HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT. royal blazon or coat of arms A JUSTICE OF PEACE for IRELAND, consisting of two Books: The first declaring th'exercise of that office by one or more justices of Peace out of Sessions. The second setting forth the form of proceeding in Sessions, and the matters to be enquired of, and handled therein. Composed by Sir RICHARD BOLTON Knight, Chief Baron of his Majesty's Court of Exchequer in Ireland. Whereunto are added many Precedents of Indictments of Treasons, Felonies, Misprisions, Praemunires, and Finable offences of Force, Fraud, Omission, and other misdemeanours of several sorts, more than ever heretofore have been published in print. PSAL. 7. vers. 9 Oh let the wickedness of the wicked come to an end, but establish the just: for the righteous God trieth the hearts and reines. DUBLIN, Printed by the Society of Stationers, Printers to the Kings most excellent Majesty. 1638. BEATI PACIFICI C R SUM GVILHELMI BOLD DE TRE-YR-DDÔL IN COMITATV ANGLESEY ARMIGERI EX DONO AUTHORIS decorative border EN DIEV EST TOUT coat of arms of Thomas Wentworth TO THE RIGHT HONOURABLE, THOMAS Lord Viscount WENTWORTH, Baron of Wentworth-woodhouse, LORD Newmarsh and Oversley; Lord Precedent of the Council established in the North part of England, Lord Lieutenant of Yorkshire, One of his Majesty's most most honourable Privy Council in England, and Lord deputy general of Ireland. RIGHT HONOURABLE, SInce the Conquest of Ireland made by King Henry the second, until of late, the Office and Authority of a justice of Peace have very little or nothing at all been here understood or regarded, but have been altogether eclipsed by those many and often Rebellions, which have been in this Kingdom almost in all ages since that happy Conquest. These Rebellions (after many year's continuance) were totally repressed by that illustrious Princess Queen Elizabeth: who having finished that work was called to another Kingdom, there to enjoy an everlasting Crown of Glory. Since which time by the goodness of Almighty God, and the most happy, prudent, and peaceable government of our late Sovereign King james of blessed memory, and of his most Excellent Majesty that now is (especially since your Lordship's government here) that Eclipse is so vanished and dispersed that now the light of justice doth clearly appear and show itself in all parts of Ireland: and the office of a justice of Peace is duly regarded, and his Warrant in all parts of the Kingdom obeyed. So as now it will be needful that the justice of Peace should well understand the duty of his place, and neither exceed, nor come short of the Authority given him, either by Commission, or by the statute Laws of the Realm. And albeit diverse worthy and learned men in England have published many profitable Books concerning the Pleas of the Crown, and the Office of a justice of peace, yet none of those will be any sufficient guide for the justices of peace in Ireland, because the Statute laws of England and Ireland do in many things differ: for there be many ancient Statutes made in England some whereof are in some things altered, and others repealed (either in part or in the whole) by later Statutes which are not of force in Ireland: (so as those ancient Statutes as they were first enacted remain still of force in this Kingdom:) and likewise there be many statutes made in Ireland (aswell before 10. H. 7. as since) which were never any laws in England. The consideration whereof hath incited me (although by reason of mine age, and other infirmities least able of all my brethren the judges) for the help of the justices of peace here, to compose this work according to the laws and Statutes now of force in this Kingdom: which I humbly make bold to present to your Lordship's view & protection, not doubting but as all other labours which any way tend to the advancement of justice, & the well ordering of this Commonwealth, so also these poor endeavours of mine to that purpose will easily obtain your favourable acceptance. Mine errors or mistake I shall humbly beseech your Lordship to pardon & impute them rather to my weakness, want of ability, and multiplicity of other employments then to my will: and to accept of this small mite as a freewill offering at the hands of him who for your Lordships many noble favours will not only ever pray for your happiness and long continuance in this place of government, but also earnestly desire to manifest his thankfulness for the same, and to be accounted Your Lordship's humble and faithful servant RI. BOLTON. The Method and Contents of the first Book containing the exercise of the office of one or more justices of Peace out of Sessions. THe first book beginneth with an Introduction, which is divided into two Chapters. The first whereof declareth who were and yet are Conservators of the peace at the Common law by virtue of their several offices. The second Chapter thereof setteth forth the first ordaining of justices of the peace, the duty of their places in a generality; the forms of the several Commissions of the peace used in Ireland; the means how the same may be suspended or determined; the several oaths which the justices of peace are to take; and lastly a brief exposition of the first Assignavimus in the Commission of the peace. The rest of the first book is divided into 36. several Titles according to the Alphabet: some of which Titles contain but one Chapter, some others contain several Chapters, according to the several sorts of the matters contained under those several Titles. The Table of the several Titles and of the several matters contained in every Title followeth, viz. 1. Affray, ca 1. 1. The derivation of the word (Affray) Sect. 1. 2. What every private man may do to pacify an Affray. Sect. 2. 3. 4. 5. 3. What a Constable may do for pacifying an Affray, and punishing the offenders. S. 6. 7, 8, 9, 10, 11, 12, 13, 14, 15, 21. 4. What a justice of peace may do herein. S. 16, 17, 18, 19 20. 2. Armour. ca 2. 1. Who may wear weapons, or got armed, and who not. Sect. 1, 2, 3. 2. What a justice of peace or Sheriff is to do when Armour is worn unlawfully, in terrorem populi. Sect. 1, 2, 4, 5. 3. What a Constable or other officer may do in such case. S. 1. 5. 3. Arrest & Imprisonment, ca 3. 1. What is an Arrest and Imprisonment. S. 12. 44. 45. 2. By what warrant and when an Arrest may be made by word only. S. 3, 4, 5, 6, 7. 3. When and in what case it must be by writing. S. 8. 9 10. 4. How and in what manner such warrant ought to be executed. S. 11, 12, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39 5. For what causes a justice of peace may grant such warrants. S. 14, 15, 16, 17, 18, 19, 20. 6. Certain causes for which the justices of peace ought not to grant such warrants. S. 21. 22. 7. To whom such warrants may be directed. S. 24, 25, 28. 8. What warrants of the justices of peace are to be executed by the Constable or other officer, and what not. S. 40. 9 Abusing the warrant of a justice of peace. S. 41. 10. Causes wherein the justices of peace are to take Examinations, and Recognisance to prosecute before they grant their warrant to apprehend the offender. S. 43. 11. What persons may be arrested and imprisoned, and what not. S. 46, 47, 48, 49, 50, 51, 52, 53, 54. 12. Who may arrest and imprison, and for what causes. S. 55. 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77. 13. The places of imprisonment. S. 78, 79, 80, 81. 14. Where an officer may arrest and pursue a prisoner into another County, S. 82, 83, 84. 15. What is to be done with a fellow or Traitor when the Gaoler will not receive him. S. 85. 16. How long the prisoner is to be kept in prison, and in what manner. S. 86, 87, 88, 89, 90. 17. What persons ought to assist when Posse comitatus is required, and who may raise the same, and in what cases, S. 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103. 18. Certain advices to the justices of peace how and in what manner they ought to exercise their offices, S. 104. and so forward to the end of the Chapter. 4. Barretor. ca 4. 1. Who shall be said to be a Barretor. S. 2, 3, 5. 2. The several sorts of Barrators. S. 4. and so forward to the end of the Chapter. 3. The punishment to be inflicted upon Barrators. S. 1. 5. Bailement and Mainprize, ca 5. 1. What it is. S. 1, 2. 2. Who may bail and let to mainprize. S. 3, 4, 10. 3. What persons are bailable, and what not. S. 4, 11, 14, 15, 16, 17, 18, 19 and so forward to the end of the Chapter. 4. One bailed upon insufficient surety may notwithstanding be committed until he find better. S. 5. 5. justices of peace may be fined for taking insufficient bail, Sect. 5. 6. The punishment for bailing of such as are not bailable, S. 6, 7, 8, 9 6. Bridges, Causeys, Toghers & highways. ca 6. 1. Who are compellable by the common law to make or repair Bridges, and who not. S. 1, 2, 3, 4, 5, 6. 2. The power of the justices of peace for erecting and repairing of Bridges, Causeys and Toghers by statute, S. 7. 3. The power and authority given by statute for amending of highways, S. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20. 4. To whom the soil of the highways belongeth, S. 21, 23. 5. Lands adjoining to the highway of common right aught to cleanse the ditches, S. 22. 6. By the common law Commissions might be awarded for the amending of highways, S. 24. 7. Cloth, ca 7. 1. Every justice of peace may punish certain abuses concerning the making of Cloth, and may hear and determine some matters arising between the Clothiers, & their Carders, Spinsters, Weavers, Fuller's, Shermen & Dyers, S. 1, 2, 3. 8. Constables, ca 8. 1. That every justice of peace may cause two Constables to be chosen in every Barony, S. 1. 2. The duty of those Constables: and how they were first ordained, S. 2. 3. The ordaining of petty Constables, and the choosing and swearing of them, S. 3, 4, 5, 6, 7. 4. The particular duties of those petty Constables, S. 7. 8. 9 Felonies of several sorts, containing 20. Chapters, beginning with the 9 and ending with the 28 Chapter. 1. What a justice of peace may do for the apprehending of Felons and Traitors, S. 1. 2. What a justice of peace ought to do when a Felon or Traitor is apprehended and brought before him, S. 2, 3. 3. What felonies justices of peace in the County of Dublin may hear and determine, S. 4, 5. 4. What Felonies justices of peace cannot hear and determine, S. 6, 7, 8, 9, 10, 11, 12, 16, 17. 5. How fare justices of peace may proceed in such felonies which they have not power to hear and determine, S. 13. 6. Where an Endictment of the death of one which is strucken bewitched or poisoned in one County and dyeth in another is made good by statute, S. 14. 7. Where the principal is in one County and the Accessary in another the Endictment of the Accessary taken in the County where he became Accessary is made good by statute, S. 15. 8. That a justice of peace may commit one that can give Evidence against a prisoner, and refuseth so to do. S. 18. Ca 10. of Felonies by the common Law. 1. What offences are felony by the common Law. S. 1. 2. What shall be felony by homicide. S. 2, 3, 4, 5, 6, 7, 8. 3. The several sorts of homicide. S. 9, 10, 11, 12, 13, 14, 15, 16, 17. 4. In what cases justices of peace in default of the Coroner may inquire of homicide. S. 18. 5. What Felo de se shall forfeit. S. 11, 12, 13, 14, 15, 16, 17. Ca 11. of Murder. 1. What killing shall be adjudged murder by the common law, S. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 23, 24, 25, 26, 27, 28, 29, 33. 2. What killing shall not be adjudged felony. S. 15, 18. 3. What killing by poison shall be adjudged murder by the common law. S. 19, 20, 21, 22, 34. 4. Where the Act of one shall be murder in all that are present in the house or upon the same ground. S. 30, 31, 32. 5. Murder must be the kill of one in rerum natura. S. 35. 6. In cases of murder or poisoning no Clergy: nor in case of witchcraft. S. 36. 7. No pardon to be granted for murder, and how fare a pardon of all Felonies will extend. S. 38, 39 8. The King only hath authority to pardon. S. 40. Ca 12. of Manslaughter What shall be adjudged Manslaughter. Sect. 1, 2, 3, 4, 5, 6. Ca 13. Who may be charged with homicide, and who not. 1. Lunatics, Idiots, and non compos mentis cannot be charged, S. 1, 2, 3. 2. An Infant that hath no discretion cannot be charged: but an Infant of discretion may be charged. S. 4. 3. One that is dumb may be charged, S. 5. 4. One borne deaf and dumb cannot be charged. Sect. 6, 7. 5. A man that is drunk which killeth another may be charged, S. 7. Ca 14. of homicide by misadventure. 1. What shall be adjudged homicide by misadventure, S. 1, 2, 3, 5, 6, 7. 2. The punishment of homicide by misadventure, and Se defendendo, S. 3. 3. How the party found guilty of homicide by misadventure may obtain his pardon. S. 4. 4. What shall be adjudged to be a casual death, and what shall be forfeited by reason thereof, S. 8. etc. to the end of the Chapter. 5. How the King shall be entitled to things forfeited by reason of such casual death. S. 10. Ca 15. of homicide upon necessity, as, 1. The kill of one condemned to dye by a stranger, or the putting of him to death by the King's officer in other manner then according to the judgement is not lawful, but is felony, S. 1, 2. 2. The kill of a Traitor or fellow in the apprehending of him which cannot otherwise be apprehended, is no felony. S. 3, 4, 5, 6. 3. The kill of Riotters or forceible Detainers of possession, if they resist the justices of Peace, and shall stand in their own defence is no felony, S. 7. 4. If the Sheriff or his Bailiff killeth one in arresting, which cannot otherwise be arrested, it is no felony. S. 8, 9 5. If in an Appeal of felony the Appellant kill the Appellee, & sic è contra this is no felony. S. 10. 6. To kill a Thief that shall attempt to murder, or rob, or to burn an house, is no felony. S. 11, 12, 13. 7. What shall be said to be homicide in a man's own defence, & what not. S. 14, 15, 16, 17, 18, 19 8. What killing is justifiable, and what not. S. 20, 21, 22, 23, 24. Ca 16. of Burglary. 1. What offences shall be adjudged Burglary and what not. S. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21. Ca 17. Of other felonies by the common Law. 1. That burning of a Barn, or a dwelling house, or any other house, or stacks of Corn is felony by the common Law. S. 1, 2, 3, 4. 2. That for a juror to discover the King's Counsel, and his fellows was anciently felony. S. 5. 3. That rescuing of a fellow is felony S. 6. 4. That suffering of a prisoner to go at liberty which was arrested for felony is felony, and in case of Treason such escape is Treason. S. 7. 5. That breaking of prison at the Common Law was felony although the party had been in prison, but for Trespass. S. 8. Ca 18. Of Robbery, declaring 1. What offences shall be adjudged Robbery, and what not. S. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17. 2. The definition of Theft, and of the several sorts thereof, S. 1. 3. The definition or description of Robbery, S. 1. 10. 4. No Clergy in case of Robbery. S. 1. 5. Cutting of a Purse, or privy taking away of money from the person of another without putting him in fear, is felony, but not Robbery, S. 12, 13, 15, 16, 17. Ca 19 Of Larcenie. 1. The definition of larceny, and the derivation of the word. Sect. 1. 2. The several sorts of larceny, and the punishments, S. 2. 3. The definition of grand Larceny. S. 3. 4. The definition of petty Larceny. S. 5. 5. The punishment for petty Larceny, S. 4, 5. 6. The forfeiture for petty Larceny. 6, 7. 7. Where several petty Larcenies put together make a Felony of death. S. 8. 8. The intent and the act must concur to make the offence Larceny, S. 10, 24, 25. 9 Felony by way of Larceny may be in some cases where the offendor had the goods by delivery of another, and in some cases not. S. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23. Ca 20. Of what things Larceny may be committed, and of what not. 1. Larcenie may be committed of such things whereof another hath property. S. 1, 2, 3, 21, 22, 23, 25, 26. 2. Larcenie may be committed of some things which be ferae naturae, and not of some others. S. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 3. Of some living things which are not ferae naturae, and yet of them no Larceny may be committed, S. 20. 4. Things Real whereof Larceny cannot be committed, S. 24, 27, 28, 29. 5. Where Larceny may be committed in taking away goods, the owner whereof is not known, and where not. S. 30, 31, 32. 6. Where a man may commit Larceny by stealing his own goods. S. 33, 34. 7. To obtain goods by finding or by false token or message is not felony, S. 35, 36. Ca 21. Of such persons as are chargeable in Larceny, and such as are not. 1. In what case a feme covert may be charged with Larceny, and in what not. S. 1, 2, 3, 4, 5, 6, 7, 9 2. Taking of the husband's goods secretly by the wife's delivery is not felony, S. 7. 3. Taking another man's wife with her husband's goods is felony, S. 8. 4. Where a servant by compulsion of his master stealeth goods, this is felony in both. S. 10. 5. Where an Idiot, Lunatic, dumb and deaf person, or an Infant are chargeable in Larceny, and where not, S. 11. Ca 22. Of Felonies by Escape. 1. What shall be said in law a breaking of prison, S. 1, 2, 3, 9 2. The rescuing of one arrested for felony, S. 2, 3, 4. 3. Voluntary Escapes. S. 5, 6. 4. When a man shall be said to be in prison, S. 7. 5. Where a prisoner may be taken again after an escape, S. 8. 6. Who shall have the keeping of the common gaol, S. 10. 7. The several sorts of escapes, videlicet, voluntary and negligent, S. 11, 12, 13, 14, 15, 16, 17, 18, 19 8. How one arrested for felony may be set at large, S. 20, 21, 22. 9 Delivery of a fellow out of gaol by a justice of peace without bail is a voluntary escape, S. 23. Ca 23. Of Felonies by statute, viz. 1. Buggarie with man or beast, S. 1. 2. Confederacies, S. 2. 3. Cutting out of tongues, etc. S. 3. 4. Conjuration, etc. S. 4. 5. Witchcraft, S. 5, 6. 6. What shall be good Evidence against witches, S. 7. 7. Embezelling or rasing of Records, etc. S. 8, 9, 10. 8. Forestall of foreign Merchandise, S. 11. 9 Forging of Evidence, S. 12. 10. In a jailer by dures of imprisonment, S. 13. 11. Taking up a reclaimed hawk, etc. S. 14, 15. 12. Hunting of Dear, etc. in the night with Vizars, etc. 8. 16, 17, 18. 13. Marrying a second husband or wife the former being living, S. 19 14. Multiplication of gold or silver, S. ●0. 15. Poisoning, S. 21. 16. Purveyors taking or making any purveyance contrary to the statute, S. 22, 23, 24. 17. A Cater of any subject taking victual or any other thing against the owner's consent, S. 25. 18. Robbing of a house, Booth or Tent in Fair or Market etc. in the day time, S. 26. 19 Servants imbezelling the goods of their deceased master, Sect. 27. 20. Soldiers departing from their Captains, S. 28. 21. A Rape, S. 29, 30, 31, 32, 33, 34. 22. Taking away a man's wife with the goods of her husband, S. 35, 36. 23. Taking meat and drink against the will of the ●●ner, Sect. 37. 24. Taking of distresses contrary to the Common Law, S. ●8. 25. A searcher to conceal the transporting of wool, etc. Sect. 39 26. Shipping of prohibited Merchandise as wool, woolfels, etc. to transport the same, S. 40. 27. Taking of amends for murder, S. 41. 28. A servant to run away with his master's goods, S. 42. 29. Levying a Fine, suffering a Recovery, acknowledging a judgement, Recognisance, or Bail in the name of another, S. 43 Ca 24. Of Accessaries. 1. No Accessaries in Treason, but all are principals, S. 1, 2, 3. 2. No Accessary in a Praemunire, S. 4. 3. Two sorts of Accessaries infelonies, S. 5, 6. 4. Who shall be said to be Accessaries, and who principals, Sect. 7, 8, 9 5. Accessaries before the Felony, S. 10, 11, 12, 13, 14, 15, 16, 17, 18. 6. Accessaries after the fact, S. 19, 20, 21, 22, 23. 7. Relieving of a Felon not knowing of the felony, S. 23. 8. A wife relieving her husband, S. 24. 9 What Acts shall make a man an Accessary after the fact, and what not, S. 25, 26, 27, 28, 29, 30, 31, 32, 33, 34. 10. Accessaries to a Felony done in another County, S. 35. 11. Accessaries to a Felony by statute, S. 36. 12. Accessary to an Accessary, S. 37. 13. Accessary not to be tried till the principal be attainted, S. 38, 39, 40. 14. No Accessary in Manslaughter, Se defendendo, or by misadventure, S. 41. Ca 25. Of certain Rules concerning felonies. 1. A felony committed in the time of one King the offendor may be tried for it in the time of another King, S. 1. 2. How a fellow which is apprehended in one County shall be brought to a Trial for a felony committed in another County, and in what cases he may be tried in the County where he is apprehended, S. 2, 3. 3. Where stolen goods are stolen from the Thief that stole them, the owner may charge either the first or second Thief with felony, S. 4. 4. If Cloth or other things be delivered to a Tailor to make apparel, and be stolen from the Tailor, the offendor may be charged either at the owners or Tailor's suit, S. 5. 5. If goods be stolen and the owner not known, the offendor may be indicted quod bona & catalla cujusdam hominis ignoti felonicè cepit, and all men may be received to give Evidence, S. 6. 6. What a justice of peace may do when a Robbery is committed, and the party rob will not accuse or prosecute the fellow, S. 7. 7. Upon all Felons Hue and Cry ought to be levied who ought to follow the same, and what punishment shall be inflicted upon them for that neglect, and what a justice of peace may do therein, S. 8, 9 8. Where the Town or Country shall be amerced for the escape of a murderer or Manslayer, S. 10, 11, 15. 9 How felons apprehended upon Hue and Cry ought to be brought before a justice of Peace, and by whom, S. 12. 10. Levying Hue and Cry without cause, S. 13. 11. The King's officers may break a house to apprehend any suspected of felony, S. 14. 12. The duty of justices of peace and Constables concerning the keeping a watch, S. 15. Ca 26. Of the forfeiture for Felonies. 1. What the fellow shall forfeit, S. 1, 2, 3, 4, 5, 8. 2. At what time the goods of a fellow become forfeited, S. 6, 7. 3. Where the Towneship shall be charged with felons goods, Sect. 9 4. What shall be adjudged a conviction in felony, and other offences, S. 10, 11, 12. 5. The difference between attainder and conviction, S. 13, 14, 15, 16. Ca 27. Of Examination of Felons and Evidence against them. 1. How and in what manner a justice of peace ought to examine aswell the fellow as those that bring him, before he commit him to the gaol, S. 1, 2, 3, 4, 28, 29, 30, 31, 32. 2. How and in what manner a fellow may be bailed and by whom, S. 5, 6, 7, 8, 9 3. What the justice of peace ought to do if the offendor confess the felony, S. 10, 11. 4. What the justice of peace ought to do in case of Manslaughter, Se defendendo, or per infortunium, or done by an Infant, Lunatic, or the like, S. 12. 5. What persons may be examined to prove a felony, and bound to give Evidence, S. 13, 14. 6. What Evidence shall be good against the offendor, and what not, S. 15, 16, 17, 18, 19 7. How restitution shall be made of stolen goods, where the owner gives Evidence against the Felon, S. 20, 21, 22, 23, 24, 25. 8. No restitution of goods wayved, where the fellow is not known, so as he may be indicted, S. 26. 9 Examinations before a justice of peace in one County may be given in Evidence in another, S. 27. Ca 28. whether information, evidence, or proof of witnesses shall be taken against the King. 1. What Evidence a justice of peace may take by examination against the King, and in what manner, S. 1. 2. What Evidence shall be received in acquittal of the prisoner at his trial, and in what manner, S. 2, 3, 4. 3. Circumstances to be considered upon examination of felons, Sect. 5. 4. The confession of the fellow before a justice of peace is no conviction, S. 10. 5. In what cases half proofs are to be allowed, and what are good causes of suspicion, S. 11, 12, 13, 14, 15, 16. Of forcible Entries and detainer which containeth 9 chapters beginning with the 29 and ending with the 37 1. In what cases at the common Law forceible entries and detayners were tolerated, S. 1, 2. 2. Remedies against such force, S. 3, 4, 5, 6, 7, 54. 3. What a justice of peace ought to do upon complaint to him of a forcible Entry, S. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 40, 41, 42. 4. How and in what manner the justice of peace must make restitution of the possession, S. 29, 30, 31, 34, 35, 36. 5. What justices may make restitution of the possession, Sect. 32, 33. 6. To whom the restitution shall be made, S. 37. 7. Of what things restitution shall be made, and of what not, Sect. 38. 8. What the justice of peace is to do when the parties indicted tender a Traverse to the Endictment, S. 33. 9 A justice of peace may punish the Sheriff and Bailiffs for not returning sufficient jurors to inquire of a force, S. 43. 10. One justice of peace may proceed in forceible Entries, Sect. 44. 11. Mayors of Corporations may do the like in cases of forcible Entries as other justices of peace may do, S. 45. 12. How a justice of peace ought to proceed upon a writ out of the Chancery to remove a force grounded upon the statute of North-hampton, S. 46, 47, 48. 13. How he may proceed upon that statute ex officio without such writ, S. 50, 51, 52, 53. Ca 30. what is a forcible Entry or holding within the statutes. 1. Of the several sorts of force, S. 1, 2. 2. Of the force prohibited by the statutes, S. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 3. Of forcible detainer by policy, S. 23, 24, 25, 26. 4. Of forcible detainer, S. 27, 28, 29, 30, 31, 32, 33, 34, 35, 42, 43, 44, 45, 46, 47, 48. 5. Of forcible detainer by word, S. 36, 37, 38, 39, 40, 41. Ca 31. Who may commit a forcible Entry, etc. 1. Of the number of the persons, S. 1, 7. 2. Of the quality of the persons, S. 2, 3, 4. 3. Of the commandment before or consent after the force, Sect. 5, 6. 4. Of the persons put out by force, S. 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 5. Of the weapons offensive, S. 23, 24, 25. 6. Of force justifiable or not justifiable, S. 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 Ca 32. Where a forceible detainer of possession is lawful. Where a continued possession of 3. years may be maintained with force, S. 1, 2, 3, 4, etc. to the end of the Chapter. Ca 33. How many several remedies the party hath which is either forcibly put or thrust out of possesses. 1. By an action upon the statute of 8. H. 6. S. 1, 2. 2. By a writ upon the statute of Northhampton, S. 3, 4. 3. By endictment upon the statute of 8. H. 6. in the Sessions of the peace, S. 5. 4. By complaint to one or more justices of peace out of Sessions, Sect. 6. 5. By removing the Endictment into the King's Bench, S. 7. 6. How the justice of peace is to proceed to the enquiry, S. 8, 9, 10, 11, 12. Ca 34. Of restitution to be made to the party put out. 1. In what cases the party put out shall be restored and by whom, S. 1, 2, 3, 4, 14, 15, 16, 17, 18. 2. The Endictment must be sufficient matter and form, S. 5, 6, 8, 9, 10, 11, 12, 13. 3. Of what things restitution may be made, S. 8. Ca 35. Who shall award and make this restitution. 1. The justice of peace before whom the Inquisition was found shall award or make the restitution and none other, S. 1, 2, 3. 2. The justices of the King's Bench upon a Certiorari may award it, but not do it in person, S. 4, 5. 3. The Sheriff shall be amerced if he return that he could not make restitution by reason of resistance, S. 6, 7. Ca 36. To whom this restitution is to be made 1. To the party that was put out, and to none other, S. 1, 2, 3, 4, 5, 6. 2. Where the disseisor which is put out with force shall not be restored, and if he that entered with force shall be fined and imprisoned, S. 7, 8, 9 3. Where divers claim the possession, and both are upon the land, who shall be adjudged session, S. 10, 11. 4. Where one joint-tenant or Tenant in Common putteth out the other by force, he that is put out cannot be restored by a justice of peace, S. 12. 5. Two jointenants put out, S. 13. 6. Coppiholder, Lessee for years, Tenant at will, Tenant by Elegit, etc. S. 14, 15. Ca 37. Causes for staying the justices of P. from granting Restit. 1. The title found or proved before the justice of peace, S. 1. 2. Three year's possession, S. 2, 5. 3. A Certiorari, S. 2, 6, 7, 8, 9 4. The insufficiency of the Indictment, S. 3. 5. The tender of a Traverse. S. 10, 11, 12, 13. 11. Games unlawful, ca 38. 1. What punishment a justice of peace may inflict upon common gamesters & such as keep common gaming houses, S. 1. 2. What games are unlawful and what not, S. 2. 12. H●y & cry, ca 39 1. In what case the justice may cause it to be levied, Sect. 1. 2. How it ought to be made, S. 2, 3. 13. Hunting, hawking, and hawks, ca 40. 1. What a justice of peace ought to do upon Information, unlawful hunting, S. 1, 2, 3. 2. Where and in what cases such hunting will be felony, and where a Riot, S. 2, 4. 3. No man can make a park or warren without the King's licence or grant, S. 5. 4. The imbezelling of a hawk that is lost is felony, S. 6. 14. Inrolements, ca 41. 1. What deeds may be enrolled before a justice of peace, and Clerk of the peace, and within what time, S. 1, 2, 3, 4. 2. How many days shall be accounted for a month, S. 4, 5, 6. 15. Labourers, Artificers & servants, ca 42. 1. justices of peace may commit such as refuse to labour, Sect. 23. 2. What persons may be compelled to labour, and how they shall be punished for their refusal, Sect. 1, 23, 35, 36, 37, 38, 39, 40, 41. 3. The punishment of servants departing within the time of their service, S. 2. 4 The retaining of one that is another man's servant, S. 2. 5. What wages servants, Labourers or Artificers ought to take, S. 3, 4, 5, 6, 7, 8, 9, 20, 21, 24, 25, 26. 6. The punishment of such as refuse to perform the ordinances of the statutes of Labourers, etc. S. 7, 10, 11, 14. 7. That Bailiffs and Constables be sworn to inquire of, and present all such as shall transgress the ordinances concerning Labourers, etc. S. 11. 8. Nothing to be taken by Gaolers or any others of Labourers, etc. for fees, S. 12, 19 9 Encouraging of Labourers, etc. against the ordinances concerning them and the punishment of servants departing into other Counties contrary to those ordinances, S. 13, 15, 16. 10. justices of peace to hear and determine the points of the statutes concerning Labourers and Artificers, Sect. 17, 18, 22, 23. 11. That servants intending to departed from their masters at the end of the Term shall give warning, S. 23. 12. What the Common Law was concerning Labourers, etc. S. 28, 29, 30, 31, 32, 33, 34. 13. Who are compellable to labour by the statute of 23. E. 3. S. 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45. 14. What is a good retainer by that statute, S. 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64. 15. What be good causes for a servant to departed, S. 65, 66, 67, 68, 69. 16. How and in what manner the master may discharge his servant, S. 70, 71, 72, 73. 17. Who may lawfully take a servant out of his master's service. S. 74, 75, 76, 77, 78, 79, 80. 18. In what cases a man may receive another man's servant, S. 81, 82. 19 Who shall in law be adjudged another man's servant, S. 83, 84, 85. 16. Misprisions, ca 43. 1. The several sorts of Misprision and the several punishnishments, S. 1, 5. 2. What offences are misprisions of Treason or felony, S. 2, 3, 4. 3. What authority a justice of peace hath in cases of Misprision of Treason or felony. 17. Nightwalkers, ca 44. 1. How Nightwalkers are to be punished, S. 1. 18. Peace, ca 45. 1. The power of the justice of Peace for the keeping of peace, Sect. 1, 2. 19 Posse comitatus, containing two Chapters, viz. 46. and 47. 1. Who may raise Posse comitatus, and for what cause, S. 1, 4. 2. Who ought to assist when Posse comitatus is required, S. 1, 2. 3. The number requisite & how they shall be armed, Sect. 3. 1. A justice of peace or Sheriff may take Posse comitatus, Sect. 1. 2. It may be taken to suppress Riots, S. 2, 3. 3. It may be taken in cases of Forceible Entry and detainer to remove the force, S. 4. Ca 47. what persons may take Posse comitatus, and in what cases. 4. If need be it may be taken to execute the King's Process or writ, S. ●, 6. 5. It may be taken to execute a Supplicavit, S. 7, 8. 6. The Sheriff may take it to apprehend Felons, or disturbers of the peace, or to execute the warrant of a justice of peace, S. 9, 10. 7. The Constable may take it to apprehend felons and traitors, or suppress an affray, or to arrest one that hath wounded another dangerously, S. 11, 12. 20. Praemunire. ca 48. 1. A justice of peace may cause parties suspected of a Praemunire to be arrested, S. 1. 2. What offences will amount to a Praemunire, S. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16. 3. In a Praemunire all the principals, S. 18. 4. Prosecuting a suit in the spiritual Court for a thing which belongeth to the temporal Court is a Praemunire, S. 19, 20, 21, 22, 23, 24. 21. Purveyus, ca 49. 1. How the King's Purveyors ought to make provision, and the punishment if they do otherwise, S. 1, 2, 3, 4, 5, 6, 7, 8, 9, 12. 2. How the Purveyors of other lands ought to make provision, and the punishment if they do otherwise, S. 7, 10, 11, 14. 3. justices of peace have power to punish Purveyors, S. 12. 22. Riots, Routs and unlawful assemblies, contain 3. Chapters, viz. 50, 51, 52. 1. What one justice of peace may do concerning the preventing or punishing of a Riot, S. 1, 2, 3, 4, 5, 6, 7, 8. 2. What the two next justices of peace and the Sheriff ought to do for the punishment of Riots, S. 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45. 3. What any other two justices of Peace may do for the punishing of a Riot, S. 11. 4. The punishment of the justices of peace if they record a riot where there was none committed, S. 46. 5. The record of a Riot ought to be formal and certain, and where it ought not, S. 47, 48, 49. 6. What justices shall commit the Riotters, and assess the synes and how they ought to proceed therein, S. 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73. 7. If the justices of peace for Riots impose but small fines the Riotters may be again fined in the Castle-chamber, S. 74, 75. 8. If the Riot cannot be found by reason of embracery, the justices are to make certificate thereof, etc. S. 76, 77. 9 When and in what manner the certificate is to be made, S. 78, 79, 80, 81, 82, 83, 84. 10. In what case a Commission shall issue to inquire aswell of the Riot as of the default of the justices, S. 85, 86, 87, 88, 89. Ca 51. what shall be adjudged a Riot, Rout or unlawful Assembly. 1. The description of a Riot, etc. S. 1, 2, 3, 4. 2. What assembly shall be said to be an unlawful assembly, S. 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16. 3. What assembly and the hurts done by them shall amount to a Riot, and what not, S. 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31. 4. Where the manner of doing a lawful Act shall make it punishable as a Riot, S. 31, 32, 33. Ca 52. what persons may commit a Riot. 1. Where women and children may commit a Riot, S. 1, 2. 2. In what a Fine imposed upon a Feme Covert shall be levied upon the goods of the Husband, S. 3. 3. In what manner a Riot committed by a Mayor and commonalty shall be punished, S. 4. 23. Recognisance. ca 53. 1. What a Recognisance is, S. 1, 12. 2. Who may take a Recognisance, S. 2, 3, 4, 5, 6, 7, 8, 11, 13. 3. Where two justices are to join in taking a Recognisance, S. 9, 10. 4. How Recognizances taken by justices of peace to be certified, Sect. 14. 24. Robbery, ca 54. 1. In what cases the party rob shall have satisfaction from the Barony where the robbery was committed, S. 1, 2, 9, 10, 11. 2. The power of the justices of peace for taxing the moneys recovered against the Barony upon the several inhabitants, Sect. 2. 3. The power of the justices of peace in taxing a contribution upon every Barony where default was made of Hue and Cry. 4. With what robbery the Barony shall be chargeable, and with what not, S. 4, 5, 6, 7, 8. 5. Where the Lord of the Town shall be answerable for Robberies, S. 12. 25. Rogues, vagabonds & Beggars, ca 55. 1. The punishment of such as give Alms to sturdy beggars, Sect. 1. 2. The punishment of wand'ring Rogues, S. 2, 3, 4, 5. 3. The punishment of Rogues able to labour, S. 4. 4. The provision for the poor impotent Beggars, and how they shall be ordered, S. 6. 7. 5. In what cases prisoners acquitted may beg for their Fees, Sect. 8. 6. Provision for houses of correction for the punishment of Rogues and Idlers, S. 8. 26. Surety of the peace containeth 6. Chapters, beginning with the 56 and ending with the 61 Chapter. 1. The definition of the surety of the peace, S. 1. 2. Who may take security of the peace, S. 2, 3, 4. 3. For what causes a justice of peace may bind one to the peace, S. 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 52. 4. What the Constable may do for the preservation of the peace, S. 12, 13, 14. 5. Who may crave the surety of the peace, and against whom, and for what cause, S. 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 45, 46, 47, 48, 49, 50, 51, 53, 54, 55, 57, 58, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73. 6. Where and how surety of the peace may be granted against Noblemen or noble women, S. 39, 40, 41, 42, 43. 7. Where nobility is acquired by marriage, it may be lost by a second marriage, S. 43, 44. 8. What Recognisance for the peace shall be good, and what not, S. 55. 56. 59 Ca 57 How the surety of the peace maybe commanded, & the same shall be executed. 1. Where the justice of peace may command the surety of the peace by word, and where it must be by writing, Sect. 1. 2, 3, 4, 5. 2. How the warrant in writing is to be made, and to whom it must be directed, 8. 5, 6, 7. 3. How the Constable or other officer ought to execute the warrant of the peace, S. 7, 8, 9, 10, 11. 4. What the justice of peace is to do when the party is brought before him, S. 9 10. 5. In what cases the justice of peace or any other may deliver him that is committed for want of sureties, S. 12, 13. 6. To what justice the party arrested may go to put in his security for the peace, S. 14, 15. 7. Where a justice of peace may grant a Supersedeas, Sect. 15, 16, 17. 8. The remedy for him that is arrested notwithstanding he hath a Supersedeas, S. 18, 19, 20. 9 In what cases the party may have a Supersedeas out of the Chancery or King's Bench, S. 21, 22, 23, 24, 25, 26, 27, 28, 29, 30. Ca 58. Matters concerning the Recognisance of the peace. 1. Certain differences where the justice of peace taketh a Recognisance by virtue of a Supplicavit, and when he doth it ex officio. S. 1, 2, 3, 4, 5, 6, 24. 2. Certain opinions how security of the peace may be taken otherwise then by recognizance. S. 7, 8, 9 3. For how long time a justice of peace may bind one to the peace, S. 10, 11. 4. What Recognizances taken before a justice of peace shall be void, and what not. S. 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22. 5. In what cases the justice of peace ought to return the Recognisance to the Sessions, S. 26, 27, 28. 6. If the Sureties be Insufficient a justice of peace may compel the party to find better. S. 29. Ca 59 What shall discharge a Recognisance of the peace, or the party of his appearance at the quarter-sessions. 1. In what manner the party bound to the peace may be discharged, S. 1, 2, 3, 7, 16, 17, 18, 19, 20, 21. 2. What will discharge the appearance of him that is bound to the peace, & what not. S. 1, 2, 3, 4, 5, 6, 8, 9 3. Where the Recognisance of the peace may be released, and by whom, S. 8, 9, 10, 11, 12, 13, 14, 15. Ca 60. what act shall amount to a forfeiture of the Recognisance of the peace. 1. Menacing words, assault or affray, S. 1, 2, 3, 4, 5. 2. Commanding or procuring another to break the peace, S. 6. 3. Arrest or imprisonment without warrant, S. 7. 4. Putting into malice, S. 8. 5. Rape, S. 9 6. Treason, Burglary, Robbery or Manslaughter, S. 10, 11, 12. 7. Riotous assemblies, S. 13. 8. Wearing armour or company not usual, S. 14, 15. 9 Where correction and chastisement shall be no breach of the peace, S. 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26. 10. In what cases force used by ministers of justice shall be no breach of the peace, S. 27. 39 11. In what cases so used by a private man shall be no breach of the peace, S. 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41. 12. When the Act of one shall cause another to forfeit his Recognisance, S. 42, 43. Ca 61. Concerning the writ of Supplicavit. 1. The forms of the Writs of Supplicavit, and to whom it may be directed, S. 1, 2. 2. In what manner the justices of peace are to execute the writ of Supplicavit, S. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38. 3. The manner how to procure a Supersedeas to the writ of Supplicavit, S. 15, 16, 17, 18, 19 4. Where and in what cases the writ of Supplicavit is to be granted, S. 20, 21, 22, 23. 27. Surety of the good behaviour, ca 62. containing two Chapters, viz. 62. and 63. 1. Who may grant it, S. 1, 11, 12, 13. 2. The difference between it, and surety of the peace, Sect. 2, 9, 10, 11. 3. What Acts shall be a breach of the good behaviour, S. 2, 3, 4, 5, 6, 7, 8. 4. What discretion & circumspection is to be used in granting it, S. 13, 14, 15. 5. When it is to be taken by writ of Supplicavit, the writ must be pursued, S. 17. 6. How the party may procure a Supersedeas to prevent it, Sect. 18. Ca 63. For what causes this surety of the good behaviour may be granted. 1. Against common Barretor, common quarrel, common disturbers of the peace, S. 1. 2. Against Riotters, persons suspected to be liars in wait to Rob, S. 2, 3, 4. 3. Against such as shall use any unlawful endeavour to take away another's life or destroy his goods, S. 5, 6, 7. 4. Against Keepers or Frequenters of baudy-houses, common Whores, and common whoremongers, S. 8, 9, 10, 11, 12, 13. 5. Against Nightwalkers, Eavesdroppers and Idlers, Sect. 14, 15, 16, 17. 6. Against prophaners of the Sabbath, and common haunters of Alehouses, etc. S. 18. 7. Against such as go in messages of Thiefs, S. 19 8. The reason why such offenders should be bound to the good behaviour, S. 20. 9 Against such as levy Hue and Cry without cause, Sect. 21, 22. 10. Against Cheators, Consiners, Libelers and unlawful hunters in parks, etc. S. 23, 24, 25, 34. 11. Against such as abuse a Magistrate or other officer, S. 26. 27, 28, 29, 30, 31, 32, 33. 12. In what cases a fellow shall find sureties for the good behaviour, S. 35, 36. 13. Whether surety of the good behaviour may be released, and by whom, S. 39 14. Whether a Supersedeas may be granted, and by whom, Sect. 40. 15. Whether Certiorari will discharge the appearance, Sect. 41. 28. Cursing and Swearing, ca 64. 1. The punishment for Cursing & Swearing, and by whom it may be inflicted, Sect. 1. 29. Treason ca 65. 1. What offences are declared to be Treason by the statute of 25. E. 3. ca 2. de proditionibus, S. 1, 2, 3, 4, 5, 6. 2. Petty Treason, S. 3. 3. Clipping, filing, and washing of money, S. 4. 4. Counterfeiting of foreign Coin, S. 5. 5. Burning of houses or Corn, S. 6. 6. Assuming the name of O Necle. S. 7. 7. Cessing of horse or foot. S. 8. 8. Putting or taking in Comrick. S. 9 9 Causing of insurrection or Rebellion, S. 10. 10. Other offences of several kinds made Treason by several statutes, S. 11, 3, 22. 11. The exposition of the statute of 25. E. 3. de proditionibus, S. 12, 13. 12. What offences were Treason at the common Law, S. 14, 15, 16, 17, 19, 20, 23, 24, 26, 29. 13. What shall be Treasons and murders, S. 18. 14. What breaking of prison shall be Treason, S. 25. 15. Entering into Rebellion, S. 27. 16. Killing the King's Messenger, S. 28. 17. All are principals in Treason, S. 30. 30. Trespass. ca 66. 1. Cutting of Corn, robbing Orchards, breaking of hedges; cutting of wood, and barking of Trees, S. 1, 2, 3, 4. 31. Tiles. ca 67. 1. How and in what manner Tiles ought to be made, and what punishment against the offenders, S. 1. 32. Tithes, ca 68 1. What a justice of peace may do for the execution of a sentence for Tithes, S. 1. 33. Watch. ca 69. 1. What a justice of peace may do concerning watch to be kept, Sect. 1. 2. How long it ought to be kept, Sect. 1. 3. The authority of the watchmen, S. 2. 34. Wax. ca 70. 1. Wherein justices of Peace may punish Waxe-chandlers', Sect. 1. 1. The power of the justices of Peace to punish falsifiers weights and measures, S. 1, 2, 13. 2. What weights and measures are warrantable or accustomed, S. 3, 4, 13, 14. 3. Troy weight, and what shall be weighed by it, S. 4, 5. to pag. 27. S. 6, 7. 4. Averdepois weight and what shallbe weighed by it, S. 6, 7, 8. 35. Weights & measures ca 71. 5. What measures of Corn ought to contain, pag. 272. Sect. 1, 2, 3, 4, 5. 6. The punishment of bakers for selling of bread not being of full weight, pag. 273. S. 8, 9 7. What measures of Wine, Beer and Ale ought to contain, pag. 273. S. 9 8. The weights of Cheese, Flesh, Herrings, wool, Spices, Wax, and Hops, p. 273. S. 1, 2, 3, 4, 5, 6. 9 The weights of lead, pag. 274. S. 7. 10. Things sold by number and measure, p. 274. S. 8, 9, 10, 11, 12, 13, 14, 15, 1, 2, 3, 4, 5, 6, 7, 8. 11. The measure of land, pag. 274. S. 7, 8, 9, 10, 11, 12. 36. Warrants and Precedents, ca 72. 1. Warrants and Precedents concerning Treasons and Felonies, S. 1, 2, 3, 4. 2. The form of the examination of Traitors and felons, Sect. 5, 6, 7, 8. 3. The form of the Mittimus. S. 9, 10, 11. Concerning Treasons, Felonies, Misprisions and Praemuniries. 4. The form of the Recognisance taken of prosecutors, Sect. 12, 13, 14, 15. 5. The justice of peace is to return Recognizances to the next gaol delivery, S. 16. 6. The form of the warrant concerning Misprisions and Praemuniries, S. 17. 7. The form of a bail, S. 18, 19 8. The bail must be returned to the next gaol delivery, Sect. 20. 9 The form of a warrant to enlarge a prisoner upon bail, Sect. 21. 10. The form of the record of a force, and what the justice of peace is to do therein, S. 22, 23. Concerning Forcible Entries, etc. 11. The form of the Mittimus upon a force, Sect. 24. 12. The form of the precept to inquire upon a force, and the return thereof, S. 25. 13. Several forms of Inquisitions of forceible Entries, etc. S. 26, 27, 28, 29, 30, 31, 32. 14. The form of the warrant to the Sheriff to make restitution, S. 33, 34. 15. The certificate of the force into the King's Bench, Sect. 35, 36, 37, 38. 16. The form of proceeding by writ upon the statute of North-hampton, for removing a force, and the return thereof, S. 39 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51. 17. The form of proceeding by a justice of peace ex officio upon the said statute, S. 52, 53, 54. Concerning Riots, etc. 18. The form of recording a Riot, and the Mittimus, Sect. 55, 56, 57 19 The form of the precept to inquire of Riot, Sect. 58. 20. The form of the Inquirie upon a Riot, S. 59 21. The certificate of a Riot, S. 60. 22. The form of the Record of a Traverse to an Endictment of a Riot, S. 61. 23. Rules concerning Endictments of Riot, etc. pag. 296. S. 1, 2. Rules and observations concerning endictments in general. Concerning Process upon Endictments. 24. For Endictments framed upon statutes, pag. 197. S. 34. 25. Six principal parts to be observed in all Endictments, pag. 197. S. 5. and to the end of the page. 26. The Process upon Endictments out of Sessions, how and by whom they may be made, pag. 298. S. 1, 2, 3. 27. To whom these process shall be directed page. 299. 28. The Venire facias and Distringas. pag. 299. 29. The Capias alias, plures, and Exigent. pag. 300, 301. Concerning Traversses. 30. Whether the justices of peace may determine Traversses, out of Sessions, pag. 301. 302. 31. The form of the return of the Certiorari, pag. 302, & 303. Concerning Certiorari 32. The Certiorari is a Supersedeas in itself, pag. 303. 33. The form of the Certiorari, pag. 304. Concerning the Supplicavit. 34. The form of the warrant upon a Supplicavit, pag. 304. 35. The form of the Recognisance upon the Supplicavit, pag. 305. & 306. 36. The return of the Supplicavit, pag. 306. & 307. 37. The form of the Release upon a Supplicavit, pag. 307. 38. The form of a Supersedeas upon a Supplicavit, pag. 307. Concerning the peace ex officio. 39 The form of the warrant for the peace, pag. 308. & 309. 40. The form of the Recognisance of the peace, pag. 309, & 310. 41. The form of the Supersedeas ex officio, pag. 310. & 311. Concerning the good behaviour. 42. The form of the warrant of good behaviour, pag. 311, & 312. 43. The Supersedeas for the good behaviour, pag. 312, & 313. Concerning Supersedeas. 44. A Supersedeas for one indicted of Trespass, pag. 313. 45. A Supersedeas upon a Capias pro fine. pag. 314. 46. A Supersedeas upon a Capias of felony, pa. 314. 47. A Supersedeas upon an Exigent of felony, pag. 314. 48. A general warrant for misdemeanour, pag. 315. 49. A warrant for one that hath dangerously hurt another, pag. 315. Several warrants for several misdemeanours. 50. A warrant for a general search for Rogues, pag. 315. & 316. 51. Several warrants for fugitive servants, pag. 317. & 318. 52. A warrant for one that refuseth to serve, pag. 318. & 319. 53. A warrant for suppressing an Alehouse, pag. 319. 54. A warrant for removing a petty Constable, pag. 319. 55. The form of a warrant to one that is appointed to be Constable, to come and take his oath, pag. 320. 56. The form of the Constable's oath, pag. 320. THE INTRODUCTION. Of the Conservators of the Peace. CHAP. 1. 1. BEfore I enter into the handling of the particulars wherein the justice of Peace is to exercise his Authority, it will not be amiss in a generality by way of Introduction to set forth how the Common Law-hath provided for the preservation of peace, and good government of the Subjects, and how the same hath from time to time been enlarged by several Acts of Parliament. Co. 3. &. 9 parti preface. It is plain and apparent that the common Laws of England receiving principally their grounds from the Laws of God and nature (which law of nature, as it pertaineth to man, is also called the law of reason) and being for their antiquity those whereby the Realm of England was governed many hundred years before the Norman Conquest; the Equity and Excellency whereof is such, as that there is no humane Law, within the circuit of the whole world, by infinite degrees, so apt and profitable, for the honourable, peaceable, and prosperous government of the Kingdoms of England and Ireland, and so necessary for all estates, and for all causes, concerning life, lands, or goods, as these Laws been; These Laws, I say, even from their beginning have continued a special care for the conservation of the peace, and good government of the people. And to that purpose at the Common Law (long before justices of the peace were made) there were sundry persons to whose charge the maintenance of this peace was recommended, and who with their other offices had (and yet still have) the conservation of the Peace annexed to their charges, as a thing incident to, and unseparable from those offices, And yet nevertheless, they were and are called by the names of their offices, only the conservation of the Peace being included therein. First, 20. H. 7. 7. 2. Co. 11. 85. the King's Majesty (by his Dignity Royal) is the principal Conservator of the Peace within his Dominions (and is Capitalis justiciarius Angliae) in whose hands, at the beginning, the administration of all justice first was, and afterwards by and from him only was this authority derived and given to others. 2. The Lord Chancellor (or Lord Keeper of the great Seal) the Lord high Steward of England, the Lord Martial, and high Constable of England, the Lord Treasurer of England, and every justice of the King's Bench, and also the Master of the Rolls, have enclosed in their said Offices the conservation of the Peace over all the Realm, and every of these may award precepts, and take recognizance for the Peace by virtue of their places; and the like Officers in Ireland may do the like. 2. H. 7. 1. Br. peace. 12. 3. There be others also (who by virtue of their Offices) have the conservation of the Peace, but yet only within the precinct of their several Courts, as namely the justices of the Court of Common Pleas, the Barons of the Exchequer, and the justices of Assize. 4. Also the Steward of the Sheriffs Turn, the Steward of a Leete, and the Steward of a Court of Pypowder, every of these are Conservators of the Peace within their several Courts; for every of them may commit him to ward, that shall make an Affray in their presence, whilst they be in execution of their Offices; for that these be Courts of Record: and so in all other Courts of Record. 5. And as well the Steward of the Sheriffs Turn, as also the Steward of a Leete (during their Courts) may by recognizance bind him to the peace that shall make an Affray in their presence, Br. Leet. 39 F.N.B. 82. sitting the Court; 13. H. 4. 12. And may commit him to Ward, until he hath found sureties for the peace. And may also take the examination of Felons at the Common Law, 21. Ed. 4. ●1. and commit them to the Gaol, and may also take the presentment of any Felony at the Common Law, committed within their precinct; or of any other offence against the peace, except the death of a man. See Br. Leet. 1. 2. 14. 18. 22. 26. Co. 8. 38. 6. And so if any other contempt or disturbance to the Court shall be committed in any (of the said Courts, or in any other) Court of Record, the judge (or Steward) there may impose upon such Offenders a reasonable Fine. F.N.B. 81. d. 7. The Sheriff is a Conservator of the peace within his County; And (upon request to him made) he may command another to find surety of the Peace, and may commit him until he find such surety. 7. Coroners also by the Common Law, are Conservators of the peace, within the County where they be Coroners: but they have power for the keeping of the peace, only as the Constables have, and no otherwise. 9 The high Constables for hundreds are Conservators of the peace within their several hundreds and limits. Br. peace. 13. 10. All petty Constables within the limits of their several Towns be Conservators of the peace by virtue of their Office. 11. If any man shall make an Affray or assault upon another in the presence of the Constable: Or if any man shall threaten to kill, beat, or hurt another, and that complaint shall be made thereof to the Constable, he may commit the offendor (to the Stocks, or to some other safe custody for the present, and after may carry him before some justice of peace, or to the Gaol) until he shall find surety for the peace. 12. These conservators of the peace (by the ancient common Law) are to employ their own valour; and may also command the help, aid, and force of others, to arrest and pacify all such, who in their presence, and within their jurisdiction, and limits, by word, or deed shall go about to break the peace. 13. Also these Conservators of the peace, if they have committed or bound over, any such offenders, it seemeth they are then to send to, or to be present at, and attend the next Sessions of the peace, or Gaole-delivery, there to object against such offenders. The first ordering of justices of the Peace, and their authority. CHAP. 2. 1. IN Anno Domini 1327. justices or Commissioners of the Peace were first created and ordained by the statute of 1. Ed. 3. cap. 16. by which statute it was ordained that in every Shire of the Realm certain persons should be assigned (sc. by the King's Commission) to keep the peace, And their authority was after enlarged by the statutes of 4. Ed. 3. cap. 2. 18. Ed. 3. cap. 2: And 34. Ed. cap. 1. And by the said statute of 34. Ed. 3. cap. 1. they were first (generally) enabled to hear and determine (at the King's suit) all manner of Felonies and Trespasses; And each County had now its proper Commissioners for the peace, whereas before (it seemeth) the Commissions to the justices of peace were not always made severally into each shire, but sometimes jointly to sundry persons over sundry shires. 2. But the statute of 36. Edw. 3. cap. 12. is the first statute that nameth them justices of the peace: For the statutes of 2. Ed. 3. cap. 6. and 25. Ed. 3. cap. 6. 7. 8. speaking of justices seem not to be of our justices of peace; but that of 2. E. 3. as also the statute of Winchester, cap. 6. therein mentioned to be meant of justice's Itinerants, or justices in Eyre; and the other of 25. E. 3. to be meant of justices or Commissioners specially assigned for servants and labourers. 3. They be called justices (of the peace) because they be judges of Record, and withal to put them in mind (by their names) that they are to do justice (which is to yield to every man his own by even portions, and according to the laws, customs, and statutes, of this Realm, without respect of persons.) 4. They are named also Commissioners (of the peace) because they have authority by the King's Commission. 5. And here it shall not be amiss to put them in mind how that justice may be perverted many ways (if they shall not arm themselves with the fear of God, the love of Truth and justice, and with the authority and knowledge of the Laws and Statutes of this Realm, As namely 1. First; by fear, when fearing the power or countenance of another, they do not justice, Deut. 1.17. Ye shall not fear the face of man for the judgement is Gods. 2. Favour, when they seek to please their Friend, neighbour, or others, Deut. ibid. Ye shall have no respect of persons in judgement. 3. Hatred or malice against the party, or some of his, See Levit. 19.18. 4. Covetousness; when they receive or expect gift, or reward, for (as the wise man saith) Rewards and gifts do blind the eyes of the wise, Eccles. 10.28. and make them dumb that they cannot reprove faults. 5. Perturbation of mind, as anger, or such like passion. james 1.20. The wrath of man doth not accomplish the Righteousness of God. 6. Ignorance, or want of true understanding what is to be done. Ignorantia matter erroris. 7. Presumption when without law, (or other sufficient rule or warrant) they (presuming of their own wits) proceed according to their own wills and affections. There is more hope of a fool, then of him that is wise in his own conceit. Prov. 26.12. 8. Delay, which in effect is a denying of justice; Negligentia semper habet Comitem infortunium, & mora trahit periculum. 9 Precipitation, or too much rashness; when they proceed hastily without due examination and consideration of the fact, and of all material circumstances, or without hearing both parties, for as another saith (qui aliquid statuerit parte inaudita altera aquum licet sta●uerit, haud aquus est) he that shall judge or determine of a matter, the one party being unheard, although he shall give just judgement, yet is he not a just judge. His Ma. speech in the S●archamber Anno. 1616. 6. All these his late Majesty King james hath shortly, yet fully observed in his charge lately given to the judges of England (sc.) charging them, That they do justice uprightly and indifferently without delay, partiality, fear or bribery, with stout and upright hearts, with clean and uncorrupt hands, and yet not to utter their own consents, but the true meaning of the law, not making laws, but interpreting the Law; (and that according to the true sense thereof, and after deliberate consultation) remembering that their Office is Ius dicere, and not Ius dare. 7. According to this last also is the rule given in the book of judges, sc. in all causes doubtful first to consider of the matter, judges 1930. to consult, and then to give sentence. 8. Yea God himself hath given us Precedents of such deliberate proceed, as you may see in Genesis, chap. 3. vers. 8. Gen. 3.8.9.11. etc. and chap. 18. vers. 21. 9 These are worthy Directions for all justices of peace, that they may carry themselves in their places uprightly and indifferently, not uttering their own conceits, nor upon the sudden to overrule things, but after deliberate consideration and consultation, then to proceed to execute the authority committed to them. 10. justices of peace are judges of Record, Their description or definition. appointed by the King to be justices within certain limits, for the conservation of the peace, and for the execution of diverse things comprehended within their Commission, and within diverse statutes committed to their charge. 11. Now first that the justices of peace are judges of Record, 9 E. 3. 4. 14. H. 8. 16. (yea that every justice of peace by himself is a judge of Record, and upon whose sole report and testimony, the law reposeth itself very much) appeareth more plainly if you observe these things following: 1. He is made under the great Seal, which is a matter of Record. 2. Every justice of peace hath judicial power given unto him by the Commission, sc. in the first assignavimus. 3. Also by some statutes they have judicial power given them, for they may make a Record of a force by them viewed, and may thereupon fine and imprison the offenders, yea one justice of peace may also hear and determine, and punish an offendor (in some cases as convicted upon his own view or examination) as in cases of forcible Deteyner. 4. His warrant (though it be beyond his authority) is not disputable by the Constable, or other inferior Minister, but must be obeyed and executed by them; But this must be understood, 14. H. 8. 18. Co. 10. 7. 6. when the justice of peace hath jurisdiction of the cause, for, or concerning which he hath granted his warrant; for otherwise the Constable or other Officer executing such warrant is punishable notwithstanding the warrant. 5. He may take a Recognizance (for the peace, etc.) which is a matter of Record, and which none can do, but a judge of Record, See Br. Recog. 8. & 14. 6. His record (or testimony) in some cases is of as great force, and in some other cases, of greater force, than an Indictment upon the oath of twelve men, as in cases of Forcible Entry, forcible Deteyner and Riots. 7. Great cause therefore have the justices of P. to take heed that they abuse not this their credit and authority, either to the oppressing of the subject, by making untrue Records, or defrauding of the King, by suppressing true Records. 12. Now concerning peace, it is the amity, confidence, and quiet, that is between men, and he that breaketh this amity, or quiet, breaketh the peace. 13. Yet peace (in our law) most commonly is taken for an abstinence from actual and injurious force, and offer of violence, and so is rather a restraining of hands, than an uniting of minds; And for the maintenance of this peace, chief were the justices of Peace first made. 14. The breach of this peace seemeth to be any injurious force, or violence, moved against the person of another, his goods, lands or other possessions, whether it be by threatening words, or by furious gesture, or force of the body, or any other force used in terrorem populi. 15. The Office of the justice of Peace is principally to be exercised to the suppressing of such injurious and unlawful force, or violence, and yet the Commission of the P. (being pro conservatione pacis & pro quieto regimine & gubernation populi,) I see not why the justices of Peace should be restrained from preventing and repressing such other offences, misbehaviours and deceits as may break the amity, quiet, and good government of the people; and whereof discords, and so breaches of the peace do often arise; (though there appear neither force nor violence in the offence itself) as libel, cosinages, and such other offences. 16. But it is no part of their office to forbid lawful suits; albeit they shall do well to be mediators of peace in such suits and controversies as shall arise amongst their neighbours. 17. The Conservation of the peace (and therein the care of the justice of peace) consisteth in three things, viz: 1. In preventing the breach of the peace (wisely foreseeing and repressing the beginnings thereof) by taking surety for the keeping of it, or for the good behaviour of the offenders, as the case shall require. 2. In pacifying such as are in breaking of the peace. 3. In punishing (according to the law) such as have broken the peace. 18. But of the three, the first; viz. the preventing part, is most worthy to be commended to the care of the justices of Peace. 19 justices of peace (at this day) in Ireland are of two sorts, and are appointed or created by two several means, videlicet: The one by grant made by the King by Charter under the great seal, By Charter. Br. Commiss. 5. as Mayors and chief Officers in diverse corporate Towns: And such the King cannot discharge again at his pleasure, but they shall continue and enjoy their jurisdiction, according as their Charters do enable them: And therefore if the King grant to a Mayor or other head Officer of a City, or corporate Town, and to their Successors, to be justices of peace in their City or Town, and after maketh out a Commission of the peace to others there, yet the authority and jurisdiction of the Mayor, etc. remaineth good, for that it was granted to them and their successors, and is not revocable at the King's pleasure, as a Commission of the peace is. And such justices of peace by Charter have thereby the same power, that the Conservators of the peace had by the Common law; And it seemeth such power also as is given to the justices of peace (or to any one justice of peace) by express words in any statute: but none of them have thereby the whole power which is ordinarily given to the Commissioners of the peace by their Commission. 20. The other sort of justices of peace are by Commission By Commission. (made of common course) under the great seal, and these are appointed by the discretion of the Lord Chancellor, but the authority of these Commissioners of the peace doth determine by diverse means; yet more usually by three means: First, by the death of the King, or by his Resignation of the Crown. Secondly, at the King's pleasure, and that in two sorts: Either by the King's pleasure expressed, as the King in express words may discharge them by his writ under the great seal, or by Supersedeas: 5. E. 4. ●2. Br Commis. 1● 12. Ass. 2●. Br. Commis. 13 Br. Commiss. 20. ●●. but the Supersedeas doth but suspend their authority, which may be revived by a procedendo. Or by implication (as by making other Commissioners of the same kind, and within the same limits, leaving out the ancient Commissioners names) 10. Ed. 4. 7. &. 3. Mar. 1. 21. But here the ancient Commissioners must have knowledge of such new Commission; for this determination of the old Commission, Br. Commiss. 2. groweth not immediately by the making of the new Commission; but either by giving special notice of the new Commission unto the old Commissioners; Or else by and after the reading (or proclaiming) of the new Commission, at the Assizes, Sessions of the peace, or at the full County; Or else by holding of some open Sessions by virtue of the new Commission, (in which two last cases, the old Commissioners must take notice of the new Commission.) And in all these cases, if the ancient Commissioners do sit, by virtue of their ancient Commission, after such notice or publishing of the new Commission, whatsoever such ancient Commissioners shall so do is void: And contrariwise, until such notice or publishing of the new Commission, whatsoever mean Acts such ancient Commissioners shall so do, by virtue of their ancient Commission, the same are good in Law. 34. Ass. p. S. Br. Commiss 14. 22. 11. H. 6. ca ●. Also in all cases where an ancient Commission of the peace is determined by a new, yet no proces or suit depending before the old Commissioners shall be discontinued thereby, neither shall any other thing done by the justices of the peace, by force of their ancient Commission be made, or become void thereby. Br. Com. 19 21 Br. Offic. 15. 23. Note also that although by the death of the King, or by his resignation, the authority of all justices of peace (yea and of all judges, Dyer. 165. Co. 7. 30. Br. Com. 5. Commissioners of (Oyer and Termyner) Commissioners of Gaole-delivery, Sheriffs, Escheators; and other Officers that are by Commission) doth cease, yet Mayors, and chief Officers in Cities and corporate Towns, which have the authority of justice of peace, or of the conservation of the peace by Charter, (to them and their Successors) their authority still remaineth notwithstanding the King's death, or resignation. 24. So also the authority of the high Constables and petty Constables remaineth, notwithstanding the death of the King, etc. for that their authority is by the common Law, and to their said Office the conservation of the peace remaineth as a thing incident and unseparable from the same. 4. E. 4. 44. Br Offic. 25. Dyer. 165. 25. Coroners also do remain Conservators of the peace, (within the County where they are Coroners notwithstanding the King's death, etc. for they are made by the King's Writ; and not by Commission, and their office and authority doth remain until they be removed by the King's Writ; and their office remaining, the conservation of the peace remaineth as incident thereto. Their oaths. 26. Every justice of peace (before he shall take upon him to exercise the office of a justice of Peace) shall take two corporal oaths; the one concerning the office of a justice of peace; the other concerning the King's supremacy. 27. The oath concerning the office, seemeth to be by force of the statute made 13. R. 2. ca 7. the form whereof as it now is followeth in these words, viz: 28. Ye shall swear, that as justice of the peace in the County of Dublin in all Articles of the King's Commission to you directed, you shall do equal right to the poor, and to the rich after your running wit and power, and after the laws and customs of the realm and statutes thereof made: And ye shall not be of Council of any quarrel hanging before you: And that ye hold your Sessions after the form of the Statutes thereof made. And the Issues, Fynes, and Amerciaments that shall happen to be made, and all Forfeitures which shall fall before you, ye shall cause to be entered without any concealment (or imbesilling) and truly send them to the King's Exchequer; ye shall not let for gift, or other cause, but well and truly you shall do your office of justice of the peace, in that behalf, and that you take nothing for your office of justice of the peace to be done, but of the King, and Fees accustomed, and costs limited by the statute; and ye shall not direct, nor cause to be directed, any warrant (by you to be made) to the parties, but ye shall direct them to the Bailiffs of the said County, or other the King's Officers (or Ministers) or other indifferent persons to do execution thereof. So help you God, etc. 29. The parts of this Oath are shortly six. 1. That they shall do equal right to rich and poor, and according to the laws and statutes of the realm. 2. That they shall not be of Counsel with any person, in any matter depending before them. 3. That they shall keep their Sessions according to the statutes, 2. H. 5. 4. which (as it seemeth) ought to be in the week after the Feast of S. Michael after the Epiphany, after the clause of Easter, and after the translation of S. Thomas, which is the third of july. 4. That all Issues, Fines, Amerciaments, and Forfeitures which happen before them, be by them truly entered, and sent into the Exchequer. 5. That they take nothing for doing their office, but of the King, and the accustomed Fees appointed by the statutes. 6. That they shall not direct any their warrants to the parties, but to the Bailiffs of the County, or to other the King's Officers, or other indifferent persons. 26. The other oath concerning the King's supremacy, is by force of the statute, made secundo Eliz. ca 1. The form of which oath also followeth in these words: videlicet. 27. I. R. B. do utterly testify and declare in my conscience that the King's Highness is the only supreme governor of this Realm, and of all other his Highness' Dominions, and Countries, as well in all spiritual and Ecclesiastical things (or causes) as temporal: And that no foreign Prince, person, prelate, State, or potentate, hath or aught to have any jurisdiction, power, superiority, pre-eminence, or authority Ecclesiastical, or spiritual within this Realm: And therefore I do utterly renounce and forsake all foreign jurisdiction, powers, superiorities and authorities, and do promise that from henceforth I shall bear faith and true allegiance to the King's Highness, his heirs, and lawful Successors, and (to my power) shall assist and defend all jurisdictions, privileges, preeminences and authorities, granted or belonging to the King's highness, his heirs, and Successors, and united, and annexed to the Imperial Crown of the Realm. So help me God, etc. 28. Yet it is most usual that both these oaths are taken by a special Commission: viz. by a writ of Dedimus potestatem, directed out of the Chancery to some ancient justice of Peace to take the same oaths (which by them is to be certified into the same Court,) at such day as the writ commandeth. 29. If the justice of peace (or other person) to whom a Dedimus potestatem shall be directed to take the oaths of a new justice of peace, shall return the Commission and the Oaths to be taken, when they were not taken, this is fineable in the Star-chamber. 30. So if the new justice of peace shall exercise this office before he hath taken both these Oaths, he is likewise fineable in the Star-chamber. 31. Also if a justice of peace shall not perform his oath (concerning his office) he is fineable in the Star-chamber, if the neglect be of corruption, or any sinister affection, otherwise, it is if it be by Ignorance only. 32. Now forasmuch as the authority of the justices of peace, ariseth partly out of their Commission, and partly out of the statutes, I will set down the form of the Commissions now used in Ireland, which are consonant to the Laws and statutes, and to the politic government of this Kingdom. A precedent for the Commissions of the peace for all the ●ountyes of Ireland except Dublin. CArolu● Dei gratia, Angliae, Scotiae, Franciae & Hiberniae Rex, fidei defensor, etc. Predilecto & fideli Consiliario nostro Adamo Vicecomiti Loftus de Ely, Concellario nostro Regni nostri Hiberniae, etc. salutem. Sciatis quod nos de fidelitat. & circumspectionibus vestris plurimum confidentes. Assignavimus & per praesentes assignamus vos conjunctim & divisim & quemlibet vestrum justiciarios nostros ad pacem nostram in Comitatu nostro Middie conservand. Ac ad omnes ordinationes & statuta pro bono pacis nostrae, & pro conservatione ejusdem, & pro quieto regimine, & gubernation populi nostri edita in omnibus & singulis suis articulis in dicto comitatu nostro, tam infra libertates quam extra, juxta Vim, formam & effectum eorundem, custodiendum & custodiri faciendum, & ad omnes contra formam ordinationum vel statutorum illorum, aut eorum alicujus in comitatu predicto delinquentes, castigandum & puniendum, prout secundum formam ordinationum & statutorum illorum fuerit faciendum. Ac ad omnes illos qui alicui vel aliquibus de populo nostro de corporibus suis, vel de incendio domorum suarum minas fecerint, ad sufficientem securitatem de pace, vel de bono gestu suo, erga nos & populum nostrum inveniendum coram vobis, seu aliquo vestrum venire faciendum. Et si hujusmodi securitatem invenire recusaverint, tunc eos in prisonis nostris quousque hujusmodi securitatem invenerint salvo custodiri faciendum. Assignavimus etiam & per praesentes assignamus vos & quoslibet duos vel plures vestrum quorum prefat. Cancellar. nostr. aut A. B. aut C. D. unum esse volumus justiciarios nostros in & per totum Comitatum predictum, tam infra libertates quam extra ad inquirendum per sacramentum proborum & legalium hominum Comitatus predicti ac omnibus alijs medijs & modis quibus rei veritas melius sciri poterit de omnibus & singulis proditionibus, murdris, homicidiis, incendiis, illicitis assemblationibus, feloniis, rober●s, veneficiis, incantationibus, sortilegiis, arte magica, transgressionibus, forstallariis, regratariis, ingrossariis & extortionibus quibuscunque. Ac de omnibus & singulis aliis malefactis et offensis quibuscunque de quibus justiciarii pacis nostrae legitimè inquirere possunt aut debent per quos●unque & qualitercunque in Comitatu predicto factis vel quae imposterum ibidem fieri vel attemptari contigerint. Ac etiam de omnibus illis qui in Comitatu predicto in Conventiculis contra pacem nostram in perturbationem populi nostri, seu vi armat. ierunt vel equitaverunt, aut imposterum ire vel equitare presumpserint. Ac de omnibus illis qui ibidem ad gentem nostram maheymandam vel interficiendam in insidiis jacuerunt, aut imposterum jacere presumpserint. Ac etiam de hostellariis, & omnibus & singulis aliis personis qui in abusu ponderum, vel mensurarum, sive in venditione victualium contra pacem & communem legem nostram, ac contra formam ordinationum, vel statutorum, vel eorum alicujus inde pro Communi utilitate dicti Regni nostri, aut populi nostri ejusdem edit. delinquerunt, vel attemptaverunt, aut imposterum delinquere, vel attemptare presumpserint in Comitatu predicto. Ac etiam de quibuscunque vicecomitibus Ballivis, Seneschallis, Constabulariis, Custodibus Gaolarum, & aliis officiariis, qui in executione officiorum suorum circa premissa, seu eorum aliqua indebite se habuerunt, aut imposterum indebite se habere presumpseriut, aut tepidi remissi, vel negligentes fuerunt, aut imposterum fore contigerint in Comitatu predicto. Et de omnibus, & singulis articulis, & circumstanciis, & aliis rebus quibuscunque, per quoscunque & qualitercunque in Comitatu predicto factis sive perpetratis, vel quae imposterum ibidem fieri, vel attemptari contigerint qualitercunque premissorum, vel eorum alicujus concernentibus plenius veritatem, Et ad indictamenta quecunque sic coram vobis seu aliquibus vestrum capta sive capienda, aut coram aliis nuper justiciariis pacis in Comitatu predicto facta sive capta, & nondum terminata inspiciendum. Ac ad processus inde versus omnes & singulos indictatoes, vel quos coram vobis imposterum indictari contigerint, quousque capiantur reddant se, vel utlagentur faciendum et continuandum (preterquam super indictamentis de proditionibus et fellonijs) Et ad omnia et singula veneficia incantationes, sortilegia, arts magicas, transgressiones, forstallarias, regratarias, ingrossarias, extortiones, conventicula indictamenta, ceteraque omnia et singula premissa (preterquam proditiones et felonias) secundum leges et statuta Regni nostri Hiberniae prout in hujusmodi casu fieri consuevit aut debuit audiendum et terminandum. Et ad eosdem delinquentes et quemlibet eorum pro delictis suis per fines redemptiones amerciamenta forisfactura● ac alio modo prout secundum legem et consuetudinem Regni nostri Hiberniae aut formam ordinationum vel statutorum predictorum fieri consuevit aut debuit castigandum et puniendum. Proviso semper quod si casus difficultatis sive magni momenti super determinationem aliquorum premissorum coram vobis vel aliquibus duobus vel pluribus vestrum evenire contigerit tunc ad justicium inde reddendum nisi in presentia unius Iusticiariorum nostrorum de uno vel de altero Banco vel unius Baronum de Scacario nostro, aut unius Iusticiariorum nostrorum, ad Assisas in Comitatu predicto capiendas assignatorum coram vobis vel aliquibus duobus vel pluribus vestrum minime procedatur. Et ideo vobis et cuilibet vestrum mandamus quod circa Custodiam pacis ordinationum statutorum, et omnium et singulorum ceterorum premissorum diligenter intendatis, et ad certos dies, et loca quae vos, vel ali qui hujusmodi duo vel plures vestrum ad hoc provi-videritis super premissis faciatis inquisitiones. Et premissa omnia et singula (exceptis praeexceptis) audiatis et terminetis, ac ea faciatis et expleatis in forma predicta facturi, inde quod ad justitiam pertinet, secundum legem et consuetudinem Regni nostri Hiberniae. Salvis nobis amerciamentis et aliis ad nos indespectantibus. Mandamus enim tenore presentium vicecomiti nostro Middie quod ad certos dies, et loca quae vos vel aliqui hujusmodi duo vel plures vestrum, ut predictum, est ei, ut predictum est scire feceritis, Venire faciat coram vobis, vel hujusmodi duobus vel pluribus vestrum, ut dictum est, tot et tales probos et legales homines de Balliva sua, tam infra libertates quam extra per quos rei veritas in premissis melius sciri poterit et inquiri. Assignavimus denique te prefatum. A. B. Custodem Rotulorum pacis nostrae in dicto Comitatu nostro, Ac propterea tu ad dies et loca predicta brevia, precepta, processus et indictamenta predicta, coram te et dictis sociis tuis, vel aliquibus duobus vel pluribus eorum, ut predictum est venire facias, ut ea inspiciantur, et debito fine terminentur sicut predictum est, Teste, etc. Dat. etc. A precedent for the Commission of the peace for the county of Dublin only. CArolus Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei Defensor, etc. Adamo Vicecomiti Loftus de Ely, etc. Salutem. Sciatis quod nos de fidelitatibus circumspectionibus & industrijs vestris plurimum confidentes, Assignavimus vos conjunctim & divisim, & quemlibet vestrum justiciarios nostros ad pacem nostram in Comitatu nostro Dublin, tam infra libertates quam extra conservandam, ac ad omnia ordinationes & statuta pro bono pacis nostrae, ac pro conservatione ejusdem, & pro quieto regimine, & gubernation populi nostri edita in omnibus & singulis suis articulis in dicto Comitatu nostro tam infra libertates quam extra, juxta vim, formam, & effectum eorundem custodiendum, & custodiri faciendum; Et ad omnes contra formam ordinationum vel statutorum illorum aut eorum alicujus in Comitatu predicto delinquentes, castigandum & puniendum prout secundum ●ormam ordinationum & statutorum illorum fuerit faciendum. Et ad omnes illos qui alicui vel aliquibus de populo nostro, de corporibus suis, vel de incendio domorum suarum, minas fecerint ad sufficientem securitatem de pace vel bono gest● suo erga nos & populum nostrum inveniendum, coram vobis seu aliquo vestrum venire faciendum, & si hujusmodi securitatem invenire recusaverint tunc eos in prisonis nostris quousque securitatem invenerint salvo custodiri faciendum. Assignavimus etiam vos & quoslibet duos vel plures vestrum quorum aliquem vestrum A. B. C. D. etc. unum esse volumus justiciarios nostros ad inquirendum per sacramentum proborum & legalium hominum de Comitatu predicto per quos rei veritas melius sciri poterit de omnibus & omnimodis proditionibus, felonijs, veneficijs, incantationibus, sortilegijs, arte magica, transgressionibus, forstallarijs, regratarijs, ingrossarijs, & extortionibus, ac de omnibus & singulis alijs malefactis & offensis de quibus justiciarij pacis nostrae legitimè inquirere possunt aut debent per quoscunque et qualitercunque in Comitatu praedicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemptari contigerint, Ac etiam de omnibus illis qui in Comitatu predicto in conventiculis contra pacem nostram in perturbationem populi nostri seu vi armata ierunt vel equitaverunt seu imposterum ire vel equitare presumpserint. Ac etiam de omnibus hijs qui ibidem ad gentem nostram mayhemandam vel interficiendam in insidijs jacuerunt vel imposterum jacere presumpserint. Ac etiam de hostellarijs et alijs omnibus et singulis personis qui in abusu ponderum vel mensurarum sive in venditione victualium contra formam ordinationum vel statutorum vel eorum alicujus inde pro communi utilitate regni nostri Hiberniae et populi nostri ejusdem editorum delinquerunt vel attemptaverunt, seu imposterum delinquere vel attemptare presumpserint in Comitatu predicto. Ac etiam de quibuscunque vicecomitibus Ballivis, Seneschallis, Constabularijs, custodibus Gaolarum et alijs officiarijs qui in executione officiorum suorum circa premissa seu eorum aliqua indebite se habuerunt, aut imposterum indebite se habere presumpserint, aut tepidi remissi vel negligentes fuerunt aut imposterum fore contigerint in Comitatu predicto et de omnibus et singulis articulis circumstantijs et alijs rebus quibuscunque per quoscunque et qualitercunque in Comitatu predicto factis sive perpetratis vel quae imposterum ibidem fieri vel attemptari contigerint qualitercunque premissorum vel eorum alicujus concernentibus plenius veritatem. Et ad indictamenta quacunque sic coram vobis seu aliquibus vestrum capta sive capienda aut coram alijs nuper justiciarijs pacis in Comitatu praedicto facta sive capta, et nondum terminata inspiciendum. Ac ad processus inde versus omnes et singulos sic indictatos vel quos coram vobis imposterum indictari contigerint (preterquam de proditionibus) quousque capiantur reddant se vel utlagentur faciendum et continuandum. Et ad omnia et singula felonias, veneficia, incantationes, sortilegia, arts magicas, transgressiones, forstallarias, ingrossarias, regratarias, extortiones, Conventicula, indictamenta, predicta ceteraque omnia et singula premissa (preterquam proditiones) secundum leges et statuta regni nostri Hiberniae prout in hujusmodi casu fieri consuevit aut debuit audiendum et terminandum et ad eosdem delinquentes, et quemlibet eorum pro delictis suis per fines, redemptiones, amerciamenta, forisfacturas ac alio modo prout secundum legem et consuetudinem regni nostri Hiberniae ac formam ordinationum vel statutorum praedictorum fieri consuevit aut debuit castigandum et puniendum, ac gaclam nostram ibidem de prisonarijs in eadem pro felonia detent. et incarcerat, debito modo deliberand. Proviso semper quod si casus difficultatis vel magni momenti super determinationem aliquorum premissorum coram vobis vel aliquibus duobus, vel luribus vestrum evenire contigerit, tunc ad judiciuminde reddendum nisi in praesentia unius Iusticiariorum nostrorum de uno vel altero Banco, aut unius Baronum de Scacario nostro, aut unius de Concilio nostro in lege erudito, coram vobis, vel aliquibus duobus vel pluribus vestrum minime procedatur. Et ideo vobis et cuilibet vestrum mandamus quod circa custodiam pacis ordinationum statutorum et omnium et singulorum ceterorum premissorum diligenter intendatis, et ad certos dies et loca, quae vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ad hoc provideritis super premissis faciatis inquisitiones et promissa omnia et singula audiatis et terminetis ac ea faciatis et expleatis in forma predicta factur. inde quod ad justitiam pertinet secundum legem et consuetudinem Regni nostri Hibernia Salvis, nobis amerciamentis et alijs ad nos inde spectantibus. Mandamus enim tenore presentium vicecomiti nostro Comitatus Dublin quod ad certos dies et loca qua vos vel aliqui hujusmodi duo vel plures vestrum ut predictum est ei ut predictum est scire feceritis venire faciat coram vobis vel hujusmodi duobus vel pluribus vestrum ut dictum est tot et tales probos et legales homines de Balliva sua tam infra libertates quam extra, per quos rei veritas in premissis melius sciri poterit et inquiri. Assignavimus denique te prefat. A. Custodem rotulorum pacis nostrae in dicto Cemitatu nostro ac propterea tu ad dies et loca predicta, brevia precepta, processus et indictamenta predicta coram te et dictis socijs tuis aut aliquibus duobus vel pluribus eorum ut predictum est venire facias ut ea inspiciantur et debito fine terminentur sicut predictum est. In cujus rei testimonium, etc. These two Commissions do somewhat differ in the second Assignavimus, for by that for the County of Dublin, the justices of peace have power to hear and determine felonies, but in the other they have no power given them thereby to hear and determine of any felony, and the reason of this difference is twofold. First because, no justices of Assize and gaol delivery go into the County of Dublin. Secondly, because at the quarter Sessions of the peace there is always one or more of the judges or of the King's counsel present. Also both these Commissions do differ from the usual Commission of the peace in England in this particular, videlicet. By these Commissions, the justices of peace have power to inquire of Treason which the justices of peace in England by their Commission have not. The reason is because many offences which are common here, are by the Laws of this kingdom Treason which by the Laws in England are but felony. 33. These Commissions have two parts containing the power of the justices of peace. Stat. Winch. 13. E. 1. 2. E. 3. 6. 2. E. 3. 3. 34. The first Assignavimus, or first part of the Commission doth give power to any one justice of peace more, or all, to keep and cause to be kept the peace, and all ordinances and statutes made for the conservation of the peace and for the quiet government of the people: As namely the statutes made for Hue and Cry after felons: And the statutes made against Murderers, Robbers, Felons, Nightwalkers, Affrayers, Armour worn in terrorem. Riots, forceible Entries, and all other force and violence, All which be directly against the peace. The particulars thereof you shall find more fully hereafter and most of them under their proper titles. 35. By this first clause in the Commission, the justices of peace have aswell all the ancient power touching the peace which the Conservators of the peace had by the Common law, as also that whole authority which the statutes have since added thereto. 36. The means which the justices of peace must use for the keeping of the peace, and for the execution of these statutes, is as followeth. 37. For to prevent the breach of the peace the Iu. of P. may send his warrant for the party, and may take sufficient sureties of him by recognizance for the peace, or for the good behaviour, as the case shall require, and may send the party to the Gaol for not finding such sureties. 38. But for these statutes made for the peace, they are to be executed according to such prescript order as themselves do deliver, wherein if no power at all be expressly given to any one justice of peace alone, then can he not otherwise compel the observation thereof (as it seemeth) then by admonition only. In which behalf if he shall not be obeyed, he may prefer the cause at the Sessions and to work it to a presentment upon the statute, and so by the help of his fellow justices to hear and determine thereof as law requireth. 39 The second Assignavimus, in the Commission doth give authority to any two justices of the peace, or more, the one being of the Quorum, in these five things following. 1. To inquire, by a jury, of all offences mentioned within the Commission. 2. To take and view all judictments and presentments of the jury. 3. To grant out process against the offenders, except in cases of Treason, in the County of Dublin, and cases of Treason and felony in the other Counties, thereby to cause them to come and answer to the said judictments. 4. To try and hear all such offences (except before excepted) upon any former or future indictments taken before themselves, or before any other justices of the peace after the offenders be come in. 5. To determine thereof by giving judgement and inflicting punishment upon the offenders, according to the Laws and statutes. 40. But all the business included within the second Assignavimus, belongeth to the Sessions of the peace, which is to be declared in the second part of this book, and therefore I forbear to speak of it in this place. 41. Note also that there be divers statutes, which be not specified within the Commission, and yet are committed to the charge and care of the justices of peace, and are a sufficient warrant and Commission of themselves, although they be not recited in the Commission: And all such statutes are also to be executed, according as the same statutes themselves do severally prescribe and set down. 42. And for that most of the business and practice of the justices of peace doth consist and lie in the execution of such statutes, as are committed to their charge (whether they be specified in the Commission, or not specified there) the numbers of which statutes are exceedingly increased of late years to the overburthening of all the justices of peace (And the rather) to give some little help to such justices of peace who (being destitute of the assistance of such as are learned in the Laws) are daily to administer justice (and to execute their office at home and out of their Sessions) I have for their better case herein endeavoured (in this treatise) to set down more orderly and particularly the several parts and branches of every such statute by itself, under their proper titles, with further referments to the statutes themselves at large or to the Abridgements. 43. The power and authority of the justices of peace aswell given them by the said Commission, as by the statutes, is in some cases Ministerial or regular and limited as a Minister only; And in some other cases judicial or absolute and as a judge. 44. Ministerial, when he is thereto commanded by a higher authority. 45. As upon A supplicavit out of the Chancery or King's Bench, for the taking of surety for the peace, or good behaviour; and a Writ upon the statute of North-hampton, upon a forceible Entry. In the execution of which two Writs the justice of peace may proceed no further, or otherwise then he is authorised by such writ, and is also to return the writ, and to certify his doings therein, into the Court whence the writ came. 46. But in all other cases the power of the justices of peace is absolute (in some manner) so as they, and every of them may of their own power proceed ex officio, and as a judge; yet this their power is also limited, for they may neither hang a man for a trespass, nor fine him for a felony, but must proceed in all things according as they are prescribed by the Commission, and by the said several statutes. 47. And yet, for that all Considerable circumstances can neither be comprehended in the Commission, Discretion. nor foreseen at the time of the making of the statutes. Therefore oftentimes some things are referred to the consideration of the justices of peace, and left to be supplied by them in their discretion. 48. The Commission of the peace (in itself) doth leave little, or nothing to the discretion of the justices of peace, but doth limit them to proceed secundum leges, consuetudines, ordinationes, et statuta. 49. But by some late statutes some things are therein by special words referred to the discretion of the justices of peace, some out of Sessions, and some at their Sessions. 50. I will here only set down some particulars of such things as are referred to their discretions out of their Sessions. 1. Labourers. 23. H 6. ca 13. One justice of peace may cause all such persons as be meet to labour (by his discretion) to work in harvest and hay time. 2. Trespassers in Corn, Orchards, Hedges, or Woods, Trespass. 10. Carol. ca 23. in hib. which in the discretion of the justice, are not thought able to give satisfaction shallbe whipped. 3. Tyle. 17. E. 4. ca 4. One justice of peace may hear and determine by examination or otherwise, by his discretion, the offences committed in Tile making. 4. Two justices may assess, 10. Carol. ca 13. according to their discretions proprotionably all the parishes within the hundred, towards a contribution for the parties charged upon a Robbery etc. 5. Two, 9 H. 5. ca 8. justices may fine (by their discretion) all buyers and sellers with unlawful weights and measures. 6. There be some other statutes and some other cases wherein the discretion of the justices of peace (out of their Sessions) is tolerated. But the Counsel of Cicero herein is to be observed. Sapientis est judicis, cogitare tantum sibi esse permissum, quantum sit commissum ac creditum. 7. Also the sayings of the late reverend judge and Sage of the Law (in his fifth part in Rooks case, Co. li. 5. fo. 100 & li. 10. fo. 140. and in his tenth part in Keighleys' case) are worthy observation, sc. That discretion is a knowledge or understanding to discern between truth and falsehood, between right and wrong, between shadows and substance, between Equity and colourable glosses and pretences, and not to do according to our wills and private affections, for talis discretio discretionem confundit. And therefore in both the recited cases it was holden, that though the words in the Commission of Sewers do give authority to those Commissioners to do according to their discretions, that yet their discretion and proceed ought to be limited and bounded with the rules of reason, Law, and justice. Again, discretion (saith he) is scire per legem quid sit justum. And therefore every judge, justice, or Commissioner ought to have duos sales, viz. Salem sapientiae, ne sit insipidus. Et salem conscientiae, ne sit Diabolus. 8. And (as Master Lambert well said) no way better shall the discretion of a justice of peace appear, then if he (remembering that he is lex loquens) shall contain himself within the lists of Law, and shall not use his discretion but only where both the Law permitteth and the present case requireth. 9 In all cases therefore where the statutes do refer the Trial of offenders (or hearing and determining of offences) to the discretion of the justice or justices of peace (out of Sessions) it is very requisite that upon such trial or hearing the said justices take due examination of the offenders themselves, or of credible witnesses, (aswell concerning the fact itself, as the circumstances thereof,) and upon confession or other due proof of the offence. Then to proceed according to Law and justice. 10. Note that in all cases where the statute referreth the trial, etc. to the discretion of the justices, the said statutes themselves do also enable the said Iust. of P. to take the examination of witnesses upon oath. 11. Note further that the justices of peace out of their Sessions, are now armed with fare more ample authority and power than the ancient Conservators of the peace were. For the justices of peace have double power given them. The one of jurisdiction to convent the offenders before them by their warrant (in divers cases) to examine, hear, and determine the cause. The other of coercion, (sc. that after the cause hard) to constrain them to the obedience and observance of their order and decree, which notwithstanding must be according to the rules of Law and justice as aforesaid. Whereas the ancient conservators of the peace had no jurisdiction or authority at all either to convent the offendor before them, or to examine, hear or determine the cause, but had only coercion, prehension or punishment of an offendor, in some few cases. Plo. 37. And here I must further put the justices of peace in mind, that their authority and power is limited to be by them exercised, only within the County or Countyes where they be in Commission; And yet in that or those County or Countyes, the justices of peace of the County must not intermeddle in any City there, which is a County of itself. Nor in any City or corporate Town there (though it be no County of itself,) but within the County which have their proper justices of peace within themselves by the King's Charter or Commission, Cromp. 8. 181. especially if in such Charter there be any special words of prohibition, that the justices of the shire. (Non se intromittant, etc.) except such Country justices shall also be in Commission in such City or Town corporate. 12. But in other corporate Towns, which have not their proper justices of peace; Cromp. ib. As also in all liberties and Franchises within the County, which have the return of writs, but have not their proper justices, there the justices of peace of the County ought to execute their authority, and that by the words of their Commission. 13. Again, if a parish shall extend into two or more Counties. Or if part thereof shall lie within the liberties of any City, or Town corporate (which have their proper justices) and part without. Then aswell the justices of peace of every County as also the justices, or officers of such City or Town corporate shall intermeddle only within their own proper and distinct limits & bounds, sc. within so much of the said parish, Co. 4. 46. etc. as lieth within their several liberties and limits, and not to invade or deal in other jurisdictions, for it shall be against Law & reason where offices and jurisdictions are several, that the one should intermeddle within the jurisdiction of the other. 14. Neither shall any justice of peace deal in, or punish any trespass, Vbi quis delinquet ibi puniet. or other like offence, committed in any other County (against any penal statute) though such offendor shallbe brought before him; Except the statute shall specially enable them thereto, or that it be for matters of the peace, or in cases of felony or Treason; in which cases only he may take examinations both of the offendor and accusers, and commit the offenders to prison, and security for the peace if it be offered. 15. Neither shall any justice of peace for the time that he shall make his abode or be out of the County where he is in Commission, exercise his office: For being out of the County where he is in Commission, he is but a private man. 16. Now my purpose is to set down more particularly what things justices of peace out of their Sessions of the peace may do in the execution of their Commission, or of the statutes wherewith they are charged. And herein you must observe that some things are permitted to be executed by any one, two, or more justices, either in regard that such justice or justices is or are next to the place, or are of the Quorum, or the like. 17. And here note that whatsoever any one justice of peace alone may do (either for the keeping of the peace, or in other execution of the Commission or statutes) the same also may lawfully be done and performed by any two, or more justices. 18. But where the Law giveth authority to Two, Co. li. 4. fo. 46. there one alone cannot execute this, for una persona non potest supplere vicem duarum. Et plus vident Oculi quam oculus. 19 Also when things by statute are appropriated to some one certain justice, or to more, Co. li. 11. fo. 92. there such justice or justices are to pursue such their authority accordingly, for where an authority is given to four, or to one of them, if two of them shall execute this, it seemeth they have not pursued their authority. 20. Plo. fo. 206. 6. Besides there seemeth a general rule to be put in straddlings case (in M. Plo.) that when a thing is appointed by any statute to be done by, or before one person, See. Co. li. 11. fo. 59 & 64. certain that such thing cannot be done by or before any other. But that it ought to be done as the statute hath appointed, and by such express designation of one, or power given to one certain person, all others are excluded. 21. And in such things appropriate to some one or more justices of peace, if without such justice or justices, all (or any of) the residue of the justices of that County shall intermeddle therein. Such their doings is no ways warrantable, and in such their proceed there is no necessity to obey them, as being no lawful judges of the cause. 22. Now having made a brief declaration of the office of justices of the peace in general by way of Introduction I shall proceed to the particulars of their employment in several Titles according to the Alphabet. Affray. CHAP. 1. 1. AFfray, is derived of the French-word Effrayer, which signifieth to terrify, or bring fear, and which the Law understandeth to be a common wrong, and therefore I will show you what every man may do in such cases. Every private man. 2. Every private man being present before, or in and during the time of an Affray, aught to stay the Affrayors, and to part them, and to put them in sunder, but may not hurt them, if they resist him, for that he is but a private man. 3. An Affray being in the street, if any other shall come with harness or weapon to join with either part, every person present, or that seethe it, may stay them till the Affray be over. 4. Also every private man (being present) may stay the Affrayors, until their heat be over, and then may deliver them to the Constable to imprison them till they find surety for the peace. 3. H. 7. cap. 1. Br. Coron. 225. 5. If any person be dangerously hurt in any Affray, or otherwise, every person may arrest the offendor, and carry him to a justice of peace (who is either to bail him, until the next gaol delivery, or to commit him to the gaol, until it be known whether the party hurt; will live or dye thereon.) 6. The Constable The Constable. in such cases is armed with a more large authority, for he may and aught in the King's name to command the Affrayors, or such as are about to make an Affray, to avoid or surcease, and to departed; And if the Constable (being present at an Affray) doth not his best to part them, it being presented at the Sessions of the peace, such Constable shall be deeply fined for it. 3. H. 7. 10. 7. If the Affrayors will not departed, but shall draw weapon, or give any blow, the Constable may command of assistance of others for the pacifying of the Affray, and may justify the hurting of them, if they make resistance. 8. The Constable may in the King's name command the Affrayors to keep the King's peace. 9 The Constables may commit the Affrayors to prison for a small time, till their heat be over; yea they may imprison the Affrayors till they find sureties for the peace, And if any of the parties hath received any dangerous hurt in the Affray, the Constable ought to arrest and carry the offendor to the gaol (or to a justice of peace) to the end he may find surety to appear at the next gaol delivery, and the Constable may justify the beating of such an offendor, 8. Ed. 3. 8. & 11. if he will not obey the arrest, but make resistance, or flieth. 10. Note, that it is properly no Affray, unless there be some weapons drawn, or some stroke given, or offered to be given, or other attempt to such purpose. For if men shall contend only in hot words, this is no Affray; neither may the Constable for words only lay hands upon them, unless they shall threaten to kill, beat, or hurt one another, and then may the Constable arrest such persons (to go before some justice of peace, to find sureties for the keeping of the peace) and yet such threatening is no Affray. 11. If the Affray be in an house, and the doors shut, the Constable may break into the house to see the peace kept, because he by his office is a Conservator of the peace by the common Law. 12. If the Affrayors fly into another man's house, 7. Ed. 3. 19 the Constable (in fresh suit) may break into the house and apprehend the Affrayors. 7. Ed. 3. 19 13. If the Affrayors fly into another County, the Constable (or justice of Peace) seeing this, may in fresh suit pursue, Plo. 37. A. crumb. 146. B. & 172. b. or cause them to be pursued, and to be taken there, but they can then meddle no further but (as every private person may do) to carry them before some justice of peace of the County where they are taken, to cause them to find surety for the peace. 14. Cromp. 1. 46. But if the Affrayors fly into a Franchise within the same County, the Constable (or justice of peace) seeing this, may in fresh suit pursue and take them out of such Franchise. 15. After the Affray (it seemeth) the Constable without a warrant cannot arrest the Affrayors, F. Imp. 6. except some person be in peril of death by some hurt there received. 16. Every justice of peace may do that, which every Constable or private man may do by the common Law. 17. 9 Ed. 4. 3. Cromp. 195. 196. Besides every justice of peace (within his limits) may presently after the Affray, commit the offenders, until they have found surety for the peace, if the Affray were in his presence. And if the Affray were not in his presence then upon Complaint or upon his own discretion, he may after make his warrant to take and commit such offenders, until they have found surety for the peace. 18. If an Affray be made in the presence of a justice of peace, he may lay hands upon, and arrest the offenders, to find sureties, etc. and may take away their weapons. 19 Every justice of peace (in his own discretion) and ex officio, The justice. may bind all such to the peace as in his presence shall strike another, or shall threaten to hurt another, or shall contend only in hot words. vide tit. Surety for the peace. 20. If any person be dangerously hurt, F Iust. P 137. 10. H. 7. 20. Cromp. 154. in an Affray (or otherwise) every justice of peace within the year and day after such hurt, may commit to the gaol such offenders, there to remain until the day and year be expired, or that the said offenders shall find sureties to appear at the next general gaol delivery to answer to the felony, if the party hurt happen to die within the year after the hurt. 21. If an Affray, or assault shallbe made upon a justice of peace, 5. H. 7. 6. or Constable, they may not only defend themselves, but may also apprehend, and commit the offenders, until they have found sureties for the peace, the justice of peace may send them to the gaol, but the Constable must commit them to the Stocks for the present, and after carry them before a justice of peace. Armour. CHAP. 2. One justice. 1. IF any person shall ride, or go armed offensively before the justices or any other the King's officers, 2. E. 3. cap. 3. P. 1. 20. R. 2. ca 1. Or in Fairs, Markets, or elsewhere (by night or by day) in Affray of the King's people (the Sheriff and other the King's officers, and every justice of peace (upon his own view or upon complaint thereof) may cause them to be stayed and arrested, and may bind all such to the peace or good behaviour, or for want of sureties, may commit them to the Gaol; And the said justice of peace (as also every Constable) may seize and take away their armour, and other weapons, and shall cause them to be praised and answered to the King as forfeited, Lamb. office of a Constable. 13. and this the justice of peace may do by the first Assignavimus in the Commission. 2. So of such as shall carry any Guns, Dags, or Pistols that be charged, or that shall go apparelled with privy Coats, or doublets, the justice may cause them to find sureties for the peace, and may take away such weapons. 3. And yet the King's servants in his presence, and Sheriffs and their officers, and other the King's Ministers, and such as be in their company assisting them, in executing the King's process, or otherwise in executing of their office, and all others in pursuing Hue and Cry where any Treason, Felony, or other like offences against the peace, be done, may lawfully bear armour or weapons. 4. Also any justice of peace may command that weapons be taken from such prisoners as at any time shall be brought before him. 5. Also if any servant to husbandry, or to any Artificer, or victualler, or any Labourer, shall bear any Buckler, Sword or Dagger, (except they be travelling with their Master, or in their Master's message.) Every justice of peace may imprison them, till they have found sureties for the peace, 12. R. 2. 6. P. 2. and may seize and take away their said weapons, or may cause the Constable to seize the same, and to present the said weapons at the next Sessions of the peace. Arrest and imprisonment by what warrant, and how, and in what manner it may be executed. CHAP. 3. What. 1. AN arrest is the apprehending, and first restraining of a man's person, depriving it of his own will and liberty, and may be called the beginning of Imprisonment. 2. Imprisonment is where a man is arrested against his will, and is restrained of his liberty, by putting him into the Gaol, cage, or Stocks, or into some house, or otherwise by keeping him in the high street, or open field, so as he cannot freely go at liberty, when and whither he would. 3. By Parol. Now concerning the precepts and warrants made by the justices of peace. 4. The justice of peace (seeing that he is a judge of Record) his precept or Commandment by word of mouth, in some cases is as strong as his precept in writing. 5. And therefore the justice of peace upon a Riot done in his presence, may command the Riotters to be arrested, and cause them to find sureties for their good behaviour. 6. So upon an Affray, assault, threatening, or other breach of the peace done in his presence, the justice of peace may command by word the Officer being present, or his own servant to arrest such offenders, to find sureties for the peace. 7. And where the justice of peace commandeth one being present, to arrest another that is also in his presence, 14. H. 7. 8, 9 though that commandment be by word only, it is good, and it is reputed as an arrest made by the justice himself, he being present when the arrest is made. 8. But the justice of peace cannot command by word, 14. H. 7. 8. to arrest another being out of his present, neither may one in the absence of the justice arrest another upon his command by paroll, Br. peace. 7. but it must be by a precept, or warrant in writing. 9 Next the warrant or precept of a justice of peace by writing By writing. aught to be under his hand and seal, or under his hand at least. 10. And if it be for the peace or good behaviour, or the like, where sureties are to be found or required, There the warrant ought to contain the special cause and matter whereupon it is granted, to the intent that the party upon whom it is to be served, may provide his sureties ready and take them with him to the Iu. of peace to be bound for him. But if the warrant be for Treason, murder or felony, or other capital offence, or for great conspiracies, rebellions, assemblies, or the like, it needs not contain any special cause, but there the warrant of the Iu. of peace may be to bring the party before him to make answer to such things or matters generally as shallbe objected against him, on the King's Majesty's behalf, Cromp. 148. and this is now the common usage. 11. Plo. 37. A justice of peace who is dwelling out of the County granteth his warrant to be served within the County, the officer cannot carry the party out of the County to the justice of peace who made the warrant, but must carry him before some other Iu. within the County. 12. Br. Peace. ●. Co. 5. 59 The justice of peace may make his warrant of the peace to bring the party before himself, and then the officer need not to carry the party before any other justice, And yet upon a warrant for the peace granted ex officio, the usual manner is otherwise. 13. Also the justice of peace may in some cases make his warrant to attach the offendor to be at the next Sessions of the peace, there to answer his said offence. For what cause. 14. A justice of peace (ex officio) by the the first Assignavimus in the Commission, may grant his warrant to arrest or attach one that hath broken the peace, or committed other misdemeanour against the peace, to find sureties for the peace or good behaviour. 15. Also the justices of peace in divers cases (as the case shall require) do use to grant their warrant against a man for his neglect, or other default, as for refusing to pay Country or Town Rates and the like, and is warranted by the first Assignavimus of the Commission, for it is pro bono regimine. 16. And such warrant may be either to attach the offendor to be at the next Sessions, there to answer etc. or else to bring the offendor before the said Iu. or any other justice, etc. who finding cause, may bind such an offendor to appear at the next Sessions, to answer the said default. 17. Also wheresoever any statute doth give authority to the justices of peace to cause another person to do a thing, there it seemeth, they have power given them (of congruity) to grant their warrant to bring such person before them, that so they may take order therein. 18. Also a justice of peace may grant his warrant to attach persons suspected of felony or Treason, and that by the first Assignavimus, in the Commission, and by the true construction of the statute of 5. Ed. 3. 14. 19 Again, if a felony or Treason be committed, there is no doubt but that every private man without a warrant may arrest whomsoever he suspecteth of it, being a man of evil fame, etc. But if the offendor being pursued shall resist, who shallbe aiding to a private man whose goods are stolen, and who suspecteth another to have stolen them, either to search for his goods or to apprehend the party suspected, if the justice of peace by this warrant shall not command the Constable to aid him therein. If it be objected that the Constable may do all this of his own authority (upon request to him made by the party rob) it is true, and yet we find by common experience that the Constables wihout the justices warrant therein, are for the most part, both very fearful and also remiss, as neither knowing their own authority, nor the danger. 20. Besides, his is no new thing, for there is such a precedent in the old book of justices of peace (impress. 1561. F. 41. a.) and it is the Common practice at this day, and seemeth to be very serviceable. Crom. 197. 21. Next for the justices of peace to bind over, or to grant a warrant against offenders upon any penal statute, to appear at the Sessions, to answer to their offence or fault, though such statute be within the power of the justices of peace, yet such warrant or binding over of such offenders is not warranted, unless it be specially so appointed in the statute. 