonam partem. Cro. 57 b. Ordinary. His Fees, vide Fees. The Ordinary oweth not his attendance at the Sessions of the Peace, as he doth at the goal-delivery. Lam. 395, 396. 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 justice of Peace, vide Dal. 10. Oath of supremacy, Dal. 11. Oath of allegiance, Dal. 12. 3. Jac. 4. 7. Jac. 6. The Custos Rotulorum or any two Justices of the Peace, one being of the Quorum, may take the oaths of Under-sheriffes' of their County, their Bailiffs, Deputies, Clerks, or under-officers, before they shall exercise their said offices. Dal. 108. Quaere if justices of the Peace may examine upon oath sureties of their sufficiency, Dal. 142. justices of Peace in their Sessions may do it. Cro. 194. a. Default of Under-sheriffes', their Clerks, Bailiffs, etc. in not taking their oaths for execution of their office, is to be heard and determined at the Quarter Sessions. 27. Elis. 12. Lam. 615. Under-sheriffes', Bailiffs, etc. doing any thing contrary to their oaths, lose to the party grieved triple damages. 27. Elis. 12. Lam. 433. Where the refuser of the oath of allegiance shall incur a Praemunire, vide Pramunire. Refuser of the oath of allegiance is disabled to execute any place of judicature or office, being no office of inheritance or ministerial function, or practise of the law Civil or Common, or the science of Physic, Surgery, or the art of Apothecary, or any liberal science. 7. Jac. 6. One justice of Peace to whom complaint is made, may commit to the goal without bail till the next Assizes, goal-delivery, or Quart. Sessions, any above the age of 18 years (under a Baron or Baronesse) which stand presented, indicted, or convicted for not coming to Church, or not receiving the Communion, or which by the Minister, petty Constable, and Churchwarden, or any two of them, shall be complained of to any justice of the Peace, and by him suspected for refusing the oath of allegiance. 7. Jac. 6. Lamb. 199, 200. Two Justices of Peace, one being of the Quorum, may require any person of the age of 18 or above, under the degree of a Baron or Baronesse, to take the oath of allegiance, and on refusal to commit him to the goal without bail, till the next Assizes or Q. Sessions. 7. Jac. 6. Lamb. 363. Where the examination of a justice of Peace is the conviction of the party, there it ought to be upon oath: but where it is but to inform the jury upon the indictment, it needeth not. Lamb. 536. Dal. 125. Though the statute doth not expressly say it shall be upon oath. Dal. ibid. In cases of felony it seemeth convenient that the information be upon oath, otherwise the examination shall not be given in evidence. If the examinate die before the trial, the examination may be evidence; without oath many will speak coldly. It is the practice of the Courts in Westminster. Dal. 264. Cro. 194 a. Lamb. 213, 214, 215. The refusing the oath of allegiance 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 Q. Sessions. 7. Jac. 6. Lamb. 216. The oath of allegiance required at the Q. Sessions of such as formerly refused the same, and being there tendered and refused, the refusers (other than Noblemen and women) incur Praemunire, except women covert, who are to be sent to the goal without bail. ibid. Orchyards and Gardens, vide Hedgebreakers. Overseers of the Poor. All to whom the overseers by 43. Elis. 2. may bind apprentices, may take and keep them as apprentices, and the overseers may with the assent of two justices of Peace, one being of the Quorum, in their respective limits where there be more than one, or by assent of one justice of Peace where there be no more, set up, use and occupy any trade, mystery, or occupation, only for setting poor of the parish on work wherein there are overseers. 3. Car. 4. Pannell, vide jurours. Pardon. AT the Common Law before the statute of 13. R: 2. a pardon of all felonies was good for murders, and some for treason. Lamb. 561. Pardon of all felonies is not good for murder or petty-treason, except the pardon be with a non obstante, or that murder be therein expressly mentioned. Dal. 213. Cro. 21. b. But it is good for accessaries, both before and after. Lamb. 561. A pardon of all felonies will not discharge a man that is attainted of felony, except the execution and attainder be pardoned. Dal. 213. Cro. 115. Lamb. 562. Breaker of the Peace after the pardon, forfeiteth the pardon, and may be hanged notwithstanding his pardon. Dal. 213. Cro. 115. b. The King only can pardon treason, murder, or other felony, or any accessary thereunto. Dal. 214. 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. Lamb. 559, 560. Pardon of abjuration is not good without special words of abjuration. Lamb. 562. Quaere if a general pardon for petty-treason avail him that is indicted of murder, without the word proditoriè. 560. A general pardon coming betwixt the stroke and the death of all misdemeanours, will avail for the death. Lamb. 560. Quaere if a pardon of all offences (except persons outlawed of murder) will avail one that hath committed manslaughter, and yet indicted and outlawed of murder, and after the pardon reverseth the outlawry. Lamb. 560. Pardon of attainder and execution for felony is not good for felony. Lamb. 562. Pardon of a Gaoler for escapes of felony and traitors, is not good for voluntary escapes. Lamb. 562. Pardon of 2 for all felonies done by them, or either of them, will not serve for offences done by one of them alone. Lamb. 562. Pardon must agree with the indictment in name and addition of the party, and nature of the offence; for a pardon of all felonies is not good for petty-treason, murder, nor of one attainted of felony. Lamb. 561. A 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. Lamb. 561. Prisoner pleadeth a pardon, the I. of P. in absence of the King's Attorney may join issue that he is one of the persons excepted. Lamb. 560. He that killeth another se defendend●, must sue to the King for a pardon. Lamb. 253. He that killeth one by misadventure, shall have a pardon of course without suit. Lamb. 254. The manner of suing a pardon of course is, If they desire to purchase their pardon, they must upon their trial plead not guilty, and then the special matter being found by verdict, they shall be bailed; then they must sue forth a Certiorari to certify the record to the Lord Chancellor, who shall make them a pardon of course under the great seal without suing to the King. D. 217. Sta. 154. Park and Parker, vide Hunting. Hunters or killers of any Dear or Coneys in the night or daytime in any park or warren, or in any other enclosed grounds, and being thereof lawfully convicted, every such offender shall suffer 3 months imprisonment, and find sufficient sureties for the good behaviour for the space of seven years, or else continue in prison till he find such sureties for the space of 7 years. Dal. 317. 5. Elis. 21. 3. Jac. 13. Ed 1626. Parson and Vicar, vide Ecclesiastical causes. Partridges and Pheasants. Every I. of P. may examine offences against the statute of 23. Elis. 10. Dal. 67. Lamb. 200. By 1. Jac. 27. he that shall shoot at, kill, or destroy with any gun or crossbow any Partridge, Pheasant, House-dove or Pigeon with setting-dogs and nets, or with any manner of nets, snares, engines, or instruments; or shall kill or destroy any partridge, pheasant, housedove, pigeon, heron, mallard, duck, teal, or any such fowl, or hare; or shall take or willingly destroy the eggs of any pheasant, partridge, or swan; or shall trace or course any hare in the snow, or take or destroy any hare with cords or such instruments, or shall keep any greyhound for dear or hare, or setting-dogs, or nets, to take pheasants or partridges, not having lands of inheritance of 10 pound, or 30 pound per annum, not having lands of inheritance for life or in goods 200 pound, or be son of a Knight, or son and heir apparent of an Esquire: any of the said offences being proved by the party's confession or oath of two witnesses before any two Justices of Peace of the county where the offence shall be committed, or the party apprehended, shall be imprisoned for 3 months without bail, unless he forthwith upon his conviction pay to the use of the poor there 20 shill. for every hare, fowl, and egg, and 40 sh. for every greyhound, setting-dog, or nets, or after three months imprisonment be bound with two sureties not to offend in any the said particulars, which recognizances taken by two Justices of the Peace may be returned at the Quarter Sessions. 1. Jac. 27. Dal. 67, 68 Lam. 335. By 7. Jac. 11. proof of 1 witness is sufficient for the taking, etc. of partridges and pheasants; the punishment as 1. Jac. 27. Killer of partridges or pheasants with hawks or dog, by colour of hawking between the first of July and the last of August, upon conviction within six months after the offence by the confession of the party or oath of two witnesses before two Justices of Peace, is to be imprisoned one month without bail, unless he pay presently to the Churchwardens and Overseers of the poor where he offended or was taken, 40 shill. for hawking, and 20 shill. for every partridge or pheasant taken. 7. Jac. 11. Dal. 68 Lam. 335. Taking of pheasants or partridges upon another man's ground by nets or otherwise, except unwillingly by trammell and there to let them go again, loseth 20 shill. a pheasant, and 10 shill. a partridge. 11. H. 7. 17. & 23. Elis. 10. Lam. 447. Hawking in corn before it be cropped, without consent of the owner, loseth 40 shill. ibid. Taker, killer, or destroyer, by guns, bows, setting-dogs, nets, or other engines, of any partridge or pheasant, except the owner of a warten, lord of a manor, or having lands of inheritance in his own or his wives right of the clear yearly value of 40 pound, or for life of 80 pound, or goods worth 400 pound, and their houshold-servants authorised by them within their own grounds in the day time only betwixt Michaelmas and Christmas, upon conviction within six weeks after the offence committed, by confession or oath of two witnesses before two Justices of Peace next the place of offence or apprehension, to be imprisoned 3 months without bail, unless he pay immediately unto the Churchwardens and Overseers of the poor of one of the said places, 20 shill. and be bound to the King by recognizance in 20 pound never to offend again; the same to be certified at the next general Quarter Sessions. 7. Jac. 11. Buyer or seller of hare, deer, partridge, or pheasant (except partridges or pheasants bred up or brought up from beyond the seas) loseth for every dear 40 sh. pheasant 20 sh. hare or partridge 10 sh. one moiety to the informer, the other to the poor of the parish. 1. Jac. 27. Constable by warrant from two Justices of the Peace may search the houses of any not allowed, suspected to have any setting-dogs or nets for partridges, and finding them, may detain, kill, or cut in pieces any of them. 7. Jac. 11. Offences against the statute of 1. Jac. 27. punished by it, are not to be punished by Judges of Assize in their circuit, Justices of Peace at Quarter Sessions, or two Justices of the Peace out of the Sessions. 1. Jac. 27. Offences punished by 7. Jac. 11. are not to be punished by any other. 7. Jac. 11. Peace. Every private person that shall be present at any affray, assault, or battery, aught to part them that fight: and if he take hurt, he shall have his action; but if they resist him, he may not hurt them. Lam. 131. Dal. 28. Every man may stay the affrayers, till their heat be cooled, and then they may deliver them to the Constable to imprison them till they find sureties of the Peace; but they may not imprison them unless the one of them be in peril of death by some hurt, for then any man may carry the other to the goal till it be known whether the other will live or die. Lam. 131. Dal. 28. He which hath mortally hurt another, flieth into another's house; any man that pursueth him with hue and cry, may break open the house, enter, and take him. Lam. 131, 132. Dal. 29. Peers, vide Noble personages. Pedlars, vide Rogues. Perjury. Procuring any unlawfully to commit wilful perjury in any case depending in Court of Record, Leet, Count Baron, Hundred Court, or ancient demesne, or hath corruptly suborned any witness sworn to testify in perpetuam rei memoriam, or if any have upon such procurement or by his own act wilfully committed such perjury, the procurer shall forfeit 40 pound; and if not worth so much, half a years imprisonment without bail, stand upon the pillory for one hou●e, and disabled for a witness for ever after. The perjured 20 pound and six months imprisonment, and ever disabled for a witness; and if not worth 20 pound, to have his ears nailed to the pollorie. 5. Elis. 9 & 14. Elis. 11. & 1. Jac. 25. Lam. 416. Cro. 18. a. b. This offence to be heard and determined in the Sessions. Lam. 609. Execution of the forfeiture upon the statute of perjury, to be awarded by the Justices of the Peace before whom the conviction was. Lam. 505. Committing of perjury upon answer to a bill of complaint is not within the statute of 5. Elis. 1. but for a false deposition upon examination upon interrogatories. Cro. 18. b. If any give false evidence upon a bill of indictment at the Sessions, it is held he shall not be punished by the statute of 5. Elis. for that the King is not named in the said statute. Cro. 16. b. Petty-treason. The wilful kill or joining in killing of the husband by the wife, the master or mistress by the servant, the Ordinary by his clerk, is petty-treason. 25. E. 3. 2. Lam. 245, 246. Dal. 204, 205. Cro. 19 b. The child maliciously killeth the father or mother, it is petty-treason, though the father or mother at the same time give neither meat, drink, nor wages to the said child; but it is treason in the said child, in respect of the duty of nature violated. Dal. 205. Cro. 19 b. But Lam. saith it is not treason in the child, if the father give it not meat nor drink, as to a servant, Lam. 245. and do their business, for it is as a servant. The son or daughter in law kill the father or mother in law with whom they dwell, and do service, and have meat and drink; it is pottie-treason, though such child take no wages; but the indictment shall be by the name of servant. Dal. 205. Judgement in petty-treason is, a man is to be drawn and hanged, if a woman, both in high-treason and petty-treason to be drawn and burned. Dal. 206. Lam. 570. The forfeiture for petty-treason is, the King shall have all his goods, and for his lands Annum, diem, & vastum, and the escheat thereof shall be to every lord of his proper fee. Dal. 206. No clergy is allowed in case of petty-treason. Dal. 212. Pewter, vide Brass. Physician. One neither Physician nor Chirurgeon taketh upon him to cure a sick or wounded man, who dioth under his hand, it was felony. 34. H. 8. Lam. 240. Dal. 211. But if a smith or other having skill only in curing and dressing diseases of horses or other cattles, shall take upon him cutting or letting blood, or such like cure of a man, who dieth thereof, it seemeth to be felony. Dal. Pictures brought from Rome, vide Agnus Dei. Plays & Players, vide Unlawful games, vide Rogues. Plague. Head-officers and justices of Peace in a corporation, or in a privileged place, or two of them, may set a weekly tax on the inhabitants of the corporation, or privileged place, or liberties thereof, for the reasonable relief of persons infected, or dwelling in houses infected within the said corporation or privileged place. 1. Jac. 31. Lamb. 337. Corporation or privileged 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 next justices of the Peace, may assess and tax the inhabitants of the county within five miles of the corporation at a weekly tax for the relief of them. 1. Jac. 31. Lamb. 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 the reasonable relief thereof. 1. Jac. 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 default of goods returned, the party by another warrant to be impleaded, till he make payment thereof with the arrearages. 1. Jac. 31. Taxes made for the relief of places infected, are to be certified at the next Qu. Sessions, and there to be continued, enlarged, or extended to other parts of the county, or determined by the greater part of the justices. 1. Jac. 31. Lam. 609. Taxes levied of the county for the relief of an infected corporation are to be disposed by the head-officer and justices of the corporation, or two of them; and if there be no justice, then by the justice's assessors, 1. Jac. 31. Officers negligent in levying of the taxes, lose 10 shill. to be employed as the taxes. 1. Jac. 31. watchmans not to be impeached for hurting those infectious persons that being commanded to keep in, will in offering to come forth resist the watchmen. 1. Jac. 31. Any infectious person commanded to keep in, goeth abroad and keepeth company, having an infectious sore uncured, is felony without corruption of blood, or forfeiture of goods; if without sore, to be punished as a vagabond by 39 Elis. and bound to his good behaviour for a year. 1. Jac. 31. Officers of a corporation and justices of the Peace in the county, may respectively appoint, swear, and direct searchers, watchers, and triers of infected persons and places. 1. Jac. 31. Lam. 197. Plaints in Court. One Justice of Peace may upon complaint examine the Sheriff or undersheriff and plaintiff concerning the taking and entering of plaints in their county Court in bonks 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 undersheriff; and if he thereby find them faulty, that shall stand for a sufficient conviction and attainder without further enquiry or examination, and these examinations the Justice must certify into the Exchequer within a quarter of a year, on pain of forfeiture of 40 shill. for every default. 11. Hen. 7. 15. Lam. 201. Dalt. 107. Sheriff entering plaints in any man's name that is not present in Court, nor hath any sufficient Attorney or deputy, loseth 40 shill. So if he enter more plaints than the plaintiff supposeth he hath cause of action for. 11. Hen. 7. cap. 1. Lam. 431. Pond and Pond-heads, vide Fish. Poisoning, vide Murder. Pope. To extol the power of the Pope by writing, printing, preaching, or any speech, open deed or act advisedly holden, or of his See hereto fore claimed and usurped within this Realm, or to abbet, procure, counsel, aid, or comfort such, is treason, 5. Eliz. 1. Lam. 411. for the second offence; for the first offence, Praemunire. Dalt. 200. Prese●…ment at the Quarter Sessions for extolling the power of the Pope of Rome, must be certified by the Justices of Peace before whom it was taken into the King's Bench, within 40 days after, if the term open; if not, than the first day of the next term, or every J. lose 100 pound. 5. Elis. 1. Printer, buyer, seller, or bringer from beyond the sea of any Popish Primer, Lady Psalters, etc. in any language, or other superstitious books in English, loseth 40 shill. a book, whereof one part to the King, another to the informer, a third to the poor of the parish where the book shall be found. 3. Jac. 5. Two Justices of the Peace may search the house or lodging of a Popish Recusant, or whose wife is such, for Popish books and relics, and finding any unmeet for them to use, must deface and burn them, or being of value deface them and restore them to the owner. 3. Jac. 5. Poor People. Traveller with wife and children, not being a rogue, dyeth or runneth away, the Town where that happeneth is not bound to keep them nor send them away, except they become wand'ring rogues, Lamb. 208. Resol. 7. Parents able to work are to find their children by their ●…bour, and not the parish. Resol. 8. None is to be removed out of the Town where he dwelleth, or sent to the place of birth or last habitation, but a vagrant, nor found by the Town except he be impotent. Resol. 9 Persons destitute of houses by expiration of term, or servants out of service, must provide houses for themselves and services. Resol. 9 Dal. 75. Able bodies refusing to work, and no wanderers, are not to be sent to the place of birth or last habitation, but to the house of correction, Res. 10. by such a Iust. of P. as may appoint overseers for the poor. 43. Elis. 2. Dal. 71. Lamb. 209, & 295. 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. Res. 10. It is fineable to remove or put any out of the parish, who are not to be put out, and such may be sent back. Resol. 