22. But such offenders ought first to be indicted, and thereupon the ordinary process from the Sessions to be issued by the Clerk of the peace, is to be awarded against them, until they come in. 23. Crom. 238. And yet there be sundry precedents of Attachments made from one justice of peace against labourers and servants, that shall refuse to serve, or that shall departed out of their service etc. contrary to the statutes, to be before the justices at then Sessions, to answer to their said defaults. Rast. 232. D. But these seem also to be warranted and so appointed by the statutes of Laborers made in anno 23. Ed. 3. Anno. 25. lid. 3. ca 6. and other statutes to that purpose. 24. To whom directed. 14. H. 8. 16. B. peace. 6. The justice of peace may direct his precept or warrant to the Sheriff, Bailiff, Constable or other officer, or to any other indifferent person by name, though he be no officer, yea to any person that he shall think meet, but yet the safest way is to direct it to the Constables, or to some other sworn officers. 25. A warrant directed by the Iu. of peace to the Constable or other sworn officer, and to a stranger who is no officer, Cromp. 147. and the warrant is made conjunctim et divisim and is delivered to the stranger who executeth it, all this is good. 26. A warrant directed by the Iu. of P. to the Sheriff, he may by word command his undersheriff, Bailiff, or other sworn officer to serve it, without any precept by writing. 27. But if the Sheriff will command another man (that is no such known officer) to serve it, he must deliver him a precept in writing, otherwise a writ of false imprisonment will lie for the arrest. 28. A warrant directed by the Iu. of P. to the Sheriffs, Baliffe, or to the Constable, or to the Iu. servant, or to an estranger, to arrest one etc. such person to whom that warrant is made, must serve it himself, for these can command none other to do it neither by word nor writing, nor make any deputy. 29. The officer to whom any warrant shallbe directed and delivered, The officers duty. ought withal speed and secrecy to seek and find out the party, and then to execute his said warrant. 30. A sworn and known officer, be he Sheriff, 8. E. 4. 1. 4. 14. H. 7. 9 b. 20. H. 7. 11. 21. H. 7. 24. Co. 9 69. undersheriff Bailiff, or Constable etc. needs not to show his warrant to a man when he cometh to serve it upon him, although he demandeth it, But if the justice will direct his warrant to his servant, or to another (who is no sworn officer) to serve it, they must show their warrant to the party, if he demand it, or otherwise the party may make resistance, and need not to obey it. 31. But a known and sworn officer, Co. 6. 54. & 96. 8. if he will not show his warrant to the party, yet he ought, upon the arrest, to declare the contents of his warrant etc. Co. 9 69. 32. And an officer giveth sufficient notice what he, is when he saith to the party, I arrest you in the King's name, etc. And in such case the party at his peril ought to obey him, though he knoweth him not to be an officer, And if he have no lawful warrant, the party grieved may have his action of false imprisonment against him. Dyer 224. F. Bar. 248. 33. If an officer do arrest a man for the peace, or the like, before that he hath any warrant, and then afterwards doth procure a warrant (or a warrant cometh after to him) to arrest the party for the same cause, yet the first arrest was wrongful, and the officer is subject to an action of false imprisonment. 34. Where they be two or three known by the name of I. S. of D. yeoman and upon a warrant or other process granted out against one of them, another of them is arrested, an action of false imprisonment will not lie against the officer for this, for the officer is not bound at his peril, to take notice which of them is the offendor, And perhaps no particular offence is mentioned in the warrant. 35. Where a warrant is granted out against I. N. the son of W. N. and the officer thereupon arresteth. 10. E. 4. 12. I. N. the son of T. N. although in truth he be the same person that offended, and against whom the complaint was made, yet this arrest is tortuous, and the Officer subject to an Action of false imprisonment. 36. The officer upon any warrant from a justice of peace for the peace, or good behaviour, or in any other case where the King is a party, may by force break open a man's house, to arrest the offendor. 37. If an officer or other person hath arrested a man by virtue of his warrant, which he hath from a Iu. of peace, and then taketh his promise that he will come again to him such a day to go to the Iu. with him according to his warrant (and so letteth the party go) who comes not again at the day appointed, co. 1. 44. 52. the officer cannot after arrest or take him again by force of his former warrant, for that this was by the consent of the officer, But if the party arrested had escaped of his own wrong without the consent of the officer, now upon fresh suit the officer may take him again, although he were out of view, or that he shall fly into another Town or County. 38. Where an officer hath received a warrant, he is bound to pursue the effect of his warrant in every behalf, or otherwise his warrant will not excuse him of that which he hath done. 21. H. 7. 39 39 If an officer having a lawful warrant to arrest another shallbe resisted, or assaulted by the party, or by any other person, then may that officer justify the beating or hurting of such persons, and others, upon his prayer, may and aught to aid the Officer. ●4. H. 8. 16. 40. If a justice of peace shall make any warrant for a matter wherein he hath jurisdiction, although it be beyond his authority, yet it is not disputable by the Constable, or other such officer, but must be obeyed and executed by the Officer. As if the Iu. of peace shall make his warrant to arrest one for the peace, or good behaviour without cause, the officer shall not be punished for executing this. Co. 10. 67. But if a Iu. of P. shall make his warrant to do a thing out of his jurisdiction, or in a cause whereof the justice of peace is no judge, if the officer shall execute such a warrant, here he is punishable, for the officer is not bound to obey him who is not judge of the cause, no more than a mere stranger. And so note that the officer is bound to take notice of the authority and jurisdiction of the judge. 22. Ass. 64. Plo. 394. b. 41. If any man shall abuse the Iu. of peace his warrant as by casting of it into the dirt, or treading it under his feet, he may be bound to his good behaviour and may also be indicted and fined, for it is the King's process. 42. When any person cometh before the Iu. of peace by force of any warrant for the peace, good behaviour, or for a Riot, or the like, the party must offer sureties, or else the Iu. may commit him. 43. If a justice of peace shall grant his warrant, to one to apprehend another for Treason or felony, it shallbe safe for the justice upon the delivery of his said warrant, to take (upon oath) the examination of the said party that requireth the warrant, or at least, to bind him over by recognizance to give Evidence at the next gaol delivery against the offendor, lest that afterwards when the offendor shallbe brought, by the officer, before the Iu. upon his said warrant, or else happen to yield himself to the said justice, than the party that procured the warrant be gone. 44. If the Constable or other officer (upon a warrant received from a Iu. of peace) shall come unto the party, and require, or charge, or command him to go or come before the Iu. this is no arrest or imprisonment, and upon a warrant for the P. the officer ought first to require the party to go before the Iu. before he may arrest him. 45. But this arrest (being in execution of the commandment of some Court or some officer of justice) is expressed in their writs, precepts, or warrants, by these words, or the like, sc. Capias, Attachias, etc. to attach, arrest, take, bring, or convey, or cause to be attached, arrested, etc. All which words do imply the taking, and laying hold of the person. 46. What persons. To this arrest all lay persons (under the degree of Barons or peers of the Realm) be subject, and that by warrant from the justices of peace, as you may see here, tit. Surety for the peace. 47. But the Iu. of P. are not to grant their warrants for the peace or the like against any noble man: And yet if a capias, or attachment shallbe awarded against a Baron or Peer of the Realm from the K. justices at Dublin for a contempt, or in case, of debt or trespass, the officer without any offence of Law, may execute the same, for that the officer is not to dispute the authority of the Court. 48. Ecclesiastical persons also may be arrested and that by warrant from the justices of peace in some cases, see more hereof in the Title. Surety for the peace. A woman covert, may be imprisoned by the Iu. of P. for a force or Riot committed by her. 49. But otherwise of young Infants in such cases, yet if an Infant of years of discretion cannot find sureties for the peace, being demanded against him, he shallbe committed until he hath found sureties. 50. The liberty of a man is a thing specially favoured by the common Law of this land, and therefore if any of the K. subjects shall imprison another without sufficient warrant, the party grieved may have his Action of false imprisonment, and shall recover damages against the other, And the King also shall have a Fine of him: For imprisonment of another without authority of the Law. 51. Also by the statute of Magna Charta made 9 H. 3. ca 29. No freeman shallbe taken or imprisoned etc. but by the lawful judgement of his equals (sc. by the verdict of a jury of 12. P. Accusat. 1. 5. E. 3. ca 9 good and lawful men) or by the Law of the realm: Co. 10. 74. & 75. And by this statute of Magna Charta, Every arrest or imprisonment and every oppression against the Law of the land is forbidden, and if any judge, Officer, or other person against the Law shall usurp any jurisdiction, and by colour thereof shall arrest, imprison or oppress any man, it is punishable by this statute. See Co. 10. 75. 52. Note that all jurisdictions ought to be either by Charter or by prescription, Co. 11. 99 42. Ass. p. 5. 53. Also by the statutes of 25. Ed. 3. cap. 4. & 42. Ed. 3. cap. 3. No person shallbe taken, nor put to answer, unless it be by indictment or presentment (of a jury) before justices, or matter of record, or by due process made by writ original at the common Law, 42. Ass. 5. 42. Ass. p. 5. 54. A Commission to arrest or take a man (and his goods) was holden to be against Law, for that this aught to be either upon indictment, or suit of the party or other due process of Law. Br. Commiss. 15. 16. & Faux Impris. 9 55. Neither shall any man commit another to prison, except he he be a judge of Record. Co. 10. 103. See Co. 3. 12. A. 56. And yet for misdemeanours done against the King's peace the offenders aswell by the common Law, as by divers statutes, may be arrested and imprisoned, by the officers of justice, and sometimes by private persons (as hereunder followeth) without either presentment or process etc. And these being by the Law of the realm, are warranted by the aforesaid statute of Magna Charta, 10. E. 4. 17. As every private man may arrest another whom he knoweth to have committed a Treason, robbery, manslaughter, or other felony, and may deliver him to the Constable of the Town where such an offendor is apprehended, 9 E. 4. 28. Or in the Constable's absence may imprison and set him in the stocks, and if there be no stocks there, it seemeth he may carry the offendor to the next Town and deliver him to the Constable there, Vide 9 E. 4. 28. or bring him before a justice of peace to be by him committed and examined. 57 Also when a Treason or felony is committed, every man may arrest suspicious persons that be of evil fame, and if such person shall make resistance, the other may justify to beat him. 58. But for the arresting of such suspicious persons, note that there must be some Treason or felony committed indeed. 59 Also the party that shall arrest such suspected person must have a suspicion of him himself, and for the same Treason or felony, 9 Ed. 4. 28. or otherwise suspicion generally is no cause to arrest another. 60. So that when any Treason or felony is done, every man that shall suspect another to be guilty thereof may arrest him, 5. H. 7. 4. 5. H. 7. 4. B. Br. Faux. Imprisonment 16. 61. Also when a felony is committed, the common voice and fame that I.S. did the felony, is sufficient cause for any man to suspect him, 5. H. 7. 4. and to arrest him. Also Hue and Cry after I. S. for felony, seemeth to be sufficient cause to arrest him, though there be no felony committed: Also Hue and Cry is sufficient cause to arrest any suspicious person. 62. So when a felony is done, to be in company of the offenders, is sufficient cause to arrest him. 9 Ed. 4. 28. Nedham. So to live idly and vagrant is good cause of suspicion, Also every man may arrest such as apparently go about to commit any felony, and may imprison them. 63. Also upon Hue and Cry for goods stolen (sc. for a horse or Bullocks, etc. of such a colour, etc. 29. Ed. 3. 39 5. H. 7. 4. ) If A. be taken driving or leading such a horse, or bullock, or having such other stolen goods about him, though he be a man of good name and credit, yet every man may apprehend and stay A. hereupon, and may deliver him to the Constables by them to be set in the stocks, or safely kept, until they can carry him before a justice of peace, that so he may be delivered by course of Law. 64. If any man shall be dangerously hurt in an Affray, 10. H. 7. 28. or otherwise, every man may arrest and imprison the offendor. 65. Nightwalkers, being strangers, or suspected persons, watchmen may arrest them, and may stay them till the morning; yea every man may arrest such Nightwalkers, for it is for the good of the Commonwealth, 4. H. 7. 18. Br. Faux Imprisonment 15. 66. The Sheriff, Bailiffs, Constables, and other the King's officers may arrest and imprison offenders, By officers. in all cases where a private person may, and without any writ or warrant. 67. A Constable being informed of a lewd man and woman that are together in incontinency, 1. H. 7. 7. 13. H. 7. 10. may take with him so many of his neighbours as he will, to arrest the said man and woman, to find sureties for their good behaviour. 1. H. 7. 7. 13. H. 7. 16. 68 The justice of peace may arrest and imprison offenders in all cases, where a private person, or Constable may. 69. The Iu. of P. upon his own motion and discretion, or upon complaint, may also grant out his warrant, for the arresting or conventing before him, of all such persons as shall break, or go about to break the peace, or as he shall suspect to be inclined to break the peace, and may commit them to prison, if they shall refuse to find, or cannot find sureties for to keep the peace. 70. The Iu. of peace, in divers cases, may in like sort grant out his warrant, for the good behaviour, against offenders, and commi● them to prison, for not finding sureties accordingly. 71. And these things the Iu. of peace may do by force of the Commission and of the statutes 18. E. 3. ca 2. et 34. Ed. 3. cap. 1. 72. If one cometh before the justice of peace upon his warrant for the peace, good behaviour, or for a Riot, or the like, the justice needeth not to demand surety of him, but may commit him, if he do not offer it Br. peace 7. 73. Also the justices of peace upon their own view of the offences may imprison the offenders against divers penal Laws, as namely such as shall make any forceible Entries or holdings of possessions. 74. There be divers other offences which by the statutes are committed to the Iu. of peace (out of their Sessions) to hear and determine, And of which the offenders shallbe convicted sometimes upon their own confession, before the Iu. and sometimes upon examination and proof of witnesses, In all which cases the said justices of peace may convent the said offenders before them (by their process or warrant) and after such examination and conviction they may Imprison or otherwise punish the offenders according as they are limited by the said statutes. 75. Wheresoever the Iu. of peace hath power or authority given him by any statute to bind over any man or to cause a man to do any thing, if such person (being in his presence) shall refuse to be bound, or to do such thing, such justice may send such person to the Gaol, there to remain, till he shall perform the same. 76. All men being required aught to assist the K. officers, to pursue and arrest Traitors, Felons, and all other offenders against the peace. Resist. 2. E. 4. 6. 21. H. 7. 39 77. If the party against whom any lawful warrant is granted shall make resistance, or shall make an assault upon the officer, the officer may justify the beating and hurting of him, and may also imprison him in the Stocks for the same. But if the party resisteth or flieth before he be arrested, the officer cannot justify the beating of him. 2. Ed. 4. 7. a. Br. Trespass. 296. Imprisonment the place. 5. H. 4. 10. P. Prison. 1. 78. None shallbe imprisoned by any Iu. of peace, but only in the Common gaol, by the statute of 5. H. 4. And therefore justices of peace cannot commit felons to any prisons which be no common gaoles, nor make a gaol of their own houses. And yet justices of peace may commit to the stocks some offenders against certain penal statutes. 20. Ed. 4. 6. 22. Ed 4. 35. 3. H. 4. 9 79. The Constable or other such officer cannot imprison any man in his house (as it seemeth) but in the Stocks, and that not above such a reasonable time, as he may provide conveniently and safely to convey the prisoner to the Iust. of peace or to the gaol. 80. If a man commit felony or Treason in one County, and be arrested for the same in another County, although he cannot be tried nor indicted in the County where he was apprehended, yet he shallbe there imprisoned until by the justices of Assize or the justices of the King's Bench, he shallbe sent to the gaol of the County where the fact was committed. 81. The Constable or other officer pursuing a fellow into another County takes him there, 13. E. 4. 8. the fellow shall be brought before a justice of peace of that County, and by him committed to the gaol of the County, where he is taken. For the officer being out of his County hath no more authority there, than a private man. 82. Also if the Constable, or other officer, shall see an Affray and he coming to arrest them, the Affrayors do fly into another County, the officer (as every other private person) may pursue them into the other County and may stay or arrest them there, but the officer cannot bring them out of that County, but must carry the Affrayors before some Iu. of peace of the same County where they were taken etc. But if the Affray be in one Town, and the Affrayors do fly into a franchise or liberty within the same County, the officer may pursue them, and take them out of the Franchise by fresh suit. 83. See 2. E. 4. C. Br. Tres. 296. But if the Constable hath arrested one upon a warrant from a justice of peace, and after the arrest, the party escapeth (of his own wrong) and flieth into another County the Constable may pursue and take him in the other County by fresh suit, and bring him before the Iu. of peace, upon whose warrant he was first arrested. 84. If a prisoner that is taken in execution shall make an escape of his own wrong, and shall fly out of sight, and into another County where the Sheriff hath no power, yet the Sheriff, etc. upon fresh suit may take him again in any other County, and he shallbe still said to be in execution yea without fresh suit the Sheriff etc. may take him again and keep him, until he hath agreed with him, otherwise if the escape were by the consent of the Sheriff etc. Co. 3. 58. Br. escape. 4. 12. 85. And if a man be arrested for Treason or felony, and the Constable shall carry him to the Gaol and the Gaoler will not receive him, 10. H. 4. 7. the Constable must bring him back to the Town where he was taken, And that Town shall be charged with the keeping of him, until the next gaol delivery, by the opinion of the book 10. H. 4. Or the Constable or other party, that arrested him, may in such case keep the prisoner in his own house, as it seemeth. See. 11. Ed. 4. Br. Faux. Impris. 25. But the usual and best course is to bring him before a justice of peace and to have his mittimus, and then the Gaoler may not refuse him. P. Prison. ●. But the Gaoler denying to receive a fellow by the delivery of any Constable or Towneship, 4. E. 3. ca 10. or taking any thing, for receiving such, shallbe punished for the same by the justices of gaol delivery. When a statute doth appoint imprisonment, but limits no time when the offendor shallbe imprisoned, The time. than he is to be imprisoned presently, Co. 8. 119. Plo. 17. b. as in case of a force the Iu. of P. upon view hereof aught to commit the offenders presently. 86. Also when a statute doth appoint imprisonment, but limits no time how long, Cromp. 171. there the prisoner must remain at the discretion of the Court. 87. Where a statute doth ordain that an offendor shallbe imprisoned at the K. pleasure, or that a prisoner shall not be delivered without the King's special commandment, and that upon a Fine to be made to the King, the justices before whom the record is, may assess the same Fine and deliver him. 18. H. 8. 1. & Fitz. Na. Br. fol. 190. f. The manner. 88 Now for the manner of imprisonment generally in all cases where a man is committed to prison, be it for Treason, felony, or upon an execution, or but for a Trespass or other offence, every Gaoler ought to keep such his prisoner, Co. 8. 100 & 9 87. In salva & arcta Custodia; Salva. sc. that he ought to be imprisoned so surely as that he cannot escape; Arcta, in respect that he ought to be kept close without conference with others for intelligence of things abroad. And therefore if the Gaoler shall licence his prisoner to go abroad for a time and then to come again, Or to go abroad with a keeper, though he come again, yet these are escapes, And if the prisoner were in for Treason or felony, 1. P. ●. ca 12. 7. H. 4. ca 4. this is fineable in the Gaoler at the least, if it be not felony or Treason, And if the prisoner were in upon an execution, this is so penal to the officer, as that he shallbe charged for the debt, And if the prisoner were in but for a Trespass, yet the officer is fineable, for imprisonment was ordained for a punishment of offenders, and in terror of all others, poena ad paucos metus ad omnes perveniat. Also by the Law, those which are in execution ought not to go at liberty within the prison, Dyer 249. Co. 3. 44. nor abroad with their keeper. 24. H. 8. much less in cases of felony or of higher offences. Co. ib. P. Accountant. 2. 89. Also by the statute of Westminster. 2. ca 11. Accomptants and such as are in execution, the Sheriff, or gaoler may put Irons or fetters upon them, And yet if the Gaoler shall imprison a man so straight, by putting him in the Stocks, or putting more Irons upon him then is needful, Fitz. 93. b. or keepeth his victual f●om him, whereby the prisoner becometh decrepit, lamed or otherwise diseased, he shall have an Action of the case against the Gaoler, Also the Constable or other such officer that shall imprison in the Stocks any offendor for felony or suspicion thereof, may lock the stocks, and if need be may also put Irons upon him as it seemeth. And when he convayeth him to the gaol, or to the justice, he may pinyon him or otherwise make him sure so that he cannot escape. 90. It seemeth by Britton fol. 17. that by the common Law (before the statute of Westm. 2.) None should have Irons put on them, but such offenders as were taken for felony or trepassers in parks, But the words of the statute of Westm. 2. ca 11. are general, quod carceri manucipientur in ferris, which word carceri seemeth to signify any persons imprisoned for any cause (or any persons worthy of the, prison) and is not to be restrained to Accomptants only, See Coke. 3. 44. 91. Where the Iu. of peace, Sheriff, or other Officer, Posse Comitatus. is enabled to take the power of the County, it seemeth they may command and aught to have the aid and attendance of all Knights, Gentlemen, Yeomen, Husbandmen, Labourers, Tradesmen, Servants and apprentices, and of all other such persons, being above the age of 15. years, and that are able to travel. 92. But women, Ecclesiastical persons, and such as be decrepit or diseased of any continual infirmity shall not be compelled to attend them. 93. And in such cases, it is referred to the discretion of the justices of peace (or Sheriff etc.) what number they will have to attend upon them, and how and after what manner they shallbe armed, weaponed, or otherwise furnished. But it is not justifieable for the Iu. of Peace, Sheriff, or other officer to assemble Posse Comitatus or raise a power or assembly of people (upon their own heads) without just cause, and therefore it is to be considered upon what occasion a justice of peace or other officer may to his assistance take posse Comitatus. 94. Any justice of peace or Sheriff may take of that County where he is a justice, or Sheriff, any number that they shall think meet, to pursue, apprehend, arrest and imprison Traitors, Murderers, Robbers and other felons or such as do break or go about to break or disturb the King's peace in any outrageous manner, and every man being required, aught to assist and aid them. 95. The Iust. of P. and the Sheriff or undersheriff, may take Posse comitatus, for the suppressing of Riots, and all sorts of persons (being able and required) ought to assist them therein. 96. 14. H. 7. 8. Yea any one justice of peace may take the power and aid of the County to suppress Riottets and needs not to tarry for the coming of another Iust. or of the Sheriff. 97. Also in cases of forceible entry, any justices of peace may take Posse comitatus, to remove such persons as by his view, or by Inquisition taken before him, shallbe found to have made any forceible entry (into other men's possessions) or to detain them with force. 98. The Sheriff or undersheriff, or Bailiff etc. if need be, may by the common Law take the power of the County (what number they shall think good) to execute the K. process or writ, 3. H. 7. 1. 10. Co. 5. 115. Br. Fine. p. 37. be it a writ of execution, Replevin, Estreperment, Capias, or other writ, it being the King's commandment, Br. Riots. 2. 3. See the stat. Westminst. 1. 17. Westminst. 2. 39 And such as shall not assist them therein being required shall pay a Fine to the King. 3. H. 7. 1. Br. Trespass 266. The Sheriff's Bailiff, to execute a Replevin, took with him three hundred men armed (modo guerino) sc. with Brigandines, jacks, and Guns, and it was holden lawful, for the Sheriff's officer hath power to take assistance, aswell as the Sheriff himself, for that all is one office, and one Authority. 99 A man demands the P. in Chancery against a great Lord, and hath a Supplicavit directed to the Sheriff, there if need shall be, the Sheriff may take his Posse comitatus to aid him to arrest such a Lord. So it seemeth if a Supplicavit be directed to a justice of peace, the justice of peace, or the officer to whom the justice of peace shall make his warrant in this behalf (upon resistance made) may, if need be, take Posse Comitatus to aid him to arrest the party: Quia quando aliquid mandatur, mandatur & omne per quod pervenitur ad illud, Co. 5. 115. 100 But besides this, every Sheriff is enabled by his writ of assistance, whereby there is commandment under the great seal to all Archbishops, Dukes, Earls, Barons, and all other the King's subjects within the fame County to be aiding to him in whatsoever belongeth to his office, etc. 101. The Sheriff, if need require it, or the Constable may take Posse Comitatus to execute the precept of a justice of peace. 3. H. 7. 10. 13. H. 7. 19 Br. Trespass 432. The Constable of a Town upon a felony committed, or upon any Affray, or the like, may take the aid of his neighbours, or other persons being present to apprehend the Felons, or to cause the peace to be kept, and to carry the offenders before the Iu. of peace, and if any refuse to aid the Constable in this case, he is to be punished in the Sessions of the peace by Fine and imprisonment. 38. Ed. 3. 8. 102. One hath hurt another, whereby he is in peril of death, the Constable may take power or aid to arrest him, etc. 103. Every man may assemble his friends and neighbours to defend his person, etc. being in his house, against violence, etc. but not to go abroad with him in a Fair or market. Advices to the justices of peace. 104. I thought it not amiss here shortly to admonish the justices of peace of some few things, for their better memory. 1. First, that they exercise not the office of a justice of peace, before they have taken the oath of their office, and the oath of Supremacy. 2. That they execute not this their office in their own case, but to cause the offendor to be convented before some other justice, quia iniquum est aliquem sui rei esse judicem, Co. 8. 18. And some late statutes have taken special care to prevent this, as you may see by the statute of 10. Caroli, ca 23. in hibernia. And yet if the justice shall deal in his own case, it seemeth good and justifiable in diverse cases, as when a Iu. of peace shall be assaulted, or (in the doing of his office especially) shall be abused to his face, and no other justice of peace present with him, than he may commit such an offendor, until he shall find sureties for the peace or good behaviour, (as the case shall require) and the said justice in such case may himself bind the offendor, and take his surety; but if any other justice of peace shall be present, it were better to desire his aid. 3. That they be careful for the execution of the statute of Riots, and if upon their enquiry of a Riot, the truth cannot be found by reason of any maintenance, etc. that they certify the same within one month to the Lord Deputy and Counsel, according to the statute of 13. H. 4. ca 7. 4. That upon a forceible Entry they make no restitution without Enquiry. 5. That they be circumspect in bayling of prisoners: viz. that they neither deny it to such as are bailable, nor yield it, where it is not grantable. 6. That all Recognizances taken by them be certified at their next quarter Sessions, or Gaol delivery: according as the case shall require. 7. Also that they do justice, and give remedy to every party grieved, in any thing that lieth within their power, to hear, determine, or execute, and that without respect of persons, and according to the laws and statutes of this Realm. 8. Note that all these former matters are penal to the justices of peace, if they shall offend in any of them, and therefore it is likely they will be the more careful therein. But there are certain other things principally tending to the public good, and fit to be commended to the care of the justices of peace, in all which the justices of peace are to employ also their special care and diligence, and they are shortly these following: 1. The abuses, disorders in Alehouses and Inns to be reform. 2. High ways and Bridges to be amended. 3. Hue and Cry, and fresh suit, to be duly made and pursued, after Rebels, Robbers, and other Felons and Traitors. 4. Labourers, (sc. idle persons meet to serve) to be compelled to go to service, also negligent Recusants, which shall not resort every Sunday to Church, that such be punished according to the statute, for the first means to bring men to God is to bring them to Church. 4. Rogues and Vagabonds to be duly punished. 5. Houses of correction to be mainetained. 6. Watch to be duly kept. 7. Weights and measures, the abuses therein to be reform. 8. Further the Iu. of P. are to be careful that they suffer not the King to be disadvantaged where it lieth lawfully in their power to prevent. 9 Also that they remember, how that they exercise not the judgements of men only but of God himself (whose power they do participate, and who is always present with them) and therefore must take heed, that in all their actions they set God continually before their Eyes. 10. But forasmuch as most of the business of the Iu. of P. out of Sessions consisteth in the execution of divers statutes committed to their charge, which statutes cannot be so sufficiently abridged, but that they will come short of the substance and body thereof, therefore it shallbe safest for the Iu. of Peace, not to rely overmuch upon these short collections thereof, but to have an Eye to the Abridgement of those Statutes or rather to the book of Statutes at large, and thereby to take their further and better directions for their whole proceed. For (as Sir Edw. Coke observeth) Abridgements are of good and necessary use to serve as Tables, but not to ground any opinion (much less to proceed judicially) upon them, Ideò, saith he, satius est petere fontes, quàm sectari Rivulos. Coke. 10. 117. b. 11. And lastly for the better encouragement of Iu. of P. Constables and other officers who (by causeless suits commenced by contentious persons against them for executing their offices) have lately been discouraged from doing their offices (with that courage, care & diligence which is required at their hands) Now for their case in pleading they are by the statute of 10. Caroli in Ireland allowed to plead the general issue of Not guilty, and to give the special matter in Evidence, and for their wrongful vexation double Costs. Barretor. CHAP. 4. 9 E. 4 3. 1. EVery justice of peace (upon his discretion) may bind to the peace or good behaviour, such as are common Barrators. 2. Now a common Barretor is he, who is either a common mover or stirrer up (or maintainer) of suits in Law in any Court, Co. 1. 6. or else of quarrels in the Country. In Courts. 3. As if in any Court of Record, County Court, hundred, or other inferior Courts, any person by fraud and malice under colour of Law, shall themselves maintain (or stir up others unto) multiplicity of unjust and feigned suits or informations (upon penal laws) or shall maliciously purchase special Supplicavits of the peace, to force others to yield him composition, all such are Barrators. 4. In the Country, and these are of three sorts. 1. Disturbers of the peace, In the Country. viz. such as are either common quarrellers, or fighters in their own cause, or common movers, or maintainers of quarrels and Affrays between others. 2. Common takers, or detainers by force or subtlety, of the possession of houses, lands or goods which been in question. 3. Inventors or sowers of false reports, Co. 8. 361. whereby discord ariseth between neighbours, all these are Barrators. 5. But all such persons must be common Barrators, Co. 8. 37. sc. not in one or two, but in many causes. Bailement and Mainprize. CHAP. 5. 1. BAilement, Mainprize, or Replevin, is the saving or delivery of a man, out of prison, before that he hath satisfied the Law sc. by finding sureties to answer, and be justified by the Law. And to this purpose these three terms (Bailement, Mainprize, and Replevin) be indifferently used in our statutes and books. 2. He that is bailed, Stamf. 65. is taken or kept out of prison and delivered (as it were) into the hands of his sureties, who are reputed his guardians, and who may keep him with them, F. Manip. 12. and may imprison him by some opinions, See 22. H. 6. Br. Surety 8. & Mainp. 89. 3. By the common law the Sheriff, and every Constable (being conservators of the peace) might have bailed a suspect of felony, but this authority is taken from them, and given to the justices of peace by these statutes following: 4. First by the statute, 1. R. 3. cap. 3. every justice of peace had authority (by his discretion) to let to bail persons imprisoned for suspicion of felony. But forasmuch as after the making of that statute, divers not being bailable, were notwithstanding let to Bail, Two justices. and so many notable felons escaped, therefore this statute was repealed by the statute of 3. H. 7. 3. H. 7. cap. 38 Fitz. Na. Br. 251. f. And thereby any two justices of peace (the one being of the Quorum) were enabled to let any prisoners (mainpernable by the Law) to bail to the next general Sessions of the peace or gaol delivery, as the case should require. After, for that one justice of peace in the name of himself, and of one other of his fellow justices (not making the other justice privy unto the cause, wherefore the prisoner should be bailed) did oftentimes by sinister means set at large great and notable offenders, such as were not bailable, and yet to hide their affection therein, did signify the cause of their apprehension to be but only for a suspicion of felony, whereby the said offenders have escaped unpunished, for reformation whereof by the statute 10. Carol. cap. 18. 10. Carol. 18. in Ireland it was enacted, that if it be for Manslaughter, or felony, or suspicion of manslaughter or felony, in which cases the party is bailable, than the same justices must be present together at the time of the said bailement, and that they must certify (in writing subscribed with their own hands) the said Bailement at the next general gaol delivery to be holden within the County where the person shall be arrested, or suspected (upon pain to be fined by the justices of gaol delivery.) Now by the preamble of both last recited statutes, the mischief seemeth to be the escape of felons, and therefore if it be not in case of felony, it seemeth any one justice of peace alone, may bail a prisoner, except where some particular statute shall otherwise prescribe. Cromp. 1 57 5. If the Mainpernors, or sureties, do at any time, or in any case doubt that their prisoner, or the party by them bailed, will fly, they may take him and bring him before any justice of peace, and upon their prayer the said Iu. of P. may discharge such sureties and commit the party to prison, except he shall find new sureties such as the justices shall conceive to be sufficient; So if a prisoner be bailed by insufficient persons, the Iu. of P. (ex officio) may cause him to find better sureties, and may commit him till he shall so do, for the statute of Westm. 1. ca 15. requireth that such as be bailed, be let out by sufficient sureties. And although the number, of such sureties, their sufficiency, and the sum wherein they shallbe bound, resteth in some sort, in the discretion of the Iu. yet it is safe for them to take two sureties, at the least, and those to be men of good ability, especially if the prisoner be in for felony or suspicion thereof; For if the justices let out a prisoner upon insufficient sureties that is committed for suspicion of felony, and appeareth not, they shallbe fined by the justices of Assize and gaol delivery. Stamf. 77. 21. H 7. 20. 6. Now Bailement, by the justices of peace (in case of felony or for any other matter) is always upon a certain sum of money (as upon 40 1 etc.) the which sum the sureties, etc. shall forfeit to the K. if it the prisoner appear not at his day, And in this business of bailement (being a matter of much weight) It behooveth the justices of peace to be very circumspect aswell for fear of wrong, by denying it to him, that is bailable, as also for fear of danger to the service itself, by yielding it where it is not grantable, and for fear of danger to themselves in both cases. 3. E. 1. 15. For whosoever doth detain prisoners who are bailable after they have offered sufficient sureties, See 23. H. 6. ca 10. shallbe grievously amerced to the K. and he that doth take any reward for the deliverance of such, shallbe amerced to the K. and pay double to the prisoner. 7. So on the other side, if one who by the Law, is not bailable, shallbe let to mainprize, this shallbe adjudged a negligent escape in him or them that do let him to main prize, 〈…〉 and for such an escape or offence they shallbe fined and punished as followeth, videlicet: If the sheriff, Constable or any Bailiff of Fee, who hath the keeping of prisoners shall bail any person which is not bailable, and be thereof attainted, they shall lose their Fee and office for ever, 3. Ed. 1. ca 15. and if the undersheriff, Constable or Bailiff of such as have Fee for keeping of prisoners, do it contrary to their masters will, or any other Bailiff being not of Fee, they shall have three year's imprisonment and make Fine at the King's pleasure. 8. Note that the Sheriffs and other officers which do let to bail any persons forbidden (by the statute, 3. Ed. 1. cap. 15.) to be bailed shall be punished by the justices of gaol delivery, according to the form of the same statute, or else by the said justices they may be put to their fine, as for an escape, punishable at the common Law. 25. Ed. 3. 39 9 By the justices If any justices of peace do let to bail or mainprize any person who for any offence by him committed is declared not to be bailable, or forbidden to be bailed by the aforesaid statute of 3. 10. Caroli ca 18. P. Iust. 108. P. Mainp. 4. Edw. 1. the said justices of peace so offending shall pay such fines, as shallbe assessed by the justices of gaol delivery where the offence shallbe committed, Fitz. 251. 1. 10. Now to show further the authority of the Iu. of P. in this behalf; No person arrested for Manslaughter, or felony, or suspicion thereof (being bailable by the Law) shall be let to bail or mainprize, by any Iu. of P. but in open Sessions, 10. Caroli. ca 1●. in Ireland. or by two Iu. of P. at the least, whereof one to be of the Quorum, and the same justices to be present together, at the time of the said bailement. The manner. And this bailement the said justices shall certify in writing subscribed with their hands at the next general gaol delivery etc. and in default thereof to be fined by the justices of gaol delivery, 3. H. 7. ca 3. 10. Caroli ca 18 in Ireland. Also before the bailement of such prisoner the same justices or one of them shall take the examination of the prisoner, and information of them that bring him, of the fact and circumstances thereof, and so much thereof as shall be material to prove the felony, shall put in writing before they make the bailement, which examination, information, and bailement, they shall certify at the next general gaol delivery upon the penalty to be fined (as aforesaid) at the discretion of the justices. 11. But if any Iu. of P. hath taken the examination of a fellow, and information against him, and after hath sent him to the gaol, now upon bailement of him by other justices they need not to take any new examination of the prisoner, or information against him, but under their Recog. (or together therewith) to certify by what Iu. of P. the fellow was committed, to the end that at his hands those examinations and Informations may be required, if he have not certified them, nevertheless it is not amiss if they take new examinations, and informations, for if the prisoner or accusers vary in their examinations, good use may be made thereof for the discovery of the truth. 12. Mittimus, the form. Also the justice of peace which small send any prisoner to the gaol, aught to show in their Mittimus the cause of the commitment to the end it may appear whether such prisoner be bailable or no. And if the justices of P. shall commit one to the gaol with these words in the Mittimus, sc. without bail or mainprize showing a certain cause in their Mittimus, yet if such a prisoner be bailable by Law, other justices of peace may bail him, but if the prisoner were committed without bail or mainprize, and without showing cause in the Mittimus, than other justices of peace cannot, or at least shall not do well to bail him without making the other justice which committed him privy thereto, for he might be committed for such cause, as that he is not bailable (as for Treason etc.) 14. H. 7. 10. 2. 13. Note where a man is bailable yet when he cometh before the justice he must offer surety to the justices, otherwise they may commit him to prison. 14. Next it followeth that I show what persons be bailable and what not, Persons not bailable. It appeareth by the statute of West. 1. ca 15. but in these four cases following a man was not bailable at the Common Law. Br. Manip. 47. Stamf. 71. F. N. B. 66. E. First no person taken for the death of a man sc. for murder, Br. Manip. 11. 47. 57 60. 63. 78. F. Coro. 361. or any other homicide was bailable by the common Law. And yet the justices of the King's Bench did use to bail them yea although it be for Murder. Br. Mainp. 60. 63. 78. 47. 10. Carol. ca 18. in Ireland. 15. Also the statute of 10. Caroli in Ireland seemeth to admit that for manslaughter and all other homicide (except murder only) the slayer may be bailed by the justices of peace, which also is the common practice at this day, but let the justices of peace be sparing and well advised herein viz. that the offence be but manslaughter and not murder. 16. Also it seemeth the justices of peace cannot bail him that hath committed manslaughter, if either he hath confessed the offence upon his examination, Or that he be taken with the manner, Or that it be apparently known that he killed the other, for than it is more than suspicion, but he that hath dangerously hurt another may go under bail. 17. Likewise no person taken by the King's commandment was bailable by the common Law, but this must be intended of the King's commadement by his own mouth or by his privy counsel which are incorporate to him, Stamf. 73. See Stamf. 72. & Br. Mainp. 37. 47. neither was any person taken by the commandment of the King's justices bailable by the common Law, but this must be intended of their absolute commandment as if the justice commands one to prison without showing cause why he doth so command, or for misdemeanour done in his presence, or for some other cause which lieth in the discretion of the justices more than in his ordinary power. P. Iust. 107. 18. But now for that by the statute 10. Caroli. ca 18. It is provided that no Iust. or justices of P. shall let to bail any person contrary to the aforesaid statute of Westm. 1. (made 3. Ed. 1.) ca 15. And so the said statute of Westm. 1. is now as a line whereby the justice of peace are to guide themselves in cases of Bailement, I will show here what persons are bailable by that statute of Westm. 1. and what not. 19 By the statute of Westm. 1. no prisoner, shall be let to bail, 3. Ed. 1. 15. P. Mainp. 1. F. N. B. 66. c. which is taken in any of these twelve cases following: 1. First, such as have abjured the Realm shall not be bailed. 2. Stamf. 144. b. Nor any approver or appellor (for that he confesseth) the felony and himself guilty, before he can burden or accuse another, as coadjutor or helper with him in doing the same. 3. Nor he which is appealed by an approver, Fitz. 250. D. Br. Mainp. 97. so long as the approver doth live, except he be of good name, or that the Approver doth waive his appeal See Stamf. 74. 4. Nor he which is taken for burning of burning of a house, etc. feloniously. 5. Nor any excommunicate person taken (at the Bishop's request) (sc upon his certificate) by the writ of Excom. capiend. F. N. B. 66. 6. Nor any fellow taken with the manner, or taken for a manifest offence. 7. Nor a Thief openly defamed and known. 8. Nor he which is outlawed, and yet in some cases such as be outlawed, may be bailed by the Court, etc. See Stamf. 74. 9 Nor he which hath broken the King's prison. 10. Nor he which is taken for Treason. 11. Nor he which is taken for falsifying the King's money. 12. Nor he which counterfeiteth the King's seal, Br. Mainp. 59 20. But by the same statute of West. 1. Persons bailable. West. 1. 15. P. Mainp. 2. Persons suspect. such persons are bailable, which be taken in any of these cases following: 1. First, he that is taken (or indicted) for light suspicion of felony, is bailable, F. N. Br. 249. g. 250. c. 251. f. 2. He that is taken upon suspicion of burglary, robbery, or theft, Stamf. 74. c. if he be not of evil fame, nor that there be any strong presumption against him, it seemeth he is bailable. 3. A man had stolen certain hogs, 16. E. 4. 5. Br. Mainp. 75. and (for that he was of evil fame) he was committed without bail, yet if he could have brought proof or witness that he bought them, he should have been bailed. 4. A man is arrested for suspicion of felony, and brought before the justice, if it shall appear there is no such felony committed, Cromp. 15. the party may be set at liberty without bail; but if there, be a felony committed, and any probability that the prisoner is guilty, although in truth he be not guilty, yet the justice must either commit him, or bail him. 5. Pery Larceny, B. Mainp. 2. Fitz. 150. E. He that is taken (or indicted) for petty Larceny that amounteth not above the value of xijᵈ, if he were not guilty of some Larceny before, he is bailable. 6. Persons indicted. P. Mainp. 2. Such as be indicted of Larceny (generally) shall be set at liberty upon sufficient surety. 21. And yet they shall not be bailed, if they be not also of good fame, Stamf. 74. Fitz. 1. 9 & 250. Br. Mainp. 97. but if they be of good fame they may be bailed (although they be indicted) by the justices that have authority to hear and determine felony, yet the justices of peace out of their Sessions may not safely bail such persons, for being indicted they are then more than vehemently suspected. 22. One that was indicted before the Coroner, that he had killed another Se defendendo, was by the justices of gaol delivery bailed till the next Assizes to purchase his pardon, 26. Eliz. Cromp. 153. Fitz. Na. br. fo. 249. g. 23. One that was indicted in the Sheriffs Turn for stealing of a horse may be bailed by the Sheriff (if he be of good fame) as appeareth by the writ de manucaptione F. N. B. 249. g. Also one that was indicted of Burglary, as principal pleaded not guilty and was after bailed 29. lib. Ass. Fitz. Mainp. 9 Another that was indicted of Robbery was bailed 41. lib. Ass. 30. Br. Mainp. 61. but these were bailed by the Court and not by a justice of peace in the Country. Persons attaint or convict. Stamf. 74. D. F. Cor. 297. 354. 24. But such as are attainted or convicted of felony are not bailable, for although it doth not appear by any words of the said statute of Westminst. 1. that it doth prohibit the bailement of such as be convicted by verdict, yet it is to be intended that the statute doth aswell prohibit the bailement of those convicted and attainted by verdict, as it doth of them who be attainted by Outlarie, And therefore if a prisoner after he hath pleaded not guilty be convicted by verdict that be killed a man Se defendendo, 25. E. 3. 42. or by misfortune, yet he shall not be bailed by the opinion of some books. Nevertheless the justices of Assize use to bail the prisoners that are found guilty Se defendendo or per infortunium taking security, by recognizance that the prisoner at the next Assizes shall appear and produce his pardon of grace, And this I conceive to be legal enough for avoiding of charge and circuit, for if the prisoner procure a certificate of the verdict into the Chancery, it appeareth by Stamford. fo. 74. that a writ shall issue to the Sheriff to bail him. Dyer. 179. See Br. Mainp. 94. 25. And if a man that is arraigned of homicide doth plead not guilty, and is found guilty and doth pray his Clergy, and is reprived without judgement, he is not bailable, for being convicted of the felony, he is more now then vehemently suspected, and the intendment of Law in cases of Bailement is, that it resteth indifferent whether he be guilty or not until Trial, etc. 26. The same reason seemeth to hold if a man be indicted of homicide (before the Coroner) yet See 22. Ass. p. 94. Br. Cor. 90. that such are bailable as are indicted before the Coroner but of Manslaughter, and so is the common practice at this day. 27. Also a man convicted of felony remaineth in prison, and after obtaineth the K. pardon, the Iust. of gaol delivery may bail him till the next gaol delivery, that he may then come with his pardon and plead it 2. E. 6. Br. Manip. 94. 28. Stamf. 1. Those that be charged as accessaries in felony be bailable and it seemeth that accessaries to felonies are within the Equity of this statute, Stamf. 71. c. Fitz. 250. c. Br. Main. 11. 58. and are bailable (if they be of good fame) until the principal be convict or attaint, but after the principal is attainted the accessary shall not be bailed but kept in prison, 40 E 3. f. 28. Stamf. 71. c. Br. Main. 58. and yet if (after the attainder of the principal) the accessary shall plead not guilty or other plea, it seemeth he shall be bailed, See more in Br. Mainp. 6. 9 22. 54. 64. & 97. 29. If a man be accessary to two, Stamf. 71. F. Cor. 200. and the one principal is attainted, though the other be not, yet the accessary shall not be bailed. 30. In felony if the principal die in prison; or be attainted of another felony the accessary shall be bailed, F. Coro. 378. Br. Mainp. 91. 31. Also the said statute of Westm. 1. cap. 15. doth no more restrain the principals (to be bailed) then the accessaries in those cases where the same statute doth not prohibit to let to Mainprize, Stamf. 74. Br. Main. 53. F. Mainp. 9 and therefore if a man be indicted of Burglary as principal, yet he may be bailed, Stamf. 74. Stamf. 74. Also the principal in appeal of Robbery may be bailed, And so may he be bailed upon an Indictment of Robbery. Br. 61. 75. & 97. Stamf. 71. Br. 56. 58. 97. But the principal for murder is not bailable either by the common Law, or by the stat. of Westminst. 1. by the justices of peace or by the Sheriff, but the justices of the King's Bench do use to bail them for they are not restrained neither by the common Law nor by the said statute, Trespass West. 1. 15. P. Mainp. 2. howbeit I do advise the justices of peace to be sparing in the bailement either of Burglars, Robbers or other notorious felons, and to take very good sureties for such as they shall bail. 32. Those that be charged with (or guilty of) any Trespass that toucheth not loss of life, nor member, be bailable by the statute of Westm. 1. 15. before they be convicted. But yet let the justice of peace have a Care that bail be not prohibited by any other latter statute (in such cases of Trespass.) 33. If any person be committed to prison, Fitz. 250. g. by process from the Sessions made upon an Indictment upon any penal statute (not prohibiting bail) he maybe bailed (out of the Sessions) by two justices of peace the one being of the Quorum. Br. 97. Or he may have a writ out of the Chancery directed to the justices of peace, or to the Sheriff to take surety of him for his appearance, before the justices at their Sessions, Or he may have a Cerciorari to remove the record into the King's Bench, and a habeas corpus to remove the body thither also. Fitz. 250. g. h. i. & 251. c. 34. If process from the Sessions shall go forth upon any indictment of Trespass, Cromp. 197. 134. etc. any one justice of peace may take bail of the party to appear at the day, etc. to answer to the indictment, and the same Iu. may thereupon make his Supersedeas, for otherwise besides the mischief of imprisonment, the party may be outlawed before the Sessions: Note that the justices of peace are not to bail any prisoner, except the prisoner be committed for such cause whereof the said justices of peace may ●either inquire, hear, ●or determine; Cromp. 152. and therefore if a man be taken upon process of rebellion, issuing out of the Chancery or Star-chamber, or such like, the justices of peace are not to bail him. And Master Crompton reporteth of two justices of peace, who were fined for bailing one, in such a case. 35. Also if a man be arrested by force of any process, writ, bill, or warrant, in any action personal, the justices of peace are not to bail him. 36. Persons condemned in any of the King's Courts, and by virtue thereof committed to prison. And persons being in execution upon any statute or recognizance, etc. at the suit of any person the Iu. of P. are not to bail any such. Execution. P. Mainp. 2. Fitz. 250. d. 37. He that is appealed by an approver, being no common thief, nor defamed, after the death of the Approver, is bailable by the statute of West. 1. 38. Note that a man cannot become an Approver, before a justice of peace; Stamf. 144. 2. nevertheless it seemeth both reasonable and serviceable, that if a fellow will become an Approver, that is, will confess his felony, and also accuse others (that were coadjutors with him in doing the same felony, or in other felonies,) before a justice of peace, that such justice may take his confession, and commit him to the gaol, and may also grant out his warrant for the apprehending of the others, that are so accused. 39 Again, the statute of 23. H. 6. c. 10. taketh away bail from all such as be in prison by condemnation, execution, Capias utlagatum, excommunication, surety for the peace, or by the special commandment of any justice prohibiting that such be not bailed, either by the Sheriff, or other officer or minister. 40. There be diverse other statutes which do take away bail from the offenders thereof, and that not only upon their solemn conviction after public hearing, trial, and judgement, but also upon the record of one or two justices of peace, or by private examination, and confession of the offendor, or proof of witnesses, or such other private trial, had before the justices of peace out of their Sessions, most of which I have here set down, whereof the justices of the peace (as I said before) are to be careful. 1. No person being imprisoned or taken for any of the offences, or causes here-under mentioned, Where Bail is taken away. 13. E. 1. ca 11. shall be bailed or let to Mainprize, otherwise then as hereafter followeth, sc. Accomptants found in arrearages before Auditors shall be imprisoned, without bail until they have satisfied their Master all arrearages. 2. Appellors, or approvers, shall not be bailed. West. 1. cap. 15. Nor he which is appealed by an Approver. Ibid. 3. Persons going or riding armed contrary to the statute of Northhampton, and being thereof convict, shall be imprisoned until they have paid such Fine as shall be therefore imposed upon them. 4. Breakers of prison are not bailable. Westm. 1. 15. 5. Surveyors and Collectors, 10. Caroli. ca 20. in Ireland. appointed for the repairing of Bridges, if they refuse to account of the money by them received, they shall be imprisoned until they have truly accounted. 6. Burners of houses, or Ricks of Corn in Town or fields, 13. H. 8. ca 1. in Ireland. are not bailable, for these offences in Ireland are Treason. 7. Constable's neglecting to whip Trespassers in Corn, woods, or Orchards at the commandment of a justice of peace shall be imprisoned until they have caused the offendor to be whipped. 10. Caroli ca 23. 8. Persons condemned in any of the King's Courts, See 23. H. 6. cap. 10. and by virtue thereof committed to prison, they shall not be bailed, until they have agreed with the plaintiff. 1. R. 2. c. 12. 2. H. 5. c. 2. Fitz. N. B. 121. A. 9 Conjurers and Witches shall not be bailed. 10. Counterfeiters of the King's seal, or money, are not bailable. West. 1. cap. 15. 11. Excommunicate persons, Where bail is taken away. West. 1. 15. See 23. H. 6. ca 10. taken by a writ de excommunicato capiendo shall not be bailed. 12. Such persons as are in execution upon any statute or recognizance, or upon judgement given in the King's Courts at the suit of any person, shall not be bailed until they have agreed with the plaintiff. 1. R. 2. ca 12. 23. H. 6. ca 10. Fitz. N. Br. fol. 93. c. & 121 a. 13. Felons taken for murder are not bailable, but if it be but for Manslaughter they may be bailed. But felons taken with the manner are not bailable, Westminster, 1. cap. 15. Or if it be apparently known that they did the felony, they are not bailable. 14. Or if they confess the felony upon their examination before the Iust. of P. Cromp. 152. B. Or if he be a Thief openly known, West. 1. 15. Or if he be of evil fame by credible report. Br. Mainp. 75. in all these cases they are not bailable. 15. Yet in these former cases of felony, if the theft be not above the value of Twelve pence, the justices of peace may bail the prisoner, it being no felony of death. 16. Nor he which is convict, or attaint of felony, is not bailable. 17. Also persons convict of Forceible Entry, or detainer shall not be bailed until they have paid their Fine, or have found sureties by recognizance for payment thereof. 18. Forgers of any deed, writing sealed, will, or Court Roll, and the assenters thereto, and the publishers thereof knowing the same, 28. Eliz. ca 4. in Ireland. shall not be bailed if they be convicted thereof, but every of the offenders aforesaid (in all cases of forgery) being thereof convicted, shall suffer perpetual imprisonment during their lives, where any man's estate of inheritance, , or Copyhold shall be defeated, charged, or molested thereby, otherwise the offenders shall suffer one year's imprisonment without bail. 10. Caroli ca 3. in Ireland. 19 Persons convicted of making fraudulent conveyances their defenders, justifyers, or putters thereof in ure knowing the same, and those which shall assign over any lands, leases or goods so to them conveyed, knowing the same, shall suffer imprisonment one half year without bail. 20. Maintainers of houses, or places for any unlawful game, and common gamesters, every justice of Peace seeing or finding any such may imprison the offenders till they find sureties by recognizance no more to offend in the premises or for their good behaviour, and this he may do by the common Law, and by the first Assignavimus of the Commission of the peace, and the offenders shall not be bailed without finding such bonds. 10. Caroli ca 26. 21. Collectors for highways, bridges, Causeys or Toghers which shall refuse to account for the money by them collected shall be imprisoned until they have accounted for and paid the same, and shall not be bailed. 22. Hunting, if any lay man not having in lands 40. s. per annum, Or if any Priest or Clerk, not having 10.l. living per annum, shall keep any hound, greyhound, or other dog for to hunt, or any Ferrets, hays, nets, or other engines to take or destroy Dear, Hare, Coneys, or other gentlemen's game, and shall be thereof convicted, every such offendor shall be imprisoned for one whole year, and not bailed. 13. R. 2. ca 13. 23. Reporters of false news which may cause discord between the King and his people, and spreaders of false news or lies of any of the Peers or great officers of the Realm if they be thereof convicted shall be imprisoned until they have brought him into the Court who was first author of the tale, and shall not be bailed, 3. E. 1. ca 33. 2. R. 2. ca 5. 23. H. 6. ca 10. 24. No person committed by the King, or Counsels commandment, nor by any of the K. Iust. shall be bailed. 25. So in all cases, where a statute ordaineth that an offendor shall be imprisoned at the Kings will and pleasure there the prisoner cannot be bailed or delivered until the King hath signified his pleasure of him (as if one be imprisoned for going or riding armed contrary to the statute of North-hampton made Anno 2. E. 3. ca 3.) 24. E. 3. f. 3. Br. contempts 6. 26. And in such cases the prisoner is to redeem his liberty with some portion of money as he can best agree with the King or his justices for the same, And so it seemeth the Iu. before whom such an offendor shall be convict, may assess such Fine or ransom, according to their discretions, and upon payment thereof may deliver the prisoner out of prison, for the King signifieth therein his pleasure by the mouths of his justices. 27. Servants departing from their masters without good cause, and persons compellable to serve, that upon request made shall refuse to serve for the wages rated and appointed by proclamation and being committed for that cause are not bailable. 28. Such persons as at their proper Costs, shall buy, 8. H. 6. 4. or wear any Liveries, , or hats, to have maintenance and be thereof convicted, shall have one whole years imprisonment without bail. 29. Persons taken for falsifying the King's money shall not be bailed, Westm. 1. ca 15. 30. Persons committing perjury by his or their deposition in any Court of Record, or Court Baron, 28. El. ca 1. in Ireland. being thereof lawfully convicted, shall have six months imprisonment without bail. So of procurers of such perjury they being thereof lawfully convicted and not having to pay the penalty of the statute, they shall have one year's imprisonment without bail. 31. Such as offend against the statute, 2. Eli. ca ●. concerning uniformity of common prayer, and service in the Church, 2. El. ca 2. in Ireland. and be thereof lawfully convicted by verdict of 12. men or by their own confession, or by the notorious evidence of the fact, they shall be committed without bail, See the statute 2. El. 2. for in some cases the offendor shall suffer six months imprisonment, in other cases one whole years imprisonment, and in other cases imprisonment during life. 32. Purveyor (or other officer) of any noble man, etc. taking any thing of any subject against his will, ●3. H. 6. ca 14. such offenders shall be committed to prison without bail, until they shall redeliver the goods so taken, or the value thereof, See ibid. 33. Riotters, attainted of great Riots shall have one year's imprisonment without bail; 2: H. 5. ca 7. and all persons convicted (by the view of the Iu. or upon the enquiry, or otherwise) of any Riot shall be committed until they have paid their Fine, and shall not be bailed. 34. Sheriffs not making their election of Knights for the Parliament in their full County, between the hours of 8. and 11. in the forenoon, 23. H. 6. ca 15. or returning knights for the Parliament contrary to the statute, and being of either of the said offences attainted before the justices of Assize, they shall be imprisoned for one whole year without bail. 35. The defendant in a suit for Tithes, 33. H. 8. ca 12. in Ireland. that disobeyeth the judge's sentence, shall be committed without bail, until he shall find sufficient sureties by recognizance, to obey and perform that sentence, vid. tit. Tithes. 36. Persons committed for any Treason touching the King, they are not bailable, Westm. 1. ca 15. 37. Counterfeiters of money, or of the King's seal, are not bailable, Westm. 1. ca 15. Br. Mainp. 59 33. H. 8. ca 15. in Ireland. 38. Vagabonds or Rogues committed according to the statute of 33. H. 8. ca 15. are not to be bailed. 39 Outlawed persons taken for the same are not bailable, Westm. 1. ca, 15. & 23. H. 6. ca 10. 40. Falsifyers, or counterfeiters of weights or measures (after they be indicted thereof) shall be taken and imprisoned without bail, until they be acquitted or attainted, and if they be attainted, ●hey shall remain in prison until they have made Fine and ransom, according to the Iust. discretion, 9 H. 5. 8. Parl. 2. 41. Witches and Sorcerers being of any of the said offences lawfully convicted are not bailable. 42. Taking of women unmarried, and under the age of 16 years, out of the possession of their parents, or other person having lawfully the keeping of them, 10. Caroli ca 17. in Ireland. and against their wills, or contracting marriage with such a maid against the will of, or unknowing of, or to the Father of such a maid (if he be living) or against the will, etc. of the mother, having the custody and governance of such child; The offenders in these two last cases being thereof lawfully convicted for the first is to have two year's imprisonment, and for the latter shall have five year's imprisonment without bail, etc. Bridges, Causeys, Toghers and Highways. CHAP. 6. Madge Chart. 15. P. tit. Ways. 1. 1. NO village, or freemen by the common Law shall be compelled to make any bridge, but such as by right they had wont to make, and that they and their ancestors have used time out of mind to make the same, F. Grants. 94. 44. E. 3. 31. 21. E. 4. 46. or that they hold certain lands to make the same, for though a man of his own accord hath made or amended a Bridge, yet shall he not be thereto constrained at another time, and yet if a man and his ancestors, or a corporation, etc. have time out of mind used to do such things, although they did it of their own free mind and accord, and not of right, yet such continuance shall conclude them and their heirs and successors. And so of highways, 21. Ed. 4. 46. P. Bridges. 1. 2. He that hath his land adjoining to such Bridge, is not chargeable to make or repair the Bridge, except where they have made it by prescription. 8. H. 7. fol. 5. b. Cromp. 186. b. & 187. b. 3. By common right Bridges shall be amended by the whole County, for that it is for their common good and ease, and yet if any have fishings, 37. Aff. pl. 10. per Greene. or other profit in that River, they in reason and Law (as it seemeth) are chargeable, and therefore the Iust. of P. in good discretion may tax such proportionably to their profit. 4. Where men are charged by their Tenure or lands every owner or occupier of such lands are to be charged proportionably to their said lands. 5. Such as are chargeable to repair such Bridge may enter upon any other man's land or soil adjoining, and may lay there stone, Co. 11. 52. lime, timber, or other things necessary for the repairing and amending thereof, and the owner of the lands shall have no action, therefore, for it is for the common profit, etc. 43. Ass. 7. 6. If a man maketh a Bridge for easement to his Mill and that dee ayeth, the party nor any other shall be charged to repair this, Cromp. 187. for it is no common passage. 7. But now by a statute made in Anno. 10. Caroli. ca 26. It is enacted that aswell the justices of Assize in their several circuits; as also the justices of peace in every Shire of this Realm, Franchise, City, or Burrough, shall have power and authority to inquire, hear, and determine publicly in the general Assizes or Sessions of the peace respectively, of all manner of annoynances of Bridges, Causeys, & Toghers, broken or decayed in the high ways, to the damage of the King's liege people. And also of and concerning the new building, erecting and making of new Bridges, Causeys, and Toghers, broken or decayed in the highways, to the damage of the King's liege people, and also of and concerning the new building, erecting & making of new Bridges, Causeys, or Toghers, in other places fit & necessary for the fame, and to make such process and peines upon every presentment afore them respectively, for the reformation of the same against such as ought to be charged for the making or amending of such Bridges, Causeys, and Toghers, as the King's justices of his Bench use commonly to do, or as it shall seem by their discretions to be necessary & convenient for the speedy amendment, erecting and making of such Bridges, Causeys, and Toghers, & every or any of them. And where in many parts of this Realm, it cannot be known and proved what County, Barony, City, Burrough, Town, or parish, nor what person certain, or body politic, ought of right to make or repair such Bridges, Causeys, or Toghers, by reason whereof such Bridges, Causeys, & Toghers, for lack of knowledge of such as ought to make or repair them, for the most part lie without making or repairing to the great annoyance of the King's subjects. It is further enacted that in every such case the said Bridges, Causeys, and Toghers, if they be without City, or Town corporate, shall be made by the Inhabitants of the Shire or Barony within the which the said Bridges, Causeys, and Toghers shall happen to be in decay, or thought fit to be newly erected or made. And if within any City, or Town corporate which is a County of itself, then by the Inhabitants of every such City, or Town corporate wherein such Bridges, Causeys, & Toghers, or any of them happen to be in decay or thought fit to be newly erected & made, and if within a Town corporate which is no County, then by the County or Barony wherein such Bridges, Causeys, or Toghers shall happen to be or thought fit to be newly erected; and if part of any such Bridges, Causeys, and Toghers, or any of them happen to be in one County and the other part thereof in another County that then in every such case, the Inhabitants of both the said Counties shall be charged, and chargeable to amend, make and repair such part and portion of such Bridges, Causeys, & Toghers, or any of them as shall lie and be within the limits of the Shire wherein they be inhabiting and dwelling. 8. And it is further enacted that in every such case the said justices of Assize in their Circuits, and the said justices of the peace in the Quarter Sessions respectively, with the assent of the Grand jury, shall have power and authority to tax and set every Inhabitant in any such County, Barony, City, Burrough, Town, or parish, within the limits of their Commissions and authorities, to such reasonable aid and sum of money as they shall think by their discretions convenient and sufficient, for the new building, repairing, re-edifying and amendment of such Bridges, Causeys, and Toghers, and after such taxations made, the justices of Assize, and justices of peace respectively, shall cause the names and sums of every particular person so by them taxed to be written in a roll indented, and shall also have power and authority to make two Collectors of every Barony, City, Burrough, Town, or Parish, for collection of all such sums of money by them set and taxed, with Collectors receiving the one part of the said roll indented, under the seals of the said justices shall have power and authority to collect and receive all the particular sums of money therein contained, and to distrain every such Inhabitants as shall be taxed and refuse payment thereof in his lands, goods, and Chattels, and to sell such distress, and of the sale thereof, retain and perceive all the money taxed and the residue (if the distress be better) to deliver to the owner thereof: And that the same justices of Assize, and justices of the peace respectively, within the limits of their Commissions and authorities, shall also have power and authority to name and appoint two Surveyors which shall see every such Bridge, Causey, and Togher builded, repaired, and amended from time to time, as often as need shall require, to whose hands the said Collectors shall pay the said sums of money taxed, and by them received: And that the Collectors, and Surveyors, and every of them and their Executors, and administrators, and the Executors, and administrators of them and every of them from time to time, shall at the public Sessions of the peace, make a true declaration and account to the justices of peace of the Shire, City, or Town corporate, wherein they shall be appointed Collectors, or Surveyors, of the receipts, payments and expenses of the said sums of money. And if they or any of them, refuse that to do, that then the justices of the peace from time to time by their discretions, shall have power and authority to make process against the said Collectors, and Surveyors, and every of them their Executors, and administrators, and the Executors, and administrators of every of them by Attachments under their seals, returneable at the general Sessions of the peace; And if they appear, then to compel them to account as is aforesaid, or else if they or any of them refuse that to do, then to commit such of them as shall refuse toward, there to remain without bail or mainprize, till the said declaration and account be truly made. 9 And lastly it is enacted by the said statute, that the justices of Assize, and justices of the peace respectively, shall have full power and authority to allow such reasonable costs and charges to the said Surveyors, and Collectors, as by their discretions shall be thought convenient. 10. Now concerning highways, although by the ancient common Law, every Country ought to maintain and repair ways and passages between Market Towns, yet for the better performance thereof, divers ancient statutes have been made, viz. the statute of Winchester in the time of E. 1. whereby it is ordained that the ways should be so enlarged that no bushes should be within 200. foot, and the statute of 11. jacobi ca 7. 11. jacobi ca 7. in Ireland. whereby it is ordained that Constables and Churchwardens of every Parish within this Realm, shall yearly upon the Tuesday and wednesday in Easter week call together a number of the parishioners, and shall then elect and choose two honest persons of the parish to be Surveyors, and orderers of the works for the amendment of the high ways, Cashes, and paces in their parish, leading to any market Town, the which persons have authority by virtue of that Act to order and direct the persons and carriages that shall be appointed for those works by their discretions, and the said persons so named shall take upon them the execucution of their said offices, upon pain every of them making default to forfeit ten pounds. 11. And the said Constables and Churchwardens shall also then name and appoint six days for the amendment and clearing of the said highways, cashes and paces in the said several parishes before the feast of Saint john Baptist than next following, and shall openly in the Church the next Sunday after Easter, give notice of the same six days, and upon the said days the parishioners shall endeavour themselves to the amendment and clearing of the said ways, cashes and paces, and shall be chargeable thereunto as followeth, that is to say all and every person, or persons for every plough land in tillage or pasture that he, she, or they, shall occupy in the same parish, and all and every other person or persons keeping therein a draught or plough shall find and send at every day and place to be appointed for the amendment of the highways in that parish, as is aforesaid, one Wain, or Cart, furnished after the custom of the Country with Oxen, horses, or other Cattles, and all other necessaries meet to carry things convenient for that purpose, and also two able men with the same, upon pain of every draught making default, twenty shillings. 12. And at every day and place to be appointed for the mending of the Cashes and clearing of the said paces two able persons furnished with necessary tools for that purpose, upon pain of every default ten shillings, and every householder, and every cottier and labourer of that parish able to labour, and being no hired servant by the year, shall by themselves or one sufficient labourer, for every of them upon every of the said six days, work and travel in the amendment of the said highways, Cashes, or paces, upon pain of every person making default, to lose for every day two shillings. 13. And if the carriages of the parish, or any of them shall not be thought needful by the supervisors to be occupied upon any of the said days for the amendment of the said highways, that then every such person that should have sent any such carriage, shall send to the said work for every carriage so spared, two able men there to labour for that day upon pain to lose for every man, not so sent to the said work, two shillings. 14. And every person and carriage abovesaid shall bring with them such Shovels, Spades, Pickaxes, Mattocks, Axes and other Tools and instruments as shall be necessary for the said work, and all and every the said persons and carriages shall do and keep their work as they shall be appointed by the said supervisors, or one of them, eight hours of every the said days, unless they shall be otherwise licenced by the supervisors or one of them. 15. And further, that it shall and may be lawful to all and singular supervisor, and supervisors, and Orderers of the said work for the time being, for the amendment of the said highways and Cashes, thereunto elected and appointed as aforesaid, for the better repairing and amendment of the highways, and making of Cashes in their several parishes and limits, where they shall be so made supervisors, if it shall so to them be thought necessary, to take and carry away of the rubbish or small broken stones of any quarry or quarries, and to cut and carry away any underwoods', growing, lying or being within the parish where they shall be supervisors without licence, controlment or impeachment of the owners or owner, so much as by their discretion shall be deemed and adjudged necessary to the amendment of the said ways and Cashes, the owners of the said underwoods' notwithstanding to be paid for the same by the parishes, as the same shall be valued by the said supervisors, and that for default of any quarry or quarries, not being within their said parish or limits, or in default of rubbish not to be found in any such quarry or quarries, it shall and may be lawful to any such supervisors or supervisor for the use aforesaid, in the several grounds of any person or persons being within the parish and limits where they shall be supervisors, and nigh-adjoyning to the way or ways wherein such reparations shall be thought necessary to be made, where gravel, sand, or cinders, is likely to be found to dig or cause to be digged for gravel, sand, or cinders, & likewise to gather stones lying upon any lands or grounds within the parish, and meet to be used to such services and purposes, and thereof to take and carry away so much as by the discretion of the said supervisors shall be thought necessary to be applied in the amendment of the said highways. 16. Provided always that it shall not be lawful to any such supervisor or supervisors to cause any rubbish to be digged out of any quarry or quarries, but only shall extend to such rubbish as shall be found there ready digged by the owner or owners of the said quarry or quarries, or otherwise by his or their licence and commandment, nor to dig or cause to be digged any gravel, sand or sinder in the house, garden, Orchard, or meadow, of any person or persons, nor to cause any more pits to be digged for gravel in any several or enclosed ground then one only; and that the same pit or hole so digged for gravel, as aforesaid, shall not be any way in breadth and length above ten yards at the most, and every such supervisor as shall cause any such pit to be made and digged for gravel, sand or sinder, as aforesaid, shall within one month next after any such digging, or pit made, cause the same to be filled and stopped up with earth, at the costs and charges of the parishioners, upon pain to forfeit to the owner, or owners of the soil where any such pit shall be made and digged, for every default five pounds to be recovered by action of debt, as in other like cases of debt have been accustomed. 17. And forasmuch as the highways in sundry places of this Realm are full of Bogges, continual springs, of watercourses, by continual increase and sinking whereof into the ground, the said ways are not only deep and very dangerous, but also for the most part impossible to be amended and repaired in any good and sufficient manner, it is therefore further enacted that every such supervisor or supervisors shall within the parish or limits where he or they shall be supervisors, have full power, and authority, to make Cashes of such Bogs, and to turn any such course or spring of water being in any of the said highways, into any ditch or ditches of the several ground or soil of any person or persons whatsoever, next adjoining to the said ways, in such manner and form as by the discretions of the said supervisors shall be thought meetest and most convenient. 18. And further also, that the hays, fences, ditches or hedges next adjoining, on either side, to any high or common or Fairing way, shall from time to time be ditched, scoured, repaired, and kept low, and all Trees and Bushes growing in the highways, or paces cut down by the owner or owners of the ground or soil, which shall be enclosed with the said hays, Fences, ditches or hedges aforesaid, whereby the said ways may be open, and the people have more ready and easy passage in the same, upon pain that all and every person and persons making default therein shall forfeit and lose Twenty pounds. 19 And it is further enacted that all and every person or persons that shall occupy or blow land in tillage, or pasture, lying or being in several parishes shall be chargeable to the making of the high ways and Cashes: and cutting or clearing of Paces within the parishes where he dwelleth, as fare forth and in such manner and form, as any person having a plow-land in any parish ought to be chargeable by the said Act as aforesaid: and that every person or persons occupying or keeping in his or their hand, or possession, several or diverse plow-lands, as aforesaid, in several or diverse parishes, shall be charged to find in each parish, where the plow-lands being in his occupying do lie, one Cart, Wain, Tumbril, Dungpot, or Courtslad, Carres, or drags furnished, and two men and other things as before, for the amendment and repairing of the highways, making of Cashes, and clearing of Paces within the several parishes where the said plow-lands do lie, in such manner and form as if he, or they were a parishioner dwelling within the parishes where the same several plow-lands do lie. And for the better keeping of the highways passable for his Majesty's subjects: It is likewise enacted that no person or persons having any ground by lease or otherwise, adjoining to any highway or common fairing way leading to any market Town shall cast or scour any ditch, and throw and lay the soil thereof into the high way, and suffer it to lie there by the space of six months, to the annoyance of the said high way or common fairing way, upon pain of forfeiture for every load of soil, so cast into the high way or common fairing way, in ditching or scouring, twelve pence: and where any heretofore have been so cast into the highways, or common fairing way, that there is a bank between the said way and ditch, that it shall be lawful for the supervisors and workmen appointed for the amendment of the said highways to make sluices, or other devices by their discretions to convey the water out of the said way into the ditch, any Law, right, interest, custom, or usage notwithstanding. 20. And it is further enacted that all and every justices of Assize, justices of Oyer, and Terminer, and justices of the peace, in their Sessions and Stewards of Lectes and Law days in their Leetes, and Law days, shall inquire of, and hear and determine all and every offence, matter and cause that shall grow, come or arise by reason of this Statute, and to assess such reasonable Fines and amerciaments for the same as by them shall be thought meet, and that all and every penalty, sum or sums of money forfeited, or to be imposed for any cause within this Statute, shall be levied within every parish by the Surveyors of the ways within that parish for the time being, by distress and sale of distresses in manner and Form as Fines and amerciaments in Leets have been used, and the money so levied to be employed upon the highway or common fairing way where the offence was committed within one year, and the said Surveyors shall at least once every year at the quarter Sessions to be holden for the said County make a true Account before the justices of peace there, or any two of them, whereof one to be of the Quorum, and shall make payment of all such summ● of money to the Surveyors to be appointed for the year next following as he or they shall have collected upon the Estreares thereof to be made unto them, upon pain to forfeit for every time he shall not so do; forty shillings sterl. and to be committed until they make payment thereof, and the Clerk of the Crown, or of the peace, and the Steward of every Leete shall make estreate indented, of all the Fines, forfeitures and amerciaments upon the said defaults, and shall deliver the one part thereof to the Surveyors of every parish where the said offence was committed yearly within Six weeks after the Feast of Saint Michael the Archangel, and the said Surveyors upon their account shall have allowed for every pound they shall collect and pay Eight pence for his own pains and 12. d. English for the Fees of the Clerk of the Crown, Clerk of the Peace, or Steward of the Leete for the estrates indented of every several parish that they shall deliver, as is aforesaid. 21. Note that the King's high way, (or Regia vid) loading either to the Market, or from town to town, the freehold and soil thereof, and the interest of all the trees and other such profit● thereupon growing, do belong to the Lord of the soil, or Lord of the Manor, 17. Ed. 3. fol. 9 Br. Chimin. 1●. ●1. & ●7. H. 6. fol. 9 Br. Little. And therefore such Lords are chargeable to cut down the Trees and bushes growing in such highways, and yet by the opinion of Keble, 8. H. 7. fol. 5. the freehold of the highway, and the Trees thereupon growing are belonging to him that hath the land next adjoining, Br. Nusans' 18. but it seemeth this must be understood of common field ways, or other private ways, and not of the King's highway. See ●. Ed. 4. fol. 9 & Britton. fol. 111. 22. Note also that he which hath land adjoining next to the K. highway, by the common Law (before these statutes) was and is chargeable and bound of common right, to cleanse and scour the ditches adjoining to the said highway. 8. H. 7. fol. 1. A. Br. Nasanus 28. 23. And it is called the King's highway, for that the King at all times, hath therein passage for himself and all his people, and may punish all Nufans therein, though otherwise the interest thereof be in the Lord, to take all the Trees and such other profits there growing and to bring his Action for digging therein, or for any other like Trespass there done. 24. F.N.B. 113. A. And the King (by the common Law) may award his Commission for the amending of the highways and Bridges throughout his Realm, so as his people may have safe passage thereby. Cloth. CHAP. 7. EVery justice of peace may examine and punish certain abuses concerning the making of cloth, as appeareth by a Branch of a statute made in Anno 4. E. 4. ca 1. which branch followeth in these words, viz. 1. Therefore it is ordained and established by the authority aforesaid that every man and woman being cloth-makers Cloth-makers. from the Feast of Saint Peter, shall pay to the Carders, spinsters, and all such other labourers of any member thereof, lawful money for all their lawful wages Wages. and payment of the same. And also to deliver wols to be wrought according to the faithful delivery and due weight upon pain of forfeiture to the same labourer the triple of his said wages so not paid, as often as the said cloth-maker doth refuse to pay the same in the said manner and form to any such labourer, put by him to the occupation in any of the said members of cloth-making. And also to forfeit to the same labourer for every delivery of excessive and unlawful weight to him delivered to be wrought 6. d. for every default, and that every Carder, Spinster, Weaver, Fuller, Shereman, and Dyer, shall duly do his labour in his occupation, upon pain to yield to the party grieved in this behalf his double damages. 2. And that every Fuller Fuller. in his Craft and occupation of fulling, rowing, or tazeyling of cloth, shall exercise tazells and no Cards, deceitfully impairing the same cloth, upon pain to yield to the party grieved his double damages. 3. And that every justice of peace for the time being, of every County of this Realm throughout the same County, out of Cities, Burrougheses, and Towns where any Mayor, Master, Warden, bailiff, or bailiffs is or be, and every Mayor, where there is no master, and every master where there is no Mayor, and every bailiff or bailiffs, where there is no Mayor nor master, and every Portreve, where no Mayor, master, bailiff nor bailiffs is or be, of every City Burgh and Town within every such County aforesaid, and every Constable of hundred where any Constable of hundred is out of every City, Burgh, and Town, where any Mayor, Master, Bailiff or Bailiffs, or portrives is or be. And every Steward keeping or holding Wapentake or Leete of any person, out of City, Burgh, or Town, where no Mayor, Master, bailiff, or bailiffs, or portreves is or be, shall have power and authority by this ordinance to hear and determine the Complaints of every such cloth-maker and labourer, aswell for non payment of the said labourers wages, as of the said forfeiture and damages by due examination of the parties in this behalf thereupon, for non payment of the said duties and forfeiture, and for the said damages to commit the said offenders in this behalf to the next gaol within the same County there to remain till the said duties, forfeitures and damages be duly paid to the said labourer or cloth-maker. And also that every of the said justices of P. Maior, Master, Warden, bailiff, or bailiffs, portreve, and steward or Wapentake and Leete upon the information or complaint of any other person, which is not grieved in this behalf, shall have power by the said authority within his jurisdiction to cause the party to come before him, against whom such Information or complaint shall be made for offending this ordinance, and to examine them in and upon the matter contained in the same information or complaint. And if the party by examination or other due proof be found guilty or defective, that then the same party, as often and for every time that he is so found guilty or defective shall forfeit to the King or to such person or persons which is or be entitled, to have fines, or amerciaments for offences done within there jurisdiction three shillings and four pence. And that every of the said justices of peace and other officers aforesaid within their jurisdiction upon every of the said Informations or complaints shall have full power to make like process against the party, upon whom any such Information or complaint, as before is rehearsed, shall be made to cause him personally to appear before him, thereupon to be examined as justices of peace have upon Information or complaint made to them for surety of the peace without any Fee or reward to be taken or had by any of the said justices or any other officer in this party for the execution of their offices in this behalf. Constables. CHAP. 8. 1. EVery justice of peace may cause two Constables to be chosen in each hundred or barony. And this is to be understood of the high Constables of hundreds, and it is employed of congruence that he swear them, 13. Ed. 1. ca 6. and this seemeth to be by virtue and force of the statute of Winchester, made 13. Ed. 1. and of the first Assignavimus of the Commission of the peace. 2. 13. Ed. 1. ca 6. Note that these Constables of hundreds were first ordained by the said statute of Winchester, tempore Ed. 1. And they were to make view of armour twice every year, and to present before justices assigned, defaults of Armour, of Watches, of highways, and of Hue and Cry, and also all such as lodged strangers, for whom they would not answer. 3. See stat. 4. Ed. ●. ca 3. & 10. Petty Constables (in Towns and parishes) were after devised for the aid of the Constables of the hundred, viz. about the beginning of the reign of K. E. 3. as appeareth by Master Lambert, in his book of the duties of Constables, pag. 9 4. The choosing and swearing of these petty Constables is reputed properly to belong to the Court Leet: One justice. yet we find it usual and warranted by common experience that every justice of Peace doth also swear them. 5. And here for the better choosing of these Constables, you shall understand that the law requireth that every Constable be Idoneus homo, Co. 8. 41. that is, apt and fit for the execution of the said office, and he is said in law to be Idoneus who hath these three things, honesty, knowledge, and ability. 1. Honesty, to execute his office truly without malice, affection or partiality. 2. Knowledge, to understand what he ought to do. 3. Ability, aswell in substance or estate as in body, that so he may intent and execute his office diligently, and not through impotency of body or want to neglect the place. 6. And if any shall be chosen Constable which is not thus enabled and qualified, he may by Law be discharged of his said office, and another fit man appointed in his place. 7. Also by a statute made in Ireland in the fifth year of the Reign of King Edward the fourth, it is ordained that in every English Town of this land that hath more than three houses holden by Tenants, where no other precedent is, be chosen by his neighbours, or by the Lord of the same Town, one Constable to be precedent and governor of the same Town, Co. 8. 42. 5. Ed. 4. ca 5. in Ireland. in all things that pertaineth to the common rule of the same Town, as is in ordinance of night watch from Michaelmas to Easter yearly, under pain of three pence every night, and also to ordain one pair of Butts for shooting within the Town or well near, upon the Costs and labour of the said Town under pain of two shillings from one month to other after the publication hereof till the Constable be made and the Butts also, and that every man of the same Town, in such hour as the Constable or his Deputy of his neighbours will assign, that is betwixt threescore and sixteen years of age muster before the Constable or his deputy at the said Butts and shoot up and down three times every feast day betwixt the first of March and the last day of july, under pain of one half penny for every day, and that all these pains believed of their goods or wages from month to month by the Constable to be spent in strengthening of the same Town, or otherwise in his default to be levied by the Warden of the peace, and that the pains lost be spent upon the Towns where the said pains riseth. 8. Also by a statute made in Ireland in the tenth year of King Henry the seventh it is ordained, That every subject having goods and Chattels to the value of Ten pounds, have an English Bow and a sneafe of Arrows according, every subject having goods to the value of 20. l. have a jacke, Salad, and English Bow, and a sheaf of arrows, every Freeholder having land to the value yearly of four pounds, have his horse, jacke, Salad, Bow and Sheafe of Arrows, every Lord, Knight, and Esquire within the said land have for every yeoman daily in their household, jacke, Salet, Bow, and Arrows, to the intent that all the Commons of the said land may be able to do the King or his Lieutenant service for their own defence and surety, And that if the foresaid persons or any of them do not observe and perform the premises, as it is before specified, that then they and every of them do forfeit to the King 6. s. 8. d. as often times as they and every of them shall offend the foresaid ordinance: And likewise that there be in every Barony within every Shire of the said land two Wardens of peace having authority, as it hath been used of old time, and in every parish Constables of able persons, inhabitants within the said parishes, and a pair of Butts to be had within every of the foresaid parishes, at the cost of the said parishioners, that the Commons of the said land may the sooner attain the practice and experience of Archers, And that the foresaid Constables in every parish upon pain of forfeiture of 12. d. at every default, do call before them or one of them every holy day all and every of the foresaid persons, having Bows and Arrows, as afore is rehearsed, 10. H. 7: ca 9 in Ireland. to shoot, and cause them to shoot at the least two or three games at the said Butts, and if any of the said persons make default at any holy day without a reasonable cause showed that then the said Constables have full power and authority to record their defaults and amerce them and every of them at every such default in 4.d. and the said Constables to present the said amerciaments in writing to the Barons of the King's Exchequer in the said land to be levied and perceived in like manner and form as the King's Revenues have been levied there. Felony. CHAP. 9 1. EVery justice of peace by force of the first Assignavimus of the Commission may cause fresh suit Hue and Cry, and search to be made by the Sheriff, bailiffs, Constables, and others, upon any Treason, robbery, theft, or other felony, and also may cause the Constables to arrest and to imprison all such as shall be suspected of such Treason or felony, or to be Thiefs, Murderers, or Felons. 2. Also every justice of peace may and must take the examination of all such felons or persons suspected of treason or felony as shall be brought before him, 10. Carolica. 18. and must also take information against them (of those that bring them) sc. of the fact, and of circumstances thereof, and must put in writing such examinations and informations, or so much thereof as shall be material to prove the felony, and must certify them to the next general gaol delivery, and after such examination and information taken, then must commit such traitors or felons to the gaol, if they be not bailable; but if they be bailable, then there must be two justices together, the one of them of the Quorum to bail them, or else they cannot be bailed. 3. The justice of peace that taketh the examinations must by recognizance bind the Informers that do declare any thing material to prove the felony or treason, to appear and give evidence against the fellow at the next general gaol delivery, to be holden within the County, City, or Town corporate, where the trial of the said offence shall be. Stamf. 58. Li. intr. 385. Co. 9 118. 4. The justices of peace in the County of Dublin as well by virtue of their Commission, as also by force of the statutes of 18. E. 3. 2. 34. Ed. 3. 1. & 17. R. 2. 10. have authority to hear and determine all felonies; for the words of the Commission to that purpose are, Audiendum & terminandum, & ad delinquentes castigandum & puniendum. 5. Also there be diverse statutes which by special words did ordain that the justices of peace should have authority at their general quarter Sessions to inquire of, hear and determine certain felonies, As the statutes 18. H. 6. 19 and 1. Ed. 4. for felonies presented before Sheriffs in their Turns or law days. Cromp. 5●. 6. And yet there be some felonies, which the justices of peace cannot hear or try at all, neither can they inquire thereof, nor otherwise deal therewith, as it seemeth, as namely. ●. H. 6. ●2. 12. Co. 11. 34. 7. Embeazelling of any record, writ, return, panel, process or warrant of Attorney in the Chancery, Exchequer, the one bench, or the other, or in the treasury, whereby any judgement shall be reversed, Every such offence is made felony in such imbezellor, stealer, or taker away, and in their procurors, Counsellors and abettors by the statute of 8. H. 6. But such offences are by the same statute appointed to be tried by a jury, whereof the one half shall be of the men of the same Courts, and before the judges of the said Courts of the one Bench, or of the other. 2. R. 3. fo. 10. 8. Razing of any such record is also felony within the said statute of 8. H. 6. and to be tried as aforesaid, Br. Coro. 174. 9 Forging of any deed or writing sealed, or of any Court Roll, will or acquittance; Or to cause or assent to be made any such forged writing, or to publish or show forth in Evidence any such forged writing, knowing the same to be forged. If any person being once lawfully convicted of any of the said offences, shall afterwards commit any the said offences again, 2●. El ca 4. in Ireland. every such second offence is made felony by the statute of 5. El. ca 24. in England; But by the same statute such offences are to be inquired of, heard and determined by and before justices of Oyer and Terminer, and justices of Assize, which statute is enacted in Ireland in Anno 28. El. ca 4. 10. And therefore whereas one R. Smith was indicted at the Session's of the peace in the County of Oxford upon the said statute of 5. Elizab. for forging of a false deed, it was adjudged by the whole Court in the K. bench Anno 30. Co. 9 118. Elizab. that the said indictment was not well taken. For although the justices of peace by their Commission have power (of Oyer and Terminer) to hear and determine felonies, and trespasses, etc. And have in their said Commission an express clause ad audiendum & terminandum, and so are justices of Oyer and Terminer, yet it was resolved by the Court, that forasmuch as there is a Commission of Oyer and Terminer known distinctly by that name, and the Commission of the peace is known distinctly by another name, that the said indictment taken before the justices of the peace at their Sessions was not well taken, and therefore it was quashed. 11. The reason of this last case and judgement seemeth to hold in the former cases, and in all other like cases where any statute doth specially give authority to any other distinct Court, or to other justices or Commissioners (leaving out the justice of peace) to inquire of, hear and determine, or to try felons, etc. there the justices of the peace at their Sessions cannot inquire thereof, etc. 12. Against servants imbeazelling, or taking away the goods of their deceased master, the executors of the party deceased may have a writ directed to the Sheriff to make open proclamation two market days, that such offenders shall appear in the K. Bench at a certain day, And if such writ be returned and proclamation is thereupon made accordingly, than if the said persons which should appear by reason of the said proclamation, do make default, 33. H. 6. ca 1. and do not appear in the K. Bench at the day specified in the said writ they shall be attainted of felony by the statute of 33. Hen. 6. So that such offence of servants embeazelling their said masters goods, beginneth first to be felony upon their default of appearance in the King's Bench after proclamation; Of which default the justices of peace cannot take notice, for that they have not before them the record of such default or not appearing, and therefore the Iu. of P. cannot inquire of such felony. 13. But in the former cases, if any such offendor shall be brought before any Iust. of peace, and charged with any such felony, quare how fare the justice of peace is to deal or what he is to do therein, considering the justices of peace are no judges of such felonies, neither have they any jurisdiction given them by the statutes in such cases. Nevertheless, I conceive it to be both serviceable and safe for the justice of peace not only to examine the offence, and the circumstances thereof, and then to certify those examinations to such persons as by the statute are made judges of the cause, but also to commit such an offendor to prison, 10. Caroli ca 1●. in Ireland. and to bind over the Informers to give Evidence, and this I conceive to be warranted by the statute of 10. Caroli ca 18. in Ireland. 14. Again, if a man had been feloniously stricken, poisoned or bewitched in one County, and after died thereof in another County, by the common Law no Indictment could be thereof taken in either of the said two Counties, for that the jurors of the County where such party died could not take knowledge of the said stroke, poisoning or bewitching, (being in a foreign County.) Nor the jurors of the County where the stroke, poisoning or bewitching was committed, could not take knowledge of the death in another County: 10. Caroli. ca 1●. in Ireland. But now by the statute of 10. Caroli ca 19 an Indictment thereof found by jurors of the County where the death shall happen (whether it shall be found before the Coroner, or before justices of peace, or other justices, etc. shall be good and effectual in Law, and that the justices of gaol delivery, and Oyer and Terminer in the same County where such indictment shall be taken shall and may proceed upon the same, as if such stroke, poisoning or bewitching, and death had been all in one and the same County. 15. Also where Felons had rob, or stolen goods in one County, and after conveyed the spoil, or goods so stolen into another County to their adherents there, 10. Caroli ca 19 in Ireland. who knowing of such felony, received the same goods; In which case although the principal were after attainted, the accessary notwithstanding escaped, by reason that he was accessary in another County. And that the jurors of the said other County by the common law could take no knowledge of the principal felony in the first County. But now by the said statute it is enacted that where any murder or felony shall be committed and done in one County, and other persons shall be accessary, in any manner, to any such murder, or felony, in any other County, That an Indictment thereof, found or taken against such accessary, Co. 9 117. before the justices of peace, or other justices, etc. in the County where such offence of accessary shall be committed, shall be good and effectual in law, And that the justices of Gaol delivery, or Oyer and Terminer, of or in such County, where the offence of any such accessary shall be committed, shall write to the Custos Rotulorum, where such principal shall be attainted, or convict, to certify them whether such principal be attainted, convicted, or otherwise discharged of such felony, And thereupon the Custos Rotulorum, shall make certificate in writing under his seal, to the said justices accordingly, and then the justices of Gaol delivery or Oyer and Terminer, shall proceed upon every such accessary in the County where such accessary became Accessary, as if both the principal offence, and accessary had been committed and done in the said. County where the offence of accessary was committed. 16. So as by the letter of this last recited statute the jurisdiction over these last recited felonies, and over such Accessaries is not committed to the justices of peace to proceed to the trial of them; But this authority is committed to the justices of gaol delivery or of Oyer and Terminer, yet the justices of peace may examine these offences, and take information against the offenders and certify the same to the next general gaol delivery and may bind over the Informers and commit the offenders, Also the justices of peace may inquire thereof, and take indictments against them as in other cases of felony. 17. Lastly the justices of peace (at their Sessions) cannot make trial of such as be indicted of Felony, before Coroners or before the justices of gaol delivery or of Oyer and Terminer, unless the same persons (scilicet, the said Coroner, justices of Gaol delivery, Lamb. 530. or of Oyer and Terminer) were also justices of peace in the same County, so as the indictment may be understood to be taken by them as before justices of the peace, For the Commission of the peace, and the authority of justices of the peace, extendeth only to try such as stand indicted before themselves or before former justices of the P. or before the Sheriff in his Turn of the Steward in a Leete. See the statute 1. Ed. 4. cap. 2. for indictments taken in the Sheriffs Turn and for Indictments taken in a Leet. See. Br. tit. Leet. 1. 18. But now to return to the business of the justices of peace out of their Sessions. If one shall bring a man suspected of Treason or felony before any Iust. of P. but refuseth to be bound to give Evidence against the prisoner either at the general gaol delivery, or quarter Sessions, as the case shall require, If such bringer hath given Evidence before the said Iu. against the prisoner, or can declare any thing material to prove the felony and will not, Cromp. 100L. b. the justice of peace (upon his discretion) may commit to prison such person so refusing, or may bind him to his good behaviour, But if the bringer of a person suspected of felony cannot declare any thing material to prove the felony nor any other person then present, the justice ought not to commit the prisoner, yet the justice of peace shall do well to examine the prisoner, and if he shall confess the felony then to commit him, Or if upon his examination, there shall appear any just cause of suspicion, Or if the prisoner be a man of evil fame, and that there be a felony committed in these cases, the justice shall do well not to let him go, but at least to bind him over to the next gaol delivery, and in the mean time to take further information against him. Now forasmuch as it appeareth that a great part of the office of a justice of p●ace is to be exercised in the apprehending, examining, and committing of felons, it will be necessary to know first what offences are felony by the common Law, And in the next place to set forth what offences are felony by the statute Laws. Felonies by the Common Law. CHAP. 10. 1. FElonies by the Common Law are of divers sorts, as Homicide, Burglary, Theft, burning of houses, Rescous and escape. 2. Homicide Homicide. most properly is, hominis occisio ab homine facta, for if a man be killed by a beast (as a horse or dog) or by any other thing or mischance, although that be hominis cedium of which two words Homicide is derived, yet in such cases it is not aptly nor usually said that homicide is committed, but only a man is said to be slain. 3. Others do thus define or describe it, Homicide is the felonious kill of one man by another within the Realm and living under the King's protection. 4. But to kill a man beyond the Seas, or to strike and give one a mortal wound beyond the Seas, or upon the Sea, whereupon he dyeth upon the land (within this Realm) these homicides are not punishable as felony by the common Law, for that they cannot be inquired of nor tried here, 10. Caroli ca 19 in Ireland. for in criminal causes the rule is ubi quis delinquit ibi punietur. But now by a statute made in 10. Caroli ca 19 it is otherwise, and by that statute these offences are felony, and shall be tried here. 5. But whether he that is slain, be an Alien, or a Denizen, an Englishman or stranger, it maketh no difference, if he live under the King's protection. Co. 7. 13. 14. Cromp. 24. 6. To kill a man attainted (by verdict or by outlawry, or otherwise) of any murder, felony or Treason, is felony: For none may kill, or put to death any of these, but the Officer of justice, and that by warrant. See Doct. & Student. f. 133. 7. To kill the King's enemy is no Felony, And by the statute of 25. E. 3. ca 22. to kill a man attainted upon a praemunire is not felony, but by a statute made in England in 5. El. ca 1. it is declared to be Felony to kill one that is attainted in a Praemunire. 8. Also to kill a man that hath abjured the realm, is Felony. See Co. 7. 9 b. and the Doct. and Student, fol. 133. 9 Note that the King's protection belongeth by the law of nature to all these, Co. 7. 14. and the King may protect and pardon them all. Homicide is threefold Voluntate, & est duplex Murder, Manslaughter or Chancemedley. Casu or misadventure, this also is considerable after two sorts: sc. whether it happen in doing a thing lawful or unlawful. Necessitate, this is sometimes 1. Commanded, sc. in execution of justice. 2. Tolerated, 3. Prohibited, for advancement of justice. Se defendendo. Felo de se. 10. But first to write something of Felo de se. Dyer. 262: Plo. 261. 11. If a man kill himself (either with a premeditate hatred against his own life, or out of discontent, or other humour) he is called Felo de se, and he shall forfeit to the King his goods and Chattels real and personal, and his debts due to him by specialty, Stamf. fo. 188. Co. li. 4. fo. 95. and also debts due to him without speciality, or upon simple contract and yet Dyer 262. 16. Ed. 4. 7. are that debts upon contract shall not be forfeited, but Stamford, fo. 188. and Co. li. 4. fo. 95. resolve that debts upon contracts shall be forfeited. 12. But he shall not forfeit his lands: Fi. Coro. 301. Plo. 261. neither shall his blood be corrupt, See Fitz. Coron. 362. & 426. 13. If a man do give himself a deadly wound, and dyeth thereof within the year and a day after, Plo. 262. All his goods &c. which he had the time of the blow given, or at any time after, shall be forfeited to the King. 14. Yet the goods of felo de se, Co. ●. 110. 21. H. 7. 33. be not forfeited till his death be presented and found of record; neither can these goods be claimed by prescription by Lords of liberties, etc. but by the Kings grant, because the King is entitled by matter of record. 15. If A. do strike B. to the ground and then draweth his knife to kill B. and B. lying upon the ground, 44. Ed. 3. 44. draweth his knife to defend himself, and A. is so hasty to kill B. that he falleth upon B. his knife, Fitz, Cor. 94. and so A. is slain, here A. in a manner is Felo de se, And yet shall not A. forfeit his goods in this case, See 44. Ass. p. 17. Br. Cor. 12. & 14. 16. If one that wanteth discretion, killeth himself (as an Infant, Stamf. 19 co. 1. 9●. Plo. 269. F. Cor. 342. Co. 4. 125. or a man non compos mentis) he shall not forfeit his goods, etc. 17. If a lunatic person killeth himself he shall forfeit his goods (sc. if he killeth himself out of his lunacy) otherwise if he killeth himself during his lunacy. 18. The enquiry of such a felony, belongeth to the Coroher; And yet if Felo de se be cast into the Sea, Co. 5. 110. or so secretly buried that the Coroner cannot have the sight of his body and so cannot inquire thereof, than the justices of peace, or any other having authority to inquire of felonies, may inquire thereof (For that it is felony) and a presentment thereof found before them entitleth the King to his goods. Murder. CHAP. 11. 1. OF old time every kill of one man by another was called Murder Murder. (of the effect) because death ensued of it; Afterward murder was restrained to a secret kill only and therefore Bracton and Britton in their definition of murder call it, Plo. 261. Stamf. 18. Occulta occisio nullo praesente, etc. But since Murder hath been and is taken in a middle degree neither so largely as it first was, Plo. 261. nor so narrowly as Master Bract. and Britton speak of it, For murder is now construed to be, when one man upon malice prepensed doth kill another feloniously, viz. with a premeditate and malicious mind whether it be openly or privily done, 10. ●. 7. ●●. ●1. in Ireland. this by the common Law is felony of death and now by a statute in Ireland made in Anno 10. H. 7. it is high Treason. 2. This malice precedent or prepensed may be either apparent (as where there was a precedent falling out; Or where there is a lying in wait, or a time and place appointed, etc. Or it may be less apparent or manifest, and yet shall be employed presumed, and taken to be out of malice precedent by the manner and circumstances thereof. Co. 9 67. 3. As where one killeth another without any provocation, the Law implieth and adjudgeth it to have proceeded of malice prepensed, Cromp. 23. 27. Therefore if one suddenly, and without any show of quarrel, or offence offered, shall draw his weapon and therewith kill another; Or if one shall be reading of some book, or otherwise busied, so as he saw not the party that shall stab or strike him (and he dyeth thereof) or shall be going over a style, 10. H. 7. c●. 11. in Ireland. etc. and another shall kill him, such offenders shall suffer death as in case of wilful murder, But the offence of wilful murder by the said statute made in Ireland in 10. H. 7. is made high Treason: as is before expressed. Co. 4. 40. & 9 66. 68 4. To kill the Sheriff or any of his officers in the execution of the King's process, or in doing their office, is murder in him that killeth the officer. 5. But if he be not an officer known, he must show his warrant before he arrest the party, Co. 9 69. or upon the arrest (if the other shall demand to see it) or else it seemeth the arrest is tortuous; And where the arrest is tortuous (be it by an officer known, or by another) there, the kill of him that maketh such an unlawful arrest is no murder, but manslaughter only. Co. 9 65. 6. Again, where an officer hath the King's writ, or other lawful warrant, though it be erroneous, yet in the executing thereof, if he be slain, this is murder. For the officer is not to dispute of the validity of his warrant, Co. 9 68 or the authority of the Court, or of the justice of peace that sent the warrant. 7. To kill any Magistrate, or Minister of justice in the execution of their office, or in keeping the peace (according to the duty of their office, Co. 4. 49. & 9 68 ) is murder, and the law implieth it to be of malice prepensed. And therefore if the Sheriff, justice of peace, high Constable, petty Constable, watchman, or any other minister of the Kings, or any that come in their aid be killed in doing their office, this is murder. 8. If the Sheriff, or justice of peace come to suppress Riotters, and one of the Sheriff or justice's company is slain by one of the Riotters, 22. Eli●. Cromp. ●3. this is murder in all the Riotters that be there present. Co. 4. 40. 9 A Constable with others to aid him, do come to part an Affray, if the Constable or any of his company shall be slain in doing this his office, it is murder in him that killed him, although the Affray were on the sudden, and though it were in the night, for when the Constable commands them in the King's name to keep the peace, although they cannot know him to be a Constable, Co. 9 66. yet at their peril they ought to obey him upon such commandment. 10. And in these cases, the kill of such officers or of any of their company, is in law intended to be of malice prepensed, sc. that the murderer had a malicious resolution in him to oppose himself against the Law, the officers thereof, and the justice of the Realm. 11. Also if a Thief that offereth to rob a true man, Plo. 474. killeth the true man in resisting him, it is murder, of malice prepensed. Plo. 474. Co. 9 67. 12. A man carried his Father (being sick) and against his will (in a frosty and cold time) from one Town to another, 2. Ed. 3. 18. and the Father died thereof, this was adjudged murder in the Son. 13. A harlot delivered of a Child, hide it in an Orchard, 2. Eliz. Cromp. 24. it being alive, and covered it with leaves, and a Kite stroke at it, and the child died thereof, and the mother was arraigned and executed for Murder. 14. And in these two last cases, Voluntas reputabitur profacto, death ensuing thereupon, for it may plainly appear that they had a will and meaning of that harm which followed, which will in them doth amount to malice, and so maketh their offences to be murder: And in such cases where death ensueth, Nihil interest utrum quis occidat, an causam mortis praebeat. 15. A man dyeth in the hand of a Physician or Surgeon, F. Cor. 163. this is no felony in the Physician or Surgeon. But if one which is no Physician, or Surgeon will take a Cure upon him, 43. Ed. 3. 32. and his patient dyeth under his hand, this hath been holden to be felony; but I cannot conceive it to be felony, for it cannot be discerned whether the patient's death cometh by any wilful default in the party, or by the patient's infirmity, again there appeareth in them no will to do harm, but rather to do good; and therefore it would be a hard construction to make it Felony. But if a Smith or other person (having skill only in dressing or curing the diseases of horses or other Cattles) shall take upon him the cutting, or letting blood, or such like cure of a man, who dyeth thereof, this seemeth to be felony, for the rule is, Quod quisque norit in hoc se exerceat. 16. Two playing at Tables fall out in their game, Cromp. 23. and the one killeth the other with a dagger suddenly, this was holden murder in one Emeryes case, before Bromeley at the Assizes in Cheshire about 27. El. as Master Crompton reporteth. 17. The husband upon words between him and his wife, suddenly struck his wife with a Pestle, whereon she died, Cromp. 25. and it was adjudged murder at the Assizes at Stafford before W●mesly. 43. Eliz. 18. A. hath wounded B. in fight, and after they meet suddenly a●d ●●●t again, and B. killeth A. this seemeth murder, and malice 〈◊〉 intended in B. upon the former hurt, but now if A. had killed 〈◊〉 seemeth but Manslaughter in A. for his former malice shall be thought to be appeased by the hurt he first did to B. unless A. gave the first assault, but if A. made the first assault without any new provocation that shall be intended to be in pursuit of the former malice, and then it shall be adjudged murder, so if two are in suit and they meet suddenly and quarrel about the suit, and the defendant killeth the plaintiff, this seemeth to be but Manslaughter and not murder. 19 Also wilful killing of another, by poison was and is murder, by the common Law, See Stamf. 21. & Br. Indictment. 41. Plo. 474. 20. The husband gave a poisoned Apple to his wife to the intent to kill her, and she not knowing of it gave it to her child, who died thereof, this is murder in the husband, and yet he loved that child dear: and so had it been if a stranger of his own accord had after eaten thereof and died thereof, for the putting of poison into the apple etc. upon an evil and felonious intent, Co. 9 81. maketh it murder, whosoever be killed thereby. 21. A. bringeth drink that was poisoned (knowing of it) to B. who advised B. to drink of it, Co. 4. 16. telling him it would do him much good, by reason of which persuasion, B. drunk of it (in the absence of A.) and died thereof, this was adjudged murder in A. Cromp. 30. 22. If one giveth corrupt victual to another to the intent to poison him, and he dyeth thereof within the year and day, this is murder. Co. ●. 81. But if a man shall prepare Rat's bane, etc. to kill Rats and shall lay this in certain places to that purpose, without any evil intent, and another man finds and ears this, and dyeth thereof, yet this is no felony; for by the common Law there cannot be a felony without a felonious intent. 23. The master upon malice precedent, goeth to kill another and taketh his fervants with him (but they know nothing of their master's intent) and the master and his servants do meet the other, Plo. 100 and do assault and kill him, this is murder in the master, and but manslaughter in the fervants. 24. Note that when a man hath malice to one, and intending and endeavouring to kill him, Plo. 47 4. he killeth another man, this is murder whomsoever he killeth, vide Plo. 101. Dyer 128. Fitz. Coron. 262. Stamf. 16. for his intent was to do murder. F. Cor. 262. Dyer. 128. 25. If two fight upon malice prepensed, and in their fight a stranger (that would part them) is killed, this is murder in them both, if it may not be proved which of them did kill him. Plo. 474. 26. A man upon malice shooteth at one, or lieth in wait to kill one, and killeth another unwittingly, in both these cases it is murder. 27. Note also that in all cases where a man cometh or goeth about to do any thing unlawfully, as to kill, beat or disseise another, or to do any other Trespass, and in doing this, he killeth any man, this is murder, See Cromp. 24. B. Cromp. 24. 28. One stealing Pears in another man's Orchard, and the owner came and rebuked him, and the other killed him, this was adjudged murder. 4. Maria. 29. Also where a man commandeth another to beat A. and he beateth him, so as A. dyeth thereof, Plo. 475. F. Coro. 314. this is murder in him that gave this commandment to beat him, for that he commanded him to do an unlawful Act, by reason whereof, the kill of a man ensued. 30. Br Cor. 272. F. Coro. 350. Co. 11. 5. Note also that if divers persons come in one company to do any unlawful thing, as to kill, rob, or beat a man, or to commit any Riot, or Affray, or to do any other Trespass, and one of them in doing thereof killeth a man, this shall be adjudged murder in them all that are present of that party, although they did but look on, etc. See Stamf. 40. Fitz. Indictment 22. Nay if they be not present, yet if they be in the same house, or upon the same ground, it is murder in them all. See the Lord Dacres case. Crom. 25. 31. Note also that all that are present, aiding, abetting, Plow. 100 or comforting to another to do murder, are principal murderers, although they shall give never a stroke, See, morc 4. H. 7. 18. 13. H. 7. 10. Fitz. Coron. 309. Co. 9 67. 112. & 115. 32. As if A. and B. fall out and appoint the field, and they meet accordingly each of them bringing company with them, A. killeth B. this is murder in all those that came with A. 33. Note also that in case of murder, it is not material who giveth the first blow; for if he that is slain gave the first blow, yet if there were malice prepensed in the other, it is murder in him that killeth him. 34. Also in case of poisoning, Coron. 303. the party poisoned must dye thereof within a year and a day after the poison received, or else it is not felony, Also if a man do beat or hurt another, whereof he dyeth, to make it murder or other homicide, the party hurt must dye within a year and a day next after the hurt done or struck given. Co. 4. 4●. But to have an appeal it shall have relation to the death and not to the stroke, so as the appeal must be brought within the year after the death and not after the stroke. 35. F Coro 26●8 Stamf ●● c. See Exo. 21.22.23. ●t was death by the Law of God. Br Coron. 68 91. Note also in murder or other homicide the party killed must be in esse (sc. in rerum natura) For if a man hurteth a woman with child whereby he killeth the Infant in his mother's womb by our Law, this is no felony, neither shall he forfeit any thing for such offence, and whether upon a blow or hurt given to a woman with child, the child dye within her body or shortly after her delivery, it maketh no difference, yet Master Bracton took it to be homicide, if the blow were given postquam puerperium animatum fuerit. But if the mother of the child dye within a year and a day after such hurt done to her, and upon that hurt, this is felony. 36. In cases of murder or poisoning, 28 El. ca 8. in Ireland. the offenders shall not have the benefit of Clergy, for that these offences are Treason in Ireland, and likewise for witchcraft the offendor shall not have Clergy. 37. Note also that by the Law of God no recompense was to be taken for the life of a murderer. Numb. 35.31. 38. And by divers old statutes, no Charter of pardon ought to be granted to any person in case of murder, 13. R. 2. c. 2. P. Pardon. 3. Plo. 501. or other homicide, save only where a man killeth another in his own defence or by misfortune, See P. pardon. 1. See all the statutes of 6. Ed. 1. c. 9 2. E. 3. ca 2. 4. E. 3. See the 2. stat. 13. R. 2. 1. c. 13. & 14. E. 3. c. 15. And by our Law at this day a pardon of all felonies will not discharge murder, except the pardon be with a Non obstante or that murder be expressly mentioned in the pardon. Neither will a pardon of all felonies discharge a man that is attainted of felony, except also the attainder and the execution be pardoned. See 9 Ed. 4. 29. Co. 6. 13. b. 39 Note that he which hath a pardon for felony, if he hath not found sureties for the good behaviour, or if afterwards during his life, he shall break the peace, such pardon shall be holden for none, but that he may be hanged, notwithstanding his pardon, for by the pardon, 3. H. 7. f. 7. the offence, tegitur non tollitur, See the statute 10. Ed. 3. ca 3. P. Pardon. 5. & 3. H. 7. 7. where one was executed upon this statute, for making an Affray after his pardon. Br. Coron. 134. 27. H 8. 25. P. erer. 17. 40. None have authority to pardon any Treason, murder, or other felony, or accessary to the same save only the King, it being one of his royal prerogatives. Manslaughter. CHAP. 12. 1. MAnslaughter, in the right signification thereof, implieth all manner of homicide and is the general, as well to murder as to the rest, Nevertheless for that in common speech it is restrained to Manslaughter by Chancemedley alone, in that sense I will here write of it. 2. Manslaughter, otherwise called Chancemedley, is when two do fight together upon the sudden, and by mere chance without any malice precedent, and one of them doth kill the other, this also is felony of death. And yet in case of manslaughter the offendor shall have the benefit of Clergy, and by the Law of God there was a City of refuge appointed for such to fly unto. Exod. 21.13. Deut. 19.3.4. 3. Two fall out upon the sudden and fight, and the one breaketh his weapon, Cromp. 26. and a stranger standing by (yet being none of their company) dareth him a weapon, and therewith he killeth the other, this is Manslaughter as well in him that killed the other as in the stranger who lent him his weapon. 4. A. and B. fall out upon the sudden, and fight, and A. is so fierce that he runneth upon the others weapon and is slain, Stamf. 16. a. yet this seemeth manslaughter in B. unless he were flying from A. for he should have fled to some wall or strait, or at least, so fare as he might without danger of his life, but if B. had fled to a wall, or so fare as he might, and A. pursueth him, and B. perceiving that he would assault him, holdeth his weapon between them, and A. runneth upon the weapon and is slain, this is homicide in his own defence, and for which B. shall forfeit only his goods. 5. Two combat together upon the sudden, and part, and presently after meet and fight again, and the one killeth the other, or the one presently fetcheth a weapon, and cometh and killeth the other, these seem but manslaughter, for that it is done all in one continuing fury, which was at the first without malice, and could not in so short a time be appeased, or assuaged, Cromp. 23. b. 24. A. 26. A.B. 6. So if two have borne malice the one to the other and be reconciled, and after meeting again, they fall out upon new occasion and by agreement immediately they go into the field and fight, and the one killeth the other, this is but manslaughter (causa qua supra) unless the respite or distance of time or place had been such that by reasonable conjecture their heat might be assuaged. What persons may be charged with homicide, and what not. CHAP. 13. 1. IF one that is Non compos mentis, or an Idiot, kill a man, Non compos mentis. this is no felony; for they have no knowledge of good and evil, nor can have a felonious intent, nor a will or mind to do harm, Fitz. N. Br. 202. And no felony or murder can be committed without a felonious intent and purpose. For it is called felonia, quia fieri debet felleo animo. Co. 4. 21. H. 7. 33. Blow. 19 Co. 4. 1. 4. 124. b. 2. So it is if a Lunatic person killeth another during his lunacy (Coke 4. 125.) for all Acts done by him in lunacy are as the Acts of an Idiot. 3. Now there be three forts of persons accounted, Non compos mentis, to this purpose, and the like. 1. A fool natural, who is so, (à nativitate) from his birth, Co. 4. 124. and in such a one there is no hope of recovery. 2. He who was once of sound and good memory, and after (by sickness, hurt, or other accident, or visitation of God) loseth his memory. 3. A lunatic, qui gaudet lucidis intervallis, and sometimes is of good understanding and memory, and sometimes is Non compos mentis. 4. An Infant of eight years of age, or above, Infants. may commit homicide, and shall be hanged for it, viz. If it may appear (by hiding of the person slain, by excusing it, or by any other Act) that he had knowledge of good and evil, and of the peril and danger of that offence. Plow. 19 See 3. H. 7. 1. & 12. Stamf. 27. Fitz Coron. 118. 126. & Br. Coron. 133. 136. But an Infant of such tender years, as that he hath no discretion or intelligence, if he kill a man, this is no felony in him. 3. H. 7. i. b. 26. Ass. p. 27. Br. Coron. 101. 5. If one that is only dumb killeth a man, it is felony, yet he cannot be arraigned, but shall continue still in prison. F. Coro. 193. Stamf. 16. 6. A man borne deaf and dumb killeth another, that is no felony, for he cannot know whether he did evil or no, neither can he have a felonious intent. 7. Note in these former cases of homicide committed by persons being Non compos mentis, Plo. 19 Co. 4. 125. or wanting discretion such things happen, by an involuntary ignorance, and therefore the law accounteth such Act of theirs to be no felony, But if a man that is drunk, killeth another, that is felony, for it is a voluntary ignorance in him, in as much as such ignorance cometh to him by his own Act and folly. Homicide by misadventure. CHAP. 14. 1. HOmicide by misadventure Misadventure. or misfortune, is when any person doing any lawful thing, without any evil intent happeneth to kill a man, by the law of God there was a City of refuge appointed for such persons to fly unto, Numb. 35.15. & 22. Iosh. 20.3. And by our law now, this is no felony of death, for he shall have his pardon of course for his life and lands, but yet he shall forfeit his goods, in regard that a subject is killed by his means. See Stamf. 16. a. b. Fitz. Coron. 69. 302. 354. As if a Schoolmaster, in reasonable manner beating his scholar for correction only, See Exod. 11. 20. 21. or a man correcting his child, or servant in reasonable manner, and the scholar, Stamf. 12. c. child or servant happen to dye thereof, this is homicide by misadventure. ●1. H. 7. 29. 6. E. 4. 7. 2. So if a man shooting at Butts, pricks, or other lawful mark, and by the shaking of his hand or otherwise against his will he killeth one that standeth by. Or if a Carpenter, Mason or other person doth throw or let fall a stone, Br. Coron. 59 Tile or piece of Timber from an house, or wood, or other thing from a Cart, etc. (and giveth warning thereof) and another is killed thereby against his will. Or if a labourer that is falling or cropping of a Tree, 6. Ed. 4. 7. F. Coron. 398. Plow. 19 and the same or part thereof falleth and killeth a man. Or if the head of his hatchet or other tool falleth from him and happeneth to kill one standing by. Or if a man be (in due and convenient time) doing any other lawful thing, that may breed danger to such as pass by and shall give warning thereof, so that such as pass by may hear and fly the peril, and yet another passing that way shall be killed therewith. 11. H. 7. 23. See Br. Coron. 2: 9 contra. Or if men shall run at Tilt, Just or fight at Barriers together by the King's commandment, and one of them doth kill another, In these former cases and the like it is, homicide by misadventure, and no felony of death. 3. And yet in cases of misadventure, as also where one killeth another, Se defendendo by the common Law, 21. E. 3. 17. Br. Coro. 40. these offences were felony of death and the offendor should have died for the same. But now by statute such offenders are to have pardon for their life and lands, yet their goods remain forfeit as before (at the common Law) See the stat. 6. E. 1. c. 9 & 2. E. 3. c. 2. 4. Also in these cases of misadventure, Fitzh. 246. c. & 2. 8. ●. Br. Cor. 1. ce f●at. 6. E 9 4. H. 7. f. 2. a. Regi. fo. 209. and in the former cases of homicide committed by Infants, and other persons being Non compos mentis, And also where one killeth another in defence of his person the ancient course was that they shall be discharged in this manner, sc. if they desire to purchase their pardon, they must upon their trial plead not guilty (and shall give in Evidence the special matter) and then this special matter being found by verdict they shall be bailed, and then they must sue forth a Certiorari to have this record certified to the Lord Chancellor who thereupon shall make them a Charter of pardon of course under the great seal, without speaking or sueing to the King for it, See Stamf. 15. t. But now the usual course is that without any Certiorari the justices of gaol delivery make a Certificate to the Lord Chancellor and thereupon the pardon is granted of course and in the case of Infants and Non compos mentis the judges receive a verdict of not guilty, in which case there needeth no pardon neither is there any forfeiture of goods. 5. But if a man be doing of an unlawful Act, Unlawful Act. though without any evil intent, and he happeneth by chance to kill a man this is felony viz. Manslaughter at the least, Stamf 6 c. if not murder in regard the thing he was doing was unlawful. As shooting of Arrows, Stamf. 12. c. or casting of stones into the highway, or other place whither men do usually resort, So of fight at Barriers, or running at Tilt or justs without the King's commandment, whereby a man is slain, And although it were by the King's commandment yet it was holden felony by the justices Tempore. H. 8. Br. Cor. 229. 6. Playing at hand-sword, Bucklers, football, 11 H. 7. 2●. Crom. 26. b. & 29. A. wrestling and the like, where by one of them receiveth a hurt and dyeth thereof within the year and day, in these cases some are of opinion, that this is felony of death, some others are of opinion that this is no felony of death, but that they shall have their pardon of course, as for misadventure, for that such their play was by consent, and again there was neither former nor present intent to do hurt, nor any former malice but done only for disport and trial of manhood and this seemeth to be the better opinion. 7. A man casteth a stone at a Bird, or beast, Fitz Coron. 30● & 3●4. and another man passing by is slain therewith, this is but manslaughter by misadventure; And the opinion of Fineux chief justice in 11. H. 7. fol. 23. is that if a man cast a stone over a house and killeth a man, See Numb. 35. 23. Br. Cor. 229. this is no felony of death but misadventure, but this is to be understood where there was no intention of hurt to any by casting thereof, likewise some hold that to cast a stone for pleasure, and not in lawful labour, whereby one is slain, Stamf. 12. c. 16. c. is felony of death, and so was the opinion of Master Bracton and Master Stamford, but I cannot conceive it to be any other then by misadventure when it is not done felleo animo. Casual death. 8. Also a man may be slain by other casualty than by the hands or means of another man, as by the fall of a house, or tree, etc. upon him, or be killed by a Bull, Bear, or other beast, etc. or be killed by some fall which he himself taketh; And in these and the like cases observe these rules. 1. First, if a man be slain in any such manner, yet if it be by the means or procurement, or wilful default of another man, this shall be felony in the party procuring or causing it. 2. The thing which is the cause of such casual death shall be forfeit to the King as a Deodand, and distributed in Alms by the King's Almoner, but the Almoner hath no interest as it seemeth in such goods, but hath only the disposition of the King's Alms, durante bene placito, so that the King may grant them to any other, See Co. 1. 50. Dyer. 77. Flo. 260. 3. The forfeiture shall have relation from the stroke given, so as the party or owner selling thereof (sc. of such things as was cause of such death) after the stroke given, taketh not away the Kings right, but that he shall have it as forfeited notwithstanding such sale. Co. 5. 110. 4. Deodands are not forfeited, until the matter be found of record, and therefore they cannot be claimed by prescription. Co. 5. 120. F. Cor. 298. Stamf. 21. 5. The jury which find the death of the man must also find and appreise the Deodand, and the same shall be levied of the Town where it happeneth, although it were not committed to the Town to keep, and therefore it behoveth the Town to see it forth coming. See the statute de officio Coronatoris 4. Ed. 1. F. Cor. 289. Stamf. 21. 6. If he that is so slain be under 14. years of age nothing shall be forfeit to the King as Deodand for him by some opinions, but I cannot conceive those opinions to be Law. 7. And if a man that is unknown be found dead in the field, his apparel and money about him shall be given to the poor, P. indictment 27. Stamf. 21. etc. And if he were known, than his goods shall be delivered to his executors or administrators, or to the ordinary but shall not be taken as a Deodand, in either case (for they are not of the nature of a Deodand they being no cause of his death. Dyer. 77. Co. 5. 110. 8. Next what shall be forfeited and taken for a Deodand. The old rule is, Omnia quae movent ad mortem, sunt Deodanda; And yet Deodands may be of some things that a man shall move or fall from, though the thing itself moves not, Deodand quid. as to fall from a ship, Cart, Mow of Corn, or Hay, etc. So as Deodands are any goods which do cause or are occasion of the death of a man by misadventure. See Fitz. Coron. 314. 326. 341. 342. 348. 388. 389. 398. 401. 409. 9 If a man killeth another with my sword (or other weapon of mine) my weapon shall be forfeited as a Deodand. Doct. & Student, fo. 156. B. 10. The inquiry of such casual death belongeth also to the Coroner, but if the Coroner cannot have the sight of the body and so cannot inquire thereof, it seemeth the King shall be entitled to the goods by a presentment at the quarter Sessions, or at the general Assizes, or in the King's Bench, or else the King may be defrauded. Homicide upon necessity. CHAP. 15. 1. Commanded. SOmetimes the justice of Law commandeth a man to be put to death, As when the judge hath pronounced sentence of death against an offendor (attainted by due course of Law) there (in execution of justice) an officer, or other person thereto lawfully deputed may orderly execute such judgement or sentence according to his warrant, and such sentence or judgement pronounced by the judge, and after lawfully executed by the officer, leaveth the name and nature of murder, or homicide, and is called justice or rather judgement, which is the lawful execution of justice. Stamf See Do● Stu●ent fo. 133 But if the officer or other person shall proceed therein upon his own authority without warrant, or ordine juris non observato, as where an offendor hath judgement given upon him to be hanged, if the Sheriff, or other officer, etc. shall be head him or by other means put him to death, it is felony in such officer, etc. 2. Also if a stranger, Stamf. 13. being not thereto lawfully deputed shall (upon his own authority) put to death an offendor that is condemned to dye, this is felony; Nay if the judge himself who gave the judgement of death upon an offendor shall after put the same offendor to death, it is not justifiable by him. 3. Tolerated Sometimes also the justice of Law tolerateth and suffereth a man to be slain sc. for the necessary execution and advancement of justice, which otherwise should be left undone. And in such case the Law of the land imputeth it not as any fault to him that shall so kill a man, but freely dischargeth him thereof without the K. pardon. As a Sheriff, Bailiff, F Cor. 261. Stamf. 13. or any other person who hath a lawful warrant to arreast a man indicted of felony or Treason may well justify the kill of him, if he will not suffer himself to be arrested, and yield himself, and that they cannot otherwise take him. F. Cor. 261. Stamf. 13. And so every person whatsoever without any warrant may apprehend a fellow or a Traitor upon hue and cry or otherwise, and if he will not yield to be arrested, but shall resist or fly, the pursuer may kill him without blame. 4. Herewith also agreeth the Doctor and Student, lib. 2. cap. 41. saying. If any person that is no Officer, would arrest a man that is outlawed, abjured or attainted of Murder, or of any other felony, and such offend or shall disobey the arrest and by reason of that disobedience he is slain, the other shall not be impeached for his death, For it is lawful unto every man to arrest and take such persons, and to bring them forth that they may be ordered according to the Law. 5. An offendor in felony or Treason is led towards the Gaol and breaketh away from those that conduct him and maketh resistance or flieth, his conductors may justify to kill him, F. Cor. 288. & 328. if they cannot otherwise take him again. 22. Ass. 55. 6. A prisoner in the gaol attempteth to escape, and having broken his Irons, striketh the Gaoler (coming in the night to see his prisoners) and the Gaoler slayeth such a prisoner, this is no felony. 7. Riotters and such as shall make any forceible Entry or deteyner, Cromp. 23. 30. & 158. against the statutes, if they shall resist the justices of peace, or other the King's officers, or shall not yield themselves, but shall stand at their defence, when the justice of peace or other Officer shall come to arrest or remove them, if any of them happen to be slain, this is no felony in the justice of peace, or officer, or in any of their company that killeth such Riotters, etc. Cromp. 24. 30. 8. The Sheriff, or his Bailiff, or other officer cometh (by virtue of the King's process) to arrest another for debt, or trespass who maketh resistance, Doct. & Student. 133. and thereupon is slain by such officer, or any of his company, this hath been taken to be no felony. Stamf. 13. c. f. g. 9 But in all these former cases, there must be an inevitable necessity, sc. that the offendor could not be taken, etc. without killing of him. 7. H. 6. 21. 10. Also in an Appeal of felony, if the Appellant and Appellee do join to try it by battle, and therein the one doth kill the other, as the law doth allow such trial, so doth it allow the Event to be justifiable as depending upon the judgement of God, who giveth victory according to truth. Se defendendo tolerated. 11. Also when one man killeth another in the necessary defence of himself, or his, thereby to deliver himself, his possessions, or his goods, or some other persons, which he is bound to defend from peril, and which cannot otherwise escape, this is homicide tolerated upon necessity. 12. As to kill an offendor, which shall attempt feloniously to murder or rob me in my dwelling house, 24. H. 8. 50 P. Forf. 1. Coro. 103. & 305. or in or near any high way, horse-way, or footway, or that shall attempt Burglariously to break my dwelling house in the night, this is justifiable by myself, or by any of my servants or company. Co. 5. 91. & 11. 82. Exod. 22.2. And this being so found by verdict upon trial, we shall be all discharged without loss of life, lands, or goods, or pardon; For to kill a Thief or murderer in the defence of my person, my house or goods, is no felony, 26. Ass 32. F. Coron. 261. 305. & 330. but justifiable by the common Law, Stamf. f. 14. See Co. 5. 91. & 11. 82. Br. Coron. 100 102. 13. And if one or more come to burn my house, I or any of my servants, may justify to shoot forth of my house at them, and to kill them, for such intent of theirs is felonious. Prohibited. But if a man shall forceibly get, and keep possession of a house, they within cannot justify to shoot and kill him that was so put out, or any of his Company, for that they in the house were there unlawfully. See Cromp. 26. B. 14. If one cometh (in the day time or in the night) to enter into my house, pretending title thereto, and to put me out of my possession, and I kill him, this seemeth to be manslaughter in me. 15. If one cometh in the day time to my house to beat me, F. Coro. 305. and doth make an assault upon me in my house and fighteth with me, and I kill him in defence of my person, Co. 5. 91. yet in this case I shall forfeit my goods and must have the K. pardon of course, except it be found that the assailant came with a felonious intent to kill or rob me. 16. Note if one kill a true man, in defence of his person there ought to be so great a necessity, Stamf. 15. 2. that it must be esteemed to be inevitable, or otherwise it will not excuse, and therefore he that shall be assaulted by a true man, must first fly as far as he can, Co. 5. 91. 4. H. 7. 2. and till he be letted by some wall, hedge, ditch, press of people, or other impediment so as he can fly no further without danger of his life, or of being wounded, or maimed: and yet in such case if he kill the other, he shall be committed till the time of his trial, and must then get his pardon for his life and lands (which pardon notwithstanding he shall have of course) yet he shall lose and forfeit his goods, and Chattels; for the great regard which the Law hath of a man's life. Co. 5. 91. b. 17. 6. E. 1. c. ●. P. Pardon 1. A. maketh an Affray upon B. and striketh B. and B. flieth so fare as he can for saving his life, before any stroke given by B. and A. continueth his assault, whereupon B. doth also strike A. and killeth him, this is homicide in his own defence: otherwise it seemeth to some if B. had strooken the first blow, or had strooken before he had fled: and yet by other good opinions, the first stroke or who began the Affray is not material, but the whole matter will consist upon the inevitable necessity, sc. whether the said B. who killed A. could not have escaped with his life, Stamf. 15. etc. without killing A. for otherwise it will not excuse B. for cuncta prius tentanda. And as it is a charitable, so it is a safe principle (in these cases) not to try an extremity, till thou hast tried all other means. And by Stamf. fo. 15. It is holden in the former case, F. Coro. 184. & 286. 287. Stamf. 15. if B. (before he had fled) had stricken A. and given him divers wounds, that yet if he fly to a strait before he give A. the mortal wound, and then he giveth his death's wound, this is homicide in his own defence. 18. But in the former case if B. upon malice prepensed had first strooken A. and then B. flieth to a straight or wall, F. Coro. ● 87. Cromp. 22. 28. b. and A. pursueth him, and striketh him, and B. killeth A. thereupon, this is murder in B. for the malice prepensed was the ground and beginner hereof, yet if there had been former malice between A. and B. and they meet suddenly and A. assaulteth B. and B. before any stroke by him given flieth so fare as he can, and A. pursueth him, and then B. killeth A. this seemeth to be homicide in his own defence, notwithstanding the former malice. 19 Copstones case, There was malice between Copstone and one S. and they had fought diverse times, 15. El. Cromp. 27. and after met suddenly in London, and C. told S. that he would fight with him, and S. answered that he had nothing to say unto him, and S. went to the wall and after C. assaulted S. and then S. stroke and killed C. and it was found that C. began the Affray, and S. was thereupon discharged without forfeiting any thing. But that was by force of the statute. 24. H. 8. cap. 5. which is not in force in Ireland, and therefore as the Law is in Ireland Copstone should have forfeited his goods and have had his pardon of course. 20. Also if a Thief assaults me to rob, or kill me, I am not bound to fly to a wall, Stamf. 14. etc. as I must in case a true man assaults me, and so if an officer of justice, or Minister of the Law, in the execution of his office, Co. 9 98. be assaulted, he is not bound to fly to a wall, etc. as other subjects are. 21. Also the servant may justify the kill of another in defence of his master's person, ●1. H. 7. 19 or house, if the hurt cannot be otherwise avoided. Br. Coron. 63. Also the servant may justify the kill of him who rob and killed his Master, so that it be done presently, and by a statute in Ireland, made in Anno 28. H. 6. ca 3. It is lawful to kill Thiefs found robbing. 22. In the defence of the possession of my goods I may justify to beat him that shall wrongfully take them from me, but I cannot justify to kill him, except he be a Thief. 23. So then to kill a true man in defence of my person, in case where there is an inevitable necessity (sc. that I first shall fly so far as I can for saving my life, etc.) this is no felony of death, etc. But otherwise it is to kill a true man in defence of my house, lands, or goods, that is manslaughter (at least.) 21. Ed. 1. P. Forests 4. Stamf. 13. 14. 24. If any Forester, parke-keeper, or warreiner, or any in their company, shall kill an offendor in their Forest, park, or warren, which (after Hue, and Cry, levied to keep the peace and to obey the Law) will not yield themselves, but will fly, or defend themselves by violence, this is no felony, if there were no former malice in such keeper. Cromp. 30. But if any such keeper by reason of any former malice, will lay to a man's charge, that he came to do hurt, whereas he did not, neither was found wand'ring nor offending, and so kill him, this is murder in such keeper. Burglary. CHAP. 16. 1. Burglary is when one or more in the night time do break a dwelling house, or a Church, or the walls or gates of a City, 22. E. 3. Dalton 231. or walled Town, with an intent to do felony, although he or they carry away nothing, yet it is felony of death. 2. First for the time, Br. Cor. 125. Stamf. 30. Co. 11. 36. Burglary cannot be committed in the day time, but only in the night, for all indictments of Burglary be Quod noctantur fregit. And the night to this purpose, beginneth at the Sun setting, and continueth to the Sun rising; And therefore to break a house, etc. after the Sun setting, and before it be dark, or after day light in Summer, and before the Sun riseth, is Burglary. 3. Next, Stamf. 30. Dyer. 99 Br. Cor. 106. for the manner it is holden (by some good opinions) that if a man break the house to do felony, and yet entereth not, it is no Burglary, and that the indictment must be fregit & intravit, And yet by the opinion of Shared. 27. Ass. 38. and by the opinions of Sir Anthony Browne, Sir Edward Montague, and Sir Robert Brooke late chief justice of the common pleas, Cromp. 31. 32. 33. and others (as Master Crompton reporteth) if a man do but attempt or enterprise to break or enter into a dwelling house by night, to the intent to rob, or kill any person there, though he make no actual entry there, yet it is a full and complete Burglary, for if he do but put in his hand or foot, it is an entry in Law, although his whole body were not in; Also to put back the leaf of a window with his dagger, to draw the latch of the door, to turn but the key being on the Inner side of the door, or to break the glass window and to draw out any goods there with a hook, etc. or to break a hole in the wall, Dalton pag. 231. & 232. and to shoot in thereby at any in the house, in all these cases it is Burglary. 4. So likewise (the door being opened by some of the house) if any the attempters shall discharge a dag against any in the house, and in discharging his dag shall hold his hand over the threshold though he set no foot over, this is Burglary: So if upon attempt of Burglary, they within the house shall cast out their money for fear, Dalton ib. and the attempters take it away, in all these cases it is Burglary, and yet there is no actual entry made, in any of these cases. 5. But if a Thief setteth but his foot over the threshold or into any part of the house to commit felony, this much more shall convict him of Burglary. 6. Cromp. 32. Also one being let down the Chimney in the night to commit felony, Dalton ib. it was adjudged burglary by Sir Roger Manwood chief Baron, and yet he broke not the house. 7. So is it to come into a house by the help of a key, or suddenly to come into the house by night, the doors being open, and the owner flieth to his chamber, and the offendor is taken shoving at the chamber door. 8. So it is likewise if Thiefs pretending that they be rob, etc. shall come to the Constable, and pray him to make search for the felons, and going with the Constable into a man's house to search they rob the good man of the house, this is Burglary. 21. El. 9 In like manner if a servant conspiring with another to rob his master, shall open his master's door, or window in the night and the other entereth thereat, Dalton ib. this is Burglary in the stranger, by the opinion of Sir Roger Manwood, who was an ingenious and learned judge, and yet the house was not broken in any of these cases. 10. But if one cometh into a house in the day and there hideth himself till night and then stealeth any thing out of the house, or if any that is lodged in a house in the night goeth out of the house, and stealeth some of the goods yet this is no Burglary but only felony, for that he broke not the house, the first of these two cases was resolved at Derby, Ass. 32. El. Cromp. 34. 11. Also if divers come to commit Burglary, and but one of them entereth and commits it, 11. H. 4. 13. the rest standing about the house, or not fare of to watch that no help shall come, this is Burglary in all that company. The place. 12. Now concerning the place, it may be either public or private, public as the Church, or walls, or gates, of a City or walled Town, private as a dwelling house, and here commonly it is no Burglary, unless some person be at that time within the house, And yet if a man hath a dwelling house and he and all his family (upon some occasion) are part of the night out of the house, Co. 4. 40. and in the mean time one cometh and breaketh the house to commit felony, this is Burglary. 13. So if a man hath two dwelling houses, and sometimes dwelleth at the one, Co. 4. 40. and sometimes at the other, and hath a family or servants in both, and in the night when his servants are out of the house the house is broken by Thiefs; this is Burglary adjudged. 38. Eliz. Cromp. 33. 14. If one breaketh a chamber in any Inns of Court or Chancery or in any College in a university in the night, to the intent to commit felony there, this is Burglary, although there were no person in the same Chamber, For that Colleges and houses of Court and Chancery be entire houses, whereof such chamber is parcel; so that if any person shall be in any other chamber within the same house or College at the same time it is Burglary. 2. Ed. 6. Br. Cor. 180. Lamb. 156. 15. Also the breaking (in the night) of a Stable, Barn, or other out house, adjoining, or near to the dwelling house, to the intent to steal, is Burglary though he take nothing. 16. At Summer Assizes at Cambridge Anno Domini 1616. two men were arraigned and condemned for Burglary before Sir james Altham Knight for robbing a Backhouse of Robert Castle Esquire in the night, Dalton pag. 293. which Backhouse was some eight or nine yards distant from his dwelling house and only a pale reaching between them: so that though this offence be not committed in the very body of the dwelling house, but in some other house near unto it, and being parcel of or belonging to the dwelling house, it is Burglary. 17. But a Booth or Tent in a Fair or market, are not esteemed in Law for dwelling houses, Co. 11. 37. nor the breaking thereof in the night time to be Burglary, although the robbing of them be made as penal as Burglary, if the owner, his wife, children or servants were within the same. 18. Lastly, 23. Ass. 95. Stamf. 126. Co. 11. 31. to make it Burglary the purpose and intent for which the offend our cometh, must of necessity be to kill or rob some person, or to commit some other felony, otherwise it is neither burglary nor felony. 13. H. 7. 4. F. Coro. 267. And therefore to break a house in the night to the intent to kill any person therein, it is Burglary, although he never touch him. So it is, if the purpose were to rob, F Cor. 185. & 264. although the offendor taketh away nothing. 19 Stamf. 30. co. 11. 31. But if a man break and enter an house by night of purpose only to beat a man, that is but trespass. 20. And if the intent were to commit a Rape, it is Burglary; for Rape by the Common Law was felony, Stamf. 21. c. 22 & 23. although some doubt have been made thereof, for it appeareth by Master Bracton, Glanvill and Stamford, that by the ancient Common Law it was felony, the words of Master Bracton lib. 2. are thus, Olim quidem corruptores virginitatis & castitatis suspendebantur, etc. modernis tamen temporibus aliter observatur, qui pro corruption virgins amittuntur membra, etc. And a little after Adelstanus; raptus mulierum nè fiat, defendit tam lex humana, quam divina, Et sic fuit antiquitus observatum, quod si quis obviaverit solam, cum pace dimittat eam, etc. Si autem contra voluntatem suam, etc. jactat eam ad terram, forisfacit gratiam suam, etc. Felony. Quod si concubucrit cum ea, de vita & membris suis incurrat damnum, etc. And with this Master Glanvill also agreeth, fol. 112. Also amongst the laws of Saint Edmond sometimes King of England, you shall find this law, Qui cum Nunna, vel sanctimoniali fornicetur, emendetur sicut homicida, à multo fortiori, then saith Master Stamford, shall he be punished, if he had ravished her; So as Rape at the first saith Stamford, West. 2. 34. P. Rapo. 1. was grievously punished until the time of King Edward the first, who seemed to mitigate the pain thereof, by the statute of West. 1. ca 13. which gave two year's imprisonment and fyne; but spying the mischiefs ensuing upon the said law, at his next Parliament holden at West. called West. 2. ca 34. he made the offence of Rape to be felony again. Br. Coron. 204. 21. Note also by Britton, f. 17. Cromp. 33. See Plo. 19 2. it is not Burglary in an Infant under 14. years of age, nor in poor persons that upon hunger shall enter a house for victual under the value of 12.d. Nor in natural fools, or other persons that be Non compos mentis, but the case of poor entering for victual at this day, may as I conceive admit this difference, that is, where a poor body that is ready to starve with hunger breaketh into a house, and taketh no more than to satisfy his present hunger, for the safeguard of his life, this is neither Burglary nor Felony: for all Laws, as well the Laws of God as of men, in many cases are dispensed withal, by unevitable necessity, as appeareth in Master Plowdens' Commentaries, fo. 19 but if he that so entereth taketh away more than might suffice to satisfy his hunger for that time, I conceive that he is guilty of Burglary. Other Felonies by the Common Law, as Burning houses, etc. CHAP. 17. 21. H. 7. 1. Co. 4. 10. 1. BUrning of a Barn (which is adjoining, or near to a dwelling house) in the night feloniously, is felony by the Common Law. 2. So is it to burn a Barn in the day time, having Corn in it, though it adjoin not to the dwelling house. 3. H. 7. 10. 1. Co. ●1 ●9. Stamf. 36. 3. Burning of any dwelling house, or other house parcel thereof, willingly and feloniously done, is felony by the Common Law, whether it be done by night or by day. 4. Burning of any other house, or of a stack of Corn feloniously, Stamf. 36. seemeth also to be felony by the Common Law, for the words of the statute of West. 1. ca 15. (which statute seemeth to be but a rehearsal of the Common Law, Br. Mainp. 78.) ordaineth that such as be taken for burning (generally) feloniously done, be not bailed: and of that opinion seemeth Master Britton, 13. H 8. ca 1. in Ireland. who wrote presently after the making of the same statute to be; Britton fol. 16. See Stat. Winchester 13. Ed. 1. ca 1. & 18. Ed. 1. ca 17. but all these cases by a statute in Ireland are Treason. 5. If an Indictor (or juror) in case of Treason or felony shall discover the King's Council and his fellows; it hath been adjudged felony in times past, but as the Law is now taken, it is a misdemeanour only. Resco●●. 1. H 7. 6. Br. Coron. 127 130. Stamf 31. b. E●cape. 9 H ●. Dalton pag. 24●. Breaking of pr●son. Stamf. 30. 31. See the stat. 1. Ed. 2. & P. ●rison. 5. 6. Rescuing, or taking away from an officer, any offendor who is attainted, imprisoned, or but arrested for felony, is felony as well in him that made the Rescous as in him that is rescued. 7. Also when a man hath arrested another for felony, and after letteth him go at liberty, this is a wilful escape, and shall be adjudged felony in him that did so let him escape; And in case of Treason such escape is Treason. per Stamf. fo. 32. & 1. H. 6. 6. 8. Breaking of prison (before the statute de frangentibus prisonam made 1. Edw. 2.) was felony by the Common Law, for what cause soever he were in prison, yea though he had been imprisoned but for a Trespass: But now that stat. hath changed the common Law therein; so that now if a man be arrested or taken for a Trespass, and do make an escape, or be rescued by a stranger, this is but fineable at this day. Robbery. CHAP. 18. 1. THeft is the taking away of another man's goods with an intent to steal them against the will, or without the knowledge of him whose goods they are, and this is of two sorts, videlicet, Robbery and Larceny, we will first speak of Robbery, and then of Larceny, Robbery (in latin called Rapina) is properly the felonious taking of any thing from the person of another against his will, Dyer. 224. Stamf. ●7 d. and putting him in fear thereby, and here although the thing taken, be but to the value of an half penny, yet it is felony, for which the offendor shall suffer death without benefit of Clergy. As if one by the high way assaulteth me and taketh away my purse, money, or other goods. 2. 9 Ed. 4. 28. Stamf. 27. But if a Thief assaulteth me to rob me and bideth me deliver my purse, but taketh nothing from me, in regard that I being to good for him, shall apprehend him, or shall levye Hue, and Cry, whereby he is taken, this is taken to be no Robbery, nor felony at this day; Stamf. 7. g. And yet the assault only to rob me hath been in former times, holden to be felony, as appeareth by the books. 27. Ass. pl. 38. & 13. H. 4. 7. 25. Ed. 3. Fitz. Coron. 106. 215. 3. In this former description of robbery, 20. Eliz. Cromp. 34. the word taking is largely to be extended against the offendor, so that although the Thief taketh nothing from my person, yet if he assaulteth me, and upon his assault he threatneth to kill me; If I deliver him not my purse, and thereupon I cast my purse down upon the ground, and he taketh it away, this is Robbery. 4. Cromp. 34. So if one draweth his sword upon me and biddeth me deliver my purse, and I refuse, and after he prayeth me to give him a penny, and I do so, yet it seemeth this is robbery, for by the assault I was put in fear, and out of that fear I gave him this money to be rid of him. 5. So if a Thief do only assault me to rob me, Stamf 7. c. and I deliver him my purse with my own hand; yet this is robbery in regard this fact of mine proceeded from fear, or by his menacing, etc. 6. So if in flying from the Thief I cast my purse into a Bush to save it, and the Thief seethe me and taketh it away, this is robbery; Cromp. 35. for in this case had he not put me in fear, I should not have cast my money from me. 7. So if one assaults me to rob me, and I flying away from him, Cromp. 35. my hat falleth of, and the Thief taketh it up, and carrieth it away, this is robbery. 8. So if a Thief comes and biddeth me deliver my purse (without drawing any weapon, 20. El. Cromp. 34. or other force used) and I deliver him my purse, and he finding but two shillings therein delivereth me all again, yet this is Robbery. 44. Ed. 3. 14. 4. H. 4. 3. Stamf. 27. f. 9 So if Thiefs do take a man, and by threats compel him to swear to bring them money, at another time, or else that they will kill him, by force whereof, he bringeth them the money accordingly this is Robbery. 10. Also in the former description of Robbery the words from the person, are not so nicely to be construed, that to make up robbery the goods must needs be annexed to the body of the person; For in some cases it may be Robbery notwithstanding the Thief doth neither take the goods from the person of the owner nor yet assault him; Stamf. 27. As if in my presence, a fellow with a felonious intent taketh away my goods openly against my will, this is robbery though he neither taketh them from my person, nor assaulteth me, for the loss is the same, and the fear alike as though it had been from my person. P.R. 131. 11. And if one or more do with a felonious intent take a horse out of my pasture or drive my Cattles out of my ground I standing by and looking on at the same time, this is robbery, if so be that the fellow doth either make an assault upon me, or do put me in fear. 12. Note to make it robbery the person must be put in fear, for if a fellow do take money from me in the high way, and shall not put me in fear, this is felony but not Robbery. Cromp. 35. P.R. 131. Dyer. 224. 13. And you shall find a case in my Lord Dyer, how a fellow did take money to the value of xl.s. or above, from the person of another, in the highway. And yet for that he did not put his person in fear by assault and violence, this was holden no robbery and the offendor was allowed his Clergy for the same felony. Anno. 5. Eliz. 14. Note also, if two Thiefs shall attempt to rob me, and I fly from them, Cromp. 34. and one of the Thiefs follow me, and the other espying another true man (but our of the sight of his fellow) rides towards him and rob him, this was adjudged Robbery in both the Thiefs, and yet the one was neither in sight, or knowing of this Robbery, but because they both came to rob, and at the same time, this fact committed by the one shall be imputed to the other; Also it was one Pudseys' case, 28. El. Cutpurse. 15. If one shall cut my purse, or take or pick my purse out of my pocket secretly or privily and fraudulently, it is felony of death but not without benefit of Clergy in Ireland. Cromp. 34. 35. 16. So if one shall take my money or other goods from my person secretly without my knowledge, or by sleight only, I neither being made afraid, nor witting of it (if it be above xii. d. in value) it is felony of death. 16. Elix. Cromp. 35. 17. A man cutteth my girdle privily, my purse hanging thereat, and the purse and girdle fall to the ground, but he did not take them up (for that he was espied) this is no felony, for that the Thief never had an actual possession thereof, severed from my person; But if he had holden the purse in his hand and then cut the girdle, although it had fallen to the ground, and that he took it up no more, than had it been felony (if there had been above xii. d. in the purse) for he had it once in his possession: But these secret and privy take from my person are no robbery for he neither assaulted me nor put me in any fear. Larcenie. CHAP. 19 1. LArcenie (being fetched from the latin word Latrocinium) is properly a fraudulent and felonious taking away of another man's personal goods, in the absence of the owner and without his knowledge. 2. This is of two sorts, Grand Larceny which is felony of death and Petty Larceny which is forfeiture of goods and Chattels, and corporal punishment at the discretion of the judges. 3. Grand Larceny, Grand Larceny. is when the goods stolen be above the value of xii. d. and this is felony of death sc. wherein judgement of death shall be given upon the offendor, except he be saved by his book. 4. And yet if the goods stolen be to the value of ten shillings, F. Cor. 451. if the jury that passeth upon his arraignment shall find that the goods did not exceed the value of xii. d. than that offence shall be taken but for Petty Larceny. 5. Petty Larceny. West. 1. c. 15. Br. Cor. 84. & 85. Petty Larceny is when the goods stolen do not exceed the value of xii. d. and for this the offendor shall be imprisoned for some certain time, and after shall be whipped, or otherwise punished by the discretion of the justices before whom he was arraigned, but it is not felony of death. 6. Yet may not the justice of peace before whom such an offendor shall be brought (out of the Sessions) punish by his discretion the said offendor for Petty Larceny and so let him go, but must commit him to prison or bail him, to the intent he may come to his trial as in case of other felonies, and if upon his trial the jury shall find the goods stolen, to exceed xii. d. in value, the offendor shall have judgement to dye for the fault. 7. Although Petty Larceny be not punishable by death, 29. H. 8. 22. F. Coro. 218. Br Cor. 2. 84. 85. & 2●6. yet it is a felonious taking, for the indictment of Petty Larceny must be felonice cepit, and he shall forfeit all his goods and Chattels for such a felony, and there is no difference either in the nature of the offence or in the mind of the offendor, but only in the value of the thing stolen which maketh the difference of punishment. 8. If one shall steal goods to the value of 4. F. Coro. 415. Stamf 24. Crom. 36. 2. d. at one time and uj.d. at another time, and of iij. d. at another time which together do exceed the value of xii. d. and that these several goods be all stolen from one and the same person, then may they be put together in one Indictment, and the offendor, being thereupon arraigned and found guilty, shall have judgement of death. F. Coro. 440. Stamf. 24. 1. 9 Again, if two or more together do steal goods above the value of 12. d. this is felony of death in them all, for the felony in them is several, though the stealing be jointly done. 10. In Larcenie two things must concur, scil. to take, and to carry away, The manner. or remove the thing taken, with a purpose to steal the same, for the indictment must be, Cepit & asportavit, or cepit & abduxit, and yet in these words, the letter is not so much to be insisted upon, as the meaning, and that for the better suppressing of offenders in this kind. For although by the Law in Master glanvil's time à furto omnimodo excusatur, qui initium habuerit suae detentionis, per dominum illius rei, yet at this day it may be felony, though the offendor take not the thing, but comes first unto it by delivery from the owners own hand, and so cometh lawfully to the possession. As if a Taverner do set a piece of plate before his guest to drink in, 13 Ed. 4 9 Stamf. 25. and the guest carrieth it away, this is felony, for the Taverner gave him no possession thereof, but only the use to drink in it for the time. Or if I deliver goods to a Carrier, or other person, and bargain with him to carry them to a certain place appointed, if he carrieth them to the place, and then convayeth them away fraudulently, this is felony, for the privity of bailement was determined when they came at the place appointed. So if the Carrier shall take out parcel of the goods, this is felony; and likewise if the Carrier shall carry them to another place, and there breaketh them up, and converteth part, or all, to his own use, this is felony; but if the Carrier shall sell or give away, or otherwise embezzle the whole, as he received them, this is holden to be no felony, because it was delivered him in the same kind. Stamf. 25. a. Cromp. 36. a. 11. And yet in this last case there is beside the delivery a bargain and agreement to carry the goods, and the delivery was only to that intent, so that the property of those goods did always remain in the first owner. But if A. dareth his horse to B. being a stranger, who rideth quite away with the horse, this is no felony in B. by reason of the delivery. And so did Sir john Dodderidge Knight give direction at Cambridge Assizes, 1617. upon an Indictment of Felony preferred in such a case. 12. If a Clothier shall deliver any Wool or Yarn to his Carder, Spinster, or Weaver, etc. to dress, and they shall convey away, imbezell or sell any part thereof, this seemeth to be no felony, by reason of the delivery. 13. Ed 4. 9 13. So if I deliver my goods to another to keep, and he fraudulently consumeth them, or otherwise converteth them to his own profit, this is no felony, because of the delivery. 14. And so (it seemeth) if I deliver money or goods to A. to deliver to B. and A. flieth away with them, consumeth them, or converteth them to his own use, this is no felony by reason of the delivery. 15. If a man delivers money to his servant to keep, Servants. or plate to his Butler, or vessel to his Cook, or horse to his horse keeper, 13. E. 4. 10. 3. H. 7. 12. 21. H. 7. 15. or Sheep to his Shepherd, and such servant doth go away with them, this is felony by the common Law in that servant (for these goods were always in the master possession, and kept and used by the servant to the master's behoof) But yet there was much difference of opinions herein, 33. H. 8. ca 5. in Ireland. for the clearing whereof (in some part) a statute was in the time of King H. 8. made, whereby it was provided that all and singular servants of the age of Eighteen years, Cromp. 50. other than an Apprentice (which must be understood of such as are bound by Indenture, and by the name of an Apprentice) to whom any money, Apprentices and servants under the age of Eighteen shall be in case as they were before the making of this statute. goods or Chattels, etc. by his or their master or mistress shall be delivered to keep of the value of xl.s. or above, if such servant shall go away with, or shall embezzle, or shall convert to his own use, any such money goods, or Chattels of the said value, to the intent to steal the same, or to defraud his Master or Mistress thereof, it shall be felony, but this must be prosecuted within one year after the offence. 16. And now upon the construction of this stat. divers new questions and cases have since been moved. Dyer. 5. As if a man deliver an obligation to his servant to go and receive the money thereupon due, and the servant receiveth the money and then goeth away therewith, or doth convert it to his own use, this is holden to be no felony within the meaning of this statute for the Master did not deliver the money to his servant; So if a man delivers to his servant wares, Ibid. or cattles to sell at Fair or market, and he selleth them there, and receiveth the money, and then goeth away with the money, or converteth it to his own use, this is no felony within this statute, for he had not the money by his master's delivery, Dyer. 5. neither went he away with the goods his master delivered him. 17. But if the servant received of his master 20. l. in gold to keep, 28. El. Cromp. 35. which he changed into silver, and then ran away with that, this is felony, for that gold and silver are both of the same nature, sc. money. 18. And if a man delivers to his servant a horse to ride to market, or money to carry to a Fair, to buy cattles, or other things, 21. H. 7. 15. or to pay to another man, and the servant goeth away therewith, this was no felony by the common Law, by reason of the delivery thereof to him by his Master, but it seemeth to be felony by this statute, for that he went away with the thing delivered him. 19 And if one of my, Dyer. 5. servants doth deliver to another of my servants goods of mine (to the value of 40. s.) and he doth go away therewith, or converteth them to his own use: this is felony within this statute, for this shall be said, my delivery. 5. H. 7. 16. Br. Property 25. 20. If a man delivers to his servant a piece of Cloth to keep, and the servant maketh himself a garment thereof, and after goeth away therewith, this is felony (within this statute) for that the property is not altered, Cromp. 50. by the making a garment thereof, because the Cloth may be known still, Otherwise it is of Barley turned into Malt, or of money melted or turned into a wedge or piece of mettle, or the like, for that in these cases the Barley, or money cannot be known again but are altered in their kind. Cromp. 50. 21. If any receiver of my rears receiveth x. li. of my Tenants and run away therewith, it is no felony; for the statute is where the master delivereth to keep. 22. If a man delivers to his servant, the key of the chamber door, and the servant taketh away his master's goods in the chamber (above the value of xii. d. 13. Ed. 4. 9 ) this is felony at the common Law, for the goods were not delivered. 23. Another felony there is by the stat. 33. H. 6. c. 1. in the servants that shall take away or spoil the goods of their deceased master, P. Felon. 11. P. Exec. 5. but this felony groweth upon their default of appearance in the K. bench after proclamation, and therefore neither the trial nor hearing thereof belongeth to the justices of peace, because they cannot well take knowledge of such default in the K. Bench. 24. The second thing which must concur in Larceny to make it felony is the carrying away of the thing so taken, and yet it is not of necessity that it be clean carried out of the house, or place where it was, but it sufficeth that it be so fare removed that the evil and felonious intent of the taker may plainly appear; 27. Ass. 39 See Stamf. 26. b. Br. Cor. 107. As if a guest will feloniously take the sheets or other goods of the Innkeepers, out of the chamber where he lodgeth, and then (going to the stable for his horse) is taken with them or they be found in some other Room of the house, where he had laid them, it is felony in both cases, although the possession of those goods continued in the owner. 25. So is it if one taketh a horse in another man's close with an intent to steal him, and he be apprehended again before he hath gotten the horse out of the same close, this is felony. Now it is necessary in the next Chapter to declare of what things Larceny may be committed, and of what not. Of what things Larceny may be committed, and of what not. CHAP. 20. 1. NOte that the felonious taking of any thing, wherein another hath property, is felony. 22. H. 6. Br. Coron. 190. 2. And therefore Larcenie may be committed by taking of any the movable goods of any person, Movable goods. as money, plate, apparel, householdstuff, or Corn, hay, Trees or fruit (that are severed from the ground) or the like, the stealing of them is felony. 3. It is also felony to steal my horses, mares, colts, oxen, kine, sheep, lambs, swine, pigs, hens or geese, ducks, turkeys, peacocks, Domestical. and other domestical beasts or birds of tame nature. 18. H. 8. 2. 4. It is Felony also to take some things that be of wild nature, Stamf. 25. c. 18. E. 4. so. 8. as to take young pigeons which cannot fly, out of another man's Dove-house, so to take young Hawks or young herons out of their nests (or eyries) and breeding in a park or other several ground, so to take fishes that be kept in a Trunk or several pond. 5. Br. Cor. 89. 22. Ass. 95. 12. H. 8. 9 b. 16. E. 4. 7. 2. So of old Doves taken in the Dove coat (in the night time especially) And so it seemeth of any other wild beast of fowl (being of value) and taken within a man's house. 6. Also it is Felony to take any Swans that be lawfully marked, though they be at large; For a man hath property in such. See Co. lib. 7. fo. 16. b. 17. a. 7. Also for Swan's unmarked, if they be domestical or tame, sc. kept in a moat, or in ponds near to a dwelling house, and so be domui, or manui assueta, to steal such is felony. See Coke 7. 17. b. 8. So it seemeth of Swans unmarked, so long as they keep within a man's Manor, or within his private Rivers, or if they happen to escape out of a man's Manor or private rivers, yet if they shall be pursued and taken, and brought in again, to steal them is felony. Co. li. 7. fo. 16. & 18. 9 But if Swans that be unmarked, shall be abroad, and shall attain to their natural liberty, than the property of them is lost, And so long Felony cannot be committed by taking of them. 10. And yet such unmarked and wild Swans, the King's officer may seize them (being abroad) for and to the use of the King by his prerogative, they being volatilia regalia. Also the King by grant them; And by consequence another man may prescribe to have them within a certain precinct or place. For it may be intended to have a lawful beginning by the Kings grant, Cok. lib. 7. fol. 16. a. b. & 18. a. b. 11. Also it is felony to take a tame Deer, 10. E. 4. 15. Stamf. 25. c. which is marked and domestical (especially if the taker knows it to be tame, or that it weareth a Bell. 12. But by the common law Larceny cannot be committed by taking of savage or wild beasts, fowls, or fish, found in their wildness and abroad, or at large, as Dear, Coneys, Hawks, Doves, Pheasants, Partridges, Herons, Swans unmarked, or fish that are at liberty, etc. for no person can claim property in them. 13. P. Felon. 24. Howbeit by stat. it is made felony to hunt Dear or Coneys (after some sort) in a Forest, park or warren, or to take a tame beast, or other thing, in a park, by manner of robbery. See 3. Ed. 1. 20. & 1. H. 7. ca 7. P. Felon. 26. 14. Also by statute it is felony to steal, take away or conceal, a Hawk that is reclaimed. Co. 7. 17. b. 15. But for the better understanding what the Law is, in things that be fera natura, observe these differences. Properry. 16. In some things that be fera natura, a man hath a right of property, and in some of them a right of privilege. 17. There be three manner of rights of property, scil. 1. Absolute. This property a man cannot have in any thing which is ferae natura, but only in such things as are Domitae natura. 2. Qualified, These properties a man may have in things ferae natura, and to such properties a man may attain by two means, scil. 3. Possessary, These properties a man may have in things ferae natura, and to such properties a man may attain by two means, scil. 1. By industry, and this may be, either by taking them only or making them tame, scil. mansueta, id est, manui assueta, or domestica, id est, domus assueta; but in these last a man hath but a qualified property, scil. so long as they remain tame, and so long felony may be committed by stealing of them away, but if they attain to their natural liberty, and have not animum revertendi, than the property of them is lost. 2. Ratione impotentiae & loci, As where a man hath young Goshawkes', or Herons, or the like, which are fera natura, and do breed (or airy) in his ground, he hath a possessory property in them. So as if one takes them when they cannot fly, the owner of the soil may have an Action of trespass, Quare boscum suum fregit, & tres pullos esperuorum suorum, or ardearum suarum, pretii tantum nuper in eodem bosco nidificant, cepit & asportavit. And to take these away is felony, as is aforesaid. 18. E. 4. fol. 8. Stamf. 25. c. 18. But when a man hath beasts or fowls (that be savage and in their wildness) ratione privilegii, scil.. by reason of a park or warren, See Doct. & Student. fo. 10. etc. as Deer, Hares, Coneys, Pheasants, or Partridges, or the like, (which be things of warren) he hath no property in them. And therefore in an action quare parcum or warrennam, etc. fregit & intravit, & 3. damas, lepores, cuniculos, phesiones, perdices, etc. cepit & asportavit, he shall not say suos, for that he hath no property in them, but they belong unto him Ratione privilegii, (for his game and pleasure) so long as they remain in the place privileged; And if the owner of the Park dye his heir shall have them, and not his executor or administrator, for that without them, the Park (which is an inheritance) is not complete, neither can felony be committed by taking of them. 19 Neither can Larceny be committed by taking of dogs of any kind, Apes, Parrots, Squirrels, singing Birds, or such like thing (kept only for pleasure and not for any profit) though they be in the house, and made tame. 20. No not by taking of a bloodhound or mastiff, Co. 7. 18. 12 H. 8. 3. Br. Trespass. 407. although that there is good use of them, and that a man can be said to have a property in them, so as an action of Trespass lieth fortaking them; yet in regard they are things of so base a nature, no felony can be committed by taking them. 21. Also it is felony to steal the flesh of any tame or wild fowl, Stamf. 25. c. or beast, that is dead, out of the possession of another man. 22. So is it to pull the wool from the sheep's back, Cromp. 36. or to kill them, and to take the skin; and leave the body behind. 23. But note that in all these cases of felony aforesaid, the thing so taken, or stolen, must exceed the value of 12. d. 24. Also the taking of any real chartel or thing, is no felony, Things real. as if one cuts down my Tree, or my corn, and carrieth it away, Stamf. 25. c. or pulleth and stealeth my Apples hanging on the Tree, and carrieth them away, these are no Felony; for these things be part of my Freehold till they be severed. 25. But if I gather mine Apples, or cut down a Tree, Stamf. 25. or Corn of mine own, than it is felony if another shall carry them away feloniously. 26. And if a stranger cuts down my Tree, Cromp. 36. or Corn without Title, and another time after fetcheth it away, that will prove no Felony by 12. Ass. P. 32. Br. Coron. 76. 27. Also to take lead from of a house, or Church, Cromp. 37. will not amount to felony, for it is parcel of the house or freehold. 28. Also to take away the Evidences of a man's land, Stamf. 25. 10. Ed. 4. 14. Br. Cor. 155. or an Indenture of lease, or other writings (be they within or without a Box,) it is no felony, because they cannot be valued, and again, because they concern inheritance, chattels, reals or things in action. 29. So to take away an Infant in Ward is no Felony. Stamf. 25. 30. Also the taking and carrying away of such things whereof the owner is unknown, in some cases is no felony; Stamf. 25. Br. Cor. 187. 265. As the taking away of treasure that was hidden, wreck of the Sea or goods that shall be wayved, or strayed, (before they be lawfully seized, etc.) But the takers away of such treasure that was hidden, wreck and waif, shall be punished by fine and imprisonment. 22. Ass. p. 99 Br. Coron. 96. 31. And yet where the goods be, bona cujusdam hominis ignoti, Dyer. 99 & 476. 478 7. E. 4. 14. 15. Br. indictment 33. or bona cujusdam mortui, & ignoti, or bona parochianorum, or the goods of a Church, or Chapel, or the goods of any corporation in the time of vacation, in these cases there be owners of them to some purpose and therefore it is felony to steal such goods. 32. One Nottingham digged a dead body out of his grave, and took away his winding-sheete, Dalton pag. 244. this was holden to be no felony (but punishable as a misdemeanour,) and the offendor was adjudged to be whipped for it, this was at Cambridge Summer Assizes, Anno 1617. 7. H 6. 43. 5. H. 7. 18. Stamf. 16. 2. 33. Note also that a man may commit felony by taking his own goods, as if A. do lend, or deliver goods to B. to keep, and after A. doth take them away feloniously, or privily and fraudulently (to the intent to charge B. or to recover damages for the same against B. by an action of detinue) this is felony in A. and yet the property of the goods were in him. Mar. lect. 12. Cromp. 27. 34. So it is if I lend my plate, or deliver my goods to another to keep, and he melteth my plate, or changeth the fashion of my goods, now if I should take that mettle, or those goods feloniously it were felony in me, because the property is altered by altering of the fashion. Cromp. 37. P. R. 129. 35. A man findeth my purse in the highway, and being asked thereof, denyeth it, this seemeth to be no felony; for he came not thereby at the first feloniously, but the denial is a strong evidence that he came by it feloniously, if he cannot clearly prove how he came by it. 36. A man cometh to my wife, or to my servant with a false message, token, or letter made in my name, and thereby getteth my goods, yet this is no felony, but it shall be punished as a falsity and misdemeanour, and the offend or besides a Fine and imprisonment may be bound to the good behaviour by the Common Law. What persons are chargeable in larceny. CHAP. 21. 27. Ass 40. Stamf. 26. 1. A Feme covert doth steal goods by the compulsion of her husband, this is no felony in her. F. Coron. 160. Mar. lect. 12. 2. But if by the compulsion of her husband, she committeth murder, this is felony in them both. 27. Ass. 40. See Stamf. 142. c. & 26. 27. 3. If a Feme covert doth steal good by the commandment of her husband (without other constraint) this hath been holden to be felony in her, Master Bracton also saith it is felony; For licet uxor obedire debeat viro, in atrocioribus tamen non est ei obediendum, but Master Stamf. and others seem to be of another opinion, Stamf. 26. P. R. 130. Br. Coron. 108. F. Cor. 100L. 4. If the husband and the wife together do steal goods, this shall be taken to be the only Act of the husband, and not to be felony in the wife, Stamf. 26. 5. But a woman covert, alone by herself (the husband not knowing thereof) may commit Larceny and may be either principal, Stamf. 26. or accessary, as if she steal another man's goods, or receive the Thief that stealeth them, or shall receive stolen goods into her house knowing them so to be, F. Coro. ●83. See Stamf. 26. or shall lock them up in her Chest, or Chamber, her husband not knowing thereof, and in such case if her husband so soon as he knoweth thereof do forthwith forsake his house and her company, and maketh his abode elsewhere, he shall not be charged for her offence, whereas otherwise the Law will impute the fault to him and not to her. P. R. 130. 6. Goods are delivered to the husband to keep, and his wife stealeth them, it is no felony; Otherwise is it if the husband had delivered them to a stranger and then the wife had taken them feloniously out of the possession of the stranger, this had been felony in the wife, Mar. lect. 12. 7. F. Cor. 455. Br. Cor. 141. Stamf. 27. Also the wife shall not be accounted a Felon for taking or stealing the goods of her husband. And if the wife do take her husband's goods secretly, and delivers them to a stranger knowing thereof, yet this is no felony in the stranger. 8. Br. Cor. 77. 1●. Ass. p. 6. Stamf. fo. 34. 1●. E. 32. Cromp. 35. P. R. 130. But if a man do take away another man's wife with her husband's goods, against the wives will, this is felony by the statute. Westminster. 2. cap. 34. as it seemeth, and so if a man takes away another man's wife, with her husband's goods against the husband's will, this is also felony. 9 And if the husband commits Larceny, and the wife knowing thereof, do receive or retain him, etc. she is not thereby accessary to the felony. 10. If a servant by the compulsion of his Master, Servant. stealeth another man's goods, this is felony in them both. 11. An Idiot, Lunatic, dumb and deaf person and an Infant are chargeable in Larceny after the same sort, Idiot. Infant. as they are chargeable in homicide, which see here before in manslaughter. And yet if an Infant shall commit Larceny and shall be found guilty thereof before the Iu. of P. it shall not be amiss for them to respite the judgement, and so hath it often been done by the judges, See Stamf. 27. & 3. H. 7. fo. 1. b. & 12. b. & 35. H. 6. 11. Br. Coverture. 80. Felonies by escape. CHAP. 22. 1. BReaking of prison by one being therein for felony, 1. Ed. 2. P. Felon. 15. or by one being a prisoner for felony, is felony by the statute de frangentibus prisonum, and so it was by the common Law: Now every one who is under arrest for felony is a prisoner, and that aswell without the prison, as within or in the stocks, in the high street, or in the possession of any that hath arrested him, 1. Ed. 3. 17. P. R. 147. or that hath the keeping of him being arrested for felony; And therefore if any person who is under arrest for felony or suspicion thereof, whether he be in the gaol, or out, or but in the stocks, or but in the possession of any that hath arrested him, if he shall make an escape, this is a breaking of prison in such prisoner, and is felony. 2. Note that there is no difference, 2. Ed. 3. 1. whose prison the offendor doth break, whether it be the King's prison, the Lords of a Franchise or any other persons: 1. H. 7. 6. And if a stranger doth break the prison or open the Stocks, 1. Ed. 3. 17. Dyer. 99 or make a rescous, whereby one imprisoned or arrested for felony escapeth, this is felony both in the prisoner, and in the stranger, although the prisoner was never indicted of the felony. 9 H 4. 1. F. Cor. 333. Stamf. 3●. a. 3. By some opinions if a stranger shall disturb the arresting of a fellow, it is no felony, except the fellow were taken and arrested, and after rescued, yet Fitz. Iust. P. fo. 114. saith that such disturbance before arrest, is felony, which I conceive cannot be, for where there is no arrest, there cannot be any escape or rescous, yet nevertheless this disturbance is a misdemeanour punishable by fine and imprisonment. 1. H. 6. 7. 4. If a prisoner be rescued at the gallows, or as he is in going to execution, this is a breaking of prison, and felony. 5. If a Gaoler, a Constable, or any other, which hath a prisoner under arrest for felony, P R. 147. 149. 44. Ass. 12. Br. E●●. 31. Stamf. 31. or suspicion thereof, voluntarily letteth or suffreth him to go at liberty, this is felony in the gaoler or him that letteh such prisoner escape, but it is no felony in the prisoner, but if such a prisoner shall escape by the negligence of his keeper, than the felony resteth in the prisoner only and not in the Gaoler, etc. P. R. 149. 150. 9 H 4. 1. Stamf. fo. 32. & 26. 6. The voluntary letting of a fellow escape, which is not arrested for felony, though he knoweth of the felony, yet it is not felony, neither can it be an escape without an arrest, and yet such an offendor (being an officer) may for such his negligence or default be indicted and fined, as it seemeth by the words of the Commission, but by 9 H. 4. fo. 1. Br. Escape 43. & F. Coron. p. 76. he is accessary to the felony. Dyer. 44. a. 7. Note that a man is always said to be in prison, so long as he is within the sight of the gaoler, or of him that hath him in custody, though he doth break away or escape. 8. And if a prisoner shall make an escape (of his own wrong, and without the consent of the Gaoler, ●tamf 33. b. Br. Esc. 4●5. or other person that hath him in custody) though he escape out of their sight, and into another County, yet if he be taken again upon fresh suit, before the gaoler, etc. be sued or fined for the escape (though it be seven years after) yet this is no escape, as it seemeth, for which the officer shall be charged, for there is no prejudice to the King by the escape, though it be felony in the prisoner, as aforesaid, and a breaking of prison in him. Co. 3. 44. & 52. accordeth in case of a prisoner taken in execution that shall make an escape of his own wrong. 9 If a Gaoler or other officer, etc. shall licence his prisoner to go abroad, Co. 3. 44. Stamf. 33. c. for a time, and to come again, this is an escape, because the prisoner is found out of the bounds of his prison, though the prisoner return again according as he shall be prescribed, and so is it, if the officer shall suffer his prisoner to go abroad for a time, by bail or baston, Fitz. Cor. 243. & 431. this is an escape, yet they are holden in both cases to be but negligent escapes in the officer, and so but fineable, and yet the gaoler and other officers ought to keep their prisoners in salva & arcta custodia. 10. Note that the Sheriff of every County shall have the keeping of and shall be chargeable and charged with the common gaol and prison of the same County, and of all the prisoners therein; And must put in such Gaolers or keepers for whom he will answer as appeareth by the statute 14. E. 3. c. 10. which also seemeth to have been the common Law before, as you may see by the preamble of the statute of 14. E. 3. & Co. 4. 34. And therefore the high Sheriff himself shall be answerable for an escape of a fellow, suffered by his gaoler, and may be indicted for the same. And so the high Sheriff as he hath an office of great antiquity, and of great trust and authority, Co. 4. 331 for the time: So withal it is a place of great peril and charge; And if the rigour of Law should be laid upon him, Co. 9 98. than should he have a bad office. But in such cases I have observed the exposition and dealing of the learned and reverend judges. First you shall find in Sir Ed. Cook Reports, lib. 9 fol. 98. that the gaolers who have the actual possession shall be answerable for escapes if they have wherewith. Also Popham chief justice, did cause one Staner (a gaoler at Cambridge) to be indicted, Temp. Eliz. arraigned and hanged for an escape of a fellow suffered by him. 11. Now an escape is of two sorts, voluntary and negligent. 12. Voluntary escape is where one doth arrest, or hath imprisoned another for felony (or other offence) and after letteth him go at liberty whither he will. Stamf. 32. 13. Negligent escape is when the party arrested or imprisoned doth escape against the will of him that arrested or imprisoned him, Stamf. 33. and is not freshly pursued and taken again before he hath lost the sight of him, the penalty thereof seemeth to be only a fine at the discretion of the judges or justices, yet see Stamf. 35. K. a difference of the fine where the prisoner is attainted, where but indicted, and where only taken upon suspicion. 14. But for voluntary escape, if the arrest or imprisonment were for felony it shall be adjudged felony in him which did voluntarily suffer the prisoner to escape; And if the arrest, etc. were for Treason, Stamf. 32. 1. it shall be adjudged Treason: And if the arrest or imprisonment were for Trespass it shall be adjudged Trespass; F. Cor. 248. And yet see Fitz. Coron. 248. Escape non adjudicabitur pro transgressione, And in case of felony there is no difference, whether the fellow be arrested by an Officer or by another, See Br. Coron. 112. 15. One Nichols assaulted Cholmelcy to rob him and killed him, after Qu. Eliz. granted Nichols his pardon, But Cholmeley his wife having commenced her appeal against Nichols he was still detained in prison at the woman's suit, after the gaoler suffered Nich. voluntarily to go at large, and so to escape, by the opinion of Master Plowden this was felony in the gaoler, although N. the prisoner were no fellow as to the Qu. in regard he had obtained his pardon. Plo. 476. b. 16. A prisoner found guilty of petty Larceny is adjudged to be imprisoned by the space of a month, F. Cor. 430. & 431. for his punishment, and after the month he breaketh prison and escapeth, It is holden that the Gaoler shall be charged with this escape, P. R. 150. But if a prisoner shall be discharged (by judgement) paying his fees, if he escape, here the Gaoler is not chargeable, the difference is, the prisoner in the first case was by judgement committed to prison, and in the last case he is adjudged to be acquit of his imprisonment paying, etc. 21. H. 7. 17. a. Br. Escape 16. 17. Note that a voluntary escape is no felony, if the Act done were not felony at the time of the escape made; 11. H. 7. 12. Plo. 258. 263. & 401. As if A. do strike B. and hurt him mortally, whereupon the Constables do arrest A. and after willingly suffer him to escape, and after B. dyeth of that stroke, this escape is no felony either in the Constables, or in the prisoner, yet the Constables shall make a great Fine, yea they shall be fined to the value of there goods (as it seemeth by 11. H. 4. 12. and Stamf. 35. h. because this escape was voluntary. Cromp. 39 18. The voluntary suffering him to escape, who hath killed another Se defendendo, or by misadventure, or of him that hath committed petty Larceny seemeth not to be felony, for that these offences are no felony of death, but he that suffreth such an escape, shall be fined only. Cromp. 39 but if the prisoner be committed for manslaughter or for felony generally, it seemeth the escape will be felony, for the Gaoler is not to judge what manner of felony it is. Stamf 35. k. 19 A man was taken for suspicion of felony, and was delivered to the Constable of C. and after escaped for want of good keeping, and the Constable was therefore taken and arraigned, and pleaded that for as much as the fellow was not taken with the manner, nor at the suit of the party, nor indicted of felony, therefore it was no escape, etc. And so was the opinion of the Court then in 42. Ass. p. 5. Br. Escape 29. But the contrary was after holden although the prisoner were taken only upon suspicion. 44. Ass. p. 12. Br. Escape 31. but there it was holden to be but fineable. 3. Ed. 1. c. 4. P. Escape 2. Stamf. 35. c. 20. Note also where one is a prisoner by arrest only, and he doth escape there the escape shall be presented before the Iust. of peace or other justices having authority to inquire of the escape, before he that suffered the escape shall answer it. 21. Note also if a man be arrested for felony by the Constable or other person, 1●. H. 7. 7. Cromp. 40. P. R. 151. 152. and after they shall have intelligence that there is no such felony committed, here they may set the party arrested at liberty again, and they shall not be charged with the escape, for there can be no fellow where there is no felony committed. 44. Ass 12. Cromp. 40. 22. But if a man be slain, or that there be any other felony committed, and one is arrested for the same felony, or for suspicion thereof, though he that made the arrest, shall after have intelligence and certain knowledge that the party arrested is not guilty of that offence, yet he or any other may not set the party so arrested at liberty, for now he must not be delivered by any man's discretion, but by course of Law, otherwise it will prove a voluntary escape, and so felony, or at least fineable. 23. 25. Ed. 3. 39 If a justice of peace shall send for a fellow out of the Gaol and shall deliver him without bail, this seemeth to be a voluntary escape, and so felony in the justice: Otherwise where the justice erreth, pro defectu scientiae, as to bail one that is not bailable, this is but a negligent escape. Felonies by statute. CHAP. 23. 1. BUggery committed with mankind, Exod. 12.19. Levit. 18.23. or beast is felony (without benefit of Clergy) it being a sin against God, nature, and the Law. 2. Congregations and confederacies holden by Masons, 10. Caroli in Ireland ca 20. P. Fel. 22. P. Felon. 19 5. H. 4. ca 5. is felony in the causers thereof, and fineable in the Masons. 3. H. 6. ca 1. 3. Cutting out of any the King's subjects tongues, or putting out their Eyes of malice is felony. 5. H. 4. ca 5. 4. Conjuration, or Invocation of any evil spirit, for any intent, 28. El. ca 3. in Ireland. etc. or to be counselling or aiding thereto, is felony without benefit of Clergy. See Exod. 22.18. 5. Also to use or practise Witchcraft, Enchantment, Charm, or Sorcery, whereby any person shall be killed, or to be counselling, or aiding thereto is felony without benefit of Clergy. 6. Also the second time to practise Witchcraft, etc. whereby any chattel, or goods shall be destroyed or impaired, or whereby any person shall be hurt or pined in his body, is felony without benefit of Clergy. 7. Now against these Witches the justices of peace may not always expect direct evidence, seeing all their works are the works of darkness and no witnesses present with them to accuse them; And therefore for their better discovery, I thought good here to insert certain observations out of the book of discovery of the witches that were arraigned at Lancaster. Anno Dom. 1612. before Sir james Altham, and Sir Edward Bromeley, judges of Assize there, which are these following, viz. 1. These witches have ordinarily a familiar or spirit which appeareth to them. 2. Their familiar hath some big, or place, upon their body where he sucketh them. 3. They have often pictures of Clay, or wax (like a man, etc.) found in their house. 4. If the dead body bleed upon the witches touching it. 5. The testimony of the person hurt, upon his death. 6. The examination and confession of the children or servants of the Witch. 7. Their own voluntary confession, which exceeds all other Evidence. 8. H. 6. 12. P. Fel. 18. 8. Also the Embezeling of any Record or parcel thereof, writ, Return, Panell, Process or warrant of Attorney in the Chancery, Exchequer, King's Bench, Common place, or Treasury (by reason whereof any judgement shall be reversed) is felony in the parties, their Counsellors, procurers, or abettors. 2. R. 3. fo. 10. Co. 11. 34. See 8. R. 2. ca 4. 9 So the rasing of such record is felony (within the said statute of 8. Hen. 6.) yet if a judge do imbezell, or raze a Record, this is but misprision in the judge. 2. R. 3. Br. Coron. 174. & Treason. 31. 10. But it seemeth the Iu. of P. cannot inquire of, nor hear and determine these two last sorts of felonies (sc. imbezeling or rasing of records) for that these felonies are committed to other judges to deal with by the same stat. of 8. H. 6. P. Records 4. but what is fit for the justice of peace to do herein; I have before in the chapter of felony declared. 11. Forestall, or buying any foreign Merchandises before they come to the Staple, etc. was made felony by the statute 27. Ed. 3. cap. 11. but by 2. R. 2. ca 2. it was repealed and made punishable again according to the statute of 25. E. 3. ca 3. which is by 2. year's imprisonment, or forfeiture of the value of the thing forestalled. 12. Forging of evidences, sc. of any deed, Charter, obligation, Bill, P. Fel. 26. 28. El. ca 4. in Ireland. release, or other writing sealed, or of any Court Roll, or will, or of any acquittance, or to cause or assent to be made any such forged writing, or publishing any such writing knowing the same to be false: The second offence is felony, without benefit of Clergy. But it seemeth also, that the Iu. of P. have not to deal with this, for that they cannot well take notice of the former conviction, See Cok. 9 118. b. P. Felon. 17. 14. E. 3. c. 9 10. 13. If a Gaoler (by duresse of imprisonment and pain) enforce his prisoner to become an approver (that is an accuser of others as coadjutors with him in felony) this is felony in such gaoler. 14. E. 3. 10. 34. Ed. 3. 22. 3 Ed. ● 9 P Felon. 20. 14. Whosoever findeth any hawk that is lost, if he shall not immediately bring the same to the Sheriff of the same County to be proclaimed, etc. but doth embezzle the Hawk, it is felony. P. hawks 2. vide. 15. So is it in him whosoever that taketh up any Hawk and concealeth the same from the owner, or his Falconer, or that taketh away any Hawk from the owner, or stealeth any Hawk and carrieth it away not observing the foresaid ordinance. 1. H 7. ca 7. P Felon. 24. 16. H●nting of D●ere, or Coneys in any park, Forest, or warren unlawfully in the night time, or with Visors, or other disguise, if upon examination by a Iu. of P. etc. the offendor conceal the offence, Dyer. 50. or any other offendor therein, is felony in such concealer; But if such offendor upon his examination, shall confess the truth than he is but fineable. And if any person, to be arrested for such offence shall disobey the arrest: Or if any person shall make rescous, so that the warrant (of the Iu. of P. etc.) for arresting them be not executed it is felony. But such hunting and concealment, or resistance where the offenders killed no Deer, etc. seemeth to be no felony, for all the precedents do run, occiderunt & asportaverunt, etc. See Lambert. Cromp. & West. 17. Also it seemeth by the statute of 1. H. 7. ca 7. that all such hunting disguised, or any other unlawful hunting in the night time is felony, if the offendor be not examined thereof, and confess the same as abovesaid, See the stat. 1. H. 7. c. 7. in fine. 18. If any person shall take a tame beast, 3. Ed. 1. 20. P. Fel. 24. or other things in any park by manner of robbery, it is felony. 19 If any person being married, 10. Carol. ca 21. in Ireland. shall marry a second husband or wife, the first being alive, etc. it is felony, except where the husband, or wife have been absent 7. years, and the one not knowing the other to be living within that time, except also persons divorced, etc. by sentence in the Ecclesiastical Court: And except persons marrying within the age of consent. 20. Multiplication of gold, or silver, P. Fel. 21. or to practise that Art is felony. 5. H. 4. ca 4. 21. 10. Caroli ca 19 in Ireland. Poisoning sc. wilful killing of any person by poison is wilful murder in the offenders, their Aiders, abetters, procurers, and Counsellors. Co. 11. 31. But the party poisoned must dye thereof within a year and a day after the poison received. 22. Purveyors, sc. if any Purveyor, Taker, P. Fel. 25. P. Puru. 3●. Cromp. 48. P. Puru. 3. 4. 28. E. 1. ca 2. 4. E. 3. ca 4. 36. Ed. 3. 2. 23. H. 6. 2. P. Felon. 25. P. Puru. 19 36. Ed. 3. 5. Rast. 351. Cromp. 48. or other person their Deputies, or servants, shall make any purveiance, take (or prizes) for the King's Majesty's house, of any thing above the value of xii. d. without warrant or Commission under the great seal which warrant they shall show to the parties, before they do take any thing from them: Or if they shall buy or take any thing in other manner than is contained in their warrant; Or shall take any carriage in other manner than is comprised in their Commission. Or shall carry away any thing above the value of xii. d. and under the value of 40. s. against the owners will without paying for the same presently and according as they can agree with the seller in all these cases it is felony, See the statutes 28. E. 3. ca 12. 34. E. 3. ca 3. 36. E. 3. ca 5. 2. H. 4. ca 14. & 20. H. 6. ca 8. 23. Or if such Purveyors shall take any thing being above the value of 40. 5. Ed. 3. 2. 25. Ed. 3. 1. 36. Ed. 3. 1. P. Felon. 25. P. Puru. 17. 10. E. 3. ca 1. s. and shall not do it by the testimony and appraisement o● the Constables and four neighbours sworn (if the purveyor and o●ner cannot well agree.) And shall not deliver Tales, or Indentures, s●●led with his seal, testifying the same. Or shall take more victuals o● carriages for the King's house than he shall deliver to the same h●use: Or shall take any sheep with there wools, P. Felon. 25. P Puru. 18. P. Felon. 25. P. Puru. 9 25. E. 3. 15. between Easter and Midsummer at small prizes, or more than be sufficient for the King's ho●●●, and to carry them to his own house and shear them. In every of these cases it seemeth to be felony in such Purveyor their Deputies and servants: And yet a purveyor, or taker, etc. may take victual, or other thing according to his Commission at reasonable prices to the use of the King's Majesty, and according to the statutes, although it be against the will of the owner. Br. Puru. 1. Co. 8. 146. 24. But if a purveyor shall take any provision for the King's house, by force of his Commission; And shall after fell away the same, now his first taking is become tortuous, and he punishable as a Trespasser, if nor as a fellow ab initio. 24 Ed. 3. 2. 36. E. 3. 6. 7. R. 2. 8. 25. If any subject's Chator, or other officer, shall take any victuals, Come, Hay, carriage, or other thing against the owner's consent, or do not pay for it presently, it is felony. P. Puru. 1. See the stat. 23. H. 6. ca 14. 26. Robbing in the day time of any dwelling house, or of any out house, Co. 11. 36. belonging and used to and with any dwelling house (as a Barn or stable, etc.) if it be to the value of 5. s. or above (although no person be therein) or to rob any house by day or by night, any person being therein, and thereby put in fear, or to rob any person in any part of his dwelling place or house, 11. ja. ca 3. in Ireland. the owner or dweller, his wife, children, or servants therein, or in any other place within the precinct of the same house or dwelling place (sleeping or waking) or to rob any Booth, or Tent, in a fair, or Market, the owner his wife children, or any servant being then within the same (sleeping or waking) every of these offences are now by stat. made felony and as penal as burglary by the loss of the benefit of Clergy. See Co. 11. 31. 32. & 36. Stamf. 125. But to break a house in the day time, although he hath a felonious intent, yet if he carrieth away nothing, this is no felony, for there must be an actual felony done besides the breaking of the house in the day. And by the report of Master Dallison, these statutes shall be straightly construed in favour of life, and according to the bare letter, so that if the Robbery be done by day, and there be in the house but one servant only, or there be in the house, Booth, or Tent, but a stranger, or sojourner only, the fact shall not be adjudged an offence against these statutes to take away the benefit of Clergy. 27. If servants embezzle the goods of their deceased master or go away with their master's goods, See antea in the chapter of Larceny, ca 19 Sect. 15. & 23. where this shall be felony. 18. H. 6. 10. P. Fel 23. P. Capt. 3. 28. Soldiers entered of record, and having taken pressed money, or parcel of their wages of their Captain, if they shall not pass the sea or go with their Captain, or being in the King's service shall departed without licence, Co. 6. 27. it is felony. See Co. 6. 27. that this statute of 18. H. 6. 19 is now of little force; but yet the departure of a soldier without licence is felony by the statute 7. H. 7. 1. which statute is yet in force and perpetual. Co. ibid. 1 Ed. 1. 35. ●d ●4. 29. To ravish a woman, where she doth neither consent before nor after, or to ravish any woman with force, though she do consent after, it is felony, and the offendor shall have no benefit of Clergy. 11. ja. ca 3. in Ireland. Stamf. 22. Cromp. 100 But a woman that is ravished aught presently to levy Hue and Cry, or to complain thereof presently to some credible persons, as it seemeth. Glanvill 115. See the Stat. de officio Coronatoris. 4. E. 1. 30. Britton. 45. Stamf. 25. If a woman at the time of the supposed Rape do conceive with child by the ravisher, this is no Rape; for a woman cannot conceive with child, except she do consent; 4. E. 4. 6. Br. Parliament 55. But if a man ravish a woman, who consenteth for fear of death or dures, yet this is ravishment against her will; for that consent ought to be voluntary and free. 31. All such as are present, abetting, aiding, 11. H. 4. Stamf. 44. or procuring another to commit rape, are principal felons. 32. It is a good plea, in an appeal of rape, Stamf. 24. to say that before the ravishment supposed she was his concubine, as Master Bracton saith. And yet to ravish an harlot against her will, is felony, Cromp. 47. for licet meretrix suerit ante, certè tunc temporis non fuit cum nequitiae ejus reclamando consentire noluit. Bract. lib. 2. 33. Also to take away any Maid, 3. H. 7. 2. P. Fel. 16. widow or wife (having lands or goods, or being heir apparent to her Ancestor) against her will unlawfully, is felony, and to receive any so taken knowing thereof, or to procure and abet the same, is felony. And shall be all reputed as principals. 34. The taking away of a maid under 16 years of age without the consent of her parents or governor's, 10. Caroli ca 17. in Ireland. or contracting marriage with her, or deflowering her, is no felony, but yet shall be punished with long imprisonment without bail or with grievous fyne. 35. 13. Ass. 6. Br. Cor. 77. Stamf. 94. Cromp. 35. Also to take away a man's wife with the goods of her husband, whether it be against her will, or against her husband's will, seemeth to be felony, by the stat. of West. 2. cap. 34. the words thereof are de mulieribus abductis cum bonis virorum suorum, habeat rex sectam de bonis sic asportatis. 36. But if the wife take her husband's goods, F. Cor. 455. Stamf. 27. and so goeth away voluntarily with another man, and with those goods, or delivereth those goods to another man, these two last cases seem not to be felony. 37. By a statute made in Ireland in the third year of the Reign of King Edward the second, cap. 1. & 2. 3. Ed. 3. ca 1. & 2. Taking of meat or drink against the will of the owner is felony. 38. Also by a statute made in Ireland in the fifteenth year of the reign of King Edward the fourth, Rot. Parliament. cap. 8. the taking of a distress contrary to the common law, that is to say, where no distress lieth in the case, as to distrain for debt, breach of Covenant or such like is felony; but to distrain where a distress lieth in the case as for rend, service, or such like, although the taking of the distress be unlawful, because no rent is arreare, yet that is no felony; for that distress is not contrary to the common law. 39 Also by a statute made in Ireland in the Eleventh year of the reign of Queen Elizabeth. cap. 10. It is felony in a Searcher to conceal the transporting of wool and other prohibited merchandises. 13. El. ca 4. in Ireland. 40. By another statute made in Ireland in the thirteenth year of Queen Elizabeth. ca 4. it is ordained that the shipping, loading, embarking, and putting into any ship, barque, Pickard, Boat, or any other vessel whatsoever of any prohibited merchandises, as Wool, woolfels, etc. in any port, haven, harbrow or Creek within this Realm before entry made of the same, and the customs well and truly paid according the tenor and effect of another statute made in 11. 11. El. ca 10. in Ireland. Eliz. ca 10. shall be adjudged and deemed felony in all and every such person and persons, their aiders, consorts, and assistants, that will so ship, load, embark, and put the said goods into any Ship, Bark, Pickard, Boate, or other vessel before entry made, and the said customs paid as aforesaid, and that the same persons their aiders, consentours and assistants so to do shall have the same order of process, inquiry, trial, judgement, forfeiture and execution as in cases of felony is used by the common Law in this Realm, and that the justices of peace at their Sessions, and all and every officer and officers within Cities and incorporated Towns, having authority to be justices of peace, or of gaol delivery, within the said Cities and incorporated Towns shall and may lawfully inquire, hear and determine all and singular the premises made felony by the said Act. 41. By a statute made in Ireland in Anno 10. H. 7. ca 11. It is enacted that if any person take any money or other amends for the death or murder of his kinsman or friend other than the laws of the kingdom will permit the same, 10. H. 7. ca 11. shall be felony. 42. By a statute made in 33. H. 8. ca 5. It is felony for a servant of the age of 18. 33. H. 8. ca 5. in Ireland. years or upwards to go away with the goods of his master or mistress, committed to his charge, if the goods be of the value of 40. s. but there is a proviso, that this shall not extend to an Apprentice. 43. By a statute made in 10. Caroli ca 20. in Ireland it is enacted that the levying of any Fine, 10 Caroli c. 20. in Ireland. suffering of any Recovery, acknowledging a Recognizance, bail, or judgement in the name of any other p●rson or persons not being privy or consenting thereunto shall be felony. Accessaries. CHAP. 24. 3. H 7 foe 10. St●●f. ●0. Br. Treas. 19 1. IN high treason, there be no Accessaries for all the advisers, counsellors, persuaders, and assistants therein, be principals and as much as if they were Actors or doers, yea all that shall advise, counsel, persuade, command, procure, or hire another to do any treason, or felony, they being indeed the very cause of the fact, may seem as culpable if not more, than the principal Actor and the rule is, plus peccat author, quam actor, Examples also we have hereof in the book of God. Gen. 3. The serpent the procurer of the first sin, by Gods own judgement had a greater punishment than the woman, or man; Again, 2. Sam. 12.9. David is told (from God) that he had killed Urias, whereas he only commanded joab to kill him, etc. yet in case of felony our Law is otherwise, for in felonies they are but accessaries and not principals. 2. Note whatsoever offence doth make a man accessary in felony, Stamf. 40. the like offence maketh him principal in high treason. 3. But yet it seemeth this is to be understood of accessaries before the Treason, for receiving, aiding, and comforting a Traitor after the offence (knowing the same) was holden to be but misprision of treason. 12. & 13. Eliz. Dyer 296. And yet by some other authorities, and by the common experience and practise the relieving of Traitors after the offence, knowing thereof, is holden to be treason, See 3. Dyer. 296. H. 7. 10. Br. Treas. 19 per Hussey chief justice and Cromp. 42. b. 4. In cases of Praemunire, there may be principal and accessary by some opinions. 44. E. 3. & 8. H. 4. 6. b. Br. Praemunire 4. 6. Tamen quaere, 27. E. 3. ca 1. for these offences seem more like a Trespass than a felony, etc. And upon the statute of 27. E. 3. the offenders shall forfeit nothing, if they appear at the first day, but if they appear not at the first day, then for their contumacy they shall be out of the K. protection, and shall forfeit their lands, and goods, to the K. which are as a pain given by the statute, but is no attainder, also if the principal appear not, or happen to be dead, yet the other shall answer, and therefore it seemeth that they be all principals. Br. 4. 5. In petty treason there is a principal, and there be accessaries, as there is in felonies. 6. In felonies, there be two sorts of accessaries. The one is accessary before the felony committed, the other is accessary after the offence done. 7. But he that is present at the time of the felony committed (be it in case of murder, robbery, burglary, or Larceny) is principal, if he were either a procurer, or mover, or be aider, comforter, or consenter thereto, although at that present he do nothing. Plo. 100 a. 11. H. 4. Br. Coron 188. 8. If one being present at the kill, Stamf. 40. b. or robbing of a man doth nothing, yet would have aided his companion if there had been need, he shall be adjudged a principal. F. Coro 395. Stamf. 37. 40. b. But if one be present by chance and seethe when another is slain, or rob, or when any other felony is committed, and doth not come in company with the felons, nor is of there confederacy, although he doth not make any resistance, Cromp. 44. 14. H. 7. 31. or disturb the fellow, or levy Hue, and Cry, nor discovereth the same, but concealeth it, yet it is no felony in him, but it is a great neglect of his duty, for which he shall be punished by fine and Imprisonment. 9 Also in some cases a man may be a principal, although he be not present at the time of the felony committed; As if A. knowing drink to be poisoned, persuades B. to drink it, and after B. (in the absence of A.) doth drink it, and dyeth thereof. A. is here a principal murderer. Co. 4. 44. Dalton pag. 259. 10. Note that the Accessary in felony, whether before, or after, though it be another offence, and distinct from the principal fact, yet it is also felony. Praecipiendo. Persuadendo. Consulendo. Consentiendo. 11. Accessaries, before the felony are such as shall will, command, hire, procure, move, conspire, counsel, abet, or consent to commit any petty Treason, murder, robbery, rape, burglary, or Larceny, but are not present thereat, yet all such are thereby felons, when the felony is committed. 12. But here note, some differences are to be observed when the principal and chief offendor or Actor doth not accomplish the fact altogether in the self same sort, as it was before hand agreed and plotted between him and the accessary, and therefore if A. command B. to lay hold upon C. and B. goeth and robbeth C. this is no felony in A. (if he be absent when the robbery is done) for this commandment might have been performed without any robbery. But if the commandment had been to beat C. and the party commanded doth kill C. or beateth him so that he dyeth thereof. F. Coro. 314. A. shall be accessary to this felony and murder, for it is hazard in beating a man that he may dye thereof. 13. A. commandeth B. to rob one and in attempting this another is killed, Plo. 475. A. shall be accessary to this murder, for he that commandeth an evil or unlawful act to be done shall be adjudged accessary to all that shall ensue upon the same evil Act, but not to any other distinct thing: As if A. commandeth B. to steal a horse, and he stealeth an Ox, Plo. 475. or to steal a white horse, and he stealeth a black, or to rob a man by the high way of his money, and he robs him in his house of his place, or to burn the house of B. and he burneth the house of C. these be other Acts and felonies than A. commanded to be done, and therefore A. shall not be adjudged accessary to them. 14. But if B. shall commit the same felony which A. did command or counsel to be done, though he doth it at another time, or in another sort than A. did command, Plo. 475. or Counsel, yet here A. shall be accessary thereto; As if A. doth counsel B. to kill C. by poison, and he killeth him with his dagger, or to kill C. by the high way and he killeth him in his hous●, or to kill him one day and he killeth him upon another day, in these and the like cases, A. shall be accessary to the murder. Dalton pag. 259. 15. A. counselleth B. to poison C. and to that end A. buyeth poison, and delivereth it to B. who tempereth it in an Apple, and delivereth it to C. with intent to poison him and C. knowing nothing, giveth the Apple to E. who eateth it, and dyeth thereof, here A. is not accessary to the murder of E. yet it is murder in B. 16. A. counselleth B. to kill C. and before he hath killed him, Dalton pag. 26. A. doth repent ●im, and countermands it, charging B. not to kill C. and yet after B. ●oth kill C. here A. shall not be adjudged accessary to the death of C. for the Law adjudgeth no man accessary to a felony before the fact, but such as continue that mind at the time that the same felony is done and executed; But if A. counselleth a woman to murder the child in her body, and after the child is borne, Dyer. 180. and then is murdered by the commandment of the woman, in the absence of A. yet he is accessary by his counselling it before the birth, and not countermanding it. Dyer. 186. 17. A man foreknoweth of a felony intended to be done, and doth conceal it, and so suffereth it to be effected, this maketh him no accessary to the felony, except he consenteth thereto, 14. H. 7. 31. but such concealment seemeth to be only misprision of felony and fineable: And yet the rule is, Qui non prohibet, quod prohibere potest, consentit. 18. Note that in manslaughter, Co. 4. 44. there can be no accessary before the fact, for manslaughter is upon a sudden falling out. 19 Accessaries after the offence, After the fact. are they who knowing that another hath committed a felony, do feloniously receive or harbour him, or relieve, assist, comfort, or aid him, Stamf. 41. whether it be before the attainder of the fellow, or after his attainder: As to comfort or relieve a fellow (before he is attainted) with money, meat, drink, or lodging, knowing of the felony, maketh one accessary, Stamf. 41. So to lend him a horse to go his way withal: Or otherwise to be a means of his escape. 20. But to relieve him being in prison maketh not a man accessary. Also to aid him by his good word, or suit, for his deliverance, or to send a letter for his enlargement by bail, Br. Cor. 103. or any other lawful way, this maketh not a man accessary to the felony, but to work his enlargement by escape or any other unlawful means, will make him accessary. 21. To receive, harbour, Cromp. 42. or relieve a fellow which is upon bail with money or victual, breedeth no danger of being an accessary, because the felony in this case cannot be concealed, nor the trial hindered by it. 22. If a fellow getteth his pardon such as shall receive or relieve him after, shall not be accounted accessary. But to receive or relieve him before his pardon obtained, is felony, See Plo. 476. yet upon this pardon such accessary shall be discharged, if the pardon be pleaded before the fellow be attainted. 23. If a fellow be attainted, by verdict, confession, or by oulawry, some boots hold that to receive, harbour, or relieve such a one, F. Coro. 377. Stamf. 96. Dyer. 355. by any pe●son dwelling in the same County where the fellow is attainted, it maketh such receiver, or aider an accessary to the felony although such receiver, etc. did not know of the felony, because by the attainder of the fellow, he is a fellow of record, whereof every person dwelling in the same County, is to take notice, yet Master Bract. requireth a more direct knowledge in the parties to make them accessary, for albeit a record (and especially the pronouncing of an utlary) be so notorious, that every man may easily come to know the same, yet were it an overgreat extremity that every man should (upon the peril of his own life) take certain knowledge thereof, which opinion of Master Bracton Master Lambert also holdeth to be very reasonable, and for my part I am of Master Bractons' opinion. But a fellow attainted (by verdict, F. Cor. 377. Vide Stamf. 