11. None may take relief at any man's door in the parish, but by the appointment of the overseers, nor beg in the highways in their parish. Res. 15. Parsons, vicar's, farmers, or owners of impropriations, colemines, or saleable woods, are to be charged with the relief of the poor. Res. 18, 19 In default of an assess made by the Churchwardens, Constables, and Parishioners of the Tax imposed upon them at the Easter-Sessions, one justice dwelling in the parish, or if none dwell there, the next adjoining Iust. may rate the assess, & in default of payment may levy the same by distress. Any justice of Peace may imprison without bail, and make sale of the offender's goods, rendering to the party the overplus; and in default of such distress, any justice of Peace may imprison without bail such refuser until he pay the same. 43. Elis. 2. Lamb. 294, 295. Dal. 110. Bishop and his Chancellor and 3 I. of P. have power to examine how money for relief of the poor appointed by the statute is bestowed, and to call to account the detainers thereof. 14. Elis. 5. & 39 Elis. 34. Lamb. 336. I. of P. proved before the judges of Assize by 2 witnesses to be in default of examination of the statute for the poor, loseth 5 pound. 14. Elis. 5. Lamb. 372. Parents at the Q. Sessions appointed to keep their children, or children their parents, and have not relieved them at their own charges, lose 20 shil. a month. 39 Elis. 34. Lamb. 445. In disability of the parish or hundred to relieve their poor, the greater part of the justices at the Q. Session's may rate any other parish or hundred thereto. 39 Elis. 3. & 43. Elis. 2. Lamb. 611. Beggar's children at the Q. Session's may be bound to serve any subject in an honest calling. 14. Elis. 5. & 18. Elis. 3. Lamb. 614. Performance, or not performance of so much of the statute of 14. Elis. 5. for the poor as is not repealed by 39 Elis. 3. or 43. Elis. 2. is to be yearly examined at Easter-Sessions. 14. Elis. 5. Lam. 620. Overplus of the stock for maimed soldiers is to be employed by the greater part of the Just. at the Q. Sessions to such charitable uses, as are set down in the statute for the poor, except by them it be reserved for future pensions. 43. Elis. 3. Young children, the parents being dead, are to be set on work and relieved by the Town where they dwelled at the death of their parents, and not sent to the place of their birth. Dal. 75. The justices may compel such as be of ability, to take poor children apprentices, and may bind such masters refusing over to the next goal-delivery: so said Sr. Henry Montague at Cambridge Assizes 1618. and the statute of 43. Elis. 2. seemeth to warrant as much, the words whereof are to this effect, It shall be lawful for the Churchwardens and overseers or the greater part of them, by the assent of 2 I. of the P. to bind any such children to be apprentices where they shall see convenient cause, Dal. 92, 93. or the Churchwardens or overseers, with the assent of 2 such Justices, may impose a competent sum of money upon such refuser for putting out such an apprentice, and upon refusal to levy it upon the Just●… of Peace his warrant by distress and sale of the offender's goods. Dal. 93. Edit. 1626. If the parents, without good cause showed, refuse to suffer their children to be apprentices, the Justice may bind them over to answer their contempt; if the child refuse, send him to the house of correction quousque, etc. Dal. 93. A master putteth his apprentice into apparel, he cannot take it away though he part with the apprentice. Dal. 93. Edit. 1626. If after the death of A, another man abateth or entereth 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 only. Lam. 153. Dal. 44, 185. Two Justices of Peace, one being of the Quorum, may send to the house of correction or goal such as employ not themselves to work being appointed. 43. Elis. 2. Power of the County. Information of a not is a sufficient cause to raise the power of the county, though indeed there were none. Lamb. 315. Dal. 88, 89. Cro. 62, 64. b. Power of the county is raised without knowledge or information of a riot; if when they come they find one, it is lawful, and they may proceed to punish it. Lamb. 316. Dal. 88, 89. Cro. 62, 64. b. Power of the county in suppressing a riot, vide Riot. The Justice of Peace, Sheriff, or undersheriff, in levying power of the county, may have the aid of all the Knights, & other temporal men under this degree that are above the age of 15, and able to travel, upon pain of imprisonment, fine, and ransom to the King. Dal. 88 L. 315. Cro. 157. b. But it is referred to the discretion of the Justices how many or how few they will have, and in what sort they shall be armed. Dal. 88 Lamb. 315. Cro. 64. b. One I. of P. may take power of the county, suppress riotters, and need not tarry till his fellows come. Cro. 157. b. Dal. 84. Lamb. 184. Constable may take the aid of his neighbour to arrest another upon an affray. Cro. 158. a. L. 134. Sheriff upon a writ of execution returned that he could not execute it for resistance, and was amerced 20 marks, because he took not the power of the county. Cro. 158. a. Preacher. He that disturbeth a Preacher of purpose maliciously or contemptuously in Sermon-time, is to be bound to his good behaviour, and have 3 months imprisonment. Lamb. 416. 1. M. c. 3. If the disturber of any preacher be arrested and brought before any justice of Peace, upon due accusation and examination heard, either by the arrester or other person, he shall forthwith commit the party so taken to custody by his discretion; and within 6 days after another justice joining in examination, they, upon confession of the party, or conviction of 2 witnesses, may commit him to prison for 3 months. 1. Mar. 4. Lamb. 195, 333. Quaere if all the statute of 1. Mar. 3. be not repealed by the general words at the latter end of the statute. 1. Elis. 2. Precept, vide Warrant. Praemunire. Refusal to take the oath of the King's supremacy, the first offence is praemunire, the second treason. 5. Elis. 1. Lam. 411. To aid, comfort, or maintain one that hath committed treason in using of bulls, is praemunire. 23. Elis. 1. Lam. 411. Vide Treason. To hold, set forth, or defend the power spiritual of any foreign Prince or person heretofore claimed, used, or usurped within the King's dominions by writing, printing, 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. 1. & 5. El. 1. enquirable by words of 23. El. 1. & Lam. 411. He which aideth any person that putteth in ure any bull, writing, or instrument of absolution gotten from Bishop or See of Rome, etc. to the intent to uphold the authority of the See of Rome, incurreth praemunire. 13. El. 21. & 23. El. 1. Lam. 413. To bring from the Bishop or See of Rome, or any claiming 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 King's subjects to use or receive them to such intent, and not to apprehend the offender, or within three days 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. 2. & 23. El. 1 Lam. 414. The forfeiture in cases of praemunire upon the statute of 16. R. 2. is to forfeit his lands and 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 King's protection. Cro. 14. a. Dal. 226. but quaere if he be attainted upon the 27. of E. 3. 1. if he appear and the day of the praemunire returned. Dal. ibid. Edit. 1626. A man may not kill him which is attainted in the praemunire, by 5. Elis. 1. but before he might, for they were out of the King's protection. Cro. 15. a. One lawfully imprisoned until the next Sessions for refusing the oath of allegiance, and there again refusing it, incurs a praemunire, except married women, who are only to be imprisoned without bail. 3. Jac. 4. & 7. Jac. 6. Not disclosing nor certifying within 24 days the name of him which bringeth any Agnus Dei, crosses, or pictures, to one of the King's Council, 13. El. 2. is praemunire. Breakers of bargains contrary to the statute of 27. H. 8. provided against usury, shall be punished, as Counselors, Attorneys or Advocates in case of praemunire. 27. El. 8. Delivering or sending any relief to a jesuite, Priest, or other remaining in any college of jesuites, incurreth praemunire. 27. El. 2. Presentment. Presentment is a declaration of the jurours or Officers without any bill offered before. Lam. 405. It differeth from an indictment, which is the verdict of the jurours that be charged to inquire 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 Jurours be allied or of blood to him that procureth the indictment; but it is no discretion in the Justice to suffer such to be impanelled. Lam. 398. Presentment where some of the Jurours be allied or of blood. Presentment of a Jury of an hundred, of an offence done in another hundred. 399. Presentment where all were not sworn, if the Record be that all were sworn. Lam. 399. Where the declaration of the Officers 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. cap. 8. & 5. Elis. cap. 13. of highways. Dal. 51. Cro. 125. b. 195. a. Searchers appointed to examine the true making of tile. Constable for sundry points in the statute of Winchester. 13. E. 1. Amendment of a presentment, vide Venire sacias. Priests, vide Jesuits. Principal and Accessary, vide Accessary. Prison. One committed to prison for refusing to find sureties for the Peace, shall remain there till he freely offer and find them. Lam. 93. 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 goal-delivery. Lam. 93. Quaere. One imprisoned till he make fine that stood whilst 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 goal at pleasure. Dalinea 297. Cro. 169. 8. 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 the goal. Dal. 297. Lam. 133. Just. of Peace cannot commit felons to prisons which be not common goals, nor make a goal of their own houses. Dal. 197. Lam. 133. 5. H. 4. Justice of Peace may commit to the stocks some offenders against certain penal statutes. Dal. 297. Breach of prison is the escape of a fellow, though not indicted, out of the goal, stocks, or possession of any keeper. Lam. 229. One imprisoned upon a Capias pro fine is to be delivered upon payment thereof, Lam. 574. or upon pledges by recognizances for payment thereof. Prisoners. Every one who is under arrest for felony, is a prisoner as well without prison as in the stocks, in the highway, or in the possession of him that arrested or hath the keeping of him. Dal. 239. To break prison is felony, being committed for felony. Lam. 229, 424. Rescous to help a prisoner committed for felony, to get away is felony. Lam. 229, 424. If an officer or other whatsoever by his wilful 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 man's possession. Lam. 229. Unlawfully to utter a device to set a prisoner at liberty, indicted of treason concerning the King's person, is felony, Lam. 403. expired. Churchwardens are to levy money for the relief of prisoners, and to pay it to the high Constable quarterly, who is to pay it to the collector at the Quarter Sessions, and he is to distribute it weekly; any making default lose 5 pound. 14. Elis. 5. Lam. 475. Prisoner of sufficient ability shall bear his own charges, and of them that shall be appointed to guard him to the goal; and he refusing, the Constable of the parish where he dwelleth, by warrant from the Justice that committed him, may 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. 10. Prisoner not of ability, and those that guard him, to have their charges from the place of apprehension to the goal born by the parish where he is apprehended, the same to be equally taxed by the Constables and Churchwardens, & two or three of the inhabitants, and allowed by the J. of P. 3. Jac. 10. Any lawfully taxed for the charge of bringing a prisoner to the goal, and refusing to pay it, Constable or other officer of the parish, by warrant from the justice of Peace 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. 10. Default in action for a distress taken by force of the statute of 3. Jac. 10. may plead not guilty, and give the special matter in evidence, and upon recovery or nonsuit shall have triple damages. 3. J. 10. Prisoners discharged by justices of Peace who take the indictment to be void, may be stayed if they change their opinion before judgement. Lam. 540. 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 certain causes where it is especially given them by statute. ibid. Authority to make process upon enditements 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. No process, plea, or suit, is to be discontinued by making a new commission of the Peace. 11. H. 6. Ed. 6. 2. Lam. 520. Process upon all enditements of trespass against the Peace or upon special statute is Venire facias; and if he be thereupon returned sufficient, than a Distringas infin●…è; if he be returned nihil habet, then Capias alias, pluries. Exigent. Lam. 522, 523. Process upon the statute of unlawful games, liveries, maintenance, archery, etc. Venire facias, Capias, Exigent. 33. H. 8. 10. Quaere it not repealed by 37. H. 8. 7. Lam. 523. Process upon the statute of victuals, attachments, Capias, Exigent. Lam. 523, 524. Process upon depraving the Sacrament is two Capias, Exigent, Capias ut legatum, and may be sent by any three Justices into any shire. Lam. 524. Justices of Peace may award process into a foreign county against an accountant for money levied for making a goal. 23. H. 8. 5. Elis. 4. Lam. 6. 25. justices of Peace where the servant departed, may award a Capias to the Sheriff of the shire whereinto he departed, returnable before themselves. 5. Elis. 4. So where a decayed bridge is in one county, and the party or land chargeable in another county. 32. H. 6. 5. Lam. 525. One indicted of treason or trespass in one county, is imprisoned in another. justice's may award Habeas corpus to remove him before themselves. Lam. 526. Process upon indictment of felony may be sent into any foreign county. 5. E. 3. 11. Lam. 528. Process upon indictment of felony is two Capias and an Exigent. 23. E. 3. 14. Lam. 527. indictment of treason, felony, or trespass in one county nameth the indicted to be in another, the first process shall go into the county where he is indicted, the second to the county where he is named, to be returnable three months after; and if he be not to be found there, than that Sheriff to make proclamation at two County Courts before the justices of the county when the indictment is at the day in the Capias; and if he appear not, an Exigent to be awarded. 8. H. 6. 10. Lam. 525, 526. The two justices of the Peace which have the oversight of the amerciaments, upon suggestion may make process as in the trespass against the offenders of that statute to answer before them. 11. H. 7. 15. Lam. 360. No process is to be awarded by the justice after outlawry, but they are to certify the outlawry into the Kings Bench. Lam. 523, 524. Process upon informations must be such as the statute whereupon they are grounded do appoint. Lam. 528. The Sheriff or his minister that hath arrested, or caused any fine, ransom, or amerciament to be levied by reason of indictment or presentment at the Sheriff's turn or law day without process from the justice, loseth 40 pound. 1. E. 4. 2. Lam. 45. Informations made in the Sessions that an alehouse keeper hath done any thing whereby he hath forfeited his recognizance, the justice of Peace may award process against him, to show cause why he should not forfeit his recognizance, Lam. ●…. but quaere what process. Process cannot be awarded by the justice of Peace upon any forfeited recognizance except alehouses, but he must certify them to the higher Courts. Lam. ibid. justices of Peace where the servant departed, may award a Capias to the Sheriff of the shire whereinto he departed, returnable before themselves. 5. Elis. 4. Lam. 525. Proclamation. Justices of Peace cannot acquit felons by proclamations, or without sufficient requitail; and if they cannot indite them, they must remain till the goal-delivery. Lam. 549, 550. The form of proclamations to remove a force upon a writ upon the statute of Northampton, vide Lam. 168, 169. Dal. 46, 47. Constable, if any affray be dangerous, may make proclamation. Lam. 132. Dalton makes quaere, 28. One Justice of Peace may make a proclamation in the King's name to stay a riot. Lam. 183. Quaere, for the statute 1. M. 12. d. 1. Elis. 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. Hen. 7. 12. is to be read every Qu. Sessions, or every justice present loseth 20 shill. 4. Hen. 7. 12. Lam. 633. Quaere if of force now. Promoters, vide Informers. Prophesying. Prophesier with intent to make rebellion or other disturbance in the Realm, being convicted thereof before the justice of Peace, shall be imprisoned one year without bail for the first offence, and forfeit also ten pound; for the second offence imprisoned all his life, and lose all his goods and chattels real and personal, to be impeached within six months. 5. Elis. 15. Lamb. 415, 416. Purveyors. If purveyors, caterers, or servants of any man but the King, take any thing without the owners will, or as they can agree and make present payment, it is felony. Lam. 231. Dal. 246. Crom. 48. a. Purveyour shall not take cart or other provision of any Prelate or Clerk. Purveyour, his deputy, undertaker, or servant maketh purveyance without warrant, of any thing above 12 pence, without consent of the owner, it is felony. 2. & 3. P. & M. cap. 6. Lam. 422. Dal. 245. Cro. 48. a. Purveyour taking any carriage in other manner than is comprised in his Commission, it is felony. 36. Ed. 3. cap. 2. Lam. 423. Dal. 145. Or any purveyour without Commission under the great Seai, Dal. ibid. Cro. 48. b. it is felony. Or make purveyance of goods above 12 pence, without testimony and apprizement of the Constable and four honest men of the town, and without delivering tales or indentures under his seal testifying his purveyance, it is felony. Lam. 423. Dal. 245. 5. E. 3. a. 25. E. 3. 1. To take more victuals or carriages for the King's house, than he shall deliver to the same house, is felony. Dal. 245. To take sheep in their wools betwixt Easter and Midsummer at small prices, and to carry them to his own houses to shear them, Lam. 423. Dal. 245. 23. E. 3. 15. is felony. Quaere if the felony of purveyors by 36. E. 3. b. be not altered by 2. 3. H. 6. 14. Purveyour taking any thing of 40 shillings, or under, without present payment, loseth double the value of the thing taken; and the Constable upon request made, not aiding him to resist the purveyour so taking, loseth double damages. And any of the King's officers procuring any to be arrested or vexed for such resistance, loseth 20 pound. 20. Hen. 6. 8. & 23. H. 6. 2. Lam. 438. Purveyour taking any thing of any man to spare him, is to be imprisoned two years, pay triple damages, and ransom. Lam. 439. Purveyour taking corn by other measure then the strike bushel, or by any more than eight such bushels to the quarter, and that hath taken carriages therefore without making ready payment, is to be imprisoned one year, and pay 5 pound unto the King, and 5 pound unto the party. 25. E. 3. 36. E. 3. 3. & 1. Hen. 5. 10. Lam. 439. Purveyour of timber or his deputy, causing any timber to be felled fit for barking, but only in barking time, except trees for building or repairing the King's ships or houses, or having taken any profit by the lops, tops, or barks of any trees, or having taken from the owner any more of any tree then only the timber, loseth 40 shillings for every tree. Lam. 438, 439. Dockets of Purveyors ought to be delivered over to the justice of Peace at the next general Sessions, and by the justice to be certified to the treasurer of the King's household. 2. & 3. P. & M. b. Lam. 614. Purveyour taking any provision for the King's house by force of his Commission, and selling away the same, his first taking is extortion, and he is punishable as a trespaster, if not as a fellow. Dalt. 246. Undertakers, deputies servants, and all other which under colour of the King's Commission to the King's purveyors, do take any victuals against the statute, are liable to the pains therein mentioned against purveyors. 2. & 3. Ph. & M. b. Cro. 48. b. Justices of Peace are to certify to the Treasurer of the King's household the dockets of purveyors (brought to their Sessions by Constables) that the serving of such Commissions, and the true answering of purveyances may be better examined thereby. Lam. 590. 2. & 3. P. & M. b. Putting out of eyes. Upon malice prepensed to put out any one's eyes, is felony. 5. H. 4. 5. Lam. 420. Dal. 242. Cro. 49. a. Lam. 256. Quarter-Sessions, vide Sessions. Rape, or ravishment. Deflowering of a maid under ten years old, with or without consent, is felony without clergy. 18. Elis. cap. 6. Lam. 256, 421. Dal. 248. Cro. 47. b. Ravishing of a woman against her will, without consent either before or after the fact, or being with force, though after she do consent, is felony without clergy. West. 2. cap. 34. 18. Elis. 6. Lam. 256, 241. Dal. 248. Cro. 47. b. To be present and aiding the ravisher, is rape. Lam. 258. Dal. 248. Cro. 47. b. Stam. 24. No rape where the party deflowered conceiveth with child. Lamb. 257. Dalt. 248. Crom. 47. b. Stam. 24. Deflowering of one kept as the deflowrers' concubine, is no rape; otherwise of another man's concubine. Lam. 257. Dal. 248. Cro. 47. b. Stam. 24. Force without carnal knowledge is no rape. Lam. 257, 258. A woman that is ravished aught presently to levy hue and cry, and to complain thereof presently to some credible persons. Dalt. 248. Crom. 100 a. Stam. 22. To ravish a woman who consenteth for fear of death, etc. is ravishment; for consent ought to be voluntary and free. Dal. 248. Cro. 48. a. Rates, vide Taxations. Records. To raze a record is felony; yet if a judge do embezzle or raze a record, it is but misprision in a judge. Dal. 243. Embezelling of any record, writ returnable, panel, process, or warrant of Attorney in Chancery, King's Bench, Exchequer, Common pleas, or Treasury, is felony in the parties, their counsellors, procurers, or abetters. Dal. 243. But it seemeth that Justices of Peace have not to do with these felonies. Dal. 148. Lam. 449. Cro. 56. 8. 8. H. 6. 12. Rebellious assemblies. The statutes 1. Mar. 12. and 1. Elis. are discontinued. Recognisance. Recognisance is a bond of record testifying the recogniler to owe a certain sum of money to some other, and the acknowledgement of the same is to remain of record, and none can take it but only a Judge or officer of record. Dal. 284. Every recognizance taken by a justice of Peace, must be made by these words Domino Regi, upon pain of imprisonment of any person that shall take it otherwise. Dal. 285, 332. 33. H. 8. 29. Cro. 196. 8. Lam. 162. Dal. 142. Sureties in recognizances ought to be subsidy men, and they must be two besides the party himself. Lam. 101. It is in the discretion of a justice of Peace, if he take a recognizance ex officio, to appoint or allow the number of the sureties, their sufficiency in goods and lands, the sum of money, and how long he shall be bound. Dal. 141. Lam. 100 If a Justice of Peace be deceived in the ability of the sureties, he may compel the party to put in another. Lam. 101. Recognisance of the Peace, without expressing in the condition that it was for keeping of the Peace, seemeth void. Lam. 103. Dal. 142. So it is if a recognizance be that a recogniser shall not maim or beat A, without expressing keeping the peace. Lam. 103. Dal. 142. Recognisance comprehending no time of appearance, but generally to keep the peace, is good. Lam. 103. Dalt. 144. Recognisance for the peace upon a supplicavit, is not of necessity to be returned until certiorari. Lam. 109. Dalt. 144. Recognisance taken to keep the peace against one especially, quaere if it be good, Lam. 104. Dal. 143. Recognisance taken ex officio, may be removed by Certiorari. Lam. 109. Dal. 145. Recognisance not forfeited is discharged by the death of the King, the cognizer or the party suing for it, if it were against him alone. Lam. 113. The sureties dying, the recognizance is good against the executours. Lam. 113. Recognizances taken are to be certified notwithstanding the death of the King, Lam. 113. or of the recognizer, or of the party at whose suit it was granted. Lam. 113. The recognizance being forfeited, the Justice shall in discretion require new sureties, or commit him to prison. Lam. 114. Recognisance of the Peace brought into the Custos Rotulorum and not pursued, may be called upon for the King by the Clerk of the Peace. ibid. Justice of the Peace cannot award process upon a forfeited recognizance, but it must be certified into the higher court, except recognizance for alehouses, Lam. 589. Dal. 144. Cro. 167, and the cause of the forfeiture. Dal. 172. Recognizances or examinations taken concerning suspects or felons, are to be certified at the next general goal-delivery. 2. & 3. P. & M. 10. Lam. Recognizances taken by a justice of Peace ex officio, are to be brought into the Custos Rotulorum at the next general Sessions, Lam. 109. Dal. 144. Cro. 139. a. but no pain by the statute of 3. H. 7. 1. if he do not. None but the King can pardon a recognizance once forfeited. Lam. 113. Reconciliation, vide Treason. Records. Records be nothing else but memorials or monuments of things done before Judges that have credit in that behalf. Lam. 63. If a record say any thing, no man shall be received to aver or speak against it. Lam. 63. The Judges may correct or amend any record in the term wherein the record is to be made, but after they have no power at all over them. Lam. 64. Dal. The record or testimony of a Justice of Peace is in some cases of greater force than an indictment of a jury, and against it the party shall not be admitted to traverse. Lam. 65. Embezelling of a record is felony, but not to be dealt withal by a justice 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 Clerk of the Peace to be brought to the next Sessions of the Peace. Lam. 391. One pleadeth a record before other justices by way of justification, the justices ought to give him day to bring in the record. Lam. 523. A Justice of Peace upon a Commission being convicted by oath of twelve men of embezelling, wilful rasing of an indictment, or maliciously inrolling that for an indictment, which was not found, or changing an indictment of trespass into an indictment of felony, loseth his office, and shall be fined and imprisoned according to his offence. Recusants. Wilfully absenting themselves from Church 12 months, contrary to 1. Elis. 2. and convicted, being of 16 years of age, are to be bound to the good behaviour, upon certificate of one justice of Peace to the King's Bench, 1. Elis. 2. besides other penalties. 23. Elis. Dalt. 80. 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 month. 35. Elis. 1. Heir of a Recusant being a Recusant at his ancestors death, conforming himself, and taking the oath of supremacy made 1. Elis. before the Archbishop or Bishop of the Diocese, shall be free from penalties for the recusancy of his ancestor. 1. Jac. 4. Heir of a Recusant being under 16 years at the death of his ancestor, at or after 16 years becomes a Recusant, he is not to be freed of his ancestors penalties for recusancy, till conformity as afore said. 1. Jac. 4. Two parts of Popish Recusants lands being seized for payment of 20 pound a month, the third is not to be charged with it, but is to descend to his heir, and the two parts to remain in the King's hands till he be satisfied thereof both for the ancestor and heir. 1. Jac. 4. Any sending his children beyond the seas out of the King's dominions to any religious house, to be instructed or strengthened in Popery, loseth 100 shill. and the person so going, or being there, and not returning in one year, is disabled to inherit, purchase, or take any lands or goods in his Majesty's dominions, till conformity. 1. Jac. 4. Estates in trust for benefit of any sent beyond the sea to any religious house to be instructed in Popery, are void. 1. Jac. 4. Forfeitures upon the statute of 1. Jac. 4. against Popish Recusants, half to the King, and half to the sure in any the Courts of record at Westminster by action of debt, etc. 1. Jac. 4. Popish Recusant conforming himself in coming to Church according to the law, and after convicted for nor receiving the Sacrament once every year, loseth for the 1 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 loseth for every offence 60 pound, one moiety to the King, the other to the informer, to be recovered in any of the King's Courts at Westminster, or before the judges of Assize, or justices of the Peace at their Qu. Sessions by action of debt, etc. 3. Jac. 4. Lam. 418. Constables and Churchwardens, or for want of them, the high Constable once every year, are to present the monthly absence of Popish Recusants from Church, with the names of the servants and children above 9 years old, or lose 20 shill. for every offence, and upon their conviction to have 40 shill. out of their goods. 3. Jac. 4. Clerk of the Peace is to record the presentment of Constables and Churchwardens for monthly absence from Church, without fee, or loseth 40. shill. Offences upon any statute for not going to Church or receiving the Sacrament, may be heard and be determined by the justices of Peace at their Qu. Sessions, as justices of Assize might before. 3. Jac. 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, than the same to be a sufficient conviction. 3. Jac. 4. Lam. 616. Popish Recusant convicted of not coming to Church according to law, shall in Easter or Michaelmas term next after the conviction, pay into his Majest. receipt 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 seized till conformity, leaving the mansion house to the third part. 3. Jac. 4. The King seizing two parts may not let it to any Recusant nor for their use, and the lessee must give security to the King, not to commit waste. 3. Jac. 4. Enditements against Popish Recusants are not to be avoided for want of form until conformity. 3. Jac. 4. justice of Peace may hear and determine all offences against the statute 3. Jac. 4. except treason. 3. Jac. 4. Lam. 617. Attainder of felony upon the statute of 3. Jac. 4. of Popish Recusants, barreth not dower, nor corrupteth blood. 3. Jac. 4. Any pursued for doing any thing warranted by the statute of 3. Jac. 4. may plead the general issue, and give the special matter in evidence. 3. Jac. 4. Husband is not chargeable with the forfeiture of the wife upon the statute of 3. Jac. 4. for not receiving the Sacrament, nor the wife after his death. Popish Recusant convict, coming to the court where the King or his heir apparent is, without the King's command, or warrant in writing from the Council, loseth 100 pound, 3. Jac. 5. the one half to the prosecutor. Recusants convict or other forbearing for three months to hear divine service, now dwelling in London or within 10 miles, (except tradesmen having no other dwelling) are to departed within 40 days, and if they come to dwell there within 3 months, then to departed within 10 days after conviction, and to deliver their names to the Mayor of London or the next Justice of the county, or lose 100 pound, 3. Jac. 5. the moiety to the 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 confession or oath of one witness, one Justice of Peace may call the offender before him, and if he cannot satisfy the Justice by excuse for his absence, the Churchwardens by warrant from the Just. of Peace, may levy 12 pence for every default by distress and sale of the offender's goods; & in default of distress the Justice may commit him till he pay it, which is to be employed for the poor. 3. Jac. 4. Dal. 80. 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 10 pound a month. 3. Jac. 4. The King or five Lords of the privy Council may by writing under the hands of the privy Council licence a Popish Recusant confined five miles, to travel o●… of his compass for such time as is contained in the licence, without inserting any cause. 3. Jac. 5. Popish Recusant confined to five miles, informing upon oath four justices of Peace that he hath necessary occasion to travel further, and that he will make no causeless delays, they, with the assent of the Bishop of the diocese, 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 licenses to be void; and any travelling without such licence, not having taken such oath, shall forfeit as a Recusant convicted by the statute of 35. El. 2. 3. Jac. 5. Dal. 84. Lam. 365. Statute 35. El. 2. confining Popish Recusants to certain limits is hereby confirmed, and the proviso for licensing them to go beyond their limits is hereby repealed. 3. Jac. 5. Popish Recusants convicted, are not to practise the common or civil law, nor physic, 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 war, nor any office or charge in any ship, castle, or fortress of the Kings, on pain of an 100 pound, one moiety to the King, the other to him that will sue. 3. Jac. 5. Popish Recusant convicted, or whose wife is a Popish Recusant, during recusancy not to execute any public office or charge in the Realm. Married woman being a Recusant convicted, whose husband is not convicted, not conforming herself according to law, forfeiteth to the King two parts of her dower and jointure, and is disabled to be executrix or administratrix to her husband. 3. Jac. 5. Popish Recusant upon conviction is to be adjudged excommunicate to all intents, except in being able to sue for or concerning his lands and leases not seized by the King. 3. Jac. 5. Recusant convicted, married otherwise then by a Minister lawfully authorised, and according to the orders of the Church, is disabled to be tenant by courtesy, or in dower, or by jointure, or to have widows estate or frankbank, or any part of her husband's goods; and marrying any, by whom he is not entitled to be tenant by the courtesy, loseth 100 pound, one moiety to the King, the other to him that will sue. 3. Jac. 5. Child of a Popish Recusant, not baptised according to the orders of the Church within one month after the birth, the father or mother, if he die within the month, 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. Jac. 5. Popish Recusant excommunicated, buried otherwise then according to the orders of the Church, his executours or administratours knowing it or causers of it, lose 20 pound, one third part to the King, one third part to the poor of the parish, and one third part to him that will sue for it. 3. Jac. 5. Popish Recusant convicted, during his conviction, to be from the ending of that parliament disabled to grant any advo●…son, etc. or to present or nominate to any spiritual living, the same to remain to the Chancellors of the Universities, according to the 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. 5. Penalties upon the statute of 3. Jac. 5. against Recusants to be recovered in any his Majesty's courts of record by action of debt, bill, plaint, or information, without ●ssoin, protection, or wager of law. 3. Jac. 5. Married woman under Baronesse, convicted of not coming to Church, who doth not within three months after conform herself, 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 the King, or the third part of his lands. 7. Jac. 6. The penalty of 12 pence, and of 20 pound a month shall be both of them paid by a Recusant convict. Dal. 104. Cook 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 notify himself to the Minister and Constables according to the statute of 35. Elis. or afterwards remove 5 miles from the same (if upon apprehension he conform not within 3 months) to abjure the realm and assign him his time and haven. 35. El. 2. Dal. 8. The form of the oath. You shall swear you shall departed this Realm of England, and all other his Majesty's dominions, and that you shall not return hither or come again into any of his Majesty's dominious without licence of our sovereign Lord the King, or of his heirs; so help you God. Dal. 107. Stam. 119. Every such Recusant that refuseth to abjure, or after abjuration doth not within the time appointed go to such haven and departed, or after such abjuration returneth without his Majesty's special licence, in every such case shall be adjudged a fellow. 35. El. 2. Dal. 108. Lam. 419. The Justices of Peace before whom such abjurations shall be made, must presently cause the same to be entered at the next general goal-delivery in the said county. ibid. The Bishop of the diocese or any one Justice of Peace, or Minister of the parish where such convicted Recusant shall be, may require his submission. ibid. Justices of Peace at their Quarter Sessions may require, hear, and determine of all Recusants both for not coming to Church and not receiving the Sacrament according to law, as J. of Assize and goal-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 Quarter Sessions, at which if the offender make not appearance of record, it shall be a conviction. 1. Jac. 4. Lam. 616. Regratour. Regratour is he that buyeth live or dead victuals, tallow, or candles in the market, and selleth the same there, or within 4 miles. ●3. El. 25. Lam. 450. Release. justice of Peace compelleth one of his own motion to give surety of the Peace until a certain day, he may by like discretion release it before the day. Lam. 110. Dal. 146. Cro. 139. b. Party bound generally to keep the Peace without any day limited, it is for life, and no man can release it. Lam. 110. Dal. 146. Cro. 142. b. Recognisance is taken at the suit of 〈◊〉 to keep the Peace against him only, A may release it before the same justice or any other that will certify it. Lam. 110. Dal. 147. Cro. 139. b. 169. a. That release being certified at the next Quarter Sessions will discharge the party bound of his appearance, so that he shall not be called upon for his recognizance. Dal. ibid. Recognisance is taken versus cunctum populum, praecipuè versus A; yet A may release it before any justice: tamen quaere, Lam. 110. Dal. 147. Cro. 142. b. Recognisance is taken by discretion or upon suit, the King cannot release or pardon it before forfeiture. Lam. 111. Dal. 147. Cro. 140. b. 141. a. The Peace being released, the recognizance must not be canceled, but certified at the Sessions with the release, lest peradventure the Peace was broken before the release made. Lam. 111. Dal. 144. Cro. 1. Whether the good abearing taken upon complaint may be released by any special person, quaere, Lam 133. Dal. 163. Neither the justice of the Peace nor the party can discharge the recognizance of the Peace by the release out of the Sessions; for first the recognizance is made by the King, and therefore none but the King can release or discharge it. Secondly, the recognizance is taken for the party's appearance, and the release cannot discharge the appearance. Dal. 175. 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 indicted thereupon. Dal. 176. F. contra Comp. 139. b. If the justices of Peace at the Sessions do certify 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 only that then he should find new surety if the party will not release: and this is the common usage. Vide plus Recognisance, & Forfeiture. Religious houses. The owner of the site of a religious house dissolved, must keep a continual house there, or lose 20 nobles a month, to be enquired of at the Quarter Sessions. 27. H. 8. 22. 5. El. 2. Lam. 471. Replevin, vide Bailment. Rescous of a Felon. Rescous is to help a prisoner to get away; and if it be a fellow, it is felony. Lam. 229. Dal. 238, 239. Rescous of a fellow before arrest is no felony, otherwise after arrest. Lam. 230. Dal. 229. Quaere. Rescuing a prisoner going to the gallows, is felony. Dal. 229. A warrant being granted by a justice of the Peace for unlawful hunting of deer or coneys, to make rescous thereupon, is felony. Dal. 57 Rescous against an officer or person authorised to execute the statute of 39 El. 4. loseth 5 pound, and is to be bound to his good behaviour. Dal. 101. Restitution of Possession. None shall have restitution but such as are put out of house or land. Dal. 171. 183. Cro. 162. b. Lam. 153. If it be found upon enquiry that any have entered or held with force, contrary to the statute 8. H. 6. 9 the justice of Peace may reseise and put the party so put out in full possession. Dal. 182. Cro. 161. b. The justice of Peace needeth not to stay or stand upon the right or title of either party. Dal. 183. Cro. 161. b. 164. a. No restitution is to be made where there was only a possession in law. Lam. 153. In a restitution it is not enough that the putting out be found, unless the indictment do also contain in it adhuc extra tenet. Dal. 183. Cro. 163. b. Lam. 153. Restitution ought to be made to none other than the party put out. Dal. 183. Cro. 162. b. Dal. 183. Lam. 153. After the entering or detaining with force found, the justice of Peace may by himself or precept to the Sheriff under the test of himself alone restore the party grieved to his possession. Dal. 185. Lam. 156. None can make restitution but they before whom the indictment is found, but the Justices of the King's Bench, either upon certificate made by the J. of P. before whom it was found of the presentment, or if the said presentment or indictment be removed by Certiorari. Dalt. 185. Lam. 157, 158. If the Sheriff return upon a precept or writ of restitution that he cannot make restitution for resistance, he shall be amerced, for he may take the power of the county. Dalt. 185. Lam. 157. Cro. 163. b. Justice of Peace before whom the presentment was made, dieth before restitution; quaere, whether the Justices at the Sessions can award it. Lam. 155. Justices of Peace ought not to award restituion where the indictment is sufficient in law, either in matter or form. Dalt. 183. 