4●. confession, or utlary) in one Cou●ty, and another doth receive, or aid him in another County, this maketh such receiver, or aider no accessary to the felony, unless he did also know of the felony. 24. If a feme covert shall relieve, or receive and keep company with her husband, F. Cor. ●83. Stamf. 26. knowing him to be a fellow, she is no accessary thereby, for a woman covert cannot be accessary in felony to her husband, for she ought to relieve him, and not to discover his Counsel, but if she relieveth another fellow, she is an a accessary. 25. A fellow who fled to the house of his natural brother, and the brother shut the foredoore against the pursuers, See. Stamf. 43. c. Dalton pag. 261. and conveyed the fellow out of his house, at a back door, whereby he got to the Church, this brother was adjudged an Accessary for it, for he was a means of the escape. Stamf. fo. 43. c. Coro●. Fitz. 427. 26. If a fellow flieth, and cometh to his friend's house, and his friend doth shut the door against him, and yet maketh the pursuers believe that he is in the house, whereupon he escapeth, this maketh the friend to be an Accessary. 27. A man hath a fellow in his house, and (knowing of the felony) suffreth him to go his way, 9 ● 4. 1. Br Cor. 26. See Br. escape 43. and so to escape, yet this is no felony, for that he had not arrested him of the felony before, neither can such an escape make him an accessary, except he were a means of the escape, but for his neglect he may be punished by fine and imprisonment. 28. If one do rescue him that is arrested for felony, he is a principal fellow, 1. H. 7. 6. Stamf. 43. c. and not an accessary, for this rescous is a new felony of itself, although it depend upon the former. Buying stolen goods. 35. E. ●. 39 29. Receiving or buying stolen goods, knowing they were stolen, maketh not a man accessary to the felony, unless he receiveth also (or aideth) the fellow himself, as it is holden in some books, yet Master Crompton and justice Stamford make a quaere thereof, 9 H. 4. 41. Stamf. 43. b. See Cromp. fol. 41. 42. 43. But herein there is a difference between a buyer being a stranger to the fellow, and who for valuable consideration shall buy such goods, and a receiver or buyer, who is an adherent or companion to the fellow, or that by Covin shall receive or buy such goods, for clearly such receiver as is last mentioned is an accessary, as appeareth by the preamble of the statute of 10. Caroli ca 19 in Ireland, and I do not see in reason but that the former should also be accessary, for by the money which is given for the stolen goods the fellow is as much relieved in the one case, as in the other, and the cases as I conceive in 27. ass. p. 69. & 25. E. 3. fo. 39 remembered by Master Stamford, fo. 43. & 69. are not contrary, if they be duly considered, for the reason of those books is, because the indictment or appeal was but only for receiving the stolen goods without speaking of relieving the fellow, but if the Indictment had been for relieving the fellow, the buying of the goods, knowing them to be stolen, would have been good Evidence to maintain the indictment. Cromp. 4●. 30. A man buyeth stolen goods for 5. s. which are worth 20. s. this maketh the buyer an accessary by the opinion of Master Crompton, fo. 43. for it may well appear by the price, that the seller came not truly by them, and therefore it is safe to lay hold of such sellers, as shall sell any thing at any great under value. 31. Taking ag●ine stol●e goods. Br. Cor. 2●. A man pursueth and taketh a fellow that hath stolen his goods and then taketh his goods again, and suffereth the Thief to escape, he is no accessary thereby by some opinions; for he may in initio agere civiliter, or criminaliter, at his pleasure, as Master Bract. writeth, Cromp. 37. 41. 42. but Master Stamf. fo. 40. saith, If he takes his goods again from the fellow to favour him, this is theft boot, (the punishment whereof in ancient time was of life and member, but at this day by Master Stamford fol. 40. It is but ransom and imprisonment. Cromp. 41. P.R. 131. Br. Cor 121. 42. Ass p. ●. Dalton pag. 262. ) The like seemeth to be, if he takes his goods again from the fellow, and then favoureth him, and letteth him go, but if the party rob take money, etc. of the thief to the end he shall favour him, or shall not give Evidence against him, whereby the thief escapeth, now he is an accessary to the felony of his own goods, by good opinion, though some other seem to take this for theft boot, and so to be punishable at this day only by ransom and imprisonment. 32. If the party rob, or if he that shall have any goods stolen from him, after complaint by him made of the felony (to a justice of Peace, or to the Constable) shall then take his goods again, and will not prosecute this matter against the fellow any further, but will suffer him to escape, after he was once so charged, and perhaps arrested for the same, this maketh him an accessary, for that he did once agere criminaliter, by complaint made to the officer against the fellow, and in such case, the justice of Peace shall do well either to commit, or at least to bind over both the one and other to the next Goal delivery. 33. But if upon Hue and Cry a man do arrest a thief that hath stolen another man's goods, 22. Ass. 62. and do then take the goods from the fellow, and so let him go, this maketh him an accessary to the felony and also a principal fellow for the voluntary escape. 34. Note, in all cases of an accessary after the fact, it is requisite that the fact, Stamf. 287. to which he is an accessary, be a felony at the very time in which he becometh an accessary to it, For if A. giveth a mortal wound to B. upon the first of March, and C. knowing thereof receiveth, etc. A. 2. or 3. days together, and letteth him go, and after B. dyeth of the wound within the year, yet this receipt, etc. maketh C. no accessary, because the principal fact was no felony at the time either of the receipt, or of the letting him go. P. Trial. 2. 35. By the statute of 10. Caroli ca 19 in Ireland, accessaries may be to a felony done in another County, Stamf. 41. fo. 63. li. whereas before that statute the common law laid no hold of such accessaries, for that these in another County, upon the trial could not have conusance of the principal offence, etc. But now by the said statute there shall be a Certificate from the Custos Rotulorum of the County where the principal shall be attainted or convicted. Stamf. 44● 36. Note that if an offence be made felony by statute, although the same stat. doth not expressly make mention of procurors, counsellors, abettors, receivers, consentors, and aiders, etc. yet they shall be taken as accessaries (within the compass of the same statute) even in the same manner, as if it were felony at the common Law. 37. A man may be an accessary to an accessary, as if he shall receive, 26. Ass. 52. F. Cor. 196. relieve, or comfort him who is accessary to a fellow knowing the same. P. Appeal. ●. Co 4. 43. & 9 117. 119. Plo. 98. 99 38. Although the accessary shall be punished, and shall have judgement of life and member, as well as the principal, which did the felony, yet the principal ought first to be attainted (after verdict or after confession, or by Utlary) before any judgement can be given against the accessary, and the acquittal of the principal is the acquittal of the accessary, for ubi non est principalis, non potest esse accessarius, but yet the accessary shall be attached, and surely kept (and shall be committed by the Iust. of Peace, etc.) until the principal be attainted. 39 And if the principal be attainted, though erroneously, that shall not avail the accessary, but he must answer, etc. Co. 9 68 b. & 119 Co. 4. 43. 44. F. Cor. 166. & 378. Vide Br. Coro 70. 71. 80. 83. 86. 132. 40. If the principal die before he be attainted, or if the principal be found not guilty by verdict, or be found by verdict that he slew the other in his own defence, or if after conviction, and before judgement, he hath his Clergy, or getteth his pardon, the Accessary in all these cases shall be discharged, but it is not safe for the justice of Peace to discharge such an accessary out of Sessions. Cromp 34. b 41. A man killeth another se defendendo, or by misadventure, and it is so found upon his trial, the accessary shall be discharged; for that in these cases the principal shall not have judgement of death. Et omne accessar. sequitur suum principale. See Br. Forf. 13. Certain rules concerning felonies. CHAP. 25. 1. IF a man committeth felony in the time of one King, Rules concerning felony. 1. E 6. Br. Cor. 178, he may be charged and arraigned for it after, in the time of another King. 2. If a man do commit murder, steal goods, or do any other felony in one County, and then flieth into another County, 13. Ed. 4. 9 and is taken there, and brought before a justice of Peace, there he shall be (by the justice) imprisoned in the gaol of the County, where he is taken, and after shall be removed by the Kings writ into the gaol of the County where he committed the felony; but for those that do inform against such felons the said justice shall bind such Informers over to appear and to give Evidence against such felons, at the next general gaol delivery to be holden in that County, where the trial of such murder, or felony shall be, whither also the said justice must certify such information taken by him. 3. If a man committeth a robbery, or stealeth a horse, 4 H. 7. 5. ●4 H 8. Br. Cor. 171. Co. 7. 2. beast or other goods in one County, and doth carry lead, or drive the goods into another County, it is felony in every County whither he doth carry, or drive those goods, and the offendor may be indicted, or appealed of felony, or theft, and be arraigned and have his judgement in any of those Counties, but the offendor cannot be appealed, or indicted of robbery, but only in the County where the robbery was done, for it is not robbery in any other County, for Robbery must be done to the person of a man. 4. If a fellow do steal another man's goods, 11. E. 4. 3. 4. H. 7. 5. and after another stealeth the same from him, the owner of the goods may charge the first, or second fellow, at his choice. 5. P.R. 130. Also if a man shall deliver cloth to a Tailor to make a garment, if the cloth be stolen from the Tailor, the offendor may be charged, and indicted for stealing the same, either at the owner's suit, or at the Tailors. 6. Also an indictment may be, Dyer. 99 Quod bona & Catalla cujusdam hominis ignoti felonice cepit, and in such case any man may both inform the Court and by their direction may prefer an indictment against the fellow and give Evidence to the Enquest therein. And so if the owner be known, and will not charge the fellow therewith, any other person (especially after proclamation made in the Court, that if any will inform for the King, Stamf. 163. he shall be heard) may safely inform the Court, prefer an indictment, and give in Evidence for the King against the fellow, because it is for the K. advantage to have the forfeiture of the felons goods, and in the two former cases if the Iu. of P. shall hear of any person that can inform any material thing against such a fellow, or against any fellow, the Iu. in his discretion may send for him, take his information, and may bind him to give evidence against such fellow. Dalton pag. 265. 7. Also if any robbery or Theft be committed, and the party rob, or other owner of the goods, will not charge the fellow therewith, yet every Iust. of P. may cause such fellow (or any person suspected for such felony) to be apprehended and may examine them thereof, and also may send aswell for the party rob, etc. as for all such other persons as can inform any thing material concerning the said felony, and may take their informations upon oath, and if upon such examination he shall find cause, the said justice may commit the offenders, and bind over the informers. 8. Note also (for the better prevention and apprehending of felons) that upon all homicides, Hue, & Cry. 3. E 1. c. 9 burglaries, robberies, and other felonies, and when men are put in great danger, Hue and Cry shall be levied, P. Fel. 38. & Hue, & Cry, 1. and every man shall I follow the Hue, and Cry, and whosoever doth not, shall be attached to appear before the Iu. of gaol delivery, and any Iu. of P. may bind them over by the Commission of the peace, 3. Ed. 1. c. 9 yea upon any felony committed, all men generally shall be ready (at the commandment of the Sheriff, or Constable and at the cry of the country) to pursue and arrest felons, upon pain to be grievously fined. 13. Ed. 1. c. 1. 2. 28 E. 3. c. 11. 9 And such Hue, and Cry, and pursuit shall be made from town to Town, and from Country to Country, and shall be made by horsemen, and footmen, and in case of robbery, if none of the felons be taken within Forty days after the felony committed, 11. Caroli c. 13. in Ireland. than the whole hundred, where the robbery was done, shall answer for the robbery done, See Br. de●. 104. and the damages but yet the inhabitants of any other hundred wherein negligence, fault, or defect of pursuit and fresh suit, shall happen to be, shall answer and satisfy the one moiety and half of all and every such sums of money and damages. 3. H. 7. c. 1. Co. 7. 6. b. 10. And if a man be slain in the day time, in a Town not walled, and the murderer, or manslayer escape, the whole Town shall be amerced for this escape; But if it be in a City, or Town walled, then if the murder, or manslaughter were by day, or by night, they shall be amerced for the escape, Fitz. Coron. 238. 293. & 302. Stamf. 33. l. 3. H. 7. 1. P. Coroners 13. 11. And if a man be slain in the day time, out of any Town; then the hundred shall be charged therewith, and for the insufficiency of the hundred all the County shall be charged, etc. Stamford 34. f. yet see Dyer. 210. b. that the towneship shall be amerced for the escape, although the murder were committed in the fields of the Town, or in a lane, etc. and the Iust. of P. are to inquire of such escapes, and to certify the same into the K. Bench. P. justices 19 12. Also every man is a sufficient Bailiff and officer to apprehend him that is pursued by Hue and Cry, P.R. 156. and if he be taken with the thing supposed to be stolen, though he neither be of evil fame nor a stranger, yet every man may commit aswell such suspected person, as also such goods to the Town where they be apprehended to answer to the King according to the Law: And the Constables of the Town are to carry before some justice of peace, aswell such prisoners, as also the bringers, that the justice may take there Information against such prisoner, and may examine and commit such offendor or person so suspected. 13. Dalton pag. 266. But if a man do levy Hue and Cry upon another without cause, both the one and the other shall be attached, and carried before a Iu. of P. to answer it, as disturbers of the peace, and to be bound to their good behaviour. 14. Note also that the King's officer may break open any man's house, to apprehend any fellow, 9 Ed. 4. 9 Co. 5. 92. or any person that is suspected of felony being in the said house. 15. Watch. And for the better detecting and apprehending of such offenders in great Towns being walled, the gates are to be shut from the Sun setting until the Sun rising; 13. ●. 1. 4. P. watch. 1. 2. And no man shall be lodged in the Suburbs from nine of the Clock, until day, unless his Host will answer for him: And in all other Town's watch shall be kept from the Feast of the Ascension, until Michaelmas, 5. H. 7. 5. a. from the Sun setting until the Sun rising; And if any stranger do pass by them he shall be arrested until the morning, etc. Lamb. office of a Constable. And for such arrests none shall be punished: And the Constables ought to see these watches duly set, and kept, and to make presentment to the Iu. of P. at their Sessions, of the defaults of watches, and of such as lodge strangers for whom they will not answer, and the Iu. of P. at their Sessions shall punish such as be found in default. P. Watch. 2. And every Iu. of P. may cause these watches to be duly kept. The forfeiture for Felony. CHAP. 26. THe punishment of felony is fourfold, sc. 1. The offendor shall lose his life, and be hanged between heaven, and earth, as unworthy of either. Co. 4. 124. 2. He shall lose his blood, aswell in regard of his Auncestry, as of his posterity, for his blood is corrupted, so as he hath neither Ancestor, heir, nor posterity. 3. He shall forfeit his (fee simple) land's wherein the K. shall have Annum diem & vastum, to the intent that the offenders wife and children shall be cast out thereof, his houses razed, his trees rooted up, his meadows ploughed up, and all his land wasted and destroyed; And after the year, day and waist, the lands shall go by Eschete to the chief Lord of the fee. But yet the Lord may fine with the K. for all, and so have the land presently. 4. The offendor shall forfeit and lose all his goods. 5. P. P●ero. 16. 17. ●. 2. The K. shall have all the goods of felons which be condemned and which be fugitive, wheresoever the said goods be found, sc. all their goods movable and unmoveable, Co. li 4. 95. Co. 3. 3. 2. Br Cor. 317. 334. Dalton p. 267. 10. H 6 47. Stamford. fo. 188. Dyer. 30. their Corn growing, and the profits of their Fee simple lands, during their lives, and all their debts done to them by stat. recog. obligation, or simple contract, and money due upon accounts, and the King, or he to whom the King shall give such debt, shall have an action therefore in his own name, and yet the King shall not pay such debts as the said felons did owe. 6. By the common Law, after a fellow be found guilty before the Coroner, or that it be found before the Coroner that he did fly for the felony, there the Coroner, Sheriff, undersheriff, or Escheator, etc. may (for the King) seize the goods of the fellow, and praise them by an Enquest, etc. before his attainder, for by such thing found before the Coroner, the goods of the fellow are forfeited without further inquiry or trial of the fellow, and yet the officer may not in such case carry the felons goods away, but (after prisement as aforesaid) must leave them in the custody of the felons neighbours, 22. Ass. 96. Br forf. 53. 43. E. 3. ●4. where he dwelled, or in the custody of the Town where the goods were, to be answered to the K. and if he were indicted of felony, yet his goods should not be removed out of his house, until he were convicted, but the officer was to seize, and praise them, and to take surety of the party that they should not be imbezeled, and if the party would not find surety, than the officer was to deliver them to the neighbours, and the said goods should be kept by his neighbours all the time of his imprisonment, and the fellow must have had reasonable maintenance of his goods for him and his family until he were convicted and found guilty of the felony, and then that which did remain was the Kings, See 25. E. 3. c. 14. P. indict. 5. P. Sheriff. 24. 7. And now by the statute made 1. R. 3. c. 3. it is ordained, that if any Sheriff, etc. or other person, do take or seize the goods of any person arrested and imprisoned before the same person be convicted or attainted of felony, or that the same goods be otherwise lawfully forfeited, 25. Ed. 3. he shall pay to the party grieved the double value of the goods so taken or seized, etc. which statute seemeth to be but a confirmation of the common Law, P. indict. 5. saith Master Stamf. fo. 193. save that, it giveth the party grieved a more ample recompense, and more speedy remedy than the common Law before did, so that before attainder or conviction the goods of a fellow that is in prison ought not to be seized, Stamf. 193. nor committed to the Town, nor taken out of the felons house, or possession, for a man attainted of felony shall forfeit such goods as he hath at the time of the attainder, and not at the time of the felony committed, and a fellow or traitor after the felony or Treason committed, Br forf. 58. Co ● 1●1 Stamf. 192. a. and before attainder or conviction may sell (bona fide) for his sustenance, etc. his goods or chattels, be they real or personal (but they may not disorderly sell, or waste their goods) therefore it seemeth that the officer may still take surety that the goods be not imbezeled, and for want of surety may deliver them to the Town. See Br. Forf. 44. 8. Nay after attainder if they shall grant their goods or lands, it shall bind all persons, except the King and Lord by escheat, but against them such grant is void. And besides as to the King or Lord by escheat, a man attainted of treason or felony is absolutely and perpetually disabled by the corruption of his blood, so as none of his posterity can claim any inheritance in Fee-simple as heir to him, or to any other Ancestor paramount him. Co. 11. 1. b. 9 After the conviction of a fellow (if the goods were in the felons possession at the time of his conviction) the Town presently stands charged therewith and shall answer for them, though the goods were never seized by the officer, nor delivered to the Town (except they can show what other person hath detained those goods, and that they could never have possession of them, which exception is by the statute of 31. E. 3. 3. P. Estreates 3. Stamf. 193. 194. ) So that it shall be safe for the Town to seize such goods (in whose hands soever they be found) presently after the conviction of any fellow, yet by the opinion of Prisot, none may seize any goods for the King, but an officer who is accountable to the King. 9 H. 6. 1. but in this case the towneship is accountable, and therefore by Prisots reason they may seize such goods. 10. Co. 11. 30. 38. Conviction in felony is where a man (being indicted of felony) upon his arraignment submitteth himself to be tried by the Country, P.R. 179. and then is found guilty by the verdict of twelve other jurors; Or shall confess the offence upon his trial, or is outlawed for the same. Co. 1●. 30. Also conviction in all other offences (by the common Law) is where the offendor is indicted, or the offence presented by a jury whereto the offendor pleadeth Not guilty; and is found guilty, by the verdict of twelve other jurors. 11. And yet by divers statutes you shall find that an offendor may be convicted (out of Court) either upon the view and record of the justice of peace; Or by the confession of the offendor, or upon examination of witnesses before one or two justices of peace, and that out of the Sessions. 12. And sometimes by confession or examination of witnesses in Court without any verdict taken, See Crom. 130. 131. Br. Confess. 32. And in some cases conviction shall be taken for attaineder, see Co. 11. 59 60. 13. The difference between attainder, and conviction, Co. 11. 58. Stamf. 138. & 185. b. in case of felony is, the person attainted hath judgement of death given upon him; The person convict, before judgement, prayeth his Clergy and hath it, etc. Or after verdict, confession, or outlary, the fellow is said to be convicted till judgement be given. 14. And so a man is properly said to be indicted, when the offence is first found by the great Enquest, or other jury of Enquiry. 15. Convicted, when the offendor is found guilty by a second Iury. 16. Attainted when (after such conviction) judgement is given against the offendor. Examination of felons and Evidence against them. CHAP. 27. 1. When any person shall be brought before a Iu. of P. for Treason, 10. Caroli c. 18. in Ireland. murder, manslaughter, or any other felony (wherewith the Iu. of P. may deal) or for suspicion thereof, before the justice shall commit or send such offendor to prison he shall take 1. The examination of such offendor in writing, but not upon oath. 2. The information of such as bring him viz. he shall take their examination and information of the fact, and circumstances thereof upon oath; And so much thereof as shall be material to prove the felony, he shall put in writing within two days after the said examination. 3. Also the same Iu. of P. shall bind all such by recognizance as do declare any thing material to prove the treason or felony, to appear at the next general gaol delivery (to be holden where the trial of the said felony shall be) to give in evidence against such offenders. 4. And then the same justice shall make his Mittimus to carry the offendor to the Gaol. 10. Caroli c. 18. in Ireland. 5. Or if such offendor be bailable (and that there be two justices of P. present together, the one of them being of the Quorum) after such examination, and information taken, and put in writing, the said Iu. of peace may bail such prisoner. 6. And the said Iu. or justices of P. shall certify at the next general gaol delivery, such examination, information, recognizance, and bailement. 7. And if any Iu. of P. shall offend in any thing contrary to the true intent and meaning of this statute the justices of gaol delivery in their discretions shall fine every such justice of peace. 8. And yet for petty Larcenies, and felonies, the offenders in the County of Dublin may be tried at the quarter Sessions, and the examinations and informations may be certified thither, and the Informers bound thither. 9 For the form of the recognizance, the form of the Mittimus, and the form of the bailement. See postea in the title of warrants and precedents. 10. It the offendor upon his examination before the justices of P. shall confess the matter, it shall not be amiss that the offendor subscribes his name, or mark, under such confession made by him. 11. If the offendor confesseth the felony before the justice of peace and notwithstanding he letteth him go, without committing or bailing of him, this seemeth to be a voluntary escape and so felony in the justice, Cromp. 39 44. 12. Also if any person shall be brought before a justice of Peace, and charged with any manner of homicide (other than that which shall be done in the orderly execution of judgement, as if it were done se defendendo, or by casualty (which are not felonies of death, or done by an infant, a lunatic, or the like, yet it is the justice's part, and safest for him to commit the offendor to prison, or at least to join with some other in the bailement of him (if the cause will suffer it) to the end the party may be discharged by a lawful trial. 13. Children may be examined to prove a felony against their parents, and bound to give Evidence; for the son, and daughter, of Elizab. Device a witch, were not only examined by the justice of Peace against their said mother, and the said examinations certified, and openly read upon the arraignment and trial; but the daughter also was commanded, and did give open Evidence against her mother then prisoner at the Bar; And by the statute of 10. 10. Carol. ca 19 in Ireland. Caroli in Ireland, the justices of peace are to bind by recognizance to give Evidence, all such as do declare any thing material to prove the felony. 14. It appeareth in the book of the discovery of witches, By an Infant. that two children, the one about 9 years of age, the other of 14. did upon their oaths give Evidence against the prisoners upon their arraignment: And likewise at an Assize at Down a murder was discovered, and the murderer condemned upon the sole evidence of a child of about 10. years old, and the murderer after she had received her judgement confessed the fact, with all the circumstances according as the child had declared the same. 15. Two inform against another in matter of felony, By persons discredited. and they in their tales (viz. in the day and place, when and where the felony was committed,) such information is not much to be credited. See the story of Susanna. 16. He that is examined, Cromp. 100 if part of that he speaketh be proved to be false, Dalton pag. 271. he is not much to be credited in the residue of his information, and therefore we shall find in 16. Ed. 4. that, a man who was produced as a witness in the Chancery, in his deposition was found to swear falsely in part, and thereupon his testimony was utterly rejected. 17. A man attainted of perjury, and after pardoned and restored, such a persons information is not much to be credited against a prisoner, for the old saying is, Once forsworn ever forlorn. 18. A man attainted of conspiracy or forgery, shall not be received to give Evidence, or to be a witness. See Cromp. 127. b. 19 But if one be brought before a justice of Peace upon suspicion of felony, although the information against the prisoner shall be by such witnesses, yet it seemeth safest for the justices of peace to take their information for the King, and to bind them over to give Evidence, etc. and to commit the party suspected: And upon the Trial to inform the justice of Goal delivery concerning the credit of those witnesses. P. Restitut. 1. 20. And for that, men should be the readier and more willing to give evidence against felons, 2●. H. 8. c. 10. in Ireland. there is a statute made in Ireland whereby it is enacted that if any man hath any goods stolen from him, if the fellow be thereof indicted, and after in any sort attainted, or found guilty, by reason of evidence given by the party rob or owner of the said goods, or by any other by his procurement, than the party rob or owner of the goods shall be restored to the said goods, Stamf. 165. 169. though he never made any fresh suit. Before which statute the party rob could have no restitution without suing of an Appeal against the fellow and fresh suit made. Restitution. Co. 9 80. 21. Also the executors of the party rob shall have restitution, by force of this statute, viz. upon evidence given by them, or by their procurement against the fellow, whereby the fellow is attainted or found guilty. 22. If a thief do rob or steal goods from three men severally, and he be indicted of the robbing or stealing from one of them, and arraigned thereupon, in this case though the other two would give Evidence against the offendor, yet shall they not have restitution of their goods by the meaning of that statute, for the fellow is not attainted of any other felony, P.R. 162. saving of that whereof he was indicted, but if he be indicted of all the three Robberies, or felonies, severally, and arraigned upon one of them, and found guilty by the evidence given by one of the parties rob, etc. yet shall he be after arraigned upon the other two Indictments, to the intent he may also be found guilty by the Evidence of the other two persons rob and that so they may have restitution of their goods stolen, according to the meaning of the said statute. 23. And if a man do steal goods at divers times from several men, 44. Ed. 3. 44. and he is after attainted at the suit of one of them only for the goods stolen from him, but is not attainted at the suit of the others, by this attainder the fellow shall forfeit to the King, not only his own goods, but also the goods stolen from those other at whose suit be was not attainted, though the fellow had no property but only a possession of those goods; And the property of the goods which remaineth in the right owner in this case is forfeited (by the owner) to the King for default of the owners pursuing the fellow. See Stamf. 66. 24. Also if there be divers of the Thiefs, and but one of the principals attainted (as before) yet the party rob shall have restitution: But in these and the like cases of restitution if the fellow hath sold the goods in a fair, or market Overt, and after be attainted of the felony (upon evidence given by the party rob) here the owner shall not have restitution, for by alienation in Fair, or market overt, the property of the goods stolen are altered, yet if he that bought the goods in market overt, were privy to the felony such sale shall not alter the property, quia particeps criminis. See 33. H. 6. 7. Co. 3. 78. 3. & 4. Ph. & Ma. ca 6. in Ireland. But by a statute made in Ireland the party rob shall have restitution out of the felons goods if the property be altered or the goods stolen esloyned so as they cannot be found. 25. A man shall have restitution of money stolen, though it cannot be known. Br. Restit. 22. 26. But if a man hath a horse or goods stolen from him and knoweth not by whom, or if he knoweth the fellow, yet if the fellow waiveth the goods flieth and escapeth, and the Lord of the Manor, etc. seizeth them, the party rob shall have no restitution, for that he cannot indite and attaint the fellow, and yet if the fellow had not the goods in his possession, and with him at the time when he fled (but had left them elsewhere) then are they not waived goods nor forfeit, but that the owner may take them again wheresoever he findeth them, without any restitution awarded. Co. 5. 109. 27. Examinations taken by Iu. of P. in one County may be, Examination certified. by them certified into another County, and there read and given in Evidence against the prisoner. 28. The offendor himself shall not be examined upon oath, for by the common Law, Nullus tenetur seipsum pr●dere. 29. But it seemeth convenient, in cases of felony and treason especially that the Information (of the bringers and others) which the Iu. of P. do take against the prisoner be upon oath; Upon oath. Otherwise upon the trial of the prisoner such Information, or examination taken by the I●stice of peace, shall not be read or delivered to the jury, nor given in Evidence against the prisoner upon his trial, and so was the direction of Sir Edward Coke late Lord chief justice (5. jacobi, at Cambridge, Summer Assizes) upon the trial of a fellow: For said he, in case of Trespass to the value of two pence, no Evidence shall be given to the jury but upon oath, much less where the life of a man is in question. 30. Also if the Informers be examined upon oath, then though it happen they should dye before the prisoner have his Trial, yet may their Information be given in Evidence, as a matter of good credit, And likewise it is found by experience, that without oath many Informers will speak coldly against a fellow before the face of the justice of peace, yea and will also speak very sparingly and coldly upon their Evidence given before the judges of Assize, as I have observed in some, had they not been urged with their former Information taken upon oath, for the labouring (by the offendor and his friends) to such as are to inform and give Evidence (both before the matter cometh before the justice of Peace and after) is now grown over-common and usual in Ireland, especially, in cases of greatest moment, or where it concerneth most notorious malefactors. 31. Also Master Brooke, (tit. Examination 32.) is of opinion that every examination ought to be upon oath, Examination 32. Br. and so also is the practice of the justices of the higher Courts at Westm. in all their Examinations of Summoners, Viewers, Sheriffs, Clerks, and other officers, etc. 32. And here let me admonish all such as are to inform or bear witness against a prisoner, or any offendor, before a justice of peace or other Magistrate, that they be well advised, what they testify upon their oaths, knowing that in such cases, if either they should not speak the truth, or should conceal any part of the truth, they should offend against God, the Magistrate, the innocent, the common wealth and their own souls, sc. against God in despising of him, and belying the truth. Against the Magistrate, in deceiving of him, and causing him to do Injustice. Against the Innocent, in spoiling him of his Name, goods, or life. Against the Common wealth, if the party be nocent or guilty, and he clears him by false witness. And against his own soul, for it is perjury in him, (at least, in the presence of God and good men.) Whether Information, Evidence, or proof of witnesses shall be taken against the King. CHAP. 28. 1. IT seemeth just and right that the justice of Peace, who taketh information against a fellow, or person suspected of felony should take and certify as well such information, proof and evidence, as goeth to the acquittal or clearing of the prisoner, as such as makes for the King, and against the prisoner, for such information, evidence, or proof taken, and the certifying thereof by the justice of peace is only to inform the King and his Iu. of gaol delivery of the truth of the matter, and such was the opinion of Sir Edward Coke, at Lent Assizes at Bury. Dalton pag. 274. 5. jac. as Master Dalton reporteth, but the justices of peace, or Coroner may not take such information, evidence, or proof, as maketh against the King upon oath for that is not warranted by the statute of 10. Caroli ca 18. 2. Upon trial of felons before the justice of gaol delivery the said Iu. will often hear witnesses and evidence, which goeth to the clearing and acquittal of the prisoner, yet they will not take it upon oath, but do leave such testimony and evidence to the jury to give credit, or to think thereof as they shall see and find cause. 3. Popham chief justice (at Cambridge Assizes tempore Eli.) committed one to prison who upon the trial of a fellow called out, that he could give Evidence for the Queen, and when he was sworn he gave Evidence to acquit the offendor. 4. In 7. H. 4. we shall find that one of the Sergeants, Stamf. 141. b. as amicus Curiae, Co. 4. 19 and to inform the Court (that they should not err) did show his opinion to the benefit of a prisoner upon the insufficiency of the Indictment. 5. Now upon the examination of felons, Causes of suspicion. and other like offenders these circumstances following are to be considered: 1. His name, scil. if he be not called by diverse names. 2. Quality, 1. His parents, if they were wicked and given to the same kind of fault. 2. His ability of body, sc. if strong and swift, or weak or sickly, not likely to do the Act. 3. His nature, of civil or hasty, witty and subtle, a quarrel, pilferer, or bloody minded, etc. 4. His means, if he hath whereon to live, or not. 5. His trade, for if a man liveth idly or vagrant (nullam exercens artem nec laborem) it is a good cause to arrest him upon suspicion, if there have been any felony committed. 7. Ed. 4. 20. 6. His Company, if Ruffians, suspected persons, or his being in company with any the offenders. 7. His course of life, sc. if a common Alchouse-hanter, or riotous in diet, play or apparel. 8. Whether he be of evil fame, or report. 9 Whether he hath committed the like offence before, or if he hath had a pardon, or been acquitted for felony before, Nam qui semel est malus semper presumitur esse malus in eodem genere mali. 3. Marks or Signs. 1. If he hath any blood about him. 2. If any of the goods stolen be in his possession. 3. The change of his countenance, his blushing, looking downwards, silence, trembling. 4. His answers, doubtful, or repugnant. 5. If he offered agreement or composition. 6. The measure of his foot, or horse foot. 7. The bleeding of the dead body in his presence. 8. If being charged with the felony or called thief, he saith nothing. F. Cor. 24. 9 If he fled, Fatetur facinus, qui judicium fugit. 4. The fact 1. Place, sc. if convenient for such Act, as in a house in a wood, Dale, etc. 2. Time, the year, day, and hour, early or late. 3. Where the offendor was at the time of the fact, and where the day or night before, his business, and company there, and witness to prove all these. 4. Manner: if willingly by chance, or necessity. 5. The cause 1. If former malice. 2. If to his benefit, or what hope of gain. 3. If for the eschewing of any hurt or danger. 6. The persons, Agens, if principal, or Accessary, Enfant, Lunatic, etc. Patiens, if against the King, common wealth, Magistrate, master, etc. F. Cor. 211. 6. A fellow brought before a justice of Peace, accuseth others, it is sufficient cause for the justice to grant out his warrant for the rest. 7. A man going to execution, accuseth another of felony, it is sufficient cause to arrest him. 8. Communis vox & fama, that he did the offence, is sufficient cause of suspicion, Fama. Br. Faux. Impris 16. sc. where such a felony is done, otherwise not. 9 But yet for the better conceiving what may breed, or give just cause of suspicion, mark some of Master Bractons' rules: Stamf. 97. 1. For saith he, Oritur suspitio ex fama, fama vero quae suspitionem inducit oriri debet apud bonos & graves (non quidem malevolos & maledicos, sed providas & fide dignas personas idque non semel, sed saepius: vanae autem voces populi non sunt audiendae. And therefore where the common proverb is, Vox populi est vox Dei, it should be, Vox populi Dei, est vox Dei. 2. Si furtum in manu alicujus inveniatur, vel sub potestate alicujus, tunc ille in cujus domo vel potestate res furtiva inventa fuerit tenebitur, Stamf. 29. (nisi warrantum invenerit, qui cum inde defendere possit) for as another saith, Cum adsunt testimonia rerum, quid opus est verbis? Stamf. 179. 3. Si quis noctu cubaverit, in domo solus cum aliquo qui interfectus sit, vel si duo aut plures ibi fuere & hutesium non levaverit, nec plagam a latronibus vel interfectoribus in defension facienda accipere, nec ostendunt quis de se vel de aliis hominem interfecerit, his casibus mortem dedicere non possunt. 4. Si quis in domum suam notum vel ignotum acceperit, qui unius ingredit visus est, Ibid. vero postea nunquam nisi mortuus, dominus domus si tunc domisit, vel alii de familia qui tunc interfuerunt, poenam capitalem subibunt nisi forte per patriam fuerint liberati. Stamf. 97. & 179. 5. Sunt etiam quaedam presumptiones ita violentae, ut probationem non admittunt in contrarium, ut si quis cum cultello cruentato captus sit super mortuum vel fugiendo à mortuo, vel mortem confitetur quibus casibus non admittitur mortem dedicere, nec alia opus est probatione. 10. And yet in cases of felony, Co. 11. 30. 2. Vide. etc. the confession of the offendor upon his examination before the justice of peace shall be no conviction of the offendor, except he shall after confess the same again upon his trial, or arraignment, or be found guilty by verdict of 12. men, etc. 11. Also in cases of secret murders, and in cases of poisoning, witchcraft, and the like secret offences, where open and evident proofs are seldom to be had, there it seemeth half proofs are to be allowed, and are good causes of suspicion. 12. Note by the common Law, 8 E. 4. 4. 5. H. 7. 4. Br. Faux. imp. 4. 16. that in an action of false imprisonment brought against the Constable, or other person that shall a●rest another upon suspicion of felony, it is no plea for them to say that the plainetiffe was suspected of felony, but he must allege that there was such a felony committed, and that the plainetiffe was suspected for the same, for suspicion only without a felony committed, is no cause to arrest another. 13. Also the defendant must allege some special matter in fact, 17. E. 4. 5. 21. H. 7. 29. to prove that he who is arrested, was suspected of felony (as to say) that the parry arrested, is a man of evil fame, etc. otherwise every man may arrest one another without cause. 14. Also by the opinions of Keble, Vavisor, and Townsend, 7. E. 4. 10. Br. Faux. imp. 16. 25. aswell the Constable as others in his aid, may arrest one that is suspected of felony upon the suspicion and complaint (made to the Constable) of the party rob. 2. H. 7. 15. 16. Br. Faux. Impris. 14. 2. H. 7. 15. & 16. And although others there be of opinion that the suspicion can extend to none other, but only to him that hath the suspicion, yet I conceive the opinion of Keble, Vavisor, and Townsend, to be good Law, for if felons may not be arrested, or stayed, but only by those that shall suspect them, and that others may not aid and assist the party, that shall suspect another to have rob him, many felons shall escape and go unpunished to the exceeding great prejudice of the common wealth. 15. But now by the statute of 10. Caroli in Ireland. The constable, etc. in the former cases, 10. Caroli c. 16. in Ireland. may plead the general issue (not guilty) and give the said special matters in Evidence. 16. Also if the Constable, or other person shall arrest another upon suspicion of felony by virtue of a warrant from a Iust. of P. such warrant shall excuse him, it being given in Evidence. Forceible Entry and Forceible Detainer. CHAP. 29. 1. Cromp. 67. THe common Law (being the preserver of the common peace of the land) hath always abhorred force as the capital enemy thereto. Co. 3. 12. And yet, before the Reign of King Richard the second, the common Law seemed to permit any man to have entered into lands and tenements with force and arms, and also to have kept and detained them with force, where his Entry was lawful. 2. And at this day, if a man doth enter with force (or multitude of people) where his entry is lawful, he is not punishable by action either at the common Law, nor (by action) upon any statute, for where the title of the plainetiffe is not good, there he hath no cause of action, 15 H. 7. 15. Br. Force 11. although the defendant doth enter with force, but in such case he that entereth with force must be indicted upon the statute of 8. H. 6. or otherwise complaint may be made thereof to the justices of peace, and aswell upon such indictment, as upon such complaint, the offendor shall be punished, but the party (ousted) shall not be restored without indictment. 5. R. 1. ca 7. Regist. 182. 3. And for the better restraining of such force, and forceible Entries, and to inflict condign punishment upon the offenders therein, it was first ordained by the statute. 5. R. 2. that no man should enter into any lands, or Tenements, with force, or multitude (though he had good right, or title to enter) but only in peaceable and lawful manner. 4. But this statute provided no speedy remedy, nor extended to holding with force, 15. R. 2. ca 2. nor gave any special power therein to the justices of peace, and therefore by a statute made 15. R. 2. it was further provided, that if any man should detain, or hold with force after such forceible Entry made, upon complaint thereof he should be imprisoned by the justices of peace. 5. Yet neither of the former statutes extended to those that entered peaceably, ●. H. 6. ca 9 and then held with force, and therefore by the statute. 8. H. 6. it was and is provided that no man shall enter with force, nor detain (or hold) with force (generally.) 6. Now these two last statutes. 15. R. 2. and 8. H. 6. do enable any one justice of peace, to give present remedy, viz. to remove the force, and commit the offenders in cases of forceible Entry, or holding against the aforesaid statutes. 7. Also the statute of 8. H. 6. extendeth further, reaching the offenders, if they were removed before the coming of the justices, giving the Enquiry and restitution, and also punishing the Sheriff that shall not obey the precepts of the Iust. in this behalf. One justice. 8. Every justice of peace, upon complaint to him made, or upon other notice to him given, 15. R. 2. ca 2. of any forceible Entry into, or holding, or detainer of possession of any lands, tenements, or other possessions, or of any benefices, ● H. 6. ca 9 P. 1. or offices of the church contrary to these statutes, without any examining, questioning, or standing upon the right, or title of either party, aught in convenient time, at the costs of the party grieved to do execution of these statutes in manner and form following. 9 15. R. 2. ca 2. First he ought to go to the place where such force shall be and he may take with him sufficient power of the County, or Town, by his discretion, and the Sheriff also, if need be, to aid him, for the better execution of this business, sc. aswell for the arresting of such offenders, as also for the removing of the force, and for the conveying of them to the next gaol. 10. He ought to arrest, and remove all such offenders as at his coming he shall see, or find, touching the force. Arrest. And may take away their weapons, harness, and Armour, and presently cause them to be praised, and afterwards to be answered to the King, as forfeited, or the value thereof. 11. If the doors be shut, and they within the house shall deny the justice to enter, he may break open the house to remove the force. 12. But if such offenders being in the house, at the coming of the justice, shall make no resistance, nor make show of any force, than the justice cannot arrest, or remove them, except upon the enquiry, a force be found, See Cromp. 37. 13. Also if the house or land which is holden with force shall extend into two Counties, Cromp. 71. and the offenders remove their force into that part of the house or land, which is in the other County when the justices do come, they cannot then remove the force. 14. And if the justice at his coming shall see or find a force, and shall remove the offenders, yet he may not upon his own view, restore the party ousted, to his possession again without enquiry first made of the force by a Iury. 15. Record. 14. H. 7. 8. Co. 8. 121. Also the justice ought to make a Record of such force by him viewed, which Record shall be a sufficient conviction of the offenders, and the parties shall not be allowed to travers it. 16. 163. & 375. And this record (being made out of the Sessions by a particular justice) the said justice may keep it by him, or he may make it indented, and certify the one part into the King's Bench, or leave it with the Clerk of the peace, and the other part he may keep himself. 17. The form of the record you shall find hereafter in the Title of warrants and precedents. 18. Imprison. 21. H. 6. 5. Br. Peace 4. Also he ought to commit (immediately) to the next gaol all such persons as he shall find and see, continuing the force at his coming to the place, there to remain convict by his own view, testimony, and record, until they have paid a Fine to the King; Co. 8. 12●. P. 2. For this sight and view of the force by the justice (being a judge of Record) maketh his record thereof (in the judgement of Law) as strong and effectual, as if the offenders had confessed the force before him, and touching the restraining of a traverse more effectual than if the force had been found by a jury upon the Evidence of others. 19 A●d yet the words of the statute seem more large, sc. And if he do find any that made any such forceible Entry or that hold the place with force, Cromp. 1●5. etc. he shall commit the offenders to the gaol, etc. But such force must be in the presence, or view of the justice of peace, or else he can neither record it, nor yet commit the offenders. 13. H. 7. Crook 41. 20. The form of the Mittimus you may see afterwards in the Title of warrants and precedents. 21. Also the same justice of peace, or some of them that shall see the force (as having best knowledge of the matter and of the quality of the offence, Fine. Co. 8. 41. a. 557. and having the custody of this record (are the proper judges over this offence; And therefore may assess the fine upon every such offendor, and commit him until he make payment thereof: But the fine must be imposed upon every offendor severally and not upon them jointly. Co. 11. 43. 3. And the justice ought to estreate the same Fine, and committal, and to send the estreate immediately into the Exchequer, that there the Sheriff may be charged with the said Fine upon his account. 22. Also upon payment of the said Fine the said justice may deliver the offenders out of prison again by some opinions, Br. Imp. 100 but the safest way for the justice of peace is to estreate the Fine and committal into the Exchequer and leave the further proceeding therein to that Court. 23. Or the justice of peace, by some opinions, may record such force and commit the offenders, and after certify the record to the justices of Assize, Cromp. 161. and gaol delivery (as it was done at Stafford Assizes, Anno 26. Eliz. by the report of Master Crompton) or else to certify it to the general Sessions of the peace, (as it seemeth to Master Crompton) and there the offenders may be fined: For saith he, the statute doth not say, that the Fine shall be assessed by them that record the force, more than by other justices. 24. Or rather the justice of peace may certify, or deliver the record by him made, and refer the fine, and further proceed therein to the K. Bench, in regard of their supreme authority in such cases. And this Master Lambert thinketh to be the safest course. Enquirie. 25. Also the justice of peace notwithstanding his own view of the force, may and aught in some good town and place near where the force was, to inquire by a sufficient jury of the same County to be returned by the Sheriff, aswell of those which made such forceible Entry, as of those which made such forceible deteyner. 26. And here note that any one justice of peace alone out of the Sessions may make an Enquiry (being so appointed by the statute) whereas otherwise there must be two justices at the least, to make an inquiry, or to hold a Sessions, and one of them of the Quorum. 27. And this enquiry ought to be made whether the offenders be present, or gone, at the coming of the justice of peace, yea this enquiry the justice must make, though he go not to see the place, where the force is, for without this enquiry, there can be no restitution. 28. The form of a precept to the Sheriff, to return a jury, and the form of the Enquiry, Presentment, or verdict, you shall find in the Title of warrants and precedents. 29. And if upon such Enquiry, Restitution. such forceible Entry (or forceible holding, or deteiner) shall be found by the Oaths of the Enquirors, than the said justice of peace shall reseise the lands and tenements so entered upon, or holden, and thereof put the party in possession again, which in such sort was put, or holden out. 30. But aswell the putting out as also the holding out must of necessity be found and that by express words in the Indictment. 31. And this restitution, the justice of peace may make himself; Or he may make his warrant to the Sheriff to do it: Or else he may certify such presentment, or indictment taken before him, into the King's Bench, and so leave the restitution to be awarded, out of that Court. 32. But the justices of Assize and gaol delivery, nor justices of peace at their general Sessions, cannot, as it seemeth, make or award restitution, except the Indictment were found before them, but the justices of peace only or some of them that were present at the enquiry, Co. 9 11●. and when the indictment was found (they only) have power to make restitution, except the justices of the King's Bench who have a supreme authority in all cases of the Crown. 33. And therefore if the record, sc. the presentment of such force shall be certified by the justice of peace into the King's Bench; Or that the same prefentment or indictment shall be removed thither by Certiorari there the justice of the King's Bench may award a writ of Restitution to the Sheriff of the same County to restore possession to the party so expelled. 34. After it shall be found by such Enquiry, P.R. 14. b. that such forceible entry, or deteiner is made, the justice of peace may break open the house by force, to reseise the same, and to put the party so put out in possession again: And so may the Sheriff do, having the justice warrant. 35. The form of such warrant from the justice of peace to the Sheriff to make restitution you may see in the Title of warrants and precedents. 36. But the justice of peace may not, in any wise make restitution without such inquiry first had, and such force thereby found; And if the justice shall make restitution without inquiry, it seemeth to be punishable in the Starchamber. 37. Also this restitution ought to be made to none but to him only that was put out, so that if the Father be put out by force and dyeth (after inquiry and before restitution) his heir shall not have restitution. 38. Also such restitution must be made, only where a man is put out, or holden out, etc. of house, or land, and is not to be understood of a Rent Common, Advowson, or such like. 39 Also the justice may make restitution, notwithstanding any offer of Traverse, but yet upon Traverse tendered the safest way (for the justice of peace) seemeth to be, for him to deliver, or certify the presentment into the King's Bench, and so to refer the further proceed therein to them. 40. And although these statutes do inflict no penalty upon the justice of peace if they shall not execute these statutes, yet (if upon complaint or other notice to them given of such force) they shall not at least remove the force, record it, and commit the offenders, they are punishable in the Starchamber. 41. Although the justice of peace ought to commit to the gaol and may fine all such as he shall see continuing the force at his coming to the place, yet upon a force found by the inquiry only, and not viewed and seen by the justice, he may neither fine, nor send to the gaol the said offenders (by the statute of 8. H. 6. which appointeth the inquiry) for the justice hath power by the said statute to make restitution only as saith Master Lambert, Cromp. 161. b. yet Master Crompton holdeth the contrary; But howsoever the Iust. of P. is to remove, the offenders that be present, that so he may restore the other, and may bind the offenders to their good behaviour, and if the offenders be gone, yet the justice may make his warrant to take the offenders, and may after send them to the Gaol, until they have found sureties for their good behaviour. 13. H. 4. ca 7. 42. Note that if such forceible Entry, or detainer, shall be made by three persons, Cromp. 68 b. or more, than is it also a Riot, and then (if there be no former enquiry thereof made) the two next justices of peace upon notice ought to inquire thereof (as of a Riot) by a jury within one month, upon pain to either of them making default to forfeit 100 l. Defaults of Sheriffs. 43. Also one justice of peace may, as it semmeth hear and determine the defaults of Sheriffs and Bailiffs, in not returning sufficient jurors (whereof every one shall have lands, 8. H. 6. 9 P. Just 89. Rast. 174. c. etc. to the value of Forty shillings by the year at the least) before him, to inquire of such forceible Entry, or deteiner, and the said justice of peace may proceed therein aswell by bill, at the suit of the party grieved for himself, as also by indictment only for the King: And the same process shall be made against such persons indicted or sued by Bill in this behalf, as should be made against persons indicted, or sued by writ of Trespass with force and Arms against the King's peace. 44. And though any one justice of peace may proceed in every of these former cases of forceible Entry, or deteiner, as aforesaid, yet if two or more justices shall join therein together, it is the better, fo● plus vident oculi, quam oculus, & securius expediuntur negotia pluribus ●●●missa. Co. 4. 46. 〈…〉 45. Also the Mayors, and justices of Peace, and the Sheriffs, and Bailiffs of Cities and Burrougheses having Franchise, 8. H. 8. 9 Rast. 174. d. have in the said Cities, towns and Burrougheses like authority to inquire of such Entries, or putting out, and in other the Articles aforesaid, rising within the same, as the Iust. of Peace and Sheriffs in Counties and Shires have. 46. The stat. of Northampt. Also every justice of Peace to whom a writ upon the statute of North-hampton (concerning the removing of a force) shall be delivered, aught to execute the same writ, sc. he ought to remove the force, and to certify his doings therein into the Chancery. 1. Ed. 3. 3. 47. And for that the justices of peace, to whom this writ shall be delivered, is herein but a minister, and is to certify that which he shall do therein, I will here set down the manner how he shall proceed to execute this writ: 1. When the justice of Peace shall come to the place where the force is supposed by this writ, he may cause three Oyes for silence to be made, and then he may make Proclamation in the King's name to this effect. The King's Majesty's justice of Peace straightly chargeth and in his Majesty's name commandeth all and every person to keep silence, whilst his Majesty's writ, etc. be read, and proclamation be thereupon made accordingly. 2. Then may he read, or cause to be read, the writ, or may declare the effect thereof. 3. Then let three other Oyes be made, And thereupon make proclamation again as followeth: His Majesty's said justice doth in his Highness' name and by virtue of his Majesty's writ, straightly charge and command that no manner of person of what estate, degree, or condition soever, now being within the house of B. etc. (named in the said writ) shall go armed or keep force of armour, or weapon, nor do any thing there, or elsewhere, in disturbance of his Majesty's peace, or in offence of the stat. made at North-hampton, in the 2. year of King E. 3. upon pain of losing his said armour and weapons, and of imprisoning his body at his Majesty's pleasure. God save the King. 4. Then the Iust. of P. may enter, and search whether there be any force of Armour, or weapon worn or borne, against this proclamation, or otherwise, he may inquire thereof by a jury, for so the writ itself doth warrant him; And if after proclamation any such be found, he ought to imprison the offenders, and to seize to the K. use and praise (by the oaths of some present) the armour and weapons so found with them, and the offenders so imprisoned are to remain in prison until that some other commandment be given concerning them from his Majesty, viz. by writ out of the Chancery. 5. But if upon the Proclamation made they do departed in peaceable manner, then hath the Iust. no warrant by the writ to commit them to prison, nor to take away their Armour. 6. But when the justice hath removed the force (upon his writ) he may not put the party that was put out, Cromp. 74. 162. in possession again, for if he do, it seemeth both the justice, and the party also are punishable in the Starchamber, for the writ doth authorish the justice only to remove the force, and not to make restitution. 48. The form of this writ upon the statute of North-hampton you may see in Fitz. N.B. 249. Without writ. 49. The form of the certificate, or return into the Chancery of this writ, you may see after in the Title of warrants and precedents. 2. Ed. 3. 3. P. Armour. 1. 50. Also every justice of peace (ex officio) and without any writ may do execution of this statute of North-hampton, and that aswell by force of the commission, as also of the said statute. 51. The manner to execute this statute, by the justice of peace (ex officio) seemeth to be all one, as before, where he hath a writ delivered him, saving that when he doth this ex officio and without writ, he needeth not to make any proclamation, nor to send any certificate into the Chancery. But the justice may go to the place where the force is, and if it be in a house may enter, and search if any force of Armour, or weapon be worn and borne against this statute. And if any such offenders be found, he may commit them to prison and may seize and praise the Armour and weapon so found with them, and he ought to record all that which he shall do in this behalf and the same to Estreate into the Exchequer that the King may be answered of the Armour, or of the value thereof. 52. But here again the justice must not make any restitution of the possession to the party ousted but must only remove the force. 53. And concerning the offenders so found, and committed by the said justice of peace, Cromp. 160. it seemeth the justice at his discretion may fine them, and upon payment thereof, may deliver the offenders, even as in the former statutes of 15. R. 2. & 8. H. 6. Or else the said justice may record such force, and commit the offenders and after certify the record into the King's Bench or to the justices of gaol delivery, or to the general Sessions of the peace, but if he commit and fine the offenders he must Estreate the same into the Exchequer. 54. So that these statutes do now give full remedy, and do prohibit, and are made against these three degrees or sorts of force, viz. against Fitz. 248. c. 1. Such as enter peaceably, and then hold forceibly. 2. Such as enter with force, and then hold peaceably. 3. Such as do both enter forceibly, and hold forceibly. 55. Now it is requisite to show how the justice of peace shall demean himself in the execution of these statutes; I will therefore proceed to give him some further light in these seven particulars following: 1. First what is a forceible Entry, and what is a forceible holding within the meaning of these statutes. 2. Who may commit a forceible Entry, etc. and upon whom. 3. Where a force or forceible holding is justifieable or lawful. 4. What, and how many several remedies the party hath that is so put, or kept out of his possessions. 5. The manner of proceeding of the justice of peace by Enquiry. 6. Of restitution to be made to the party so put out, by whom and to whom. 7. What causes there may be for staying the justice of peace from making restitution. What is a forceible Entry or holding within these statutes. CHAP. 30. 1. OUr Law taketh knowledge of two manners of force, the one may be termed a force in judgement of Law, which accounteth every private Trespass to be a force, so as if I do but pass over another man's ground without licence, he may have his action of Trespass against me, Quare vi & armis, etc. 2. The other manner of force is more apparent, and always carrieth some fearful show, and matter of terror with it. 3. This last sort of force is, that which is prohibited by these statutes, and therefore note that every force, punishable by these statutes must have one of these two badges, sc. it must be either Manuforti, or multitudine. 4. Manuforti, sc. either with apparent violence (in deed, Dalton p. 177. or word) offered to the person of another: as threatening speeches, turbulent behaviour, or actual violence; or else that they be furnished with offensive weapons, by them not usually borne; and this may be done by one person only. 5. Multitudine, 10. H. 7. 12. sc. with company more than usually they have attending on them, 10. H. 7. 12. The law properly calleth it a multitude, when there be three or more in one company. 6. If therefore one, Forceible Entry. or more persons shall come weaponed (especially with weapons not usually borne) to a house or land, and shall violently enter thereinto, this is a forceible Entry within the meaning of these statutes. 7. Much more if (being so entered) he or they shall there offer violence, or fear of harm, Dalton p. 177. to the person of any that is in possession thereof; most of all, if he or they shall forceibly and furiously expel and drive another out of such his possession. 8. So is it if one shall enter peaceably (the door being open, Dalton ibid. or only latched,) and after he is in the house, he shall forceibly put another out of his possession. Dalton ibid. 9 So is it if he or they that shall enter peaceably, shall after their Entry offer apparent violence, threatenings, or fear of harm to the person of any that is in possession, to the intent to get him out, and to make him leave the possession, though they do not put him out of possession, much more if they get the possession thereby. 10. If he or they that have entered peaceably, shall after use words to any in possession to this effect, Dalton pa. 178. as to say they will hold or keep it, though they die for it, or in spite of the other, or such like, or other threatening words, this maketh it a forceible Entry. 11. So it is if divers persons shall come with weapons (not usually borne by them) to a house that is open, Cromp. 69. or to ground, and shall there enter peaceably without any disturbance, yet this is a forceible Entry, for it shall be intended that they would have used force, if they had been resisted. 10. H. 7. 12. Br. force 30. 12. So it is when the Master entereth into an house or land, being attended with a greater number of servants than usually do wait on him. 13. Note that though a man do actually use no force in his Entry, yet if he do come so appointed, either with weapon, or company that other men may be reasonably afraid that he mindeth to make his way by force, Dalton ibid. rather than he will fail of his purpose, it seemeth to be a forceible Entry. 14. Also it seemeth that every Entry into another man's house, or ground which is made with force (sc. manuforti, A trespass. Dalton ibid. or cum multitude.) either with apparent violence offered to the person of any other, or furnished with weapons, or company which may cause fear) though it be but to cut, or to take away another man's Corn, grass, or other goods, or to fell or crop wood, or to do any other like trespass, though he do not put the party out of his possession, yet it seemeth to be a Forceible Entry, punishable by these statutes. 15. But if the Entry were peaceable, and after such Entry made, they cut or take away any other man's Corn, Dalton ibid. grass, wood or other goods without apparent violence, or force, though such Acts are accounted a Disseisin with force, yet they seem not to be punishable by these statutes: sc. the justices of peace are not to remove, imprison, or fine such offenders. Cromp. 70. 11. H. 4. 16. 16. Also if one or more shall enter into another man's house, or land peaceably, and after his or their Entry, shall by force or violence, cut or take away any Corn, Grasse, or wood, etc. or shall forcibly and wrongfully carry away any other goods there being, this seemeth to be a forceible Entry punishable by these statutes. 20. H. 6. 11. 17. So is it if a man shall distrain with force for a Rent (be it due or not due) this doth countervail an Entry with force. Br. Forc. 1. Dalton ibid. 18. And in these cases of Trespass only, the justice of peace (upon complaint to him made) may, as it seemeth, remove such force and upon view thereof, may imprison and fine such offenders. 19 If a Disseisor hath entered peaceably, By words. Dalton pa. 179. and being entered shall presently threaten to kill the Disseisee, if he reenter, this seemeth a Forceible Entry in the Disseisor. 20. But note, 2. H 7. 16. Br. force 25. that a Forceible Entry cannot be without an actual Entry, for the words of the statutes be, whosoever doth enter, etc. 21. Note also, if one that hath right to enter upon land, Cromp. 70. shall go with diverse in his company, and with weapons over the land whereto he hath right, to the Church, Market, or some other place; this is no Entry with force, except he shall express his intent, that he doth enter there, claiming the land. 22. Note also, that if a man shall enter with force (into house or land) although he obtaineth not, 5. R. 2. ca ●. 15. R. 2. ca 2. 8. H. 6. ca 9 nor getteth the actual possession thereby, yet shall he be imprisoned and fined, for the only entering with force, as it seemeth, see the statutes in the margin, but Restitution is not to be made, but only where there is a putting out, and a holding out of another out of his possession. 23. If by fair means, Lawful. Dalton pa. 175. a man (whose Entry is lawful) shall persuade or entice them which are within the house, to come out, and then (the door being open, or shut by the latch only) he shall enter peaceably, without multitude, offensive weapons, or other violence; this Entry seemeth to be justifiable. 24. So is it, if he shall enter peaceably, Dalton ibid. and then by gentle persuasions can send them out that are within the house, and after shut the door, and keepeth them out, this seemeth justifiable, so that afterwards he holdeth it not forceibly, nor useth violence or threatening speeches. 25. So it is, if I shall take a man being out of his house, and then I do put or send into the house my servant, or some other, Dalton ibid. in peaceable manner, and do hold away the other by imprisonment of his person; this is no forceible Entry, nor deteyner within these statutes, but a false imprisonment punishable by action only. 26. So it is, if he whose Entry is lawful, Dalton ibid. shall enter peaceably into his house (the doors being open, or shut by the latch only) and being so entered, shall continue and abide there peaceably; this is justifiable: And if they which were before in possession shall put or thrust him out forceibly: this is a forceible deteyner of their parts. 27. Forceible Deteiner, Forceible deteiner. Dalton ibid. must be understood of a forceible detaining of the possession of lands or tenements, and not of the person of a man as before. 28. Note also, though the Entry were at the first peaceable, 8. H. 6. ca 9 P. force 4. Dalton pa. 180. and lawful, yet if there be after a holding by force, it is punishable by the statute, except where there was at the first a lawful and peaceable entry, and thereupon a lawful possession, peaceably continued by the space of three years together without interruption, for there a man may hold and keep such possession with force against all others, saving against the King's officers. 29. If the justice of peace shall come to the place or house, that is supposed to be holden with force, P.R. 41. Cromp. 70. and there shall find the doors or gates shut, and he or they within shall deny him to enter, or will not suffer him to enter, this is a forceible holding or deteiner, though there be no weapons showed or used, and though there be but one person in the house or upon the ground. 30. So it is, if when the justice of Peace entereth the house or ground, Ibid. he shall find there any persons in harness, or otherwise armed, or having harness, armour, or other weapons, not usually borne by them, lying ready, this is a forceible Deteiner. Ibid. 31. So it is if the justice of Peace shall find in the house any great number of people, other than the ordinary family, or company. P.R. 41. 32. Also, if a man shall enter peaceably into a house, and after shall bring into the same more weapons than he and his ordinary family do usually wear, or shall make any use of such weapons as he doth find in the house, to defend his possession therewith, these are forceible Deteiners within these statutes. 33. If a man that hath peaceably entered into an house, will bestow men with force (scil. with harness, Ibid. guns, or other weapons, in some other house or place, not fare distant) to the intent that they may be ready to assault such as shall enter upon him, this is a deteiner with force. Cromp. 69. 34. So is it if the disseisor of a house or land, shall forestall the way of the dissesee, with force and Arms, so that the disseisee dareth not enter nor come near thereto for fear of death, etc. Dalton pag. 35. So is it if a man shall keep his cattles in another man's ground by force, P.R. 39 claming Common there, when he hath no Common, in this case, the justice of peace upon complaint to him made may remove this force; And upon view thereof may record it, and may commit such offenders to prison, and may fine them, but cannot award restitution. By words. 36. Also there may be a forceible detaining of possession by word only without any forceible Act. Cromp. 70. P.R. 39 37. As if A. hath wrongfully (though peaceably) entered into the house or upon the land of B. and hath put out B. and shall presently threaten, or say to B. that if he do come thither again to enter he will kill him. This seemeth a forceible Entry by A. and if B. shall afterwards come again to make his Entry, and then A. shall threaten to kill him, if he entereth there, this is a forceible deteiner in A. 38. And it seemeth that to threaten to maim, beat, or to do other bodily hurt to B. in the case aforesaid amounteth to a forceible Entry, or deteiner, for that death may ensue upon such beating, or hurt, See 39 H. 6. 50. 7. E. 4. 21. 39 H. 6. 50. 39 But to threaten to burn the house, or to spoil his goods therein (if B. shall come thither to enter again) this seemeth not to amount to any such matter, Br. Dures. 9 12. 16. for that B. may afterwards have his action for the burning of his house, or spoiling of his goods, and shall thereby recover damages to the value thereof, etc. 40. Also when B. shall come to make his Entry as aforesaid, Cromp. 70. if A. shall say to him that he will not open the door, this is no forceible deteiner. 41. So it is if A. be in possession of a house, Cromp. 73. or hath a lease thereof at the will of B. and after B. entereth into the house and commandeth A. to go out, and to leave him the possession, and A. will not go out, this is no force, for refusing, or denying only to go out, is no force, unless there be withal some forceible Act or threatening speeches, ubi factum nullum ibi fortia nulla, where there is no fact, there is no force. Co. 4. 43. 42. A morgageth his house to B. upon condition, that if A. shall pay to B. such a day 40. Dalton pa. 181. l. then the said mortgage (and feoffment to be void) and by agreement of them both A. the morgager continueth the possession until the day of redemption, at which day A. payeth not the 40. l. and after B. cometh to reenter, and A. keepeth the possession by force, this is a deteiner by force in A. by the opinion of Master Richard Godfrey in a case between Willows and Thurger, which opinion I conceive to be good Law, for the possession of the morgager, after the mortgage by agreement was in Law the possession of the morgagee. 43. Cromp. 69. The disseisor maketh a gift in Tail to B. who keepeth the land with force at the time when the disseisee maketh his claim, which claim is made within the view, so near as he dareth, Litt. 429. for fear of death, battery, or other bodily hurt, if B. after such claim shall continue the possess. with force, he may be thereof indicted, for this amounteth to a new Entry and a deteiner with force by B. 44. And note that wheresoever mine Entry is lawful, Dalton. pag. 181. if the possess. be detained or holden from me by force, I may pray the aid of the justices of peace to remove such force as it seemeth. 45. Rent. Cromp. 70. P.R. 63. Dalton pa. 181. If a man hath a Rent or common of pasture out of another man's land, and coming to distrain for his rent or to use his common, he is so forceibly resisted by the Tenant of the land, that he cannot, or dareth not, either distrain for his rent or take the benefit of his common. This is a holding with force in the Tenant, and punishable by these statutes. 46. Cromp. 69. So it is if the Tenant of the land shall forestall the way with force and Arms, or shall threaten him (that hath the rent or Common) so that he dareth not to come to distrain for his rent, nor to take his Common. 47. So it is if a man shall distrain for his rent, Ibid. Dalton 181. & 182. and the Tenant of the land shall make rescous with force and Arms. 48. And in these cases (of a rent or common) the justice of peace upon complaint to him made, may remove such force, and upon view of such force may record it, and may therefore imprison and fine such offenders, but cannot award restitution, sc. cannot restore the party to his rent or Common (which are to be taken and used in another man's land) for restitution is not to be made, but only of the house or land as you may see hereafter in its proper place. Who may commit a forceible Entry, etc. CHAP. 31. 1. ONe person alone may commit or make a forceible Entry or deteiner, The persons. if so be he do it with offensive weapons, or do use turbulent behaviour to the terror or Affray of others. Dalton 182. Cromp. 69. 2. An infant of the age of Eighteen years, by his own Act may commit a forceible Entry, or deteiner, and so he may though he be under Eighteen, Dalton 18●. yet it shall be good discretion in the justices of P. to forbear the imprisonment of such Infants. See Br. Impris. 43. 45. 75. 101. 3. But if an infant commandeth another to enter or hold with force to his use, Dalton ibid. which is done accordingly, yet the Infant shall not be punished for such offence, for his commandment therein was void. Cromp. 69. 16. Ass. 7. Br. Impris. 45. 53. See more after in the title riot. 4. Also a feme Covert, by her own Act, may commit a forceible entry, or deteiner, and upon the justice's view of the force, she shall be imprisoned (and it seemeth also she may be fined in such case) But such fine set upon the wife shall not be levied upon the husband, for the husband shall never be charged for the Act or default of his wife, but when he is made a party to the action, and judgement given against him and his wife. Co. 9 72. & Co. 11. 61. 2. H. 7. 16. 5. Divers do enter with force to the use of A. who is not then present with them, but doth after agree thereto, this agreement after maketh A. to be a disseisor, Br. force 25. but not to be punished for the force, and if A. had counselled, consented, or agreed thereto before the Entry, yet it seemeth that a commandment, consent, or agreement before or after, though it may make one a disseisor, yet it is not to be punished by the justice of peace upon these statutes, Consent. for that a forceible Entry cannot be adjudged against a man, without an actual Entry be also made by him, or that at least he be present. 6. But if A. that shall command or counsel others thereto, shall also be present at the time of the Entry, Dalton. 182. although he doth then nothing, yet he is now become a principal and punishable by these statutes. 7. If divers do come in one company, to enter into lands, etc. where their entry is not lawful, Dalton 183. and all of them saving one did enter, and demean themselves in peaceable manner, and one only doth enter with force or (after entry made) doth use force and violence, this shall be adjudged a forceible Entry in them all, although the force were against their wills, Co. 9 67. 112. & 11. 5. for where divers do come in one company to any place, to the intent to do any unlawful thing, be it robbery, homicide, riot, affray, or any trespass, here every one of them shall be adjudged a principal doer, although they stand but by and do nothing: So it seemeth though some of them come without any intent of evil, if they came together in company with the other offenders, or if they came after, yet if they be either aiding, or countenancing to the offenders, they shall be also adjudged principal doers aswell as the other. 8. An Indictment upon the statute of 8. H. 6. for the King, The person● put out. Co. 1. 46. & 10. 112. is not good, for the King cannot be disseised, nor put out of his freehold, neither can the King bring any action upon the statute of 8. H. 6. nor any other action which might prove him out of possession of the land. 9 And if the K. termor be put out by force, The King's Tenant. Dalton 183. Cromp. 69. he cannot prefer a bill of indictment upon the statute of 8. H. 6. that he was put out and the King disseised. But he must have an Information of Intrusion in the Exchequer. 10. Dalton 183. Yet it seemeth that upon complaint made to a Iust. of peace by the K. termor of any such force, the justice of peace ought to remove the force, and upon his view thereof, to record it, and to commit the offenders to prison, and may fine them, and after such force removed, the King's termor may presently reenter (if he can) in peaceable manner. 11. If a forceible entry, Lesse● for years Coppihold●●. or deteiner shall be made upon any Lessee for years, Tenant at will, or upon a Coppiholder whether it be by an estranger, or by the lessor, or by the Lord, the justices of peace upon their view thereof are to remove such force, Dalton 183. and may commit to prison the parties which made such entry, or which shall hold it with force, and may fine them, but whether the justice of peace may make such restitution and set them, sc. the Lessee for years, Tenant at will, or Coppiholder into their possessions again hath been much questioned: But now by a statute made in Ireland in 10. Caroli ca 13. restitution shall be made to Tenant for years, Tenant at will, Coppiholder, Tenant by Elegit or statute merchant or of the staple. 12. Some held opinion that before this statute the justice of peace may put them in possession again, and of this opinion was Master Marrow, and Master Lamb. and to maintain this opinion these reasons may be given. 1. First, for that the words of the statutes seem to warrant it, for the statute 15. R. 2. in the Preamble thereof, as also the stat. 8. H. 6. in the body thereof hath this word (possessions) which word most properly doth extend to a lease for years, etc. 2. Again, that clause of the stat. 8. H. 6. which provideth for the restitution is thus, if it be found that any doth contrary to this statute, than the said justice, etc. shall put the party so put out in full possession, etc. 13. Now it cannot be denied, but that he which by force expulseth Lessee for years, tenant at will, or a coppiholder doth contrary to this statute, also they be the parties put out, and the same mischief and inconvenience which these laws do labour to remove, is to Lessee for years, tenant at will, and to the coppiholder; Co. 11. 33. 34. Plo. 178. And we may find it usual, that where statutes are made for to remedy any common mischief there (to help things in the same degree) one action, thing, place, and person, hath in construction been taken for another, and a good expounder (saith Sir Ed. Co. 11. 34) maketh every sentence to have his operation to suppress all the mischiefs before the said Act, and principally those that are specified in these acts. Co. 3. 7. & 12. & 73. 14. And again saith he, it is the office of the judges always to make such construction of statutes as may repress the mischief, and advance the remedy, and to suppress all evasions which may continue the mischief, and to add force and life to the cure, and remedy, according to the true intent of the makers of the statute. Co. 11. 73. b. & Co. 3. 7. 15. Others held the contrary, sc. that Lessee for years, nor a coppiholder, or tenant at will cannot have restitution by the hands of the justice of Peace, and this was the common opinion, their reason is, for that the words in the statute of 8. H. 6. (in that clause which specially provideth for the restitution) are thus, The said justices, etc. shall reseise the said lands or tenements, and thereof shall put the party so put out in full possession, etc. which words (lands or tenements) are only to be understood of them that have inheritance, Rast. 174. or a freehold at the least, but to this it may be answered, that the said statute of 8. H. 6. in the body thereof hath these words, where any do make any Forceible Entry into lands, tenements, or other possessions, or them hold forceibly, etc. which words, possessions extendeth to a lease for years, etc. And then the words (possessions) being in the same statute, we shall find that a statute is to be expounded upon all the parts thereof together, Co. 3. 59 b. & 8. 117. and not upon one part alone by itself, to which purpose, see Lincoln College case, and Doctor Donhams case, in Sir Edw. Coke Reports. 16. But it seemeth to those which hold this last opinion, that if a Lessee for years, Tenant at will, or a Coppiholder, be forceibly put out, or held out by an estranger, if they will have restitution, their indictment must be made and preferred in the lessor or Lords name, Cromp. 161. and the jury must find that the Lessor or Lord was disseised, etc. and then the Lessor or Lord shall have restitution, And so by their restitution, their Lessee or Coppiholder is restored also. But such Lessee or Coppiholder cannot (say they) prefer an indictment in their own name upon the statute 8. Hen. 6. for that they have no Freehold. Cromp. 249. 2. 17. And to that purpose I find some precedents of indictments in this form, viz. in unum messuag. apud etc. adtunc existent. liberum tenementum. M.D. armiger vi & armis, etc. Manuforti & illicitè tunc inde expulerunt & ejecerunt & pref. M.D. inde injuste dissesiverunt. 18. And by this opinion if a Lessee for years, tenant at will, or a Coppiholder be forceibly put out by their Lessor or Lord, such Lessee or Coppiholder hath no remedy at all by indictment upon this statute, for they have no Freehold, and therefore can have no restitution upon this statute. 19 Cromp. 71. Also by this opinion if the Lessee for years be put out by his Lessor, and after the Lessee putteth out the Lessor again forceibly, the Lessee shall not be indicted, neither shall the Lessor have restitution upon this statute, for that the Lessor is not ousted nor disseised of his , for the possession of the Lessee is such a seisin of the Lessor of his Freehold, that he may have an Assize, if his Lessee be put out; And so of a Coppiholder, not having forfeited his estate, if his Lord notwithstanding shall enter upon him, and put him out, and the coppiholder shall reenter upon his Lord with force, the Coppiholder shall not be indicted, nor yet the Lord restored, causa qua supra. 20. And so by this last opinion, the very mischief specified and intended to be helped by these statutes, should seem still to remain in all cases between such Lessees, and Coppiholders, and their Lessors or Lords, so as there can be no inquiry, nor restitution, in cases of Forceible Entry or detainer between them. 21. But howsoever the law be taken for the indictment or restitution thereupon, yet in case that Lessee for years, tenant at will, or a Coppiholder be forceibly put out, or held out, either by a stranger, or by their Lessor, or Lord, the justices of Peace, Cromp. 71. or any one of them by the statute 15. R. 2. ca 2. may safely remove the force upon view thereof, and may commit the offenders to prison, and then the Lessee for years, or Coppiholder may presently reenter, if peaceably they can so do, and so may have his possession again without any restitution made him by the justices. 22. But these statutes are now by a statute made in 10. 10. Caroli c. 1ST in Ireland. Caroli clearly explained, which statute ensues in these words, viz: Whereas there is one good Act made and established in England in the eight year of the reign of King Henry the sixth, against such persons as should make forceible Entries into lands, tenements, and other possessions, or them should forceibly hold, and one very good proviso; or clause in the said Act contained, as ensueth, viz. Provided always that they which keep their possessions with force in any lands and tenements, whereof they or their ancestors have continued their possession in the same by three years or more, be not endamaged by force of the said statute. And whereas divers of the King's Majesties good and loving Subjects and their Ancestors, or those whose estate they have for many years together above the space of three years, or more, have been in quiet possession of their dwelling houses, and other their lands and possessions, and now of late diverse of his Majesties said Subjects having Entries made upon their possessions, having had such quiet and long possession, for disturbing of such Entries, and for keeping of their possession against such enterers, by colour of Indictments of forceible Entry or forceible keeping possession found against them, by means of the oaths of such enterers, have been removed and put out of their dwelling houses and other their possessions, which they have quietly held by the space of three years together, or longer time, next before such indictments found against them, against the true meaning and intent of the said proviso, or clause contained in the said Act, for remedy of which inconvenience and for true declaration and explanation of the Law therein, be it ordained, declared and enacted by the authority of this present parliament that no restitution upon any indictment of forceible Entry, or holding with force, be made unto any person, or persons, if the person or persons so indicted hath or have had the occupation, or hath or have been in the quiet possession by the space of three whole years together next before the day of such indictment so found, and his, her or their estate or estates therein not ended, nor determined which the party indicted, shall and may allege for stay of restitution, and restitution to stay, until that be tried if the other will deny or traverse the same. And if the same allegations be tried against the same person or persons so indicted, than the same person or persons so indicted to pay such Costs and damages to the other party, as shall be assessed by the judges or justices, before whom the same shall be tried, the same Costs and damages to be recovered and levied as is usual for Costs and damages contained in judgement upon other Actions. And be it further enacted by the authority aforesaid, that such judges, justices, or justice of peace as by reason of any Act, or Acts of Parliament, now in force, are authorized and enabled upon enquiry to give restitution of possession unto the Tenants of any estate of Freehold, of their lands, or tenements, which shall be entered upon with force, or from them withholden by force, shall by reason of this present Act, have the like, and the same authority and ability from henceforth (upon indictment of such forceible Entries, or forceible withholding before them duly found) to give like restitution of possession unto Tenants for Term of years, Tenants by Copy of Court Roll, Guardians by Knight's service, Tenants by Elegit, Statute Merchants, and Staple, of lands or tenements by them so holden, which shall be entered upon by force, or holden from them by force. And be it further enacted by the authority aforesaid, that all and every justice and justices of Assize, shall for ever hereafter in their several circuits respectively have the like power and authority, to all intents and purposes to inquire, hear and determine of all forceible Entries, and forceible holding, and all other offences aswell against the said statute of Octavo of King Henry the sixth, as against this present statute, and to award restitution of possession in all cases, as any other judge, or justice, or justices of the peace could, or may do by this Act, or by any other Statute of force within this Realm. 23. Now to show something more what the Law accounteth to be force, and what weapons Weapons. be offensive in these and the like cases Master Bracton saith, Omnes illos dicimus armatos, Dalton 186. qui habent cum quo nocere possunt, and therefore to have harness, guns, Bows and arrows, Crossbows, halberds, javelins, bills, clubs, pikes, pitchforkes, or swords, not usually borne, by the parties, shall be said to be vis armata. 24. Again, Si quis venerit cum armis, & dejecerit, vis tamen armata dicitur, sufficit enim terror armorum, Si quis venerit sine armis, & in ipsa concertatione, ligna sumpserit fustes, aut lapides, vis dicitur armata. 25. And so to use casting of stones, hot coals, scalding water, or lead, or any other thing wherewith one may hurt the person of another, shall be said to be vis armata. 26. Next where a force, Lawful force. or forceible defence is justifieable and where not. 27. Force being opposed against the Law, is utterly forbidden but being used in the maintenance of the Law, and with the warrant of Law, it is allowed, for that it mainetaineth the peace of the realm. P.R. 41. Dalton 186 And therefore force may lawfully be used by all the King's officers, ministers, and subjects thereunto deputed, for the execution, or advancement of justice, or of the judgements of the Law. 28. And so first it is a lawful force, Ibid. whereby all offenders in Treason, felony, and other great crimes, be pursued, apprehended, carried to prison, and receive their condign punishments. 29. Ibid. It is also a lawful force whereby the Sheriff and his officers do apprehend any person by virtue of the Kings writ. 30. 3. H. 7. And so it is a lawful force whereby justices of peace do remove unlawful entries, or holdings of possessions, Br. Riots 73. and repress Riotters, and do arrest and send to prison such offenders: And in these and the like cases, the King's officer, (scil. the Sheriff, justice of peace and Constable) may take the help of others, what number they shall think meet to assist them, when need shall require. 31. Also it is a lawful force which justices of peace, Sheriffs, Dalton 186. Coroners, and Constables, shall use in apprehending, or committing to prison such as within their several jurisdictions and in their presence, shall in any sort break, or attempt to disturb, or break the peace, and they may therein take the assistance of others as aforesaid. 32. Also in these cases following, it is lawful for the K. officers, P.R. 41. by force to break open a man's house, to arrest offenders being therein, if the doors be all shut, so as the officer cannot otherwise enter the house, viz. 33. For the apprehending of any person for treason, felony, Co. 5. 92. or suspicion of felony or Treason. 13. E. 4. 9 Br. Coron. 159. Dalton 187. 34. Where one hath dangerously wounded another, and then flying into an house, the Constable or other officer upon fresh suit may break open the door, and apprehend the offendor, and so may any other person besides the officer, as it seemeth. 7. E. 3. 19 Crom. 171. Ibid. 35. Where there shall be an affray made in a house, and the doors shut, the Constable, etc. may break into the house to see the peace kept. Ibid. 36. So upon a forceible Entry, or detainer found by Inquisition before any justice of peace, or viewed by the justice himself, or the Sheriff by his warrant may break into the house to apprehend the offenders. Ibid. 37. Upon a Capias utlagatum, in any personal action, as also upon a Capias pro fine directed to the Sheriff, the Sheriff may break open the doors, etc. Ibid. 38. Upon a warrant for the peace or good behaviour, the Constables may break open the house, by the opinions of Popham and Clerke, justices of Assize at Cambridge Assizes. 3. jac. Reg. 39 Lastly, in all cases where the K. is a party, or hath Interest in the business, Co. 5. 91. 13. Ed. 4. 9 the officers may break open the doors as aforesaid; For no man's house shall be a Castle against the King. Co. 5. 91. And yet the Sheriff nor his officers may not break open any man's house to execute the King's process, upon the body or goods of any person at the suit of any subject. Co. 5. 92. 95. 40. But when a house is recovered by any real action, or by ejectione firmae, there the Sheriff may break the house and deliver seisin or possession to the demandant or plaint, for after judgement it is no more (in the right or judgement of Law) the house of the tenant or defendant. Co. 5. 91. 41. But note that the officer, before he break open the house or doors of any person, Co. 5. 91. he must first signify the cause of his coming, and desire that the doors may be opened unto him. Co. 5. 91. & 11. 82. 21. H. 7. 39 42. Note also though no man may forceibly keep his house against the King's officers in the cases aforesaid, yet every man's house is to himself, Forceible de fence lawful. his family, and his goods as his Castle, aswell for his defence against injury and violence, as also for his repose and rest. And therefore the Law doth give to dwelling houses divers privileges. 1. First, that it is a man's Castle for his defence as aforesaid. 2. Also a man's house hath the privileges to protect him against any arrest by force of any process at the suit of any subject as aforesaid. Co. 11. 8. 3. A man's house in some cases hath a privilege against the King's prerogative, for it hath been adjudged that Saltpetermen 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. Co. 11. 82. 4. If Thiefs shall come to a man's house to rob, or murder him, Co. 5. 91. & 11. 82. he may lawfully assemble company to defend his house by force, and if he or any of his company shall kill any of them in defence of himself, his family, his goods or house, this is no felony, neither shall they forfeit any thing therefore. 5. Cromp. 70 Also a man that is in possession of a house peaceably and doubteth that another (who indeed hath more right to the possession, and who may enter) will enter upon him, here he which is in possession may defend and keep his possession of the house with his ordinary company, and may justify to beat the other which shall attempt to enter upon him. But if he kill him, it is felony, nay he in possession (in this former case) may not hire any strangers to aid him, neither may he have his own ordinary company in armour, nor otherwise be provided with Bows, or guns to shoot at the other as it seemeth. Cromp. 70. a. 6. Also if a man being in his house, In defence of his person. 21. H. 7. 39 Br. Riots 1. Co. 11. 82. do hear that another will come thither to beat him, he may lawfully assemble his neighbours and friends, etc. to assist and aid him there, in the defence of his person. 7. And yet if he or any of his company shall kill the other, or any of the other company in such defence of himself or his, Dalton 188. this seemeth to be such a felony in all of them which be in the house, and in that action, that they shall forfeit their goods thereby. 43. But if a man be threatened that if he come to such a place, 21. H 7. 3●. Co. 11. 82. that then he shall be beaten, in this case he may not assemble any company to go thither to safeguard his person: for there is no necessity of his going thither: Besides, he may have surety of the peace against such as threatened him. 44. If there be an attempt made to beat a man, his wife, father, In defence of others. Dalton 188. mother, or any of his children (within age) he may lawfully use force to resist it, and may justify the beating of the other in such case. 45. Also the servant may justify to beat another in defence of his master. Br. Trespass. 217. 21. H. 7. 39 2. 46. In defence of his goods. Cromp. 65. 69. Also a man may justify to beat another in the defence of the possession of his goods, and if another hath taken away my goods, may take them again from him with force. 47. Also if there be an attempt made to disseise me of my land, Dalton 188. or to disturb me of my high way, or to turn an ancient water course from my Mill, I may lawfully use force to resist it. 48. A Keeper doth enter and chase upon my land, pretending this to be within his purliew, where it is not, Dyer. 327. Cromp. 68 if I command my servants to beat him of my ground, this seemeth justifiable in the defence of my possession against such unlawful claim. Where Forceible Detainer of possession is lawful. CHAP. 32. 8. H. 6. c. 9 Br. force 4. 10. carol. ca 13. in Ireland. 1. THe statute of 8. H. 6. concludeth thus, Provided that such as keep their possession by force after that they, or their ancestors, etc. have continued their possession in the same 3. years, or more, shall not be endamaged by force of that statute. 22. H. 6. f. 18 b. 2. This proviso must (as it seemeth) be thus construed, sc. that where a man is seized (of a lawful estate or possess.) of an house or lands, or he and his ancestors, or they whose estate he hath therein have continued the possesses. of the same peaceably by the space of 3. whole years together without interruption (and his estate not ended) there he may hold and keep such possession with force, See the stat. against all others, yea it seemeth if he shall hire strangers to aid him, to keep such possession, or shall have his company in armour, he is not punishable by these statutes: but he may not resist the justices of Peace that shall come to view this. 10. Caroli c. 13. ●n Ireland. 3. And if he shall be indicted for such his forceible holding (after three years) such quiet possession, he may plead such his lawful and peaceable possession by the space of three year's next before such indictment, and thereby he shall avoid both the imprisonment and fine, and also shall debar the other party of his restitution; Neither may the justices of peace remove him from his possession, though it be found by the Inquisition taken before them, that he held that house or land by force, after three years lawful and peaceable possession, as aforesaid. 4. But here it seemeth these four diversities are to be observed: 6. & 7. Ed. 6. 22. H. ● 8. 1. First, where the party in possession did enter peaceably and where forceibly, for if a man enter forceibly and after continueth his possession peaceably by the space of three years without interruption, Br. Rest●. 12. yet it seemeth he shall not be aided by the proviso in the statute of 8. H. 6. ca 9 2. Secondly, where the party in possession hath continued his three year's possession peaceably, Br. force 22. & 19 and where by force, for if after a lawful and peaceable entry a man shall continue or hold his possession by force, this is a Forceible holding or deteyner, and punishable by the statute of S. H. 6. And three years of such possession shall not aid him. 22. H. 6. 18. b. Fi Entre 20. Br. force 6. Vide 23. H 8. pag seq. 14. H. 7. 18. Br. force 10. 3. Thirdly, where the party in possession is in by right, and of a lawful estate, or by wrong as a disseisor, and yet without force, and hath continued such his possession peaceably by the space of three years, without interruption, he shall be aided by the Proviso of the said statute of S. H. 6. and by the statute of 10. Caroli ca 13. and not removed from the possession upon an Indictment, but if a disseisor hath continued his possession forceibly by the space of 20. years together, yet he may be indicted upon the said statute of 8. H. 6. before a justice of peace, of the forceible detaining of the same, and the same being found the said justice of Peace is to reseise the same, and to award restitution to the party disseised, or so put out. 4. Fourthly, where the party hath continued such his possession three years without interruption, and where his possession hath been interrupted or discontinued, for if a man hath been in peaceable possession of land, etc. by the space of three years and above, by a good title, and then is disseised and expelled by force, and the disseisee reentreth peaceably, or the disseisor is therefore indicted upon the statute of 8. H. 6. and the disseisee is thereupon restored, Dyer. 142. Br. force 32. & 29. and is in possession accordingly, yet in these cases the disseisee cannot justify the Detainer of the possession of those lands by force, because his possession was once interrupted, but after such interruption and reentry, or restitution, if he shall continue a peaceable possesses. again for three years together, than it seemeth he may justify the Deteiner of the possesses. thereof by force, by virtue of the Proviso in the stat. of 8. H. 6. 5. If a Disseisor hath continued his possession peaceably three years, and after the disseisee doth reenter, 23. H. 8. Br. force 22. or doth make his claim so near as he dareth, and then the disseisor reentreth again, or continueth his possession after such claim, here the disseisor cannot justify to hold the same with force, Lit. 429. for by the reentry or claim of the disseisee, the first disseisin and possession of the disseisor was determined, and the disseisor is in of a new disseisin. 6. Also if he that hath been a lawful possessor of lands by the space of Twenty years together, be once clearly and wholly removed from the possession of the same land, he cannot come with force, or multitude, to put himself in possession thereof again, and to detain the same with force, because his possession was once interrupted, and if he be indicted (upon the statute of 8. H. 6.) for such Forceible Entry, he shall not be relieved (touching the restitution) by the stat. of 10. Carol. for that he had not the occupation of the said lands, nor had been in quiet possession thereof by the space of three years together, next before the day of such indictment found. How many several remedies the party hath which forceibly is either put out, or kept out of the possession of his houses or lands. CHAP. 33. 1. FIrst, the party so grieved (having an estate for life, Action upon the statute of 8. H. 6. 1. R. 2. ca 9 8. H. 6. ca 9 F. N. B. 348. c. c. & 249. 2. co. 10. 115. in Tail or Fee,) may have his Assize, or action of trespass of Forceible Entry upon the statute of 8. H. 6. against such disseisor, and therein if the defendant be attainted of force, he shall fine to the King, and also answer to the plaintiff his triple damages, and triple Costs of suit, and also the plaintiff shall thereupon have a writ of restitution to restore him to his former estate. 2. But this action being the suit of the party, and only for the right, 9 H. 6. 16. this remedy (by action) is only where the Entry of the defendant was not lawful, Fitz. 248. h. for if a man entereth with force, where his Entry is lawful, as if the disseisee shall enter upon the disseisor with force, he shall not be punished by action: But yet he may be indicted upon the statute, Br. force 29. and upon such indictment found, the party put out shall be restored, for the indictment is for the force, and for the King, and here the offendor shall make fine to the King, although his right be never so good. Br. Force 11. 3. Also the party so grieved if he will lose the benefit of his triple damages and costs, Writ upon the statute of Northampton. he may be aided, and have the assistance of the justices of peace and that after divers sorts, first he may purchase a writ out of the Chancery directed to the Sheriff only, or the Sheriff and justices of peace, and to every of them, for to remove the force, and this is upon the statute of Northhampton. 2. E. 3. cap. 3. the form of which writ you may see F. N. B. 249. f. Cromp: 74. 162. 4. But upon this writ the justice of peace is to proceed only as a minister, and is to certify his doings herein, and that justice of peace to whom the writ shall be delivered, ought for to execute it, scil. he may remove the force, but here he may not put the party in possession again, who was put out. Indictment in Sessions. 5. Also the party grieved, may at the general Sessions of the peace within the same County, prefer his bill of indictment, upon the statute of 8. H. 6. for such forceible entry or deteiner, which being found there, Dyer. 187. Cromp. 165. the complainant shall be restored to his possession by a writ of restitution granted out of the said Court to the Sheriff. 6. Also the party so grieved, for a more speedy remedy, may complain to any one or more justices of peace of the same County of the said force, By the In out of Sessions. and thereupon the said justice of peace may ex officio, Dalton 191. & 192. and without any writ, either do execution of the statute of Northhampton as aforesaid; Or else the said justice of peace upon such complaint may go to the place where such force is, to see it, and may remove the force, and arrest and commit the offenders, which he shall find committing the force, and shall also keep a special Sessions to inquire of the said force, and if upon such inquiry such force shall be found, than the said justice shall restore the party grieved to his possession again, and here no other justice of peace can grant a Supersedeas to stay the same restitution. Dalton 192. 7. Also the party grieved may remove such indictment found either at such general or special Sessions, by a Certiorari into the King's Bench, and the judges of that Court may award a writ of restitution to the Sheriff of the County to restore possession to the party. E●quirie. 8. Now when the justice of peace shall make such inquiry he shall direct his precept or warrant to the Sheriff commanding him to cause to come before the said justice of peace, Dalton ibid. at some good Town near to the place, 24. sufficient and indifferent persons dwelling near to the said lands or tenements, whereof every one shall have in lands or tenements 40. s. by the year at the least, to inquire upon their oaths of such force. 9 Upon default of appearance of those jurors, the Iust. of peace may award an alias and after that Pluries in finite, till they come, 8. H. 6. c. 9 but so that at the day of the second precept, or writ, the Sheriff must return 40. s. in issues upon every one of them, and at the third writ 5. li. and at every day after the double. 10. And although any of such jurors shall not have 40. s. land per annum, yet their presentment of such force is good for the King, so as the offenders shall be fined to the King. But the party shall have no restitution upon such a presentment if it be pleaded at or before the time of the awarding of the restitution, for the statute of 8. H. 6. ca 9 requireth that such juror shall have 40. s. freehold per annum at the least. 11. If the Sheriff shall return smaller issues upon the Enquirors than the statute doth appoint, yet the party indicted shall not impeach the enquiry therefore, neither is it cause to impeach the enquiry, though the justice of peace do not go to see the place where the force is. 12. And it is convenient upon such enquiry that the Evidence be given openly to the jury, to the intent it may appear to the justices of peace or Court, whether there shall be reasonable cause to stay restitution or no, after the indictment found, See Dyer. 122. Of restitution to be made to the party put out. CHAP. 34. 1. I Will here shortly recite the words of the statute, Restitution. which for this business of restitution will give the better light, which are as followeth, videlicet: 8. H 6. ca 9 And if upon such enquiry it be found before the said justices that any have done contrary to this statute (viz. have entered or held with force) the said justice of peace, etc. shall reseise the said lands or tenements so entered upon or holden, and put the party so put out, in full possession of the same lands and tenements so entered or holden as before. 2. Here we see that after such forceible Entry, P.R. 35. or holding so found by enquiry, the said justice of peace, etc. shall remove the force sc. all such offenders as shall be found in the house or upon the lands, that either entered or held with force, and upon the prayer of the party so put out, the said justice of peace shall restore him to his possession again. 3. And herein the justice of peace needeth not to stay, or stand upon the right and title of either of the parties, as is said before. 4. But no restitution shall be made, but where the forceible entry or detainer is first found by Inquisition. Br. force 27. 5. Concerning this Inquisition or Indictment, the justices of peace shall do well to peruse and regard the same, Cromp. 166. to see if it be sufficient, Indictment the form. for the justice of peace ought not to award restitution, where the indictment shall appear to them to be any way insufficient in the Law either in matter or form. Dalton 193. 6. First therefore to have restitution, the putting out (by express words) must be in the indictment and found by the Inquisition, for another man may enter upon me, and yet not put me out, and then there needs no restitution to be made by the justices. 7. And this putting out, is to be understood only of the house, or land, Ibid. and not of a rent common, advowson, and such like, into which an actual Entry cannot be made, and therefore none shall have restitution but such only as are put out of the house, or land, as is formerly, ca 29. herein declared. Ibid. 8. Also the indictment ought to express the quality of the thing entered upon, etc. sc. whether it be a message, cottage, meadow, pasture, wood, or land, errable; for if the indictment be, quod manuforti intraverunt in tenement. etc. it is void for the incertainty, because the word tenementum may extend to either of them. 9 Also the indictment must have these words, sc. adhuc extra tenent, 14. H. 6 16. Br. force 13. otherwise the party shall have no restitution, and yet these words be not in the statute, but without these words in the Indictment it may be supposed and thought that he which put me out hath left the possession again, or that I have gotten it again, and then the restitution is needless. Dalton 193. 10. So as in every such indictment, these words are material, sc. expulerunt, & adhuc extra tenent. And for lack of either of these words, no restitution shall be made, or awarded. 11. Also one of these two words Manuforti or cum multitudine seem to be material in the indictment, Dalton 194. unless they be employed by reciting the statute of 8. H. 6. and concluding contra formam statut. predict. or by some other words in the Indictment: See the precedents herein in the title of warrants and precedents. Cromp. 162. 12. If a man shall be restored upon an insufficient indictment taken before the justice of peace, and this be removed into the King's Bench, the Court there will cause the party to be restored that before was put out by the justice of peace by a writ of restitution. Cromp. 165. & 166. b. 13. Also if error or insufficiency be in the indictment taken before justices of peace, & yet restitution is awarded by them, any two of those justices of peace which were present at the taking of the said indictment upon the prayer of the party, may (at another Sessions) grant and award a Supersedeas to the Sheriff to stay the same restitution, Dyer. 187. if the Sheriff hath not made restitution before the Supersedeas come to his hands, but no other justice of peace besides those which were present at the taking and finding of the said indictment) can grant a Supersedeas, if the indictment were found at a special Sessions. 14. A man is indicted that he entered with force, and held with force, and upon the traverse, it is found that he entered with force, Cromp. 165. but not that he held with force, yet this indictment seemeth good enough, and the party shall be restored. 