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 message, cottage, meadow, pasture, wood, or land arable: 3. it must say Et adhuc extratenent: 4. Expulerunt & adhuc extratenent: 5. one of these two words manu forti, or cum multitudine. Dalt. 183. Cro. 169. b. Lam. 153. If error or insufficiency be in the indictment taken before Justices of Peace, & restitution awarded, any two Justices of those that were present at the taking thereof may at another Sessions, or without Sessions grant a supersedeas if the Sheriff have not made restitution before. Dalt. 184. Cro. 162. a. If restitution be made by justice upon insufficient indictment, and it be removed into the King's Bench, the court will restore the party put out by the justice of Peace. Dalt. 183, 184. Cro. 168. a. 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 allege for stay of restitution, until it be tried, if the other will traverse or deny the same. 31. Elis. cap. 11. Dal. 188. 2 Certiorari. 3 A traverse: quaere, Lam. 158. 4 Insufficiency of the indictment. 5 Insufficiency of the jurours not having 40 shill. land by the year. Quaere. justice of Peace, upon indictment found, may give restitution as formerly to freeholders', to tenants for years by copy of court, guardians in Knight's service, tenants by elegit stat. merchants or staple. 21. Jac. 15. Dal. 201. Restitution of stolen goods. He that hath goods stolen, if the fellow be thereof indicted and arraigned, and found guilty thereof, or otherwise attainted by reason of evidence: given by the party rob, or the owner of the goods, or other by their procurement, than the goods shall be restored though they never made fresh suit. Dalt. And the justices have power to award writs of restitution. 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Executours' shall have restitution after attainder or conviction upon evidence by their means given. Dalt. 262. Three are rob, restitution shall be only to such for whose goods the fellow was indicted. Dalt. 263. Cro. 191. a. A fellow stealeth from feveral men, is attainted only at the suit of one; the King shall have the goods of those, at whose suit he was not attainted. Dal. 263. There be diverse thiefs, and only one principal is attainted, the rob shall have restitution. Dal. 263. If the fellow sold the stolen goods in market overt, or in a fair, no restitution, except he that bought them were privy to the felony. ib. Cro. 191. a No restitution of stolen goods, if he know not the fellow. Dal. 263. No restitution if the fellow leaveth the goods and escapeth, and the Lord of the manor seizeth them. Dal. 263. If the fellow had not the goods in his possession when he fled, but left them elsewhere, they are not waived, but the owner may take them wheresoever he findeth them. Dal. 263. Cook 5. Return. Recognisance taken upon supersedeas ought to be returned at the next Qu. Sessions. Supplicavit is to be returned into the court whence it came. Lam. 107 Return of a recognizance upon a supplicavit, is not of necessity till Certiorari. Lam. 109. Return of jurours, vide jurours. Vide Recognisance, & Release, & Certificate. Riots. Riot is where three or more persons be disorderly assembled to commit with force any unlawful act, and do accordingly execute or attempt the same. Lam. 176. Dal. 192. Cro. 61. a. What assemblies shall not be said a Riot. 1. Sheriff or Bailiff leavy people to serve the King's writs. Lam. 178. Dal. 192. 2. Constable gathereth assistance of men with weapons to part an affray. Lam. 178. 3 A man threarened to be beaten in his house. assembleth company with force or otherwise, or threatened to be beat as he goeth to market. Lam. 179. Dal. 194. Cro. 69. a. 4. Many assemble together, and they know not to what end. Lam. 179. Dal. 192. Cro. 61. b. 5. Many assemble at a Church-ale or at a Christmas dinner, and they suddenly fall out and fight. Lam. 179. Dal. maketh quaere, 193. 6. A number of women and children under the age of discretion stock together for their own cause, unless moved by a man of discretion to do some unlawful act. Lam. 180. Dalt. 196. 7. To gather mere 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 another's, Lam. 178. yet if he use threatening words, as to say he will have it in spite of the other, or though he die for it, his doing may then become a riot. ibid. Dalt. 195. 8. To meet to drink at an alehouse, to play at football, bucklers, bear, or bull-baiting, dancing, bowls, cards or dice, or such like disports. Dalt. 193. Cro. 61. b. Lam. 178. 9 To use harness on Midsummer day at night in London, or on May-day in the counney. Lam. 178. Dalt. 193. Cro. 64. b. 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. Dalt. 192. Cro. 61. b. 62. a. A jury falleth out and fighteth, it is no riot. Dal. 192. 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. Dalt. 193. Quaere if falling out suddenly at such a meeting, and then falling to take parts, be a riot, Dalt. 193. But if by agreement they meet again and fight, it is a riot. ibidem. Vide Crom. 61. b. Dalt. 218. It can be no riot, except there be an intent precedent to do some unlawful act with force. Dal. 192. Cro. 61. a. 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. 4. Dalt. 195. What one J. of P. 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. 84. 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. Dalt. 84. Lam. 181. justices of Peace sitting in a judicial place, and seeing a riot, may command them to be arrested, and recorded, and it concludeth the offenders, Dal. 84. But a justice of Peace in another place seeing a riot, and recording it, the parties may traverse it. ibid. Cro. 65. a. Every justice of Peace being of and in the county, having notice of any riot, aught to execute the statute 13. H. 4. 7. viz. that the rioters be arrested, etc. and removed, otherwise the next justices forfeit 100 pounds apiece, and every other justice in whom there shall be default, fineable in the Star-chamber. Dal. 84, 85. Cro. 124. a. One justice of Peace may arrest rioters, enforce them to find sureties for the Peace or good behaviour, or in default commit them to prison. Dal. 84, 85, 87. 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. 85. Lam. 181. 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. 85. Cro. 64. a. 148. b. One justice of Peace may cause all statutes for suppressing of riots to be put in execution. Dal. 85. If the riot be notorious, it is not safe to stay complaint or information. What two Just. of Peace may do in a riot. They ought to send for the Sheriff or undersheriff, if none of them come, Dal. 86. Lam. 327. If one or two next justices do come, and not the Sheriff or Undersheriff, each as come shall be excused of their fine of 100 pound. Dal. 86. Lam. 327. Cro. 63. b. If one justice of Peace in the county shall execute the statute of 13. H. 4. 7. it shall excuse the next justices. Dal. 86. 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. 7. ought to be done. Dal. 86. Cr. 63 The particulars which the two next Justices of Peace with the Sheriff or Under-sheriff must do upon the statute of 13. H. 4. 7. Dal. 88 1 They must go to the place where the riot is. Dal. 88 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 ransom. Dal. 88 Cro. 157. Lam. 314, 315. It is good to raise the power of the county with certain information (though it be false and excused) or without information, if when they come they find one. 88, 89. Cro. 64. b. Lam. 315, 316. 3 They shall arrest all such offenders, or cause them to be arrested, bring the force, commit to prison the rioters, and take away their weapons. Dalt. 89. Lam. 326, 327. And all such as come into the company, if they be present, shall be arrested, imprisoned, and fined, as it seemeth. Dal. ibid. Such as they meet coming from the place riotously arrayed, they may arrest and imprison, but cannot record any riot done by them, but after enquiry may fine them. Dal. 89. Cro. 63. a. Lam. 316. The justices see the riot committed, and the rioters escape; they must record them, and cannot arrest them but upon fresh suit, which record must be sent into the King's Bench, that process may come from thence. Dal. 80. Lam. 318. The justices may grant a warrant for such as they saw escaping, to be bound to the good behaviour. Dalt. 81. Cro. 196. a. And so they may do upon information, but it is best to do it upon enquiry, and so to fine them. Dalt. 90. In execution of the said arrest of rioters, the justices may justify the beating, wounding, or killing of any the rioters which resist or will not yield. Dalt. 90. Cro. 62. b. 158. b. Lam. 316. 4. After arrest the justice, Sheriff, or undersheriff 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, etc. Dalt. 90. Cro. 63. a. Lam. 316, 317. The form of the record, vide Dalt. Lam. 220. If in going to see a riot, another riot happen in their presence, they may record it, arrest and imprison the offenders. Dalt. 90. Lam. 318. If the rioters make a riot upon the justices, they may record it also. Dalt. 90. justice records a riot, and upon examination it appears no riot, or saw it not, or there was no riot, yet the parties are concluded. Dalt. 90. Cro. 63. a. 65. a. 130. a. Lam. 317. The justices are presently to commit rioters to the goal, and the power of the county ought to be aiding to the Sheriff or Undersheriff. Dalt. 91. None may commit the rioters but the justices who had the view. ibid. If the justice, Sheriff, or Undersheriff commit to prison the offenders, and do not record the riot, every of them loseth 100 pound. Dalt. 91. Cro. 61. b. The said Justice and none other shall assess the fine upon the offenders, which by the statute of 1. H. 5. 8. ought to be of good value, that thereout the charges of the Justice and other officers may be born, yet must be reasonable and just. Dal. 91. Cro. 61. a. Lam. 317. The fines must be imposed upon every offendor severally. Dal. 91. The sine must be estreated into the Exchequer, Dal. 91. and then to deliver the offender as it seemeth. ibid. The J. as it seemeth, may out of the fines pay the charges of the said justice, and of the jury who made the enquiry for their diet and the Sheriff's fees; and the justice's Clerk who maketh up the record, may have his fees out of that money, or rather may take of every offender 12 pence when they pay their fines. Dal. 117, 118. Or the justice may record the riot, commit the offender, and after certify the record to the Assizes, Sessions, or Kings Bench. Dal. 91, 92. The record may be delivered at the Sessions to the Clerk of the Peace, together with the residue of the money remaining of the fine. Dal. 118. Where justices of Peace are remiss in punishing the rioters, the Lords in the Starchamber may and do after assess greater fines for the same riot. Dal. 94. Cro. 63. a. If the riot was not committed in the presence of the justice, or the rioters gone before their coming, two justices at least within one month next after must inquire 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. 92. Cro. 124. a. Lam. 321. The form of such enquiry, vide Dal. 9 Lam. 329. Enquirie shall not be unless the rioters be gone. Dal. 92. It is not necessary that one of the Justices of Peace be of the Quorum. Dal. 92. Cro. 62. b. The enquiry may be made at any time after the month; but if it be not within the month, the Justices are in danger to lose 100 pound: yet if the Jury be charged within the month, and have day after to give up the verdict, the statute is not broken. Dal. 92. Lam. 322. At the enquiry the Sheriff or Undersheriff must be present, but then as ministers only. Dal. 92. Lam. 321. The Justices assembled to inquire within the month, the parties agree, and the Justices dismiss thereupon the Jury, the Justices shall be fined though none will solicit 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. 92, 93. Lam. 322. If at the parties request the J. dismiss the Jury without enquiry, they are fineable in the Star-chamber to the King. Dal. 93. P. R. 29. The I. 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. Dalt. 93. Though the justices go not to see the riot, yet they may inquire within a month after. Lamb. 321. 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 offender under their own test. Secondly, to assess the fine. Thirdly, to commit till they have paid the fine. Fourthly, to deliver them after payment of their fine or sureties taken by recognizance, receive their traverse, if the matter will serve, and dismiss them. Dal. 93. Lam. 323. But the justices should send such indictment or inquisition to the next Quarter Sessions or into the King's Bench together with the said traverse there to be tried. Dal. 93. If the riot upon enquiry cannot be found, the justices and Sheriff must certify into the Star-chamber, or Council board, or King's Bench, the whole fact and circumstance, with the names of the offenders, etc. Dal. 94. Lam. 323, 324. The certificate must be made with in a month after the enquiry, or else it is of no force. Dal. 95. Lam. 324. 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 Undersheriff, may make the certificate. Dal. 95. Lam. 325. Where the several certificates be made, or certificate and enquiry do disagree, the best for the King shall be preferred. Dal. 95. Lam. 325. If the jury find but some guilty, the justices may certify the rest. Dal. 95. Lam. 325. Any material thing left out in the inquisition, may be omitted in the certificate. Dal. 95. Quaere if after enquiry and before certificate the Sheriff die, or one of the justices be put out of Commission, whether certificate be void. Dal. 95. Vide Lam. 326. Upon the certificate of two justices and the Sheriff, the Lord Chancellor may grant a Capias to attach the offenders. Dal. 95, 96. Lam. 318. Upon default of the justices and Sheriff in not executing the statute 13. H. 4. 7. the party grieved may have a Commission to inquire of the riot, as also of the justices and Sheriff's default. Dal. 95. 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. Rogues. All persons here under mentioned, being above the age of 7 years, may be punished as rogues. Dal. 97. 39 El. 4. 1 All going about begging about any pretence or colour, though licenced by any subject, except in some particular cases after mentioned. Dal. ibid. Lam. 442. 2 All going about the country using any subtle craft or unlawful games, as fortune-tellers, jugglers. ibid. 3 All projectors, patent-gatherers, or collectors for prisons and hospitals. ibid. 442. 4 All fencers, bearwards, common players of interludes, and minstrels wand'ring abroad. ibid. Lam. 443. 1. Jac. 7. 5 All pedlars, petty chapmen, tinkers, and glassemen wand'ring abroad. 1. Jac. 17. Dal. ibid. Lam. 443. 6 All wand'ring labourers able in body, refusing to work for reasonable wages, having nothing but labour to maintain themselves. Dal. ibid. Lam. 443. But such as are of any parish, able to work for the 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 highways, ibid. are to be sent to the house of correction. 8 All pretending to be Egyptians, not being felons. Dal. ibid. Lam. 443. 9 Soldiers or mariners that beg, 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 time limited for their travel, and pursuing the said licence, 39 Elis. 4. or do counterfeit any certificate from their General, Governor, Captain, Lieutenant, Martial, deputy, or Admicall. Dal. 97. 10 Diseased persons travelling to the baths and licenced, if they beg, or not licenced by two justices, or not returning as they are limited. Dal. 97, 98. Lam. 443. 11 A rogue once whipped, not performing the order appointed by his testimonial. Dal. 98. 12 A rogue going with a general passport, not directed from parish to parish, Dal. ibid. So a rogue carrying his own passport without a guide. Dal. 98. 13 Servant departing out of service without testimonial, 5. El. 4. or taken with counterfeited testimonial. Dal. 98. 14 Persons infected with the plague, going abroad contrary to order. 1. Jac. 31. Dal. ibid. 15 Persons able to labour and relieve themselves and families, that run away or threaten to run away and leave their charge to the parish. 7. Jac. 4. Dal. 98. 16 Any calling himself a scholar, that hath gone about begging. Lam. 443. 17 Any pretending loss by fire or otherwise, that wand'ring beggeth. Lam. 443. 18 Any delivered out of goal, that hath begged for fee. Lam. 443. Any Justice of Peace may appoint any person to be openly whipped naked, even unto bleeding, that shall be taken begging, wand'ring, or misordering himself, and is declared by the statute, 39 Elis. 4. to be a rogue, vagabond, or sturdy beggar, and shall cause him so whipped to be sent from parish to parish by the officers of the same, the next way to the parish where such person was born, if it can be known; if not, to the parish where such rogue last dwelled before the punishment by the space of a year, there to labour; or not being known where he was born or dwelled, then to the parish through which he last passed without such punishment, to whom the Justice shall under his hand and seal make a testimonial witnessing his punishment, day and place thereof, and whither he is limited to travel, and by what time. And in case such place of birth and last dwelling be not found nor known, than such person shall by the officer of such village through which he last passed without punishment, be conveyed to the house of correction of the limit, or to the common goal, 39 Elis. 4. there to remain until such person be placed in service for one year's continuance, or not being able of body, till such person be placed in some almshouse of that place or county. Lam. 204, 205. He is an incorrigible rogue that misreports the place of his birth, and is to be sent to the house of correction in the county to which he is sent; and if there be none there, then to the goal until the next Sessions: so if he misreport the place of his last dwelling by the space of a year, if it appear not where he was born. Lam. 207. Res. 12. Dal. 98. Husband and wife having an house, rogue about, they must be sent to the town where that house is; and so of an inmate. Lam. 207. Res. 3. Dal. 98. Wife, and children under 7 years being vagrant are to be placed with the husband; if the husband be dead, then where they were born or dwelled last, Lam. 227. Res. 4, 9, 10. Dal. 98. Children vagrant above three years old must be sent to the place of their birth. ibid. Dal. 98. Vagrant persons and parents, with their children under 7 years of age, being once placed at the place of birth of their parents or last dwelling, the parents dying after or running away, the children once settled must still remain there. ibid. Dal. 98. Wife vagrant is to be sent to her husband, though he be but a servant. Lam. 208. Res. 5. Dal. 98. Rogue, whose place of birth or dwelling cannot be known, hath wife and children under 7 years of age, they must be sent with the husband to the place where they were last suffered to pass unpunished, and the children must be relieved by the work of the parents, though the parents be sent to the house of correction. Lam. 208. Res. 6. Rogue sent to a town, and refused by the Churchwardens and Overseers to whom he is to be offered, is a forfeiture of 5 pound in the refuser. Lam. 210. Res. 12, 14. Dal. 101. Rogue sent from the place where he is taken, by a general passport, without conveying him from parish to parish, is a let in the taming of rogues, and a forfeiture of 5 pound. Lam. 210. Res. 13. Dal. 101. Rogue going with such a passport, continuing a rogue, is to be punished by whipping. ibid. By parents is to be understood father or grandfather, mother or grandmother, being able persons. Lam. 210. Res. 16. By children, any child or grandchild being unable. Lam. 210. Res. 15. Diseased person soliving of alms, and travellers to Bath or Buxton for remedy, are to be licenfed thereto by two justices of Peace, 39 Elis. 4. Lam. 532. yet may not beg, but must be provided of maintenance for their travel. Dal. 100 97, 98. Forfeiture of offences against the statute 39 El 4. upon conviction or confession by two witnesses before two justices of Peace, may cause the same to be levied by warrant under their hands and seals, by distress and sale of the offender's goods. 39 El. 4. Lam. 331. All questions growing upon the statute of rogues, may be heard and determined by two Justices of Peace, 39 Elis. 4. Lam. 359. whereof one of the Quorum. Dal. 103. Constable or tithing-man not doing his endeavour to apprehend rogues within their limits, or wilfully suffering them to escape unpunished, forfeiteth 20 shill. for every offence; the like if they do not convey them away towards their dwelling or place of birth. 39 El. 4. Lam. 444. 1. Jac. 7. Dal. 102. Rescous or hindering the execution of the statute 39 Elis. 4. forfeiteth 5. pound, and is to be bound to his good behaviour. 