15. So if two be indicted of a forceible Entry, or deteiner, Several indictments. and upon the traverse it is found that the one entered with force and the other held or detained with force, yet the party shall be restored. Ibid. 16. If it be found by one Enquest, that A. put me out by force, Dalton 194. Cromp. 166. Br. force 6. and by another Enquest, that I did put out A. by force, either of us may pray to have restitution against the other, but he that is first restored is in the worst case, for the other may have restitution afterwards, and then he that had restitution first is without remedy by the hands of the justice of peace, saving that he may reenter if he can peaceably, or have his action. 17. If it be found by one Enquest that A. did put me out by force, and by another Enquest taken at the same Sessions that B. did put me out by force, I may choose upon whether of these indictments I will be restored, Cromp. 166. and if I have restitution against A. and this be returned, I cannot have restitution upon the other: Dalton 194. But if (upon the writ of restitution) it be not returned that I have restitution, than I may afterwards have restitution against B. upon the other Indictment, if B. hath re-entered upon the first restitution made to me. 18. Dalton 194. & 195. A. is disseised or put out with force by B. and after B. is put out with force by C. and all this is found by one and the same Inquisition, here B. may have restitution against C. for B. hath more right to the possession than C. and then may A. have restitution against B. but upon this Inquisition, if A. have restitution first, than B. shall not have any restitution otherwise if these had been found by several Inquisitions. Who shall award and make this restitution. CHAP. 35. 1. AFter the force is found by the Enquest, the justice of peace (before whom the said force shall be so found) may himself put the party in possession again, Dalton 195. or he may make his precept under his own teste alone to the Sheriff to do it. 2. The form of the precept to the Sheriff to make restitution you may see postea tit. of Warrants and precedents. 3. 3. Eliz. Dalis. Co. 11. 59 65. Dyer. 187. But no other Iust. of peace hath any authority by the statute to grant or award restitution, but only he or they before whom the force was found by Inquisition, nay the Iust. of Oyer and Terminer, nor the Iust. of goal delivery cannot grant restitution, nor the justices of peace at their general Sessions of the peace, cannot grant this restitution, except the indictment were found before them. 4. And yet the justices of the King's Bench (in regard of their supreme authority in all cases of the Crown) either upon certificate (to them made by the justice of peace, Co. 9 118. Co. 11. 65. 4. H. 7. 18. before whom such force was found) of the presentment of such force, or if the said presentment or indictment shall be removed before them by Certiorari, in both these cases the justices of the King's Bench may award restitution. Dalton p. 195. 5. But neither the Iu. of the K. Bench, nor any other (besides him or them that made the inquiry) can personally restore the party, but only by way of Precept to the Sheriff. 6. The Sheriff, if need be may take the power of the County to execute the precept of the Iu. of peace herein. 7. And if the Sheriff upon such a precept, or upon a writ of restitution from the Sessions, etc. shall return that he cannot make restitution for resistance, Dalton p. 195. etc. he shall be amerced for making such a return, because in such case he might have taken the power of the County to assist him therein, see the like case Fitz. Execution 147. To whom restitution shall be made. CHAP. 36. 1. THis restitution ought to be made to him that was put out, and to none other, for so are the words of the statute. P. R. ●8. 2. Therefore if a father be put out by force, and dyeth, his heir shall not have restitution, Dalton p. 195. yet here the justices may imprison and fine the offenders, for by such forceible Entry they have broken the peace. 3. Also if after the death of the Father, a stranger abateth or entereth into his land by force, Dalton p. 196. before the heir hath gotten actual possession indeed, the heir shall not have restitution, because he had but a possession in law descended upon him. 4. The disseisee doth put the disseisor out with force, the disseisor shall be restored, Fitz Nam Br. 248. h. for upon an indictment of force the right or title is not disputable or material, but by the words of the statute of 8. H. 6. ca 9 he that is in such sort, sc. forceibly put out shall be restored. Dyer. 12●. 5. Yet it seemeth in this case, that upon traverse tendered by the disseisee, and his right appearing, the Iust. of peace may stay restitution. Br. force 6. 6. Also if the disseisor be restored again, yet the disseisee may after reenter peaceably or have his Assize. 7. But if the disseisee shall enter peaceably upon the disseisor, and so they both shall abide and continue there together, Cromp. 163. for diverse days, and after the disseisee doth put out the disseisor with force, and is thereof indicted, here it seemeth the disseisor shall not be restored, for the disseisors possession was avoided in quiet manner at the first entry of the disseisee, and so the disseisor had no possession in the eye of Law, when he was put out. 8. If the disseisee shall enter peaceably, Cromp. 162. & 164. Dalton 196. the disseisor and his family being abroad, and after the disseisee shall keep his possession with force, the disseisor shall not be restored, by reason of the eigne title of the disseisee, and for that he entered peaceably. 9 But here the disseisee shall be imprisoned and fined for keeping his possession with force, for Forceible keeping or detaining, is aswell prohibited as Forceible Entry. 10. And here note that the being of a man's wife, children, Cromp. 164. Fitzh. Assize 418. of servants, in the house or upon the land do preserve his possession, but his cattles being upon the ground, do not preserve his possession. 11. Also when two are in possession of an house, etc. and the one claimeth by one title, and the other by another title, Litt. 140. Park. 45. here the law shall adjudge him to be in possession who hath the best right to the possession; So that if A. shall wrongfully enter upon B. and they both shall continue in the house, and after B. shall put out A. with force, A. shall not be restored, for A. never gained any possession by his Entry. 12. Two jointenants, or Tenants in Common, Fitz. 249. d. and one of them doth forceibly put out the other out of his possession, he that is so expelled may have an action of Trespass of Forceible Entry against his Companion upon the statute of 8. H. 6. and thereupon he shall have a writ of restitution to restore him to his former estate; P. R. 39 but it seemeth the justice of peace can do nothing herein: for that his entry and possession is lawful through the whole land in respect of his own moiety and estate. 13. Two jointenants be put out with force, Dalton p. 197. and one of them only sueth to have restitution, restitution shall be made unto him. 14. Coppiholder, lessee for years, or tenant at will, 10. Carol. c. 13. tenant by Elegit, statute merchant, or of the Staple shall have restitution by the statute of 10. Caroli in Ireland. 15. If Lessee for years be put out of his Term by force and die, P. R. 38. though after his death this force be found by Inquisition taken by a justice of peace, Dalton pa. 197. yet his executors shall not be restored to that land (by the justice) for that they are not the same person which was put out. What causes there may be for staying the justices of peace from granting Restitution. CHAP. 37. 1. ALthough the party, thus to be indicted for a force, Cromp. 162. Br. force 11. shall not be heard nor suffered to give his Title in evidence, to excuse himself of his Forceible Entry or detainer, Dalton p. 197. to save his fine due to the King for such force, which fine he shall make though his right be never so good, Lambert. pa. 147. 148. Dyer. 122. 9 H. 6. fo. 19 22. H. 6. fo. 18. and also the justice may proceed to the restitution (which the complainant shall demand, if the force be found) without examining the title, and yet by Dyer. fo. 122. the justice may if he please examine the title, and thereupon stay the awarding of restitution, but if the force be apparent I conceive the safest way and most agreeable to the statute is to award restitution without examining the title. 2. Now the defendant or party indicted for the stay of restitution may at the time of the restitution to be made, plead, or allege any of these things following: 1. His quiet possession by three years together. 2. He may deliver to the justice of peace or Court, a Certiorari, and this is a supersedeas to them. 3. He may show the insufficiency of the indictment if there be any. Dalton p. 197. 4. He may plead the insufficiency of any of the jurors, sc. for not having Forty shillings land per annum. And in this case Master Marrow is of opinion that the party shall have no restitution. Three year's possession. 5. For the first there shall be no restitution awarded, where the party indicted hath been in quiet possession by the space of three whole years together next before the day of such indictment found, if his estate be not ended, Dalton pag. 197. & 198. and this the party indicted may allege to stay the restitution, and the restitution upon this shall be stayed by the justice of peace, until it be tried, if the other party will deny or traverse the same. Certiorari. 6. Also if a man who hath made a forceible Entry or deteiner be in doubt that he shall be indicted thereof before the justice of peace upon the statute of 8. Cromp. 164. H. 6. and that thereupon restitution will be awarded against him, P. R. 7. he may have a writ of Certiorari out of the King's Bench ready, and when the bill of indictment is found he may presently deliver it to the justice of peace or Court, and this is a Supersedeas to them for to stay the restitution, for that upon this writ the said indictment shall be removed from them into the King's Bench. And although the indictment be found after the teste of the Certiorari, it is not material for they be both in the King's Courts, etc. 6. H. 7. 16. 7. But if a Certiorari cometh to remove an indictment: taken before the justice of peace in the Country, and the party will not sue to remove it, Cromp. 166. but suffereth it to lie still, the justice of peace may proceed to grant restitution, notwithstanding the writ, as Hobert the King's Attorney said in 6. H. 7. But Keble held opinion against him, and it seemeth the justices of peace ought ex officio, to send the indictment away, because they are commanded so by the writ, and this writ is a Supersedeas of itself to the justice of peace to stay their proceed, and if they shall proceed after, it is erroneous. Br. judges 17. Cromp. 162. 8. After restitution made by the justices of peace, if the other party doth remove the indictment by a Certiorari of a more eigne date then is in the indictment, the justice of the King's Bench may award restitution back again, for upon the matter the Iu. of peace had no power to make restitution, for that the Certiorari hath relation from the date thereof. 9 Ibid. After restitution granted from the Sessions and delivered to the Sheriff, the other party having a Certiorari delivereth it also to the Sheriff after the Sessions, the Sheriff shall not surcease thereupon (for he hath no authority to allow thereof) but if the Certiorari were delivered to any justice of peace he may thereupon grant a Superdeas to the Sheriff. And if restitution were made by the Sheriff before the said Superdeas came to his hands, than the other party shall have restitution back again, in the King's Bench upon the indictment removed thither. 10. Traverse. The tender of a traverse (to an Indictment of forceible Entry upon the statute of 8. H. 6.) is no Supersedeas but in discretion, Dyer. 122. so as the justices of peace or Court may grant, or may stay the restitution at their discretion according as the truth of the right or title shall appear to them, and so is the use of the King's Bench. 11. Or else the justices of peace before whom the indictment was found, may after Traverse tendered, certify or deliver the indictment into the King's Bench, and so refer the further proceed therein to them. 12. But if the party indicted shall tender a Traverse presently, Cromp. 66●. whereupon restitution is stayed, and after he shall not pursue his Traverse with effect (but discontinueth it) and after doth tender another traverse upon restitution prayed at another time, the justices of peace, or Court, shall do well to proceed to grant restitution, notwithstanding such traverse tendered. 13. Cromp. 166. And it is the course of the King's Bench that he that tendereth the traverse there upon such an Indictment, shall bear all the charges of the trial, and not the King nor he at whose suit the Indictment was found, and the same reason seemeth upon an indictment traversed before justices of peace. Games unlawful and Idlers. CHAP. 38. 1. Vide 12. R. 2. ca 6. 11. H. 4. ca 4. 17. E. 4. ca 3. A justice of peace by the first Assignavimus of the Commission pro pace conservanda & bono regimine populi, and by the common Law may arrest and imprison all common gamesters, Idlers, and all such as be of ill fame, and the keepers of such common gaming houses, until they shall find shall find sureties to leave of their gaming and keeping of gaming houses, and to betake themselves to some honest labour, or else to be of good behaviour at the discretion of the justice. 2. Note that playing at Cards, Dice, and the like, are not prohibited by the common laws of this Realm, except that one be deceived by false Dice, or false Cards, and then he that is deceived may have his action of the case for such deceit, neither are they malum in se, or of their own natures, for than none might be tolerated or licenced to use them. And yet good Divines do hold divers of these recreations to be altogether unlawful, as being Actions wherein we neither bless God, nor look to receive a blessing from God, nay such as we dare not pray to God for a blessing on them nor on ourselves in the use thereof, but especially on the Sabbath day all such recreations and Games are holden unlawful: for if lawful works be forbidden on that day, much more unlawful sports, yea such sports and games, which otherwise and at other times are lawful, See Esay. 58.13. Hue and Cry. CHAP. 39 1. EVery justice of peace may cause Hue and Cry, fresh suit and search to be made upon any Treason, Murder, Robbery, Theft, or other felony committed, and this he may do by force of the first Assignavimus of the Commission and the Statute of Winchester. 13. Ed. 1. ca 1. 13. Ed. 1. 12. 2. Note that Hue and Cry ought to be made from Town to town, and from country to country and by horsemen and footmen, otherwise it is no lawful pursuit, 28. Ed. 3. ca 11. 11. Caroli c. 13. in Ireland. 3. Note also when Hue and Cry is levied upon any Robbery or other felony, the officer of the Town where the felony was done, or Hue and Cry first levied, aught to send to every other town round about him, and not to the next Town only, and in such cases it is needful to give notice in writing to the pursuers, of the things stolen, and of the colour and marks thereof, as also of the person of the Felon, his apparel and horse, etc. if it may be. Hunting, hawking and hawks. CHAP. 40. 1. Upon information given to any justice of peace of the County where any unlawful hunting of Deer, or Coneys, by night or with painted faces, or other disguising, in any Forest, park, or warren, shall be had of any person to be suspected thereof, that justice may make a warrant to the Sheriff, 1. H. 7. ca 7. P. Iust. 16. Constable, Bailiff, or other officers to take the party and to bring him before him, or before any other justice of peace of the same County who may examine him of that hunting, Dalton 60. and of the doers thereof. And if he conceal that hunting or any offendor with him therein, than the said concealment shall be felony in such concealer, but if he than confess the truth of all that he shall be examined of, and knoweth in that behalf, than his offence of hunting shall be but Trespass, and fineable, the fine to be assessed at the next general Sessions of the peace by the justices there. 2. Also to disobey such a warrant, or to make rescous thereupon, 1. H. 7. ca 7. so that the execution of the same warrant thereby be not had, is felony. 3. The Iu. of P. that shall take the examination of an offendor for unlawful hunting in Parks, etc. as aforesaid, Dalton 66. may after such examination, bind the offendor to his good behaviour, as it seemeth, to the end he may be forthcoming, till the offence and residue of the offenders be fully examined, otherwise if it shall after appear, that the offendor hath-concealed any thing whereby the offence becometh felony, than the offendor perhaps will not be found. 4. Also such unlawful hunting, if it be by three or more, Ibid. will prove a Riot. 5. And yet hunting and hawking and such other pastimes, Co. 11. 86. 87. every man may use upon his own lands at his pleasure, so fare as they be not restrained by Act of Parliament, but no man may make a park or warren within his own ground without the Kings grant or licence, and therefore such park or warren made without licence seem not to be within the statute of 1. H. 7. 7. 6. Whosoever findeth any Hawk that is lost, and doth not immediately bring the same to the Sheriff to be proclaimed, but doth embezzle the same, it is felony. See more of Hawks before in the chapter of Felony by statute, & 34. E. 3. ca 21. & 37. E. 3. ca 19 Inrolements. CHAP. 41. 1. 10. Carol. ca 1. in Ireland. ANy one justice of Peace may join with the Clerk of the Peace in taking the enrolment of any Indenture of bargain and sale of land, etc. lying in that County where he is justice of peace according to the statute of 10. Caroli. 2. Co. 5. 92. b. P. 1. Co. 5. 1. b. Daliso 4. El. Dyer. 218. But such deed (and all other deeds to be enrolled according to this statute) must be indented re vera, and must be enrolled within six months after the date of the same Indenture, and if it have no date then within six months after the delivery of the deed, or if it be enrolled, the very day of the date of the deed, or the very last day of the six months, it is sufficient. 3. Note herein you must account 28. days to every month and not above, sc. four weeks to the month. 4. Note also the difference, Co. 6. 62. when a statute accounteth by the year, half year, or quarter, and when by the month for a year, half a year, or a quarter of a year shall be accounted according to the Calendar, and by the days in the Calendar, and not after 28. days to the month. And a year or a twelve month (in the singular number) includes the whole year according to the Calendar, but twelve months (in the plural number) or eight months, Except in a quare imped. See Co. ibid. or six months, etc. shall be accounted after eight and Twenty days to every month, for the month by the common law of England is but eight and twenty days: and so, Whereas three months six months twelve months hath but 84 168 336 days. The quarter of a year half of a year year hath 91 182 365 days. Dyer. 345. Ter centum, ter viginti, cum quinque diebus, Sex horas, neque plus integer Annus habet. 5. And as to these six hours, the Law giveth no regard to them, and yet these six hours, every fourth year do make a day, and so make the leap year, and this leap year containeth in it 366. days. 6. Note also for the year when in an indictment or other writing or deed it shall be set down (or the writing shall be dated) Anno Domini 1617. it must be accounted according to the computation of the Church of England, which beginneth the year upon the 25. day of March. Labourers, Artificers and Servants. CHAP. 42. 1. LAbour and Industry is the life of a common wealth: It produceth peace and plenty, but Idleness produceth rebellions, murders, thefts, breach of the peace, Rapine, spoil, poverty, and all manner of misery, so as Idleness as it is a great sin before God, and a breach of the royal law, so it is an offence against the common law, and against the good government of the people, and therefore the justice of peace by the first Assignavimus of the Commission ought to imprison such Idlers, until they find sureties to labour or for their good behaviour, and yet for the rooting out of Idleness and enforcing of labour and industry diverse statutes have been made in England which are of force in this kingdom of Ireland, which statutes I shall here express in order of time, and first in 23. Ed. 3. c. 1. It was enacted that Men, Women. xl. year's old. 13. Ed. 3. ca 1. 1. Every man or woman of what condition he be, free or bound, able in body, and within the age of Forty years, not living in Merchandise, nor exercising any Craft, nor having of his own whereof he may live, Requ●●ed to serve, wages. nor any lands about tillage, whereof he may employ himself, and not serving any others, if he inconvenient service (his estate considered) be required to serve, 33. H. 1. ca 9 shall be bounden to serve him which so shall require him, (the wages are to be rated by the justices of peace according to a statute made in Ireland in 33. H. 8. ca 9) Provided always that the Lords be preferred before other in their bondmen or their land tenants, so in their services to be retained. So that nevertheless the said Lords shall retain no more than be necessary for them, and if any such man or woman, being so required to serve will not the same do, and that proved by two true men before the Sheriff, or Bailiffs of our Sovereign Lord the King, or the Constable of the Town where the same shall happen to be done, he shall anon be taken by them, or any of them, Imprison. and committed to the next goal there to remain under straight keeping, till he find surety Surety. to serve in the form aforesaid, 23. E. 3. de servient. cap. 1. 2. If any reaper, mower, or other workman, Depart without licence. or servant of what estate or condition that he be, retained in any man's service, do departed from the said service without reasonable cause or licence, before the Term agreed, he shall have pain of imprisonment, and that none under the same pain presume to receive or to retain any such in his service, Anno 23. E. 3. cap. 2. Receive to service. 3. That no man pay or promise to pay to any servant any more wages, Wages. liveries, meed or salary than was wont, nor that any in other manner shall demand or receive the same upon pain Pain. of doubling of that, that so shall be paid, promised, required, or received to him which thereof shall feel himself grieved, 23. Ed. 3. ca 3. pursuing for the same. Ann. 23. Ed. 3. ca 3. Cap. 2. Stat. de servient. 4. If the Lords Lords. of the Towns or Manors presume in any point to come against this present ordinance, either by them, or by their servants, than pursuit shall be made against them in the counties, Wapentakes, Tithings, or such other Courts, Damages. for the triple pain paid or promised by them or their servants in the form aforesaid, and if any hath covenanted with any to serve for more wages, Covenant. he shall not be bound, by reason of the same covenant, to pay more than at another time was wont to be paid to such person, nor upon the said pain shall presume any more to pay, An. 23. Ed. 3. ca 4. But now the wages must be such as shall be rated by the justices of peace according to the said statute of 33. H. 8. ca 9 33. H. 8. ca 9 in Ireland. 5. That Sadlers, Skinners, Whitetawers, Cordwaynees, Tailors, Artificers. Smiths, Carpenters, Masons, Tilers, Shipwrights, Carters, and all other Artificers and workmen shall not take for their labour and workmanship Workmanship. above the same that was wont to be such paid to such persons, and if any man take more, he shall be committed to the next gaol in manner as is aforesaid. Ann. 23. Ed. 3. cap. 5. 33. H. 8. ca 9 in Ireland. But this statute also as to the wages only is altered by the said statute of 33. H. 8. ca 9 6. Anno 23. Ed. 3. de servi. ca 7. It was enacted that all the forfeitures given by this statute de servientibus against Labourers should be levied of every of them, 23. Ed. 3. ca 7. and should be employed to the payment of the tenth and fifteen then granted, and after to the King's use, to be levied by certain appointed in the statute, nevertheless he that will may sue for these forfeitures to have them to his own use. Thresher's. 7. That none take for the threshing of a quarter of wheat, or rye, over two pence half penny, and the quarter of Barley, Beanes, Pease, and Oats, one penny half penny, if so much were wont to be given, and in the Country where it is used to reap by certain sheaves, and to thresh by certain bushels they shall take no more nor in other manner than was wont, and that the same servant be sworn two times in the year before Lords, Oath. Stewards. Bailiffs. Constables. Stewards, Bailiffs, and Constables, of every Town to hold and do these ordinances, and that none of them go out of the Town where he dwelleth in the winter to serve in the Summer, if he may have service in the same Town, taking as before is said, Refuse. Stocks. Imprison. Stocks. and that those which refuse to make such Oath, or to perform that, that they be sworn to, or have taken upon them, shall be put in the Stocks, by the said Lords, Stewards, Bailiffs, and Constables of the Towns by three days or more, or sent to the next gaol, thereto remain till they will justify themselves, and that Stocks be made in every Town by such occasion. Anno 25. Ed. 3. de servien. cap. 2. But the wages in this also are to be regulated by the said statute of 33. H. 8. Artificers. 8. That Carpenters, Masons, and Tilers, and other workmen of houses, 33. H. 8. ca 9 in Ireland. shall not take by the day for their work but in manner as they were wont Anno 25. E. 3. cap. 3. but wages in this case also is to be regulated by the said statute of 33. H. 8. ca 9 Plasterers, etc. Wages. 9 Plasterers and other workers of Mudwals, and their knaves, by the same manner without meat or drink (S. from Easter to Saint Michael) and from that time less, 33. H. 8. ca 9 in Ireland. according to the rate and discretion of the justices which shall be thereto assigned, Ann. 25. E. 3. cap. 3. & 33. H. 8. ca 9 in Ireland. 10. Goldsmiths, Saddlers, Horsesmiths, Spurriers, Tanners, Curriers, Artificers. Tawers of Leather, Tailors, and all other workmen, Artificers, and labourers, and all other servants here not specified shall be sworn before the justices, Oath. to do and use their crafts, and offices in the manner as they were wont to do without refusing the same because of this ordinance. And if any of the said servants, Labourers, workmen, or Artificers, after such oath made, come against this ordinance he shall be punished by Fine and ransom, justice. and imprisonment after the discretion of the justices, Imprison. Anno 25. Ed. 3. cap. 4. the wages also in this case are to be regulated by the said statute of 33. H. 8. ca 9 by the justices of peace in the Quarter Sessions next after Easter and Michaelmas half yearly. Stewards. Constables. Oath. Inquitie. justices. 11. The said Stewards, Bailiffs, and Constables of the said Towns shall be sworn before the same justices, to inquire diligently by all the good ways they may of all them that come against this ordinance, and to certify the same justices of their names at all times when they shall come into the Country to make their Sessions, so that the same justices in certification of the same, Stewards, Bailiffs, and Constables of the names of the Rebels, shall do them to be attached by their bodies to be before the said justices to answer of such contempts, Arrest. Fine. so that they make fine and ransom to the King in case they be attainted. And moreover to be commanded to prison, there to remain till they have found surety to serve and do their work, and in case that any of them come against his oath, and be thereof attainted, he shall have imprisonment of a quarter of a year, Attaint. so that at every time that he offendeth and is convict he shall have double pain, and that the same justices, Imprison. at every time they come into the Country shall inquire of the said Stewards, Bailiffs, Inquitie. and Constables, if they have made a good and lawful certificate or any concealment for gift, procurement, or affinity, Innkeeper's. and punish them by fine and ransom if they be found guilty, and that the same justices have power to inquire and make due punishment of the said ministers, Vitailers. labourers, workmen, and other servants, aswell at the suit of the party as by presentment, and to hear and determine, and put the things in execution by the Exigend, after the first Capias, if need be, and to depute other under them as many and such as they shall see best for keeping of the same ordinance. Oier. & Ter. And that they which will sue against such servants, workmen, labourers, and Artificers, Exigent. for excess taking of them, and they be thereof attainted at their suit, 25. E. 3. ca 6. they shall have again such excess, and in case that none will sue to have again such excess, than it shall be levied of the said servants, labourers, excess taking. workmen, and Artificers, Quinzime. and delivered to the Collectors of the Quinzime in allevation of the Towns where such excesses were taken, Anno 25. Ed. 3. ca 6. 12. No Sheriffs, Constables, Bailiffs, Gaolers, Sheriffs. Constables. Bailiffs. Gaolers. the Clerks of the justices, or of the Sheriffs, nor other Ministers, whatsoever they be shall take any thing for the cause of their office of the same servants, for fees, suit of prison, nor in other manner, and if they have any thing taken in such manner, Fee. Quinzime. Dimes. they shall deliver the same to the Collectors of the Disme and Quinzimes, in aid of the commons, for the time that the Disme and Quinzime doth run, aswell for the time passed as for the time to come, Inquests. junices'. and that the said justices inquire in their Sessions if the said Ministers have any thing received of the same servants, and that they shall find by such inquest that the said Ministers have received, the same justices shall levy of every of the said ministers, and deliver to the said collectors, Fine●, amerciaments. together with the excess and fines and ransoms made, and also the amerciaments of all them which shall be amerced before the said justices in allevation of the said Towns as afore is said, Collectors. and in case the excess found in one Town, Indentures. doth exceed the quantity of the Quinzime of the said Town the remnant of such excess shall be levied and paid by the said Collectors, to the next poor Towns, in aid of their Quinzime, by advice of the said justices, and that the fines and ransoms, excesses and amerciaments of the said servants, labourers, and Artificers for the time to come running of the said Quinzime, be delivered to the said Collectors in the form aforesaid, by Indentures to be made betwixt them and the justices, so that the Collectors may be charged by their account by the said Indentures, in case that the said fines, ransoms, amerciaments, and excesses, be not paid in aid of the said Quinzime, and ceasing the said Quinzime, it shall be levied to the King's use, Account. and answered by the Sheriffs of the Counties, Anno 25. Ed. 3. cap. 7. Stat. 2. 13. Those that speak in the presence of the said justices, or other things do in their absence or presence in encouraging or maintenance of the said servants, Encourage. labourers, or Artificers, against this ordinance shall be grievously punished by the discretion of the same justices, Punish. and if any of the said servants, Labourers, or Artificers, do fly from one County to another because of this ordinance, that the Sheriffs of the Counties where such fugitive persons shall be found shall do them, Flie. Sheriffs. to be taken at the commandment of the justices of the Counties from whence they shall fly, and bring them to the chief Gaol of the same County there to abide till the next Sessions of the same justices, and that the Sheriff return the same commandment, before the same justices at their next Sessions, and that this Ordinance be holden and kept in all Cities and Burrougheses and in other places throughout the land aswell within Franchises as without, Anno 25. Ed. 3. cap. 8. Statut. 2. 14. The statute of Labourers of old time made, shall stand in all points except the pecuniary pain, which from henceforth is accorded, that the labourers shall not be punished by fine and ransom, and it is assented that the said statute shall be enforced in punishment of labourers in the form following that is to say, that the Lords of Towns may take and imprison them by fifteen days, if they will not justify themselves, and then to send them to the next goal, there to abide till they will justify themselves by the form of the statute, And that the Sheriff, Gaoler, nor other minister shall not let them to no mainprize nor bail, and if he do, he shall pay to the King ten pounds, and to the party 100 s. Nor that the Sheriff, Gaoler, nor other minister shall take no Fee, nor porterage of prison, neither at his entering nor at his coming out upon the same pain, And that aswell Carpenters and Masons take from henceforth wages by the day, and that all Alliances and Covins of Masons and Carpenters and congregations, Chapiters', ordinances and oaths betwixt them made, or to be made, shall from henceforth be void, and wholly anulled, so that every Mason and Carpenter of what condition that he be, shall be compelled by his master to whom he serveth, to do every work that to him pertaineth, to do either of freestone or roughstone, and also every Carpenter in his degree: But it shall be lawfully to every Lord or other to make bargain and covenant of their work in gross with such labourers, and Artificers, when please them, so that they perform such works well and lawfully according to the bargain or Covenant with them thereof made, Anno 34. Ed. 3. cap. 9 15. Of Labourers and Artificers that absent them out of their services in other Towns or another County, the party shall have the suit before the justices, and that the Sheriff take him at the first day, as is contained in the statute, if he be found, and do of him execution, as afore is said, and if he return that he is not found, he shall have an Exigent at the first day and the same pursue till he be outlawed, and after the Outlarie a writ of the same justices shall be sent to every Sheriff of Ireland, that the party will sue to take him, and to send him to the Sheriff of the County where he is outlawed, and when he shall be there brought, he shall have there imprisonment till he will justify himself and have made gree to the party, and nevertheless for the falsity he shall be burnt in the forehead, with an Iron made and form to this letter F. in token of falsity, if the party grieved the same will sue, but this burning is not to be executed, unless it be by the advice of the justices, and the Iron shall abide in the custody of the Sheriff. And that the Sheriff and some Bailiff of the Franchise be attending to the plaintiff to put this ordinance in execution upon pain aforesaid, and that no labourer, servant, nor Artificer, shall take no manner of wages the festival days, Anno 34. Ed. 3. ca 10. 16. If any labourer, servant, or Artificer, absent himself in any City, or Burrough, and the party plainetiffe come to the Mayor, and Bailiffs, and require delivery of his servant, they shall make him delivery without delay, and if they refuse to do the same, the party shall have his suit against the Mayors, and Bailiffs, before the justices of Labourers, (which the justices of peace by their Commission now are) and if they be thereof attainted they shall pay to the King 10. l. and to the party 100 s. Anno 34. Ed. 3. cap. 11. 17. The statutes and ordinances made of labourers and Artificers be holden and kept and duly executed, and thereupon Commission shall be made to the justices of peace in every County, to hear and determine the points of the said statutes, and to award damages at the suit of the party according to the quantity of his Trespass, Anno 42. Ed. 3. cap. 6. 18. All the statutes of Artificers, Labourers, Servants, and Victuallers, made aswell in the time of our Sovereign Lord the King that now is, as in the time of his noble grandfather (whom God assoil) not repealed shall be firmly holden and kept and duly executed, and that the said Artificers, Labourers, Servants, and Victuallers, be duly justified by the justices of peace, aswell at the suit of the King, as of the party, according as the said Statutes require, and that the Mayors, Bailiffs, and Stewards of Lords and Constables of Towns do duly their offices, touching such Artificers, Servants, Labourers, and Victuallers, and that a pair of Stocks be in every Town to justify the same Servants, and Labourers, as is ordained in the said statutes; And moreover it is ordained and assented that no Servant, nor Labourer, be he man or woman, shall departed at the end of his Term out of the hundred, Rape, or Weapontake, where he is dwelling to serve or dwell elsewhere, or by colour to go from thence in pilgrimage, unless he bring a letter patent, containing the cause of his going and the time of his Term, if he ought to return, under the King's Seal which for this intent shall be assigned and delivered to the keeping of some good man of the hundred, Rape, Wapentake, City, or Borrough, after the discretion of the justices of peace to be kept and lawfully to make such letters when it needeth, and not in any other manner by his own Oath, and that about the same Seal shall be written the name of the County, and overtwhart the said Seal the name of the hundred, Rape, or Wapentake, City, or Borrough, and also if any Servant, or Labourer, be found in any City, or Borrough, or elsewhere coming from any place, wand'ring without such letter he shall be forthwith taken by the said Mayors, Bailiffs, Stewards, or Constables, and put in the Stocks, and kept till he hath found surety to return to his service, or to serve or labour in the Town from whence he came, till he have such letter to departed for a reasonable cause, and it is to be remembered that a Servant or Labourer may freely departed out of his service, at the end of his Term, and to serve in another place, so that he be in a certainty with whom, and shall have such a letter as before, but the meaning of this ordinance is not, that any Servants which shall ride or go in the business of their Lords or Masters, shall be comprised within the same ordinance for the time of the same business, and if any bear such letter, which may be found forged or false, he shall have imprisonment of Forty days for the falsity; and further till he hath found surety to return or serve to labour as is aforesaid, and that none receive Servant or Labourer, going out of their hundred, Rape, or Wapentake, City, or Borrough, without letter Testimonial nor with letter Testimonial above one night, except it be for cause of sickness, or other cause reasonable, or which will and may serve and labour thereby the fame Testimonial upon a pain to be limited by the justice of peace, & that aswell Artificers, and people of mystery, as servants and apprentices, which be of no great avoyer, and of which craft or mystery a man hath no great need in harvest time, shall be compelled to serve in harvest to cut, gather and bring in Corn, and that these statutes be duly executed by Mayors, Bailiffs, Stewards, and Constables of Towns upon pain limited and judged by the said justices of peace in their Sessions, and that no man take above a penny for the making, Sealing and delivering of such letter, Anno 12. Ric. 2. cap. 2. 19 That the ordinances aforesaid of Servants and Labourers, Beggars, and Vagabonds, shall hold place, and be executed aswell in Cities and Borroughes, as in other Counties and places within the Realm aswell within the Franchises as without, and that the Sheriffs, Mayors, Bailiffs, and keepers of the Gaoles shall be holden and charged to receive the said Servants, Labourers, Beggars, Vagabonds, and to keep them in prison in the form aforesaid, without letting to mainprize, or to bail, and without Fee or any other thing taking of them, by themselves or by any other as long as they be so imprisoned or at their going forth upon pain to pay an hundred shillings to our sovereign Lord the King, Anno 12. R. 2. ca 9 20. That the justices of peace in every County, in two of their Sessions to be holden betwixt the Feast of Easter and Saint Michael shall make proclamation by their discretion, after the dearth of victuals, how much every Mason, Carpenter, Tyler, and other craftsmen, workmen, and labourers, by the day aswell in harvest as in other times of the year, after their degree shall take by the day with meat and drink, or without meat and drink, between the two Sessions aforesaid notwithstanding the statute thereof heretofore made, and that every man obey to such proclamations from time to time as a thing done by statute, Anno 13. Ri. 2. cap. 8. vide 33. H. 8. cap. 9 in Ireland. that these proclamations must be in the next Sessions after Easter and Michaelmas. 21. That no Labourer be retained to work by the week, not that no Labourers, Carpenters, Masons, Tilets, Plasterers, Daubers, Coverers of houses, nor none other Labourers, shall take any hire for the holy days, nor for the Evens of Feasts where they do not labour, but till the hour of Noon, but only for the half day; upon the pain that such Labourer, Carpenter, Mason, Tiler, Plasterer, Dauber, Coverer of houses, or any other Labourer that taketh contrary to this statute shall pay to the King for every time that he doth so contrary 20. s. Anno 4. H. 4. ca 14. 22. The statute of Labourers made at Canterbury, and all other good statutes of Labourers, made and not repealed, be firmly holden and kept, and put in due execution, and moreover that the justices of peace have power to send their writs for such fugitive Laborers to every Sheriff of the Realm of England, and to make such processes as the statute of Anno 34. Ed. 3. cap. 10. requireth to bring them before them, to answer to our sovereign Lord the King, and to the parties of the contempts, and Trespasses made or done against the ordinances and statutes aforesaid, in like manner as the justices have power to send to every Sheriff for the Thiefs before them indicted; And also that all the statutes and ordinances of Labourers, servants, and artificers, before this time made, and not repealed be exemplified under the great Seal, and sent to every Sheriff of the Realm, thereof to make Proclamation in full County, and after this Proclamation so made, that every Sheriff shall cause the same Ex-emplification to him directed to be delivered to the justices of the peace in his County, named in the Quorum, or to one of them, to remain with such justices which be or shall be for the better putting of the aforesaid statutes and ordinances in due execution; And also that the justices of peace from henceforth have power to examine aswell all manner of Labourers and servants and their masters, as Artificers, by their oaths of all things by them done contrary to the said ordinances and statutes, and upon that to punish them upon their confession, after the effect of the statutes and ordinances aforesaid, as though they were convict by Inquest, and that the Sheriff in every Shire of the Realm shall do well and duly in his office in this behalf upon pain to lose and to forfeit to our Sovereign Lord the King Twenty pounds, Anno 2. H. 5. cap. 4. 23. If any servant of husbandry, purposing to departed from his Master at the end of his Term, at the midst of his Term or otherwise, make a Covenant before with another man to serve him for the next year, if he be in such case as the law will compel him to serve that the said servant, and he which so shall make covenant with him at the midst of the said Term or before, shall give warning to the master of the said servant of the said Covenant so newly made, so that the same master may provide another servant against the end of his Term, and if any covenant with any such servant be otherwise made, or such warning in manner and form aforesaid not had, that the same Covenant shall be void, and that the same servant be compelled to serve his first master for the next year, except that a lawful cause being of a latter time require the contrary, and if any person refuse to serve or labour for the wages assessed by the justices of peace, than every justice of peace in their Counties shall have power at every time, to call them to examination of the same, and such as they shall find defective to commit to the gaol, there to remain till they have found sufficient surety to serve, and labour in form by the law required; And if any servant, Artificer, workman or labourer do contrary to the premises or deny his service, occupation of labour, by reason of not giving of salary or wages contrary to these statutes, that he shall lose to the party that will sue in this behalf 20. s. and that the said justices of peace shall have power to hear and determine all manner of offences done contrary to the form of this statute, aswell at the King's suit as at the parties, And that every of the King's liege people may have the suit against every person that shall offend in any point against this statute, and the process shall be by Attachment, Capias and Exigent, and that the justices of peace shall assess no fyne upon any which shall be convict before them, of any thing done to the contrary to any statute of Labourers or Artificers, or for this cause to put him in the good grace of out Sovereign Lord the King under three shillings four pence: And also that the justices of peace thorough the Realm two times every year shall do openly to be proclaimed in their Sessions, all the statutes of Labourers, Artificers, Ostlers, Victuallers; servants and Vagabonds before this time made, and not revoked with this statute; Also that by colour of the Tenure of less lands, than the husbandry of the same shall suffice to the continual occupation of one man, no man shall be excused to serve by they year, upon the pain to be justified as a Vagabond, also that justices of peace shall have power to take all servants retained with any person by colour of Husbandry, and not duly occupied about the same, which servants ought by the law to be servants of Husbandry, to such as shall require their service, and to justify them in every point as the same justices have power to justify Vagabonds. 23. H. 6. ca 13. 24. And now because the rating and assessing of the wages of Labourers, Artificers and Servants by force of an Act of Parliament made in Ireland in Anno 33. H. 8. cap. 9 33. H. 8. ca 9 in Ireland. is to be done by the justices of peace, so as by this statute all the former statutes are altered in that particular point of wages only: It will not be amiss to recite the statute verbatim which is as followeth. 25. Forasmuch as prices of victuals, cloth, and other necessaries for Labourers, Servants at Husbandry, and Artificers yearly change aswell sometime by reason of death and scarceness of corn and victual as otherwise, so that hard it is to limit in certain what wages Servants at Husbandry should take by the year, and other Artificers and Labourers by the day, by reason whereof they now ask and take unreasonable wages within the land of Ireland. For reformation whereof, be it enacted by authority of this present Parliament, that the justice of peace, in every County within this land of Ireland, yearly in their Sessions to be holden within one month next after the Feast of Easter, and one month next after the Feast of Saint Michael the Archangel, shall make Proclamations by their discretion having respect to such prices, as victuals, cloth, and other necessaries then shall be at, how much every Mason, Carpenter, Sclauter, and every other Artificer, and Labourer, shall take by the day aswell in harvest season as any other time of the year, with meat and drink, and how much without meat and drink, betwixt both the said Sessions. And also at the Sessions to be holden next after the Feast of Easter how much every servant at Husbandry shall take by the year following with meat and drink, and that every of them shall obey such Proclamations from time to time, as a thing made and established by Act of Parliament for a law in that behalf upon pain of forfeiture every one of the said Carpenters, Sclauters, Artificers, Labourers, and Servants, that shall take any thing contrary to the said Proclamation or Proclamations, the thing so taken, and imprisonment of their bodies, by the discretion of the said justices, and that justices of peace at any Sessions, shall inquire, hear, and determine the same offences, and thalffendell of the said forfeiture to be to the King's highness, and the other half to him or them that shall give information of the same forfeiture, and that all and every Act before this time made concerning the limitation of wages for the said Servants, Artificers, and Labourers, be in that point only void and of none effect within this land, and this Act to endure till the next Parliament within this land to be holden. 11. Eliz. ca 5. in Ireland. 26. Which statute by another Act of Parliament made in Ireland in Anno 11. Eliz. cap. 5. is made perpetual. 27. And having now set forth the statutes concerning Labourers, Artificers, and Servants, it will be necessary for the better information of the justices of peace to make some exposition of the said statute of 23. Ed. 3. which is the ground of all the rest, which I shall briefly do in these eight particulars following: 1. First, what the common Law was concerning Labourers, Artificers, and Servants, before the said statute. 2. Secondly, who are compellable to labour by the said statute of 23. Ed. 3. 3. What is a good retainer, within that statute, and what not. 4. What be good causes for a servant to departed from his service within his Term, and what not. 5. How and in what manner the master may discharge the servant, apprentice, or other Artificer of his service. 6. Sixtly, who may lawfully take a servant out of the service of his master with whom he is retained, without the danger of the said statute. 7. Seventhly, In what cases a man may receive or retain a servant that is formerly retained by another. 8. And lastly, who shall in Law be taken to be a servant within the meaning of the said statute of 23. Ed. 3. The common Law before the statutes. 28. For the First, by the common Law before the said statutes, a justice of peace by the first Assignavimus of the Commission pro bono regimine, might commit to prison all Idle wanderers which were able to work and would not (which had no means or livelihood of their own) to remain in prison until they should find surety either to betake themselves to some honest labour, or else to be bound to their good behaviour, and this is agreeable to the Law of God as appears in the second Epistle of Saint Paul to the Thessalonians the third Chapter, where Saint Paul giveth a commandment and a precept, that if any would not work he should not eat, (that is) he should not eat the fruit of other men's labours, but should work and eat his own bread and it is plain and manifest in the kingdom of Ireland, that Idleness hath been the chief occasion of many rebellions, and yet is a great occasion of the poverty of that kingdom, and for the better suppressing of all such Idle living divers good Laws and statutes have been enacted and made in that kingdom as namely in Anno. 25. H. 6. ca 7. It was enacted that the Sons of Husbandmen and Labourers should be Labourers and travellers upon the ground, as they were in old time, and in all other works and labours lawful and honest, according to their state, and if it fortune that any such son of an Husbandman or of a Labourer do the contrary, and thereof be lawfully convicted before any judge of the King, or judge of Franchise, that he shall have the imprisonment of one year, and over that he shall make fine to the King, or to the Lord of the Franchise, according to the discretion of the judge before whom he is convicted. 29. 11. Caroli c. 16. And by another statute lately made in Ireland in the eleventh year of the King's Majesty that now is. It is enacted that if any person or persons that hath no means of ability of his own, or sufficient means of support from his parents and kindred, that shall walk up and down the Country with their Fosterers or kindred and retinue with one or more Greyhound or Greyhounds or otherwise, or that shall casher, lodge or sesse themselves, their followers, their horses, or their Greyhounds upon the Inhabitants of the Country, or shall directly or indirectly exact meat, drink, or money from them, or shall crave any helps in such sort as the poor people dare not deny the same for fear of some scandalous Rhyme or song to be made upon them, or some worse inconvenience to be done them, that it shall be lawful for every justice of peace of each County within the Realm of Ireland, and for the justices of Assize in their several Circuits, to apprehend or cause to be apprehended all such person or persons, and him or them to bind to their loyalty and allegiance or allegeances, or to the good behaviour, as in the discretion of such justices shall seem meet, and to commit the said persons to the common gaol of the said County, until he or they shall find bonds by recognizance as aforesaid, with very good sureties, which the justice of peace shall return all and every such Bonds or Recognizances, so by him to be taken, at the next general Sessions of the peace for the said County, where the same shall be taken, and all Sheriffs, Bailiffs, Constables, Provost Marshals, and other his Majesty's loyal subjects are required to be aiding, assisting and helpful to every justice of peace and justices of Assize in the apprehending of the said Cosherers, and wand'ring Idlers, when they shall be thereunto required upon pain of such fine or fines to be set upon them, for their neglect, as upon conviction before the justices of peace or before the justices of Assize at their discretion shall be set upon them for their said default. 30. Both which last mentioned statutes are in a manner but a declaration of the common Law, for the constant course in Ireland hath ever been at the general Sessions of the peace and at the Assizes to inquire of such Idlers, and to fine and imprison them, until they shall find surety to betake themselves to some honest labour, or else to be bound to their good behaviour at the discretion of the judge. 31. So likewise at the common Law, if a man had taken my servant from me, I might have had an action of Trespass, Quare vi & armis, etc. but if he had procured the servant to departed, who did depart accordingly and he retained him, or if he had departed of his own head, and another had retained him knowing of the first retainer, an Action did not lie at the common Law, Quare vi & armis, etc. but an action upon the case did lie upon the departure by such procurement, and in case where the servant did departed without any such procurement and was retained by another, 11. H. 4. 21. & 22. there no action at all did lie by the common Law, and therefore the said statute of 23. Ed. 3. was made, which gives an action in these cases. 11. H. 4. 21. & 22. Co. lib. 11. fo. 86. 32. Likewise by the common Law no man may be prohibited to work in any lawful trade, for the Law abhorreth Idleness, Coke lib. 11. fo. 86. 33. Also by the common Law no man is prohibited to use divers mysteries or Trades at his pleasure, and although this was prohibited by the statute of 37. Ed. 3. cap. 6. yet shortly after at the next Parliament (that restraint of free Trade being found prejudicial to the common wealth) it was enacted again that all persons should be as free to use several Trades as they were at anytime before, Co. lib. 11. fo. 54. as appears by the statute of 38. Ed. 3. ca 2. and therefore without an Act of Parliament no man may be restrained either to work in any lawful Trade or to use divers mysteries or Trades, by any ordinances or by-lawes made to restrain the same, but such by-lawes and ordinances are merely void and against the law. 34. Also it is lawful for any person to use privately any Trade, as of a Cook, Brewer, Baker, Taylor, or such like, in his own house, or in the house of any other, for the private use of the family, although such person were never Apprentice to the Trade. Who are compellable to serve by the statute. 35. By the statute of 23. Ed. 3. and the rest of the statutes above mentioned, a justice of peace may command vagrant persons to prison if they will not serve and labour, and they may command the Gaoler to let them at large without other writ, Fitz Na. Br. fo. 168. b. and if a man be retained in service and go vagrant out of his service another man may compel him to serve or labour, because he is out of service, Fitz. Na. Br. fo. 168 b. Fitz. Na. Br. fo. 168. 1. 36. He which hath not lands sufficient of his own to manure or hath not some mystery or occupation to live upon, shall be compelled to serve and labour by the said statute of 23. Ed. 3. Fitz. Na. Br. fol. 168. i. 37. In an action upon the statute of Labourers the defendant saith that he holdeth land, for which he ought to do certain days works yearly to the Bishop of D. at his Manor of S. and demands judgement if he shall be compelled to serve, and the plaintiff saith that he had but six acres for which he shall pay but six days work, upon which the defendant demurred in law, and it was awarded by the Court that the plaintiff shall be barred of his action, the reason is, 40. Ed. 3. 39 that if he shall be retained with another, it will not be lawful for him to departed from him to do the six days work, Brook Lab. 5. nor to do any work, 40. Ed. 3. 39 Brooke Labourers 5. 38. An Infant of the age of five years is not compellable to serve by the said statute by reason of his disability of body, 41. Ed. 3. 17. Brook Lab. 6. for the statute requireth that he should be potens in corpore. 41. Ed. 3. 17. Brooke Labourers 6. 39 In an action of false imprisonment the defendant justifieth (being Lord of the tenant) because the plaintiff was vagrant, and I.N. complained for lack of a servant, and required him to serve, and he would not, wherefore he put him in the Stocks, and the plaintiff said that he had two Acres of land, five sheep and ten Cows to the value of 20. l. to be occupied, and the defendant said that he had but a cottage and no land, and so not sufficient to be occupied, and the other said and maintained that he had sufficient Chattels to be occupied, and thereupon the issue was joined, 47. Ed. 3. 18. Br. Lab. 14. which proves that if his Chattels were sufficient to employ him in labour, he is not compellable to serve as a servant. 47. Ed. 3. 18. Br. Lab. 14. 40. An action was brought upon the statute of Labourers against a little Damsel of the age of ten years upon retainer and departure, and the plaintiff declared against her, and the defendant said that she is but of the age of Ten years, and demanded judgement of action, and because it appeared to the Court by inspection that she was not of age to make a Covenant, therefore the writ was abated, 2. H. 4. 5. Br. Lab. 19 and there Rickhill said that she is not of age to bind herself by Covenant, ante annos nubiles, that is to say before the age of 12. years, 2. H. 4. 5. Br. Lab. 19 41. In an action upon the statute of Labourers, 7. H 4. 5. Br. Lab. 20. it was said that the statute of Anno. 23. Ed. 3. cap. 1. is, that quilibet potens in corpore ought to serve, and by Hankford an Infant of 12. years retained aught to serve 7. H. 4. 5. Br. Lab. 20. 42. A man brought an Action upon the statute of Labourers for taking his servant out of his possession, 38. Ed. 3. 5. Br. Lab. 24. the defendant said that the servant is an Infant under the age of Ten years, and because the plaintiff could not gainsay it, he was barred of his action, 38. Ed. 3. 5. Br. Lab. 24. 43. An Artificer as a Carpenter, Taylor, Shoemaker, and such like shall not be compelled to serve by the statute of husbandry, contrary of servants of husbandry, and therefore in an action of debt brought by the Carpenter, Taylor, or such like for his wages, the master may wage his law, but not in an action brought by a servant in husbandry, and yet if a Carpenter, Taylor, Shoemaker, 33. H. 6. 14. Br. Lab. 36. or other Artificer will be retained in service and departed, an action lies of the departure, although that they shall not be constrained to serve; for the first Article of the statute of Labourers 23. Ed. 3. compels servants of husbandry to serve, and the second Article ordains that if any retained in service departed from his master, an Action shall lie of the Departure, 33. H. 6. 14. Brooke, Labourers 36. 44. In an action upon the statute of Labourers, if the defendant were vagrant, and was required to serve, and refused; by Martin, if he be retained with one to serve by the day, and is required by another to serve by the year, there he shall serve the first the day which he was hired, and after that day ended he shall serve the other by the year; but if he be retained for twenty or forty days, and be required by another to serve by the year, he ought to serve the latter, for a retainer by twenty or forty days is no usual retainer, but otherwise it is of a retainer by the day, 11. H. 6. 1. Br. Lab. 49. and by him if a man be retained for a year, and after is vagrant, and do not serve accordingly, there; if another him require to serve he ought to obey that request. 11. H. 6. 1. Brooke, Labourers 49. 45. A servant shall be compelled to serve in Summer in the place where he served in Winter before, and the Lords of the Town and justices of peace may command vagrants to prison which will not serve, Fitz. Na. Br. foe 168 f. Br. Lab. 51. and if a man retain a servant for forty days, and another retain him for a year within the forty days, the first retainer is thereby discharged, because the first retainer was not according to the statute, What is a good retainer within the statute and what not. 3. H. 6. 23. Br. Lab. 1. Fitz. Na. Br. foe 168. f. Br. Lab. 51. 46. If a man retain a Labourer to serve him in husbandry according to the form of the statute, this is a good retainer, although no wages be mentioned, but it is otherwise if a man retain a Carpenter to make a Mill, or such like, for in the one case the wages is certain by the statute and not in the other. 3. H. 6. 23. Br. Lab. 1. 47. An Action upon the statute of Labourers was brought against one which was retained in the office of an Imbroiderer who departed within the Term, 47. Ed. 8. ●●. Br. Lab. 15. the defendant demands judgement of writ, because the statute doth extend only to servants and labourers and not to Artificers, but this exception was not allowed, whereby it appears that this was a good retainer according to the statute 47. E. 3. 22. Br. Lab. 15. 48. An Action upon the statute of Labourers was brought against a Chaplain who had covenanted to be Seneschal to the plainetiffe, and Chaplain of such a parish Church, for that he departed within the Term, and as to the office of Seneschal it was adjudged that the Action is well brought, 50. Ed. 3. 13. Br. Lab. 16. but as to the Chaplain the Action doth not lie, for that he is neither common Labourer, nor Artificer, but is the servant of God, and therefore as to that he was discharged. 50. E. 3. 13. Br. Lab. 16. 11. H. 4. 42. Br. Lab. 23. 49. A retainer upon condition is a good retainer within the said statute. ●8. Ed. ●. 12. Br. Lab. 25. Fitz Na. Br. fo. 138. h. 11. H. 4. 42. Br. Lab. 23. 50. If a man that is insufficient and not able to keep a servant retain a servant to serve him by the year, this is no good retainer. 38. Ed. 3. 12. Br. Lab. 25. 51. An Action upon the statute of Labourers was brought, and the defendant said that he was retained to collect the rents of the plaintiff without that, that he was retained in the office of a labourer, and this was adjudged a good plea; for the statute is only of those which may be required to serve as Labourers, 19 H. 6. 53. Br. Lab. 28. and that is not a Collector of rents, for it is not reasonable that a man should be compelled to be accountable. 19 H. 6. 53. Br. Lab. 28. 52. If a man retain a servant to serve in his house, 21. H. 6. 9 Br. Lab. 29. that is a good retainer, although he do not express in what office he shall serve, that is to say a fervant in Husbandry, Cook, Butler, horsekeeper, or such like. 21. H. 6. 9 Br. Lab. 29. 53. By Markham and Ascue justices, an Infant may bind himself a Apprentice, but Newton and Paston justices say, that is by custom and not by the common Law, and it is there agreed that one may be constrained by the statute to serve but not to be an Apprentice, and by Paston, if an Infant be retained to serve, & an Action upon the statute of Labourers is brought against him, it is a good plea for him to say that he is an Infant, but by Markham that is; 21. H. 6. 33. Br. Lab. 30. where he is under the age of 14. years; for at the age of 14. years he is potens in corpore according to the statute, and therefore such retainer is good. 21. H. 6. 33. Br. Lab. 30. 54. If I retain a servant for a year, and so from year to year, taking for his wages according to the statute, and if he serve Eight years he shall have an Action for his wages, and he may not departed without reasonable warning, but where he is retained for one year and continueth for Eight or Ten years, now the first retainer shall serve for all, and is but one retainer within the statute for all the years. 38. H. 6. 14. Br. Lab. 36. 38. H. 6. 14. Br. Lab. 36. 55. If I retain a servant to serve me by the year at any time that I shall require him; this is no good retainer within the statute. 22. H. 6. 30. Br. Lab. 31. 22. H. 6. 30. Br. Lab. 31. 56. An Action upon the statute of Labourers for taking of the plainetiffes retained servant, the defendant said that the servant made the Covenant by dures and was within age, and the defendant had 20. l. land, and the servant is his Son and heir apparent, and by Babington if such a son make a Covenant to serve, this is a good retainer, although he were heir apparent to 100 l. land. And if he were of the age of discretion and made such a Covenant to serve in Husbandry, that shall bind him, and so it was agreed by the Court, and there it was said by Martin that a man may lawfully be imprisoned if he will not serve according to his Covenant, but this shall be by the officers of the King and not by the party himself. 9 H. 6. 10. Br. Lab. 43. 9 H. 6. 10. Br. Lab. 43. 57 If a labourer be retained to serve for Term of his life, this is no good retainer within the statute. 2. H. 4. 15. Br. Lab. 44. 2. H. 4. 15. Br. Lab. 44. 58. Note that he which is non potens in corpore and he which hath lands and a Gentleman, Cook, Butler, Chaplain, Yeoman, and such like shall not be constrained by the statute to be retained in Husbandry, yet if they will be retained in Husbandry; this retainer is good. 38. H. 6. 22. Br. Lab. 46. 38. H. 6. 22. Br. Lab. 46. 59 The retainer of a Chaplain to serve as a Chaplain is no good retainer within the said statute, nor no Action will lie for his departure upon the said statute, for it is intended that he hath whereof to live, although he be not always disposed to celebrate divine service. 10. H. 6. 8. Br. Lab. 47. 10. H 6. 8. Br. Lab. 47. 60. If a man retain an Infant of the age of 12. years or upward be it man or woman to serve in Husbandry; this is a good retainer by the said statute, Fitz. Na. Br. fol. 168. d. F tz Na. Br. fo. 168. d. 61. If a Gentleman which by the statute is not compellable to serve in Husbandry, or a Chaplain, or a Carpenter shall put themselves by Covenant to serve in Husbandry, they shall be bound thereby, and this is a good retainer by this statute, and upon their departure out of such service an Action lies against them upon this statute, Fitz. Na. Br. fo. 168. e. Fitz. Nam Br. fo. 168. e. 62. If a man retain one for forty days to serve him and another after retain him for a year, the first retainer is defeated, because it was not according to the statute; and so if one be retained to serve at every time that he shall be required, that is no retainer according to the statute, but if it be by deed, it is a good Covenant upon the deed, and without deed it is void, Fitz. Na. Br. fo. 168. f. Fitz. Na. Br. fo. 168. f. 63. If a man retain another to serve him and do not express how long he shall serve; this is a good retainer according to the statute, and he shall serve a year, Fitz. Na. Br. fo. 168. h. Fitz Na. Br. fo. 168. h. Fitz. Na. Br. fo. 168. o. 64. If the husband and wife be retained during the marriage, this is a good retainer, and if they depart an Action shall be maintained against them upon the said statute. What be causes for a servant to departed from his service. 65. The detaining of competent meat, drink, lodging, or wages from a servant are good causes to departed from his service, Fitz. Na. Br. 168. l. F●tz Na. Br. fo. 168 l. & q. 29. Ed. 3. 22. Br. Lab. 35. 66. Also if the master or his wife without cause beat the servant or otherways for cause beat him outrageously, these are good causes for the servant to departed, and yet the master by Law is allowed with moderation to chastise his servant or apprentice, Fitz. Na. Br. fo. 168. l. & q. 67. Also the servant may departed by the licence of his master, Fitz. Na. Br. fo. 168. l. 68 But if a woman which is a servant take a husband, this is no cause to departed from her service, but she ought to serve out the residue of her Term, Fitz. Na. Br. fo. 168. n. Fitz. Nam Br. fo. 168. n. 69. If the master will discharge his servant by word and say unto him that he shall serve him no longer, this is a good cause for the servant to departed, 6. Ed. 4. 2. Br. Lab. 38. for he cannot serve him against his will, but upon such discharge the servant shall have his wages for the time he hath served, 6. Ed. 4. 2. Br. Lab. 38. 70. How a master may discharge his servant. In an Action upon the statute of Labourers for departing from his service the defendant said that he was retained with the plainetiffe in the office of Carpenter to make a house, and that he came unto him to do his service, and the master him discharged, and this was holden to be a good bar of the Action. 11. H. 4. 32. Br. Lab. 22. 11. H. 4. 32. Br. Lab. 22. 71. In an Action of maintenance the defendant justifieth to aid the plaintiff, because he was his retained servant, and the plaintiff said that after the retainer and before the maintenance, that is to say, at D. in the County of M. the master him discharged of his service whereunto the servant agreed, whereby it appeareth that the master may not discharge his servant within the Term, except that the servant agree thereunto no more, than the servant may departed from his Master without the master's licence or agreement. 19 H. 6. 30. Br. Lab. 27. 19 H. 6. 30. Br. Lab. 27. 72. If a man retain a servant for a year and he discharge him at Easter in the same year, to which the servant agreeth, he shall not have an Action for any part of his wages for the service done before nor after, for nothing is due until the end of the year, for the contract is entire and may not be severed. 10. H. 6. 23. Br. Lab. 48. 10. H. 6. 23. Br. Lab. 48. otherwise it is if the servant be within age, for then his agreement to the discharge is void, and he shall not be bound by it. 73. If a servant that is retained for a year happen within the time of his service to fall sick, or to be hurt or lamed, or otherwise to become non potens in corpore, the master must not put such servant away nor abate any part of his wages for such time, Dalton pag. 74. Dalton pa. 74. 74. Who may take a servant from his master that retained him. 74. The Lord may take his villain out of the service of another if he have need of servants, otherways not, Fitzh. Na. Br. 168. m. 75. In an Action upon the statute of Labourers for taking a servant out of his master's service, the defendant said that he is seized of the Manor of B. to which the servant was a villain regardant, wherefore he took him, etc. and this was holden no good plea, for where a villain is retained in another's service, it is not lawful for the Lord to take him from his master, unless the Lord have need of such a servant, whereupon the defendant said that the servant was a Shepherd, and that he having need of a Shepherd took him, and this was holden to be a good plea, for the statute will that the Lords should be preferred in their villains before others. 27. H. 6. 2. Br. Lab. 3. 27. H. 6. 2. Br. Lab. 3. 76. In an Action upon the statute of Labourers for taking his servant retained out of his service, the defendant said that he is Lord of the Manor of W. to which this servant was and is a villain regardant, and is a Carter, and he hath need of a Carter, 47. Ed. 3. 16. Br. Lab. 13. by reason whereof he took him, and this was held to be a good justification, for the Statute of Labourers, viz. the statute of 23. Ed. 3. ca 1. & 2. is quod domini preferantur in nativis suis, 47. Ed. 3. 16. Br. Lab. 13. 50. Ed. 3. 22. Br. L●b. 17. 77. If a man retain a servant which is the villain or retained servant of another, the Lord or the master that first retained him may take him out of the possession of him that last retained him, 9 H. 4. 32. Br. Lab. 33. but before he take him he ought to give notice of his former retainer, or of the villainage. 50. Ed. 3. 22. Br. Lab. 17. 2. H. 4. 13. Br. Lab. 18. 78. If a man have a feme sole in his service, and another man takes her to wife, he may do that lawfully, but it is not lawful for him to take her out of her service during the term that she is bound to serve, 2. H. 4. 13. Br. Labernele 18. Fitz. Na. Br. fo. 168. d. 79. If a man taketh an Infant or other servant out of another man's service, this is punishable, though the Infant or servant was not retained, but if an Infant being retained as an Apprentice, or servant happen to be a Ward, the Lord may take him from his master; for the Lords title is more ancient than the retainer, yet the Lord ought first to give notice thereof to his master, or else the master may lawfully detain him, 50. Ed. 3. 22. Fitz. Na. Br. fo. 143. i. 50. Ed. 3. 22. Fitz. Na. Br. fo. 143. i. 80. If a servant be retained by one, and departed from his master, and then is retained by another, it is lawful for the first master to take him out of the possession of the second master, so as he give notice to the second master of the former retainer, 28. H. 6. 11. Br. Lab. 4. 28. H. 6. 11. Br. Lab. 4. 81. If a man retain the servant of another, not knowing of the former retainer, Who may receive or retain a servant that is retained with another. he shall not be punished for this, if he do not detain him after notice of it, Fitz. Na. Br. fol. 168. b. 82. A servant departeth from his master, and one that had married his mother found him vagrant, and the servant came with him to his house and continued there a day, the father in law for this is not punishable by the statute: And likewise in this case, if the father had brought the servant to a schoolmaster to be taught, and the schoolmaster receive him into his school, this is no offence in the schoolmaster, for he is not bound to take notice that he was in service: And also if a servant have broken his leg or Arm, or received any other hurt that he cannot go, and a Surgeon comes to him to cure his wound, this is no offence in the Surgeon, or if a servant come unto me and pray me to receive him into my service, which I do, this is no offence in me, for I am not bound to take notice of the former retainer; And likewise if a servant come to me, and entreat me for God's sake to give him lodging, which I do accordingly, this is justifiable, and no offence against this statute, for it is an Act of Charity. And likewise if the servant of another man cometh to labour with me, his master shall have no action against me for this cause, but if I procure him to come and labour with me knowing him to be the servant of another man, Who shall be said in Law a servant within the statute of 23. Ed. 3. I shall be punished by this statute. 9 H. 4. 32. Br. Lab. 33. 9 H 4. 32. Br. Lab. 33. 83. He which is retained to serve, although he never come to his master, nor be actually in his service, he is a servant within the intention of this statute, and if he be retained and refuse to do his labour, this is a departure in law, and punishable by this statute, 41. Ed. 3. 20. Br. Lab. 7. 46. Ed. 3. 4. 47. Ed. 3. 14. 3. H. 6. 37. 41. Ed. 3. 20● Br. Lab. 7. 46. Ed. 3. 4. 47. Ed. 3. 14. 3. H. 6. 37. 45. Ed. 3. 13. Br. Lab. 8. 21. H. 6. 33. Br. Lab. 30. 46. Ed. 3. 14. Br. Lab. 10. 84. An Apprentice is no servant within the intention and meaning of the statute, 45. Ed. 3. 13. Br. Lab. 8. 21. H. 6. 33. Br. Lab. 30. 39 Ed. 3. 22. Br. Lab. 35. & Fitz. Na. Br. fol. 168. g. 85. A Chaplain retained to say divine service is no servant within the meaning of the statute 46. Ed. 3. 14. Br. Lab. 10. 86. I have the more enlarged myself upon this title of Labourers, because I see by continual experience that not only the Idleness of those that will not labour, but also the excessive wages of such as do labour, and of all manner of artificers is the most great and general grievance that is in Ireland, and thereupon all these inconveniences do ensue: videlicet, first, of Idleness ensueth Thefts and Rebellions, for Idleness is the nurse of both. Secondly, of the excess of wages in servants and labourers in husbandry ensueth poverty in the farmers and freehoulders that live by husbandry only, for the excess of servants and labourers wages eateth up the greatest part of the profit that may be raised by manuring the land, whereby the farmor is so impoverished that he is not able to pay his rent, and to bear other country charges, nor to enclose his land, or to live and breed his children in any decent fashion, by means whereof the land is not improved to the one half of the value it might be at, and so the Landlords lose a great part of their revenue, besides the preventing of many stealths which could not be so frequently committed as now they are, if the lands were enclosed. Thirdly, by the excess of wages in Masons, Carpenters, and other artificers, the farmers and inferior freeholders are constrained for the most part to live in base cottages more fit for hogstyes then for men to dwell in, and no marvel for by the negligence of the justices of peace in not rating of wages and putting these statutes in execution it is come to this pass that a joiner will take Two shillings sterling per diem with meat and drink for his journeyman, and 12. d. sterling with meat and drink, for a boy that can scarce bore a hole as it should be; and this I speak of mine own knowledge, and therefore I wish that the justices of peace would henceforth better remember their oaths, the duty of their places, and the good of the common wealth then hitherto they have done, but if the justices of peace shall wilfully continue still their neglect herein, I cannot but let them know, that for this their neglect they are (and that worthily) for their neglect to be punished in the Starchamber. Misprision. CHAP. 43. 1. THere be also certain offences which by the common Law are misprision of treason or felonies, or at least punishable in the same degree and more, 22. Ed. 3. 13. Stamf. 38. as to draw a sword to strick a justice, sitting in place of judgement; to strike a juror in the presence of the Iust. sitting in place of judgement, Stam. 37. & 38. Br. contempts 9 0. or to strick another in the house where the Courts of justice are kept, sitting any of the King's Courts there, or to draw any weapons (therewithal to strike any person) in the presence of the justices, P. Pain 16. or to make any Affray in their presence they sitting in judgement, or to rescous any such offendor, these are such misprisions for which the offendor shall have more grievous punishment then for misprisions of Treason or felony, for in these cases the offendor shall not only forfeit all his goods and chattels, and the profits of his lands during his life, and be imprisoned during his life, but also shall have his hand cut of. 28. El. ca 7. in Ireland. 2. The counterfeiting of the coin of gold or silver of other Countries, which is not currant in this Kingdom, is by a statute made in 28. Eliz. ca 7. enacted to be misprision of high treason in the Actors, their procurers, aiders, and abettors. Stamf. 37. d. Cromp. 44. 3. Note that every treason or felony, do include misprision, so that where any person hath committed treason or felony, the King may cause the offendor to be indicted and arraigned but of misprision. Stamf. fo. 37. 4. Misprision of Treason or felony is properly when one knoweth that another hath committed, or is about to commit any treason or felony, but was not, or is not consenting thereto, and yet will not discover the offendor to the King or his Council, or to some Magistrate, but conceals both the offence and the offenders. Br. Treason. 19 Stamf. fo. 38. 5. For misprision of treason, the offend or shall forfeit to the King all his goods and chattels for ever, and the profits of his lands during his life, and also shall be imprisoned during his life, but for misprision of felony the offendor shall be only fined and ransomed as it seems, 3. H. 7. 10. Br. Treason 25. and shall be committed to prison until he hath paid his fine. 3. H. 7. fol. 10. 6. Note for the offenders in high treason, misprision of treason and praemunire, that although the Iu. of Peace by their Commission nor by statute cannot meddle with them in the very point of their offences, saving in some particulars, and that by way of inquiry only, which you may see hic antea tit. felony, yet for that all treasons and such other offences are against the peace of the King and of the Realm, therefore upon complaint made to the justice of peace, or other knowledge had by him of any such offenders, it shall be his part to cause such offenders to be apprehended, and to take their examinations, and the information upon oath of such as bring them or of others that can prove any thing material against them, and to put the same in writing (under the hands of the Informers) and then to commit the offenders to the Gaol, Dalton p. 212. and also to bind over by recognizance all such as do declare any thing material, to appear and give evidence against such offenders, before the Lords of the King's Majesties privy Council, or elsewhere, when they shall be called upon reasonable warning, or before the justices of Assizes at the next general gaol delivery, and after to certify their doing therein to some of the Lords of his Majesties said Council. Nightwalkers. CHAP. 44. 1. EVery justice of peace (ex officio) and by the first Assignavimus of the Commission may cause to be arrested all Nightwalkers, 13. H. 7. 1●. Dalton pa. 76. be they strangers or other persons that be suspected, or that be of evil behaviour, or of evil fame, and more particularly all such suspected persons as shall sleep in the day time, and go abroad in the night season, haunt any house that is suspected for bawdry, or shall in the night time use other suspicious company, or shall commit any other outrages or misdemeanours, and may force them to find surety for their good behaviour, see the title, surety for the good behaviour. Peace. CHAP. 45. 1. EVery justice of peace hath authority and power given him, by the first Assignavimus, or clause in the Commission, Dalton pa. 79. to keep and cause to be kept the King's majesties peace, by force of which words they have aswell the ancient power touching the keeping of the peace which the ancient conservators of the peace had by the common Law, as also all authority which the statutes since have added thereto, and so they may cause to be kept all the statutes and Laws now in force, which been made for the peace or keeping thereof, and more especially they may arrest or cause to be arrested and sent to the Gaol all Traitors, Murderers, Robbers, and Felons, and persons suspected of such things, and all such are guilty of any misprision, or praemunire. 2. They may also suppress and bind to the peace or good behaviour all Affrayors, Dalton p. 80. and all persons unlawfully and riotously assembled or unlawfully wearing armour or any weapons, by night or by day, or otherways putting the people in fear and all unlawful nightwalkers and barrettors, and the like, all which may well be said to be disturbances or breaches of the peace, see more fully of these under their particular Titles. Posse Comitatus. CHAP. 46. 1. Where the justice of peace, Sheriff, or other officer is enabled to take the power of the County, it seemeth they may command, and aught to have the help and attendance of all Knights, Gentlemen, Yeomen, Husbandmen, Labourers, Tradesmen, Servants, and Apprentices, and of all other such persons, being above the age of fifteen years, and that are able to travel. 2. But women, Ecclesiastical persons, and such as be decrepit or diseased of any continual infirmity, shall not be compelled to attend them. 3. And in such cases, it is referred to the discretion of the justices of peace, or Sheriff, etc. what number they will have to attend upon them, and how and after what manner they shall be armed, weaponed, and otherwise furnished. 4. But it is not justifiable for the justices of peace, Sheriff, or other officer, to assemble posse comitatus or raise a power or assembly of people (upon their own heads) without just cause. What persons may take posse comitatus and in what ●ases. CHAP. 47. Dalton 314. 1. ANy justice of peace or Sheriff, may take of that County where he is a justice or Sheriff, any number that they shall think meet, to pursue, apprehend, arrest and imprison Traitors, Murderers, Robbers, and other felons, or such as do break, or go about to break, or disturb the King's peace, and every man being required, aught to assist and aid them. 2. The justice of peace and Sheriff, or undersheriff may take posse comitatus, Dalton ibid. for the suppressing of riots, and all sorts of persons (being able and required) ought to assist them therein. 14. H. 7. 8. 3. Yea any one justice of peace may take the power and aid of the whole Country to suppress Rioters, and needs not to tarry for the coming of another justice, or of the Sheriff. Dalton 314. 4. Also in cases of forceible entry any justice of peace may take posse comitatus to remove such persons as by his view, or by inquisition taken before him, shall be found to have made any forceible entry (into other men's possessions) or to detain them with force. 3. H. 1. 7. 10. Co. 5. 1. 15. p. Distr. 4. praetor. 5. Br. fine p. 27. Br. Riots 23. 5. The Sheriff, undersheriff, or Bailiff, etc. if need be, may by the common Law, take the power of the County (what number they shall think good) to execute the King's process or writ, be it a writ of execution, replevin, estreperment, capias or other writ, it being the King's commandment (see also the statute Westm. 1. 17. Westm. 2. 39) and such as shall not assist them therein, being required, shall pay a fine to the King. 6. 3. H. 7. 1. Br. Trespass 266. The Sheriff's Bailiff to execute a Replevin took with him three hundred men armed (modo guerino) with brigandines, jacks, and guns, and it was holden lawful, for the Sheriff's officer hath power to take assistance aswell as the Sheriff himself, for that all is one office and one authority. 7. Dalton 324. A man demands the peace in the Chancery against a great Lord, and hath a supplicavit directed to the Sheriff, there if need shall be, the Sheriff may take his posse comitatus to aid him to arrest such a Lord, etc. 8. So it seemeth, if a supplicavit be directed to a justice of peace, Dalton ibid. the justice of peace or the officer to whom the justice of peace shall make his warrant in this behalf (upon resistance made) may if need be take posse comitatus to aid him to arrest the party, quia quando, Co. li. 5. fo. 115. aliquid mandatur, mandatur & omne per quod pervenitur ad illud. Co. 5. 115. 9 The Sheriff may take Posse comitatus to apprehend felons, etc. or disturbers of the Peace. 10. So he may take Posse comitatus to execute the precept of the justice of Peace. 11. 3. H 7. 10. 1●. H. 7 19 B●. Trespass 432. The Constable of the Town upon a treason or felony committed, or upon any affray or the like, may take the aid of his neighbours, or other persons being present, to apprehend the Traitor or felons, or to cause the peace to be kept, and to carry the offenders before the Iust. of peace. 12. One hath hurt another, whereby he is in peril of death, 38. Ed 〈◊〉 the Constable may take power or aid to arrest him that did the hurt. Praemunire. CHAP. 48. 1. EVery justice of peace may cause all such as are suspected to have fallen into the danger of a Praemunire to be arrested and to commit the offendor upon probable proof thereof, and this he may do by the first assignavimus of the Commission, for nothing can be more against the peace and good government then bringing in and extolling of foreign jurisdictions and authority, and therefore it will be needful to inform the justices of peace what offences by the laws and statutes of force in Ireland will bring a man into the danger of a Praemunire. 2. At the common law before the statute of 25. Ed. 3. de proditionibus, the extolling of foreign jurisdiction was Treason, but by that statute the law is altered, and as well in that Parliament as in many other parliaments several provisions have been made against offenders of this kind, the substance and effect of which statutes are here expressed as followeth, videlicet: Rome. Abbeys. Priories. 3. In anno 25. E. 3. c. 22. It is ordained that because that some do purchase in the Court of Rome provisions to have Abbeys, and Priories in the King's Dominions in destruction of the Realm, and holy Religion, every man that purchaseth such provisions of Abbeys or Priories, that he and his Executors Executors. and Procurators which do sue and make execution of such provisions, shall be out of the King's Protection, Protection. and that a man may do with them, as with enemies of our Sovereign Lord the King and the realm, and he that shall commit any thing against such provisors in body or in goods, or in other possessions, shall be excused Excused. against all people, and shall never be impeached or grieved for the same at any man's suit. 4. Afterwards in anno 27. E. 3. ca 1. another statute was made to this effect, that is to say, because that it is showed to the King by the grievous and clamorous complaints of great men and commons, how that divers of the people be and have been drawn out of the realm, to answer of things, whereof the cognisance pertaineth to the King's Court, and also that the judgements given in the same Courts be impeached in another Court, in prejudice and disherison of the King and of his Crown, and of all the people of his said realm, and in the undoing and destruction of the common Law of the same Realm at all times heretofore used, whereupon good deliberation being had with the great men, and other of his said council, it is assented and accorded by our sovereign Lord the Kings, and the great men and commons aforesaid, that all the people of the King's liegeance, of what condition that they be, which draw any out of the Realm in plea, whereof the cognisance pertaineth to the King's Court, Court. or of things whereof judgements be given in the King's Court, or which do sue Sue. in any other Court to defeat or impeach the judgements given in the King's Court, shall have day containing the space of two months by warning made to them in the place where the possessions be which be in debate, or where they have lands or other possessions, by the Sheriffs, or other the King's ministers, to be before the King and his council, or in his Chancery, or before the King's justices in his places of the one bench or other, or before other the King's justices, which to the same shall be deputed to answer Answer. in their proper persons to the King of the contempt done in this behalf, and if they come not at the said day in their proper persons to stand to the Law, than they, their procurators, attorneys, Attorneys. executors, Executors. notaries, and maintainers shall from that day forth be put out of the King's protection, Protection. and their lands, goods, and cattles forfeit Forfeit. to the King, and their bodies wheresoever they may be found shall be taken and imprisoned, Impris. and ransomed at the Kings will, and upon the same a writ shall be made to take them by their bodies, and to seize their lands, goods and possessions into the King's hands, and if it be returned that they be not found, they shall be put in exigent Exigent. and outlawed, provided always, that at what time they come before that they be outlawed, and will yield them to the King's prison to be justified by the Law, and to receive that the Court shall award in this behalf, that they shall be thereto received the forfeiture of the lands, goods, and cattles abiding in their force, if they do not yield them within the said two months, as afore is said. 5. After this in Anno 38. E. 3. ca 1. another statute was made to this effect following, videli●et: It is provided and ordained, that all they which have obtained, purchased & pursued personal citations, Citations. or other process in times past, or hereafter shall obtain, purchase or pursue such like against the King or any of his Subjects in the Court of Rome, and also all they that have obtained, or shall obtain in the said Court, Deaneries, Archdeaconries, Provostries, and other Dignities, Dignities. offices, chapels, or benefices of holy Church pertaining to the collation, gift, presentation, or disposition of the King, or of other lay Patron of his said Realm, and also all like persons obtainers of Churches, Chapels, offices, or benefices of holy church, pensions or rents amortised and appropriated to Church's Cathedral, or collegiate Abbeys, Priories, Chanteries, Hospitals, or other poor houses, before that such appropriations and amortisments be avoided and anulled by due process, and also all they which have obtained in the same Court Dignities, Offices, Hospitals or any benefices of Churches which be occupied at this present season by reasonable title, by any persons of the said realm, if such impetrations be not fully executed, or shall obtain hereafter like benefice, whereby prejudice, damage, or let hath been or may be done hereafter to him, or to his said Subjects or persons, heritage's, possessions, rights, or any goods, or to the laws, usages, customs, franchises, and liberties of this realm, and of his Crown, and also all their maintainers, Maintainers. councillors, abbetters, and other aiders and fautours wittingly, aswell at the suit of the King as of the party or other whatsoever he be of the realm, finding pledges and sureties Surety. for to pursue against them, in this case all the said persons defamed and violently suspected of such impetrations, pursuits or grievances by suspicion, shall be arrested and taken by the Sheriffs Arrest. Sheriff. of the places, and the justices in their Sessions, Deputies, Bailiffs, and other of the King's ministers, and by good and sufficient mainprize, Mainprize. put in bail or other surety (the shortest that may be) and shall be presented to the King and his Council, there to remain and stand to right, to receive what the law shall give them, and if they be attainted or convict of any of the said things, they shall have the pain comprised in the statute made in the 25. year of the reign of the said King, E. 3. de prisonibus, and if any person defamed Defamed. or suspect of the said Impetrations, prosecutions, or grievances, or interprises, be they out of the realm or within cannot be attached nor arrested in their proper persons, and do not present them before the King and his Council, within two months Two months. next after that they be thereupon warned in their places (if they have any) in any of the King's Courts, or in the Counties, or before the King's justices justices. in their Sessions, or otherwise sufficient to answer Answer. to the King and to the party, to stand, and be at the Law in this case, before the King and his Council, shall be punished by the form and manner comprised in the said statute made in the seven and twentieth year of the said King's reign (which is a praemunire) and otherwise as to the King and his Council, shall seem to be done, without any grace, pardon Pardon. or remission, to be made by the King, without the will and assent of the party that shall prove him to be grieved, and without making to him due satisfaction in this case. 31. E. 3. ca 4. 6. And after in the same year ca 4. It is ordained that if any person of what estate or condition that he be, by any manner attempt, or do any thing against the said ordinances, or any thing comprised in them, the same person shall be brought to answer in the manner as afore is said, and if he be thereof attainted or convict, he shall be put out of the King's protection, and punished after the form of the said statute made the said 27. year of Ed. 3. 7. Afterwards in anno 2. R. 2. ca 3. another statute was made to this effect, videlicet: that none of the King's liege people, nor other person, of what estate or condition soever he be, shall take nor receive within this Realm procuracy letter of attorney nor farm, Farmer. nor other administration by Indenture, nor in any other manner of any person in the world, of any benefice Benefice. within the said realm, but only of the King's liege people of the same realm, without the special grace and express licence Licence. of the King by the advice of his Council, and if any before this time have accepted of any Aliens, Aliens. such procuracies, terms, or administration; that they shall utterly leave them within forty days after publication of this ordinance, and that none of the said liege people nor other that may be found in the said realm shall send by virtue of such procuracy, farm, or administration, gold, silver Gold, Silver. nor other Treasure nor commodity out of the said Realm, by letter of exchange by merchandise, nor in other manner, to the profit of the said Aliens, without like licence Licence. of the King, by the advice of his said Council, and if any do the contrary in any point contained in this ordinance, he shall incur the pain and punishment contained in the statute of provisors made in 27. Ed. 3. by the same process comprised in the said statute, and by warning to be made to them in their benefices or other their possessions within the Realm. 8. After this in anno 12. R. 2. ca 15. another statute was made to this ●ff●●●, that is to say that no liege man of the King of what estate or condition that he be, 〈◊〉 over sea. great or little, shall pass over the sea, nor send out of the Realm of England by licence, nor without licence, without special licence of the King himself to provide or purchase for himself a benefice of holy Church, with cure or without cure in the said Realm, and if any do and by virtue of such provision accept by himself, or by any other, any benefice of the same Realm, that from that time the same provisor shall be out of the King's protection Protection. and the same benefice void, Void. so that it shall be lawful to the patron Patron. of the same benefice aswell spiritual as temporal to present Present. to the same an able Clerk at his pleasure. 9 Moreover in anno 16. R. 2. ca 5. it is ordained by Parliament at the prayer of the commons, Sue. that if any purchase or pursue or cause to be purchased and pursued in the Court of Rome Court of room. or elsewhere, any such translations, processes, and sentences of excommunication, bulls, Bulls. instruments, or any other thing, which touch the King against him, his Crown and regality, or his Realm, and they which bring within the Realm, or them receive, or make thereof notification, or any other execution within the same Realm, or without, that they, their notaries, procurators, Procurators. mainteinors, Mainteinors. abettors, fautors, and Counsellors shall be put out of the King's protection, Protection. and their lands and tenements, goods and chattels forfeit to the King, Forf. and that they be attached by their bodies, if they may be found, and brought before the King and his Council, there to answer to the cases aforesaid, or that process be made against them by praemunire facias, Praemunire facias. in manner as it is ordained in other statutes of provisors and others, which do sue in any other Court in derogation of the regality of our sovereign Lord the King. 10. In anno 2. H. 4. ca 4. it is ordained that aswell they of the order (of Cisteaux) as all other religious or Seculars of what estate soever that they be, which do put any of the pope's bulls Bulls. in execution, or from thenceforth do purchase other such bulls of new, or by colour of the same bulls purchased, do take advantage in any manner, process shall be made against them, and every of them by garnishment of two months by writ of praemunire facias, Praemunire facias. and if they make default or be attainted, Forf. than they shall incur the pains and forfeitures contained in the statute of provisors made in anno 16. R. 2. 11. In anno 7. H. 4. ca 6. it is ordained that no person religious nor secular, of what estate or condition that he be, by colour of any bulls containing privileges to be discharged of dimes pertaining to parish Churches, prebends, hospitals, or vicariges, purchased before the first year of King Richard the second, or after not executed shall put in execution any such bulls so purchased, or any such bulls to be purchased in time to come, and if any such religious Religious. or secular person from thenceforth by colour of such bulls, Disturb. do trouble any persons of holy Church, prebendaries, keepers of hospitals, or vicar's, so that they cannot take nor enjoy the dimes due or appertaining to them of their said benefices, that then such disturber shall incur like process and pain, Pain. as is ordained by the statute made against them of the 〈…〉 of Cisteaux in the second year of the Reign of King Henry the 〈◊〉. 32. H 6. ca 1. in Ireland. 12. Anno 32. H. 6. in Ireland it is ordained and established that all the acts, ordinances and statutes made against provisors aswell in England as in Ireland, be had and kept in force within this land of Ireland, and also if any provisor or provisors do henceforward sue any provision upon any man beneficed in this land of Ireland, and because of the provision, do enter into any benefice or benefices of the Church, and do take any goods or chattels from any beneficer of the church against whom any such provisions are sued, that then the party grieved may recover triple damages, and he that taketh such goods, and thereof is convicted shall pay 20. l. the half to the King and half to him that will sue. 13. Anno 7. Ed. 4. it is ordained and enacted that whatsoever manner man of holy church purchase any manner of dignity, 7. Ed. 4. ca 1. in Ireland. parsonage or vicarage, by Bulls of the pope to hold in commendum, and the said Bulls, dignities, parsonages, or vicarages accept, that they shall be out of the protection of the King and forfeit the value of the said benefices during his life natural, notwithstanding whatsoever his benefice be, dignity, or personage; or vicarage, and shall incur in all penalties of the estatutes or ordinances made against provisors of benefices, and that no pardon or licence of the King made or to be made be available but void, if it be not by Act of Parliament, and if any manner man of the Church occupy now, or hereafter do occupy any personage, or vicarage by way of commendum by the Bull's Apostolic, if it be of his own collation, that he shall make collation thereof within six months, and if he do not that then the deane and chapter of the diocese, in which diocese the benefice is, shall make collation of the said benefice within six months then next ensueing, and if the said Deane and Chapter be negligent and make no collation of the said benefice within six months as before is said, that then it shall be lawful to the King to present to the said benefice for that time, and as often as the cases require, as is aforesaid. 14. Anno 10. H. 7. it is enacted and established that all manner of estatutes aswell made within the Realm of England as within this land of Ireland against provisors by the authority of this present Parliament be authorished, 10. H 7. ca 5. in Ireland. approved and confirmed, and be deemed good and effectual in the Law, and also by the authority aforesaid, that all and every of the statutes made against provisors be from henceforth duly and straightly executed in all points within the said land, according to the effect of the same, and the King's justices, and Commissioners of the said land diligently inquire at their Sessions, and all other times requisite and behooveful, of all and every manner of person or persons that hereafter offend the said statutes, or any of them, and every of the said persons so found defective or trespassing in any of the said statutes, from henceforth be duly corrected and punished in example of all other in time to come, according to the tenor and purport of the statutes made against provisors. 15. Anno 28. H. 8. ca 5. 28. H. 6. ca 5. in Ireland. amongst other things it is ordained and enacted by authority of Parliament, that no person or persons, subjects or resiants of this land shall pursue, commence, use, or execute any manner of provocations, appeals, or other processes to or from the Bishop of Rome, or from the See of Rome, or to or from any other that claim authority by reason of the same for any manner of case, grief, or cause of what nature soever it be, upon the pain that the offenders their aiders, counsellors, and abettors, contrary to this Act, shall incur and run into such pains, forfeitures, and penalties as be specified and contained in the Act of provision and praemunire, made in the Realm of England in the sixteenth year of the Reign of King Richard the second, sometime King of England and Lord of Ireland, against such as procure to the Court of Rome, or elsewhere to the derogation, or contrary to the prerogative or jurisdiction of the said Crown of England, and that no manner of person, subject or resiant within this land shall attempt, procure, or obtain, any manner of process of what kind or nature soever it be, to or from the same Bishop of Rome, or Court of Rome, or See Apostolic, or from any other, having authority by the same, to the let or interruption of this Act, or any thing therein contained, nor in any wise obey or execute within this land such manner of process, upon like pains and forfeitures as been above rehearsed. 16. Anno 2. Eliz ca 1. 2. El. ca 1. in Ireland. It is amongst other things ordained and enacted that if any person or persons dwelling or inhabiting within this Realm, of what estate, dignity or degree soever he or they be, shall by writing, printing, teaching, preaching, express words, deeds or Act, advisedly, maliciously, and directly affirm, hold, stand with, set forth, maintain and defend the authority, pre-eminence, power or jurisdiction, spiritual or ecclesiastical of any foreign prince, prelate, person, state or potentate whatsoever, heretofore claimed, used or usurped within this Realm, or shall advisedly, maliciously & directly put in ure or execute any thing for the extolling & advancement, setting forth, maintenance or defence of any such pretended or usurped jurisdiction, power, pre-eminence or authority, or any part thereof, that then every such person and persons so doing and offending, their abettors, aiders, procurors, and Counsellors, being thereof lawfully convicted and attainted according to the due order and course of the common Laws of this Realm, for his or their first offence shall forfeit and lose all his and their goods and chattels aswell real as personal, and if any such person so convicted or attainted shall not have or be worth of his own proper goods and chattels to the value of twenty pounds at the time of such his conviction or attainder, that then every such person so convicted and attainted over and beside the forfeiture of all his said goods and chattels shall have and suffer imprisonment by the space of one whole year without bail or mainprize, and that also all and every the benefices, prebends, and other Ecclesiastical promotions and dignities whatsoever of every spiritual person so offending and being attainted, shall immediately after such attainder be utterly void to all intents and purposes, as though the incumbent thereof were dead, and that the patron and donor of every such benefice, prebend, spiritual promotion and dignity, shall and may lawfully present to the same or give the same in such manner and form, as if the said incumbent were dead; and if any such offendor or offenders after such conviction or attainder do eftsoons commit or do the said offences, or any of them in manner and form aforesaid, and be thereof duly convicted and attainted, as is aforesaid, and then every such offendor or offenders shall for the same second offence incur into the dangers, penalties, and forfeitures, ordained and provided by the statute of provision and praemunire made within the Realm of England in the sixteenth year of the Reign of King Richard the second, provided always that no manner of person or persons shall be molested or impeached for any of the offences aforesaid, committed or perpetrated only by preaching, teaching or words, unless he or they be thereof lawfully indicted within the space of one half year next after his or their offences so committed, and in case any person or persons shall fortune to be imprisoned for any of the said offences committed, by preaching, teaching or words only, and be not thereof indicted within the space of one half year next after his or their such offence so committed and done, that then the said person so imprisoned, shall be set at liberty and be no longer detained prisoner for any such cause or offence, provided always and be it enacted by the authority aforesaid, that this Act or any thing therein contained, shall not in any wise extend to repeal any clause, matter or sentence contained or specified in an Act of repeal made in the third and fourth years of the Reigns of King Philip and Queen Mary, as doth in any wise touch or concern any matter in case of praemunire, or doth make or ordain any matter or cause to be within the case of praemunire, but that the same for so much only as toucheth and concerneth any case or matter of praemunire, shall stand and remain in full force and effect as the fame was before the making of this Act contained to the contrary in any wise notwithstanding. And if it shall happen that any peer of this Realm shall fortune to be indicted of and for any offence that is revived or made praemunire or Treason by this Act, that then the same peer or pears so being indicted, shall be put to answer to every such indictment before such peer of this Realm, of English blood, as by the Lord Deputy or governor's of this Realm shall be by Commission appointed under the great seal, and to have his and their trial by this and their peers, and to receive and have such like judgement upon the same trial of his or their peers, or making open confession of the same offence or offences, as in other cases of Treason and praemunire hath been used. And it is further enacted that no person or persons shall be indicted or arraigned for any the offences made, ordained, revived and adjudged by the said Act, unless there be two sufficient witnesses or more, to testify and declare the said offences, whereof he should be indicted and arraigned, and that the said witnesses or so many of them as shall be living and within this Realm at the time of arraignment of such person so indicted, shall be brought forth face to face before the party so arraigned, and there shall testify and declare what they can say against the party so arraigned, if he require the same, provided that if any person or persons shall hereafter happen to give any relief, aid or comfort or in any wise be aiding, helping or comforting to the person or persons of any that shall happen to be an offendor in any matter of case of praemunire, or Treason, revived or made by this Act, that then such relief, aid, or comfort, given shall not be judged or taken to be any offence unless there be two sufficient witnesses at the least that can and will openly testify and declare that the person or persons that so gave such relief, aid, or comfort, had notice and knowledge of such offence committed and done by the said offendor at the time of such relief, aid, or comfort, so to be given or ministered. 17. And now I have set forth the statutes of praemunire: I will here also set forth some few book cases and resolutions, for the better explanation of those concurrent statutes. 18. In 44. E. 3. a praemunire was brought against divers, 44. E. 3. fo. 7. Br. praemunire 4. 8. H. 4. fo. 6. Br. praemunire 6. some as principals, and some as accessaries, the principals made default and the accessaries appeared and demanded judgement, if they should be put to answer before the principals were attainted, and it was adjudged that they should answer, for in a Praemunire all are principals, and there be no Accessaries. 19 If a man lease his vicarige for years or life paying rend, 44. E. 3. fo. 36. Br. praemunirc 5. and sue in the Ecclesiastical Court for the recovery of this rent, he is in case of a Praemunire: for the rend reserved is a lay thing, and not Ecclesiastical. 20. 9 E. 4. fo. 3. Br. praemunire 9 In a Praemunire in the King's Bench the opinion was that if a Clerk sue another man in curia Romana, for a thing spiritual, where he may have remedy within this Realm in the Court of the Ordinary, that he is in case of a Praemunire, quia trahit in placitum extra regnum. 21. 5. E. 4. fo. f. Note that the words of the statute are in curia Romana vel alibi, which is intended in Curia Episcopi, and therefore if a man be excommunicate or prosecuted in the spiritual Court for a thing which appertains to the common Law, he that prosecuteth such sui● is in case of a Praemunire. 22. A prohibition lieth often where a Praemunire lieth not, Br. praemunire 16. as of T●th●s of great Trees, or for Tithes of the seventh part a prohibition lieth, and not a Praemunire, for the nature of the action belongeth to the spiritual Court, but not the cause in this form, but where it is of a lay thing or of a thing which never appertained to the spiritual Court, of that a Praemunire lieth as of debt, against Executors upon a simple contract, or pro lesione fidei, upon a promise to pay Ten pounds by such a day, Doct. & Student. lib. 2. ca 24. 2. R. 3. fo. 17. Br. praemunire 19 23. If Executors sue for the goods of their Testator in the spiritual Court, they are in case of a Praemunire, for in 34. H. 8. Richard Farmer was attainted in a Praemunire, and forfeited his Fee simple land for ever, for suing for the goods of his Testator in the spiritual Court. 24. There be some opinions in 8. ass, that a benefice donative by the patron only is a lay thing, 8. Ass pl 29. and the Bishop shall not visit nor deprive, and therefore if he meddle with it in that kind, he is in the case of a Praemunire, and in that case was Barloe Bishop of Bath in the time of King Edward the sixth, and was constrained to obtain a pardon, because he had deprived the Dean of Wells which was a Donative by the King's letters patents. 25. I have been more large in this Title, because many men of great quality and good understanding in Ireland are very confident that the papal jurisdiction never received any check or opposition in England or Ireland before the time of King Henry the Eight, and therefore to make it to appear to all men that will but open their Eyes to see the truth, I have set down the said ancient statutes, and book cases, whereby it plainly appeareth that in the very height of popery, when prince and people, Laity and Clergy were of the pope's religion, yet in all ages of those very times the papal jurisdiction was mainly opposed and utterly rejected, and great and grievous penalties, videlicet: loss of lands and goods and perpetual imprisonment was inflicted upon all such as should uphold or any wise maintain that papal jurisdiction within these Kingdoms of England and Ireland. Purveyors. CHAP. 49. 1. FOr the reformation of abuses & oppressions committed by Purveyors, divers good Laws and statutes have been made in England, which are of force in Ireland, and because that the justices of peace are enabled to put many of those statutes in execution in part or in the whole, I shall here express the effect of so many of them as I conceive the Iu. of P. have to do withal, which are these following, 28. E. 1. articuli super cart c. 2. Without warrant. vide the statute of 28. Ed. 1. articul. super cart. cap. 2. It is enacted amongst other things, that if any make take without warrant, and carry them away against the will of the owner, he shall be immediately arrested by the Town where the taking was made, and shall be sent to the next gaol, and if he be attainted thereupon, it shall be done of him as of a Thief, Felony. if the quantity of the goods will warrant it. 2. Also it is enacted in anno 5. E. 3. ca 2. 