39 Elis. 4. Lam. 444. Dal. 101. Minister of the parish not keeping a register of the testimonial of rogues punished in his parish, and conveyed thence, loseth for every default 5 shill. 39 Elis. 4. Dal. 101. Lam. Every one is to carry to the Constable such beggars as they shall know to come to their doors for alms, or lose ten shillings. 1. Jac. 7. Dal. 102. Justices of Peace are to meet twice a year in their several divisions, for the executing of the statute 7. Jac. 4. against vagabonds, and 4 or 5 days before by warrant to command the Constables of hundreds or towns by assistants 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. Jac. 4. Dal. 103. Constables at every meeting of the Just. of Peace for the execution of the statute of rogues, are to give an account upon oath in writing, and under the hand of the Minister of the parish, what rogues, etc. they have apprehended both in the same search, and also between every meeting, and how many have been punished by them, or sent to the house of correction; & in default thereof, be fined under 40 shil. as by the most of the Just. shall be assessed. 7. Jac. 4. Dal. 103. No man is to be put out of the town where he dwells, or sent to his place of birth or last habitation, but only a vagrant rogue. Dalt. 99 Resol. 9 Lam. 209. So of them whose terms of their houses are expired, and servants whose times of service are ended; for they must provide themselves house's anew, if they be not impotent for ever. Dangerous rogues are to be banished, or condemned to the galleys by the justices at their Qu. Sessions. 39 Elis. 4. Lam. Rogues by judgement of most of the justices of Peace in open Sessions adjudged incorrigible, aught 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 dwelled for a year; or if that cannot be known, to their places of birth. 1. Jac. 7. Vide plus House of Correction. Robbery. Robbery is a violent taking away of any goods from any man's person, with intent to steal them, Lam. 267. and putting him in fear thereby, though the thing taken be but to the value of an halfpenny. Dalt. 227. Cro. 33. b. But if a fellow take money from me in the highway, and shall not put me in fear, it is not robbery. Dal. 222. Cro. 34. b. Lam. If a thief take nothing from my person, but assaulteth me, whereby he getteth any thing from me, it is robbery. Dal. 227. As, 1. I cast my purse on the ground, and he taketh it away. Dal. 227. Lam. 268. 2. After assault he prayeth me to give him a penny, and I do so. Dal. 227. 3. If upon assault I deliver my purse. Dal. 227. Cro. 34. a. Lam. 267, 268. 4. If flying from a thief I cast my purse into a bush, and he doth after a day take it away. Dal. 227. Cro. 34. b. 35. a. Lam. 268. 5. If upon assault I fly away, and my hat fall, and the thief carry it away. Dal. 227. Cro. 35. a. 6. If a thief bid me deliver my purse (without any force used) and I deliver it, and he finding but two shillings in it, delivers it again. Dal. 227. Cro. 34. b. 7. If by threats he compel me to swear to bring him money, and afterward I bring him the money accordingly. Dal. 228. Lam. 228. 8. In some cases it is 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. Dal. 228. Cro. 34. a. Lam. 269. 2. To take a horse or a beast out of my pasture, I looking on, if the fellow put me in fear. Dal. 228. Cro. 34. b. 3. To make it robbery, the person must be put in fear. Dal. 228. Cro. 34. b. 4. Two come to rob me, and one acteth it, being out of the sight of the other, who after returneth to him; it is robbery in both. Dal. 228. Cro. 34. a. Lam. 270. To assault one to rob him without taking any thing, is not robbery. Dal. 227. Cro. 34. a. After a robbery committed, the hundred must answer the loss, if the robbers be not taken within 40 days: if it be done in the division of two hundreds, both hundreds & the franchises within them must be answerable. Dal. 128. No person rob shall bring any action upon the statute of Hue and Cry, except he be first examined within 20 days next before the action, and 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. Elis. 13. Lam. 202. After robbery committed, the rob shall not recover against the hundred, except 1 with all convenient speed he give notice of the robbery to some inhabitant near 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, Dal. 104. before a justice of Peace. The whole hundred must answer the robbery, if the robber be not taken within 40 days, and the hundred wherein defect of fresh suit is, one moiety. Dalt. 129. 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, towards an equal contribution; which money the Constable must deliver to the same justices within ten days after collection, and they upon request to those to whose use it was collected. Dal. 104. Cr. 197. a And the hundred shall be assessed in like sort in default of pursuit of fresh hue and cry. Dal. 105, 129 Robbery in a house doth not charge the hundred, whether it be done in the day or in the night. ibid. The hundred is discharged upon taking of any of the offenders by pursuit, Dal. 109. so if the party rob take any of the offenders after hue and cry made. Dal. ibid. Robbing a house or any outhouse, as a barn or stable in the day, to the value of 5 shill. Robbing a house by day or by night, any person being therein, and thereby put in fear. Robbing any person in any part of his dwelling house, the owner or dweller, wife, children, or servants being in any place within the precinct of the same, sleeping or waking. Robbing any booth or tent in fair or market, the owner, his wife, children, or servants being in the same, sleeping or waking. All these are as penal as Burglary. Dal. 146. Lam. 265. 39 Elis. 15. Rome, vide Pope. Rout. Rout is where three or more persons be disorderly assembled to commit with force, whether they put in execution their purpose or no, if they so do go, ride, or move forward after their first meeting. Lam. 176. Sacrilege. Sacrilege is the felonious taking of goods out of any Church or Chapel. Lam. 420. Sacraments. Three justices of Peace may take accusation by oath of two witnesses against such as deprave the Sacrament of the Supper, and examine what witnesses were by, and bind them all to give evidence at the day of trial; and they being found guilty shall be imprisoned and fined. 1. Ed. 6. 1. Lam. 366, 416. Quaere. Three Iust. of Peace, one being of the Quorum, may award against one indicted upon the statute of 1. E. 6. 1. for depraving the Sacrament, a Capias, Exigent, and Capias ut legate. into any shire. 1. Ed. 6. 1. Saltpeter-men. Saltpeter-men cannot dig in the mansion house of any subject without his assent, in regard of the danger that may happen thereby in the night time to the owner, his family and goods by thiefs and other malefactors. Dal. 177. Cook 11. 82. Schoolmaster. To keep or maintain a schoolmaster which resorteth not to Church, or is not allowed by the Bishop or Ordinary of the Diocese, the maintainer forfeits ten pounds for each month, and the schoolmaster to be imprisoned for a year without bail, and disabled. 23. Elis. 1. Lam. 419. Any keeping a schoolmaster out of the University, except in public Grammar-school, and except in such Noblemen and gentlemen's houses as are not Recusants, and licenced by the Archbishop or Guardian of the Diocese, both keeper and schoolmaster forfeits 40 sh. a day. 1. Jac. 4. Seditious sectaries. One Justice of P. may within three months after the conviction of any seditious sectary or Popish Recusant described in the statute of 34. El 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. 1. & 2. Lam. 204. Sermon, vide Preaching. Servants, vide Labourers and Apprentices. Servingmen, vide Testimonial. Sessions of the Peace. The Sessions of the P. is an assembly of any two or more Just. of P. one being of the Quorum, at a certain day & place within the limits of their Commission, appointed to inquire 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. 278. Sessions held without summons are good, but then none shall lose any thing for default of appearing. Lam. 380, 381. Summons of the Sessions is usually by precept written to the Sheriff, and by him to be returned at the Sessions. Lam. 381, 385. Precept for summoning the Sessions may be made by any two Just. of Peace, one being of the Quor. but not the Custos Rotulorum alone; and summons cannot be discharged by Supersedeas of all the other Justices, but by Supersedeas out of the 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 times in the year, (viz.) the first week after S. Michael, the Epiphanie, the clause of Easter, after the translation of S. Thomas the martyr, which is 2 july. 2. Hen. 5. 4. Lam. 597. The Easter Sessions by 33. Hen. 8. cap. 10. are to be holden as arbitrable, and therefore though by summons they be to be kept in one place, yet they may be kept in another; but then there can be no amerciament for default of appearance. Lam. 383, 384. Two Sessions at one time for one County lawfully summoned at two places, both are good, and appearance at one shall excuse default of appearance at the other, and presentments taken before either of them shall be good. 384. At a general Sessions all matters enquirable by justices of Peace, either by their Commission, or by statute, aught to be given in charge, otherwise a special Sessions, Lam. 623. and may be held three days. 606. Two sorts of men owe their ordinary attendance at the Qu. Sessions, (viz.) officers and ministers of the Court, and jurours of the County. Lam 386. Officers are the Custos Rotulorum, where he ought to attend by himself or his deputy. 387. The Clerk of the Peace. 393. jurours for enquiry and trial. 396. The justices of Peace, if need require, may keep a special Sessions by virtue of their Commission, or by the statute. 2. Hen. 4. 5. Lamb. 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 the 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, either justice can by their Supersedeas to the Sheriff inhibit him, Cro. 126. 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 days after, in the mean time a general Sessions is kept, he ought to appear before the justice at the Sessions. Cro. 123. a. nu. 18. A justice commands one on pain of 10 pound by his precept to appear at the next Sessions, and he doth not, no Scire facias shall go against him more than upon a Sub poena, but it seemeth he may be attached upon a contempt. Sewers. Commission of sewers being expired, 6 justices of Peace, two being of the Quorum, may for one year after execute the laws of Commissioners of sewers, unless a new be published. 13. El. cap. 9 Sheep. To transport sheep beyond the seas without licence, or to procure the same, is felony the second offence. 23. H. 8. 16. 8. Elis. 3. Lam. 227, 425. Any bringing, sending, or receiving into any bottom any sheep alive out of the King's 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. Elis. 3. Lam. 456, 457. Any keeping at one time above 2000 sheep of all sorts against the purport of the statute, loseth 4 shil. 4 pence for every sheep above 2000 28. Hen. 8. b. 13. Sheriff. The Custos Rotulorum, or eldest of the Quor. in his absence, is to appoint at Michaelmas Sessions two Justices of Peace, whereof one of the Quorum, to have the oversight and controlment of the Sheriff, Undersheriff, 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, Lam. 201. may examine the Sheriff or Undersheriff and plaintiff concerning the taking and entering plaints in their Courts and books against the statute 11. Hen. 7. 15. Dal. 107. Lam. 201, 295, 600. The particulars are, Dal. 107. Lam. 131. 1. If any plaints be entered in their books in any man's name, the plaintiff or sufficient Attorney not being in Court. 2. If the plaintiff find not pledge to pursue his plaint, (viz.) such as are known in that country. 3. If they enter more plaints than one for one trespass or contract. 4. If they enter more plaints than the plaintiff supposeth he hath cause of action for against the defendant. If upon examination the justices find 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 certify the examination to the exchequer within a quarter of a year, on pain of 40 shill. Dalt. 107. The like for bailiffs of hundreds in not warning the defendants to appear. Dal. 118. Sheriff to make once a year estreats to levy their shire-amerciaments until the two justices have had a view and oversight of the books, and the said estreats shall be indented betwixt the said justices and Sheriff, or Undersheriff under their seals. Dal. ibid. The said two justices or one of them may examine the defaults of collectors of shire-amerciaments, whose finding of default is a sufficient conviction and forfeiture of forty shillings, prou● contrá. The said justices, upon information of the party grieved, may make like process as in action of trespass against the Sheriff, etc. to appear then to answer the said information or suggestion. Dalt. 108. Sheriff ought to be at the Sessions to return his precept and keep the prisoners. Lam. 395. In these cases following the Sheriff, etc. did forfeit 40 pounds, and triple damages to the party grieved, 23. Hen. 6. 16. Lam. 430, 431. 1. Sheriff that letteth his Bailywicks 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 only 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 above 4 pence for the copy of a panel. 8 Bailiff for taking above 4 pence for making an arrest. 9 Gaoler taking above 4 pence of any committed to his ward upon arrest or attachment. 10 Sheriff or his ministers that shall levy any of the King's debts, without showing the party the estreats under the Exchequer seal, shall be fined and pay treble damages to the party. 42. El. 39 7. H. 43. Lam. 432. 11 Sheriff or other his minister arresting, imprisoning, ransoming of, or levying any amerciaments by reason of any enditements or presentments made in the Sheriff's turn, without process first obtained from the justice of Peace, or that hath not brought in such enditements and presentments to the justices of the Peace at the next Sessions, loseth 10 pound. 1. El. 4. Lam. 431. Sheriff or any other who maketh return of any writ, that returneth any jurour, without true addition of the place of his abode, or within a year next before, or without some addition by which the jurour might be well known, loseth 5 marks to the King, and 5 marks to the party. 27. El. 7. Lam. 432. Sheriff or gaoler denying to receive felons by the delivery of any Constable or Township, or having taken any thing for receiving such. 4. E. 3. 10. Lam. 434. Sheriff, bailiff, or other officer or person, refusing to pay over to the Churchwardens, etc. the moiety of the forfeitures by the statute of 4. Jac. against uttering of beer or ale to ale housekeepers unlicensed, forfeiteth double value. 4. Jac. 4. Lam. 434. justice of Peace being chosen Sheriff, his authority of I. is suspended during his Sheriffewick; but after another is chosen and sworn, his authority as a justice of Peace is as it was before without any new oath, except he be left out of the commission. Dal. 12. edit. 1626. Shoes. Making shoes, pantofles, etc. contrary to the rules prescribed in the statute, loseth 3 shillings 4 pence for every pair of shoes, etc. and the value of 1. Jac. 22. Lam. 465. Showing of boots, etc. on the sunday, with intent to sell them, loseth 3 shillings 4 pence and the value of them. 1. Jac. 22. Lam. 466. Shooting, vide Archery, Crosbows, Partridges. Silk, vide Apparel. Soap, vide Vessels. Soldiers. Soldier serving the King by sea or land, doth willingly give, purloin, or put away any horse or harness wherewith he was set forth, or taken from other soldiers was appointed to him, upon complaint thereof to a justice of Peace, he shall be committed without bail till he have made satisfaction, unless he have been formerly punished by the General or other, or show forth in writing under seal the lawful loss thereof. 2. & 3. E. 6. 2. Lam. 194. Soldiers passing out of the Realm to serve any foreign Prince, etc. not having before their passage taken the oath of allegiance before the officer appointed thereunto, is felony. 3. Jac. 4. Dalt. 247. Soldier being a gentleman, or of a higher degree, or captain, or other officer in camp, passing to serve any foreign Prince, etc. before they be bound to the King with two sureties before the officer appointed, not to be reconciled to the Pope, etc. or to consent to any conspiracy against the King, but to disclose all conspiracies upon knowledge thereof, etc. it is felony. ibid. Soldier entered upon a record, and having taken press-money, and that departeth without licence, it is felony, 1. H. 7. 1. 3. H. 8. 5. Dal. 247. or if they depart without licence after they have served in the King's wars, 2. Ed. 6. 2. Dalt. ibid. So of mariners and gunner's that have taken press-money to serve the King on the sea, and come not unto, or departed from the captain without licence, it is felony. 5. Elis. 5. Dal. 247. In these cases following, by the statute of 39 Elis. 17. soldiers and mariners do become felons, Dal. 247. Such which set themselves not 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, etc. if he depart within the year without his Majesty's licence. Poor soldier, or mariner, or seafaring man suffering shipwreck, 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 Elis. 4. 39 Elis. 17. Dal. 99 102. Lam. 303. Every parish is to be taxed to the relief of disabled soldiers, 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 where there shall be above 50 parishes, do not exceed six pence every parish. 43. Elis. 3. The said taxation to be assessed within themselves, and in default thereof by the Churchwardens and petty Constables or the greater part of them, in default thereof by the justices or justice of Peace dwelling in the same parish, or if none be there, in the parish next adjoining. 43. El. 3. In default of payment of the same assess, the Churchwardens and petty Constables may levy it by distress and sale, etc. and in their default the aforesaid justices or justice of Peace. 43. El. 3. The Churchwardens and petty Constables are to pay over their collections to the high Constable 10 days 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, than the Churchwardens or petty Constables forfeit 20 shillings, and every high Constable 40 shillings to be levied by the Treasurer by distress and sale for augmentation of stock. 43. El. 3. Treasurer for maimed soldiers must be 10 pound in lands or 50 in goods in the subsidy, and continue but for a year, and within 10 days after Easter Sessions following to give account to his successor, in default thereof or for other misdemeanour in his office to be fined 5 pound or above by the part of the justices of Peace. 43. El. 3. Soldier or mariner sick or maimed by service in his Majesty's pay, upon lawful certificate thereof by the general muster-master or receiver of the muster-rolls, Treasurer, or controller of the navy under his hand, is to come to the Treasurer of the county where he was pressed, or if he were not pressed, then to the Treasurer of the county where he was born or last dwelled 3 years, if he be able to travel so fare; or otherwise to the treasurer of the County where he landed, by him to be relieved according to his 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, being not duly revoked or altered. 43. Elis. 3. Treasurer's are to make payment quarterly of such pensions as shall be granted by the most of the justices at the Q. Sessions under their hands, and by them to be fined if they refuse to pay them. 43. El. 3. Pensions of soldiers and mariners not having born offices, are not to be above ten pound; under the degree of a Lieutenant fifteen pound; a Lieutenant twenty pound. 43. Elis. 3. Pensions are revocable or alterable at the discretion of the justices in the Qu. Sessions. 43. Elis. 3. Treasurer where any maimed soldier or mariner shall arrive upon certificate without allowance, 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 County where he is to have his pension. 43. Elis. 3. Treasurer is to enter into a book money received and disbursed, with the parties names and certificate to whom it was paid. 43. Elis. 3. Treasurer not allowing a certificate in the act of 43. Elis. 3. expressed, must endorse the cause thereof on the certificate. 43. Elis. 3. Soldier or mariner counterfeiteth a certificate, or having a pension beggeth, he shall lose his pension and be delivered a rogue. 43. Elis. 3. Soldier or mariner that cannot be relieved in the County where he was pressed, by reason that whole taxation is employed, shall be relieved where he was born or dwelled the last three years at his election. 43. Elis. 3. Overplus of the stock for maimed soldiers is to be employed by the greater part of justices 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. Elis. 3. Star-chamber. The experience of Star-chamber is the best guide and direction for a Justice of Peace. Lam. 175 Stolen goods. After attainder upon evidence by the owner, the stolen goods are to be restored to the owner by writ of restitution awarded by the justices before whom the attainder was. 21. H. 8. 11. Lam. 586. Dal. 262. Cro. 191. a. Vide Restitution of stolen goods. Stewards of Courts. Stewards of the Sheriff's turn, Leet, or Pypowders, cannot grant surety of the Peace unless it be by prescription, but every of them may commit him to ward that shall make an affray in their presence whilst they be in execution of their office, which the steward in a court Baron cannot do. Lam. 14. Dal. 2. Stocks of the shire. The parishioners, and in their default the Churchwardens and Constables, are to assess the tax imposed upon the parish by the justices at Easter Sessions, towards the relief of the prisoners in the King's Bench, Marshalsey, Hospitals, and other losses by fire, etc. In default of them, any Justice of Peace dwelling in that parish, or (if none dwell there) the next Justice may assess the same; and the same justice of Peace, or any other justice of Peace in that limit, in default of the Churchwardens and Constables, may levy the same by distress and sale of the offender's goods, and in default of distress may commit such persons without bail till they pay the same. 43. Elis. 2. Dal. 110. In all taxations observe these rules, Dal. 110. 1 The most reasonable taxation of land is by the yearly value, not the quantity. 2 He that occupieth lands in his own hands in several parishes, shall be charged in every parish propoitionably for his land 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-rents, for that the occupier of the lands is chargeable for the same. 5 By goods in most cases a man may be rated, as well as by lands, but not both by goods and lands. 6 A man shall be charged for goods only in that town where the goods be at the time of assessment: the Constable and major part of the parishioners, upon warning given in the Church, may make such taxations by law. Dalt. 106. Cook 5, 6, 7. The like may be done by the Churchwardens and the greater part of the parishioners for Church-charges. Dalt. ibid. If the greater part will not meet, the officers and such as will meet may tax. Dal. ibid. Where a man is charged by goods, they must be bona notabilia. Dalt. 131. Vide Taxations. Subsidy. Upon proof before two Justices of Peace that a subsidy man by covin hath escaped taxation, they shall charge him at double the value of so much as he ought to be taxed at, and he shall be further punished at the discretion of the said Justices. Lam. 3●6 Suggestion, vide Information. Summons of the Sessions, vide Sessions. Sunday. All persons shall resort to their parish Church or Chappel accustomed, or upon reasonable let to some usual place where Common prayer shall be used upon every Sunday and other day ordained and used to be kept holy day, and then and there to be orderly and soberly during the time of Common prayer, preaching, or other service of God, or lose 1● pence for every offence to be ievied by the Churchwardens there, to the use of the poor by way of distress, 1. Elis. 2. Dal. 80, 81. though he be Popish Recusant convict or not convict. ibid. If any subject do not resort and repair every Sunday to some Church or Chappel, or some usual place appointed for Common prayer, and there hear divine Service according to the statute, 1. Elis. 2. it shall be lawful for a 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 Justice, then to give warrant to the Churchwardens of the said parish under his hand and seal, to levy 12 pence by distress 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 for one month after the offence. 3. Jac. 4. Lam. 418. None punished according to the branch of the statute of 3 Jac. 4 shall be punished by 1. Elis. 2. for the same offence. 3. Jac. 4. There shall be no meeting, assemblies, or concourse of people for any sports or pastime out of their own parishes on the Lord's day; nor Bear-baiting, Bull-baiting, Interludes, common plays, or other unlawful exercises within their own parishes, upon forfeiture of 3 shillings 4 pence to the use of the poor, upon view of one Justice of Peace, confession of the party offending, or oath of one witness, to be levied by warrant of the said Justice under high hand and seal to the Constable and Churchwardesn; in default of distress, the offender to sit in the stocks three hours. The offender to be questioned within one month. 1. Car. 1. Carrier's, waggoners, waynmen, drovers, shall not travel with horse, wagons, carts, or cattles upon Sunday, upon pain of 20 shillings for every offence. Neither shall any Butcher kill or sell any victual upon Sunday, on pain of 6 shillings 8 pence, upon view of one Justice of Peace, confession of the party, or oath of two witnesses, the penalty to be levied by the Constable or Churchwardens to the use of the poor by warrant from 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. 1. Showing of boots on the Sunday, with intent to sell them, loseth 3 shill. 4 pence, and the value of the boots. 1. Jac. 22. Lam. 46. Supersedeas. Supersedeas is sufficient, though it hither name the sureties, nor contain the sum wherein they are bound; but it is better if it do both. Lam. 96. Dalt. 139. Supersedeas delivered to the officer, if he urge new sureties, the party may refuse; and if he be committed, he may have his action. Lam. 99 Dal. 139. Supersedeas out of the Chancery will discharge surety of the Peace in the King's 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. 140. 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, 100 Supersedeas out of the Chancery is to be certified at the next Sessions, together with the recognizance for the Peace; if the Supersedeas do testify that he hath found surety in the Chancery only unto a certain day, which day it after those Sessions if the Supersedeas come to his hands after his recognizance taken. Lam. 13. Dalt. 140. Supersedeas for the good abearing, quaere if it be granted by a justice of Peace, Lam. 123. Dalt. affirmeth it, 164. Cro. 237 a. 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 another by virtue of his office, and not by Supplicavit, the recognizance would be taken according to the form of the Precept. Lam. 96. Dal. 139. Certiorari to remove a record is in itself a Supersedeas to the justice, yet the party may have a Supersedeas to the Sheriff that he arrest him not upon the justice's record. Lam. 515. Whether the justice ex officio after a Certiorari ought to award their Supersedeas, to stay proceeding upon their record, quaere Lam. ibid. An exigent awarded against one indicted of a trespass before the justices of Peace, may be stayed by Supersedeas out of the Chancery, upon surety found there to appear the day in the Writ, though he be taken upon it. Lam. 326, 327. So by Supersedeas granted by two justices of Peace, one being of the Quorum, testifying that he hath found sureties, al. fine assidendo. ibid. By one justice of Peace, Dal. 176. Cro. 334. If a Supersedeas be directed to the justice of Peace and Sheriff, the justice to whose hands it shall be delivered may keep it, and deliver the libel to the party. Dalt. 140. Supersedeas granted for the Peace or good behaviour out of the Chancery or King's Bench, is void, unless it be upon motion in open Court, and upon sureties of five pounds in lands, or 10 pounds in goods in subsidy. Whether the party bound, sending the Supersedeas to the Sessions, be discharged of his appearance there, quaere Dal. 140, 141. Lam. 113. Supplicavit. He only to whom the Writ of Supplicavit is delivered, must execute it. Dal. 153. The justice that receiveth the Writ, may make the Warrant to the Constable or other party and indifferent; and if he refuse to find sureties, to carry him to prison. Dalt. 153. The party attached can be bound only before him that sent out the Warrant. Dalt. 153. The justice is to execute the Supplicavit as it directeth. Dal. ibid. If the sums be left to discretion, it is safe to take good sums. Dalt. ibid. After sureties taken the justice may make him a Supersedeas. Dalt. 153. The justice needs not return the Supplicavit. nor make certificate, until a Certiorari do come to him. Lam. 10. Dalt. 157. Supremacy. To refuse the oath of Supremacy, the first offence is Praemunire, the second Treason. 5. Elis. 1. Surety of the Peace. Surety of the Peace is the acknowledgement of a recognizance to the King (taken by a compettent judge of record) for the keeping of the Peace. Dal. 127. Every justice of Peace may take and command the Peace either as a judge or a Minister. Dalt. ibid. justice of Peace may command surety of the Peace, either of his own discretion, or at the prayer of another. In what cases a Justice of Peace may command surety of the Peace by his own discretion, Dal. 128, 129. 1 One that maketh an affray upon the justice himself, or an assault. 2 Such as in his presence make an affray upon another, or offer to strike another. 3 Such as in his hearing shall threaten to kill, beat, or hurt another, or to burn his house. 4 Such as in his presence contend only in hot words. 5 Such as in his presence go or ride armed offensively, or with unusual number of servants or attendants. And servants and labourers that bear any weapons contrary to the statute of 12. Ric. 2. 6 Any person by him suspected to be inclined to break the Peace. 7 If the Constable bring one before him that shall threaten to kill, maim, or beat another. 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 fight or quarrelling in a house, he may break open the door, and bring them before a justice of Peace to be bound. 10 He may make his warrant for such as have made an affray, and bind them to the Peace. 11 If one have received a wound, he may bind the one and the other till the wound be cured, and the malice over. 12 Such as go or ride armed offensively to fairs or markets, or wear or carry dags or pistols charged. 13 Common Barretours. 14 Rioters. 15 Him that standeth bound to keep the Peace, and hath forfeited his recognizance by breach of the Peace, and will not be bound again, till he be convicted and the forfeiture levied. Dal. 129. Yet Crom. 141. saith that he may be bound anew if he be only convict for breaking the Peace. 16 Him that standeth bound, if his sureties be insufficient. justice of Peace is to send to prison him that refuseth to give sureties, until he find sureties. Dal. 129. Lam. 17 justice of Peace may cause one to be arrested to find surety of the Peace against another, and grant a warrant for it: for he might have bound him of his own authority. Dal. 129. At the request of another he may command surety of the Peace, but must first take an oath of the party that demandeth the Peace, that he standeth in fear of his life, or of some bodily hurt, or to have his house burnt. Dal. 130. Lam. Causes to procure surety of the Peace. 1 He that is threatened to be hurt in body, as to be beaten, wounded, maimed, or killed. Dal. 130. 2 He that feareth another will beat, wound, maim, or kill him. Dal. 130. 3 He that feareth another will burn his house. Dal. 130. 4 He that feareth that A will procure another to hurt him in his body, or burn his house. Dal. 130. 5 If a man lie in wait to beat, kill, or hurt another. Dal. 130. Quaere, if he threaten to burn his goods. In what cases a man shall not have the Peace granted. 1 To threaten and to imprison him. Dalt. 130. Lam. Crom. 135. Quaere tamen. 2 Where one is in fear that a man will hurt his servant, cattles, or other goods. Dal. 130. Crom. 138. a. 3 Because he is at variance with his neighbour. Dalt. 131. 4 Where there is no fear of present or future danger. Dal. 131. Lam. 5 For a battery past: yet a justice, if he see cause, may bind over the affrayers. Dal. 131. Lam. justice of Peace may deny to grant surety of the Peace, if it be upon mere vexation; yet if the party will take his oath, it is not safe to deny it. Dal. 131. Against whom surety of the Peace may be granted. Against a Knight or any person under the degree of a Baron. Dal. 133. Against any Ecclesiastical person not doing divine Service in the Church or Churchyard, or other place dedicated to God. Dal. 133. One justice of Peace may grant the surety of the Peace against his fellow justice. Dal. 133. One justice of Peace may demand the Peace against another man. The wife may demand the Peace against her husband, if he threaten to kill her, or outrageously beat her, or have notorious cause to fear it; and the husband may crave the Peace against his wife. Dal. 133, 134. The Peace may be granted to a feme-covert, or an infant under the age of 14 years, if he have discretion to crave the Peace; but they must be bound by sureties. Dal. 134. A lunatic may crave the Peace, and have it granted him. Dal. 134. It may be granted against one attainted either of treason or of felony, Dalt. 135. or convict of heresy. Dal. 163. It may be had against an excommunicate person, Dal. 135. and an abjured person. ibid. It may be had against one attainted in Praemunire, and against an alien either made denizon, or living in England. It may be had against one dumb and blind, so against an impotent person. Against whom the Peace cannot be granted. 1 It cannot be granted against any Nobleman, or Noblewoman. Dal. 131. 2 Against one non sanae memoriae. 3 Against one born dumb and deaf, or made blind and deaf accidentally: he may have understanding, and the Peace may be granted to him or against him. Dalt. 163. How the surety of the Peace is to be commanded and executed. A justice of Peace may command the Peace by word, and by writing. By word. The party being present in the presence of the justice of Peace threatneth, or maketh an assault or affray upon another, or doth any other act tending to the breach of the Peace. Dal. 136. Cro. 138. Lam. One demandeth the surety of the Peace, being present, and taketh his oath he is afraid, etc. the Justice may command the other to find surety. Dal. 136. Cro. 138. b. Lam. 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. Lamb. 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. Dal. 136. Lam. The Justice may make his warrant to bring the party before him, but the usual manner is to bring the party before the same Justice or some of the Justices of the County. Dal. 136, 137. 288. 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 find sureties, he may arrest him and carry him to the Goal, without carrying him to the Justice. Dal. 137. Lam. 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. 137. The arrest is not justifiable except the Officer do carry him to the Goal that refuseth to find sureties. Cro. 171. b. Dal. 138. 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 than to give the election to the delinquent. Dal. 138. 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 command them. Dal. 137. If the party refuse before the justice of Peace to find sureties, the Officer by the first Warrant may commit him. Dal. 138. The Officer is fineable if he arrest the party, and do not carry him before a justice of Peace, if he be willing to find sureties; secondly if upon refusal they arrest him, and do not carry him to the Goal. Dal. 138. The party being imprisoned, the justice of Peace may make him his liberty; first, if the complainant die; secondly, if he do enter surety of the Peace. Dal. 138. If the imprisoned have a suit depending in the common pleas, by some opinions, the imprisoned may be discharged by a writ of privilege. Quaere tamen, Dal. 138. Cro. 38. a. Lam. A sworn and known Officer needeth not to show his Warrant, but the servant of the justice must show it if it be required. Dal. 281. Lam. 89. If husband and wife be bound to appear, and in the mean time to keep the Peace, and the husband only appeareth, the recognizance is not forfeited. Dal. 146. Cro. 144. b. Suspicion and suspects 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 justice's warrant is no warrant. Lam. 188. Dal. 289. Crom. 147. b. 148. b. 197. a. Quaere. Suspicion only without felony committed is no cause to arrest another. Dal. 228, 274. Cro. 154. a. A felony being committed, every man may arrest suspicious persons that be of evil fame, etc. and if such person make resistance, the other may justify to beat him. Dal. 295. The Constable or other person that arresteth one for felony or suspicion, must himself suspect. Dal. 268, 296. Crom. Swans. Taking away from his own or another man's ground Swans of another man's, upon conviction and examination of witnesses is imprisonment for a year and a day, and loss of ten pound. Lam. To steal Swans unmarked, if they be domiti, and kept in a man's manor or private rivers, is felony. Dal. 262. edit. 1626. 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 pence to the poor to be levied by distress, the offence being proved within 20 days, or for default of a distress to be set in the stocks three hours. 21. Jac. 20. The offender being under twelve years of age, and not forthwith paying his 12 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 Commonwealth, as making or mending of bridges, highways, causeys, sea-banks, etc. shall be upon all persons though they assent not. Dal. 137. edit. 1626. Talebearers, 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. E. 6. 5. Lam. 614. Testimonial. Testimonial under the hand of one justice of Peace sealed, is sufficient to pass in hay-time 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 servingman turned from his master's service, or whose master is dead, aught to be made by two justices of Peace. 27. Elis. 11. Lam. 331. Dal. ●o. Theft. Theft is a fraudulent and felonious taking of another man's personal goods, in the absence of the owner, and without his knowledge. Dalt. 229. Lam. 272. Theft is either Grand-larcenie, or Pettie-larceny. Grand-larcenie is when goods stolen are above 12 pence, and it is felony of death, except the party be saved by his book. Dal. 229. Yet if the goods be of more value, and the jury find it did not exceed 12 pence, it is not grand-larcenie. Dal. 229. Pettie-larcenie 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 the justice before whom the party is arraigned. Dal. 229. For pettie-larcenie, 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. ibid. Pettie-larcenie 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. 230. Lam. 273. If two, or more, steal above 12 pence from one, it is felony of death in every one. Dal. 230. Lam. 273. The manner. To make an act larcenie, there must be first a taking, secondly a carrying away. Dal. 230. Lam. 277 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. Dalt. 230. Lam. 278. Crom. 35. b. A carrier carrieth goods to him delivered to the place appointed, and there breaketh them up, and imbezelleth them; it is felony. Dal. 230. Cro. 36. a. Lam. 279. A carrier taketh out parcels of the goods to him delivered; it is felony. Dal. 231. Crom. 36. a. 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. 231. Lam. 278. Where, after delivery, the imbezelling is no felony. A carrier imbezelling the whole. Lam. 278. A stranger borroweth a horse and rideth 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 statute, 5. Elis. 10. Servant of the age of 14 years (other than an apprentice) to whom any money, goods, or chattels, etc. by force of the statute, by his master or mistress shall be delivered to keep, of the value of 40 shillings 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. Dal. 231, 232. Lam. 279. Wherein are diverse 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. 232. Cro. 35. a. Lam. 280. One servant delivereth to his fellow servant to the value of 40 shillings of his master's goods, and goeth away with it, or converteth it to his own use; it is felony. Dalt. 232. Cro. 50. a. Lam. 280. A servant maketh a garment of his master's cloth, and goeth away therewith, it is felony. Dal. 232. Cro. 50. a. Quare of barley converted into malt, or money melted into a piece of metal. Dal. ibid. An obligation is delivered unto a servant, and he goeth away with the money received upon the same obligation; it is no felony within the statute of 5 Elis. 10. for the master delivereth not the money. Dal. 232. Cro. 35. b. 50. a. The servant carrieth his master's wares to market, selleth them and goeth away with the money, or converteth it to his own use; it is not felony within the statute of 5. Elis 10. Dalt. 232. Crom. 50. ●. 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. 