5. E 3. ca 2. that the take and purveyances for the houses of the King, the Queen, and their children be made by praisements to be made by the Constables Constable. and other discreet men of the Towns, where there shall be such take and purveyances, thereto sworn, and without menace, Oath. as in the statutes of 28. E. 1. aforesaid, and 4. E. 3. ca 3. is contained, and that betwixt the purveyors, and them whose goods shall be taken, there be in the presence of the Constables and praisers, Talls Talls. made and sealed with the purveyors seals, by which talls, satisfaction shall be made to them, from whom such goods shall be taken, and if any taker or purveyor for the said houses, do take in any other manner, he shall be incontinently arrested Arrest. by the Town where such taking was made, and brought to the next gaol, Impris. Felony. and if he be thereof attainted it shall be done of him as of a Thief, if the quantity of the goods the fame require. 5. E. 3. cap. 2. 3. 14. E. 3. ca 19 The purveyances which shall be made for the King's houses and the Queens, where they do abide and pass through the country, shall be made by warrant, Warrant. and power given to them, which shall make the purveyances, in which shall be expressly contained, that they shall take nor buy nothing, unless it be by promise made betwixt the buyer and the seller, and by the agreement of the sellers, and if any will any thing take by colour of his Commission against this ordinance, none shall be bound to obey him no more than if he had no commission, and of that which shall be so bought and purveyed, payment Payment. shall be made to the seller before that the King pass out of the verge, Verge. and of great purveyances to be made, as of flesh, fish and other victuals, for the King's wars, Wars. and for to victual Castles, and towns of Scotland and England, Merchants. and other places, certain Merchants and other good people shall be deputed by the Treasurer Treasurer. to make the said purveyances without Commissions, Commission. and without the Kings or others power, so that the people nor none of them be put to sell any thing against their will, and that no Commission be made to the keepers of the King's horses, but be it only commanded to the Sheriff, Sheriff. that he make purveyance by him and by his of the issues of his bailiwicke, and the number of the horses, Horses. for which he shall make such purveyance, shall be contained in the said commandment, and that no purveyance be made over this number, saving that the chief keeper have an Hackney, and that he take good heed, Overcharge. that the country be not charged of more than shall keep the horses, but for every horse a boy, without bringing women, pages, or dogs with them, and if more be found abiding in charge of the country, they shall be brought to the prison, Imprison. there to remain till the King hath sent his will; and in the same manner be it commanded to the Sheriffs Sheriff. that they make their purveyances for Dogs. the King's dogs of the issues of their Bailiwickes' where they dwell, and that such purveyances be made by none other, but by the Sheriffs, and be it contained in his commandments the number of the dogs, for which he shall make purveyance over which number no purveyance shall be made, so that they live of their certain, without charging the country, and if any find himself grieved against this ordinance, he shall have his recovery against the Sheriff of such grievances done to him. Anno 14. E. 3. cap. 19 25. E. 3. ca 1. 4. Also by another statute made in anno 25. E. 3. ca 1. it is ordained that forasmuch as outrageous damage hath been done to the people by the Purveyors of victuals for the houses of the King, the Queen, and their Children, it is, etc. that the takers of Corn Corne. for the said houses, shall take the same by measure Measure. striked, according as is used throughout the land, and that such Corn, hay, Hay. litture, bestaile and other victuals Victuals. and things which shall be taken for the said houses, shall be praised by the very value, by the Constable Constable. and other good people of the Town where such taking shall be made, without that the praisers by menaces or dures shall be driven to set any other price then their oath Oath. will, and as it commonly runneth in the next markets, and that betwixt the Purveyors and them whose goods shall be taken, in the presence of the Constables and praisers, Talls Talls. be made incontinently, without that the people whose the goods shall be, be drawn or travailed elsewhere, and the same talls be sealed with the seals of the takers of the things so taken, by which talls satisfaction shall be made to them, whose goods shall be so taken, and if any Purveyor or taker for the said houses do in any other manner, he shall be immediately arrested by the Town where the taking shall be made, Impris. and brought to the next gaol, and if he be thereof attainted, Felony. it shall be done of him as of a Thief if the quantity of the goods the same require, according as in a statute made in the time of the said King in the fifth year of his reign, and in another made in the time of the said King's Grandfather upon such take is contained at the full, and from thenceforth in the Commissions Commissions of such takers and Purveyors the intent and pain limited in this statute shall be contained, and that no Commission be made but only under the King's great seal, Great seal. or privy seal, Privy seal. nor no man be bound to obey any such Commissions, in other manner than is aforesaid, and that the same statutes take place in all points against every taker and Purveyor of every manner of victual in every part of the realm of what condition soever he be. Anno 25. Ed. 3. cap. 1. 25. E. 3. ca 15. 5. And likewise by another statute made in anno 25. E. 3. ca 15. it is ordained that forasmuch as the takers and buyers of the Kings take do take sheep, Sheep. between Easter and Saint john Baptist with their wools, and praise the same at a small price, and after send them to their own houses, Shorne sheep. and cause them to be shorn to their own profits, no such Taker, Purveyor, nor buyer shall take any sheep before the time of shearing, but only so many as may reasonably suffice till the time of shearing, and after that time they shall take as many sheep shorn, (and none other) as may reasonably suffice them for the time to come, and if any Taker, Purveyor or buyer of the realm do against the same, and be thereof attainted at the suit of the King, Felony. or of the party, it shall be done of him as of a Thief or a robber, and the pain shall be contained in every Commission of such purveyors. 25. E. 3. cap. 15. 6. By another statute made in 34. E. 3. ca 3. 34. E. 3. ca 3. it is enacted that of purveyances made to the use of the Queen, and the Prince, of Poultry Poultry. and of other small things, payment Payment. shall be made in hand upon the taking, and of other great purveyances, within the month or six weeks Six weeks. in the Countries where they shall be taken, and that the number of such Purveyors be abridged in as much as conveniently may be, for the aid and quietness of the common people. Anno 34. Ed. 3. ca 3. 7. Likewise in Anno 36. E. 3. 36. E. 3. ca 2. upon grievous complaint against purveyors, the King of his own will, without motion hath ordained that from thenceforth no man of his realm shall have any taking, but only himself and the Queen his companion, and moreover it is ordained and established that upon such purveyances from thenceforth to be made for the houses of the King and of the Queen, ready payment Ready payment. shall be made in hand, that is to say at the price as such victuals be sold commonly in the markets thereabout, and that the heinous name of purveyor be changed and named buyer, and if the buyer cannot well agree with the seller for that that he shall need, than the take which shall be made for the said houses, shall be made by the view, testimony, Victuals. View. and apprisement of the Lords or their Bailiffs, Bailiffs. Constables, Constables. and four good men of every Town, Four townsmen. and that by Indenture Indenture. to be made betwixt the buyers and the said Lords, Lords. or Bailiffs, Constables, and four men containing the quantity of their taking, and of the price, and of what persons, and that the praisements be made in conveneable and easy manner without dures, compulsion, menace, or other villainy, and that the take and buy be made in such places where greatest plenty is, & that in a conveneable time, and that no more be taken then shall be needful in the season for the said two houses, and that the number of the buyers be minished in as much as well may, and that such be buyers, which be sufficient Sufficient. to answer to the King and his people, and that none of them have Deputy, and that the Commissions Commissions. be sealed with the great seal Great seal. and every half year returned in the Chancery, Chancery. and other newly made, and that in the said Commissions be comprised all the matter and manner of their take and buy, and then all the former Commissions of purveyors be wholly repealed, and that no man be bound to obey the buyers of other Lords against their agreement and will, nor to the buyers of the said houses, unless they make ready payment Ready payment. in hand, as before is said, and that no man be put in contempt because of disobedience made in this behalf, and that the take of all manner of Corn, Corne. and malt, Malt. for the said two houses be measured by measure, Measure. according to the standard stricken, and not by heap, and for the carriages of the said Corn and malt, and for all manner of take and buy to be made for the said two houses ready payment Ready payment. to be made in hand in the same manner, as for the take and buy aforesaid, and that there be no more carriage taken then needeth and shall be necessary in this behalf, and if any buyer after the new Commissions made, make any take or buy, or taking of carriage in other manner than is comprised in his said Commission he shall have punishment of life and of member, Life and member. as in other statute is ordained of purveyors, Anno 36. Ed. 3. cap. 2. Extortion. Reward. 8. No buyers of victuals, nor takers of carriages, take nor receive of any one or other any gift or other good turn, for sparings to be made, nor shall not charge, nor grieve any man by occasion of such take, Malice. buying and such carriages, for hatred, envy, evil will, or procurement, and if he do and be thereof attainted at the suit of the party, Damages. he shall yield to the party his triple damage, and shall have imprisonment of two years, Impris. and also be ransomed at the Kings will, and after foresweare the Court, and if the party will not sue, he that will sue for the King, shall have the third penny of that that shall be recovered for his labour, and nevertheless the buyer and taker shall have the pain as before is said in the same article super cart. and that every buyer upon his account shall declare and divide severally all the take and buy of every County, Account. Town, village, and person, Anno 36. Ed. 3. cap. 3. 9 No man of the said two houses (videlicet, the King's house and the Queen's house) hold more horses in the livery, 36. E. 3. ca 5. Horses. where these houses shall be, then is ordained by the statute of the King's house, and if any do otherwise, then of the horses found over the number limited to him by the statute it shall be done as the said statute will, and that no man of the said two houses of what estate or condition, that he be, have purveyor or foregoer, to make any purveyance or take, but that they or their people buy that, that them needeth, of them that will sell the same of their good agreement, and pay readily in hand, according as they may agree with the fellers, and if they do otherwise, such punishment shall be made upon them as afore is said of buyers, and that hunters, Hunters. faulconer's, Falconers. sergeants at arms, Sergeants of arms. and all other which be at wages or pertaining to the said two houses, shall have the same penance if they do against the same, Anno 36. E. 3. cap. 5. Lord. ●6. E. 3. ca 6. 10. Item, that no Lord not none other of the said Realm of what estate or condition soever he be, except the King and the Queen shall make any taking by him or any of his servants in any manner of his victuals, Victuals. but shall buy that which they shall need, of such as will sell the same of their good will, and for the same shall make ready payment Ready payment. in hand, according as they may agree with the seller, and if the people of Lords, or of other do in other manner, and thereof be attainted, there shall be done of them such punishment of life and member, Life and member. as is ordained of buyers, Anno 36. Ed. 3. cap. 6. 11. 7. R. 2. ca 8. The statutes of purveyors made before this time be firmly holden and kept and put in due execution joining to the same, that if the servants of other Lords and Ladies, Servants. which be not comprised in the said statutes, do from thenceforth take within any part of this Realm victuals or carriages, Victuals. Carriage. to the use of their Lords and Ladies, otherwise than they therefore may agree with the owners and sellers of the same, by payment thereof to be made readily in hand, that the same servants shall incur the pain comprised in the said statutes of Purveyors, and nevertheless the party endamaged by such servants, if he will may have his suit at the common Law, Anno. 7. R. 2. cap. 8. 12. In the 20. year of H. 6. 20. H. 6. ca 8. it is ordained that the statutes before time made of Purveyors and buyers, shall be holden and kept, and put in due execution, and in case that any Purveyor, buyer, or taker, will take and make purveyance, or buy any thing to the value of 40. s. or under, of any person, and make not ready payment in hand, 40. s. ready payment. that then it shall be lawful to every of the King's liege people, to retain their goods and chattels, and to resist such Purveyors and buyers, Resist. and in no manner wise suffer them to make any such Purveyances, buy, or take, and for the peace better to be kept, that every Constable, Constable. Tithingman, Tithingman. or chief pledge of every Town or hamlet, where such purveyances or take shall be made, shall be aiding or assisting to the owner or seller of such things to be against the form of this ordinance, to make resistance in the form aforesaid, in case that such Constables, Tithingman, or chief pledge be required that to do, upon pain to yield to the party so grieved the value of the things so taken with his double damages, and that none of the King's liege people be put to loss or damage by the King or any officer for such resistance, and that none of the King's officers shall do to be arrested, vexed or impleaded in the Court of the marshalsea or elsewhere, any of the King's liege people for such withholding or not suffering to be done upon pain to lose twenty pounds, Forf. Moiety. the one moiety of that to the King, and the other moiety to him which will in such case sue, and that the justices of peace justice of peace. in every County shall have power by authority of this ordinance to inquire, hear, and determine, Oyer and Ter. aswell at the suit of the King as of him that will sue, of any thing done against this ordinance and thereof to make due punishment and execution, and to award damages Damages. to the party plaintiff, when any defendant is thereof duly convict, and that in every Action to be taken upon this ordinance every party defendant shall be put to answer to that without aid of the King, and in such Actions to be taken, No aid Process. process shall be made, as in a writ of Trespass done against the peace, and that in every Commission Commission. of Purveyors, takers, or buyers, to be made this ordinance shall be contained and expressed, and moreover that this ordinance among other statutes of Purveyors, buyers, or takers, before this time made, shall be sent to the Sheriffs Sheriff. of every County to proclaim and deliver the said statutes and ordinances in the manner and form contained in the statute of purveyors and buyers, made in the first year of the Reign of the said King. H. 6. And moreover the King will and commandeth that the statute made the six and thirtieth of King Edward late King of England after the conquest touching Purveyors of other persons then of the King, shall be put in due execution, Anno 20. H. 6. cap. 8. 13. In anno 23. H. 6. ca 2. 23. H. 6. ca 2. it is ordained that the said statutes of an. 36. E. 3. from thenceforth should be duly kept and put in due execution, and moreover that every purveyor and buyer, before that he shall have any Commission shall be sworn Sworn. in the Chancery, Chancery. that he shall take nothing of the people contrary to the said ordinances, and moreover forasmuch as the poor people be not of power, nor dare make resistance against the purveyors and buyers, nor sue them by the law, though that they do contrary to the said statutes, It is ordained by the same authority that the praisers, and also all the Town and towns Towns. adjoining, if need be, shall be bound to do their devour and power to resist Resist. the buyers and purveyors doing contrary to the said statutes, and as much as in them is to execute the said statutes upon the said Purveyors, if they be required, and that he which is grieved of his goods taken contrary to the said statutes and ordinances, may choose to have either an Action of debt Action of debt. against the said preisers, Town, or Towns, and every of them which do not their devour in resistance of the said Purveyors, or buyers, in the form aforesaid, when they shall be required or else against the said Purveyors, 3. Value. 3. Damages. or buyers, and every of them, to recover the triple value of his goods so taken, and moreover his triple costs and damages, and if any purveyor and other the King's officer do trouble or vex any of the King's liege people in the marshalsea or elsewhere, by any evil suggestion or cause feigned, imagined, or coloured upon them, because of the execution of the said ordinances, he shall incur the pain of Twenty pound, Forf. to be paid to the party grieved over his damages and costs in that behalf sustained, and that he thereupon shall have a writ of debt, Writ of debt. and that every issue Issue. triable in this action shall be tried in the county County. where the taking of the said goods was made, and that the defendants in the said causes shall not be admitted to wage their law, and shall be put to answer without forcing, and no e●●oyne ●ide of the King nor protection shall be to them allowed, and that the Sergeant of the Caterie S●●●eant of Coterie. shall satisfy all the damages, debts and executions which shall be recovered against every Purveyor and buyer, underneath him in all the cases aforesaid, in case that the Purveyor or buyer be not sufficient to satisfy, and the party complainant shall have a scire facias Scire facias. to have execution against the said Sergeants in the case, and that these statutes and ordinances shall be sent to the justices of the peace in every County to proclaim them every year, and thereof to inform the people. Iust. of P. Proclamation. Anno 23. Hen. 6. cap. 2. 14. If any buyer or other officer of any Lord Lord. or person, 23. H. 6. ca 14. of what estate, degree, or condition that he be, presume upon him to take, or otherwise do take any victuals, Victuals. Corn, Corne. or hay, Hay. carriages, Carriage. or any other thing whatsoever, of any of the King's liege people, in any wise against their will without lawful bargain betwixt the said buyers, or officers, and the said liege people thereof to be made, to the use of the said Lords for their houses, but all only for the King and the Queen and their houses, that then if notice or request be made to the Mayor, Maior. Sheriff, Sheriff. Bailiff, Bailiff. Constable, Constable. Officers, or other of the King's ministers, of Cities and Borroughes or other Counties or places, where such taking shall happen to be, that the said Mayor, Sheriff, Constable, Officer, and Minister, to whom such notice or request shall be made, by and by shall take and arrest all such buyers and officers so doing or offending, Arrests. Impris. Mainprize. and them shall send to the King's next prison there to remain and not to be let to bail nor maineprise till the time that they have restored all the said victuals, carriages, and other things so taken, or the very value of the fame, and if the said Mayor, Maior. Sheriffs, Sheriff. Bailiffs, Bailiff. Constables, Constable. and Officers aforesaid do contrary to this, that then they shall forfeit twenty pound, whereof the King shall have the half, Forf. Moiety. and the party from whom such things be taken the other half, if he will sue, by an Action of debt, Action of debt. in the which the defendant shall not do his Law, and if he will not sue, whosoever will sue for the King and himself, shall have the suit to recover to himself the one half thereof and the King the other half, and if any of the said buyers other then of the King and the Queen, be duly convict Convict. of such unlawful taking (as afore is recited) at the suit of such parties as shall be against them in this behalf, that then they shall yield to the party which so sueth the triple value of the victuals or other thing so taken, and the double costs of their suits, 3. Value. 2. Costs. and for the said trespasses to make fine Fine. and ransom to the King, and that in all such Actions or suits aforesaid the King's protection shall not be allowed nor available for the defendant, provided always, that by this Act the punishment ordained against the King's Purveyors in no wise shall be restrained, Anno 23. H. 6. cap. 14. 15. And lastly by a statute made in Ireland in anno 18. H. 6. It is enacted that from thenceforth no Purveyor, Harbinger, nor Aveyner, be within the said land, but that the Iust. of the said land of Ireland that then was, and the Lieutenants, justices, or Governors that for the time should be, should pay or agree with them from whom any goods should be taken by their Achators, and if the said Lieutenant's, justices, or Governors by their Achators do not in the order aforesaid, it should be lawful to him whose the goods are to make resistance to such Achators or officers without offence or impeachment of the King. And it was also agreed and established that all the statutes in this behalf made within the Realm of England be holden and kept in all points and put in execution in this land. 16. These statutes I have rehearsed the more at large to the end that it may thereby appear what grievous oppressions have been committed in times passed by Purveyors, and that every man may understand the ease and benefit which the subjects of Ireland enjoy by the royal composition heretofore made and established and now continued in this kingdom. Riots, Routs and unlawful assemblies. CHAP. 50. 1. ANy one justice of peace alone may use all good means to prevent a Riot or Rout before it be done, Lamb. 184. 34. Ed. 3. 1. P. Iust. 18. Dalton pa. 97. and for to stay it whilst it is in doing, and in the doing may take and imprison the Riotters, and bind them to their good behaviour, but being once done and committed, one justice of peace can neither record the Riot, nor make enquiry thereof, 14. H. 7. 8. 9 nor assess any fine, nor award any process, nor otherwise meddle to punish it, Dalton pa. 97. (in the nature of a Riot, or Rout) but only as a Trespass against the peace, or upon the statutes of Northhampton, or of forceible entries. 2. And yet if one justice of peace sitting in a judicial place (as in the Sessions) shall see a Riot, Cromp. 65. he may command them to be arrested, and may make a record thereof, and the offenders shall be concluded thereby, but if one justice of peace shall see a Riot in another place and shall command them to be arrested, and shall make a record thereof, the offenders shall not be concluded thereby, but may traverse it. 3. If a justice of peace will commit a man to ward, pretending untruly that he did a Riot, Br. judges 2. & 10. 9 H 6. ●0. 9 Ed. 4. 3. where he did none, the party may not have an action of trespass upon the case against him, for an action will not lie against a justice or judge of Record in a thing that he doth as judge by the opinions in 9 H. 6. 60. & 9 E. 4. 3. but if this be done of malice or corruption he shall be punished for it in the Star-chamber. 4. Every justice of peace (being of, and in the County, and having notice of any Riot, Dyer. 210. Rout, or unlawful assembly) ought to have a care of the execution of the statute made 13. H. 4. cap. 7. 13. H. 4. 7. viz. that the Riotters, etc. be arrested and removed, for if the statute be not executed by some of the justices, the two next justices of peace shall forfeit each of them 100 l. and every other justice of peace within that County in whom there shall be any default, shall be fined in the Starchamber. 5. And therefore every Iu. of P. of the County, 14. H. 7. 9 hearing of any Riot, or of any Intention of a Riot, (without making any precept or tarrying for his fellow justice) shall do well to go himself, (if he be able) with his servants or other power of the County, if need be, to the place where such persons be so assembled, and to suppress them, and all such as he shall find riotously assembled (and armed) to arrest them, and to force them to put in surety for the peace, or for their good behaviour, and for refusing to give such surety, or in default of surety to imprison them; Also he may take away their weapons and armour, and seize and prize them for the King. 6. 14. H. 7. 10. Br. peace 7. And if the Iu. of P. (being come to the place) shall not find the Riotters, yet come thither, he may leave his servants there, to restrain them in their said enterprise, or else to arrest such offenders when they shall come, if they shall offer to commit any Riot, or to break the peace. 7. So if the Iu. be sick, and shall hear of a Riot, he may send his servants (or other power of the County, if need be, as it seemeth) to the place to repress it, or to arrest such offenders, and to bring them before him, to find sureties for the peace, and all this he may do, 14. H. 7. 10. Br. peace 17. and command by word of mouth, without any warrant in writing, and without expecting the coming of any his fellow justices, or of the Sheriff or undersheriff. 8. Also any one justice of peace (by the first Assignavimus in the Commission) may cause to be kept and put in execution all other statutes made for the repressing of Riots, force and violence, Dalton pa. 9●. but therein he must deal only according to the form and order in such statutes prescribed. 9 13. H. 4. ca 7. P. 1. 5. Two justices. But the ordinary power of punishing of Riots belongeth unto two Iu. of P. at the least, and therefore the two next justices of peace which dwell nearest in the County where any Riot, assembly or Rout of people shall be against the law (together with the Sheriff or undersheriff of the County upon complaint or other notice of the Riot,) shall do execution of the statute 13. H. 4. 7. videlicet, Dyer. 210. of all and every part thereof respectively, as to them is appointed; Every one of them upon pain of 100.l. and in default of the two next justices, the other justices of peace of and within the County (upon notice of such riot) ought to do execution thereof, Cromp. 63. every one upon danger to be fined in the Starchamber, but the penalty of 100 l. is only to be levied upon the two next justices. 10. And if the Riot, Dalton 9●. etc. be great and notorious whereof by common Intendment every person may take knowledge, it is not safe for the justice or Sheriff, etc. to expect and stay till complaint thereof shall be made to them, or that they shall have information or notice given them thereof, lest they incur thereby the said penalty of 100.l. a piece. 11. If any other of the justices of peace of the County, P. R. ●0. besides those two which are next shall execute this statute, Dalton 98. that shall excuse the two next justices, for that the statute giveth power herein to all justices. Dalton 98. 12. If one, or the two next justices shall come, and not the Sheriff or undersheriff, such justices as do come shall be excused of the forfeiture of 100.l. but though the said justices shall be excused of the said forfeiture, yet if there cometh but one justice of peace, he ought to arrest the Riotters, and to remove the force, and commit the riotters, otherwise he is fineable, etc. 13. And if there shall be two justices present, and neither the Sheriff nor undersheriff, Dalton pag. 98. & 99 yet those two justices are fineable, if they shall not do all that, which (without the Sheriff or undersheriff) they are authorised to do by the said statute. Dalton pa. 99 14. But no justice of peace that dwelleth in another County is bound (upon the said penalty of 100.l.) to execute the said statute of 13. H. 4. although he dwelleth next to the place where the Riot is, and although he be in the Commission of the peace for the County where the riot is, as it seemeth, for the words of the statute are, the justices which dwell nearest in every County where such Riot shall be, and not which dwell near to the place where the riot shall be, and yet it seemeth safe that such justice dwelling out of the County upon notice of such riot, do come into the County, and do his endeavour to suppress the same riot, and to execute the statute, for that he is one of the justices of the County. 15. If the Sheriff or undersheriff do not come, the justices ought to send for them, as Master Marrow thinketh. 16. And some seem to be of opinion, that if the Sheriff or undersheriff shall not come to the justices, P. R. 30. being sent for to assist them, that then all the justices of peace dwelling near or remote shall be excused of the same penalty of 100.l. or of any other penalty or fine, for that the said statute doth give the Sheriff or undersheriff equal authority, and as it were join him in Commission in the copulative with the justices of peace, Cromp. 63. Dalton pa. 99 but others seem to be of another opinion, videlicet. that if the Sheriff or undersheriff shall not come, yet the justices of peace shall be fined if they come not and arrest the riotters, and do not moreover proceed to do therein all that which (without the Sheriff or undersheriff) they are any ways authorised to perform. 17. Now what the justices of peace may or aught to do therein, by force of this statute 13. H. 4. 7. without, or in the absence of the Sheriff and undersheriff is worthy consideration, as being needful for the justices of peace to know, and safe for them to perform, aswell for the speedy preventing of such present mischiefs as may happen to the common wealth by such dangerous assemblies, as also for their saving of the penalty of the Law, otherwise like to lie upon them. 18. Dalton pa. 99 But herein others (of good judgement and experience) that have written thereof, have both seemed to doubt, and written sparingly thereof, notwithstanding I shall not spare to deliver mine opinion and leave it to the further consideration of others of better judgement. 19 As I conceive there is no doubt, but that the justices of peace (without the Sheriff or undersheriff) upon all riots, may and ought first to go to the place, and such riotters as they shall see or find riotously assembled, they may and aught to arrest and to take away their armour and weapons, and to remove the riotters, and may cause them to find sureties for the peace, or good behaviour, and for want of such sureties may commit them to the gaol, all which any one justice of peace may do. 20. Also two justices of peace, after the riot committed, P. Riots 4. Cromp. 6. 7. b. without the Sheriff or undersheriff, as I conceive, may and aught to inquire of the riot, and if upon such inquiry the riot be found, the justices may fine and imprison the offenders. 21. But two justices of peace, as I conceive, seeing a riot, may not record the same upon their own view, without the Sheriff or undersheriff, and thereupon, without any inquiry, fine them for the same, and commit them to prison till they have paid their said fyne, for by the statute the Sheriff or undersheriff are associated to the justices of peace, and have equal and joint authority with them therein, and then consequently the justices of peace alone upon their own view, without inquiry, can neither fyne them, nor imprison them for their fyne. 14. H. 7. 9 b. See Co. 10. 103. b. such a matter. M. Lamb. thinketh it to be the stat. 34. Ed. 3. 1. that Fineux meant, rather than the statute of 13. H. 4. 21. H. 6. fo. 5● 22. Yet Fineux chief justice, saith that this statute of 13. H. 4. was made for the common profit of the Realm, and for a hasty remedy, and to avoid a present mischief like to happen, and therefore shall be construed largely for the common good, and in furtherance and advancement of expedition of justice. 23. Also we see that any one justice of peace may do all these things in case of a forceible Entry, for any one Iu. of peace may come with the power of the County, if need be, and may arrest the offenders, and may record the force by him viewed, and this record shall be a sufficient conviction, so that he may commit the offenders to the gaol, and may fine them. 24. Also by some good authorities, Fitz. Iust. 9 14. H. 7. 8. Cromp. 65. 196. if two justices of peace (without the Sheriff) shall fee a Riot they may arrest them, and make a record thereof, and the offenders shall be concluded by such record, for that the view of the riot is not to be traversed. 25. Also the statute 34. E. 3. ca 1. Rast. Iust. 3. seemeth to enable two justices of P. to imprison Riotters, and that without inquiry, and then consequently, it seemeth they are to make a record of the Riot. 26. But as I conceive none of those authorities will warrant two Iu. of P. upon the statute of 13. H. 4. ca 7. 13. H. 4. ca 7● upon their view alone without the Sheriff to impose a fine upon the Riotters, and to record the same. 27. And now to the particulars of that which the two next justices of peace with the Sheriff or undersheriff must do in execution of this statute of 13. H. 4. 7. Every one upon pain of 100.l. 13. H. 4. 7. P. 1. 2. 28. First, they shall go to the place in person, if they be able, where the Riot, etc. shall be. 29. And they shall take the power of the County (if need be) sc. they shall have the aid of the Knights and other temporal persons under that degree, that be above the age of fifteen years, and be able to travel, 2. H. 5. 8. P. 12. for all the King's subjects that are in the County where a Riot, etc. shall be, being able to travel must be aiding and assistant to the Iust. of peace, Sheriff, or undersheriff (or other Commissioners when they shall be reasonably warned,) to ride or go, with the said justices, etc. Sheriff, etc. in aid to resist such Riots, etc. upon pain of Imprisonment, and to make fine and ransom to the King, which ransom shall be triple so much at the least as the fine, Dyer 232. 30. But it is referred to the discretion of these two justices, how many or few they will have to attend them in this business, Cromp. 64. and in what sort they shall be armed, weaponed or otherwise furnished for it. 31. Nevertheless, it is not good for the justices to assemble the power of the County, Cromp. 64. Posse Comitatus. without certain Information or knowledge of such riotous assembly, yet if upon false information of a Riot, to be at such a place, the justices shall cause the power of the County to be assembled, the justices shall be excused by reason of the information; and if without information, the justices shall think that such a riotous assembly is made in such a place, and shall assemble the power of the County to go thither to arrest the Rioters, and when they come to the place they find a Riot there indeed, they must arrest and imprison the offenders, and shall be excused of the assembly made by them, but if they shall find no Riot there, then shall they be punished for making such an assembly of their own heads without an information and without any cause. Arrest. Dalton 101. 32. All such offenders as they shall find there present, they shall arrest or cause to be arrested, and shall remove the force, sc. shall commit to prison all the Rioters, and take away their weapons. 33. Also it seemeth, that all such as came in the company with such rioters, or in the company of any of them, if that the justices shall find them there present (though they do nothing, Dalton 101. and though they came without any intent of their parts to commit any Riot, yet they shall be arrested, imprisoned, and fined, fee to this purpose in the title forceible entry. Mar. Lect. 8. Cromp. ●3. 34. Also all such rioters, as the justices shall meet in their way (riotously arrayed, and coming from the place) they may arrest and imprison them, for that they found them unlawfully assembled, Dalton 102. but they cannot record any riot by them done, for that they saw it not, yet they must afterward (as it seemeth) inquire thereof by a jury, that so the offenders may be fined, etc. 35. But if the justices do come and see the riot committed and after the said riotters shall escape from the justices at that time, yet the said justices shall record it, but they cannot arrest them, at any other time, except it be presenly after and in fresh suit, neither can they fine the offenders nor award any process against them upon the record which they shall make, and yet for that they saw the riot (and those riotters that be escaped, committing the riot) they shall record it, but that record shall not be kept amongst the rest of the records of the peace, but the said justices shall send the said record into the King's Bench, that process may from thence be made upon it against those riotters that be escaped, where also the said offenders shall not be admitted to any traverse, but must of necessity make fine for their said offence. 36. If after the justices and Sheriff shall see the riot, Dalton 102. the said riotters shall escape, and the justices and the Sheriff shall record the same riot, and then one of the justices be put out of the Commission, or the Sheriff or one of the justices shall happen to dye, yet shall that record be sent or certified into the King's Bench by the other justice. 37. Also such offenders as the justices saw committing the riot, though they shall escape from the justices, 13. H. 7. Cromp. 196. Dalton 102. yet the said justices may after grant out their warrants for them, and send them to the gaol, till they shall find surety for the good behaviour. 38. If such offenders shall departed before the coming of the justices, yet upon certain information of their being there, Dalton ibid. the said justices may also grant out their warrants for them, 34. Ed. 3. ca 1. P. Iust. 18. and may commit them till they have found sureties for their good behaviour, and yet rather the justices shall do well to proceed against them, by inquiry, and so to fine the offenders for the King, etc. 39 Also in the execution of this arrest of the riotters, Cromp. 62. 158. Dalton 102. the said justices, etc. may justify the beating, wounding, or killing of any the riotters that shall resist them, or that will not yield themselves to them. 40. Dalton ibid. Also the said justices may take from such riotters their Armour, harness, and weapons, and shall cause the same to be prised, and to be answered to the King as forfeited. 41. After the arrest made, Record. 13. H. 4. ca 7. P. 1. the said justices (and Sheriff or undersheriff) shall make a record in writing of the said riot, scil. of all that which they shall see and find done in their presence against the Law without any other inquiry. 42. But if the justices of peace do not themselves see the Riot, Dalton 103. than they cannot make a record thereof, but then they must inquire thereof. Ibid. 43. If the justices of peace, etc. going to see a Riot, another riot shall happen in their presence, they may record this, and arrest and imprison the offenders. Ibid. 44. So if the Riotters shall make a Riot upon the justices and Sheriff that do come to arrest them for their former riot, they may record that also. Ibid. 45. So if two justices of peace and the Sheriff or undersheriff shall meet for any other occasion of service, or for any private business (as upon an arbitrement or other like matter) and a riot shall happen to be done upon themselves, or in their sight, they may record it, and may arrest and imprison the offenders. 9 H. 6. fo. 60. Cromp. 63. 65. 46. And if the justices of peace shall record a riot, and upon examination of the matter after, it shall appear to be no riot, or that they saw it not, or that there was no riot at all, yet the parties shall be concluded thereby, and have no remedy by course of common Law; but if it be done of malice or partiality, they shall be punished for it in the Starchamber, and therefore the justices shall do well to be advised what they record. See 9 H. 6. fo. 60. Br. judges 2. Dalton pa. 103. 47. And again, for that this record of the justices and Sheriff is a sufficient conviction in itself against the offenders, therefore it ought to be formal and certain, as well for the time and place as also for the number of weapons, manner, and other circumstances, because the parties be concluded thereby, and shall not be received to traverse, or deny it in any point. 48. For the form of the record, vide tit. Warrants and precedents. 49. The record ought to remain with one of the said justices of peace, Dalton pa. 103. and shall not be left amongst the records of the Sessions of the peace, it being made out of the Sessions and not appointed to be certified thither. 50. Also the said justices of peace (and none other justices of peace) shall commit such offenders to the gaol, Dalton pa. 103. there to remain convict by their view, testimony and record (as in case of forceible Entry) until they have paid a fine to the King. 51. Also such commitment of the offenders to the gaol ought to be done presently. Co. ●. 120. 52. And the power of the County ought to be aiding to the Sheriff and undersheriff for the conveying of them to the gaol, Dalton pa. 103. if there be occasion. 53. If the justices of peace, and Sheriff or undersheriff shall record the riot, Cromp. 61. and shall not presently commit the riotters to prison, or if they shall commit them to prison, and shall not record the riot, they shall forfeit every of them 100.l. by the statute 13. H. 4. F●o●●●. P●●●t●. 1● H. 4. ●a. 7. for that 〈◊〉 ●ha●e no● done execution of the same stat. for by the statute they shall record fine and commit the offenders, or else the statute is not fully executed. 54. Also the said justices of peace, and none other, shall assess the fines upon the offenders, Cromp. 161. 2. H. 5. ca 8. for they have best knowledge of the matter, etc. Co. 8. 4. 1. a. which fines by the statute 2. H. 5. 8. ought to be of good value that out thereof the charges of the said justices and other officers may be borne, sc. their charges in going, tarrying, Dalton pa. 104. and returning, etc. about the suppressing and inquiry of such riots, of which charges payment shall be made by the Sheriff, by Indenture thereof made between him and the said justices. 55. And yet such fines must be reasonable and just and secundum quantitatem & qualitatem delicti, and not unreasonable or excessive, (for excessus in re qualibet jure reprobatur communi, Co. 11. 44. and so it is commanded by the statutes 18. E. 3. 2. & 34. Edw. 3. 1. P. Iust. 1. & 18. 56. Note also that the fine assessed in this and such like cases must not be imposed upon all the offenders jointly, but must be assessed upon every offendor severally. Co. 11. 43. 44. 57 And the said justices shall cause the said fines to be estreated into the Exchequer, Dalton 104. that so the said fines may be levied to the King's use, and then they are to deliver the offenders again, as it seemeth, or else the said justices may record such riot by them viewed, and commit the offenders, and after certify the record to the Assizes or Sessions, or into the King's Bench, as in case of a forceible Entry. 58. 13. H. 4. 7. But it the riot was not committed in the presence of the justices of peace, or that the offenders be departed before the coming of the said justices and Sheriff or undersheriff, than the said justices, or two of them at the least, within one month after such riot, assembly, or rout, shall inquire thereof, Enquiry. by the oaths of a sufficient jury (to be returned by the Sheriff, and the same riot, etc. being found by such Inquisition, the said justices must make a record in writing of such their inquiry, and presentment found before them, which record also is to remain with one of the said justices. P. R. 29. 59 The form of such enquiry or presentment you may fee in the title of warrants and precedents. 60. This enquiry shall not be, Cromp. 62. but where the rioters are gone before the coming of the justices. 61. Dalton pa. 104. It is not necessary that one of the justices of peace which shall make enquiry of a riot, be of the Quorum. 62. Although the words of the statute are, the same justices, Dalton pa. 104. scil. which came to see the riot, shall inquire, yet if any other two justices of peace of that County shall do it, that will suffice. 63. Ibid. Also the justices of peace although they go not to see the riot, yet they may inquire thereof within the month after. 64. Dalton pa. 10●. Neither is it of such necessity to have the enquiry within the month, that for default thereof the presentment shall be void, for the justice of peace may inquire thereof at any time by force of their Commission, but if it be not within the month than the two next justices are in danger to lose each of them 100 l. for their neglect, and yet if these justices do charge the jury within the month, and do give day unto them for to yield their verdict and presentment after the month, the statute is not offended. 65. At this enquiry the Sheriff or undersheriff ought to be present with the justices of peace, Ibid. but the Sheriff or undersheriff be now as ministers (only for the returning of the jury) for the enquiry, and be not herein associated with the justices as they were before in arresting the rioters, and recording their disorder, and therefore they are now to be spared from being judges therein, howbeit by this their presence they may help to espy the evil, and beside, it addeth force and credit to the certificate. 66. If the justices do assemble themselves, the Sheriff and the jury, Cromp. 62. P. R. 29. to make enquiry of a riot within the month and the parties been agreed amongst themselves, so as none will solicit the inquiry, nor give in Evidence for the King upon the riot, yet ought the justices to proceed (ex officio) to make inquiry of that riot, seeing it may be that some of the jury may have knowledge of the riot. 67. And also the justices ought to make Proclamation, that if any man will give Evidence for the King concerning that riot, or (generally) will inform the King's justices of any Riots, Routs, etc. and thereupon some other persons may perhaps come forth to inform them therein. P. R. 29. Cromp. 62. 68 But if at the party's request, the justices shall dismiss the jury without inquiry, they are fineable in the Starchamber to the King for the same. Dalton 105. 69. And if the justices shall not proceed herein (ex officio) without some will give in Evidence for the King, they shall be in danger to lose 100 l. a piece upon this statute, for the reasons abovesaid. Ibid. 70. And it seemeth that the justices may justly bind to their good behaviour the parties that first complained to them of this riot, and have caused them to meet, and now will not prosecute the same for the King, but have agreed it. 13. H. 4. 7. P 2. Hear and determine. 71. After such enquiry made, and riot found, the said justices have authority, by the said statute to hear and determine the same according to the law, viz. they may make out process against the offenders under their own test. (thereby to cause the offenders to come in and answer) and may assess their fines, Dalton 105. and may commit them to prison till they have paid the same, and may deliver them after payment of the said fine, Br. Impris. 100 or upon sureties taken for it (which sureties ought to be bound by recognizance) or otherwise they may receive their traverse, and thereupon (if the matter will so serve) to discharge and dismiss them, but then the said justices shall do well to send such indictment or inquisition found (and such traverse) to the next Quarter Sessions, or into the King's Bench, and there the traverse shall be tried and determined according to Law. P. R. 30. 72. But when men are indicted of Riots, or the like they will usually yield themselves, and pray to be admitted to their fine, in which case the justices of peace, commonly do assess but some small fyne, and upon the payment thereof do discharge the offendor, and hereby the offenders are not imprisoned, which would work more fear in such offenders than such fine, and therefore it is behooveful for the justices of peace to use good care and discretion herein, for by the statute the offenders are aswell to be imprisoned as fined, and it seemeth much more serviceable and more agreeing with the intent of the Law, besides this fine called by divers old statutes ransom, Mar. ca 1. 2. 3. 4. (or redemptio) in Latin seemeth by the propriety of the word to imply that the offendor ought first to be imprisoned and then to be ransomed and delivered in consideration of this fine, Dalton p. 105. or otherwise the statute is not fully executed in all points as it ought to be. 73. Ibid. And these fines the justices of peace are now willed by the statute 2. H. 5. ca 8. to put in greater sums than they were wont to be put in such cases, for the bearing of the charges of the justices and other officers, etc. 74. At the common Law a Riot was punishable as a Trespass, and aswell the fine as the imprisonment were at the discretion of the judges, and in the same manner the statute of 13. H. 4. enableth the justices of peace to punish such offenders, but now aswel the imprisonment as the fine of such offenders are to be increased by the said statute 2. H. 5. 75. And therefore where the justices of peace are remiss herein, Cromp. 63. P. R. 24. scil. in not sufficiently punishing such offenders by due fyne and imprisonment, the Lords in the Starchamber, may, and do often assess upon Riotters, for the same Riot, (for which the justices of peace have formerly assessed a fine in the Country) a greater penalty, if they see cause, and yet in this case the offenders be not twice punished for one offence, but part of the due punishment is inflicted at one time, and part at another. 76. Lastly, if the truth, Certificate. 13. H. 4. 7. 19 H. 7. 13. P. 3. 15. or Riot cannot be found by the justice of peace upon such enquiry (being hindered by the perverseness of the jurors, or by the unlawful maintenance, or imbracery of others) then within one month next after the enquiry the same justices and Sheriff or undersheriff shall certify before the King and his Council, scil. into the Starchamber, Dalton pa. 107. or to the body and board of the privy Council, or into the King's Bench the whole fact and circumstances thereof, with the certainty of the names of the principal offenders, P. 15. and also the names of such maintainers and embracers, with their misdemeanours, and of the time, place, and other circumstances, and impediments, yet the not certifying of the maintenance or embracery is but forfeiture of twenty pound a piece to every of the justices and Sheriff the not certifying the rest, P. 13. But such traverse and certificate shall be sent into the King's Bench and there be tried. P. 1●. is a forfeiture of 100 l. Cromp. 63. b. & 199. b. 77. The end of this certificate is but only to put and force the offenders to answer thereto, before the King and his Council, and though the words of the statute do make this certificate to be of the force of a presentment of twelve men against the offenders, yet such certificate is no Conviction, but that the offenders may traverse it by the words of the same statute: and so this certificate is only of the nature of a declaration or indictment at the common law, and therefore it ought to comprehend the certainty of the time, place, persons and other material circumstances. Dalton p. 107. 78. If this certificate be not made within one month after the enquiry, than it is not according to the statute, and so not good to force the offenders to answer. Ibid. 79. If two justices of peace and the Sheriff shall go to see a Riot, yet any two other justices of the County, may make the enquiry, and then they altogether, or the first two, or the last two with the Sheriff or undersh●riffe may make certificate thereof within the month after that inquisition taken. Cromp. 63. 80. Where there be several certificates made, or that the certificate and enquiry do disagree, then that shall be proffered which is best for the King. 81. If there shall be twenty parties to a Riot, and the jury shall find but ten of them guilty, Dalton 107. yet the justices may certify that twenty committed the Riot, and this certificate of the justices shall stand good. Dalton 107. 82. Also it seemeth, if any thing material happen to be omitted or left out in the inquisition, yet it may be supplied by this certificate, and it shall stand good. 83. If after the inquiry and before the certificate, the Sheriff shall dye, Ibid. or one of the justices be put out of the Commission, no certificate can be made by the opinion of Master Marrow. 84. For the form of such certificate see the Title of warrants and precedents. 2. H 5. 8. P. 6. 85. Upon the default of the two next justices, and Sheriff or undersheriff, for not excuting the said statute of 13. H. 4. ca 7. the party grieved may have a Commission Commission. to inquire, aswell of the Riot, as of the defaults of the said justices and Sheriff. 2. H 5. ●. P. 6. 86. Also the Lord Chancellor of Ireland (if he shall have notice of such a Riot) shall send the Kings writ to the justices and Sheriff, commanding them to execute the said statute of 13. H. 4. 87. And although that such writ come not to the said justices, Sheriff, or undersheriff, yet they shall not be excused of the penalty of 100.l. aforesaid, if they make not execution of the said statute. 2. H. 5 ca 9 88 Also if any assemblies of people in great number in manner of insurrection, 8. H. 6. ca 14. or other rebellious Riots, shall be done or committed, Rast. 374. and that such offenders shall withdraw themselves, to the intent to avoid the execution of the Law, thereupon certificate by two justices of peace, Dalton p. 108. and the Sheriff of that County by letters under their seals, to the Lord Chancellor of England of the same Riot, and that the common voice and fame thereof runneth in the said County, the Lord Chancellor may make a Capias to the said Sheriff for the apprehending of such offenders, and after, if need be, a writ of Proclamation that the said offenders yield themselves in the King's Bench at a certain day upon pain to be convicted thereof. 89. The statute of 13. H. 4. 13. H. 4. ca 7. authorising and enjoining the justices of peace (together with the Sheriff) to arrest, remove, and punish the offenders, as is before declared, gave no remedy to the party grieved, if the justices of peace or Sheriff should make default therein, and therefore the said statute of 2. H. 5. was made authorising the Lord Chancellor at the instance of the party grieved to grant a Commission to inquire of the defaults of the two next justices of peace and Sheriff in not executing the aforesaid statute of 13. H. 4. and withal providing how the charges of the Iust. spent about the suppressing and inquiry of such Riots should be borne, and also limiting what punishment aswell the offenders of such riots, as also all such as should not be ready to assist and aid the said justices to repress such Riotters, should suffer. 90. So as now it appeareth by that which hath been said that the justices of peace are to be severely punished if they shall be remiss or negligent in the due execution of the said statute of 13. H. 4. and therefore it will be requisite in this place to set forth for the instruction of the justices of peace these particulars following, videlicet: 1. First, what shall be said to be a Riot, Rout or unlawful assembly and what not. 2. What persons may commit a Riot, Rout or unlawful assembly. What shall be said to be a Riot, Rout or unlawful assembly within the meaning of these statutes. CHAP. 51. 1. When three persons or more shall come or assemble themselves together, Br. Riot 5. Cromp. 68 P.R. 25. to the intent to do any unlawful Act with force or violence against the person of another, his possessions, or goods, as to kill, beat, or otherwise to hurt or to imprison a man, to pull down a house, wall, pale, hedge or ditch wrongfully, to enter upon another man's possession, or to cut or take away Corn, grass, Br. Riots 4. Unlawful Assembly. wood, or other goods wrongfully, to hunt unlawfully in any park, or warren, or to do any other unlawful act with force or violence against the peace, or to the manifest terror of the people, if they only meet to such a purpose or intent (although they shall after departed of their own accord, Rout. without doing any thing) yet this is an unlawful assembly. 2. If after their first meeting they shall ride, go, Dalton 20●. or move forward toward the execution of any such Act (whether they put their intended purpose in execution or not) this is a Rout. 3. And if they do execute any such thing indeed, than it is a riot; Riot. and yet by the opinion of some a Rout is only, where such a company (of three or more) are so assembled for their own common quarrel, Ibid. as where the Inhabitants of a Town do assemble together to pull down a house, wall, pale, ditch or other enclosure, pretending to have title of common, or a way there, or to beat a man that hath done them some public offence, but yet the word Rout, seemeth to have a more large and ample meaning, as appeareth by the statute of 18. Ed. 3. st. 1. speaking of Routs that are brought in the presence of the justices, and the statute of 7. R. 2. ca 6. treating of riding in great Routs. 4. Now in Riots, Routs or unlawful assemblies, these four circumstances are to be considered: 1. First, the number of the persons assembled. 2. Secondly, the intent or purpose of their meeting. 3. Thirdly, the lawfulness or unlawfulness of the Act. 4. Fourthly, the manner and circumstances of the Act. 5. For the number, The number. there must be necessarily three persons at the least so gathered together, or else it can be no Riot, Rout or unlawful assembly within the meaning of these statutes. 6. But an assembly of an hundred persons or more (yea though they be in armour) yet if it be not in terrorem populi, and were assembled without any intent to break the peace, it is not prohibited by any of these statutes. Cromp. 6●. P. R. 2●. The intent. Cromp. 61. Dalton 201. 7. For it seemeth it can be no Riot, etc. except there be an intent precedent to do some unlawful Act, and with violence or force. 8. And therefore if divers be assembled, a●d none of them do know to what end or purpose they are met, this can make no riot, or Rout, till the intent be known. 9 If the master (intending to make a Riot) taketh with him his ordinary servants, and maketh an affray or other outrage with them, this is no Riot in the servants, Ibid. except their master had made them privy to his intent before, but the master only shall be punished for the riot, and the servants as trespassers. 10. And in this former case, it is not material, though the number of his servants which go with him be above his degree, so long as they be his household servants. P. R. 25. Cromp. ●● 11. If divers, being lawfully assembled, shall quarrel or fall out upon the sudden without any such former intent, this is no riot, but a sudden Affray. Dalton p. ●●●. 12. If diverse be at an Alehouse, and without any intention of an Affray, they suddenly fall together by the Ears, this is no riot but a sudden affray, because they had no such intention before. 13. If a jury being together shall fall out and fight, Ibid. this is no riot, because they were lawfully assembled, but it is a great misdemeanour, for which they shall be fined and imprisoned. 14. Also where there be three or more gathered together, 〈◊〉 201. either to execute the justice of the Law, or for the exercise of valour and trial of activity, 3. H. 7. 1. Br. Riots 2. or for the increase of amity and neighbourly friendship (and being met without any intent to break or disturb the peace or to offer violence or hurt to the person of any) such assemblies be not prohibited by any statute, nor unlawful, as if the Sheriff, undersheriff, bailiff or other officer shall take power what number he shall think good to execute the King's process, this is no unlawful assembly. 15. So it is a lawful assembly which is gathered together to run at Tilt, etc. by the King's commandment. 16. So the assembly of people, and their use of harness upon usual days in Dublin, Dalton 202. and other Cities and Towns being only for disport or exercise of Arms is lawful, and though it be with a great assembly of people, and in armour, yet it being neither in terrorem populi, nor to do any act with force or violence against the peace, it is lawful. 17. Also, if diverse do assemble and gather together, Ibid. to drink at an Alehouse, or to play at football, bucklers, bear or bullbaitings, dance, Bowls, Cards or Dice, or such like disports, that is no Riot, nor prohibited, for these meetings usually are not with any intent to offer or do violence or hurt to the person, possessions, or goods of any other, neither are they malum in se, but if these be done upon the Sabbath day they are misdemeanours, and sufficient cause to bind the offenders to the good behaviour, and so it is of keeping fairs and markets upon the Sabbath day. 18. Ibid. But if any of the persons assembled together for any the disports above mentioned (or for the like) came with an intent or purpose to break or disturb the peace, or to offer violence or hurt to the person of any, and shall make an affray, or do any other outrage, this seemeth to be a riot in so many as came with any such unlawful intent or purpose. 19 P. R. 25. And if any of the persons assembled together to drink or play at an Alehouse, or for any the disports above mentioned, or the like, shall fall out suddenly, (without any former intention of an affray) and in that their falling out they shall betake themselves to sundry parts, and shall make an affray, this seemeth to be no Riot; Dalton p. ●02● for that it was without any such intent before their said assembly, and done only upon the sudden, and upon a sudden occasion happening after their said meeting; and again their said assembly was at the first lawful, or at least not prohibited by any of these statutes, nor yet by the common Law. 20. But otherwise, if by agreement they shall meet again and fight afterwards, Ibid. that maketh it a Riot, as being a new assembly upon the former quarrel, and so their second meeting was upon an intent precedent to do an evil Act. 21. Now concerning the lawfulness or unlawfulness of the Act, Lawfulness of the Act. it is to be observed that lawfulness or unlawfulness of the thing done or intended, doth not always excuse or accuse the parties to a Riot, etc. but so that the manner and circumstances of the fact, must also be considered. Br. Riots 1. 22. For every man may assemble company to aid him in his house, against injury or violence, but if a man be threatened, that if he come to such a place, he shall be beaten, in this case, if he shall assemble any company to go thither with him (though it be to the safeguard of his person) it seemeth to be within the compass of these statutes and unlawful. Br. Riots 1. Cromp. 66. 23. Every man in peaceable manner, may assemble meet company (and may come) to do any lawful thing, or to remove or cast down any common nuisance done to them. Co. 5. 101. & 9 55. 24. Every private man, to whose house or land any nusans shall be erected, made or done, may in peaceable manner assemble a meet company with necessary tools, and may remove, pull, or cast down, such nusans, (and that before any prejudice received thereby) and for that purpose if need be, may also enter into the other man's ground. 36. Eliz. Cromp. 66. 25. A man erects a wear cross a common Ryver (where people have a common passage with their boats) and divers did assemble with spades, Crows of Iron, and other things necessary to remove the said Wear, and made a Trench in his land that did erect the wear, to turn the water, so as they might the better take up the said wear, and they did remove the said nusans, this was holden neither any forceible Entry nor yet any Riot. Dalton 203. 26. But in the cases aforesaid, if in removing any such nusans, etc. the persons so assembled shall use any threatening words (as to say, they will do it in despite of the other, or they will do it though they dye for it, or such like words) or shall use any other behaviour, in apparent disturbance of the peace, than it seemeth to be a Riot, and therefore where there is cause to remove any such nusans (or to do any like Act) it is the safest not to assemble any multitude of people, but only to send one or two persons, or (if a greater number) yet no more than are needful, and only with meet tools, to remove, cast, or pull down the same, and that such persons tend their business only without disturbance of the peace, for the manner of doing a lawful thing may make it unlawful. Ibid. 27. Also the manner of doing an unlawful Act, by an assembly of people may be such and so handled, as that it shall not be punished as a Riot, as if I should assemble a meet company to carry away a piece of Timber, or other thing (whereto I pretend a right) that cannot be carried without a great number, if the number be not more than are needful for such purpose, although another man have better right to the thing so carried away, and that this Act be a wrong and unlawful, yet is it of itself no Riot, except there be withal threatening words used, or other disturbance of the peace. 28. The manner. As there must necessarily be three persons at the least assembled together to make a Riot, Dalton 204. etc. so they being together and their demeanour must be such, as shall or may breed some apparent disturbance of the peace, either by threatening speeches, turbulent gesture, show of armour or actual force or violence, to the terror of the peaceable sort of people, or to the emboldening and stirring up of such as are busy headed, and of evil disposition, by such fact, or else it can be no Riot, etc. for, as I said before, the manner of doing a lawful thing may make it unlawful. & sic è converso. 29. And therefore if divers in one company going to the church, Ibid. fair, or market, shall go armed, or one going to the Sessions, or other like assembly shall go in harness (to the terror of the people) though he or they have no intent to fight or to commit any Riot, yet this is a Rout by the manner of his or their going, being needless, disordered and against the Law, see the statute. 2. Ed. 3. ca 3. 30. Cromp. 64. But in the former cases if they had gone in privy Coats of plate, shirts of mail or the like, to the intent to defend themselves from some adversary, this seemeth not punishable within these statutes, for that there is nothing openly done, in terrorem populi. 31. One N. W. together with fourscore persons, 31. El. came with spades, mattocks, pistols, swords, and daggers, in the night to a piece of ground (where Sir Thomas St. had made a great wear cross over the river of Trent in the County of Notting. to the great nusans of passengers there, Cromp. 64. etc.) and there they made one or two little Trenches to let the water pass, etc. and though it were lawful to make the Trenches, and to debruse the nusans, yet for that they came with such number and weapons, they were deeply fined in the Star-chamber. 32. Also a Lord of a Copyhold, did enter with twenty persons, 31 and 32. El. Cromp. 64. Dalton 204. and cut his Coppiholders' corn with force, for that his Coppiholder would not compound with him for his fyne, and although the entry of the Lord was holden lawful, yet punishable as a Riot, in regard of his number and force. 33. In all cases where three, or more shall enter into lands, Cromp. 64. Dalton 205. etc. with force (upon the possession of another) where their entry is lawful, yet it is a Riot, by reason of the number and force, for the statute of 5. R. 2. prohibiteth the entry with force, or with multitude of people, although the entry be (otherwise) lawful. What persons may commit a Riot. CHAP. 52. 1. IF a number of women, (or children under the age of discretion) do flock together for their own cause, this is no assembly punishable by these statutes, unless a man of discretion moved them to assemble for the doing of some unlawful Act as Master Marrow held, Cromp. 62. but yet certain women that had apparelled themselves in men's apparel, Dalton 205. and had pulled down riotously a lawful enclosure, were worthily punished for the same in the Starchamber contrary to Master Marrows opinion. 2. Also women covert are holden to be within the statute of Mert. ca 6. Co. 3. 72. & 11. 161. for ravishment of wards, and within the statute of Westm. 1. ca 20. de malefactoribus in parcis, and within the statute of 2. Eliz. ca 2. for recusancy, although they be not particularly named within any of this statute. Co ibid. f. bre. 670. 4. E 4. 16. 3. Also if a woman covert shall commit any riot, or do any Trespass or other wrong she is punishable for it, and for a trespass done by the wife, or for a scandal published by her; the action lieth both against the husband and wife, sc. an action of trespass, or of the case, shall be brought against the husband and the wife, and there the husband is chargeable to the damages, or fine, because he is a party to the action and judgement, but if a woman covert without her husband be indicted of a Trespass, Co. 21. 61. b. riot, or other wrong, there the wife shall answer, and be party to the judgement only, and in such case the fine set upon the wife shall not be levied upon the husband, 22. Ass. ●7. 43. E. 3. 18. yet after the husband's death it seemeth such damages or fine shall then be levied upon the wife herself, and as for imprisonment, or other corporal pain, it shall be inflicted upon the wife only, and not upon the husband for his wife's Act or default. Dal●●n 205. 4. If a Mayor and Alderman or Bailiff and Burgesses, or the fellows of any other society do assemble in their common quarrel, and make a riot or rout, this shall be punished in their own private natural persons, and not in the body politic. Recognisance. CHAP. 53. 1. A Recognisance is a bond of record, testifying the Recognisor to owe a certain sum of money to some other, and the acknowledging of the same is to remain of record, and none can take it but only a judge or Officer of record. 2. And these recog. in some cases the Iu. of peace are enabled to take by the express words of certain statutes, but in other cases (as for the peace, and good behaviour, or the like,) they may do it of congruity, without any express authority given them either by their Commission, or by statute. 3. Note wheresoever any statute giveth them power to take a bond of any man, or to bind over any man, Cromp. 197. or to take sureties for any matter or cause, See Fitz. 82. it seemeth they may take a Recog. yea wheresoever they have authority given them to cause a man to do any thing, there it seemeth they have of congruity power given them to bind the party by recog. to perform or do it, Dalton 298. and if the party shall refuse so to be bound, that then the judge may send him to the Gaol. 4. I will here set down only some particulars, Ibid. where the justices of peace out of their Sessions may take a recognizance. 5. One justice of peace may take a recognizance for the peace. 6. Ibid. Also the justice of peace may take a recognizance for the good behaviour (by the Commission) and these the justice of peace may take either upon discretion or upon complaint made to him, or upon a supplicavit delivered to him. 7. Ibid. One justice of peace may bind by recognizance such as do declare any thing against a fellow or Traitor to appear at the Assizes or Sessions, there to give Evidence against the offendor, and so in divers other offences. 8. Ibid. One justice of peace may bind by recognizance the master that shall misuse his apprentice, etc. to appear at the Sessions, etc. 9 Two justices, etc. may bail prisoners, which must be done by recognizance, see here tit. Bailement. 10. Also two justices of peace may bind by recognizance the defendant in a suit of Tithes, to obey the sentence of the judge, see postea tit. Tithes. 11. A justice of peace can take no Recognisance, but only for such matters as concern his office, see hereof postea tit. Surety for the Peace. 12. Note also, that a recognizance taken by a justice is a matter of record presently, so soon as it is taken and acknowledged, although it be not made up, but only entered into his book, nay although it be not entered, as it seemeth. See Stamf. 77. etc. Br. record. 58. 13. If a justice of peace shall take a recognizance, where he hath no authority, it is void. 14. And these recognizances taken by the justices of peace are to be certified by them at their next quarter Sessions, except recog. taken for such as shall inform against felons or Traitors, and upon bailement of felons, which by statute they are appointed to certify at their next general gaol delivery. 15. For the Forms of recognizances, see hereafter tit. Warrants and Precedents. Robbery. CHAP. 54. One justice. 11. Caroli c. 13. in Ireland. P. Hue and Cry. 8. 10. co. 77. 1. AFter a Robbery committed, the party rob shall not have his action upon the statute against the hundred, except he shall with all speed convenient, give notice of the said robbery to some of the inhabitants near to the place where such robbery was committed, and also except he shall commence his suit or action within one year next after such Robbery committed, and also except he shall first be examined upon oath (within twenty days next before such action brought) by some one justice of peace of the County where the Robbery was committed, dwelling within or near to the said hundred, where the robbery was done, whether he doth know the parties that committed the said robbery, or any of them, and if he knoweth any of them, than also (before such action brought) he shall be bound before the same Just. by sufficient recognizance to prosecute effectually the said offenders by indictment, or otherwise according to the due course of law. 1●. Caroli. c. 13. ●n Ireland. P. Hue and Cry. 15. 2. After a robbery committed, the whole hundred must answer the loss, if the Robbers be not taken within Forty days, and yet for that the party rob hath his recovery and execution against some one or few persons of that hundred, therefore for a contribution to be yielded from the residue of the said hundred upon complaint made by the parties against whom such recovery and execution is had, any two Iust. of peace, the one being of the Quorum, being of the same County, and inhabiting in or near the same hundred where such execution shall be had, may assess and tax according to their discretions proportionably all and every the Towns and Parishes, etc. as well of the same hundred where the robbery was committed, as also of the liberties within the said hundred towards an equal contribution to be had for the relief of the parties charged, the which money the Constables of every Town shall levy and deliver over to the same justices, or to one of them within Ten days after collection, and which the said justices shall deliver over (upon request) to the parties charged, to whose use the same was collected. 3. The like taxation, assessment, levying and payment shall be had and made for a contribution within every hundred, 11. Caroli. c. 13. in Ireland. P. Hue and Cry. ●. where there was any negligence, fault, or defect of pursuit, and fresh suit after hue and cry, viz. if upon suit any recovery and execution of any money or any damages shall be had against some one or few persons of that hundred where such default was, towards the ease of the hundred where the Robbery was done, upon complaint made by the parties so charged, to any two such justices of peace, the said justices may make the like assessment, etc. towards the relief of the parties so charged. Co. 7. 6. 4. Note that if any man be rob in his house the hundred shall not be charged therewith, whether it were done in the night or in the day. 5. Also a robbery done in the night shall not charge the hundred, but yet if it be in the day time, or by day light, Co. ibid. though it be afore Sun rising or after the Sun setting the hundred shall answer for it. 6. If upon pursuit any one of the offenders be apprehended, the hundred shall not be charged, 11. Caroli c. 13. in Ireland. although the residue of the offenders happen to escape, but pursuit, without apprehending some of the Robbers, is no excuse. 7. Cromp. 179. If the party that was rob shall himself take any of the thiefs, after Hue and Cry made, this shall excuse the hundred. 8. It is said by my Lord Dyer, obitur in anno. 22. El. that the statute is satisfied, if the names of the offenders be descried, Dyer. 370. so that they may be indicted and outlawed, but that seemeth to be no Law, P. R. 155. for the words of the statutes of 13. Ed. 1. and 28. Ed 3. Dalton 117. are that the Country must answer for the bodies of such offenders, Winch. 13. E. 1. ca 2. & 28. Ed. 3. ca 11. 9 Ibid. Note the party rob must bring his Action within twenty days next after his examination taken before the justice of peace. 10. Ibid. Also the justice of peace must be abiding within the County at the time of such examination taken by him, as it seemeth. 11. If a man be rob in one County, and maketh Hue and Cry freshly into another County, 18. E. 4. 18. if the Towns adjoining do not according to the statute of Winchester, the party rob may have his Action of debt in the one County or in the other by Fincham 15. Ed. 4. Br. Dett. 104. 12. Highways, leading from one market Town to another, shall be enlarged, so that there be neither dike, underwood, nor bush, whereby a man may lurk to do hurt, within 200. foot of the one side, and of the other, and if by default of the Lord that will not amend the ways, as aforesaid, any Robberies be done therein, the Lord shall be answerable for the Robbery, and if a park be near the high way, the Lord must set his park 200. foot of each side from the way, as aforesaid, or else must make such a wall, dike, hedge or pale, that such offenders may not pass to and fro, there to do evil, Winch. 13. Ed. 1. cap. 5. Rogues, Vagabonds, and Beggars. CHAP. 55. 1. Divers good Laws and statutes have been made which yet are of force in Ireland for the punishing and ordering of Rogues, Vagabonds, and Beggars, the substance whereof I have here expressed, viz In anno 23. E. 3. ca 3. 23. E. 3. ca 3. It is ordained, that because many valiant Beggars, as long as they may live of begging, do refuse to labour, Beggars. giving themselves to Idleness and vice, and sometime to theft and other abominations; none upon the pain of imprisonment shall under the colour of piety or alms give any thing to such which may labour, or presume to favour them towards their desires, so that thereby they may be compelled to labour for their necessary living. 2. Also by a statute made anno 34. E. 3. 34. E 3. ca 1. It is ordained, first that in every County shall be assigned for the keeping of the peace, one Lord, and with him 3. or 4. of the most valiant men in the County, with some learned in the Laws, and they shall have power to restrain the offenders, riotters, and all other barrators, and to pursue, arrest, justices of peace. take, and chastise them according to their trespass and offence, and do to be imprisoned and duly punished according to the Law and customs of the Realm, and according to that, that to them shall seem best to do by their discretions and good avisement, and also to inform them, Pillours, Robbers. and to inquire of all those that have been pillours and robbers of the parties beyond the Sea, and be now come again and go wand'ring and will not labour as they were wont in times past, and to take and arrest all those, that they may find by indictment or by suspection, and to put them in prison, and to take of all them that be not of good fame, where they shall be found, sufficient surety and main prize of their good behaviour towards the King and his people, and the other duly to punish, to the intent that the people be not by such riotours, or rebels troubled or endamaged, nor the peace blemished, nor merchants nor other passing by the high ways of the Realm disturbed, nor put in the peril which may happen of such offenders. 3. Also by a statute made in anno 7. R. 2. it is ordained that the statutes made in the time of King Edw. 3. 7. R. 2. ca 5. of Roberdesmen Roberdesmen. and draw-latches, Draw-latches. be firmly holden and kept, and moreover it is ordained and assented to refrain the malice of divers people, faitours Faitours. and wand'ring from place to place, running in the Country more abundantly than they were wont in times past, that from henceforth the justices of Assizes in their Sessions, the justices of peace and Sheriffs in every County shall have power to inquire of all such Vagabonds Vagabonds. and faitours of their offence, and upon them to do that the Law demandeth, and that aswell the justices and Sheriffs, as the Majors, Bailiffs, Constables, and other governor's of Towns and places where such faitours and Vagabonds shall come, shall from henceforth have power to examine them diligently and to compel them to find surety for their good bearing by sufficient mainpernors of such as be distraineable, if any default be found in such faitours and Vagabonds, and if they cannot find such surety they shall be sent to the next gaol, there to abide till the coming of the justices assigned for the deliverance of the gaoles, who in such case shall have power to do upon such faitours & Vagabonds so imprisoned that thereof to them shall seem best by the Law. 4. Also by a statute made in anno 12. R. 2. 12. R. 2. ca 7. it is ordained and assented, that of every person that goeth a begging and is able to serve or labour, it shall be done of him as of him that departeth out of the hundred without letter testimonial (which is to be imprisoned) and that the beggar's impotent to serve, shall abide in the Cities and Towns, where they be dwelling at the time of the Proclamation of this statute, and if the people of Cities, or Towns, will not, or may not suffice to find them, that then the said beggars shall draw them to other Towns within the hundreds, rape, or weapon take, or to the Towns where they were borne, within forty days after Proclamation made, and there shall abide continually during their lives, and that of all them that go in pilgrimage Pilgrimage. as beggars, and be able to travel, it shall be done as of servants and labourers (which is to be committed to prison) and that Scholars Scholars. of the universities that go so begging, have letters testimonial, of their Chancellor upon the said pain. 5. Also by another statute made in anno 12. R. 2. 12. R. 2. ca 8. it is ordained that they that feign themselves to have traveled out of the Realm, and there been imprisoned, shall bring letters testimonial, Letters testimonial. of the captains where they were abiding or of the Majors, Majors, or Bailiffs, Bailiffs. where they arrived, and the same Majors and Bailiffs shall inquire of such people, where and with whom they dwelled, and in what place their dwelling is, and that the same Majors and Bailiffs, make them letters patents under the feal of their office testifying the day of their arrival, and also witnessing where they have been, as they have said, and that the said Majors and Bailiffs, cause them to swear that they should hold their right way towards their Country, except that they have letters patents under the King's great seal to do otherwise, and if any such trav●●●ed man be found without such letter as afore is said, it shall be done of him as of the said servants and labourers, and also this ordinance shall be intended of men travailed Travailed men. that go begging through the Country, after their arrival. 6. Also by a statute made in Ireland in Anno 33. H. 8. ca 14. 33. H 8. ca 148 in Ireland. It is ordained that where in all places throughout this realm of Ireland Vagabonds and beggars have of long time increased and daily do increase in great and excessive numbers, by the occasion of idleness, mother and root of all vices, whereby hath insurged and sprung, and daily ensueth and springeth continual thefts, murders, and sundry other heinous offences, and great enormities, to the high displeasure of God, the inquietation and damage of the King's people, and to marvellous disturbances of the common wealth of this realm, and whereas many and sundry good laws, straight statutes and ordinances have been before this time devised and made, as well by the said King H. 8. as also by diverse his most noble progenitors Kings of England for the most necessary and due reformation of the premises, yet that notwithstanding the said number of Vagabonds and beggars be not seen in any part to be minished, but rather daily augmented and increased into great Routs and companies, the justices of peace of all and singular the shires within the limits of their Commissions, and all other justices of peace, Mayors, Sheriffs, bailiffs, and other officers of all and every City, Borrough, Ridings, or Franchises within the realm of Ireland, within the limits of their authority shall from time to time as often as need shall require, by their discretions divide themselves within the said shires, Cities, boroughs, ridings or Franchises, whereof they be justices of peace, Mayors, sheriff's, bailiffs, or officers, and so being divided, shall make diligent search and enquiry of all aged, poor and impotent persons which live, or of necessity are compelled to live by alms of the charity of the people that be or shall be hereafter abiding within every hundred, rape, wapentake, City, borough, parish, liberty, or Franchises within the limits of their division, and after and upon such search made, the said justices of peace, Mayors, Sheriffs, bailiffs, and other Officers (that is to say) every of them in the limits of their authorities whereunto they are divided shall have power and authority by their discretions to enable to beg within such hundred, rape or wapentake, City, Town, parish or other limits as they shall appoint, such of the impotent persons, which they shall find and think most convenient within the limits of their division to live of the charity and alms of the people, and to give in commandment to every such aged and impotent beggar (by them enabled) that none of them shall beg without the limits to them so appointed, and shall also register and write the names of every such impotent beggar by them appointed in a bill or roll indented, the one part thereof to remain with themselves, and the other part by them to be certified before the Justices of peace at the next Sessions after such search had, to be holden within the said shires, Cities, Towns, or Franchise, there to remain under the keeping of the Custos Rotulorum, and that the said justices of peace, Mayors, Sheriffs, bailiffs, and other officers, that is to say, as they be divided shall have power and authority to make such and so many seals to be engraved with the names of the hundreds, rapes, wapentakes, Cities, Boroughs, towns, or places within the which they shall appoint and limit every such impotent person to beg, and commit the said feales to the custody of such of them, or to the custody of such a one as they shall think convenient, and shall make and deliver to every such impotent persons, by them enabled to beg, a letter containing the name of such impotent person, and witnessing that he is authorised to beg, and the limits within which he is appointed to beg, the same letter to be sealed with such of the said seals as shall be engraved with the names of the limit wherein such impotent person shall be appointed to beg in, and to be subscribed with the name of one of the said justices or officers aforesaid, and if any such impotent person so authorished to beg, do beg in any other place then within such limits that he shall be assigned unto, that then the justices of peace, Majors, Sheriffs, Bailiffs, Constables, and other the King's officers and ministers shall by their discretions punish all such persons by imprisonment in the stocks, by the space of two days and two nights, giving them only but bread and water, and after that, cause every impotent person to be sworn to return again without delay to the hundred, rape, wapentake, City, Burrough, Town, Parish, or Franchises, where they be authorised to beg in, and that no such impotent person, as is above said, shall beg within any part of this Realm except he be authorised by writing under seal as is abovesaid, and if any such impotent person be vagrant and going a begging having no such letter under seal, as is above specified, that then the Constables and all other inhabitants within such Town, or Parish, where such person shall beg, shall cause every such beggar to be taken and brought to the next justice of peace or high Constable of the hundred, and thereupon the said justice of peace or high Constable, shall command the said Constables, and other inhabitants of the Town or Parish which shall bring before him any such beggar, that they shall strip him naked from the middle upward, and cause him to be whipped within the Town where he was taken, or within some other Town where the same justice or high Constable shall appoint, if it shall seem, to the discretion of the said justice of peace or high Constable, that it be convenient so to punish such beggar to him brought; and if not, then to command such beggar to be set in the Stocks in the same Parish where he was taken, by the space of three days and nights, there to have only bread and water, and thereupon the said justice, or high Constable, before whom such beggar shall be brought, shall limit to him a place to beg in, and give to him a letter under seal in form above remembered, and swear him to departed and repair thither immediately after his punishment to him executed, and that if any person or persons being whole and mighty in body, and able to labour, be taken in begging in any part of this Realm, or if any man or woman being whole and mighty in body and able to labour having no land, master, nor using any lawful merchandise, craft, or mystery, whereby he might get his living be vagrant and can give no reckoning how he doth lawfully get his living, that then it shall be lawful to the Constables, and all other the King's officers, ministers, and subjects of every Town, Parish and Hamlet, to arrest the said Vagabonds and idle persons, and them bring to any of the justices of peace of the same shire or liberty, or else to the high Constable of the hundred, rape, or wapentake, within which such persons shall be taken, and if he be taken within any City or Town corporate, then to be brought before the Mayor, Sheriffs, or Bailiffs, of every Town corporate, and that every such justice of peace, high Constable, Mayor, Sheriffs and Bailiffs, by their discretions shall cause every such idle person to him so brought, to be had to the next market Town or other place where the said justices of peace, high Constable, Mayor, Sheriffs, Bailiffs, o● other officers, shall think most convenient by his or their discretion, and there to be tied to the ●nd of a Cart naked, and be beaten with whips throughout the ●ame market Town or other place till his body be bloody by reason of such whipping, and after such punishment and whipping had, the person so punished by the discretion of the justice of peace, high Constable, Mayor, Sheriffs, Bailiffs, and other officers before whom such person shall be brought, shall be enjoined by his oath to return forthwith without delay in the next and strait way to the place, where he was borne, or where he last dwelled before the same punishment by the space of three years, and there to put himself to labour like as a true man ought to do, and after that done, every such person so punished and ordered, shall have a letter sealed with the seal of the hundred, rape, wapentake, City, Borough, Town, liberty, or Franchise, wherein he shall be punished, witnessing that he hath been punished according to this statute, and containing the day and place of his punishing, and the place whereunto he is limited to come thither, within which time he may lawfully beg by the way, showing the letter, and otherwise not, and if he do not accomplish the order to him appointed by the said letter, thereto be eftsoons taken and whipped, and so as often as any default shall be found in him contrary to the statute, in every place to be taken and whipped, till he be repaired where he was borne, or where he last dwelled by the space of three years, and there put his body to labour for his living, or otherwise truly to get his living without begging as long as he is able so to do, and if the person so whipped be an idle person, and no common beggar, then after such whipping he shall be kept in the Stocks till he have found surety to go to service, or else to labour, after the discretion of the said justices of peace, Majors, Sheriffs, Bailiffs, high Constables, or other such officers, before whom any such idle person, being no common beggar, shall be brought, if by the discretion of the same justice of peace, Mayor, Sheriff, Bailiff, high Constable, or other such head officer it be so thought convenient, and that the party so punished be able to find surety, or else to be ordered and sworn to repair to the place where he was borne, or where he last dwelled by the space of three years, and to have like letter, and such further punishment, if he eftsoons offend this statute, as is above appointed to and for the common strong and able beggars, and so from time to time, to be ordered and punished till he put his body in labour, or otherwise get his living truly, according to the statute, and that the justices of peace of every shire, riding, City, Town and liberty shall have power and authority within their limits of their Commissions, to inquire of all Majors, Sheriffs, Bailiffs, Constables, and other like officers and persons that shall be negligent in executing of this Act, and if the Constables and inhabitants within any Town or Parish, where any such impotent person or strong beggar doth happen to beg contrary to the form of this statute, be negligent and take not every such impotent and strong beggar, that so shall beg against the form of the statute, and order and punish every such beggar, as is above limited, that then the Towneship or Parish, where such default shall be, shall lose and forfeit for every such impotent beggar that shall be suffered to beg within the said Towneship or Parish, not being taken, ordered and punished according to the form of this statute three shillings and four pence; and for every strong beggar that shall happen to beg within any such Towneship or Parish, not being taken and ordered as is above limited by this statute six shillings and eight pence, the one half of all which forfeitures to be to the King our sovereign Lord, and the other half to him that will sue for the same, by any bill of information before the King's justices of his peace in their Sessions to be holden within the Shire, or within the liberty where such default shall happen, and that all justices of peace within any Shire, City, Borough, or liberty, shall have full power and authority aswell to hear and determine every such default by presentment as by such bill of Information, and upon every presentment afore them, and upon every such bill of Information to make process by distress against the Inhabitants of every such Town and Parish where any such default shall be presented or supposed by any such Information, by authority of which distress the Sheriff or other officer to whom by the Law such distress shall be made, shall distrain the goods and Chattels of such one or two of the said Inhabitants, as he may have knowledge, were most negligent and in default in the execution of this Act, and the said distress retain till they find surety to appear at the next Sessions limited in their said distress, and in case they appear and confess the default, or else if they traverse the presentment, and it be tried against them by verdict, or deny the Information, and it be proved against them by sufficient witness, than the said justices of peace in their Sessions, shall have power and authority to assess the fines as been above limited, after the rates abovesaid, and to make process for the levying of the fame by distress of the Inhabitants of such Towns or Parishes where such default shall be tried or proved, and that every such fine, if it grow by presentment, to be only to the King's use, and if it grow by Information, the moiety thereof to be to him that pursueth the information for the fame, and the other moiety thereof to the King's use, as is aforesaid, and if any such person or persons distrained appear not at the day and place contained in such distress, then upon the return of the Sheriff or other officer to whom the distress was delivered to execute, that such person or persons were distrained, than every such person or persons so distrained, at the first distress shall lose 40. d. and at the second 5. s. 8. d. and so to be doubled upon every distress in such cases to be awarded, till appearance may be had by one of the Inhabitants of such Town or Parish, to deny traverse; or confess the presentment or information exhibited against any such Town or Parish, to the intent that upon trial or proof thereof the fines above limited may be assessed and levied of the Inhabitants of every such Town or Parish, as is above rehearsed, and that Scholars of the universities that go about begging, not being authorised under the seal of the universities by the Commissary, Chancellor, or Vicechancellor of the same, and all and singular shipmen pretending losses of their ships and goods of the Sea, going about the Country begging without sufficient authority witnessing the same, shall be punished, and ordered in manner and form as is above rehearsed of strong beggars, and that all proctor's and pardoners going about in any Country or Countries, without sufficient authority, and all other idle persons going about in any Country or abiding in any City, Borough, or Town, some of them using divers and subtle, crafty and unlawful gains and plays, and some of them feigning themselves to have knowledge in Physic, Phisnomy, Palmistry, and other crafty sciences, whereby they bear the people in hand that they can tell their destinies, diseases, and fortunes, and such other like fantastical imaginations, to the great deceit of the King's subjects shall upon examination had before two justices of peace, whereof the one shall be of the Quorum, if he by provable witness be found guilty of any such deceits, be punished by whipping at two days together, after the manner before rehearsed, and if he eftsoons offend in the said offence or in the like offence then to be scourged two days and the third day to be put upon the pillory from 9 of the clock till 11. before noon of the same day, and to have one of his Ears cut of, and if he offend the third time, to have like punishment with whipping, standing on the pillory, and to have his other Ear cut of, and that justices of peace have like authority in every liberty and franchise within their Shires where they be justices of peace for the execution of this Act in every part thereof as they shall have without their liberty or franchise, and that this Act shall every year be read in open Sessions, to the intent that the statute shall be the more feared, and the better put in execution, and furthermore be it enacted, that if any person or persons, at any time hereafter give any harbour, money, or lodging, to any beggars being strong and able in their bodies to work, which order themselves contrary to the form of this statute, that every such person so doing, being sufficiently proved or presented before any justice of peace, shall make such fine to the King as by the discretion of the said justices of peace at their general Sessions shall be assessed; and if any person or persons do disturb or let the execution of this Act in any manner wise, or make rescous against any Mayor, sheriff, bailiff, or other person that shall endeavour himself for the due execution thereof, that then every such person and persons, for every such offence doing, shall lose 100 s. and over that to have imprisonment at the Kings will, the one half of which forf. if such offence be committed in any City or town corporate, to be to the Mayor, Sheriff, Bailiff, or other head Officers of such Town or City corporate, where any such offence shall be done, to the use of the commonalty of every such City of town corporate, and if it be committed out of the City or Town corporate, than the said one half to be to the Lord of the Leer or Law day where such offence shall be done, and the other half of every such forf. to be to the King, for the which forf. of 5. l. recovery shall be had by action of debt, Bill, or plaint, or information in any of the King's Courts, in which suits the defendants shall not wage their Law, nor have any essoigne or protection allowed: And it is ordained and enacted that the seals above rehearsed shall be made at the costs and charges of the justices of peace, Majors, Sheriffs, Bailiffs, and other officers above written (that is to say) that every of them should do the said seals, to be made within the limits of their divisions, jurisdictions and authorities: And it is also ordained and enacted, that every letter to be made, by the authority of this Act, whereby any impotent beggar shall be authorised and assigned to beg, shall be made in this form ensuing, viz: Dublin. ss. Memorandum that A. B. of dale for reasonable consideration is licenced to beg within the hundred of P. K. and L. in the said County, given under the seal of that limit, tali die & anno. And that every such letter that shall be made and delivered to such beggar or Vagabond, after he hath been whipped by authority of this Act shall be made in this wife following. Dublin. I. S. whipped for a vagrant strong beggar, at Dale in the said County according to the Law, the 28. day of july in the 13. year of King Charles, etc. was assigned to pass forthwith, and directly from thence to sale in the County of Meath, where he saith he was borne, (or where he last dwelled by the time of three years) and he is limited to be there within 14. days next ensuing at his peril (or within such number of days as to him shall be limited by the discretion of him that maketh the said letter) In witness whereof the seal of the limit of the said place of his punishment hereunto is set. 7. And it is enacted, that every such letter shall be made at the equal costs of such the said justices, mayor's, sheriff's, bailiffs, and other officers within whose jurisdictions, powers and authorities, the said beggar or Vagabond shall be whipped or limited to beg in, by authority of this Act, and every such letter shall be subscribed with the hand of one of the justices, Majors, sheriff's, bailiffs, or other officers, in this form following, Per me A. B. unam justiciariorum pacis, or majorem civitatis, or ballivum villae or constabularium talis hundredi, or else in like form in English. 8. And it is further enacted, that every such person or persons, that have the custody of any gaoles within any shire, City, borough, or town corporate shall do, make a seal engraved with the name of the Castle, prison or gaol which he keepeth, and in case any person or persons that shall be delivered out of any gaol or prison for suspicion of felony by proclamation, or be acquit of any felony, and hath no friends to pay his fees, nor was borne within the hundred or place where he shall happen to be so delivered, nor can get him no master there to abide and work with, shall have liberty to beg for his Fees by the licence of his Keeper by the space of six week's next after such deliverance, and after that to be compelled to go to the hundred where he was borne, or last dwelled for the space of three years, within such time as shall be limited to him by one of the justices of peace, Mayors, sheriff's, bailiffs or other officers where such deliverance shall be had: And it is enacted, that every such person so delivered, shall have a letter made to him by the Clerk of the peace of the shire, within the which he was delivered if he be delivered within the shire, and if he be delivered within any Town, City, borough, corporate, than he to have a letter of the common Clerk of every such City, borough or town corporate, where he is delivered, every such letter witnessing the day of his deliverance, and the place where he was delivered, and before whom, and the time appointed when he shall beg for his Fees, and the place to the which he shall be assigned to repair unto, in case he can get no master to fall to work where he was delivered, and to every such letter the gaoler or keeper of the prison out of which the person shall be delivered, shall put the seal limited to be made, as is aforesaid, for the said prison, and that every such letter shall be made in this wise following: Dublin. ss. the 20. day of july Anno regni regis Caroli I. S. was delivered for felony our of the gaol of D. in the said County at the Sessions holden afore A.B. and his fellows at Sale, the day and year aforesaid, and is allowed to beg for his Fees by the space of six weeks, and in case he can get no master to work with in the said term, than he is assigned to go directly to D. in the county of Meath, wherein he saith he was borne, or last dwelled by the space of three years, and he is allowed 14. days next after the six weeks for his passage thither (or such number of days as to him shall be limited by the discretion of the maker of the said letter) In witness whereof the seal of the prison from the which he was delivered thereunto is set, and in such shires where no gaol is the sheriff thereof for the time being shall cause a seal to be engraved with the name of the shire, and shall order and use the same seal to and for such persons so delivered, as is aforesaid, after like manner and form as the Gaoler and keeper of the gaol is limited and appointed to do by this Act. And it is also enacted that every Clerk of the peace of the Shire within the which such person shall be delivered, and every common Clerk of every City, borough, or town corporate within the which any such person shall be delivered shall make for every such person as shall be so delivered where they be such officers, the said letter in form abovesaid, without any Fee taking for the same, and shall deliver every such letter to the Gaoler or keeper of the prison from the which such person shall be delivered, and if there be no Gaol there, then to the Sheriff of the shire, where such deliverance shall be had within one day next after the end of the Sessions, where any such deliverance is had, upon pain to lose and forfeit for the default of every letter 12. d. to the King's Majesty, and that the Gaoler or Keeper of the prison from the which the person shall be so delivered, and in case there be no Gaol, than the Sheriff of the shire where any such deliverance shall be had, shall not suffer any such person to go abroad to beg for his fees, nor departed out of prison, except it be to service or labour, unless the said Gaoler or sheriff first deliver to the said person the said letter containing his name, sealed with the seal of the prison, from the which he shall be delivered, or else with the seal engraved with the name of the shire, if there be no prison, upon pain for every default to lose 12. d. to the King's highness. And it is enacted that if any person or persons so being delivered out of prison, at any time after the said feast do beg, not having the letter aforesaid sealed in form abovesaid, or beg contrary to the tenor of the said letter, that then he shall be taken, ordered and whipped in every behalf, like as is above appointed for strong beggars, and that to be done and executed by such as be above limited to do the same upon strong beggars, and in such wife, and upon such pain, as is above limited, for non execution of the punishment of strong beggars, provided always that it be lawful to every person and persons, being bounden by reason of any foundation or ordinance to give or distribute any money in Alms, and also to every person and persons at common doles, used at burials or obytes, to give and dispose in Alms any money to every person and persons comminng to such Alms or Doles after like form and manner as they have been accustomed to do in that behalf, before the making of this Act, without any danger or penalty of this statute, any thing contained in this present statute to the contrary hereof notwithstanding, provided also that it be lawful to all masters and Governors of hospitals, to lodge and harbour any person or persons of charity or Alms, according to the foundation of such hospitals, and to give money in Alms, in as large manner and form as they are bounden, or owen to do any thing in this statute to the contrary hereof notwithstanding. And lastly in anno 11. Caroli ca 4. in Ireland it is ordained, for the better suppressing of Rogues, Vagabonds, and other idle and disorderly persons that before the Feast of Saint Michael the Archangel which shall be in the year of our Lord God, one thousand six hundred thirty and six, there shall be erected, built, or otherwise provided within every County of this realm of Ireland, one or more fit and convenient house or houses of correction, with convenient backside thereunto adjoining, together with Mils, working cards, and other necessary implements, to set the said Rogues, and other idle and disordered persons on work, the same houses to be built, erected or provided in some convenient place or Town in every County, which houses shall be purchased, conveyed or assured unto such person or persons, as by the justices of peace, or the more part of them in their quarter Sessions of the peace, to be holden within every county of this Realm of Ireland shall be thought fit upon trust, to the intent that the same shall be used and employed for the keeping, correcting, and setting to work of the said Rogues, Vagabonds, sturdy beggars and other idle persons. And it is further enacted by the authority aforesaid (that if the said house and houses respectively so to be erected, purchased or provided shall not be erected, built or otherwise provided before the said feast of Saint Michael, that then every justice of peace, resident and dwelling within any County of this realm, where such house and backside shall not be so erected and provided shall forf. for his neglect Five pounds sterling, and so for every year which shall ensue after the Feast of Saint Michael, wherein the said house and backside shall not be erected and provided every such justice of peace, as is aforesaid, shall forf. 5.l. sterling, the one moitye of the said forfeitures, to be unto him or them that will sue for the same, by action of debt, Bill, plaint, or information, in which suit no protection, essoine or wager of law shall be admitted, and the other moiety thereof to be employed and bestowed towards the erection, building, procuring, or providing the same houses and backsides respectively, and such necessary employments as aforesaid, and by the said Act it is further ordained that the justices of peace in every County within this Realm, or the more party of them shall have power at any their quarter Sessions of the peace within the said County to make such orders, as to them or the more part of them from time to time shall be thought fit, for the raising of money upon the inhabitants of the said County for erecting, or providing the said houses, and for the government and ordering the said houses respectively, or for stocks of money for the setting to work such persons as shall be committed to the same, or for the yearly payment of such officers, as hereafter by this present Act shall be appointed for governor or governors of the said house or houses, and for such other as they shall think fit to be employed therein, and that the said justices at their said Quarter Sessions, wherein they shall set such order for the raising of money, as aforesaid, shall then and so yearly afterwards nominate and appoint one sufficient man, inhabiting in the said County to be and be called the treasurer of the receiving and paying out of such moneys as shall be collected for the said houses, or for the use of them, and the said treasurer so elected to continue for the space of one whole year in this office, and then to give up his charge, with a due account of his receipts and disbursements at the quarter Sessions to be holden next after the Feast of Saint Michael every year in the presence of two justices of peace, to such other as shall be from year to year successively elected treasurer, and if any man chosen, as aforesaid, shall refuse to accept or execute the said office of treasurership, that then it shall be lawful for the justices of peace in their quarter Sessions, or in their defaults for the justices of Assize at the Assizes to be holden in the same County to fine the said treasurer by their discretion, the same fine not to be under three pounds sterling, which shall be levied by sale of his goods, by virtue of a warrant to be given for that and by the said justices, to such person or persons as they shall think fit, which fine so levied, to be to the use and towards the maintenance of the said house of correction. And it is further enacted that the justices of peace of every County within the realm of Ireland at their quarter Sessions of the peace to be holden for their several Counties (next after the erecting, providing, or building of the said house or houses, and so from time to time) or the most part of them, shall elect, nominate and appoint, at their will and pleasure, one or more honest, fit person or persons, to be governor or master of the said house, or houses, so to be purchased, erected, built, or provided, which person or persons so chosen by virtue of this present Act, shall have power and authority to set such Rogues, Vagabonds, idle and disorderly persons as shall be brought and sent unto the said house to work and labour (being able) from time to time for such time as they shall continue and be remaining in the said house of correction, and to punish the said Rogues, Vagabonds, idle and disorderly persons, by putting fetters or begins upon them, and by moderate whipping of them, and that the said Rogues, Vagabonds, and idle persons, during such time as they shall remain in the said house of correction, shall in no sort be chargeable to the Country, for any allowance either at their bringing in or going forth, or during the time of their abode there, but shall have such and so much allowance as they shall deserve by their own labour and work; And for that it is convenient that the masters and governors of the said houses of correction, shall have some fit allowance and maintenance for their travail and care to be had in the said service, as also for the relieving of such as shall happen to be weak and sick in their custody. It is therefore enacted that the masters or governors of the said houses of correction shall have such sum of money paid him yearly as shall be thought meet by the most part of the justices of peace within the said County at their quarter Sessions of the peace, the same to be paid quarterly before hand, by the treasurer aforesaid, during the time that the said masters or governors shall be employed in the service, the said master or governor giving sufficient security for the continuance and performance of the said service, which if the Treasurer shall neglect or refuse to perform, than the said master or governor of the said house of correction, shall by warrant from any two justices of the peace of the said County levye such sum or sums of money as aught to be paid to the said master or governor, by distress and sale of so much of the said treasurers goods, as the said money which shall be behind doth amount unto, rendering to the said treasurer the overplus, if any shall remain; and in defect of such distress, it shall be lawful for any two justices of peace as aforesaid to commit the said treasurer to the County gaol of the County, there to remain without bail or mainprize, until payment be had of such sums as is behind to the said master and governor, provided always that before any such warrant be granted for distraining of the said treasurers goods, or committing of his body, that it shall appear before the said justices of peace, either by confession of the party, or by testimony of two sufficient witnesses in the presence of the treasurer, that he hath so much money in his hands appertaining to the said uses as may satisfy the said masters or governor, and because there shall be the more care taken by all such masters of the houses of correction, that when the Country hath been at trouble and charge to bring all such disorderly persons, as aforesaid, to their safe keeping, that then they shall perform their duties in that behalf; It is therefore enacted that if they shall not every quarter Sessions yield a true and lawful account to the justices of peace of all such persons as have been committed to their custody, or any of them shall be troublesome to the Country by going abroad, or otherwise shall escape away from the said house of correction, before they shall be from thence lawfully delivered, that then the said justices shall set down such fines and penalties upon the said masters and governors, as the most part of them in their quarter Sessions shall think fit and convenient, and all fines and penalties not herein before limited shall be paid unto the treasurer and accounted for, by the treasurer aforesaid, and further that the said justices of peace of every County, or any two or more of them, twice in every year at the least, and oftener if there be occasion, shall assemble and meet together, for the better execution of this statute, and that some four or five days before their assembly and meeting, the said justices or the more part of them, shall by their warrant, command the Constables of every Barony, Town, Parish, Village, and hamlet, within the said County, or so many of them, as they in their discretions shall think fit, which shall be assisted with sufficient men of the same places, to make a general privy search in one night, within their said Baronies, Towns, Parishes, villages, and hamlets, for the finding out, and apprehending of the said Rogues, Vagabonds, wand'ring and idle persons, and that such Rogues, Vagabonds, wand'ring and idle persons as they shall then find and apprehend in the said search, shall by them be brought before the said justices, at their said assembly and meeting there, to be examined of their idle and wand'ring life, there to be punished according to a statute in the 33. year of King H. 8. in this kingdom, against Vagabonds, or otherwise by their warrant, to be sent or conveyed unto the said house or houses of correction within the said County, appointed and prefixed, there to be delivered to the master or governor of the said house, or to his Deputy or assignee, to be set to labour and work, at which days and times of assembly and meeting, so to be held by the said justices of peace, the Constables of the said Baronies, Parishes, Towns, Villages, and hamlets, shall then appear before the said justices of peace, at the said assemblies or meetings, and there shall account and reckon upon oath in writing what Rogues, Vagabonds, and wand'ring disorderly persons they have apprehended both in the same search, and also between every such assemblies and meetings, and how many have been by them punished, or otherwise sent unto the houses of correction, which if the said Constables shall neglect to perform, as also to convey safely all such Rogues, with all other idle or disorderly persons, at the charge of the Constablewicke as by the justices of peace warrants, shall be sent unto the houses of correction in the same County, that then they shall forfeit such further fines, pains and penalties, as by the said justices of peace or the most part of them shall be thought fit and convenient, not exceeding the sum of Forty shillings for every offence: And it is further enacted that all persons calling themselves scholars, going about begging, all idle persons going about in any Country, either begging or using any subtle craft, or unlawful games or plays, or feigning themselves to have knowledge in Physiognomy, Palmistry, or other like crafty science, or pretending that they can tell destinies, fortunes, or other like fantastical imaginations, all persons that be, or utter themselves to be proctor's, procurers, patentgatherers, or collectors for gaoles, prisons, or hospitals, all Fencers, Bearwards, common players of interludes and minstrels wand'ring abroad, all jugglers, all wand'ring persons and common labourers, being persons able in body, using loitering, and refusing to work for such reasonable wages as is taxed and commonly given in such parts, where such persons do, or shall happen to abide or dwell, not having living otherwise to maintain themselves, all persons delivered out of gaoles, that beg for their fees, or otherwise travel begging, all such persons as shall wander abroad, pretending loss by fire, or otherwise, all such as wand'ring pretend themselves to be Egyptians, or wander in the habit, form or attire of counterfeit Egyptians, shall be taken, adjudged and deemed Rogues, Vagabonds, and sturdy beggars, and shall sustain such punishments, as are appointed by the said statute made in the three and thirtieth year of King Henry the Eighth, cap. 15. in this kingdom, against Vagabonds, or be otherwise dealt withal, by sending them to the house of correction in the County where they shall be found, as to the justices of peace of the said County, or to any one, or more of them shall be thought fit, and for that many wilful people, finding that they have children, have some hope to have relief from the Parish wherein they have dwelled, and being able to labour, and thereby to relieve themselves and their families, do nevertheless run away out of their Parishes; and leave their families upon the Parish, for remedy whereof it is enacted that all such persons so running away shall be taken and deemed to be incorrigible Rogues and endure the pains of incorrigible rogues, and if either such man or woman being able to work and shall threaten to run away and leave their families, as aforesaid, the same being proved by two sufficient witnesses, upon oath, before two justices of peace in the County where they dwell or whither they run, that then the said person so threatening shall by the justices of peace be sent to the houses of correction, unless he or she can put in sufficient sureties for the discharge of the Parish, there to be dealt with as a sturdy and wand'ring Rogue, and to be delivered by the said justices at any of their meetings, or at their quarter Sessions, and not otherwise. And it is further enacted that if any Action of Trespass, or other suit, shall happen to be attempted and brought against any person or persons for taking of any distress, making of any sale, or any other thing doing by authority of this present Act, the defendant or defendants in any such Action or suit, shall and may either plead not guilty, or otherwise make avowry, cognisance, or justification for taking of the said distress, making of sale, or other thing doing by virtue of this Act, alleging in such avowry, cognisance or justification, that the said distress, sale, trespass, or other thing whereof the plainetiffe or plainetiffes complained, was done by authority of this Act, and according to the tenor, purport and effect of this Act without any expressing or rehearsal of any other matter or circumstance contained in this present Act, to which avowry, cognisance, or justification the plainetiffe shall be admitted to reply, that the defendant did take the said distress, made the said sale, or did any other Act of Trespass supposed in his declaration of his own wrong, without any such cause alleged by the defendant, whereupon the issue in every such Action shall be joined, to be tried by verdict of twelve men, and upon the trial of that issue, the whole matter to be given on both parties in Evidence, according to the very truth of the same, and after such issue tried, for the defendant or nonsuite of the plainetiffe, the sad defendant shall recover triple damages, by reason of his wrongful vexation in that behalf, with his costs also in that part sustained, and that to be assessed by the same jury, or by writ to inquire of damages as the same cause shall require. And it is further enacted that the justices of Assize, in their several circuits, shall have full power to inquire of all defects, defaults, and negligences of any justice of peace, or any other officer, person or persons whatsoever, in the not due execution of this Law, and also of all offences done contrary to the intent and true meaning thereof, and to punish the same by fine or imprisonment, or otherwise according to their discretions. Surety for the peace. CHAP. 56. 