232. Crom. 50. a. I deliver to my servant a horse to fide to market, or money 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 master's delivery. Dal. 232. Crom. 25. b. Quaere if it be not felony by 5. Elis. 10 A servant keepeth the key of his master's chamber door, and taketh away above the value of 12 pence; it is felony at the Common-law, for they were not delivered him. Dalt. 233. 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. 232. Cro. 35. a. Lam. 281. Not enquirable. A man feloniously taketh an horse, and is apprehended before he gets out of the close where he went. Dal. 16. Lam. 16. A servant taketh away or spoileth his deceased masters goods; in default of appearance in the King's Bench after proclamation, it is felony. Dalt. 233. Crom. 56. a. 33. H. 6. 1. Not enquirable before a Justice of Peace. To take a horse feloniously, and be apprehended before he get out of the close. Dal. 233. Lam. 281. Of what things felony may be committed. Of movable goods, as money, plate, apparel, householdstuff, etc. so of corn, hay, trees, fruit, etc. being severed from the ground. Dal. 233. 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, though they run or fly away out of the owner's sight, the detainer is punishable by action. Dalt. 261. edit. 1626. Of wild nature, young pigeons out of another man's dove-house, young hawks or herons breeding in parks or several grounds, fishes kept in a trunk or pond. Dal. 233. Cro. 36. b. Stam. 25. Lam. 274. Quaere of old doves in a dove-house. So swans marked, and at large, and tame dear marked and domestical, if the taker know it to be tame. Dal. 233. Cro. 36. b. Lam. 275. By statute it is felony to hunt dear, or coneys after some sort in park, forest, or warren, or to take a tame beast or other thing in a park, by manner of robbery. Dalt. 234. Vide 3. E. 4. 1. Hen. 7. 7. Lam. 275. So to take away or conceal an hawk. ibid. To steal the flesh of tame or wild fowl dead, is felony. Dal. 235. Stam. 25. Lam. To pull wool off the sheep's backs, or to kill them for their skins. Dal. 225. Cro. 36. b. 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. 136. Cro. 37. b. Stam. 26. a. Lam. 277. 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. 236. Cro. 37. a. Lam. 237. If a man pursue and take a fellow that hath stolen his goods, taketh them and suffereth the thief to escape, he is no accessary; for he may agree civiliter & criminaliter in initio. Dalt. 253. Lam. 290. Terms of Law. Cro. 37. a. 45. b. 42. b. P. R. 131. If the party rob take money, etc. of the 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. Dal. 252. Lam. 290. Cro. ibid. Quaere, if a man having made complaint to a Justice of Peace, take his stolen goods again, and doth not prosecute the matter, whether it make him not accessary, for that he did once agree criminaliler, Dalt. 252. Of what things felony is not committed. Things which are real chattels. Lam. 275, 276. Dalt. 235. To cut down any tree or corn, or pull any apples or carry them away. Dal. 253. 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. Dalt. 234. Cro. 36. b. Lam. 276. Led upon an house or Church is part of the freehold. Dal. 234. Cro. 37. a. Evidence of a man's land, indenture of lease, or other writings in box or out of box, cannot be valued. Dal. 234. Lam. 275. To take away an infant in ward, is no felony. Dalt. 135. Lam. 276. Treasure trove or hidden, wreck of the sea, goods waived or strayed; for the owner is unknown. Lam. 276. Dal. 236. But felony may be committed by taking bona ignoti, or mortui & ignoti, or parochianorum, or of a Church or Chappel, or of a Corporation. Dalt. 236. Lam. 276, 277. What persons are chargeable in larceny. A woman covert by herself, her husband not knowing thereof, committeth larcenie as principal, if she steal another man's goods; or as accessary, if she receiveth the thief that stole them, or receiveth the stolen goods into her house, knowing them to be so, or locketh them up, and the husband knowing thereof, the law will impute the fault to him, not to 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. Dal. 237. Stam. 26. P. R. 130. Lam. 282. The husband delivereth goods to a stranger, the wife stealeth them from the stranger; it is felony in the wife. Dal. 237. A stranger goeth away with another man's wife, and against her will carrieth away her husband's goods; it is felony in the stranger. Dal. 237. Cro. 35. b. P. R. 130. A servant stealeth by the compulsion of his master, it is felony in both. Dal. 237. Crom. 37. a. Who are not felons. A wife stealeth by the compulsion of her husband, it is no felony in her. Dal. 236. Cro. 36. b. Lam. 282. But to do murder by her husband's compulsion, is felony in both. Dal. 236. Cro. 37. A wife stealeth by commandment of her husband without constraint, quaere Dal. 236, 237. Stam. 26. P. R. 130. The husband and wife together steal goods, it is felony in the husband only. Dal. Sta. 26. Lam. 282. A wife stealeth goods delivered to her husband, it is no felony. Dal. 237. Cro. 37. a. The wife stealeth her husband's goods, and delivereth them to strangers, it is felony in neither. Dal. 237. Cro. 35. a. Stam. 27. Lam. 282. The wife receiveth the husband being a fellow, & relieveth him, she is no accessary. Dal. 252. Cro. 42. b. Stam. 26. An idiot, lunatic, dumb and deaf person, and an infant, are chargeable in larceny after the same sort as they are chargeable in homicide. Dal. 237. Lam. 282. Vide Manslaughter. Threatening. He that shall be threatened to be hurt in his body, to be beaten, wounded, impaired, maimed, killed, may crave and have the Peace against the other. Dal. 130. Lam. 82. If a man be threatened to have his house burned, quaere if he may have the Peace, Dal. 130. 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, his Writ de homine replegiando. Dal. 130. Lam. 82, 83. Quaere. To enter peaceably into an house, etc. 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, then if the other shall threaten to kill him if he entereth, it is a forcible detainer. Dal. 170. Cro. 70. b. Tile-making. One Iust. of P. may inquire, 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, & may appoint men skilful to be searchers. Quaere tamen whether one may do it alone. Lam. 193, 194. Dal. 123. 17. E. 4. 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, & chalk, and not to be wrought before March following, or lose double the value to the buyer. 17. E. 4. 4. Lam. 468. Plain tile put to sale, is to be 10 inches and an half long, 6 inches and a quarter broad, 3 quarters of an inch thick, or lose 5 shillings a thousand. 17. E. 4. 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 2 shill. an hundred. ibid. Searchers of tile, for every default in searching, lose 10 shill. ibid. Tippling. The Innkeeper, Victualler, or Alehouse-keeper, that suffereth any to continue tippling in his house, shall forfeit 10 shill. 1. Jac. 9 7. Jac. 10. 1. Car. 4. Lam. 192. Any continuing tippling in an Inn, 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 4 hours. 1 Jac. 9 7. Jac. 10. 21. Jac. 10. Lam. 193. Vide Alehouses. 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 find surety by recognizance to obey the sentence and process of the Judge. 27. H. 8. 20. 27. Elis. 11. Dalt. 113. Lam. 357. Upon complaint in writing by an Ecclesiastical Judge that hath given definitive sentence in case of tithes, against one wilfully refusing to pay the tithes or sum of money adjudged, two such Justices of Peace may cause the party to be attached and imprisoned, till he find surety to perform the sentence. 32. H. 8. 20. Dalt. 113. Cro. 197. a Lam. 357. Toll. Miller taking Toll by heap measure, is to be fined. 31. Ed. 1. de pistoribus. Lam 461. Miller taking excessive Toll, (viz.) more than 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 King's measure, or otherwise then by strike, shall be grievously amerced, 51. H. 3. Cro. 92. a. A Miller shall have toll of a bushel of hard Corn 3 wine pints, and of a bushel of Malt but one pint, if the Corn be brought to the Mill; for that a Mill will grind 3 bushels of Malt as soon as one bushel of hard Corn. Cro. 92. a. Quaere, for 51. H. 3. doth not express so much. Vide Dalt. 117. Tollgatherer for himself taking above a penny for one contract or entering the parties names, and that in the same place only where the market or fair is, and between 10 of the clock in the morning and sun setting, loseth 10 shill. and is to answer the party grieved. 2 & 3. P. & M. 4. Lam. 471, 472. Toll-taker not knowing the seller of an horse, mare, etc. the seller may bring one credible witness that will testify he knoweth the cellar's name, mystery & dwellingplace, and there to enter them with the true price of the horse, or loseth 5 pound. 3. Elis. 12. Cro. 19 a. Lam. 472. Any giving testimony to the toll-taker, unless he do truly know the same, loseth 5 pound. ibid. Toll-taker refusing to give to the buyer or taker of such an horse, etc. a true note in writing of his entry, the party paying 2 pence for the same, loseth 5 pound. ibid. Transportation. Every man may transport corn, it being at the prices following, except it be forbidden by proclamation. 1. Jac. 25. Wheat a quarter 26 shill. Rye and Pease 15 shill. Barley and Oats 13 shill. Every subject born within the Realm, when the prices of corn at the times, places, and havens when and where the said corn shall be brought, 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 English vessels, or carry or sell in other places within the realm, except where such transportation shall be forbidden by the King's Proclamation. 3. Car. 4. Wheat a quarter 22 shill. Rye, Pease and Beans 20 shill. Barley 16 shill. Every man may transport any beer, when the price of a quarter of Malt exceedeth not 16 shill. 3. Jac. 11. Traverse. Traverse is the denying of the chief matter in an indictment. Lamb. 540. Traverse upon a forcible entry or detainer found upon presentment, quaere before whom the traverse is to be made or tendered, Lam. 158. Notwithstanding offer of traverse upon enquiry of a force, the Justice of Peace must make the restitution by the statute of 8. H. 6. or else deliver or certify the presentment in the Kings Bench. Lam. 158. Dalt. 45. 93. 189. Traverse lieth where one justice of Peace alone will take upon him to record a Riot that he seethe, and the party shall not be concluded thereby. Lam. 182. Traverse of an indictment of felony or treason is not usual. Lam. 541. Traverse of an indictment may be before the justice of Peace. Lam. 542. If the Court where the presentment is, cannot award process thereof, it cannot traverse the presentment, as a leet of bloodshed. Lam. 542. The Court may award process ad respondendum upon an indictment, and may take a traverse of it. Lam. 543. Presentment of bloodshed found in the Sheriff's turn, and sent to the justice of Peace, cannot be traversed before them. Lam. 542. One of the inquests presents himself, it is not traversable. 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 Sailor's ship-boys, Apprentices or Factors of Merchants in their trades, to go, or carrying any of them beyond sea without licence of the King or six of the Privy Council under their hands, such Officer of the Ports forfeiteth h●… office and all his goods, and the master of the vessel his vessel and imprisonment without bail for 12 months, and loseth also all his goods. 1. Jac. 4. Any subject going beyond the feas to serve any foreign State, not taking the oath of allegiance before the Controller or Customer of the Port, or either of their deputy or deputies before his going, shall be a fellow: the oath by them to be registered and certified into the Exchequer once every year, or lose 5 pound for every oath not certified. 3. Ja. 4. Any Gentleman, or of an higher degree, or Captain, or other Officer in the army before his going beyond sea to serve any foreign Prince or State, must be bound by the Controller or the Customer of the Port, with two sureties allowed by the Officer, unto the King in 20 pound, with condition not to be reconciled to the Pope, nor to practise any thing against the King, but knowing any thing to reveal it: the same bond to be by them registered and certified into the Exchequer once every year, or lose 5 pound for every default. 3. Jac. 4. Children not being Soldiers, Mariners, Merchant's Apprentices or Factors, going beyond sea without licence of the King or six of the Privy Council, (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, until he or they being 18 years old or above, take the oath of Allegiance before one justice of Peace of the County where the parents dwelled or dwell: And 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 account to him for the mean profits, and in reasonable time to make payment thereof. And the senders lose 100 pound, one third part thereof to the King, another to the suitor, another to the poor. 3. Jac. 5. Vide Transportation. Traveller. Innkeeper 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 Assizes or Sessions. Dalt. 25. Sr. James Lee delivered that the Innkeeper or Alehouse-keeper may for the same be indicted, fined, and imprisoned, or the party grieved might have his action. Dalt. 28. Ed. 1626. Treason. Treason is a grievous offence done or committed against the King in his person, the Queen his wife, his children, Realm, or authority. Dalt. 198. As, To compass the death of the King, Queen his wife, or of their eldest son and heir; or to intent any of their deaths, though it be not offered. Dalt. 198. To deflower the King's wife, his eldest daughter being unmarried, or his eldest sons wife. Dalt. 198. To levy war against the King in his Realm. Dalt. 198. To conspire to levy war against the King. Dalt. 198. To conspire with a Governor of another country to invade the Realm. Dal. 198. To kill one that is sent on the King's message. Dalt. 198. To encounter in fight and kill such as be assisting to the King in his wars, or come to help the King ibid. To aid the King's enemies in his Realm. Dalt. 199. To counterfeit the King's great seal, signet, manual, Privie-signet, or Privie-Seal. Dalt. 199. To take an old seal and put it to a new patent, quaere whether treason or misprision, Dal. 199. And so of those that without authority set the King's seal upon any writing, or fraudulently thrust a writing amongst others to seal, and so get it fealed. Dal. 199. To counterfeit the King's coin, or any coin currant within the Realm. Dal. 199. To bring in any false money, knowing it to be false. Dal. 199. If he which hath the Kings warrant to coin, doth coin money in England, Ireland, or elsewhere less in weight then ordinary, or coineth false metal. Dal. 199. All counsellors, procurers, consenters, or aiders of any the forenamed treasons, are within purview of the statute of 25 Elis. for in treason all offenders are principal. ibid. To kill the King's Chancellor, Treasurer, Justice in Eyre, of Assize, of Oyer and Terminer, being in his place and doing his office, is high treason. Dal. 199. To extol the authority of the Bishop of Rome within any of the King's dominions, and the procurers, counsellors, aiders and maintainers thereof, the first offence is Praemunire, the second treason. 1. Elis. 15. 5. Elis. 1. Dal. 100 Lam. So to bring over any books that shall maintain, set forth, or defend such authority, and the readers and hearers that shall justify them. Dalt. 200. So deliverers of such books to others, with allowance and liking of the same. Dal. 200. So the printers and utterers of such books be all within the meaning of the statute 5. Elis. 1. Dalt. 201. Refusing the oath of Supremacy, the first offence is Praemunire, the second offence treason. 5. Elis. 1. Dal. 201. Lam. 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. Elis. 2. Dal. 201. To absolve, persuade, 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. Elis. 1. 3. Jac. 4. Dalt. 201. Lam. To be wilfully absolved, persuaded, withdrawn, or reconciled to promise such obedience, or to procure, counsel, aid and maintain the same, except within six days after their return into the Realm they submit according to the statute, 3. Jac. 4. Dalt. 201. For Jesuit, Priest, or other Ecclesiastical person (made by authority from the Pope) to come into, or remain in any of the King's dominions, contrary to the statute, 27. Elis. 2. is Treason. To compass the death of an usurper of the Crown, is Treason, for which the offender may be arraigned in another King's time. Dalt. 122. To intent to deprive, depose, or disinherit the King, or say he will be King after the King dieth. Dalt. 198, 222. To set at large unlawfully any committed for Treason, is Treason by the Common law. Dal. 225. One imprisoned for felony breaketh prison, whereby a traitor escapeth; it is Treason in him by the Common law. Dalt. 225. Voluntarily to suffer one to escape that is committed, or only under arrest for Treason, is Treason by the Common law. Dalt. 225. Stam. 32. Forfeiture in case of Treason is of lands and goods to the King, and at this day by 26. H. 8. 13. ●. Ed. 6. 11. his lands entailed, and his wife her dower, saving in certain cases. Dalt. 229. Judgement and condemnation of a woman in case of Treason is to be drawn on a burdle to execution, and burned. Dalt. 229. Stam. 182. Trespass, Vide Hedgebreakers. Trial. As well Noblemen 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 jurours. Lam. 539. All foreign 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 jurours of that county. 22. H. 8. 14. 32. H. 8. 23. Lam. 552. Aliens indicted of Felony or Murder, must be tried per medietatem linguae. Lam. 554. Peer of the Realm indicted of Treason upon the statute 3. Jac. 4. is to be tried by his Peers. 3. Jac. 4. All Treasons, misprision of Treasons, and concealment of Treason done or committed out of the Realm, shall be enquired and tried within the Realm. 35. H. 8. 2. Dalt. 204. Indictment at the Turn to be certified to the Justices of the quarter Sessions. Vide Certificate. Sheriffs Turn to be holden within a month after Easter, or within the month after Michaelmas. Lam. 504. Estreats of the Justice of Peace of Fines assessed upon presentments in the Turn being enrolled and indented, are to be levied by the Sheriff to the use of him that was Sheriff at the time of presentment. 1. Ed. 2. Lam. 5●5. VAgabonds, Vide Rogues. Venire facias. Justice of Peace may award a Venire facias against the enditour, to amend a bill upon the first oath. 50●. Justice of Peace cannot award a Venire facias tot matronas, to know whether a fellow be with child or no. Lam. 551. 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 23 H. 8. 4. ought to contain under pain of 3 shill. 4 pence for each default, Beer barrel 36. Ale 32 Gallons. Kilderkin 18. 16 Firkin 9 8 But now by the statute 1. Jac. 9 ale and beer shall be sold by retail by one and the same measure, namely by the ale-quart. Dalt. 119. Cro. 94. b. Wine Oil Hony Tun 252. Gallons. Dalt. 119. Pipe 126. Hogshead 63. Barrel 31 and half. ●…ndlet 16 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 Justice's 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 can, where the measure should be, to which nick the ale should come. Cro. 94. b. And so Mr. Wallis Clerk of the Qu. market told him January 25. 1588. Butter is to be of the same content that Soap is. 120. Herring the barrel, half barrel, firkin, shall be of the same content that ale is, namely the barrel 32 Gallons, etc. 13. Elis. 11. Dal. 120. Soap and butter shall be of the same content with ale, and the empty barrel not to be in weight above 26 pound, and for the other vessels in proportion. 23. H. 8. 4. Dal. 119. Lam. 461. The penalty is 9 shill. 4 pence. Victuals and Victuallers. If Butcher, Fishmonger, Inneholder, Tipler, Brewer, Baker, Poulterer, or other seller of victual do sell at unreasonable rates and not for moderate gain, they lose double value. Lam. 454. Brewer selling drink at higher prices than have been appointed by the Justice of Peace, loseth after the rate of 6 shill. a barrel. 23. H. 8. Lam. 455. Conspiracy or oath taken or promise made by Butchers, Bakers, Brewers, Poulterers, Cooks, Fruiterers, or any mystery, or any of them, not to sell but at prices agreed between them, the first offence is 10 pound or 20 days imprisonment; the second, 20 pound or Pillory; the third, 40 pound or lose an ear. 2. Ed. 6. 15. Lam. 455. To sell swine's flesh mezelled, or flesh that died of the murrain, or other corrupt victual. Stat. de pistoribus, C. 7. 51. H. 3. Lam. 455. Any, except victuallers in their houses, buying to sell again by retail butter or cheese, unless it be in open Fair or Market, loseth double value. 3. Ed. 6. 21. 14. Elis. 11. 27. Elis. 11. Lam. 456. Process upon the statute of 23. H. 6. 