1. Dalton 140. Surety for the peace is the acknowledging of a Recognisance (or bond) to the King taken by a competent judge of Record for the keeping of the peace, and it is called surety, of the word securitas, because the party that was in fear is thereby the more secure and safe. 2. This surety for the peace, F. N. B. 7. 9 h. Lamb. 77. every justice of peace may take and command in two manners, or by a twofold authority. 3. First, as a Minister, commanded thereto by a higher authority, as when a writ of supplicavit, directed out of the Chancery or King's Bench, is delivered to his hands, upon this writ, that justice of peace, only (to whom such writ was delivered) is to direct his warrant to cause the party to be brought before him alone, to find sureties for the peace, and therein the said justice is to do in every behalf, according as the writ doth direct him. 4. Secondly, as a judge, (and by virtue of his office) and of his own power derived from his Commission, he may command this surety of the peace to be found, and that either of his own motion and discretion, or else at the request or prayer of another. 5. The justice of peace upon his own motion and discretion may (if he see cause) command surety for the peace to be found or may bind a man to the peace (and that against all the King's subjects, Upon discreton. Dalton 141. if the justice shall so think fit) in these cases following. 6. One that maketh an assault, or affray upon the justice of peace himself, the justice of peace may commit him to prison, 5. H. 7. 6. till he hath found sureties for the peace or if he please for the good behaviour. 7. So of such as in his presence shall make an affray upon another, P. R. 18. 19 or shall strick, or assault or offer to strick another. 8. So he may do of such as in his presence and hearing shall threaten to kill, beat or hurt another, or to burn his house. 9 So likewise may he do of such as in his presence, shall contend in hot words, P. R. 1●. for from thence oftentimes do ensue affrays and batteries, and sometimes mischiefs, yea manslaughters and murders. See Cromp. 761. 142. P. R. 4. 10. So also may he do of such as shall in his presence go or ride armed offensively or with an unusual number of servants or attendants, for these are accounted to be in affray and fear of the people, and a means of the breach of the peace, so of servants and labourers that shall bear any weapons, contrary to the statute of 20. R. 2. ca 1. 9 Ed. 4. 3. P. R. 18. 11. Also he may bind to the peace any other person by him suspected to be inclined to the breach of the peace. 12. If (out of the presence of the justice of peace) any man shall threaten to kill, Cromp. 135. & 143. P. R. 22. maim, or beat another, or do attempt or go about to do it, than any Constable (being present, or at the prayer of the other party) may arrest such offendor to come before a justice of peace to find sureties for the peace, Fit. bar. 202. and the justice may bind him to the peace. 13. If any Constable shall perceive any other persons, in his presence, 14. H. 7. 7. to be about to break the peace, either by drawing weapons or by striking or assaulting one another, or by assaulting the Constable himself, he may take assistance, and carry them all before the justice to find sureties for the peace, and the justice may bind them accordingly, and for default of sufficient sureties the justice of peace may commit them to the gaol, until they find such security. 14. If the Constable shall learn that certain persons be fight or quarrelling in a house, P. R. 22. he may break open the doors and arrest them, and bring them before a justice of peace to find surety of the peace, and the justice may bind them to the peace or in default of such sureties commit them to the gaol. Dalton 141. 15. Yea, the justice of peace (either upon his own discretion or upon any man's complaint) may make his warrant, for any such as have made an affray, though out of his presence, and may bind them to the peace or commit in default of sufficient sureties. 16. If one hath received a wound the justice of peace may take surety of the peace of the one, See Br peace 21. and the other (by his discretion) until the wound be cured, and the malice be over, Popham the Lord chief justice of England (an honourable and grave judge) did accordingly between james and Benton at Cambridge Assizes, 3. jacobi. 17. All such as shall go or ride armed offensively in fairs, markets, 2. Ed. 3. ca 3: or elsewhere, or shall wear or carry any guns, daggs or pistols charged, Dalton. 142. in disturbance of the peace or terror of the people, any Constable seeing this may arrest them, and may bring them before any justice of peace, and the justice may bind them to the peace, yea though those persons were so armed or weaponed for their defence, for they might have had the peace against the other persons whom they feared, and beside, it striketh a fear and terror in the King's subjects. 18. Also the justice of peace (upon his discretion) may bind to the peace a common Barretor, Ibid. and so he may Riotters. 19 If he that standeth bound to keep the peace hath broken, 21. Ed. 4. 40. or forfeited his recognizance, the justice of peace ought, and may of his discretion, to bind him anew, but that must not be done until the party be convicted of the breach of the peace, upon his recognizance, for before his conviction it resteth indifferent whether the recognizance be forfeited or no, but after that he is thereof convicted, Br. peace 17. the recognizance is utterly determined, Cromp. 42. and then he is to be compelled to find new surety, or else to be sent to the gaol. 20. So it seemeth if the justice of his own knowledge know that the party which was bound hath sithence his entering into bonds broken the peace, he shall be bound of new, and if he refuse to find new sufficient sureties he shall be committed to prison, Cromp. 141. & Br. recog. 21. 21. Also he that standeth bound to keep the peace, Dalton 14●. if his sureties be insufficient, the same justice or another justice of the peace may compel him to find better sureties, or else commit him to the gaol. 22. And in many of the former cases, the justice of peace ought (of duty, or at least in good discretion) to command the surety for the peace although the same be not required by any other person, and if any such person shall refuse to give such surety, the justice of peace ought to send him to prison, there to remain until he shall find such surety. 23. 9 Ed. 4. 3. Br. peace 8. If a justice of peace (upon his own discretion) shall cause one to be arrested to find sureties for the peace, and shall after let him go without taking surety, or binding him to the peace, yet the party hath no remedy, for an Action will not lie against the justice of peace, he being a justice of Record, See 9 H. 6. fo. 60. & 9 Ed: 4. fo. 3. Br. judges 2. 10. 24. A justice of peace may persuade a man to require the surety of peace against another, and he himself may grant a warrant for it, P. R. 18. Dalton 143. because it is no more than he might have granted of his own authority without any demand made, and it shall be presumed that he saw cause to do all this. 25. Also at the request or prayer of another, Upon request. the justice of peace may command this surety of the peace, and may grant his warrant for it. 26. But here the justice of peace must and aught to take an oath of the party that demandeth the peace, F. N. B. 7●. ●. which oath must be to this effect, scil. that he standeth in fear of his life, Dalton 143. or of some bodily hurt to be done to himself, or to have his houses burned (and that he doth not crave the peace, for any private malice, or for vexation, but of very fear, and for the needful safety of his body, or houses) for the words of the Commission herein are, Et ad omnes ills qui alicui vel aliquibus de populo nostro, de corporibus suis, vel de incendio domorum suarum, minas fecerint ad sufficientem securitatem de pace, etc. inveniendam, etc. 27. So as he that shall be threatened to be hurt in his body, scil. to be beaten, Ibid. wounded, maimed, or killed, the party so threatened may crave and have the surety of peace against the other. Ibid. 28. Also if a man do fear that another will kill, maim, beat, assault, or hurt him in body; he may crave the peace against such other person. 29. So if a man do fear that another will burn his house. 30. So if a man do fear that one will procure or cause any such hurt to be done him by another, Ibid. either in his body, or in his house, for the words of the recognizance be, non faciet neque fieri procurabit. Ibid. 31. So if a man lieth in wait to beat, kill, or hurt another it is good cause to require this surety, Cromp. 135. Ibid. 32. If a man be threatened to have his goods burned, it seemeth by the opinion of Master Fitz. that he may demand surety of the peace for this. 17. Ed. 44. Br. peace 22. 33. But where a man shall threaten to imprison another, it is holden that the peace shall not be granted, for this may be intended to be by legal process, but if one shall threaten another of his own wrong without any legal process to Imprison him by force and violence; it seemeth to me that this is good cause not only to grant security for the peace, but also for the good behaviour, for to threaten such imprisonment is within the words minas de corporibus, and like harm may happen to a man by hard imprisonment, as by cruel beating of him, and to threaten such imprisonment seemeth to be a good cause to avoid a deed, aswell as to threaten to kill or maim one, etc. 39 H. 6. Br. Duress. 9 Fitz. Na. Br. fo. 80. g. Dalton 144. 34. Where a master is in fear that another will hurt his servants, or his Cattles, or other goods, this surety of the peace shall not be granted by the justice of peace, but in this case Master Fitzherbert saith, the party may have a special writ out of the Chancery directed to the Sheriff, that he shall cause such person to find surety that he shall do no hurt nor damage to the other man in his body, or to his servants or goods, and if he will not find surety, that then he shall arrest and detain him in prison, until he shall find surety, and that the Sheriff shall certify all that he shall do thereupon into the Chancery, etc. and it seemeth the Sheriff ought to take such surety by recognizance, and yet if a man shall threaten to hurt my servant, or my wife, or child, I see no cause but that in their behalf I may crave the peace at the justice's hands, by the words of the Commission, and that the justice ought to do it. 35. If a man will require the peace, because he is at variance or in suit with his neighbour, it shall not be granted by the justice of peace. Br. Impris 41. P.R. 14. 36. Note also that the surety for the peace shall not be granted but where there is a fear of some present, or future danger, and not merely for a battery, or trespass that is past, or for any breach of the peace that is past, for this surety of the peace is only for the security of such as are in fear; ●●●●●metus, est presentis vel futuri periculi causa mentis trepidatio, so this surety is providere praesentia & futura, & non praeterita. 37. And as for a battery or other like trespass that is past, Dalton 144. the party wronged may have his Action of trespass or battery, etc. or may punish the offendor by indictment at the King's suit, and yet in such case the justice may, if the party hurt do pray it, or upon any good circumstance if he see cause, bind the party that made the affray to the peace. 38. If the justice of peace shall perceive that this surety for the peace is demanded merely of malice or for vexation only, Ibid. without any just cause of fear, it seemeth he may safely deny it as in common experience we find it, that where A. shall upon just cause come and crave the peace against B. and hath it granted to him, when B. shall come before the justice, B. likewise will crave the peace against A. and will perhaps surmise some cause, but yet will nevertheless be content to surcease his suit and demand against A. so as A. will relinquish to have the peace against him, here the justice of peace shall do well, as I think, not to be too forward in granting the peace thus required by B. but to persuade with him, and to show him the danger of his oath which he is to take, but yet if B. will not be persuaded, but will take his oath that he is in fear (where indeed he neither doth fear nor hath cause to fear) the justice may if he please upon such oath to grant the peace, and this oath shall discharge the justice, and the fault shall remain upon the party, but in such case I think it better discretion in the justice to forbear taking of such oath and the security for the peace then to grant it. 39 The Law hath conceived such an opinion of the peaceable disposition of noble men, Noble men. that it hath been thought enough to take one of their promises upon his honour, that he would not break the peace against a man, Br. contempts 6. 24. Ed. 3. 3. and 17. Ed. 4. 4. 40. And therefore if a man shall have cause to have the surety of the peace against a Lord of the Parliament, or such great and noble personage, he shall not have a warrant from the justices of peace to that purpose, nor yet have a supplicavit out of the Chancery directed to the justices of peace therefore, but if there be cause he may have a Sub poena out of the Chancery, of common right, as it seemeth, and there such Lord or noble man shall be bound to the peace, and yet if such Lord will not appear upon the Sub poena served, Fitz. subp. 20. it seemeth an attachment will lie against him upon such his default, Master Cromp. fo. 134. b. saith that it was held in the case of the Lord Cromwell in the Chancery about 18. Eliz. that an attachment lieth not against a Lord where he maketh default upon a Sub poena against him out of the Chancery, Dyer 315. seemeth to accord, but I conceive that this opinion is no Law, but that for a personal contempt in a noble man an attachment lieth, or he may be fined by the Court for his contempt. Co. 6. 53. 54. 11. H. 4. 15. Br. Rep. 19 41. But though it be true that the persons of Barons (who are peers of the Parliament) shall not be arrested (for, or in cases of debt or trespass) by their bodies, first in respect of their dignity, secondly, that the Law presumeth that they have sufficient lands and tenements wherein they may be distrained, yet in cases of contempt it seemeth they may be arrested by capias, or attachment, etc. Fitz. subp. 20. 42. Or else it seemeth that the party may crave the peace in the Chancery against such Lord or peer, sc. to have a supplicavit directed to the Sheriff, and that the Sheriff may and aught to execute the same, and that if the Sheriff shall not do his office therein, an alias plur. attachment lieth against him, F.N.B. 79. g. and if the Sheriff shall return, that such Lord is puissant, that he cannot arrest him upon such return, the Sheriff shall be grievously amerced (for he might have posse comitatus, sc. he might have levied 300. men by his discretion, if there had been need, Crom p. 134. to have aided him in such case) and if such Lord or peer who is by the Sheriff so arrested, shall refuse the arrest, and shall make a rescous, whereupon the Sheriff shall return a rescous, hereupon an attachment shall be granted out against such Lord, to arrest and take his body for such his contempt. Co. 6. 52. 53. 43. The same Law and remedy seemeth to be, where a man hath cause to have the surety of the peace against a Duchess, Countess, or Baronesse, for they are Peers of the Realm, and shall be tried by their peers, although in respect of their sex, they cannot sit in parliament, and they are in the same degree (as concerning their nobility and the privileges incident to their dignities) with Dukes, Earls, and Barons, but here note this diversity, sc. if such a woman being a Countess, or Baronesse, etc. by marriage only, shall marry again under the degree of nobility she hath thereby lost her name of dignity, together with the privileges of her said nobility also, as it seemeth, for in such a case, si mulier nobilis nupserit ignobili, deserit esse nobilis, Co. ibid. and that which was gotten by marriage may also be lost by marriage, for eodem modo quo quid constituitur, dissolvitur, but if she be noble by birth or descent, whomsoever she shall marry, yet she remaineth noble, for birthright est character indelebilis. 44. And yet by the courtesy of England, if women get to any degree of estate, they never lose it by marriage, but do still take place according to the estate of their first husband; but this matter of courtesy hath no place in legal proceed. Dalton 146. 45. Surety of the peace may be granted by the justice of peace against a Knight, and against all other lay persons, being under the degree of a Baron or peer of the Realm, and they shall be bound with sureties. 26. H. 6. 23. Br. Magne. 14. & 15. 46. Ecclesiastical persons (if they be not attending upon divine service) may be arrested for the peace, and they shall be bound with sureties, but whilst they are doing any divine service in the Church, Churchyard, or other place dedicated to God, they may not be arrested, 5. Ed. 3. 5. P. Arrests 1. See the stat. 1. R. 2. cap. 15. 47. Surety of the peace may be granted against the Sheriff, Dalton 146. Coroner, Escheator, and other such officers of justice, but Master Marrow adviseth that such persons be not bound, versus cunctum populum, but only against such person, as shall demand it, lest otherwise it should argue them unworthy of their offices. 48. One justice of peace may grant this surety to any man, Dalton 146. Lambert f. 80. against one of his fellow justices, but great discretion is herein to be used, otherwise he shall bring the office into contempt, and himself to reproof by it, saith Master Lambert, but although one justice of peace may take a recognizance of the peace of one of his fellow justices, yet if his fellow justice shall refuse to find such security, I cannot conceive that the justice of peace may commit his fellow justice, for inter pares non est potestas. 49. One justice of peace may demand this surety of the peace at the hands of his fellow justice against another man. 50. The wife may demand this surety against her husband, Wife Fitz. 80. f. Dalton 148. if he shall threaten to kill her, or outrageously beat her, or if the wife hath any notorious cause to fear that he will do so, and it shall be granted her by the justice of peace, or she may have it by supplicavit in the Chancery, Fitz. Na. Br. fo. 238. fo. Br. peace 23. 51. Ibid. The husband for the like causes may demand surety for the peace against his wife. 52. Dalton 147. Also the justice of peace upon his own discretion may in either of the aforesaid cases between the husband and the wife, especially happening in his presence, grant surety of the peace. 53. An Infant under the age of 14. years may demand this surety, Dalton 147. and it shall be granted him. 54. Ibid. Also this surety of the peace may be granted at the prayer of any person against a feme covert, or against an Infant, though he be under fourteen years of age, for if such an Infant hath discretion to demand the peace, etc. then hath he discretion to break the peace. 55. Ibid. But an Infant and a feme covert shall be bound by sureties only, and they themselves shall not be bound, and if they cannot find sureties, they shall be committed to prison until they have found sureties, and yet if an Infant shall be bound to the peace, etc. by recognizance taken by a justice of peace, Co. 10. 43. Cromp. 237. b. it seemeth he shall be estoped to avoid such a record, if he doth not avoid it during his minority, for it is not void but voidable, by audita quaerela. 56. Dalton 147. But if a feme covert shall be bound or acknowledge such a Recog. though her husband join therein with her, yet it is merely void, as to the wife, although she over liveth her husband. 57 If a man be of non sanae memeriae, Ibid. this surety shall neither be granted against him, nor to him upon his request, and yet if there shall be cause, the justice of peace upon his discretion, aught to provide for his safety. 58. A man that is lunatic, (scil. who at some seasons hath the use of reason, and at other times not) it seemeth this surety of the peace may be granted against him, and also that he may demand the same against another. See Co. 4. 124. & 11. 77. 59 And if one of non sanae memoriae, or a lunatic be himself bound by recognizance before a justice of peace to keep the peace, it seemeth such recognizance shall bind them and all others for ever. 60. A man that is deaf, dumb, and blind, shall not have this surety, Dalton 147. for he hath no understanding to ask it, and yet such a person, or any other person not having reason to demand the peace, if there because, the justice of peace upon his discretion ought to provide for their safety. 61. A man that is borne dumb and blind, may have understanding, Ibid. and therefore it seemeth this surety may be granted to him, or against him. 62. But a man that is borne dumb and deaf can hardly have understanding, for though the sight be the chiefest sense, yet by hearing we come chiefly to knowledge, and therefore it seemeth not grantable to him or against him. 63. And this surety of the peace may be granted against an impotent person, although he be such a one as is not like to break the peace himself, but he may procure another to kill, or beat one, and the common form of recognizance is to bind a man from procuring hurt, aswell as from doing hurt. Cromp. 134. 64. This surety of the peace may also be granted to or against a man attainted of treason or felony. 65. A man excommunicate may have this surety granted to him or against him. 66. So also of a man that is abjured the Realm, for notwithstanding the abjuration, he oweth the King his legiance and remaineth within the King's protection, and the King may pardon and restore him again, qui abjurat regnum, amittit regnum non regem, Co. 7. 9 b. 67. A man attainted in a praemunire may not have this surety granted to him in Ireland, but in England he may have it, for by a statute made in England in anno 5. El. ca 1. It is ordained that it shall not be lawful to kill such a one, but this statute is not of force in Ireland. Cromp. 134: P.R. 19 68 An alien borne, who is made Denizen, may have this surety, and so of an alien born who liveth in England, under the King's protection, although he be not made Denizen. Co. 7 17. 69. And so of an alien, whose King is in league with our King, or if there be no wars between this Realm and that Realm whereof the alien is, for by the common Law all these may get and have within this Realm any personal goods, and may sue for the same, and so have the benefit of the King's Laws and protection, but an Alien who is the King's enemy, Dyer. 2. (scil. where there is open war between our King and his King) shall not have such surety granted to him, nor any other benefit of the King's Laws. 70. Who shall be said to be an Alien, See Co. 7. 16, 17. 71. In calvin's case, 6. Co. 7. 18. jac. reg. there is a difference taken between antenatis and postnatis, in Scotland, where it is holden that antenatis in Scotland, sc. such as were borne there before that King's happy coming to the crown of England are here aliens borne, the reason is, for that at the time of their birth they were under the legiance of another King, and he could not be a Subject borne of the Kingdom of England, that was borne under the legiance of a King of another Kingdom, and yet it is manifest that antenatis being the King's Subjects, are herein provided for, by the Commission itself, the words whereof are, & ad omnes illos qui alicui vel aliquibus de populo nostro, etc. of which number antenati be, so as they may and aught to have this surety granted them as well as any other Subjects, See Dyer fo. 304. 72. But it may be questioned, whether an infidel, pagan, or jew, Co. 7. 17. shall have this security granted them, for in law they are perpetui inimici, there is perpetual enmity between the Christians and them, and there can be no peace, neither can they get any thing within this realm, nor maintain any action at all, 12. H. 8. 4. 73. A villain may have this surety of the peace against his Lord, and the Lord may have it against his villain, and yet it maketh no manuimission, although it were demanded by the Lord without any protestation, etc. How this Surety of the peace may be commanded, and how the same commandment shall be executed. CHAP. 57 1. THe justice of peace may command this surety of the peace, either by word only or by writing. 2. By word only the party being in his presence, as if in the presence and hearing of the Iust. of peace one man doth threaten another, or shall make an affray, or assault upon another, 14. H. 7. 8. or do some other like thing, tending to the breach of the peace, the justice of peace may command him by word to find sureties for the peace, and for want of such sureties may commit him to prison until he shall find the sa●e. 3. Also if one shall demand this surety against another, 14. H. 7. ●. who is then in the presence of the justice of peace, and will be sworn that he is afraid of him, the justice may by word command him to find sureties for the peace. 4. And the justice of peace in such cases, 14. H. 7. ●. ●. may by word only command the Constable or any known officer (or his own servant) being then present, to arrest such party to find sureties for the peace, and if the party shall refuse to find such sureties, than the justice of peace may commit him to the gaol. 5. By precept or warrant in writing and under seal, and this must be directed to some officer or other indifferent person, By writing. and must contain the cause, and at whose suit, to the intent the party to be bound may provide his sureties, and take them with him; The form of which precept, See postea tit. Warrants and Precedents. Co. 5. 59 6. The justice of peace may make his warrant to bring the party before himself to find surety for the peace, by the opinion of Wray chief justice, Br. peace 9 for he that maketh the warrant, for the most part, hath the best knowledge of the matter, and therefore is the fittest to do justice in that case, and yet the most usual manner is, to make such a warrant, to bring the party before the same justice or some other of the justices of peace of the same County, 21. H. 7. 21. etc. and judge Fineux his opinion was, that where a justice of peace doth make a warrant for the party ex officio, there the party may choose to appear before him, or any other justice in that County, and that the party may have his action of false imprisonment against the officer, if he do otherwise compel him. How it shall be executed. 5. Ed. 4. 13. 7. The Constable (or other officer) before he arresteth the party upon such a warrant, ought first to acquaint him with the matter, and withal to require the party in the King's Name to go (with him) before the justices to find sureties according to the warrant, and if the party shall refuse either to go before the justice, P. R. 20. and Cromp. 235. or to find sureties, than the officer may arrest him, by virtue of that warrant, and may convey him to the gaol, without carrying him to any justice of peace, and there the party shall remain, until he shall voluntarily offer and find sureties. 8. But if the party shall yield to go and find sureties, than the officer may not absolutely arrest him, but yet the officer is not bound to go up and down with him to find sureties, but may keep the party until he can procure sureties to come to him, yet if afterwards the party shall make any resistance, or shall offer to go his way, than the officer may arrest him, and by virtue of that warrant, may carry him to the gaol, and may also imprison him in the stocks, until he can provide aid to convey him to the gaol. 14. H. 7. f. 10. 2. Br. peace. 9 When the party cometh before the justice of peace by force of this warrant, or by force of any other warrant for the peace, or good behaviour, or for a riot, or the like, the party must offer sureties to the justice of peace or else the justice may commit him to the prison, for the justice needeth not to demand surety of him. 10. Also after that the party shall be brought before the justice, if before him he shall refuse to find sureties, the officer without any new warrant or commandment may carry the party to prison, co. 5. ●●. and that by the words of the first warrant, (and if he shall refuse this to do, that then, etc.) see the form of the warrant in the title of warrants and precedents. 11. If the officer do arrest the party, 5. Ed. 4. 6. P. R. 20. and do not carry him before some justice of peace to find sureties, etc. or upon the refusal of the party, if the officer shall arrest him, and do not carry him to the gaol, in both these cases, the officer is punishable by the justices of peace for this neglect (by fine at their Sessions) and also the party arrested may have his Action of false imprisonment for the arrest, for where the officer doth not pursue the effect of his warrant, his warrant will not excuse him of that which he hath done, 21. H. 7. 23. a. See 3. H. 7. fo. 3. b. Bryan. 12. And if the party be imprisoned for default of sureties, and after he that demanded the peace against him happen to dye, or shall release the party, it seemeth in these cases the justice of peace may make his liberate or warrant for the delivery of such prisoner, for after such death, or release, there seemeth no cause to continue the other in prison, also any justice of peace may upon the offer of such prisoner, take surety of him for the peace, etc. and may thereupon deliver him. 13. It seemeth by some opinions, 4. Ed. 4. ●6. 2. H. 7. 24. Br. privilege 35. & 52. Lambert 96. that if the party imprisoned for not finding sureties, hath a suit depending in the common place, he may by the course of that Court by a writ of privilege be discharged of his imprisonment, if the other party be not ready in the Court at the day of the return of the writ, to pray sureties of the peace, but if upon the return of the habeas corpus the cause be returned as it ought to be the Court will not discharge him without finding such surety, for he that demandeth the peace is not to have notice of the removing of his body, and then how can he be ready in the Court of common place at the day, and therefore it were a hard case that he should be so defeated of his surety. 14. If the party hath gotten sureties, then if the warrant proceed ex officio (and not upon the writ of supplicavit) and be a general warrant, scil. to come before me, or some other justice, Co. 5. 59 Br. ex●mp. 11. Br. peace. 9 the party may go before any other justice of peace, to offer his surety, yet he shall not enforce the officer to travel to a justice out of the division or limit where they be dwelling without good cause; Nay it is at the election of the officer (who is the minister of justice) to carry the party attached, to any other justice of peace that he will, for it is more reason to give this election to the officer, who in presumption of Law is a person indifferent, and is sworn to execute his office duly, then to give the election to the delinquent himself, who by presumption will seek shifts, and to weary the Officer. 15. If the other justice of peace, before whom the party so attached shall come, shall refuse to accept and take such surety being offered to him, this is punishable in the Starchamber, for such justice of peace ought to take of him such sureties, and to bind him by recognizance, but yet that must be done in such sort in all points, as the form of the former precept doth require, Supersedeas by a justice of peace. and thereupon the same other justice of peace (having so taken surety for the peace, may and aught upon request, to make his supersedeas to all officers, and to all other the justices of peace of the same County, and thereby the said party shall be discharged from finding other surety, Cromp. 145. and from any other arrest for the same cause, but by such supersedeas that other justice cannot discharge the first warrant of the first justice until the party be bound indeed, nor can give any other day to the party to appear at any other Sessions, etc. Dalton 151. 16. Also a justice of peace of the County by a Supersedeas cannot discharge a warrant awarded by his fellow justice by force of a supplicavit to him directed out of the Chancery or King's Bench, to take the surety of the peace of one resident in that County. Ibid. 17. Also when a man doth fear that surety of the peace will be demanded against him in the Country, or doth hear that such a warrant for the peace is granted already out against him, by a justice of peace, it seemeth in either of these cases, he may go and give surety of the peace before any other justice of peace of the same County where he dwelleth, and thereupon may have a supersedeas from that justice of peace, etc. but in such case it is fit that such party be urged by such justice to put insufficient sureties, and that he be bound towards the King, and all his people, and to appear at the next Sessions. Ibids. 18. If any officer having a warrant from a Iust. of peace to arrest a man to find surety of the peace, shall receive a supersedeas (out of the Chancery, or King's Bench, or from any justice of the King's Bench, Dalton 152. or from any justice of peace of the County) to discharge the same surety of the peace, Lamb. 101. and yet nevertheless will urge the party (by force of his warrant) to find (new) surety for the peace, the party may refuse to give it, and if he be arrested or imprisoned for such refusal, he may have his action of false imprisonment against such officer, for such supersedeas is a discharge of the former precept or warrant. 19 The form of a Supersedeas granted by a justice of peace you may see, postea tit. Warrants and Precedents. 20. And this Supersedeas is sufficient, though it never name the sureties, nor contain the fummes wherein they are bound, but yet it is the better form to express them both. F. N. B. 81. 2. and 238. Supersedeas from above. 21. If the party shall mislike to be (or stand) bound to the peace, by the justice of peace in the Country, then may he (either before, or after, that he is bound in the Country) go or send up to Dublin, and there give surety for the peace (either in the King's Bench, or in the Chancery) and thereupon the party may have a Supersedeas (our of that Court) where he hath given such surety, to restrain the justice of Peace of the Country from taking any surety of the peace of him, and then the justices of peace of the Country, after the receipt of such Supersedeas, must forbear to make any warrant for the peace against the party, and if any justice of peace have granted out any such warrant against the said party, the said justice may make his Supersedeas to the officers, thereby commanding them to surcease to put his former warrant in execution, and so to discharge it and to discharge the party of any arrest, or imprisonment thereupon. 21. The form of a Supersedeas for the peace out of the King's Bench, See lib. Intr. 454. 22. For the form of a Supersedeas for the peace, out of the Chancery, See Fitz. Na. Br. 238. c. and Register 89. 23. Note that this Supersedeas out of the Chancery may be procured at any time in the vacation, and out of the term, Fitz. Na. Br. 236. a. 24. If the justice of peace shall not furcease, after a Supersedeas (out of the Chancery, or King's Bench) to him delivered, an attachment will lie against him for such contempt, a●● besides he may be fined and imprisoned for it. 25. Yea such a Supersedeas, coming out of those high Courts to the justices of peace, they ought thereupon to surcease, although such a Superdeas should be awarded against Law. 26. If such Supersedeas shall be directed to the justices of peace and Sheriff, that justice to whose hands it shall be delivered, may keep it and may deliver the label to the party. 27. And in these and like cases, Dalton 153. the justice of peace shall do well to send to the next general Sessions of the peace, aswell the said Supersedeas, if it come to his hands, as also the recognizance which he hath formerly taken of the party, if he had taken any, for peradventure the recognizance was forfeited before the Supersedeas was purchased, or if it were not forfeited, yet the conusor is not endamaged thereby. 28. Ibid. If the party shall procure such Supersedeas out of the Chancery, or King's Bench, after that he is bound by recognizance before the justice of peace, to keep the peace, etc. and to appear at the next Sessions, he ought to appear in person and there show his Supersedeas, Cromp. 139. and pray allowance of it, and thereupon he shall be discharged, but if he fail to appear his recognizance will be forfeited notwithstanding his Supersedeas. 29. But if the party were bound (before the justice of peace) to keep the peace against all men during his life, and not to appear, Dalton 153. and shall after procure such a Supersedeas, testifying that he hath found such surety in the Chancery, etc. against all men for ever, and shall send this to the Sessions, this shall discharge his bonds without his personal appearance at the Sessions. 30. 28. H. 8. Dyer. ●o. 29. A man being arrested by the Sheriff upon a capias found sureties for his appearance at the day, and after there came a Supersedeas to the Sheriff, and it was moved whether it were necessary for the defendant to appear or not, or that this appearance and surety were discharged by the Supersedeas, Lib. Int. 453. and the opinion of that Court was, that he ought to appear for the saving of his bond, also the precedents of Entries are, that the party bound did show his Supersedeas in Court and prayed allowance thereof, and was thereupon discharged. Now concerning the recognizance for the peace. CHAP. 58. 1. THis recognizance Recognisance. which the justice taketh for the keeping of the peace, is rather of congruence then by any express authority given them, Fitz. Na. Br. 82. a. 7. H. 7. 34. 2. And this recognizance for the peace, if the justice of peace doth take it, by force of the writ of supplicavit, than he ought to execute it, and to do in all things as the writ directeth him, but where such writ prescribeth 〈◊〉 the same, etc. or such like, that resteth in his own discretion. 3. But if he taketh the recog. ex officio, and by force of the Commission (and so is a judge, not as a minister) than it resteth in the discretion of the same justice of peace wholly to appoint and allow the number of sureties, their sufficiency in lands or goods, the sum of money wherein they shall be bound, and to limit the time how long the party shall be bound, and such other circumstances. 7. H. 4. 34. 4. In the book 7. H. 4. fo. 34. you shall find the principal to be bound in 1000 l. and four sureties, every one of them in one thousand marks before justices of peace for the keeping of the peace. 5. The justice of peace may examine upon their oaths the sureties concerning their sufficiency, Br. imp. 18. and that seemeth to be the usage in the Courts at Westminster, and Master Crompton saith, that the justices of peace in their Sessions may do it. Cromp. 194. 6. The most usual manner, and safest way for the justice of peace is to take two sureties at the least (and those subsidy men) besides the party himself, and to bind them by recognizance to the King, viz. domino Regi, and it must always be for the keeping of the peace. Lamb. 104. 7. And yet by the opinion of Master Marrow (who was in the time of King H. 7.) a justice of peace might have taken this surety by a gage pawned to him only, but this is not the course at this day, but the security ought to be by recognizance. 8. Also by his opinion a justice of peace might have taken this surety by an obligation made to himself by the name of a justice of peace but this course is not now in use, and the safest way is by recognizance, which is the usual way, for via trita is via tuta, and to ground his proceeding upon conceits. 9 Yet if a justice of peace had enjoined a man upon pain of 20. l. to keep the peace, this had been nothing worth, but in this, F.N.B. 81. d. and the former two cases, and the like, this one general ground or reason may be given for all, sc. that a man cannot be bound to the King, but only by matter of record, and therefore such surety taken by gage or obligation, or such enjoining of the peace seemeth nothing worth to bind the party. 10. A justice of peace may take a recognizance (and thereby may bind the party) to keep the peace for one year, or for a longer time (by his discretion) yea he may bind the party during his life, upon reasonable cause. 11. If the recognizance be made to keep the peace (generally) without any day or time limited, it shall be construed to be during the party's life. 12. A justice of peace intending to take a recognizance for the peace, and yet maketh no mention therein, Dalton 155. nor in the condition thereof, that it is for the preservation of the peace, it seemeth to be void, as being taken coram non judice, for a justice of Peace hath no authority to take a recognizance generally, but for matters concerning his office specially. 13. If the Recognisance be, that the party bound shall not beat nor maim A. yet it is not good, Ibid. because it ought to be for the keeping of the peace, generally, and the peace may be broken by burning the house of A. or the like. 14. If the Recognisance do not limit any time of appearance, but be generally to keep the peace, yet it is good, for the time of appearance is referred to the discretion of the justice, and the chief scope is, the keeping of the peace by Master Marrow. 15. Also, by his opinion, if the Recognisance do limit a time of appearance, but therein is no person named, before whom the party so found shall appear, then may he appear where he will, before that justice of peace which took the recognizance, ibidem. but in that case I think the Condition is void by reason of the incertainty. 16. But in the two last cases, if a recognizance should be taken in such manner at this day, I should think it safe for the party to appear at the next Sessions for the peace, and there to record his appearance, but to avoid these doubts, let the justice of peace express that the party shall appear before his Majesty's justices of peace at the next general Sessions of the peace to be holden in that County, or at the next general Assize and gaol delivery before his Majesty's justices of gaol delivery in that County, and in so doing these scruples are avoided. 17. If the Recognisance be to appear at any other Sessions after (and not at the next Sessions) yet the Recognisance is good, Crom. 141. P. Iust. 106. and yet by the statute of 3. H. 7. cap. 1. It is enacted that every Recognisance taken for the peace, by the justice of peace ex officio shall be certified (sc. sent or brought in) at the next Sessions of the peace, and there delivered to the Custos Rotulorum, or else the justice of peace is fineable, but it doth not therefore follow that every Recognisance taken for the peace ought to be to appear at the next Sessions, but that it ought to be brought in, and then the party may be called at the time expressed in the Recognisance and not before. 18. If the Recognisance be in Twenty pounds to be levied of his lands only, or of his goods only, yet it is good, and these words (only may seem void) for the acknowledgement of the Recognisance (before a competent judge) both maketh it a debt, Dalton 1 55. and implieth the ordinary means of Law to come to it. 19 If the Recognisance be to keep the peace towards the King, and all his people, but not towards any person certain, yet it is good. 20. So if the Recognisance be to keep the peace towards A. only, F.N.B. 80. g. Cromp. 141. it is good, or to keep the peace towards A. and his servants, without being bound toward the King, and all his Subjects, it is good enough. 21. But the best form is to bind the party to keep the peace towards the King and all his people, for first the words of the Commission are to find surety, erga nos & populum nostrum, and again, the common usage is so, and besides it may prove dangerous to the party who hath cause to crave this surety of the peace, for the other party who shall give just cause to crave this surety against him (because he will not be bound to the peace towards him that prayeth it) he will perhaps pray to bind himself to the peace to A. who is his Companion, and then if the justice of peace shall so bind him, then may he and A. go to another justice of peace (and that peradventure within one week) and there A. may release him of the peace, and so the party that first prayed the peace, trusting that he is still bound, may be after beaten, maimed, or slain by him or by his procurement. 22. So than though the Recognisance being taken in any manner or sort aforesaid may prove sufficient to bind the party to the King, yet peradventure it will not excuse the justice of peace from blame, and therefore it is safest for the justice of peace to follow the received form. 23. The form of the Recognisance for the Peace you shall see postea tit. Warrants and Precedents. 24. The Recognisance for the peace being thus taken, if it were by a writ of supplicavit, the justice ought to return the writ, and to certify, under his Seal, his doing therein into the Court from whence the supplicavit proceeded, and he may also send such Recognisance, so taken by him, with this certificate, or else he may keep the Recognisance in his hands still, until he shall receive a Certiorari out of the Chancery directed to him for removing of this Recognisance. 25. But if this recognizance for the peace were taken by the justice of peace ex officio, 3. H. 7. ca 1. P. Iust. 106. than the justice of peace ought to certify (send or bring) the Recognisance to the next Sessions of the peace, so that the party bound may be called thereupon, and that if the party make default of appearance, the same default may be then recorded, and the recog. with the record of such default shall be estreated into the Exchequer, 3. H. 7. ca 1. Recog. forf. that from thence process may go out against the party, and so ought it to be, if it be presented that the party hath forfeited his recognizance, by breach of the peace. 26. If the justice of peace shall not certify such recog. at the next Sessions by the said stat. 3. H. 7. ca 1. he is to be fined at the discretion of the Court, and yet see Brook tit. Peace 11. that the justice shall forfeit 10. l. if he shall not certify the Recog. of the peace at the next Sessions, but Brook there mentioneth the stat. 3. H. 7. ca 3. which stat. of 3. H. 7. ca 3. was only for bailement of prisoners and certifying the same, and not for Bonds of the peace. 27. Cromp. 169. If he which demanded the peace shall release the peace before the next Sessions, yet the justice of peace ought to certify the Recog. together with the Release, for peradventure it was forfeited before the Release made. 28. 2. H. 7. 1. ●●●. 11. Fit. N. B. 8. 1. Recognisance removed. Also he that demandeth this surety may by a Certiorari remove such Recog. into the Chancery before the justice hath certified the same to the Sessions, and then the justice shall be excused for not certifying the same to the Sessions. 29. If the justice of peace were deceived in the sufficiency of the sureties, Dalton 157. the same justice of peace or any other justice of peace may afterwards compel the party to find and put in more sufficient surety, and may take a new Recog. for the same, for that the precept is ad inveniendum sufficientem securitatem, but if the sureties dye, the party principal shall not be compelled to find new sureties. What thing shall discharge this Recognisance (of the peace) or the party of his appearance at the Sessions. CHAP. 59 1. A Supersedeas out of the Chancery, etc. will not discharge the party of his appearance, but he ought to appear and show the Supersedeas in Court, and thereupon he shall be discharged, as is before declared in this Title. 2. He that is bound to the peace, and to appear at a certain day, 30. H. 6. 26. he must appear at the day, and record his appearance, Br. s●rety ●●. although he who craved the peace cometh not in to desire that it may be continued, otherwise the recog. shall be forfeited. 3. And if a man be bound to keep the peace towards the King, and all his people, but not towards any certain person, and to appear at such a Sessions, the Court at that Sessions may make Proclamation, etc. and if no person cometh to demand the peace against him, than the Court may discharge him, but if a man be bound as aforesaid, and especially to keep the peace towards A. there though A. cometh not in, to desire that the peace may be continued, yet the Court by their discretion shall do well to bind him over till the next Sessions, and that may be, to keep the peace against A. only if they shall think good, for it may be that A. who first craved the peace is sick, or otherwise letted, so as he cannot come to that Sessions, to demand the continuance of the peace. 4. If the justice of peace shall not certify the recog. to the Sessions, yet the party ought to appear, and to record his appearance, for if a Sheriff arrest one upon a capias, and take bonds for his appearance, at the day the writ is returneable, and the Sheriff returns not his writ, etc. yet the party must appear to save his bond 18. Ed. 4. 18. Cromp. 134. 5. If the party that is bound to appear be so sick as that he cannot appear, nor by any means travel at the day, upon due proof of such his sickness, the justices of peace shall forbear to certify or record such default, for impotentia in this and such like cases by the hand of God excusat legem. Cromp. 144. 6. If the husband be bound that he and his wife shall appear at such a Sessions, and that they shall keep the peace in the mean time, etc. and at the day the husband doth appear, but not his wife, here Master Cromp. saith the recog. is not forfeited, for if there shall be cause to continue the peace against the husband and wife still, the husband shall be bound and not the wife, and therefore the wives personal appearance seemeth not greatly material. 21. Id. 4. 40. 7. If a man be bound to the peace during his life, or generally without any time or day limited, it seemeth that neither the King the justice of peace nor the party can discharge this recog. during the life of the party so bound, by release or otherwise. Br. peace 17. 8. The justice of peace who upon his own discretion hath compelled him to find sureties of the peace until a certain day, and hath taken recog. for his appearing, etc. may upon the like discretion release the same before the day, and such a release will discharge the recog. taken by that justice if it were not forfeited before, but yet the justice of peace ought to certify the Recognisance together with his release, and this certificate will discharge the appearance of the party. 9 If a justice of peace shall grant the peace at the request of another (scil. at the suit of A.) and the recognizance be taken to keep the peace against B. only, then before the next Sessions may B. only release it, and none other, and that release being certified with the recognizance at the next quarter Sessions, will discharge the party so bound of his appearance, so as he shall not be called upon his recog. for that release being so certified, is now become of record aswell as the recognizance. 10. B● p●●●● 17. If the Recog. were to keep the peace versus cunctum populum, & precipuè versus A. yet may the same A. release it, for although this may seem popular, and that all others should have interest therein aswell as A. yet it appeareth by the word precip●●è that it was especially taken for his safety, but the contrary was holden by all the justices 21. Ed. 4. 40. saith Master Lambert, nevertheless the usage now is a●d long hath been that A. may release the peace, but having perused the book in 21. Ed. 4. fo. 40. I find the word precipue is not there, but it is toward A. & cunctum populum; So as that opinion may be Law, and yet not contrary to the common usage, for the word precipuè doth appropriate the recognizance to be chief for the safety of him that prayeth the peace. 11. But (in those former cases) although this surety of the peace be released, yet the recog. shall not be canceled by the justice of peace, for peradventure the recog. was forfeited before such release was made, and therefore the justice of peace shall do best to certify such recog. with the release together to the next quarter Sessions. 12. The form of the release of the justice of peace, and the form of the release of the party you may see postea in the title of Warrants & Precedents. 13. Note that the party that first demanded the peace, may release the same, either before the same justice of peace that took the recog. or before any other justice of peace. 14. Note also that to release such surety of the peace by deed under his hand and seal is nothing worth, but it must be by acknowledgement before a justice of peace. 15. Note also that the King cannot release or pardon the surety of the peace nor such recog. taken in the behalf of any of his subjects, until it be forfeited, for the mischief that may come to the party thereby, but being forfeited, than the King and none other may release and pardon the forfeiture. 16. But the death or resignation of the King dischargeth this surety of the peace taken by his subject, 1. H. 7. 1. Br peace 15. Br. Cor. 21. for the recog. is to keep the peace of the King then being, and when he is dead, etc. it is not his Peace. 17. Also the death of the Recognisor (scil. the party principal that is bound) dischargeth this surety of the peace, and the recog. if it were not forfeited before his death. 18. Also the death of the party, at whose suit the peace was taken, dischargeth the recog. if it were to keep the peace against him alone, if it were not forfeited before his death. 19 But yet in these three former cases, such death should not discharge the recog. if it were forfeited before, and therefore it shall be best for the justice of peace to send to the next Sessions such recog. (notwithstanding such death) else the King may be defrauded of a forfeiture if any were before. 20. The death of the sureties shall not discharge the recog. neither shall the party principal be compelled to find new sureties after their death, 21. Ed. 4. 4●. Br. peace 17. for if the peace be broken after their deaths, their executors shall be charged therewith, and so there is no mischief by their deaths, if they were sufficient, but if the sureties were insufficient than the principal shall be compelled to find new sureties. 21. Ed. 4. 40. 10. H. 7. 11. Br. Recog. 21. 21. If the King and the Recognisor be at issue upon the breach of the peace, and the King waives the issue, yet is not this recog. discharged but remaineth in force, and may be sued again upon a new breach of the peace afterwards. What Act shall be (or makes) a forfeiture of the Recognisance taken for the peace. CHAP. 60. 1. Whatsoever Act is an express breach of the peace, the same is a forfeiture of this recognizance. 2. And first this breach of the peace may be committed by using any fearful or threatening speeches to another, 18. Ed. 4. 28: Br. peace 16. therefore all menacing or threatening to kill, or beat another, to his face, is a forfeiture of this recog. otherwise if the party so threatened be absent, and yet if the party so bound shall threaten to kill or beat A. who is absent, and after shall lie in wait for him to kill or beat him, this is a forfeiture of his recognizance. 3. So also to strike at, or offer to strike at a man, although he never hurt nor hit him, Dalton 160. is a forfeiture of his Recognisance. Ibid. 4. Much more all affrays, or violent or malicious batteries, strikings, beat, wound, or other misintreating of the person of another are forfeitures of this Recognisance. 5. The difference of these three, viz. menacing, assaulting and beating, Ibid. are these, viz. menacing beginneth the breach of the peace, assaulting increaseth it, and battery accomplisheth it. 6. If he that is bound do but command or procure another to break the peace, and that it be indeed done, this is a forfeiture of this Recog. Br. Peace 20. 7. All imprisonment or arresting of another without warrant, is a forfeiture of this Recognisance. 8. So to thrust another into the water, whereby he is in danger of drowning. 9 So to ravish a woman against her will. 10. So to commit any Burglary, robbery, murder, or manslaughter, all which are to the person of another, or to procure the same, all, and every of these are forfeitures of this recog. 11. So to commit any Treason against the person of the King. Marrow lect. 7. 2. H 7. 2. b. 12. Note that the Act which must make a forfeiture of a recog. for the peace, must be done or intended to the person of another (by the opinion of Master Marrow.) And the book 2. H. 7. importeth as much, saying, that this surety of the peace is not broken without an affray, fight, beating, or the like. 13. Also to be riotously assembled, Marrow. is a breach of the peace and a forfeiture of this recog. nay if two justices of peace shall record a riot upon their view (against a man so bound to the peace) although it were no riot, etc. yet he cannot plead not guilty in a scire facias upon his Recognisance. 14. Also to wear armour, or weapons not usually worn, or to go with an unusual number of attendants, seem also to be a breach or means of a breach of the peace, and a forfeiture of this recog. for the peace, for these strick a fear and terror in the people, and be in effray del pais, See Br. Surety 12. 15. He that is bound to the peace ought to carry himself well in his behaviour and company, yet the having of weapons or company unusual are in some cases allowed, and lawful, and are no breach of the peace, as in executing of any legal authority by magistrates or by any other of the King's officers or ministers of justice. 16. Battery justificable. Also though assaults and batteries be for the most part contrary to the peace of the Realm, and the Laws of the same, yet some are allowed to have a natural, and some a civil power (or authority, over others) so that they may (in reasonable and moderate manner only) correct and chastise them for their offences without any imputation of breach of the peace, yea they may by the Law justify the same. 17. And therefore the parent, with moderation may chastise the child within age. 18. So may the master his servant, or apprentice. 19 So may the schoolmaster his scholars. 20. So may the Gaoler, or his servant by his commandment, his unruly prisoners. 21. So may any man his kinsman that is mad, etc. and none of these shall be in peril therefore to forfeit any recog. of the peace. 22. And where the servant shall be negligent in his service or shall refuse to do his work, etc. there the master may chastise his servant for such negligence or refusal, so as he doth not it outrageously. 23. But if the servant shall departed out of his master's service, 38. H. 6. 25. and the master happen after to lay his hands on him, yet the master in this case may not beat, 5. El. 4. P. Labourers. or forceibly compel his said servant against his will to return or tarry with him, or do his service, but either he must complain to the justices of peace, for his servants departure, or he may have an Action upon the statute of Labourers against his servant if being required to do his service he shall refuse it, See anteà tit. Labourers. 24. And as the Master without the breach of the peace, cannot by beating or force compel his servant to serve against his will, no more can a Lord, 21. Ed. 4. 6. li. Intr. b. 13. or guardian in Chivalry compel his Ward, by beating, or by force to come unto him or to tarry with him against his will. 25. Also the schoolmaster may chastise his scholar with a rod, which is careless and negligent of his learning, 22. Ed. 4. 45. 22. Ass. p. 5. 6. or that shall abuse his schoolefellowes, or for other the like occasions. 26. Also it is lawful for the parents, kinsmen, or other friends of a man that is mad or frantic (who being at liberty attempteth to burn a house, or to do some other mischief, or to hurt himself or others) to take and put him into an house, to bind or chain him, and to beat him with rods, and to do any forceible Act to reclaim him or to keep him so as he shall do no hurt. An officer. Li. intr 612. Stam. 13. 14. 21 H. 7. 39 27. Also if a Constable, Sergeant, Bailiff, or other officer of justice, or any other being of their company, for the better executing of their office, shall be forced to strike any one that will not yield to their arrest, or that shall resist, or fly from their arrest, they shall not be in danger to forfeit any recog. of the peace by any such assault, or striking, but may well justify such Act. Li. intr. 611. 16. Ed. 4. 11. 12. Ed. 4. 6. 28. Also it is no breach of the peace, for any private man to beat, strike, or wound another, in defence or safeguard of his own person from killing, wounding, or beating, but is a thing justifieable, and yet it seemeth if another shall assault me, if I may escape with my life, or without being wounded, maimed, or hurt, it is not lawful for me to hurt or wound the other, who first made the assault, but I must first fly, or go from him as fare as I can. 25. Ed. 3. 42. 2. H. 4. 8. 33. H. 6. 18. Br. trans. 28. 71. Cromp. 137. 29. If two or more do agree together to play at Barriers, Backsword, Bucklers, Football, or the like, and one of them doth wound or hurt the other, the party hurt shall have no Action of Trespass against the other, for that it was by consent, and to try their valour, and not to break the peace, Fitz. Barr. 244. 30. Yet if such a man were before bound to the peace, such Act seemeth to be a forfeiture of his recog. See Br. Coron. 229. for although such sports be suffered, yet they are not lawful. In defence of others. 31. Also it is no breach of the peace for a man to beat him that doth assault, and would beat, wound, or evil entreat his wife, father, mother, master, but is justifieable. 32. So if the wife shall beat him that assaulteth, and would beat or evil entreat her husband, this is justifieable. 33. So if the father, or mother, shall beat him that assaulteth, and would beat or evil entreat their child being then within age and not able to defend itself. 34. But though the servant may lawfully beat him that doth assault, and would beat, or evil entreat his master or mistress, yet the servant cannot justify the beating of another in defence of the father, mother, brother, sister, son, or daughter of his master or mistress, for he oweth no obedience to any of them. 35. By some opinions the master cannot justify the beating of him that doth assault, and would beat his servant, Pr. 5. f. justify 3. but the master with a sword, staff, or other weapon may defend his servant assaulted from being beaten, in respect of the loss of his service, yet Master Lambert and Master Crompton are of opinion, that the master may beat another in defence of his servant, Cromp. 136. which seemeth to be the better opinion, by reason of the loss which the Master shall sustain by the wounding of his servant. 36. Lamb. 131. But the farmer or tenant cannot justify such an Act in defence of his landlord, nor a Citizen, etc. in defence of the Mayor, (or Bailiffs) of the City, or Town corporate where he dwelleth, unless it be in the legal execution of their offices. 37. 9 Ed. 4. 28. 19 H. 6. 31. 63. Li. intr. 611. In defence of my goods. Also the Law doth tolerate a man to beat another for the preservation of his goods, and therefore he that shall attempt by force, and violence, to take away my goods wrongfully from me, whether they be goods whereof I have a lawful property, or such goods whereof I have only a possession by the bailement of another, I may justify to defend the same by force, and if I shall beat or hurt such person, it is no breach of my recog. for the peace, but if I kill him, it is felony, and then a breach of the recog. 38. The same Law is in every case, 10. Ed. 4. 6. 3. H. 4. 9 11. H. 6. 33. where another shall attempt by force and violence to take away my land, freehold, copyhold, or lease, or to stop and turn my lawful high way, or my ancient river, or water course leading to my mill, in these and like cases, if I shall disturb him therein, whereupon he doth assault and attempt to beat me, I may justify to beat him again aswell in defence of my person, as of my possessions, but not to kill him. 39 The same Law is also in every case, where any offendor is by order of Law punished by whipping, stocks, pillory, or otherwise for any offence by him committed contrary to the Laws or statutes of this Realm, there is no peace broken nor any recog. of the peace forfeited, by him or them which shall lawfully execute any such punishments. 40. Note further that there are divers offences for which an indictment contra pacem, will lie, and yet the committing of such offence shall be no forfeiture of the recog. for the peace, for that the Act that shall breed a forfeiture of such a recog. must be done or intended unto the person, as aforesaid, or in terrorem populi. 41. Therefore to enter into the lands, Dalton 163. & 164. where he ought to bring his Action or to disseise another of his lands, or to enter into lands or tenements with force being without offer of violence to any man's person and without public terror. Cromp. 136. or to do a trespass in another man's corn or grass, or to take away another man's Ward, to take away another man's goods wrongfully, so it be not from his person, or to steal another man's horse, or other goods feloniously being not from his person, these will make no breach of this recog. 4 H. 7. 8. 42. Note that if a man be bound in such a recog. for himself and his servants, if any one of them break the peace, the whole recog. is forfeited, Et sic in similibus. 43. Note also that the sureties may plead, that the party principal hath not broken the peace, although upon issue the same shall be found against the said principal, for they are estrangers thereto, Fitz. averment 46. Concerning the writ of supplicavit. CHAP. 61. 1. THe forms of this writ out of the Chancery are of divers sorts, as you may see, Fitz. Na. Br. 80. d. 2. By which forms of the writ, it appeareth, that it may be directed to the justices of peace, or to one of them, or to the Sheriff, or to every of them, to cause the party that is to be bound, to come before him, or them, to find surety of the peace, and this writ may be that the principal shall be bound in such a sum, and the sureties in such a sum certain, (and also it may be in what certain sums the demandant will) or the sums may by the writ be referred to the justice of peace, etc. with this clause therein contained, pro qua respondere volueris, and the said writ is further, that if the party shall refuse, etc. that they shall commit him to the gaol, quousque, etc. and that when they have taken such surety, they do certify the recog. (which they have so taken) under their seals, and return the writ into the Court whence the same was awarded, and that without delay. 3. And for that this writ is of divers forms, the justice of peace must have a care that he do execute the same in every behalf as the same writ shall direct him. 4. When the writ doth refer the sum, wherein the principal and his sureties shall be bound, to the justice, etc. then it resteth in their discretion, but yet it is then safe for them to take good sureties, and to bind them in good sums, and the rather when that clause is in the writ, pro qua respondere volueris. 21. H. 7. 20. Br. peace 9 5. When this writ is directed to the Sheriff, and to all the justices, and is delivered to any one of them, he only to whom it is first delivered, aught to execute the same writ (in every behalf) scil. he only shall make a warrant, etc. returneable before himself, and shall take sureties, and make return thereof (only) without any other. 6. The form of a warrant for the peace, upon a supplicavit you may see, postea tit. Warrants and Precedents. 7. Also the same justice of peace after such surety taken, may make the party a supersedeas to discharge him from any other arrest, or to deliver him being in prison, for the peace, (at any other man's suit as it seemeth) Cromp. 237. b. 8. The form of the supersedeas you may see after tit. of Warrants and Precedents. 9 The party who is attached upon this writ of supplicavit, 21. H. 7. Br. peace 9 cannot go to be bound before any other justice of peace but only before him, from whom the warrant proceedeth upon this writ, neither can another justice of peace by a supersedeas discharge such a warrant made by his fellow justice by force of this writ. 10. The justice, or Sheriff, to whom this writ shall be delivered may make a Deputy therein, 9 Ed. 4. 35. f. Fx. Imp. 4. scil. may make a warrant to the Constable, or other person indifferent, to apprehend the body or cause the party to come before him (the said justice or Sheriff) to find sureties, etc. and that if he shall refuse, that then the Constable, etc. shall carry him to prison, thereto remain until he shall find sureties, and yet the writ of supplicavit is to commit the party to the gaol if he shall refuse before the justices (si coram vobis, vel te recusaverit) but the justice or Sheriff cannot give their power to another to take this surety, for that is a judicial power, which cannot be assigned over, neither can they make any Deputy therein, but they must take this surety themselves. Br. office 39 11. If the party shall make resistance upon the execution of this writ, it seemeth the officer may take posse comitatus to aid him to arrest such party. 12. F.N.B. 80. d. He that is to be bound to the peace by force of this writ of supplicavit out of the Chancery, is to be bound against him only, that sueth out the writ, as appeareth by the form of the writ aforesaid. 13. But yet at this day it is used otherwise, Dalton p. 165. and Master Dalton saith that he once received out of the Chancery a special writ of supplicavit, directed custodibus pacis, ac vic. & eorum cuilibet, commanding them to take sureties of the peace to be bound, quod ipse damnum vel malum aliquod alicui de populo nostro & precipuè eidem joh. etc. (that sued out the writ) non fac. nec fieri procurabit, etc. 14. Also by this writ of supplicavit the party (against whom the writ is sued forth) shall be bound to the peace for ever (if he be taken) for the writ containeth or mentioneth not that he shall be bound to keep the peace until any certain time but generally (ad sufficientem securitatem inveniend. sub poena, etc.) and therefore to prevent this the party (before he be attached) may come into the Chancery, and there find sureties, and be bound until a certain day that he shall do no hurt unto the party that sued forth the supplicavit, and thereupon he shall have a supersedeas out of the Chancery directed to the justices of peace and to the Sheriff, commanding them to surcease to arrest the said party, or to compel him to find any sureties, etc. and that if they have arrested him for this cause, and none other, that then they deliver him, etc. Fitz. 81. a. F.N.B. 81. 2. Cromp. 144. 15. And if the party against whom this writ is sued forth cannot travel (or else will not travel) to bind himself in the Chancery, than he may cause some of his friends to be bound for him, or to find sureties in the Chancery for him according to the supplicavit, and thereupon they may purchase for him a supersedeas directed to the justices of peace, and to the Sheriff, and by this supersedeas the justice and Sheriff shall be commanded to take also surety of the party himself in the County (according to the writ of supplicavit) that he shall keep the peace, etc. 16. Also if the party happen to be arrested and imprisoned upon this writ, yet if he can procure a supersedeas out of the Chancery it seemeth (by the words in the end of the supersedeas) that this will discharge him of the arrest, or imprisonment. 17. Note after the party is arrested and imprisoned, (upon this writ) the means for him to procure a supersedeas out of the Chancery, must be. 18. Either to get some of his friends to be bound in the Chancery for him and they to get a supersedeas, ut supra. 19 Or else to get a certificate to the Lord Chancellor, from 3. or 4. justices of peace in his behalf. 20. This writ of supplicavit is granted, or to be granted in the Chancery or King's Bench, F.N.B. 79. h. upon great cause showed and proved there, and is (or aught) to be granted upon oath, that the party is in fear, etc. of some bodily hurt, etc. Co. 8. 37. 21. And it is to be wished, that in the granting thereof, great care be taken, for oftentimes this writ of supplicavit is procured and gotten out rather of malice and for vexation, then upon any needful and just cause, and Sir Edward Coke speaking of such as maliciously shall purchase out any such special supplicavit or latitat of the peace, (and that by fraud and malice to enforce the other party ad redemendam vexationem, to give them money or to yield the other composition) brandeth them as Barreters, and notable oppressors of their neighbours, oppressing the poor and innocent, by colour and countenance of Law, which was ordained to protect the innocent from all oppression and wrong, neither is this a wrong only to the party thus maliciously vexed, but also to all the justices of peace resident in that County, taxing them () as though the demandant could not have justice at their hands in such a case, whereas perhaps the demandant never demanded the same at any of their hands, and besides the justices of peace having, in all likelihood, knowledge of each party and of their behaviours, or any one of them, might and would no doubt, yea and aught to have yielded the demandant upon request and just cause shown to them, as sufficient and good surety in the Country every way, See more before in this title. (as I conceive it) for his safety, as namely, as many and able sureties, and better known, and to have been bound in as great sums, and for as long time, if the case should require, so as what should move them to seek (with more trouble, charge, and delay to themselves) that security above, which they may have (more speedily, and with less charge and trouble) at home, I see not but only, or chiefly the vexing and oppressing of their neighbours aforesaid, and for that this manner of oppressing beginneth to grow over common; therefore I thought it not amiss here to observe what remedy the justices of peace in the Country by some opinions, may by their discretion yield to their innocent neighbours, against whom for vexation only, such a writ shall be maliciously procured, scilicet. 22. Where one hath procured a supplicavit out of the Chancery or King's Bench against another, if he hath not before demanded this surety of the peace at the hands of some justice of peace in the Country, or that the party against whom he hath procured the supplicavit, be one of such condition and sort as that in likelihood the justices of peace in the Country, will not deny to grant such surety against him, then if three or four of the next justices of peace in the Countrry, shall certify to the Lord Chancellor (if the supplicavit proceeded out of the Chancery) that the party plainetiffe never demanded the peace in the Country, and further that the plainetiffe is a contentious man, and the other party of good fame, upon such certificate (as is said) they will discharge the party or grant a supersedeas. 23. Note to conclude this business, if the surety of the peace be taken by virtue of a supplicavit, then must the justice of peace make return of the writ, and certificate of his doings under his seal into the Court from whence the supplicavit did proceed, which may be done in this manner. 24. First let him write upon the back of the supplicavit thus. 25. Executio istius brevis, The return of the sup. patet in quadam scedula huic brevi annexat. 26. Then may the certificate The certificate. or schedule be thus, and be filled to the back of the writ. 27. Ego I. S. Miles unus custodum pacis domini Regis in comitatu Dublin certifico in Cancellarium dicti domini regis me virtute istius brevis (mihi per A. B. in eodem brevi nominatum, primo deliberate) personaliter coram me (tali die & loco) venire fecisse. F. R. in dicto brevi nominatum, ac eundem F. adsufficientem securitatem, & manucaptores pacis inveniendum secundum formam dicti brevis, viz, etc. (as the writ shall appoint) compulisse, In cujus rei testimonium huic praesenti certificationi meae sigillum meum apposui, datum apud D. praedictum, in comitatu praedicto 16. die januarij anno Regni domini nostri Caroli dei gratia regis, etc. 28. The return of the Certiorari. The justice of peace may also therewith send the recog. if he will, or may keep and stay the recog. until a Certiorari come to him for it. 29. And of the Recognisance. And if a Certiorari be directed out of the Chancery to the justice of peace for removing of this recog. because it was not sent up together with the certificate (as there was no necessity that it should) than that writ may be also answered in this manner, videlicet. 30. Writ upon the back of the Certiorari thus, Virtute istius brevis ego I. S. Miles unus custodum pacis domini regis in Comit. Dublin tenorem securitatis pa●is, Lib. intr. 453● unde infra fit mentio dicto domino Regi in Cancellar. suam sub Sigillo meo distinct & aperte mitto, prout patet in scedula huic brevi consuta. 31. And then write the recog. verbatim, in this manner hereunder following, The schedule or certificate. and thereto set your seal. 32. Memorandum quod 16. die januarij, etc. (reciting the whole recog. to the end) In cujus rei testimonium ego praedictus I. S. sigillum meum apposui datum, etc. 33. And file this schedule, or note of the recog. to the back of the Certiorari. 34. The form of the Certiorari you may see, Fitz. Na. Br. 81. c. vide postea tit. Warrants and Precedents. F.N.B. 81. c. 35. Also the like form of the certificate may serve where a Certiorari is brought to a justice of peace to remove a recog. of the peace taken by him ex officio, without any writ of supplicavit. 36. And if the justice of peace shall not return the supplicavit, nor certificate of his doings therein, F.N.B. 81. b. until a Certiorari come to him for it, it is no danger to him. 37. Also if the supplicavit be against divers, and the demandant will release his prayer of the peace against one of them, than that release ought to be certified for him, and the writ must be served and executed for the rest, or else non est inventus, may be certified for him, and the writ executed for the rest. Br. peace 11. 38. By the book in 30. Assisarum placito 14. It appeareth that a man may be compelled to find sureties both for the good behaviour, 2. H. 7. 2. b. and for the peace, and yet it seemeth that the good behaviour includeth the peace and that he that is bound to the good behaviour, is therein also bound to the peace, see the usual forms of both recog. Surety for the good behaviour. CHAP. 62. 1. THis surety for the good behaviour, or good abearing is granted by the justice of peace aswell by authority of the Commission of the peace, P. justice 18. that is to say, by the first Assign. as also by force of the statute of 34. Ed. 3. ca 1. 2. And this surety for the good behaviour is of great affinity with that of the peace, and is provided and ordained chiefly for the preservation of the peace (as that other is) as you may observe out of the usual forms of the recog. yea by some opinions it differeth in little or nothing from that of the peace, but that there is more difficulty in the performance thereof, and the party so bound, may sooner fall into the danger of it then of his recog. for the peace, P.R. 18. 2. H. 7. 2. for say they the recognizance for the peace is not broken without an affray committed, battery, assaulting, imprisoning or extremity of menacing, whereas the good abearing may be broken, and the party's recog. forfeited, without any of these, as namely. 3. By the extraordinary number of the people attending upon the party bound. 4. Or by his wearing of harness, or other weapons, more than usually he hath done, or more than be meet for his degree. 5. P.R. 22. Or by using words or threatenings tending or inciting to the breach of the peace. 6. Or by doing any other thing which shall tend to the breach of the peace, or to put the people in dread or fear, although there be no actual breach of the peace. 7. Yet note these four last matters, as they are breaches of the good abearing, so are they causes also to bind a man to the peace, and a forfeiture of the recog. for the peace. 8. The book 2. H. 7. fo. 2. concludeth, that the Iust. were not all certainly advised how those words, de se bene gerendo, should be taken, M. Bro. abridging thereof tit. Surety 12. saith, that it was holden that he who is bound to the peace ought to demean himself well in his part (sc. behaviour) and company, and not doing any thing that may be the cause of the breach of the peace, or to put the people in fear or trouble, yet the book seemeth to mean this of the good behaviour. 9 But though this extraordinary number of attendants, and wearing of harness, etc. are breaches aswell of the peace as of the good behaviour, yet it may seem that this for the good behaviour, doth include the peace, and beside importeth some greater or other matters of misbehaviour, and for which the surety of the peace is not to be granted (although they also are against the peace, and quiet and good government of the land) and you shall find that this surety of the good behaviour is grantable in other divers cases, in which the surety of the peace is not grantable. 10. This surety of the good behaviour is to be granted at the suit of divers, and those being men of credit, and to provide for the safety of many, whereas the surety of the peace is usually granted at the request of one, and for the preservation of the peace chiefly towards one. 11. Also this surety of good abearing, is most commonly granted, either in open Sessions of the peace, or out of the Sessions, by two or three justices of peace, whereas that of the peace is usually granted by one justice of peace, and out of Sessions. 12. And yet by the words of the Commission, 14. H. 7. 8. ●. as also by the opinion of the learned, any one justice of peace alone, and out of the Sessions, may grant this surety of the good abearing, and that either by his own discretion, or upon the complaint of others, as they may that of the peace. 13. But this is not usual, unless it be to prevent some great and sudden danger, especially against a man that is of any good estate, carriage or report. 14. Also this surety may be granted at the suit of one person. 15. But the more difficult and dangerous this surety is to the party bound, the more regard there ought to be taken in the granting of it, and therefore it shall be good discretion in the justices of peace, that they do not command or grant it, but either upon sufficient cause seen to themselves, or upon the suit and complaint of divers others, as aforesaid, and the same very honest and credible persons. 16. Also this surety of good abearing, is often taken by the justice of peace by virtue of a special writ in nature of a supplicavit, Supplicavit. directed out of the Chancery or King's Bench, and then the justice of peace upon such a writ, is to proceed as a minister, as in case for the P. mutatis mutandis, vide ante tit. Surety for the peace and supplicavit. 17. Master Dalton affirmeth that he once received out of the Chancery, Dalton p. 170. such a writ directed custodibus pacis in commit. Cantabrigiae, ac vicecomiti ejusdem commit. & eorum cuilibet (and grounded upon the statute of 34. Ed. 3.) commanding them and every of them to take four sureties (besides the party) whereof every one of them should have lands of such a yearly value, or goods of such a value, and to bind the sureties every of them in such a sum, quod ipse boni gestus de cetero erit, erga nos & cunctum populum nostrum, & quod nihil in contrarium statuti pradicti attemptabit, etc. and therein he proceeded as a minister only. 18. The party against whom such a supplicavit for the good behaviour shall be granted out, before he be attached thereupon, may go, or send up, and give sureties in the Chancery as here before is said for the peace, and thereupon he shall have a supersedeas out of that Court directed to the justices of peace, and Sheriff, and to every of them, commanding every of them to surcease to arrest the said party, or to do any other execution of the said writ of supplicavit and that if (before the coming of the said supersedeas) they have taken any such security, for the good behaviour of the party, that then they presently release the party of such surety found by him, the former writ of supplicavit notwithstanding. For what cause this surety of the good behaviour shall be granted. CHAP. 63. 1. IT is chiefly to be granted (by the justices of peace out of their Sessions) in these cases following, viz. against common Barrators, common Quarrellers, and common breakers or perturbers of the peace. 2. Also it is grantable against Rioters, see hereof before tit. Riots. 3. Also against such as shall lie in wait to rob, or shall be suspected to lie in wait to rob, or shall assault, P. justice 18. or attempt to rob another, or shall put passengers by the way in fear or peril. 4. Also against such, as be generally feared, or suspected to be Robbers by the high way. 5. Also against such as are like to commit murder, homicide, Cromp. 135. b. or other grievances to any of the King's subjects in their bodies. 6. Also against such as shall practise to poison another. 7. One had bought Ratsbane, and mingled the same with corn, and then wilfully did cast the same amongst his neighbour's poultry, Dalton p. 171. whereby most of them died, and this was holden to be a good cause to bind the offendor to the good behaviour. 8. P. justice 18. 34. Ed. 3. ca 1. It is also grantable against such as be of evil name and fame generally, but more especially against all such as are defamed and detected in any of these partitulars following. 9 13. H. 7. 10. First against all those that are greatly defamed for resorting to houses suspected to maintain adultery, or incontinence. 10. Also against the maintainers of houses commonly suspected to be houses of common Bawdry. 11. Cromp. 140. One that had such lewd women found in his house was bound to his good behaviour, by Wray, Anderson, and Manwood. 28. El. 12. Also against common whoremongers, and common whores, 1. H. 7. 7. 27. H. 8. 14. for by good opinion Avowtry, or Bawdry, is an offence temporal aswell as spiritual, and is against the peace of the land. 13. Upon information given to a Constable, 13. H. 10 Br. Traverse 432. that a man and a woman be in adultery, or fornication together (or that a man and a woman of an evil report, are gone to a suspected house together in the night) the officer may take company with him, and if he find them so, he may carry them to prison, or he may carry them before a justice of peace to find sureties for the good behaviour. 14. Also against nightwalkers, that be suspected to be pilferers, or otherwise like to disturb the peace, or that be persons of evil behaviour, or of evil fame or report generally, or that shall keep company with any such, or with any other suspicious persons in the night. 13. H. 7. 10. 15. Against such as be Eavesdroppers, that is to say, that in the night shall hearken near the walls of men's houses to hear what is spoken within, and to make use thereof to breed discord or dissension amongst neighbours. 16. Against Nightwalkers that shall cast men's gates or Carts into ponds, etc. or shall commit other misdemeanours or outrages in the night time. 17. Against suspected persons who live idly, and yet far well, or are well apparelled, having nothing whereon to live, (except upon examination, they shall give account of such their living.) 18. Against common Haunters of Alehouses or Taverns, but more specially if they have not whereon to live, and also against common Drunkards and Prophaners of the Sabbath, and against common Gamesters and Keepers of common gaming houses whereby men's servants and children are drawn to unthriftiness, and also against Alehouse-keepers and Innkeepers that maintain misorder in their houses, and especially on the Sabbath day. 19 Against such as shall use to go in the message of Thiefs, See stat. 18. Ed. 2. P. Leete 1. 20. All these former offenders, and the like, are evil members in the common wealth, and such their demeanour and living is greatly to be suspected (and beside do seem to be more properly said against the peace of the land, than Avowtrey, in the case before. 1. H. 7. 7.) and therefore it seemeth reasonable, just, and expedient that the justices of peace upon their discretion should convent such persons before them and their courses of life, and if they cannot yield a good reason and account of such their courses, then to bind them to their good behaviour. 21. Also the good behaviour seemeth grantable against such as shall make false outcries, or shall raise Hue and Cries without cause, for these are disturbances of the peace. Cromp. 179. 22. If two men do levy Hue and Cry one upon another without cause, both of them may be attached and bound over, as disturbers of the peace. P. R. 156. 23. Also Cheators and Cozoners may be bound to the good behaviour. See Co. 5. 125. P. R. 12. 24. Libelers, it seemeth, may also be bound to their good behaviour as disturbers of the peace, whether they be the contrivers, the procurers or the publishers of the libel, for such libelling and defamation tendeth to the raising of quarrels, and effusion of blood, and are specially occasions and means tending and inciting greatly to the breach of the peace. 25. Also it seemeth grantable against unlawful hunters in parks, after their examination taken, vide antea tit. Hunting. 26. Also it shall be granted against him that shall abuse a justice of peace (Constable or other officer of the peace) in executing of their office. 9 El. 43. 27. A justice of peace seethe a man break the peace (sc. to make an assault, or affray upon A.) and he chargeth him to keep the peace, and the other answereth that he will not, the justice of peace may bind him to the good behaviour. See Exod. 22.28 28. For (if as one saith) contempt, or contumely, used to the person of a man's better, neither policy for example nor religion for peace may tolerate, much less to use contempt towards, or to abuse such as are in authority, especially when they are in executing their office. 29. Nay it seemeth that he which shall use words of contempt, or contra bonos mores, against a justice of peace, though it be not at such time as he is executing his office, yet he shall be bound to his good behaviour. 30. If a Citizen or free man of a City, Co. 11. 98. or Town corporate shall use words of contempt, or contra bonos mores, against the chief officer of the City, or Town, or his brethren, they are good causes to commit him to prison until he shall find sureties for his good behaviour, for obedience and reverence ought to be yielded to the magistrate, for that they derive their authority from the King. 31. Also he that shall abuse a justice of peace his warrant may be bound to his good behaviour. 32. A man complaineth of a Riot or a forceible Entry, so that the justices of peace are assembled to inquire thereof, and then the party that complained will not prosecute the matter, it seemeth the said justices of peace may bind him to his good behaviour, for his deluding them. 33. And so of such as shall charge another with felony, before a Iust. of Peace, and yet will not give Evidence, etc. 34. A. is bound to keep the peace against B. only, Cromp. 134. and getteth a supersedeas, and after B. releaseth him, after A. is arrested for surety for the peace at another man's suit, and showeth this first supersedeas, it seemeth he shall be bound to his good behaviour for this deceit. 35. He that hath a pardon for any felony, 10. Ed 3. P. pardon 5. shall find surety for his good behaviour, but he shall be bound before the Sheriff and Coroners, who shall return the same into the Chancery. 36. Also he that is acquitted of felony, if he be of evil fame, or of evil behaviour, it seemeth the justices of peace upon their discretion may bind him to his good behaviour. 37. The form of a warrant for the good behaviour, vide postea tit. Warrants. 38. The form of the Recog. for the good behaviour, vide postea tit. Recognisance. 39 Whether the surety of the good behaviour (taken upon complaint) may be released by any special person, some do doubt it, Release. Lamb. 126. because it seemeth more popular, than the surety of the peace, yet others do hold that it may be released either by the justice of peace himself that took it in discretion, P.R. 2●. or by the party upon whose complaint it was granted, even as that for the peace may. 40. It seemeth also a Supersedeas Supersedeas. of the good behaviour may be granted by the justices of peace (as well as for the peace mutatis mutandis) upon good sureties taken by the said justices of the party to be of the good behaviour. Cromp. 237. 41. Cromp. 146. If a man be bound to the good behaviour (before justices of peace) and to appear at the next Assizes or Sessions, yet the party bound may by a Certiorari Certiorari. remove the Recognisance (into the Chancery, or King's Bench) before the day, and then he shall not need to appear at the Assizes, or Sessions, for they have no record; whereupon he may be called there. Swearing and Cursing. CHAP. 64. 1. FOrasmuch as all profane swearing and cursing is forbidden by the Word of God, 10. Caroli ca 1. in Ireland. it is enacted by Parliament in anno 10. Caroli ca 1. that no person or persons shall profanely swear or curse, and that every person or persons that shall at any time or times offend herein either in the hearing of a justice of peace, bailiff, or any other head officer of any City or Town corporate, where such offence is or shall be committed, or shall be thereof convicted by the oaths of two witnesses, or by confession of the party, before any justice of Peace of the County, or head officer or justice of Peace in the City or town corporate, where such offence is or shall be committed, to which end every justice of peace, and every such head officer, have power by that Act to minister the same oath, that then every such offendor shall, for every time so offending, forfeit and pay to the use of the poor of that parish, where the same offence is or shall be committed, the sum of Twelve pence, and it shall also be lawful for the Constables and Churchwardens, or any one of them, by warrant from such justice of peace or head officer, to levy the same sum or sums of money, by distress and sale of the offenders goods, rendering to the party the overplus, and in defect of such distress, the offendor, if he or she be above the age of Twelve years, shall, by warrant from such justice of Peace, or head officer, be set in the stocks for three whole hours, but if the offendor be under the age of Twelve years, and shall not forthwith pay the said sum of 12. d. then he or she by the warrant of such justice of P. or head officer, shall be whipped by the Constable, or parents or master in his presence. And be it further enacted that if any such offendor shall commence any suit in Law against any officer or other, for such distraining sale of goods, whipping or setting in the stocks, the defendant or defendants may plead the general issue, and give the special matter in evidence to the jury at the trial, and if it be found against the plaintiff, or that the plaintiff be nonsuite, the defendant or defendants shall be allowed good costs, to be taxed by the Court, provided nevertheless, that every offence against this law, shall be complained of, and proved as abovesaid, within twenty days after the offence committed. And it is also enacted that the said Act shall be read in every parish Church, by the minister thereof upon Sunday after the Evening Prayer twice in the year. Treason. CHAP. 65. BEfore the making of the statute of 25. Ed. 3. ca 2. de prodicionibus, there was great ambiguity and diversity of opinions what offence should be adjudged Treason, for clearing whereof the said statute was made, whereby it is declared that these offences following should be adjudged Treason, viz. 1. To compass or Imagine the death or destruction of the King, the Queen or the Prince. 2. To deflower the Queen or the eldest daughter of the King not married, or the wife of the eldest son and heir of the King. 3. To levy war against the King in his Realm or to be adherent to the King's enemies in his Realm giving them aid or comfort in his Realm or elsewhere. 4. To counterfeit the King's great seal or privy seal, or his money. 5. To bring false money into this kingdom like to the King's money (knowing the same to be false) to merchandise or make payment in deceit of the King and his people. 6. To kill the Cancellor, Treasurer or justices of the King of the one Bench or the other, justices in Eire and of the Assizes, and all other justices of Oyer and Terminer being in their places doing their offices. 2. All these offences are by the said statute declared to be Treasons which extend to the King and his Royal Majesty, for which the King shall have the Escheat aswell of the lands holden of others as of himself. 3. Also there be other offences by the said statute declared to be petty Treasons which do not extend to the King's Majesty, as where the wife doth murder her husband, the servant his master, or the Clerk his Ordinary, in which cases the chief Lords had the Escheates, but now by a statute made in this kingdom of Ireland, in 10. H. 7. ca 21. aswell these offences of petty Treason as also those which at the common Law were murder of malice prepensed are made high Treason, both in the Actors and procurers, and by a statute made in 28. H. 8. ca 7. in Ireland, all escheats for any manner of Treason are given to the King. 4. By another statute made in 3. H. 5. ca 6. It is declared that washing, fyling or clipping of money shall be high Treason. 5. By another statute made in 4. H. 7. ca 16. the coining of foreign coin which is permitted to pass in this Realm is Treason. 6. By another statute made in Ireland in anno 13. H. 8. ca 1. wilful burning of houses or Rickes of Corn in the field or in the Towns is made Treason. 7. By another statute made in Ireland in 11. Eliz. ca 1. for the attainder of Shane o Neale the assuming of the name or dignity of O Neale, or taking any thing by colour of that name, is made Treason. 8. By a statute enacted in anno 10. H. 6. ca 3. in Ireland, for Cessing of horsemen or footmen upon the King's subjects, without their good wills, the offendor shall be adjudged as a traitor. 9 By another statute made in Ireland in anno 18. H. 6. ca 2. It is enacted that putting into Comricke, and the granting of such Comricke or safeguard shall be Treason aswell in the giver as in the taker. 10. By another statute made in Ireland in anno 10. H. 7. ca 13. It is enacted that to cause assembly or insurrection, conspiracies, or in any wise to procure or stir Irishry or Englishry to make war against the King's authority, that is to say, his Lieutenant or Deputy, or justices, or else in any manner to procure or stir the Irishry to make war upon the Englishry shall be high Treason. 11. By another statute in Ireland made in 28. H. 8. ca 7. It was enacted amongst other things that if any person shall maliciously wish, will or desire by words or writing, or by craft imagine, invent, practice or attempt any bodily harm to be done to the King, the Queen or their heirs apparent, or to deprive them or any of them of the dignity, title, or name of their Royal estates, or publish or pronounce by express writing or words that the King's Majesty is an Heretic, Schismatic, Tyrant, Infidel, or Usurper of the Crown, or shall rebelliously detain or withhold from the King, his heirs or successors any of his or their ships, ordinances, artillery, and other munition of war, and shall not deliver up the same within six days after they shall be required by Proclamation under the great seal, the offenders, Aiders, Counsellors, Consenters, and Abettors, shall be adjudged Traitors of high Treason. 12. Having now briefly declared the statutes which are of force in this kingdom of Ireland concerning Treasons, I will return back to the exposition of the said statute of 25. Ed. 3. de prodicionibus. 13. That statute of 25. Ed. 3. doth not make any offence to be Treason which was not Treason by the common Law before, neither doth it alter any offence of Treason at the common Law into a lesser offence, but only declareth the common Law in some particular cases, and therefore it will be necessary to set forth what offences have been adjudged to be Treason at the common Law, both before and sithence the making of that statute. 14. Treasons at the common Law I find thus defined by Glanvill li. 14. ca 1. cum quis itaque de morte Regis vel seditione Regni vel exercitus infamatur, etc. And afterward in the same chapter are these words, viz. ipsum accusatum machinatum fuisse, vel aliquid fecisse, in mortem Regis vel seditionem Regni vel exercitus, vel consensisse, vel consilium dedisse, vel authoritatem prestitisse, etc. 15. Also I find in Bracton li. 2. Titulo de crimine lesae majestatis, Treason to be thus defined, videlicet: Si quis ausu temerario machinatus sit, in mortem Regis aut aliquid egerit vel agi procuraverit ad seditionem Dom. Regis vel exercitus sui, vel procurantibus auxilium; & consilium, prestiterit, aut consensum, licet id quod in voluntate habuit non produxerit ad effectum. Tenetur tamen crimine laesae majestatis. 16. Also Britton fo. 16. saith that it is high Treason to compass the death of the King or to disinherit him of his Realm or to falsify his seal or to counterfeit or clip his money. And in this Bracton in the said title de crimine laesae majestatis agreeth with Britton, and these writers were all before the statute the 25. Ed. 3. de prodicionibus. 17. If this compass of the death of the King, etc. may appear either by words, writing or by any other means, it sufficeth to make it Treason as appears by the book in 29. H. 6. fo. 47. & Stamford fo. 2. 18. The words of the statute of 25. Ed. 3. de prodicionibus, maketh not any mention of the consenters and aiders to the counterfeiting of the great seal or privy seal or of the King's money, yet this is high Treason by Stamford fo. 3. & 19 H. 6. fo. 47. and the book in 3. H. 7. fo. 9 is not to the contrary if it be well observed, for there the Indictment wanteth the word proditoriè, and this is by the rule of the common Law. 19 Also the taking of wax imprinted with the great seal and fixing of that to a counterfeit or forged writing made in the name of the King is high Treason, and yet it is not within the words of the statute de prodicionibus, and so it is adjudged in 2. H. 4. fo. 32. & Stamford fo. 3. saith it hath been so adjudged in his time and with him agreeth Britton fo. 10. so as this appeareth to be Treason at the common Law. 20. Likewise if a man counterfeit the King's money, although he do not utter it, yet that is high treason by Stamford fo. 3. 6. H. 7. fo. 13. & 1. R. 3. fo. 1. but if false money be made within this kingdom and another knowing it to be false utter it in payment, this is not Treason by Stamford foe 3. but it is misprision. 21. If many conspire to commit Treason as in levying of war and any one of them doth it, this is treason in all by the common law. Dyer fo. 98. pl. 56. 22. If the servant kill the master by the procurement of the wife, this before the statute of 10. H. 7. whereby all kill of malice prepensed is made high treason was pettit Treason in both, but now in Ireland by the said statute it is high treason in both, and so it is if the husband had been killed by a stranger by the procurement of the wife. 16. El. Dyer fo. 332. pl. 25. 23. To conspire with the Prince or governor of another Realm to invade any of the King's dominions is treason, although there be no such Invasion offered or openly attempted. 13. El. Dyer fo. 298. pl. 29. 24. To compass or imagine the death of the King, although he were an usurper is Treason. 9 Ed. 4. fo. 12. 25. One outlawed for felony was in prison where traitors were, he broke the prison, whereby the traitors escaped, this was adjudged Treason. 1. H. 6. fo. 6. 26. These words to compass or Imagine the death or destruction of the King are words of large extent, for he that by words or otherwise deviseth or adviseth any means how the King may come to his death, that is Treason, although it take no effect, also to intent to deprive the King, by that intention the death of the King is intended, & so the same is Treason by the declaration of the said statute, and also the detaining of a Castle or Fortress or such like is levying of war against the King, Br. Treason 24. 27. To run into Rebellion and stand upon their keeping and to rob and spoil the King's subjects hath always been adjudged to be high Treason in Ireland, and to be a levying of war against the King. 28. Also to kill the King's messenger or any that is coming to aid the King against his enemies is Treason. 29. To set at large unlawfully any that is committed for Treason is Treason by the common Law, Dalton fo. 225. 30. It is to be observed that in high Treason, there be no accessaries as in felony, but aswell all procurers or abettors before the Treason committed as releivers of the traitors after the Treason committed, knowing the same, are principal traitors and not accessaries. Trespass. CHAP. 66. 10. Caroli c. 23. in hibernia. 1. BY a statute made in Ireland in 10. Caroli ca 23. all and every lewd person which shall unlawfully cut, or take away any corn growing, or rob any Orchards or Gardens, or break or cut any hedge, pale, rail, or fence, or dig, pull up, or take away any fruit trees, in any Orchard or garden or elsewhere to the intent to take or carry the same away, or shall bark any trees that are growing or shall cut or spoil any woods or underwoods', pails or trees standing not being felony, and their procurers or receivers knowing the same being thereof convict, by confession of the party, or by the testimony of one sufficient witness upon oath before any one justice of peace (where the offence shall be committed, or the offendor apprehended) shall for the first fault give the party wronged such recompense, and within such time as by any one justice of peace (of the County where such offence was done) shall be appointed, and if such offendor shall be thought (in the discretion of the said justice) not able or do not make satisfaction accordingly, than the said justice shall commit the said offendor to some Constable or other inferior officer where the offence shall be committed, or the offendor apprehended to be whipped. 2. Also for the second fault, and every other offence whereof such offendor shall be after convicted in form aforesaid, such offendor shall be whipped as aforesaid, ibid. 3. If any Constable or inferior officer do refuse, or do not at the commandment of a justice of peace, by himself or by some one by him to be appointed, execute upon the offendor the punishment aforesaid, the said justice of peace may commit the said Constable, etc. to the common gaol, there to remain without bail, until the said offendor be, by the said Constable or by some other, by his procurement, whipped as aforesaid. 4. But no justice of peace shall execute this statute for any of the offences aforesaid done unto himself, unless he be assotiated or assisted with one or more other justices of peace whom the offence doth not concern. Tiles. CHAP. 67. 