13. against victuallers is Attachment, Capias, and Exigent. Brewer, or other selling of ale or beer unto any unlicensed Alehouse-keeper, other then for necessary provision for his own household, loseth after the rate of 6 shill. 8 pence a barrel, one moiety to the poor, the other to the informer to be heard and determined at the Quarter Sessions. 4. Jac. 4. Lam. 460. The Officer levying the penalty of 4. Jac. 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. 4. Victualler is within the statute, 1. Jac. 9 4. Jac. 5. Cro. 4. Vide Transportation, Alehouses, Tippling. Alehouse-keeper without licence upon view of one Justice of Peace, confession of the offender, or oath of two witnesses, loseth 20 shill. to the poor of the parish, the penalty to be levied by the Churchwardens or Constable by distress by warrant of one Justice of Peace, and to be apprized and sold within 3 days: in default of distress or nonpayment within 6 days, the offender to be whipped as the justice before whom the conviction was shall appoint; for the second offence to be sent to the house of Correction for one month; for the third offence to be sent and remain in the house of Correction till deliverance by order of Sessions. 3. Car. 3. Constable or other officer not executing the punishment is to be sent to the Goal till he cause the offender to be punished, or to pay 40 shill. ibid. undersheriff. Custos Rotulorum, or a justices of the Peace, one to be Quorum, may give unto Undersheriffes before they exercise their office, the oaths of Elis. of supremacy and 27. Elis. 12. touching their office; so of their deputies and Clerks, or any other ●…edling with returning of writs or execution of process into any Court of record. So of Bailiffs, any of them executing their office before such oaths taken, lose 40 pound. 17. Elis. 12. Lam. 356. 431. 433. undersheriff or his Clerk or deputy doing any thing against their oath, lose triple 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, co●…s, cayls, tennis, casting the stone, football, or other unlawful game now invented, or hereafter to be invented shall be suspected to be used, and may arrest the keeper of every place, and may imprison them until they find sureties by recognizance no longer to use such house, ga●…e, play, alley or place. 33. H. 8 9 Lam. 191. Dalt. 4●. Cro. 79. 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. Lamb. 192. Dalt. 48. Cro. 172. a. b. Lam. 349. 479. Artificer of any occupation, or any husbandman, apprentice, labourer, servant at husbandry, journeyman, servant of artificer, mariner, fisherman, waterman, or servingman, other then of a Nobleman or of him that may dispend 100 pound by the year, playing within the precinct of his master's house, shall not play out of Christmas at any unlawful game, or in Christmas at any unlawful game, or in Christmas out of the house or presence of his master. 33. H. 8. 9 12. R. 2. 7. & 10. Lam. 479. 17 shill. 8 pence every time. Quaere, if other games besides those prohibited 33. H. 8. 9 he unlawful, as the morris & other open dances, bearbayting, common plays, which seem to be prohibited by 39 Elis. 4. Dalt. 48, 49. All offences against the statute of unlawful games may be heard and determined at the Quarter Sessions, Assizes, or leet within which they shall happen. Vide plus, Sunday. Unlawful assemblies. An unlawful assembly is of the company of 3 or more persons disorderly coming together, forcibly to commit an unlawful act, as to beat a man, or to enter upon his possession or the like. Lam. 275. Dalt. 191. Cro. 68 b. P. R. 25. First, An unlawful assembly it is, only to meet to such a purpose, though they willingly depart without doing any thing. Secondly, after meeting to move forward towards the executing of such act, whether it be done or no, is a Rout. Thirdly, to execute such thing, is a Riot. Dalt. 191. Lam. 175, 176. In an unlawful 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, show of armour, turbulent gesture, or actual and express violence to affright peaceable men, or embolden light and busy bodies by their examples. Lam. 176, 177. There be three degrees of seditious and riotous assemblies: the first from three to twelve; the second of 12 or more; the third of 40 and upward. Lam. 183. 1. Elis. 17. justice of Peace may at his discretion assemble subjects to take such, and may take them, and shall be unpunished for hurting, maiming, or killing them if they make resistance. Lam. 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 than 8 pound in the hundred, for forbearance for one year, loseth triple value of the moneys, wares, merchandise and other things so lent, bargained, sold, exchanged or shifted. 21. Jac. 17. Scrivener's taking above 5 shill. for procuring 100 pound, and a bond 12 pence, forfeit 20 pound. ibid. 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. 1. Ed. 3. 5. Lam. 522. After Utlawry the justice of Peace can award no process, but must certify the Utlawry into the Kings Bench. Lam. 521, 522. One Utlawry of felony before a justice of Peace doth appear and saith he was in the King's service beyond sea under-such a Captain, or in prison in such a County; the justice cannot write to the Captain or County. Marrow. Lam. 552. Wages. RAtes of wages of servants and labourers are to be made by the justices of Peace at Easter Q. Sessions, and by them to be engrossed 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 by the Lord Chancellor or Keeper, after declaration thereof to the King's Majest. and certificate thereof into the Chancery. 1. Jac. 6. 5. Elis. 4. 39 Elis. 12. Any giving wages contrary to the rates appointed and proclaimed, loseth 5 pound. 5. Elis. 4. 1. Jac. 6. Lam. 474. Every justice of Peace not having lawful excuse testified by oath of one that is in subsidy 5 pound, etc. that shall not assemble at Easter-Sessions to rate the wages of servants, etc. shall lose 10 pound. 5. Elis. 4. Lam. 632. Any having authority by 5. Elis. 4. to rate wages, may rate the wages of labourers, weavers, spinsters, and of any working by day, week, month, or year, or by great. 1. Jac. 6. No penalty for not certifying the rates of wages into the Chancery, according to the statute of 5. Elis. 4. if they be daily proclaimed. 1. Jac. 6. Rates of wages engrossed in parchment are to be kept by the Custos rotulorum; if in a corporation, amongst the records thereof. 1. Jac. 6. Any two justices of Peace may imprison without bail the master for 10 days for giving, and the servant, workman or labourer for taking greater wages than are assessed by the justices of Peace, and proclamation thereof made in that county. 5. Elis. 4. Dalt. 611. Every retainer, promise, or payment of wages, or other thing whatsoever contrary to the true meaning of ●. Elis. 4. and every writing and bond for that purpose is utterly void. Dal. 61. justice of Peace may have his action of debt against the Sheriff for his wages at the Sessions. Cro. 177. a. justices of Peace shall be paid their wages out of the fines & amerciaments of the same Sessions, and they ought to assess the fines in the Court, and then the Clerk shall indent the estreats betwixt the justices and 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 justice, whereupon the Sheriff shall be allowed the same upon his account in the exchequer. 14. R. ●. 11. Cro. 177. Lam. 58. weanlings. Any killing any wainling Calves under ● year's old to sell, lose 6 shill. 8 pence for every offence determnable at the QUEEN'S Sessions. 24. H. 8. 9 1. Jac. 25. Lam. 453. 607. Wait-lying. Lying in wait to maim or kill any other, is to be fined. Lam. 446. Warrants. The justice of Peace his command by word of mouth is in some cases as strong as his precept in writing. Dalt. 287. As a justice of Peace seeing a Riot may command the Riotters to be arrested, and cause them to find sureties for their good behaviour, Dalt. 187. So upon affray, assault, threatening, or any other breach of the Peace, be may command the officer being present to arrest such offenders to find surety for the Peace. Dalt. 287. But for causes out of his presence one may not arrest another upon the justice's command, but by precept in writing. Dalt. 287. A warrant in writing must be under the justice's hand and real, or under his hand at least. Dalt. 287. Lam. A warrant for the Peace or good behaviour must contain the special matter. Dalt. 287. A warrant for treason, murder or felony, or other capital offence and such like, need not contain the special cause. Dalt. 288. Cro. 148. A warrant is better if it contain and bear the date at the place where it is made, the year and day when it was made. Dalt. 188. Cro. 74. ●. Iust. of Peace being out of the county, granteth his warrant to be served in the county; the officer must carry the party before some justice of Peace within the county. Dalt. 288. Lam. justice of Peace may make his warrant to come before himself: yet upon a warrant for the Peace the usual manner is otherwise. Dal. 288. 136, 137. In some cases a Justice of Peace may grant his warrant to attach the offender, to be at the next Sessions of the Peace, to answer his said offence. Dal. 288. Justices of Peace in diverse cases (as the case shall require) may grant their warrant for the parties neglect, or other default: and such warrant may be either to attach him to be at the next Sessions, there to answer, etc. or to bring the offender before the said justices, or any other justice, etc. who finding cause to bind him, may bind him to the next Sessions to answer the said defavit. Dalt. 189. Vide Dal. 126. Where the statute giveth authority to the Iust. of Peace to cause another to do a thing, they have power of congruity to grant their warrant to bring such persons before them, that so they may take order therein. Quaere Dalt. 284, 289. A Justice of Peace maketh a warrant beyond his authority, it is not disputable by Constable or other inferior officer, but must be obeyed. Lam. 65. Dalt. 6, 209, 292. But if the justice make a warrant to do a thing out of his jurisdiction, or in a cause wherein he is not judge; if the officer execute the warrant he is punishable. Dal. 294. Cro. 147. b. Dalt. 6. Lam. 91, 92. Warrant for the Peace may be directed to any indifferent person by name, though he be not officer: yet it is better to a known officer. Lam. Dal. 290. Cro. 147. A sworn and known officer need not to show his warrant; but the servant of the justice must show it if it be required. Dalt. 291. Lam. 89. Cro. 148. a. A warrant directed to the Constable, and to a stranger jointly and severally, and executed solely by the stranger, is good. Dal. 291. Cro. 147. b. Warrant directed to two jointly to arrest another, may be executed by one of them. Dalt. 291. Lam. 89. A warrant being directed by a justice of Peace to the Sheriff, he may by word command any sworn or known officer under him without precept in writing. Dalt. 291. Lam. 89. If a justice of Peace his warrant be directed to the Sheriff, Bailiff, Constable, justice's servant, or other to arrest one, such person must serve it himself. Dalt. 291. Lam. 89. He to whom any warrant shall be directed, must do it with all secrecy and speed. Dalt. 295. A known officer must, if he will not show his warrant upon arrest, declare the contents of his warrant. Dal. 291. Upon arrest in the King's name, the party arrested aught to obey, Dalt. 291. for if he have not lawful warrant, the party grieved may have his action of false imprisonment. Dalt. ibid. Another officer arresting a man doth afterwards procure a warrant; this is a wrongful arrest. Dal. 291. Lam. 90, 91. The officer having a warrant for the Peace, or good abeating, may break open the doors. Dalt. 29●. Cro. 170. b. One is arrested, who upon promise to come again is let go, and cometh not again; the officer cannot arrest him by force of his former warrant, except he prosecutes him with fresh suit. Dalt. 292. An Officer having a lawful warrant to arrest another, is resisted or assaulted by the party or my other person; the Officer may justify the beating or hurting such person. Dalt. 292. Lam. 92. If any abuse the warrant, as by casting it in the dirt, or treading it under his feet, he shall be indicted and fined; for it is the King's process. Dal. 292. Cro. 149. a. Quaere, whether he shall not be bound to his good behaviour, Dal. 292. Before that a justice of Peace grant his warrant to arrest one for murder, or felony, it is meet to examine the party that requireth the warrant upon oath, and to bind him to give evidence at the next goal-delivery. Dal. 292, 293. Warreners, vide Foresters. Watches. Any justice of Peace may cause night watches to be kept for the arresting of nightwalkers and persons suspect, be they strangers or others of evil fame. Dalt. 113. Watch is to be kept yearly from Ascension day till Michaelmas in every town, from sun setting until sun rising. Dalt. 113, 223. All strangers or persons suspected, passing by the watching men, may be examined by them; and if there be cause of suspicion, they may stay them, & if they will not obey, may levy hue and cry, and may justify to beat them, and may stock them till morning: and if they find no cause of suspicion, deliver them; but if they find cause, may deliver them to the Constable, to carry them before a justice of Peace. Dal. 113, 257. Any justice of Peace may cause all nightwalkers, strangers or others suspected, especially such as sleep in day and walk in night, to be arrested, and such as in the night haunt any house suspected of bawdry, or use suspicious company, or commit other outrages or misdemeanours, and cause them to find sureties for their good behaviour. Dal. 66. Lam. 118, 119. No man is compelled to watch unless he be an inhabitant in the town. Dalt. 141. edit. 1626. Watermen. Every justice of Peace within the shire next adjoining to the river of Thames within his jurisdiction, hath power upon complaint by the overseers or rulers of the watermen and wherry-men, or two of them, or by the masters of any such servants, both to examine, hear and determine all offences against the statute, and set at large him that shall be imprisoned by the overseers and rulers, if there be just cause, and also by his discretion to punish those overseers and rulers, if there be just cause, as if they unjustly punish any person. 2 & 3 Ph. & M. 16. Lam. 203. Dalt. 114. The offences against the statute are, Dalt ibid. 1. No singleman shall be a waterman. 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 King's service. 4. They shall not take for their fare above the price assessed, and set up in tables in Westminster Hall. Wax. One justice of Peace may examine and search by his discretion such as do sell any candles, or work of wax above four pence clear gain over the price of the wax, and punish them by forfeiture of that which is to be sold, and the value of that which is sold, and fine to the King. Dalt. 114. Lam. 296. 464. 11. H. 6. 12. Weapons which be forcible, vide Forcible entry. Weeres. Weeres in rivers may be survayed by one justice of Peace, which he may cause to be made of a reasonable wideness. Lam. Any making weeres within five miles of the mouth of any haven or creek, or by weeres destroying any fry of fish of the sea, loseth 10 pound, one moiety to the King, the other to the informer. 3. Jac. 12. Lam. 189. Weights and Measures. Faults of the officer 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 than they ought to do. 11. Hen. 7. 4. 12. Hen. 7. 5. Lamb. 356. Dal. 1●…. Two Justices of the Peace (one of the Quorum) may break and burn such measures as they find defective, and fine the offenders by their discretion, and make process against them as in trespass, 12. H. 7. 5. Lam. 356. Dalt. 115. Majors of Towns taking above a penny for sealing a bushel or other measure, or for weights above a penny for a pound and a half, a halfpenny for alone pound, a farthing for a less weight, lose 40. s. 1. Hen. 7. 4. Lam. 37. Dalt. 122. 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 first offence six shillings eight pence, and for the second 20. s. and Pillory. 12. H. 7. 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 six shillings eight pence, the second thirteen shillings four pence, the third twenty shillings and Pillory. 11. H. 7. 4. Lam. 460. Those of the Town where the King's 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. 1. Hen. 7. 4. Lam. 460. Dalt. 122. Vid. plus Vessels. Witchcraft. Invocation, Conjuration, consultation, entertainment, employment, feeding or rewarding any dumb spirit, taking up of dead bodies, or any part thereof, to be employed in Witchcraft or Charms, or using any manner Witchcraft, whereby any person shall be killed, or any part of them wasted or lamed, and also the accessaries, is felony without Clergy. 1. Jac. 12. Lam. 415. By Witchcraft or Charms to find out hidden treasures, to tell where lost goods shall be found, to provoke unlawful love, to destroy or hurt any man's body, or to attempt either of them two, the first offence is one years imprisonment without bail, and to stand in the Pillory six hours every quarter of the same year, & confess his offence; the second is felony without Clergy. 2. Jac. 12. Lam. 415. Trial of Noblemen upon the Stat. of 2. Jac. 12. of Witchcraft, is to be by his Peers. Ibid. Attainder upon the stat. 2. Jac. 12. of Witchcraft, neither loss of Dowry, nor corruption of Blood. 2. Jac. 12. Wines. Wines brought in strange bottoms from France into any part of England, except the Isle of Man and Wales, forfeit the wines. 27. El. 12. Lam 457. Any licenced to retail wine, selling above the prices limited by Proclamation, lose 3. s. 6. d. for every Gallon. 27. El. 11. Lam. 458. Any under a Baron's son, or 100 marks a year, or 1000 marks in goods, keeping to spend in his house any vessels of Gascoigne wine, French or Rochel wine, above 10. gallons, loseth ten pounds. 7. El. 6. 5. Lam. 433. Wood Wood brought from France into any part of England, except the Isle of Man & Wales in a strange bottom, forfeiteth the wood. 27. El. 11. Lan. 457. 458. Upon complaint of the Lord, & disagreement of the Lord & his owners, the fourth part of the Lords wood may be set forth by two Justices, appointed by the greatest part of the Justices at their Sessions, and not being of kindred or alliance to the Lord. 35. H. 8 17 13. El. 25. Lam. 359. Just. in Qu. Sessions may call before them the owner of the wood, and 12. of the Commoners to set out the fourth part. Lam. 609. Ingrosler or Regrater of Bark, forfeiteth the Bark. 1. Jac. 22. Any selling of Bark meet to be barked, before April, or after June, except for necessary building, as repairing of houses, ships, mills, lose the oak, or double value. 1. Jac. 22. Purveyors taking Timber for the use of the King's ships or houses, the owner may retain all the Barks lop and top, and the Purveyor taking them, loseth for every tree 40. shillings to the party grieved. 2. Jac. 12. Wool and Wooll-seller. Buyer of wool of any other than the owner of the sheep, lose the value. 14. R. 2. 4. Lam. 428. Woollen-yarne. Buyer of woollen-yarne, and not making it into cloth, loseth the value thereof. 8. H. 6. 5 Lam. 452. Any sorter, carder, kamber, spinster, or weaver, receiving wool and yarn of any clothier or maker of stuff, and embezeling, selling, or detaining the same, and the Receiver and Buyer knowing thereof, upon conviction, by confession or oath of one witness before two Just. of P. is to make such recompense to the party as the Just. shall appoint: and the offender being unable, and refusing to do it, is to be whipped or stocked. 7. Jac. 7. Women. Women arraigned for felony, may only for one time have the benefit of their belly, Lam. 563. Just. of Peace cannot award a Venire facias tot matronas, to know whether a woman fellow be with child. Taking away a woman against her will that hath land, etc. or is heir apparent, not claiming her as ward, and after marry or desloure her, is felony without Clergy. So of the procurers, abettors, and receivers knowing thereof. 3. H. 7. 2. Lam. 421. A woman being delivered of a bastard child, and borne alive, that endevoureth privately by drowning, secret burning, or other way by herself, or procuring of other, to conceal the death thereof, as that it may not come to light whether it were borne alive or dead, shall suffer as in murder, except she can prove by one witness, that the child was borne dead. 21. Jac. 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, & stocked, or sent to the house of Correction (not above a year) as the Justice before whom the conviction is, shall think meet. 21 Jac. 6. Dalinea 267. Wife and her husband are bound to appear at the Sessions, in the mean time to keep the peace. The husband only appearing, the Recognizance is not forfeited, Dalt. 146. Cro. 144. 6. FINIS.