1. BY a statute made in anno 17. Ed. 4. it is enacted that all and every person or persons that shall use the occupation of making of any Roof tile, Crest tile, common tile or gutter tile shall make it good, seasonable, sufficient and throughly whited and anealed, and that the ground whereof any such tile shall be made shall be digged and cast up before the first day of November next before that they shall be made, and that the same earth be stirred and turned before the first day of February than next following, and not wrought before the first of March than next following, and that the same ground before it be put to making of tile, be truly wrought and tried of stones, and also that the veins called malyne or marl and chalk, lying commonly in the ground near to the earth convenient to make tile, after the digging of the said ground whereof any such tile shall be made, shall be well and truly severed and cast from the earth whereof any such tile shall be made, and that every such plain tile so to be made, shall contain in length ten Inches and a half, Plain Tyle. Length. Breadth. and in breadth six Inches and a quarter, and in thickness half an Inch and half a quarter at the least, and that every such Rooofe tile, Roof Tyle. or Crest tile, so to be made, shall contain in length thirteen Inches, and the thickness of half an Inch and half a quarter at the least, with convenient deepness accordingly, and that every gutter tile and corner tile to be made, shall contain in length ten Inches and a half with convenient thickness, breadth and deepness accordingly, and if any person or persons set to sale to any person or persons any such tile above specified, made or to be made against the said ordinance, than the seller thereof shall forfeit to the buyer of the same the double value of the same tile, Forf. double value, fine. and besides that shall make fine and ransom to the King, at his will, and that every person that feeleth himself grieved, and will sue in this behalf shall have an action of debt against the offenders, wherein shall be made and had like process, recovery and execution, as is or may be in any other action of debt pursued at the common Law, and that the plaintiff in every such action (if it be found with him) shall recover against the defendant in the same action his reasonable costs Costs. and expenses of his suit, and that the defendant in any such action shall not be admitted to wage his law, or to have any essoign or protection allowed, nor no advantage by forcing, Any justice of Peace. by essoign or distress; And also that the justices for the time being within any County of this Realm, and every of them shall have full power to inquire, hear and determine Inquire, hear and determine. by their discretions, aswell by examination or otherwise the defaults, offences and trespasses which shall happen to be done against this ordinance, aswell at the King's suit, as at the parties that shall feel themselves grieved in that behalf, and if it be found, or may appear to the justices of peace, or any of them by examination or otherwise by their discretion, that any person or persons have offended contrary to this ordinance, that then the same justices before whom it shall be found or appear, shall assess upon the offendor in this behalf no less fine Fine. than for every thousand of plain Tile set to sale contrary to this ordinance five shillings, and for every hundred of Roof Tyle six shillings eight pence, and for every hundred of Corner Tyle or gutter Tyle two shillings sold contrary to this ordinance, and if less be put to sale, that less fine be made after the rate of the same by the discretion of the said justices of peace, or any of them, and that the same justices shall have full power to call before them or any of them, at any time and place requisite, such and so many persons as by their discretion have or shall have best experience and knowledge in the occupation of making of Tyle, to search and examine Examine. the digging, casting, turning, parting, making, whiting and anealing aforesaid, and that the same person or persons which so shall be assigned searchers, shall have full power to make such search, Search. and that no person put no such Tile to sale, before that it be searched by the said Searchers, upon pain of forfeiture Forfeiture. of the said Tile, and if the same Searchers or any of them do find that any person or persons exercising the making of Tiles do offend contrary to this ordinance, that then the same Searchers shall present such defaults before the justices of peace at their next Sessions. In. of peace Sessions. And that every such presentment be as strong and effectual in Law as the presentment of twelve men, and that such Searchers so to be ordained, assigned, and deputed shall have of every such Tylemaker, for his labour of the said search, for every thousand plain Tile 2.d. for every thousand Roof Tyle ob. and every hundred Corner Tyle and gutter Tyle a farthing: And that the same Searchers shall do and execute their effectual devoir and diligence in this behalf, according to this ordinance, upon pain of forfeiture to our Sovereign Lord the King for every default in this behalf Ten shillings, Forf. Iu. of peace and that the justices of peace shall have power to examine, inquire and determine the default of such Searchers in the premises in like form as above is ordained, for the default of Tile-makers. Anno 17. Ed. 4. cap. 4. Tithes. CHAP. 68 1. IF sentence definitive be given for Tithes by any Ecclesiastical judge, 33. H. 8. ca 12. and the party against whom such sentence is given shall refuse to perform the same, then upon Certificate thereof made by the same judge that gave the sentence, two justices of the peace, whereof one to be of the Quorum may cause him to be attached and committed to Ward, there to remain without bail or mainprize until he find sufficient sureties before the said justices by Recognisance or otherwise to the King, to perform the said definitive sentence and judgement as appeareth by a statute made in Ireland, in Anno 33. H. 8. ca 12. Watch. CHAP. 69. 1. EVery justice of peace may cause night watch to be duly kept for the arresting of persons suspected, and nightwalkers be they strangers or others that be of evil fame or behaviour, and this they may do by force of the first Assignavimus of the Commission, and of the statute of Winchester, and by the said statute this Watch is to be kept yearly from the Feast of the Ascension until Michaelmas in every Town, and shall continue all the night (scil.) from the Sunsetting to the Sunrising, and by another statute made in anno 5. E. 4. ca 5. in Ireland, the Watch is to be kept in every Town from Michaelmas until Easter: so as by both these statutes watch is to be kept all the year saving only between Easter and Ascention day. 2. All such strangers or persons suspected as shall in the night time pass by the watchmen (appointed thereto by the town Constable or other officer) may be examined by the said watchmen whence they come, and what they be, and of their business, Winch. 13. Ed. 1. ca 4. 5. Ed. 3. ca 14. etc. and if they find cause of suspicion, they shall stay them, and if such persons will not obey the arrest of the watchmen, the said watchmen shall levy Hue and Cry, that the offenders may be taken, or else they may justify to beat them, for that they resist the peace, and justice of the realm, and may also set them in the stocks for the same until the morning, and then if no suspicion be found the said persons shall be let go and quit, but if they find cause of suspicion, they shall forthwith deliver the said persons to the Sheriff, who shall keep them in prison, until they be duly delivered, or else the watchmen may deliver such persons to the Constable, and so to convey them to the justice of peace by him to be examined, and to be bound over or committed until the offenders be acquitted in due manner. Wax. CHAP. 70. 11. H. 6. ca 12. 1. EVery justice of peace may examine and search (by his discretion) such as do sell or set forth to be sold any Candles or other works of Wax at higher price than after the rate of iiij. d. the pound over the common price of plain wax, between Merchant and Merchant, and may punish them by forfeiture of the work or value thereof, and by fine to the King. Weights and Measures. CHAP. 71. 1. BY a statute made in England in anno 9 H. 5. ca 8. the justices of peace have power to take and imprison all falsifiers and Counterfeiters of false weights, and to hold them in prison without mainprize until they be acquitted or attainted, and if they be attainted their bodies shall abide in prison until they have made fines and Ransoms at the discretion of the said justices. 2. By another statute made in England in anno 34. E. 3. ca 6. justices of peace have power to inquire of weights and measures, and to punish the offenders, and therefore it is necessary for them to know what weights and measures by the laws and statutes of force in this Kingdom, aught to be observed. 9 H. 3. 26. Weig●●. 3. By the statute of Magna charta, capitulo 26. there shall be but one weight, one measure, and one yard throughout the whole realm, scil. according to the King's Standard in the Exchequer, and this statute of Magna charta hath since herein been confirmed by many several Parliaments, viz. by the statutes of 14. Ed. 3. ca 12. 27. Ed. 3. 10. 13. R. 2. 9 8. H. 6. 5. and 7. H. 7. ca 3. as thereby appeareth. 4. And yet notwithstanding all these statutes, there always hath been two kinds of Weights used in England and both warrantable, the one by law and the other by Custom (as it seemeth) but they are for several sorts of wares or commodities, for there is Troy weights and Averdepois. Dalton fo. 123. 5. Troy weight is by Law, and thereby are weighed gold, silver, pearl, precious stones, electuaries, bread, wheat, and all manner of grain or Corn is measured by Troy weight, and this hath to the pound 12. ounces or twenty shillings old star. weight, which is three pound of the money now currant. 6. Averdepois weight is by Custom, yet confirmed also by statute, and thereby are weighed all grossery wares, physical drugs, 27. Ed. 3. ca 10. Butter, Cheese, flesh, wax, pitch, Tallow, Wools, Hemp, Flax, Iron, Steele, Led, and all other commodities not before named, but especially every thing that beareth the name of garbel, and whereof issueth a refuse or waste. 7. And this hath to the pound sixteen Ounces or 25. s. old sterling weight. Also in this Averdepois weight unto every hundred is allowed twelve pounds' weight. 27. Ed. 3. 10. 8. Also all manner of Averdepois shall be weighed by lawful weights sealed according to the Standard of the Exchequer. Averdepois. Averdepois weight. 14. ounces and an half, and 2. pence weight Troy do make 16. ounces of Averdepois. 7. pounds, or pints Averdepois make the Gallon of Wheat, etc. 14. pounds, or pints, Averdepois make the Peck of Wheat, etc. 56. pounds, or pints Averdepois make the Bushel of Wheat, etc. Pints or pounds. 5120 512 256 64 16 8 4 Troy weight. Quarts. 2560 256 128 32 8 4 2 Pottles. 1280 128 64 16 4 2 1 Gallons. 640 64 32 8 2 1 Measures of Corn according to Troy weight. Pecks. 320 32 16 4 1 Bushels. 80 8 4 1 Coombes. 20 2 1 Quarters. 10 1 Ten Quarters of corn is a Last. Beer measures. Ale measures. Pints 288 144 72 8 4 2 256 128 64 8 Measures of Beer & Ale. Quarts 144 72 36 4 2 1 128 64 32 4 Pottles 72 36 18 2 1 64 32 16 2 Gallons 36 18 9 1 32 16 8 1 Firkins 4 2 1 4 2 1 Kilderkins 2 1 2 1 Barrels 1 1 See for Corn, Beer, and Ale, more fully in that which followeth. Troy Weight, 15. H. 3. 32. Wheat Corns taken in the midst of the Ear, weigheth 1.d. sterling. Twenty pence old sterling make the ounce Troy. 12. Ounces make in weight j li. Troy. measure j pint. Two pints or pounds make the quart. Two quarts make the Pottle. 8. pints make the Gallon. 4. quarts make the Gallon. 2. Pottles make the Gallon. Eight quarts make the Peck. 64. pints 32. quarts 8. gallons 4. pecks make the Bushel or Firkin. Sixteen gallons Two Firkins make the Kilderkin. half Barrel. Rondlet. 256. pints 128. quarts 32. gallons 4. firkins 2. kilderkins 4. bushels make the Coombe or barrel. 512. pints 256. quarts 64. gallons 8. firkins 4. kilderkins 2. barrels 8. bushels make the Quarter or Hogshead. So the Pint and pound Firkin and bushel barrel and coombe Hogshead & quarter are of like content. Measures of Corne. bushel. 1. ALl kind of Corn and grain is measured by Troy weight. 2. By statute the bushel must contain eight gallons or sixty four pounds or pints of wheat. 31. Ed. 1. 3. And yet by the book of the Assize imprinted Anno Domini 1597. the bushel is to contain 56. pounds or pints of Averdopois weight (which is three pounds or three pints, and eight ounces Troy more than the statute or Troy weight) for 56. pounds or pints Averdepois weight, and 67. pounds 8. ounces Troy weight do justly agree. Also every measure of Corn shall be stricken without heap and all purveyance shall be by such measure. 25. Ed. 3. ca 10. 15 R. 2. ca ●. 43. E. 3. ca 6. 4. Water measure (sold within Shipboard) shall contain five pecks stricken to the bushel. 5. No person shall buy or sell with a Bushel except it be sealed and marked by the officer, and according to the King's Standard. 6. All sorts of bread ought to be weighed by Troy weight. 7. Post septem dies panis non ponderetur. 8. The Baker shall not sell to any victualler, etc. to be retailed but only thirteen penny worth for twelve pence, aswell man's bread as horsebread. 9 The punishment of the Bakers for their unlawful breads is that that the justices of peace or sworn officers in Leets may take away their unlawful bread, and give it amongst the poor, as officers in corporate Towes are enabled to do, as it seemeth in the end of the book of Assize imprinted anno 1597. and all justices of peace are there willed and required to be aiding and assisting to the said officers therein, but by the statute 51. H. 3. 51. H. 3. Bakers and Brewers being convict for not observing the Assize the first, second, and third time, they shall be amerced according to the offence (if it be not over grievous) but if the offence be grievous, or often, then shall they suffer punishment of the body without redemption, sc. a Baker to the pillory, and the Brewer to the Tumbril (now called the Cockingstoole) (as it seemeth by Master Lambard 62.) or to some other correction. Measures of Wine, Beer and Ale, etc. Wine, Oil and Honey: their measure is all one, sc. the Rondlet, 16. & di. Barrel, 31. 18. H. 6. ca 17. & di. Hogshead, 63. Pipe, 126. Tun, 252. gallons. 1. Cheese: A weigh of Cheese must contain 32. cloves, 9 H. 6. ca ●. and every clove seven pounds of Averdepois weight. 2. Beef, and other flesh are 16. ounces Averdepois to the pound, Dalton fo. 133. and eight of those pounds to make the stone, except where the usage of the Country requireth more pounds to the stone. 3. Also sixscore herrings shall go to the hundred, ten hundred to the thousand, and ten thousand to the last. 31. Ed. 3. ca 2. 4. Wool 14. pounds' weight goeth to the stone of wool, and 26. Dalton fo. 133. 13. R. 2. ca ●. stone goeth to the sack, whosoever buyeth wools at greater weight shall pay double the value to the party grieved & a fine to the King. 5. Of Sugar, Spices, and wax 8. pounds maketh the stone and 13. stone and a half or a hundred and eight pound maketh the hundred, see the statute, the composit. ponder. Rast. weights 8. 6. Of hops fivescore and 12. pounds maketh the hundred. 7. Of lead, the formel containeth six stone wanting two pounds, and 30. rastal weights ●. formels make a load of lead, and 12. pounds make a stone. 8. The content of the Dicker of hyds is 10. skins, & 20. dickers make a last. 9 For the contents of Iron, glass, linen cloth and divers other things, see the statute, the composit. ponder. Rast. 8. 10. All other commodities of tale or number, are sold by the hundred whereof Cattles and fish are sold sixscore to the hundred, and yet the hundred of hard fish must contain eightscore. Rast. 8. all headed things, as nails, pins, etc. are sold sixscore to the hundred, and all other things have but fivescore to the hundred. 11. Timber well hewn and squared perfectly fifty foot thereof maketh the load. 12. Lath shall contain in length five foot, in breadth two Inches, and in thickness half an Inch. 13. Of Tyle the Assize thereof in the length, breadth, and thickness appeareth before in the title of Tyle. 14. A Bale of paper is ten Ream, a Ream 20. quires of paper, a choir is 25. sheets. 15. A Roll of parchment is 5. dozen, or 60. skins. Measures of length. 1. Three Barley Corns measured from end to end make one Inch. 2. Four Inches Inches. make the handful. Handful. 3. Twelve Inches make the foot. Foot. 4. Three foot make the yard. Yard. 5. Three foot and 9 Inches make the Ell. Ell. 6. Seven foot make the fathom. Fathom. 7. Five yards and a half (which is sixteen foot and a half) make the pole, Pole. Rood or peach, ibid. 8. And yet by the usage of many Countries the pole doth vary, for in some places it is eighteen foot, and in some places 20. foot and most places in Ireland 21. Co 6. 67. 17. E. 3. fo. 18. foot goeth to the pole, and there if a man should sell a certain number of Acres of wood, etc. it shall be measured according to the usage of the Country there, and not according to this statute for Consuetudo loci est observanda. 9 Forty pole in length make a furlong. Furlong. 10. Eight furlongs (or 320. pole) make an English mile. Mile. 11. Forty pole in length, and four in breadth, do make an Acre. Acre. Stat. Composit ●ulnarum. & Stat. 34. P. weights 4. Ed 1. Plowland. 12. And (by Master Cambden fol. 339. and Hollingshed pag. 13. impress. 1586. Co. li 9 10. 184. ) one hundred acres is an hide of land, but yet it seemeth that an hide of land (or plowland or carve of land which are all one) are not of any certain content but according to the usage of the Country where the land lieth. Weight. Meas●●●. 13. In anno 8. H. 6. ca 5. It is enacted as followeth, videlicet. whereas by the great Charter of the liberties of the Realm of England and by a statute made the xxvij. year of King Edward the third it was ordained and by a statute made the xiii. year of King Richard the second confirmed, that one weight and one measure should be through all the Realm of England aswell out of the staple as within; And in the same statute of the said noble King Edward, it is ordained that the weight called auncel for the great damage & subtle deceits done by the same measure to the common people, auncel weight. shall be utterly left and set apart, and the wools and all other manner of merchandise, and all other things lying in weight, bought or fold shall be weighed by the balance, so that the tongue of the balance do not incline more to the one party than to the other, with weights sealed and according to the standard of the Exchequer. And he that doth contrary to the damage of the Seller shall forfeit to the King the valour of the goods so weighed or measured, and that the party complainant have the quatreble damages. And by the said statute of the said noble King Richard, it was added, that the offendor shall be imprisoned by two years, and make fine and ransom at the Kings will. And that the justices of peace should have power to inquire of the said defaults, aswell at the King's suit as the parties. Our sovereign Lord the King by authority of this Parliament, hath ordained and established, that the statutes and ordinances aforesaid, shall be firmly kept and holden, and straight executed. And moreover for to eschew divers great mischiefs, which have happened within the Realm of England by the said auncel, and specially for to destroy the falsity of the regrators of yarn, called yarn Choppers, it is ordained by our said sovereign Lord the King, by authority aforesaid, that in every City, Borough, and Town, of the Realm of England, common balance shall be, with common weights sealed, and according to the Standard of the Exchequer, upon the common Costs of the said City, Burgh, or Town, in the keeping of the Mayor, or Constable of the same, to which balance and common weight all the Inhabitants of the same City, Burgh, or Town, that have not such weights, and other that have, if they will may freely weigh without any thing paying, taking nevertheless of forreyns for every draught within the weight of xl. li. a farthing, and for every draught betwixt xl. li. and an hundred an halfpenny, and for every draught betwixt a hundred pound and a thousand pound a penny at the most, whereof the weights shall be maintained, and the officers lawfully weighing rewarded by the discretion of the chief of the City, Burgh, or Town, according to his attendance to the said occupation be it more or less. And that no man buy yarn of wool called yarn, unless he will make cloth thereof, nor use weight nor measure, nor other thing in the place of weight or measure, that is not sealed according to the said Standard, nor set any thing to the same by the way of taking or hiding, or in any other manner that may increase the measure or weight, or let the balance to have his natural course upon the forfeiture and pain aforesaid, and that the justices of peace, Majors, Bailiffs, and Stewards of Franchises have power by authority aforesaid to examine the trespassers in this case, and for to inquire in especial of offenders against this ordinance, and to do execution against them that be found defective by inquests or by examination, to be made by the said judges or officers in this case in the manner as afore is said. And that this ordinance be holden and observed from the Feast of Easter next ensuing for ever. And that every City upon pain of x. li. every Burghe upon pain of C.s. and every Town where a Constable is upon pain of xl.s. have a common balance with weights according to the said Standard, within two months after Proclamation made of this ordinance, which pain shall be levied to the use of our sovereign Lord the King, as often as they shall be defective after the said Proclamation. 14. There is another statute made in Ireland in anno 12. El. ca 3. concerning measures of Corn, whereby it was enacted that two measures of brass should be made at the Queen's cost, one for wheat, Rye, Maslen, Beanes, and Piece, and another for Malt, Oats, and Barley, which shall be the Standards for the Shires of the City of Dublin, the county of Dublin, Kildare, Catherlagh, Wexford, Meath, the Town of Drogheda, Westmeath, Louth, King's County, and Queen's County, within this Realm, and that the same being marked with the Crown and letters of her majesties name, should remain and be as her highness' Standards for the Shires aforesaid, in her Majesty's Exchequer of this Realm, in the custody of the Lord Treasurer of this Realm, or of the under Treasurer for the time being, and that unto the Knights, Citizens and Burgesses of every the Shires, Cities, and Towns, before named, assembled in the same Parliament, and to certain Burgesses of the Borough Towns in the same Shires should be delivered one measure of every such measures which her Majesty should cause to be made according to the tenor of the said Act for the common wealth of her highness' subjects within this Realm of Ireland, according to her Majesty's Standard of her Exchequer in this Realm, by Indenture thereof to be made between the Lord Treasurer of this Realm, or the under Treasurer for the time being, at the cost and charges of the said Shire, City, Town, or Borough, and that the said Knights, Citizens, and Burgesses, to whom the said measure shall be delivered, as is aforesaid, shall surely and safely convey, or cause the same to be conveyed by the said Citizens to their Cities, and by the said Knights or Burgesses unto such Borough, or Town corporate, or market Town within the Shire, for which they have been elected as hereafter shall be appointed in this Act, for the good custody of the same measures withal convenient speed and expedition, there to remain for ever in the keeping of the Mayor, Bailiff, Sovereign, Portriffe, or other head officer for the time being of the same City, Borough, or Town, as her Majesty's Standards of measure, and that the Inhabitants of all Cities, Boroughes, or market Towns within every of the said Shires should with all convenient speed after the same Standards so delivered as is before prescribed, make or cause to be made common measures, according to the measures aforesaid to remain in the said Cities, Boroughes, and market Towns, and every of them, and the measures to be viewed, examined, printed, signed, and marked, by the Mayor, Bailiff, Sovereign, Portriffe, or other head officer, in whose possession the said Standard shall remain or by his officer appointed in that behalf, and that every of the aforesaid Majors, Bailiffs, Sovereigns, Portriffes', or head officers having the said measures printed, and signed under the sign and print for the same, with the letters of her Majesty's name Crowned, should have authority and power to make, sign and print like measures unto every of her Majesty's subjects duly requiring the same, taking for marking of every bushel two pence, lawful money of Ireland, and that no Merchant nor other person or persons within any City, or market Town in any the Shires before specified, shall buy, sell, or receive any grain, or corn, with any measure, except it be marked, signed, and printed in manner and form aforesaid, nor any other person or persons in any Shires before specified out of the said Cities, Boroughes, and market Towns, except it be like and equal with the Standard, ordained and made for the said Shire, precinct or place, where any such person shall so sell, buy, or receive any such grain, or corn, and that every person aswell without Cities, Boroughes, and market Towns, as within in every of the Shires above specified shall buy, sell, and receive, and deliver with a bushel sealed, signed, and marked, after the form aforesaid, and no otherwise, upon forfeiture of the grain, and corn so sold, bought, received and delivered, half to the Queen's Majesty, her heirs and successors, and the other half to the party grieved and that will sue for the same by Action of debt after the course of the common laws of this realm, wherein no essoign protection nor wage of Law to be admitted or allowed, and that all the Majors, Bailiffs, Sovereigns, Portriffes', and other head officers, of every City, Borough, or market Town, within every the Shires above said, shall cause twice in the year or oftener, as they shall think necessary all measures within the said Cities, Boroughes, or market Towns to be brought afore them, and to be duly viewed and examined, and such as they shall upon examination find defective immediately to be broken and burnt, and the party or parties which in that behalf hath offended, and be found defective shall forfeit six shillings eight pence, the forfeiture thereof to be unto the said Mayor, Bailiff, Sovereign, Portriffe, or other having jurisdiction or correction in that behalf, and at the second time the said offenders to forfeit thirteen shillings four pence, and at the third time likewise to forfeit twenty shillings the same forfeitures to be to the head officers, as afore is said, and for further punishment to be set upon the pillory to the example of others, and that the justices of peace in every Shire of this Realm of Ireland, have full power and authority to inquire, hear and determine the said defaults, and that the said justices of peace above said have authority to make like process against all persons found as is above said defective, and for such fines and amerciaments as upon them shall be assessed, as if they were indicted afore them, for breaking of the Queen's peace, provided always that the examination of the defaults abovesaid, and punishments of the offenders of every offence committed hereafter within any City, or Town corporate of this Realm, that have by grant or Charter the office of Clerk of the Market, or of justices of peace and their authorities, or that have by grant or Charter fines, amerciaments, or forfeitures growing within their City or town shall be had, done and ministered by the head officers, Clerk of the market or justices of peace within the same Cities, or Towns incorporate for the time being, and by none other, the premises notwithstanding, and the same Majors, Bailiffs, Sovereigns, Portriffes', or other head officers and their successors, shall take, perceive, and retain, all and singular the fines, amerciaments, forfeitures, and penalties, to grow by any offence to be committed against any branch or article of this Act within their several jurisdictions and authorities in like manner as they should, might or ought to have any forfeitures, fines, amerciaments, and penalties within the several jurisdictions and authorities, by reason of any grant or Charter made to them, before the making of this Act any thing therein contained, or any Law, prescription, custom, or usage, to the contrary hereof in any wise notwithstanding. And forasmuch as great inconveniences and intolerable damage have and doth ensue by the occasion of diversity of measures within the Shires above mentioned, & thereby amongst other hateful evils men are moved to buy in one market, and sell the same grain in another to the great subvertion of good orders in markets, it was enacted and established that the several Standards to be made by her Majesty for the several Shires, Cities, and Towns, before named shall keep and hold the quantities hereafter following, that is to say, the bushel for the Wheat, Rye, Maslen, Beanes, and Piece, shall contain 16. Ale gallons, and the bushel for the Malt, Oats, and Barley, shall contain 20. Ale gallons, and that the same Standards and measures shall be kept and remain in the Towns and places hereafter appointed in this Act as her Majesty's Standards for ever, and that every bushel of Wheat Corn, shall be received, stricked, without heap, and the bushel of Malt, Corn, shall be laid and pressed down just with the brim of the bushel after the accustomed manner of measuring Malt, and not in other manner upon forfeiture of the Corn received contrary to the tenor hereof or of the just value and price thereof. The Names of the Towns limited for the Custody of Measures according to the Queen's Standard appointed by the said Act for the Shires in the same Act mentioned. 1. County of the City of Dublin, and the County of Dublin. 1. The City of Dublin. 2. The County of the Town of Drogheda. 2. The Town of Drogheda. 3. The County of Catherlagh. 3. The Town of Catherlagh. 4. The County of Lowth. 4. The Town of Dundalke. 5. The King's County. 5. The Town of Phillipstowne. 6. The County of Meath. 6. The Town of Tryme. 7. The County of Kildare. 7. The Town of Kildare. 8. The County of Wexford. 8. The Town of Wexford. 9 The County of Westmeath. 9 The Town of Molingare. 10. The Queen's County. 10. The Town of Maryborough. These two last statutes I have rehearsed at large because upon them two, the authority of the justice of peace out of the Sessions chiefly dependeth. Warrants and Precedents. CHAP. 72. 1. Warrants and precedents which concern the exercise of the office of a justice of peace out of the general Sessions, are of several sorts, viz. they concern either Treasons, Felonies, Misprisions, Praemunires, forcible Entries, forceible detainers, Riots, Routs, and unlawful assemblies, security of the peace, and good behaviour, or other misdemeanours or offences of several sorts. 2. As concerning Treasons, and felonies, upon information made of any Treason or fellow committed, any one justice of peace may direct his warrant to the Sheriff or to the high Constables or petty Constables, or to all or any of them to make search for the traitors or felons, and also for the stolen goods. A warrant to apprehend a Traitor may be thus. 2. Comitat. Dublin. A.B. Esquire one of his Majesty's justices of peace within the County of D. To the high Sheriff of the said County & to all high Constables, petty Constables, and other his Majesty's officers greeting, etc. Whereas E. F. and G. H. are vehemently suspected to have committed Treason whereof I have received Information. These are therefore in his Majesty's name straight to charge and command you and every of you upon sight hereof without any delay within your several Bailiwickes', Hundreds, Baronies, and Constablewicks', to make diligent search for the bodies of the said E. F. and G.H. and them or either of them so found, to attach and arrest, and immediately upon such arrest to bring before me at my house at Dale in the said County, whereof you may not sail at your peril, sealed with my seal and dated the first day of january in the xiii. year of the Reign of our sovereign Lord King Charles of England, Scotland, France, and Ireland, defender of the faith, etc. 3. The like warrant may be made for the apprehension of felons, mutatis mutandis. A warrant to search for stolen goods may be thus. Comitat. Dublin. 4. A.B. Esquire one of his Majesty's justices of peace within the County of Dublin. To the Sheriff of the said County and to all high Constables, petty Constables, and all other his Majesty's officers greeting, etc. whereas E. F. hath informed me that divers goods and , viz. xx. l. in money, etc. (and so name all the goods) have been lately stolen from him, these are therefore in his Majesty's name, straightly to charge and command you, and every of you, upon sight hereof presently without delay in all suspected houses and places within your several Bailiwickes', Hundreds, Baronies, and Constablewicks', to make diligent search for the said goods, and where you shall find the same or any part thereof, to arrest the parties in whose houses, or possessions the said goods or any part thereof shall be so found, and so them arrested to bring before me to my house at Dale with all convenient speed, whereof you may not fail at your peril sealed with my seal and dated the _____ day of _____ etc. 5. When any of the said felons, or traitors shall be so arrested and brought before the justice of peace, the justice must take the examination of the traitors or felons, in writing but not upon oath, and must examine them upon all circumstances, whereof he shall receive information from the accusers, and upon such other circumstances as he in his own discretion shall think fit, for the discovery of the Treason or felony. The form of the Examinations may be thus. 6. The Examination of A.B. etc. taken before me R.B. one of his Majesty's justices of peace in the County of M. the first day of February in the xiii. year of the Reign of our sovereign Lord Charles by the grace of God King of England, Scotland, France, and Ireland defender of the faith, etc. The said examinat. being duly examined saith, etc. and so set down every particular answer that the prisoner shall make, to the questions that shall be demanded of him. 7. This being done, the justice of peace must take the examinations of the accusers, and such other as can give any evidence material against the prisoner, and their examinations must be taken in writing severally and that upon oath. The form whereof may be thus. 8. The examination of A.B. etc. taken before me C.B. Esquire one of his Majesty's justices of peace, in the County of Dublin the first day of March in the xiii. year of the Reign of our sovereign Lord Charles by the grace of God King of England, Scotland, France, and Ireland defender of the faith, etc. This examinat. being duly sworn upon the holy Evangelist and examined upon his oath, saith, etc. and so set down at large all the material circumstances that he shall declare to prove the treason or felony. 9 This being done the justice of peace must make a Mittimus to convey the prisoner to the County Gaol. The Mittimus may be in this form. 10. Comitat. Cavan. A.B. Esquire one of the justices of peace in the County of C. to the keeper of his Majesty's Gaol in the said County greeting: I send you therewithal the body of E.F. late of G. labourer brought before me this present day and charged with the felonious stealing of one black horse of the goods of I.H. and therefore these are in his Majesty's name to command you that immediately upon sight hereof you receive the said E.F. into your custody, and him safely keep in his Majesty's Gaol of the said County, until he shall be thence delivered by due order of his Majesty's Laws, whereof you may not fail, as you will answer for your contempt at your peril, dated at Dale the first day of january, etc. 11. I do not like of the Mittimus commonly used in Ireland that is to send the prisoner from Constable to Constable, for I find by experience that thereby many notable offenders do escape, and then many times go into Rebellion to the great prejudice of the common wealth, but I like better that he should be conveyed to the Gaol by the Constable of that Constablewicke where he was apprehended, and that by a sufficient guard at the charge of the Constablewicke, for which the justices of peace shall do well to conceive a general order at their general Sessions of the peace. 12. This being done the justice of peace must take a several Recognisance of every one of the accusers, and of every one that can give evidence against the prisoner, the form of which Recognisance may be thus. Com. Dublin. 13. Memorandum quod tertio die Aprilis anno Regni Domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae, regis fidei defensoris. A.B. de C. in comitatu praedicto Yeoman personaliter coram me I. H. uno Iusticiariorum dicti Domini Regis in & per totum comitatum praedictum ad pacem dicti Domini Regis conservandum, etc. assignat. apud Dale in Com. praedict. recognovit se debere dicto Domino Regi decem libras bonae & legalis monetae de bonis, & Catallis, terris & tenementis suis fieri & levari ad opus dicti Domini regis, heredum, & successorum suorum, si defecerit in conditione subsequenti. The condition of the above Recognisance is such that whereas one A.B. late of C. labourer was this present day brought before me, and was charged with the felonious stealing of one black horse of the goods of the above named B.E. and thereupon was sent by me the above named justice of peace, to the King's Majesty's gaol of the said County of Dublin: If therefore he the said B. E. shall and will at the next general gaol delivery to be holden in the said County, prefer or cause to be framed and preferred a bill of indictment of the said felony against the said A.B. and shall and will then also give evidence there concerning the same aswell to the jurors that shall then make enquiry of the said felony as also to them that shall pass upon the trial of the said A. B. That then the said Recognisance shall be void, or else, etc. 14. The like Recognisance must be taken severally of all such as can give any material evidence against the prisoner with the like condition. 15. And in cases of Treason the like Recognisance must be taken as in felony mutatis mutandis. 16. Also the justice of peace ought to return the said examinations and Recognizances at the next gaol delivery or else he is to be fined. 17. Now concerning Misprisions and Praemunires, the Iust. of peace may make out a warrant to apprehend offenders in this form following, viz. A.B. Esquire one of his Majesty's justices of peace within the County of Lowth, Lowth. To the Sheriff of the said County, and to all and singular the high Constables, petty Constables, and all other his Majesty's officers in the said County greeting. These are in his Majesty's name straight to charge and command you, and every of you, within your several Bailiwickes', Hundreds, Baronies, and Constablewickes', to make diligent search for the body of O.D. late of E. in the County aforesaid labourer, and him so found to attach and arrest and presently without delay to bring him before me at my house in Dale in the said County to answer to such matters as on his Majesty's behalf shall be objected against him, hereof you may not fail at your peril. Sealed with my seal and dated, etc. 18. And in all cases where the prisoner is bailable which you may find in the Chapter of Bail and Mainprize the prisoner may be bailed by two justices of peace whereof one to be of the Quorum, the form of which bail may be as followeth, viz. Memorand. quod vicessimo die mensis julij Anno Regni Domini nostri Caroli Dei gratia, Angliae, Scotiae, Franciae, Lovid. & Hiberniae regis fidei defensoris, etc. coram nobis A. B. & C. D. duobus Iusticiariorum dicti Domini Regis ad pacem ejusdem Domini Regis in & per totum Comitat. Lovidiae predict. conservand. apud Dale in Comitatu praedict. venerunt E.F. & G.H. de I. in comitatu predicto Yeomen & ceperunt in ball. usque ad proximam gaolae deliberationem in dicto comitatu tenend. quendam L. M. de N. Labourer, captum & detentum in prisona pro suspitione cujusdam feloniae, etc. & assumpserunt super se scil. quilibet predictorum E. F. & G. H. sub poena vigint. librarum, bonae & legalis monetae de bonis & Catallis, terris & Tenementis, eorum quorumlibet, & cujuslibet eorum, ad opus dicti Domini Regis heredum & successorum suorum levandurum si prefatus L.M. ad eandem proximam gaolae deliberationem, personaliter non comparebit coram justiciarijs dicti Domini Regii ad dictam gaola deliberationem assignat ad standam rect. de felonia predicta, & ad respondendum dicto Domino Regi, iunc & ibidem de & super omnibus quae illi objicientur. Datum sub sigillis nostris die et anno supradict. Or thus if the prisoner be indicted. Memorand. quod secundo die mensis Septembris anno Regni Domini nostri Caroli dei gratia, Angliae, Scotiae, Franciae, & Hiberniae, Lovid. Regis fidei defensor, coram nobis A.B. & C.D. armigeris duobus Iusticiariorum dicti Domini Regis ad pacem in Comitat. predict. conservand. apud E. in Com. predict. venerunt F.G. de H. & I.R. de L in come. predict. & manuceperunt pro R. B. de L. in Com. predict. gener. viz. quilibet eorum corpus pro corpore, quod idem R. B. personaliter comperebit coram justiciarijs dicti Domini Regis ad gaolam deliberand. assignatis, ad proximam gaolae deliberationem in Com. predict. tenend. ad standum recte in Curia, si quis versus eum loqui voluerit, de diversis felonijs & transgressionibus unde Idem R.B. indictatus existit ut dicitur, & ad respond. dicto dom. regi de ijsdem prout debet. datum sub sigillis nostris, etc. 19 Note that upon this last precedent the mainperners shall be fined at the discretion of the justices, if the prisoner make default to appear. 20. These bails must be returned by the justices of peace at the next gaol delivery, or otherwise they are fyneable. The form of the warrant to enlarge the prisoner that is bailed as aforesaid may be thus. 21. Lovid. A. B. and C. D. two of his Majesty's justices of peace in the County of Lowth, To the keeper of his Majesty's gaol of the said County greeting. Forasmuch as R. B. of, etc. labourer hath before us found sufficient mainprize to appear before the justices of the gaol delivery at the next general gaol delivery, to be holden in the said County, there to answer to such things as shall be then on the behalf of our said sovereign Lord objected against him, and namely to the felonious taking of two sheep of the goods of I.S. for the suspicion whereof he was taken and committed to the said gaoler: We command you on the behalf of our said sovereign Lord, that if the said R.B. do remain in your custody, for the said cause and for none other, than you forbear to grieve or retain him any longer, but that you deliver him thence and suffer him to go at large, whereof you may not fail at your peril, given under our seals the 20. day of, etc. Forceible Entries, etc. 22. Concerning forceible Entries, and forceible detainers any one justice of peace to whom complaint shall be made aught to view the force, and if at his coming he find the possession held by force, he must remove the force, and to that end he may take to his assistance, the Sheriff of the County and so many others as he shall in his discretion think fit for this service, and he must also send to prison all such as he finds upon his view committing the force, or holding by force and must make a record of the same, which record must remain amongst the records of the peace, or else be certified into the King's Bench which may be done without any Certiorari. The form of the Record of a force may be thus. Com. Dublin. 23. Memorandum quod octavo die mensis januarij anno Regni Domini nostri Caroli Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, etc. questus est mihi johanni Stile armigero, uni Iusticiariorum dicti Domini Regis ad pacem in dicto comitatu Dublin conservandam assignatorum quidam A.B. de Killmainham in dicto Com. Yeoman, quod C. D de Killmainham predict. & nonnulli alij pacis dicti Domini Regis preturbatores ignoti in domum mansionalem ipsius A.B. in Killmainham predict. manuforti ingressi sunt, & ipsum A.B. inde disseisiverunt ac eandem manuforti et armata potentia adhuc tenent ac proinde petijt à me sibi in hac parte remedum apponi, quaquidem quaerimonia et petitione audita ego prefatus johannes Stile ar. immediatè ad dictam domum mansionalem personaliter accessi, ac in eadem domo adtunc inveni prefatum C.D. et quosdam E.F. et G.H. etc. domum illum vi et armis manuforti et armata potentia, viz. arcubus et sagittis, gladijs pugionibus et alijs armis tam offensivis quam defensivis contra formam statuti in Parliamento Domini Richardi nuper Regis Angliae secundi anno Regni sui xv. to tento provisi, ac contra formam diversorum aliorum statutorum in hujusmodi casu editorum et provisorum, ac proptereà ego prefatus johannes Stile predict. C.D.E.F. et G.H. adtunc et ibidem arrestavi proximoque gaoli dicti Domini Regis apud Killmainham predict. in dicto Com. duci feci ut de dicta manuforti tentione per visum et Recordum meum convictos, ibidem morituros quosque fines dicto Domini Regi pro trangressionibus suis predictis fecerint. datum apud Sale in Com. predicto sub sigillo meo die & Anno supradictis. The form of the Mittimus to the Gaoler may be thus. 24. Com. Dublin. john Style Esquire one of the justices of peace of our sovereign Lord the King's Majesty within his said County of Dublin, to the keeper of his Majesty's gaol in the said County, and to his Deputy and Deputies there and to every of them greeting. Whereas upon complaint made to me this present day by A.B. of Killmainham in the said County Yeoman I went immediately to the dwelling house of the said A.B. in Killmainham aforesaid and there found C.D.E.F. and G.H. of Killmainham aforesaid Labourers forceibly, and with strong hand and armed power, holding the said house, against the peace of our said sovereign Lord, and against the form of the statute of Parliament thereof made in the fifteenth year of the Reign of our late King Richard the second, therefore I send you by the bringers hereof the bodies of the said C.D. E.F. and G.H. convicted of the said forceible holding, by my own view, testimony, and record, commanding you in his Majesty's name to receive them into your said Gaol, and there safely to keep them, until such time as they shall make their fines to our said sovereign Lord for the said trespasses and shall be thence delivered by the due and orderly course of Law, whereof fail you not upon the peril that may ensue thereof. Given at Dale under my seal the day of, etc. Upon this recording of the force, the justice of peace may not restore the possession to the party that was put out, without first making enquiry by a jury, and to that end he must make a precept to the Sheriff in nature of a venire facias. The form of the precept may be thus. 25. johannes Stile armiger unus Iusticiariorum Domini Regis, Com. Dublin. ad pacem in Com. Dublin conservandam assignatorum vicecomiti ejusdem Com. salutem, ex parte dicti Domini Regis tibi mando & precipio quod venire facias coram me apud Swords in Com. predict. vicessimo die Septembris proximo futuro, viginti quatuor probos sufficientes & legales homines, & vicineto de Dale in Com. pred. quorum quilibet habeat quadragint. solidos terr. & tenementorum, vel redditum per annum ad minus ultra reprisas, ad inquirendum super sacramentum suum pro dicto Domino Rege de quodam ingressu manuforti facto in unum messuagium cujusdam A.B. apud Dale predictum, contra formam statuti in Parliamento Domini Henrici nuper Regis Angliae, Sexti Anno Regni sui octavo tento, & aliorum statutorum in hujusmodi casu provis. ut dicit & videas quod super quemlibet juratorum per te in hac par te impanilandorum vigint. solidos de exitibus ad prefatum diem returns & hoc nullatenus omittas sub poena vigint. librarum quam noveris te incursum si in executione premissorum tepidus aut remissus fueris, & habeas ibi tunc hoc preceptum. Teste me prefato johanni Stile primo die Septembris Anno Regni Domini nostri Caroli Dei gratia, Angliae, Stotiae, Franciae, & Hiberniae, Regis fidei defensor, etc. If upon the return of this precept a full jury do not appear an alias may be awarded and after that a pluries infinite till they come but so that at the day of the return of the second precept there must be returned 40. s. in Issues upon every juror that makes default, and at the return of the pluries 5.l. and at every day after the issues are to be doubled until a full jury appear, and after that a full jury hath appeared the justice of peace must swear twelve or more of them and give them in charge to inquire of that particular forceible Entry or detainer. The Enquiry or verdict of the jurors may be thus. Com. Dublin. 26. Inquisitio pro Dom. Rege capta apud Swords in Com. Dublin vicessimo die Septembris Anno Regni Domini nostri Caroli Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae, Regis fidei defensoris, etc. per sacramentum A. B.C.D.E F. etc. (and so name all the jurors that are sworn) coram me johanne Stile Ar. uno Iusticiariorum dicti Domini Regis ad pacem in dicto Comitatu conservandam nec non ad diversa felonias transgressiones et alia malefacta in eodem Comitatu perpetrata audiendum et terminandum assignat. Qui dicunt super sacramentum suum predictum quod C.D. de Swords predict. Yeoman, diu legitime et pacifice sesitus fuit in dominico suo ut de feodo de et in uno messuagio, etc. cum pertinentijs in Swords predict. et possessionem ac seisinam suam predictam sic continuavit, quosque A.B. de Swords predict. Yet these words vi & armis here seem to be needless being necessarily employed in the word manuforti. Yeoman et alij malefactores ignoti primo die Septembris ultimo elapso vi, et armis, viz. baculis, gladijs, arcubus, et alijs armis tam offensivis quam defensivis in messuagium predictum et ceteris premissis intraverunt ac ipsum C.D. inde deseisiverunt et manuforti expulerunt et eundem C.D. sic disseisitum et expulsum ab eodem messuagio, etc. à predicto primo die Septembris usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine et potentia armata extra tenuerunt et adhuc extra tenent in magnam pacis dicti Domini Regis perturbationem ac contra formam statuti in hujusmodi casu edit. et provis. Or thus upon the statute of 8. H. 6. And yet it seems not best to recite the statute but show the forc●ible Entry, etc. and to conclude contra formam statuti in hujusmodi casu edit. & provis. short, and not at large, and then ●t will refer to one or more statutes as the case requireth. 27. Iurator. pro Dom. Rege, presentant quod cum in statuto in Parliamento Domini Henrici nuper Regis, Angliae Sexti, apud Westmonestarium, Anno Regni sui octavo tent. edit. inter cetera continetur, quod si aliqua persona, sive aliquae personae de aliquibus terris aut tenementis manuforti expuls. seu disseisit. vel pacifice expellatur et postea man ●forti extra teneatur vel aliquod feoffament, vel discontinuac. inde post talem ingressum ad jus possessoris defraudand. et tollendum aliquo modo fiat, habeat in hac parte pars gravat. versus talem disseisitor. assisam nove disseisin. vel breve transgress. et si pars gravat. per assisam, vel per actionem transgressiones recuperet, vel per veredictum, vel aliquo alio modo per debitam legis formam inveniatur quod pars defendens in terris, et tenementis sic ingressus fuit, vel ea per vim post talem ingressum suum tenuit, recuperet quer. damna sua ad triplam versus talem defen. Et ulterius idem defen. finem et redemptionem dicto Domino Regi fecerit, prout in statuto predicto plenius continetur, quidam tamen A.B. nuper de W. in Com. predicto husbandman et C.D. de eadem labourer, statutum predictum, minime ponderant, nec penam in eodem statuto content. aliqualiter verentes, primo die Februarij Anno Regni Regis Caroli, etc. apud C. in Com. predicto in unum messuagium tunc existent liberam tenement. Roberti W. manuforti ac vi et armis, viz. gladijs, etc. intraverunt et ingressum fecerunt, et predict. Robertum à libero tenemento suo manuforti, ac vi et armis predictis inde sine judicio expuler. et disseisiver. et L.P. milit. firmar. predicti Robert messuag. predicti, ad tunc et ibidem de predict. mess. expulerunt et ejecerunt et prefatum Robertum sic inde expulsum et disseisit. et pred. L.P. sic eject. à predicto primo die Februarij Anno supradicto usque diem captionis hujus Inquisitionis, de predict messuag. vi et armis predict. et manuforti extratenuerunt et adhuc extratenent in contemptum dicti Domini Regis nunc et ad grave damnum ipsius Domini Regis, et contra pacem dicti Domini Regis, contra formam statuti predict, etc. Or thus upon the statute. 5. R. ●. 28. Inquiratur. pro Domino Rege, For such recital of the statute see after in the title indictments. etc. quod cum in statuto in Parliamento Domini Richardi nuper Regis Angliae secundi, post conquestum apud Westm. Anno Regni sui quinto, tent. edit. inter cetera ordinat. sit, quod nullus fecerit ingressum in aliquas terras sive tenementa, nisi in casu, ubi ingressus datur. per legem, et illo casu non manuforti nec cum multitudine gentium, sed licito et quieto modo tantum, et si quis in contrarium fecerit et inde debite convictus fuerit per imprisonamentum corporis sui puniatur, et finem ad voluntatem Domini Regis faciat prout in eodem statuto inter alia plenius continetur quia tamen T.H. de I. in Com. predicto Yeoman et alij, etc. stat. predict. minimè ponderant. 2. die Martij Anno Regni Domini jacobi, etc. vi et armis, viz. baculis, gladijs, falcastris, et bifurcis, in unum clausum I.C. militis jacent. apud Dale in Com. predicto in quodam loco ibidem vocat H. super possessionem ejusdem I.C. militis ubi ingressus eis, aut eorum alicui non datur per legem ingressum fecerunt, et cent porticas sepium vivar. ipsius I. militis, adtunc et ibidem crescent radicaverunt evulserunt, et spoliaverunt in dict. Domini Regis nunc contemptum et ad grave damnum ipsius I.C. militis et contra formam statuti predict. etc. For a Lessee for years that is put out the form upon the statute of 10. Caroli may be thus. 29. Inquisitio pro Domino Rege capt. apud B. in Com. predict. primo die julij Anno Regni Domini nostri Caroli Dei gratia, Angliae, Franciae, et Hiberniae, Regis fidei defensoris decimo tertio per sacramentum A.B.C.D.E.F. etc. coram johanne Miles armigero uno justiciar. dicti Domini Regis ad pacem in dicto Com. conservandum nec non ad diversa felonias transgressiones, et alia malefacta in eodem Com. perpetrata audiendum et terminandum assignatorum, qui dicunt super sacramentum suum predictum quod A.B. de C. in Com. predicto gener. seisitus fuit in dominico suo ut de feodo, de et in uno messuagio, etc. cum pertinentijs, in Dale in Com. predicto, et sic sesit. existent. primo die August. Anno Regni dicti Domini Regis nunc decimo apud Dale predict. demisit. et ad firmam tradidit predictum messuagium cum pertinentijs cuidem C.D. de Dale predict. Yeoman pro termino vigint. et unius annorum ex tunc proximè sequentium plenare complendorum et quod virtute ejusdem dimisionis idem C.D. postea, sc. secundo die Augustij Anno Regni dicti Domini Regis nunc decimo supradicto, in predictum messuagium, etc. intravit et fuit inde possessionatus, reversione inde predicto A.B. expectante, et predictus C.D. possessionem suam predictam inde quiete et pacifice continuavit, quosque E.F. de Dale predict. Yeoman, decimo die Augustij Anno Regni dicti Domini Regis nunc Angliae, Scotiae, Franciae, et Hiberniae, tertio, in predictum messuagium, etc. cum pertinentijs vi et armis intravit et ipsum C.D. à possessione sua inde manuforti et vi armata ejecit et expulsit, et ipsum C.D. sic ejectum et expulsum ab eodem messuagio, etc. cum pertinentijs à predicto secundo die August. anno supradicto usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine et potentia armata, extratenuit et adhuc extratenet. in magnam pacis dicti Domini Regis perturbationem ac contra formam statut. in tali casu edit. et provis. The form of the Inquisition for Tenant by Elegit that is forceibly put out may be thus. 30. Inquisitio pro Domini Rege, etc. as in the next precedent precedent, Qui dicunt super sacramentum suum quod cum A.B. de C. in Comitatu predicto Yeoman coram justiciarijs Domini Regis nunc de Banco in Termino sancta Trinitatis Anno Regni sui decimo per judicium ejusdem curia recuperavit versus C.D. de Dale in Com. predict. Yeoman quoddam debitum et damna attingentia ad viginti libras ster. et predictus A.B. in curia predicta pro satisfactione ejusdem summae facienda elegit omnia bona et catalla predict. C.D. preter boves et afros de carruca, sua necnon medietatem omnium terrarum, et tenementorum ejusdem C.D. juxta formam statuti inde edit. et provis. sibi liberari cumque etiam T.K. miles nuper vicecomes Com. predicti virtute brevis dicti Domini regis de Elegit ex parte dicti A.B. eidem tunc vicecomiti Com. predict. direct. gerent. dat. primo die junij anno supradicto secundum exigentiam ejusdem brevis deliberabat predicto A.B. unum messuagium in Dale predict. annui valoris viginti solidorum existent. medietatem omnium tertarum et tenemen. de quibus predict. C.D. tempore judicij predict. redit. aut unquam postea fuit sesitus in Com. predicto Tenendum sibi et assignatis suis ut liberum tenementum suum juxta formam statut. in hujusmodi casu provis. donec idem A.B. predict. viginti libras juxta valorem predict. de messuagio predicto levaverit, virtute cujus predict. A.B. in messuagium predict. cum pertinentijs intravit et fuit inde possessionatus, ut tenens per Elegit, et possessionem suam inde quietè et pacificè continuavit quousque R.G. de D. etc. et alij malefactores ignoti primo die Septembris ultimo preterito vi & armis, viz. baculis, gladijs, arcubus, et sagittis in messuagium predictum, etc. intraverunt, et ipsum A.B. manuforti et vi armata à possessione sua predict. inde ejecerunt, et expulerunt, et eundem A.B. sic expulsum et ejectum ab eodem messuagio, etc. a predicto primo die Septembris usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine et potentia armata, extratenuerunt et adhuc extratenent in magnam pacit dicti Domini regis perturbationem, ac contra formam statut. in hujusmodi casu edit. et provis. The like precedent may be made for Tenant by statute merchant or of the staple, or upon a Recognisance mutatis mutandis. The form of the Inquisition of forceible Entry for guardian in Chivalry may be thus. 31. Inquisitio, etc. ut supra, qui dicunt super sacramentum suum predictum quod A.B. nuper de C. in Com. Dublin predict. Yeoman seisitus fuit in dominico suo ut de feodo de et in uno messuagio, etc. in Dale in Com. predicto, et sic seisit. existent. obijt inde seisit. post cujus mortem predict. messuagium, etc. discendebat E.B. filio et heredi suo, qui quidem E.B. tempore mortis patris sui predicti fuit et adhuc est infra etatem viginti et unius annorum, et quod custodiam terrae et haeredis predicti A.B. pertinet. ad G.H. Armiger. Eo quod predictus A.B. terram suam predict. tenuit. de prefat. G.H. per servitium militare, virtute cujus idem G.H. in messuagium predictum, etc. intravit, et fuit inde possessionatus ut gardianus per servitium militare et possessionem suam predict. inde diu pacificè et quiete continuavit quousque I.K. de Dale predict. Yeoman decimo die die Augusti, etc. in mess. pred. etc. vi et armis intravit et ipsum G.H. à possessione sua inde manuforti et vi armata expulit et ejecit, et ipsum G.H. sic expulsum et ejectum ab eodem messuagio, etc. à predicto primo die Augusti anno supradicto usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine, et potentia, armata extratenuit et adhuc extratenet, in magnam pacis dicti Domini Regis perturbationem ac contra formam statut. in hujusmodi casu edit. et provis. The form of the Inquisition for Tenant by Copy of Court Roll may be thus. 32. Inquisitio capta, etc. ut supra, qui jurat. super sacramentum suum predict. dicunt. quod A.B. de C. in Com. predict. Yeoman seisitus et possessionatus fuit in dominico suo ut de feodo, ad voluntatem Domini secundum consuetudinem manerij de Dale in Com. predict. de uno mess. etc. in Dale predict. ut tenens per copiam Rotulorum curiae ejusdem manerij et sic seisitus et possessionatus existen. seisinam et possessionem suam predict. diu pacifice et quiete continuavit quousque E.F. de Dale predict. in Com. pred. labourer primo die Augusti anno, etc. in mess. pred. etc. vi et armis, etc. intravit et ipsum A.B. à possessione et seisina sua pred. inde manuforti et vi armat. expulit et amovit et ipsum sic expulsum et amotum ab eodem mess. etc. à predicto primo die Augusti anno supradict. usque ad diem captionis hujus Inquisitionis cum hujusmodi fortitudine et potentia armat. extratenuit et adhuc extratenent in magnam pacis dicti Domini Regis perturbationem ac contra formam statuti in hujusmodi casu provis. The warrant to the Sheriff for making of restitution of possession may be thus. 33. johannes Cotton Miles unus justiciar. etc. assignat. vicecom. ejusdem Com. salutem. Cum per quandam Inquisitionem patriae coram me apud B. in Com. predicto 19 die julij, etc. super sacramentum A.B.G.D.E.F. etc. ac per formam statut. de ingressibus manuforti factis in tali casu provis. compertum fuit, quod C.D. etc. et alij, etc. primo die Septembris, etc. in quodam messuagio, etc. A.B. etc. in W. predict. vi et armis ingressi sunt ac ipsum A.B. inde tunc manuforti disseisiverunt, et expulerunt, et predictus A.B. sic expul. à pred. messuag. etc. à predict. primo die Septemb. etc. usque ad diem captionis Inquisitionis pred. manuforti, et cum potentia, armat. extra tenuerunt, prout per Inquisitionem pred. plenius liquet de Recordo, Ideo ex parte dicti Domini Regis tibi mando et precipio quod (ad hoc debite requisitus) una cum posse comitatus tui (si necesse fuerit) accedas ad mess. et cetera premissa, ac eadem cum pertinentijs reseisire facias, et prefat. A.B. de et in plenam possessionem suam inde, prout ipse ante ingress. pred. fuerat seisitus restitui et mitti, facias, juxta formam dict. statut. Et hoc nullatenus omittas periculo incumbente, Teste me prefat. Io. Cotton, etc. 34. The like warrant may be made for Lessee for years, Tenant per Elegit, statute merchant or the statute guardian in Chivalry and Coppiholder mutatis mutandis. 35. A Certificate of the presentment, or verdict of the jury may be made into the King's Bench whereof vide antea tit. forceible Entry. 36. The like certificate may be made into the King's Bench of the Record of a force viewed by the justice, whereof vide antea title forceible Entry. 37. These two former certificates (and the like) may be done and made by the justice of peace by way of a letter enclosing therein the said presenment of the jury, or the said Record of the justice, except the same be removed thither by a Certiorari, and then may the justice return them in such manner as appeareth hereafter title Certiorari with some little alteration. 38. Or the justice of peace may himself deliver into the King's Bench such presentment found before him or such Record made by him, and that without Certiorari, for that he is a judge of Record. 8 E. 4. ●8. Br Cor 152. Cromp. 133. The form of proceeding upon the statute of North-hampton made in Anno secundo Ed. 3. ca 3. the effect of which statute is as followeth, viz. 39 No man whatsoever (except the King's servant and Ministers in his presence, or in executing his precepts or their offices, and such as shall assist them, and except it be upon Cry or Proclamation made for Arms, to keep the peace, and that in places where such Acts do happen) be so hardy to come before the King's justices, or other his Ministers doing their offices with force and Arms, nor bring any force in Affray of the country, nor go nor ride armed by night, or by day in Fairs or Markets, or in presence of the justices, or other Ministers, nor in any place elsewhere, upon pain to forfeit his armour to the King, and his body to imprison at the King's pleasure. 2. Ed. 3. cap. 3. 40. Upon this statute, he that is put out, or holden out of his land with force, useth to have at this day a writ directed out of the Chancery, either to the Sheriff only (as Master Fitzh. in his Na. Br. fol. 149. rehearseth it, for I find it not in the Register of writs) or else custodibus pacis ac vicecomiti & eorum cuilibet (as the common manner is) commanding that Proclamation be made upon the statute, and that if any be afterwards found offending against the same, they shall be committed to prison, there to remain until some other commandment be given concerning them) and that their armour and weapon shall be prised, and the same answered to the use of the King's Majesty. 41. But forasmuch as that justice of peace, (to whom this writ shall be delivered) is to make execution of the same, as a minister only, and is to certify his doing therein, I think good to lend these few helps towards it. 42. At his coming to the place, where the force is supposed by this writ, he may cause three O yes for silence to be made with this or such another Proclamation. 43. The King's Majesty's justice of his peace straightly chargeth, and in his Majesty's name commandeth all and every person to keep silence, whilst his Majesties writ upon the statute made at North-hampton, in the second year of King Edward the third his noble Progenitor (delivered to the said justice) be read and Proclamation be made thereupon accordingly. 44. Then may he read the writ, or declare the effect thereof in English. 45. After that let three other O yes be made, and thereupon may this Proclamation follow. 46. His Majesty's said justice doth in his Highness' name, and by virtue of his said writ straightly charge and command that no manner of person, of what estate, degree, or condition soever, now being within the house of B. etc. named in the said writ, shall go armed, nor keep force of armour or weapon, nor do any thing there or elsewhere in disturbance of his Majesty's peace, or in offence of the said statute upon the pains of losing his said armour and weapon and of imprisoning his body at his Majesty's pleasure. God save the King. 47. This done the justice may enter, and search whether there be any force of armour, or weapon worn or borne against this Proclamation, or otherwise he may inquire thereof by a jury, for so the writ itself doth warrant him to do, and if any such be found he ought to imprison the offenders, and to seize and apprise the Armour and weapon so found with them, but if (upon the Proclamation made) they do departed in peaceable manner, then hath he no warrant by the writ to commit them to prison. 48. But now let me show him a form of Certificate (or return) of this writ into the Chancery, and then make an end. 49. Upon the back of the writ these words may be endorsed, viz. 50. Executio istius brevis patet in quadam scedula eidem brevi consuta. The schedule may be thus. 51. Ego johannes Twysden armiger. unus custodum pacis Domini Regis in Com. Dublin certifico, in Cancellariam dicti Domini Regis, quod virtute istius brevis mihi primo deliberati, decimo die Aprilis, Anno, etc. publicè proclamari ex parte dicti Domini Regis feci, apud B. Cujus in dicto brevi fit mentio prout in dicto brevi precipitur, & quod quidem A. & D.E. de F. in Com. predict. Labourers. predictam Proclamationem parvi pendentes post Proclamationem predictam ibidem sic factam armati iverunt, as armatam potentiam ibidem duxerunt, scilicet. duas galeas, unum arcum et decem sagittas, duos gladios et totidem pugiones in perturbationem pacis dicti Domini Regis, ac terrorem populi sui necnon in contempt. statut. in dicto brevi specificati manifestum. Ac proinde dict. A.C. et D.E. unacum armaturis suis predict. arrestavi ac seisivi et eorum corpora ad proximam prisonam dicti Domini Regis in Com. pred. duci feci, ibidem moratus, donec aliud à dicto Domino Rege pro ipsorum deliberatione habuero in mandatis, armaturas etiam eorum predictorum appretiari feci per A.B.C.D. et E.F. de B. predict. Yeomen ad hoc juratos. Qui dicunt super sacramentum suum pred. quod predictae duae galea valent decem solid. et quod dict arcus et decem sagitti valent sex sol. et quod gladij predicti valent viginti sol. et quod dicti pugiones valent quinque solid. et sic quod armatura pred. valet. in toto quadraginta et unum solid. de quibus paratus sum respondere secundum tenorem dicti brevis, In cujus rei testimonium huic presenti certificationi mea sigillum meum apposui dat. apud B. pred die et anno supradictis. 52. By this you have seen, what one justice of the peace ought to do in the execution of this statute as a Minister, and by the same you may also see, what he may do therein of himself ex officio as a judge, and without any writ brought unto him. 53. For not only by the plain words of the statute of Northhampton, the wardens of the peace have power (within their wards) and are commanded to execute this Act upon a pain, but also by good implication in the Commission itself, every Warden of the peace hath the statute of Northhampton committed to his charge, so that both in the matter and manner, the doing is all one saving that, if he do it as a judge, he needeth not to make any Proclamation (the statute being a prohibition in itself) nor yet to send any certificate into the Chancery but only to make his own Record of that which he shall do in this behalf, and thereout to send an estreate into the Exchequer, that the King may be answered of the armour, or of the value thereof. 54. And here (perhaps) the redemption of the imprisonment may be at the discretion of the same justice, even as in●●● statutes of 15. R. 2. and 8. H. 6. it seemeth to be, but therein my adun shall be the same that I gave them before; Adjoining this that in 〈◊〉 execution of this statute of Northhampton, the justice of the peace hath to do with the removing of the force only, and may not meddle with any restitution of the possession. Riots. The form of the Record of a Riot, viewed by the justices and Sheriff or undersheriff may be thus. 55. Memorandum quod vicessimo die januarij anno Regni Domini nostri jacobi Dei gratia, Com. 〈◊〉▪ etc. Nos johannes Cuts miles & johannes Cage Miles duo justiciar. dicti Domini regis ad pacem in Com. predict. etc. assign. & Gulielmus Wyndie Miles adtunc vicecomes ejusdem Com. ad gravem quarimoniam & humilem petitionem A. B. de C. in dicto Com. Yeoman, in proprijs personis nostris accessimus ad domum mansionalem ipsius A.B. in C. predict. ac adtunc & ibidem invenimus D. E. F. G. & H.I. de C. predict. Labourers ac alios malefactores, ac pacis dicti Domini Regis perturbatores ignotos ad numerum decem personarum modo guerrino armatos, viz. gladiis, pugionibus, galeis, arcubus & sagittis, illicitè & riotosè agrogatos & eandem domum obsidentes, multa mala in ipsum A.B. comminantes, in magnam pacis dicti Domini regis perturbationem ac populi sui terrorem ac contra formam statut. in hujusmodi casu edit. et provis. ac propterea nos prefat. johan. Cuts, johan. Cage, et Willielmum Wendye predict. D.E.F. G.H.I. etc. tunc et ibidem arrestari ac proximum gaolae dicti Domini Regis in Com. pred. duci fecimus per visum et recordum nostrum de illicita congregatione et riot. pred. convictos, ibidem moraturos quousque finem dicto Domino Regi proinde fecerint, In cujus rei testimonium huic presenti Recordo nostro sigilla nostra apposuimus, dat. apud C. pred. die et anno, etc. Lamb. fo. 320. 56. And if a man be slain, or maimed, or a rescous be done to the officer by the Riotters, than the Record ought to be riotose occiderunt et riotose mahimaverunt ac riotose rescusserunt, because their authority in this case is restrained to the riot only, so as notwitstanding that record, the parties may plead not guilty to the felony or to the rescous, howsoever for the riot, they are estopped. 57 The Mittimus, Mittimus. for conveying the Riotters to the gaol may with some few words of change, be made out of that, which is here before, for such a hold by force see hereof paulo antea, amongst the precedents of forceible Entry. The precept (to the Sheriff) to return a jury for an Inquiry upon a Riot. Com. Dublin. 58. johannes Cuts miles, et johannes Cage miles duo justiciar. etc. assign. viceco●. ejusdem com. salutem, Ex parte dicti Domini regis tibi precipimus, quo●●enire facias coram nobis apud I. in com. pred. xuj. die januarij prox. futuro 〈◊〉. probos sufficientes et legales homines, de Com. pred. quorum quilibet ha●●●t terras et tenementa, infra dict. Com. liberi tenementi per chartam ad ann. valorem vigint. solid. aut per copiam rotulorum curiae ad ann. valorem viginti sex solidorum et acto denar. aut per utrunque, ultra omnes reprisas, ad inquirendum pro dicto Domino rege, ac pro indemnitate nostra, in hac parte super sacram. suum de quibusdam illicitis aggregationibus & riotis apud C. in Com. predict. nuper commissus ut dicitur, Et hoc nullatenus omittas sub poena vigint. librarum, quam incursurus es, si in executione premissor. defeceris, & habeas ibi tunc nomina juratorum predict. Et hoc preceptum dat. sub sigillis nostris primo die januarij Anno Regni Dom. nostri Caroli 13. etc. The form of the Enquirie, Endictment, or Presentment of the jury may be thus. Com. Dublin. 59 Inquisitio pro Domino Rege, etc. (as before in forceible Entries,) coram johanne Cutts Milite & johanne Cage Milite duo justiciar. etc. qui ad hoc jurati & onerati dicunt super sacramentum suum predict. quod D.E.F.G. & H.I. simul cum alijs malefactoribus & pacis dicti. domini regis perturbatoribus ignotis ad numerum septem personarum, modo guerrino arraiat, vi & armis, viz. hawberdis, gladiis, arcubus, & sagittis primo die mensis januarij ultimam preterite. apud C. in Com. predict. inter horas octava. et nonam post meridiem ejusdem diei, domum mansionalem A.B. de C. pred. Yeoman, scituat. in C. pred. riotose fregerunt et intraverunt, et in ipsum A.B. tunc et ibidem in sultum fecerunt, ac ipsum tunc et ibidem verberaverunt, vulneraverunt et male tractaverunt ita quod de vita ejus desperabatur, in magnam pacis dicti Domini Regis perturbationem et populi terrorem, ac contra formam statut. de Riotis, Routis, et congregationibus gentium illicitis in hujus. casu edit. et provis. 60. As for the certificate Certificate. which ought to be made to the King and the Council in case that by this enquiry the truth of the fault and Riot be not found, such certificate may be done in English by way of a letter, comprehending the truth of the whole matter with the certainty of the time, place, and other circumstances of the fact and Riot, together with the certainty of the names of the Riotters, as also of the names of such, who by maintenance, embracery, or otherwise were any impediment to the finding thereof, with their several misdemeanours, which certificate or letter is to be directed and sent by the said justices of peace and Sheriff, or undersheriff into the Starchamber or King's Bench, etc. within one month, see antea tit. Riots. A Traverse to an endictment of a Riot, and the record thereupon. 61. Alias, Com. Dublin▪ scil. ad sessionem pacis tentam apud Killmainham in Com. pred. die Martis proxim. ante festum sancti Mathei Apostoli, anno Regni Domini nostri Caroli Dei gratia, Angliae, Scotiae, Franciae, et Hiberniae Regis fidei defensor. etc. _____ coram A.B.C.D. et alijs socijs suis justiciar. dicti Domini Regis ad pacem in Comitatu predicto conservandam, necnon ad diversa felonias, transgressiones, et alia malefacta in eodem Comitatu perpetrata audiend. et terminan. assign. per sacramentum duodecem Iurator. extitit. presentatum, quod I.L. de etc. R.M. de etc. et T.L. de etc. cum diversis alijs ignotis malefact. et pacis dicti Domini Regis perturbatoribus, modo guerrino armat. unit. et assemblat. vicessimo die junij in nocte ejusdem diei ann. etc. vi et armis, viz. bacculis, gladijs, clippeis, pugionibus, falcastris, et alijs armis tam invasivis quam defensivis clausum I.S. armigeri apud C. etc. riotose et roviose, fregerunt, et intraverunt, et octo plaustra foeni, ad valent. etc. ad tunc et ibidem existent. de bonis et Catallis dicti I.S. adtunc et ibidem injustè et illicitè ceperunt et asportaverunt contra pacem dicti Domini Regis, etc. et contra formam statut. inde edit. et provis. per quod praeceptum fuit vicecom. Com. predict. quod non omitteret propter aliquam libertatem quin venire faceret eos ad respondendum, etc. posteáque, scil. predicto die Martis proxim. ante festum sancti Mathei Apostoli anno supradicto coram prefatis justiciariis venerunt predicti I.L.R.M. et T.L. in propriis personis suis et habit. auditu indictament. predict. seperatìm dicunt, quod ipsi non sunt inde culpabiles, et de hoc ponunt super patriam, Et A. M. qui pro Dom. rege in hac parte sequitur similiter, etc. Ideò veniat inde jurata, cora. justiciarijs dicti Domini Regis ad pacem in Com. predicto assignat. etc. ad sessionem pacis apud Killmainham in Com. predict. die Martis proxim. post Epiphaniam Domini tunc proxim. futur. tenend. Et qui, etc. ad recognoscend. etc. quia tam, etc. idem dies datus est tam presato A.M. qui sequitur. etc. quam prefatis I.L.R.M. et T.L. etc. ad quam quidem sessionem tent. apud Killmainham predict. in Com. pred. die, etc. coram T.P.G.N. et H.P. Mil. et sotijs justiciar. dicti Domini Regis, ad pacem in Com. predicto conservand. necnon ad diversa felonias, transgressiones et alia malefacta, in eodem Com. perpetrata, audiendum et terminandum, assignatis venerunt, tam prefatis A.M. qui sequitur, etc. quam prefati I.L.R.M. et T.L. in proprijs personis suis, Et juratores predict. per vicecomitem Com. predict. ad hoc impanellati et exacti, viz. I.F.I.G. etc. similiter vener. Qui ad veritatem de premissis dicendam triati et jurati dicunt super sacramentum suum quod predict. I.L. R.M. et T.L. culpabiles sunt, et eorum quilibet culpabilis est, de trangressione contemptu, et riot. pred. in indictamento predicto superius specificat. modo et forma prout superius versus eos supponitur, ideo concessum est per curiam quod pred. I.L. R.M. et T.L. capiantur ad satisfaciendum dicto Domino Regi de finibus suis occasione transgressionis contemptus et riotti predict. qui quidem I.L. R.M. et T.L. adtunc et ibidem presentes in Curia petierunt se ad separales fines suas cum dicto Dom. Rege occasione pred. admitti, et inde ponunt se seperatim in misericordia Dom. Regis, et assessatur fines ejusdem I.L. per justiciar. pred. ad tres libras sex solid. et octo denar. et finis ejusdem R M. assessatur ad vigint. solid. et assessatur finis ejusdem T.L. ad quinque libr. bonae et legalis moneta, ad opus et usum dicti Domini Regis. Rules and observations concerning aswell Indictments of forceible Entries and Riots as other Inditements and presentments. For the form of indictments, in cases of forceible Entry and Riots I have here before set you down precedents: Nevertheless for that these indictments be the chief foundation whereupon the whole business and trial is after to be grounded and built, I thought it not amiss to observe here these few general rules, aswell concerning the matter as the form of these, and all other indictments or presentments to be taken before justices of the peace. 1. First in these indictments of forceible Entry, and Riots, (as also in all other endictments of felony or trespass) it is good to say contra pacem, or other words to that effect. 2. Also these words, vi et armis, viz. gladijs, etc. are of necessity to be used in Ireland, especially if the circumstances of the fact do require them, for these circumstances do either aggravate or diminish the offence, Stamf. fo. 94. because the statute of 37. H. 8. ca 8. 37. H. 8. ca 8. which maketh them needless is not of force in Ireland. But these words vi et armis, etc. are needless in an Indictment of forceible Entry, because they are employed in the word force. 3. Also in indictments founded upon statutes, it is not needful, Co. 484. nay it is not safe to recite the statute at all, for as the recital is not necessary, so the misrecital thereof is fatal to the endictment and maketh it void, but it is safe and sure to draw the endictment with this conclusion, sc. Contra formam statuti in hujusmodi casu provisi ac editi, Dyer 363. if the indictment be founded upon one statute or contra formam diversorum statutorum in hujusmodi casu edit. et provis. without naming any special statute where many statutes do concern one offence, and where it is ambiguous whether one or more statutes do concern the matter in question, the safest way to conclude is contra formam statut. in hujusmodi casu edit. et provis. short, which may refer to one or more statutes, as the case shall require. 4. Yet the offence against the statute must be certainly described in the indictment, and the material words in such statute must be fully set down therein. Plow. 97. 5. Also all indictments and presentments being in the nature of declarations for the King against the offenders, aught to contain certainty, and therefore six principal things be most commonly requisite in all presentments before the justices of peace, viz. 1. The names and surnames aswell of the parties indicted, as of the parties offended, with the addition of the degree or mystery and dwelling place of the party indicted. Yet in some cases, an endictment, quod procuravit personas ignotas, or quod bona cujusdam ignoti cepit, etc. or the like, may be good, See Br. Indictments 6. 10. 11. 2. The time, scil. the day and year when the offence was done. 3. The place, scil. the Town and County where it was done, Br. Indictment 24. 41. 42. as at B. in the County of C. 4. The name oer quality of the thing in which the offence is committed, viz. of dead things, it may be bona, et catalla, expressing them certainly, of live things equum, bovem, ovem, etc. but not bona, et catalla, so of entry, etc. into lands, etc. to express certainly whether it be a house, land, meadow, pasture, wood, etc. 5. Also the value or price of the thing, is commonly to be set down, to aggravate the fault. 6. The manner of the fact, Br. endictments 7. et 36. scil. the manner and nature of the felony or trespass. Also indictments ought to be framed so near the truth as may be, and the rather for that they are to be found by the jury upon their oaths. 7. Yea an endictment being veredictum, id est, Co. 4. 47. dictum veritatis and a matter of record, aught to set forth all the truth that by Law is requisite, for de non apparentibus et non existentibus eadem est ratio, and every part of the endictment material ought to be found by the oath of the jurors, and is not to be supplied by averment. Process. 1. The form of Process upon indictments of Trespass, which also the justices of peace out of sessions may in some few cases make out against offenders as it seemeth. 2. As the authority of making process upon endictments, is given by express words in the Commission to the justices of peace in their Sessions, so is it given by express words in some statutes to the justices of peace (yea too one justice of peace) out of their sessions to make process upon endictments found, (before them) against offenders, or upon information against them, as if they were indicted of Trespass in Sessions, as in cases of forceible Entry, etc. 3. Also in some other cases, and by some other statutes this authority of making out process (against offenders) by the justice of peace out of their Sessions seemeth to be employed of congruence, or rather of necessity, as where any statute doth give power and authority to the justices, or justice, of peace out of their Sessions, to inquire, hear, and determine, (as hic tit. Riots) tit. Tyle, and tit. Weights, in these and in all other such cases where the justice may inquire, hear, and determine there, after indictment or presentment of the offence, the said justice may make out process against such offenders, to cause the offenders to come and answer, for unless the offenders do come in, either gratis or by process, the justices cannot proceed to hear, and determine, again in the former cases of Tyle and Weights, as also in all other cases where any statute doth give power to the justices of peace, out of their Sessions, to hear and determine, either upon the confession of the offenders, or upon examination of witnesses, in all such cases it seemeth, the justices of peace may grant out their warrant against such offenders to appear before them, to answer to their said offences, and thereupon may proceed to examine, hear, and determine the offence, as being convict thereof, upon such confession, or examination without any indictment or process. Now these process may be as followeth. First if the offendor be absent, a venire facias A Venire facias. shall be awarded by the justice or justices of peace under his or their own teste, and if thereupon the offendor be returned sufficient (and maketh default) than a distringas Distringas or capias. shall be awarded, which distringas shall go forth infinite, till the offendor come in, but if a nihil habet, etc. be at the first returned, then after the venire facias, first a capias, than an alias and after a pluries shall go forth, and after that an exigent till the party be taken or yield himself, or else be outlawed. And these are the ordinary process upon all indictments of trespass against the peace, or of other offences against penal statutes, not being felonies, or a greater offence, but this process is commonly grounded upon an endictment and is only to cause the offendor to come in, and to make his answer, and therefore if the offendor be present and confess such indictment, information or offence, then needeth there no process at all, for he shall be committed forthwith to prison there to remain till he hath paid his fyne, or given sureties for it. 1. H. 7. 20. Br. Imprisonment 100 Also these process shall be always directed to the Sheriff who is the immediate minister and officer of the King, to execute all process, except the Sheriff himself, or his officers be parties, but if the justice of peace be to grant out process against the Sheriff, undersheriff, or other officers, offending contrary to the statute 8. H. 6. ca 9 It seemeth such process shall be directed to the Coroners of the County and shall be served by them, and so are divers books, as 2. H. 6. fo. 12. 8. H. 6. fo. 30. 9 H. 6. 11. and 18. Ed. 4. fo. 7. and others, and so also the oath of the justice of peace seemeth to bind them. Note also that this Process ought always to be made in the name of the King, and for that the King is a party, Br. franchise 18. it must also be with a non omittas propter aliquam libertatem, etc. but the Teste thereof may be under the name of the justice of peace. If the offendor be within any liberty or Franchise, yet the Sheriff is to enter the Franchise, and to execute the Process himself, and not to write to the Bailiff of the Franchise, because the King is a party, see 41. Assize p. 17. Br. Franch. 18. 31. The forms of these Process to be made by the justice of Peace out of the Sessions seem to be as followeth. The Venire facias thus. jacobus Dei gratia Angliae, Scotiae, Franciae & Hiberniae Rex Fidei Defensor. etc. vicecom. Com. Dublin salut. precipimus tibi, quod non omittas propter aliquam libertatem in balliva tua, quin venire facias A.B. de C. in dicto Com. tuo Yeoman coram R. M. Milite & M. D. armigero duobus justiciar. nostr. ad pacem conservand. nec non ad diversa felonias, transgressiones, & alia malefacta in dicto Com. perpetrat. audiend. & terminand. assignat. apud Killmainham in Com. tuo _____ die Maij proxim. futurum ad respondend. nobis super quibusdam articulis super ipsum A.B. presentat. & habeas ibi tunc hoc praeceptum. Teste R.M. apud Killmainham die, etc. The Distringas thus. jacobus Dei gratia Angliae, Scotiae, Franciae & Hiberniae Rex fidei Defensor. etc. vicecom. Civitatis Dublin salut. praecipimus tibi quod non omittas propter aliquam libertatem in balliva tua, quin eam ingrediaris & distringas A.B. de C. in Com. tuo Yeoman per omnia terras & tenementa &c. et quod de exitibus eorum respondeas, etc. et quod habeas corpus ejus coram, etc. Iustic. etc. ad respondend. etc. Teste. etc. The writ of Capias thus. jacobus Dei gratia Angliae, etc. vicecom. Com. Dublin salutem, praecipimus quod non omittas propter aliquam libertatem in balliva tua, quin cam ingrediaris & capias 1 D. de A. in Com. tuo Yeoman, etc. si inventus fuerit in balliva tua, & eum solvo custod. facias. Ita quod habeas corpus ejus coram R.M. Milite & M. D. Armigero duobus justiciar. nostr. ad pacem conservandam, necnon ad diversa felonias, transgressiones, & alia malefacta in eodem Com. tuo perpetrata, audiend. et terminand. assign. apud L. in Com. tuo die Martis proxim. futur. ad respondend. nobis de diversis transgressionibus contempt. & offens. de quibus ipse indictatus existit & habeas ibi tunc hoc breve, Teste R.M. apud Lynton sexto die jan. etc. Anno regni nostri, etc. Ad quem diem Willielmus Wendy Miles vicecom. predict. retorn, quod ipse non est inventus in balliva sua, et ipse non venit ideo praeceptum est sicut alias, etc. The Capias alias. jacobus, etc. vic. etc. praecipimus tibi sicut alias tibi praecipimus quod non omittas, etc. verbatim ut supra. Ad quem diem, etc. ut supra, & ipse non venit ideò preceptam est vicecom. sicut pluries, etc. The party may appear gratis, and so avoid the Attachment, or arresting of his body, and that is the cause that the Entry is made, & ipse non venit. The Pluries capias. jacobus, etc. vicecom. etc. salut. precipimus tibi sicut pluries preciperimus, quod non omittas, etc. ut supra. Ad quem diem Willielmus Wendy Mil. vicecom. predict. retur. quod predict. C.D. non est inventus, etc. & ipse non venit, Ideò preceptum est quod exigi facias, etc. The Exigent. jacobus, etc. vicecom. etc. salut. praecipimus tibi quod exigi fac. C.D. de A. in Com. tuo Yeoman, quousque secundum legem & consuetudinem regni nostri Angliae, utlagatur si non comparuit, & si compar. tunc cum capias & salvo custodiri fac. Ita quod habeas corpus ejus coram R.M. Mil. et M.D. ar. duobus justiciar. ad pacem nostram conservand. nec non ad diversa felonias, transgress. et alia malefacta in Com. tuo perpetrat. audiend. et terminand. assig. apud L. in Com. tuo _____ die Septembris prox. futur. ad respondendum nobis de diversis transgr. contempt. et offensis de quibus ipse indictatus existit, et habeas ibi tunc hoc breve, Teste R. M. apud L. octavo die Septembris, Anno Regni nostri, etc. Ad quem diem Willielmus Wendey miles vicecom. predict. return. quod ad Com. tentum apud Killmainham die _____ Anno regni Domini regis nunc, etc. et sic ad quatuor alios Com. tunc prox. sequent. ibid. tent. predict. C. D. exactus fuit, et non comparuit. Ideò utlagatus fuit. These Process are sent forth to the end that either the party shall come, or be brought in to make his answer, Dalton 369. and to be justiced by the Law, or else that (for his contumacy) he shall be outlawed, and so to be deprived of the benefit of law, but the power of the justice of peace endeth with the Outlawry, for they can make no capias utlagatum, but must certify the Outlawry into the King's bench. Also all such Process (aswell of capias, etc. as of Outlawry) may be stayed by a supersedeas, Dalton 369. issuing from other justices of peace (out of Sessions) testifying that the party hath come before them, and hath found sureties for his appearance to answer to the endictment or to pay his fyne, etc. Note that this authority of the justice of Peace in sending out these Process, being out of their sessions is beyond the bounds of their Commission, and again by the Commission The Commission. 14. H. 7 8. Br. peace 6. 7. one Iust. of Peace alone cannot grant a capias, nor other Process, but two justices of Peace at the least must do it, and that sitting in the Court, and in their Sessions, and yet nevertheless in these former cases, the statutes (expressly, or by necessary implication) giving such authority to the justices of Peace, or to any justice alone, and that out of Sessions are a sufficient warrant and Commission to the justice of peace, as it seemeth. Traverse. After that such Process, Dalton 369. or any other Process ad respondend. be awarded against the party, it seemeth he may come and yield himself to pay his fyne, or else he may offer his Traverse to the indictment found against him before the justice of Peace, and the justice ought to allow him his Traverse against it, which traverse is to take issue upon the chief matter of the indictment, or to deny the point of the indictment. But although the justices of Peace have power in some cases as aforesaid (out of their general Sessions) to take indictments, and after such indictment found to award process ad respon. against offenders, and to hear, and determine thereof, and the offenders also have liberty to come in and to speak, and answer for themselves, and may offer their Traverse, and that the justices of peace are to allow of and to receive the same, yet quaere whether the justices of peace out of their general Sessions may try such traverse being tendered to them, without which trial all the rest may seem idle, or that upon the traverse tendered they must certify or send the Inquisition or indictment so found before them into the King's Bench, or unto their quarter or general Sessions of the peace, there to be tried and determined, howsoever it is safest (after such traverse tendered) to certify or deliver such Inquisition or indictment into the King's Bench or to their next quarter Sessions, and so to refer the trial of the traverse and further proceed therein to them. Certiorari. The return of a Certiorari, sent to remove an endictment may be thus. First upon the backside of the writ of Certiorari endorse these or the like words. Executio istius brevis patet in quadam scedula eidem brevi annexa. And that schedule may be thus. Ego Mich. Dalton unus Custod. pacis, ac justiciar. Dom. Regis ad pacem in dict. Com. Dublin conservand. necnon ad diversa felonias, transgr. et alia malefacta in eodem Com. perpetrata, audiend. et terminan. assig. virtute istius brevis mihi deliberati indictam. illud (unde in dicto brevi fit mentio) una cum omnibus idem indictamentum tangent. in Cancellar. dicti Domini Regis distincte et apertè sub sigillo meo certifico, In cujus rei testimonium, ego prefatus M.D. his presentibus sigillum meum apposui. Datum _____ die mensis _____ Anno Regni, etc. Then take the record of the indictment and close it within the schedule and seal, and send them up both together. Now to show what is further meet for the justices of peace to know concerning this writ of Certiorari, and their certifying or return thereof. After an endictment found before Iust. of peace, a Certiorari is procured by the means of some party indicted or grieved, thereby to remove such indictment from the said Just. and to convey it to Iust. of a higher authority, to the end the party may either traverse such endictment above, or may there avoid it for insufficiency of form or matter. F●tz. Na. Br. ●0. 245. And this Certiorari is the Kings writ issuing sometimes out of the Chancery, and sometimes out of the King's Bench, and may be directed to any Court of Record, or officer of Record (as to a justice of peace, Sheriff, Coroner, or Escheator) to be certified of any Record which is before any of them: and first an alias then a pluries, and lastly an attachment lieth against them that should send it, if the Record be not certified accordingly or it seemeth a sub poena is used at this day. If it be returneable into the Chancery then are the words in Cancellaria nostra, and if into the King's Bench, than the words are coram nobis ubicunque etc. mittatis. The Certiorari may be sometimes to remove, Fitz. Na. Br. fo. 245. and send up the Record itself, and sometimes but only the Tenor of the Record (as the words therein be) and it must be obeyed accordingly. If there be variance between the Certiorari, Plo. 393. and the Record which is to be removed, the justices need not to certify such Record. A justice of peace may deliver, Crompton fo. 132. a. and 133. b. or send into the King's Bench an endictment found before him, or a Recognisance of the peace taken by him, or a force recorded by him without any Certiorari, but if a justice of peace having a Record with him, be discharged of his office, now he cannot certify it without a Certiorari, although he be made a justice of the peace again, See 8. H. 4. fo. 5. Br. Record 64. If a Certiorari be to send up the indictment of A. in which endictment some others be indicted together with the same A. yet need not the justices of peace to make certificate concerning any but A. for although they be named jointly, yet be they indicted severally, and the King may pardon A. without forgiving the other. 6. E. 4. 5. 6. Ed. 4. fo. 5. If a Certiorari shall come to the justices to remove an endictment and the party sueth not to have it removed, but suffereth it to lie still, 9 H. 7. 16. Br. judgement 17. yet it seemeth the Iust. of peace ought (ex officio) to send it away, because the writ containeth in itself a commandment to them so to do, and so is a supersedeas, of itself to the Iust. of peace to stay their other proceed. And albeit the Certiorari be a supersedeas of itself, Fitz. Na. Br. 237. yet may the party upon the Certiorari purchased have a supersedeas also directed to the Sheriff, commanding him that he arrest him not, Fitzh. fo. 237. in which place also he doubteth whether the justices of peace themselves ought not of duty to award their own supersedeas to the same effect, after that the writ of Certiorari is brought to their hands. If a Certiorari come to the justice of peace to remove an endictment and in truth the indictment was not taken till after the date of the Certiorari, yet if the endictment be removed thereby, Dalton 371. it is good enough, for that they both be the King's Courts (1. R. 3. 4.) and in such case it is now usual to remove it. All the higher Courts at Dublin may write to the justices of peace to certify their Records, that do make for the trial of causes in them depending, as you may read 19 H. 6. 19 where they of the common place did send to the justices of peace for an endictment, because in a writ of conspiracy brought before them, it was material to have it. In some cases the justice of peace may certify a Record by him made, Dalton fo. 372. or found before him out of Sessions without any writ of Certiorari therefore to him directed, vide antea tit. forceible Entry. In other cases he must of duty certify the proceed, but may spare to certify the Record until a Certiorari come to him for it, see hereof antea title Surety for the peace. For the manner of the writ of Certiorari, to remove Records from one Court to another, or from the Iust. of peace or other officers of Record, to any the higher Courts of Dublin, etc. there are divers forms and sorts thereof, as you may see in Fitz. Na. Br. fo. 242. etc. I will only set you down one form for all. The form of a Certiorari out of the Chancery, to certify a Recog. taken by a justice of peace in the Country, for the keeping of the peace. jacobus Dei gratia, Angliae, Scotiae, Franciae, et Hiberniae, Rex fidei defensor, custodibus pacis nostrae in Com. Dublin. et eorum cuilibet salutem, volentes certis de causis Certiorari, super tenorem cujusdam securitatis pacis, vel boni gestus qua. A.H. ar. invenit coram vobis vel aliquo vestrum, de eo quod ipse damnum vel malum aliquod R.S. vel alicui alij de populo nostro, de corpore suo nec faceret, nec fieri procuraret quovismodi vobis mandamus quod tenorem securitatis pacis sive boni gestus predict. nobis in Cancellar. nostr. in octabis purificat. beatae Mariae virgins prox. futur. ubicunque tunc fuerit, sub sigil. vestr. vel unus vestrum distincte et apertè sine dilatione mittatis et hoc sub poena centum librarum nullatenus omittatis nec aliqu. vestr. omittat. Teste meipso apud Dublin _____ die Novembris Anno Regni nostri, etc. The return hereof, See antea titulo Surety for the peace. Concerning the surety of the peace. When a writ of supplicavit which in old time was called breve de minis as appeareth by the Register directed out of the Chancery, is delivered to a justice of peace, he is to direct his precept or warrant to compel the party upon that writ, to find surety for the peace as appeareth by Fineux chief justice in 21. H. 7. fol. 20. the form of which precept or warrant may be thus in English. George Multon one of the justices of peace of our sovereign Lord the King's Majesty, within the County of Dublin, Com. Dublin. to the Sheriff of the said County, and to all the high Constables of the several baronies within the said County, and to all petty Constables and all and singular other the King's Majesty's Bailiffs and other ministers, aswell within liberties as without in the said County, and to every of them greeting. Know ye that I have received the commandment of our said sovereign Lord the King by his Majesties writ of supplicavit in these words, reciting the whole writ of supplicavit, which is not always of one form, because it is sometimes directed to all the justices of the peace, sometime to them and the Sheriff, and sometimes to one justice alone, or reciting only the effect of the supplicavit thus. Know ye that I have received the commandment of our said sovereign Lord the King by his Majesties writ of supplicavit, to compel A. B. of D. in the said County Yeoman to find sufficient sureties for his Majesty's peace by him to be kept toward C.D. of the same Town of Dale in the said County Taylor, and therefore on the behalf of our said sovereign Lord I command and charge you jointly and severally that immediately upon the receipt hereof you cause the said A.B. to come before me at my house in Dale in the County aforesaid, to find sufficient surety and mainprize for the peace to be kept towards our said sovereign Lord, and all his liege people and especially towards the said C.D. and if the said A.B. shall refuse thus to do, that then you him safely convey, or cause to be safely conveyed, to his Majesty's gaol in the said County, there to remain until he shall willingly do the same, so that he may be before the justices of the peace of our sovereign Lord within the said County at the next general Sessions of the peace to be holden for the said County, there to answer to our said sovereign Lord, for his contempt in this behalf, and see that you certify your doings in the premises, to the said justices at the said Sessions bringing then thither this precept with you, Given at dale under my seal the fourth day of, &c: The form of the Recog. of the peace to be taken upon the said writ of Supplicavit. Memorandum quod quarto die julij anno Regni Domini nostri Caroli Dei gratia, Angliae, Scotiae, Franciae, et Hiberniae, Regis fidei defensoris, etc. Com. Dublin. A.B. de E. in Com. Dublin predict. Yeoman, in propriae persona sua, virtute brevis dicti Domini Regis de Supplicavit apud S. in Com. pred. venit coram me I.L. Milite, uno justiciar. dicti Domini Regis, ad pacem in dicto Com. Dublin conservandam, assignatorum et assumpsit pro seipso sub poena viginti librarum et H.I. de L. in Com. predicto Yeoman et I.F. de M. in eodem Com. husbandman tunc et ibidem in proprijs personis suis similitèr vener. coram me, et manuceperunt pro predicto A.B. viz. quilibet eorum separatim sub poena decem librarum quod idem A.B. custodiet pacem dicti Domini Regis erga ipsum Dom. Regem et cunctum populum suum, et precipuè versus C.D. de E. Yeoman, et quod damnum vel malum aliquod corporale aut gravamen prefato C.D. aut alicui de populo dicti Domini Regis quod in laesionem aut perturbationem pacis ipsius Domini Regis cedere valeat, quovismodo non faciet nec fieri procurabit (or otherwise as the writ of supplicavit shall require) quam quidem summam viginti librarum pred. A.B. et quilibet manucaptorum predictorum pred. seperales summas decem librarum separatìm recognover. se debere dicto Dom. Regi de terris et tenementis bonis & catallis quorumlibet et cujuslibet eorum ad opus dicti Domini Regis haeredum et successorum suorum fieri et levari, ad quorumcunque manus devenerint si contigerit ipsum A.B. premissa vel eorum aliquod in aliquo infringere et inde legitimo modo convinci. In cujus rei testimonium ego pred. I.L. sigil. meum apposui datum, etc. And this may be done also by a single Recognisance in latin with a Condition added or endorsed in english in manner following. Memorandum quod _____ die, etc. Anno Regni, etc. virtute brevis Domini Regis huic Recognitioni annexat. apud T. in Com. Dublin Com. Dublin. predict. venerunt coram me Henrico Martin Ar. uno justiciar. dicti Dom. Regis ad pacem in Com. predicto conservandam assignat. T.H. de K. in Com. predict. Yeoman et I.S. de Lan eodem Com. husbandman, et manuceperunt et uterque eorum separatim manucepit sub poena decem librarum legalis monetae Angliae pro W.S. de H. in Com. pred Tailor, et pred. W.S. assumpsit pro seipso sub poena vigint. librarum consimilis monetae Angliae quas quidem seperales summas recognoverunt, et quilibet eorum ut predicitur recognovit se debere dicto Domino Regi, de terris et tenementis bonis et Catallis suis, fieri et levari, ad opus dicti Domini Regis haeredum et successorum suorum, si pred. W.S. deficerit in performatione conditionis infrascripti. The Condition of this Recognisance is such that if the above bounden I.S. shall keep the peace of our sovereign Lord the King, towards the King's Majesty and to all his liege people, and especially towards A.B. of C. aforesaid Yeoman, that then the said Recognisance to be void or else, etc. This Recognisance of the peace being thus taken by virtue of a supplicavit, the justice of peace being in this case but a Minister, and not a judge, must make return of the writ and a certificate of his doing therein into the Court from whence the supplicavit did issue in this form following, viz. upon the back of the writ of supplicavit, he must write thus. Executio istius brevis patet in quadam scedula eidem brevi annexa, and then subscribe his name to it. The schedule may be thus, which must be fixed to the writ of supplicavit. Ego T.F. miles unus custodu. pacis Dom. Regis in Com. Dublin certifico in Cancellariam dicti Domini Regis, me virtute istius brevis mihi per A.B. in eodem brevi nominat, primo deliberate. personaliter coram me _____ die, etc. apud Dale in Com. pred. venire fecisse T.R. in dicto brevi nominat. ac eundem T. ad sufficientem securitatem et manucaptores pacis inveniendam secundùm formam dicti brevis, viz. ad pacem Domini Regis erga ipsum Dom. Regem et cunctum populum suum et precipuè, etc. (as the writ shall appoint) compulisse, In cujus rei testimonium huic presenti certificationi sigillum meum apposui, datum apud D. in Com. pred. _____ die, etc. Anno Regni dicti Dom. Regis, etc. The like certificate may be made into the King's Bench if the writ of supplicavit issue out of that Court mutatis mutandis. And if a Certiorari be directed out of the Chancery to the justice of peace, for removing this Recog. because it was not sent up together with the certificate as there is no necessity it should be, than that writ must be returned in this manner, viz: Upon the back of the writ the justice of peace must write thus. Virtute istius brevis, Ego P.H. unus custodum pacis Domini Regis, in Com. Dublin, tenorem securitatis pacis unde infra fit mentio, dicto Domino Regi in Cancellariam suam sub sigillo meo distinctè et apertè mitto, prout patet in schedula huic brevi consuta: And the justice must hereunto subscribe his name. The schedule must be thus. Memorandum quod vicessimo die julij, etc. reciting the whole Recog. de verbo in verbum, and then conclude, in cujus rei testimonium ego predictus P.H. sigillum meum apposui dat. etc. The like may be made into the King's Bench mutatis mutandis, if the writ issue out of that Court. If the supplicavit be against divers, and the party that prosecuteth the same, will release his prayer of the peace against one of them, than the release ought to be certified for him, and the writ must be served for the rest, or else non est inventus may be certified for him that is released, and the writ served for the rest. The form of the Release may be thus. Memorandum quod primo die Augusti, Com. Dublin. etc. C.D. de E. in brevi de supplicavit huic Relaxationi annex. nominat, venit coram me P. H. un. justiciar. ad pacem in Com. predict. conservand. etc. et gratis remisit et relaxavit quantum in se est securitat. per ipsum coram me versus supra nominatum C.D. petitam. In cujus rei testimonium ego prefatus P.H. sigillum meum apposui datum, etc. The form of a supersedeas (by a justice of peace) upon a writ of supplicavit against an Infant. A.B. armiger, unus justiciar. Dom. Regis Caroli Dei gratia, etc. ad pacem in Com. Dublin Com. Dublin. predict. conservandam assignatorum vicecom. ejusdem Com. ac omnibus et singulis Ballivis, Constabularijs, ceterisque dicti Domini Regis Ministris, tam infra libertat. quam extra, in Com. predict. salut. Sciatis quod breve dicti Domini Regis recepi, in haec verba, jacobus, etc. (reciting here all the writ verbatim) et quia I.B. de, etc. I.S. de, etc. et prefat. C.A. coram me prefato A.B. personaliter comparuer. et predictus I.B. et I.S. manuceperunt pro predicto C.A. qui infra aetatem 21. annorum existit, viz. quilibet manucaptor. predictor. in 20. l. quas recognover. se deber. dicto Domino Regi, ac concess. de terris et tenementis, bonis, et catallis suis, ad opus dicti Domini regis levand. viz. quoth predict. C.A. damnum vel malum aliquod, alicui de populo dicti Domini Regis de corpor. suis, vel de incendio domor, suarum non faciet nec fieri procurabit quevismodo ideo ex parte dicti Domini regis vobis et cuilibet vestrum mando, quod de coarctan. aut attachand. dictum C.A. ad inveniendam aliquam securitatem pacis per ipsum observand. erga dict. Dom. Regem, et cunctum populum suum, seu alicui de eodem populo suo, coram vobis seu aliquo vestrum inveniend. superseded. seu supersed. fac. omninò & si ipsum C.A. occasione predict, & non alia ceperitis seu capi mandaveritis, & in prisona ipsius Dom. regis sub custodia vestra detineritis, tunc ipsum à prisona in qua detinetur sine dilatione deliber. fac. Teste me praefat. A.B. 20. die Novembris, Anno regni dicti Dom. regis, etc. A justice of Peace may also by virtue of his office, and as he is a judge command this surety to be found, and this he may do either of his own motion and discretion, or else at the request and prayer of another. When it is at the Prayer of another he may make out his precept or warrant in this form following. Charles by the grace of God King of England, Scotland, France and Ireland defender of the Faith, etc. To our Sheriff of the County of Dublin, Com. Dublin. the Constable of the Barony of Castleknock, and to all and singular our Bailiffs and other our ministers in the said County aswell within liberties as without, greeting. Forasmuch as A. B. of Kilmainham, yeoman, hath personally come before George Bring of the said Town Esquire, one of our justices of the peace within the said County, and hath taken a corporal oath that he is afraid that one C.D. of Killmainham in the said County yeoman, will beat, maim, wound or kill him, or burn his houses, and hath therewithal prayed surety of the peace against the said C. D. Therefore we command and charge you jointly and severally that immediately upon the receipt hereof you cause the said C.D. to come before the said G.B. or some other of our justices of the said County to find sufficient sureties and mainprize aswell for his appearance at the next quarter Sessions of our peace to be holden in the said County, as also for our peace to be kept towards us, and all our liege people and chief towards the said A.B. that is to say, that he the said C.D. shall not do, nor by any means procure or cause to be done any of the said evils to any of our said people, and especially to the said A. B. And if the said C.D. shall refuse thus do, that then immediately without expecting any further warrant, you him safely convey or cause to be conveyed to our common gaol in the said County, there to remain until he shall willingly do the same, so that he may be before our said justices at the said next general Sessions of the peace to be holden in the County aforesaid, then and there to answer unto us for his contempt in this behalf; And see that you certify your doing in the premises to our said justices at the said Sessions, bringing then thither this precept with you: witness the said G.B. at Killmainham aforesaid the fourth day of August. etc. The like warrant may be in the name of the justice of peace himself in this form following, viz. A. B. Knight, Com. Dublin. one of the justices of the peace of our Sovereign Lord the King within the County of Dublin, To the Sheriff of the said County, To the Constable of the Barony of C. and all other Constables, Bailiffs, and other his Majesty's officers in the said County aswell within liberties as without, greeting. Forasmuch as B.A. the wife of W.A. of D. in the said County Labourer hath required surety of the peace against T.B. of the said Town of D. Butcher, and withal hath taken her corporal oath before me, that she requireth the same not for any private malice, hatred, or evil will, but simply that she is afraid of her life, or the hurting or maiming of her body or the burning of her houses; These are therefore to will and require you, and in his Majesty's name to charge and command you, that immediately upon the sight hereof, you or one of you require the said T.B. to come before me, or some other of the King's Majesty's justices within the said County to find sufficient sureties, aswell for the appearance at the next general quarter Sessions of the peace to be holden for the said County, as also that the said T.B. shall in the meantime keep the King's Majesty's peace, aswell towards his said Majesty, as towards all his liege people, and especially towards the said B.A. and if he shall refuse so to do, that then immediately you do arrest and convey the said T.B. or cause him to be conveyed to his Majesty's gaol of the said County, there to remain until he shall willingly do the same, and see that you certify your doings in the premises to the justices at the said Sessions, and have you there this warrant dated at, etc. The form of the Recognisance of the peace may be thus. Memorand. quod die Anno regni Domini nostri Caroli Dei gratiâ, etc. R. P. de E. in Com. Dublin. praedict. Yeoman, Com. Dublin. in propria persona sua apud F. in Com. praedict. venit coram me Rogero Thorneton Armigero uno justiciar. dicti Domini Regis ad pacem in dicto Comitat. conservandam assignat. & assumpsit pro scipso sub poena viginti librarum. Et H.I. de L. in Com. praedicto Yeoman & M.N. de etc. Husbandmen tunc & ibidem in propriis personis suis similiter venerunt, & manuceperunt pro predicto R.P. viz. quilibet corum separatìm sub poena decem librarum, quod idem R.P. personaliter comperebit coram justiciariis dicti Domini Regis ad pacem ad proximam generalem Sessionem pacis in Com. predict. tenend. ad faciend. & recipiendum quod ei per Curiam tunc & ibidem injungetur, & quod ipse interim pacem dicti Domini regis custodiet, erga ipsum Dominum regem & cunctum populum suum & praecipuè versus M.N. de D. praedict. Yeoman, & quod damnum vel malum aliquod corporale aut gravamen praesato M.N. aut alicui de populo dicti Domini Regis, quod in laesionem aut perturbationem pacis ipsius Domini regis seu praefati M. cedere valeat, quovismodi non faciet nec fieri procurabit, quam quidem summam viginti librarum praedictus R.P. & quilibet manucaptorum praedictorum predictas seperales summas decem librarum recognoverunt se debere dicto Domino Regi de terris & tenementis, bonis & Catallis suis, quorumlibet & cujuslibet eorum ad opus dicti Domini Regis haeredum & successorum suorum fieri & levari, ad quorumcunque manus devenerint, si contigerit ipsum R.P. praemissa vel eorum aliquod in aliquo infringere, & in de legitimo modo convinci. Datum apud, etc. Or the like may be upon a single Recognisance with a Condition in form following. Memorand. quod die Anno Regni Domini nostri Caroli Dei gratia, etc. venerunt coram me M.D. uno justiciar. etc. assignat. T.H. de W. in praedicto Com. Dublin Com. Dublin. Yeoman, & I.S. de ijsdem villa & Comitatu Husbandman & manuceperunt & uterque eorum separatìm manucepit sub poena quinque librarum legalis monetae Angliae pro W.S. de W. predict. Taylor, Et praedictus W.S. assumpsit pro seipso sub poena decem librarum consimilis monetae Angliae, quas quidem seperales summas recognoverunt & quilibet eorum ut predicitur recognovit se debere dicto Domino Regi de terris & tenementis, bonis & Catallis suis fieri & levari, si predictus W.S. deficerit in performatione conditionis subsequentis. The Condition of this Recognisance is such, that if the above bounden W.S. shall personally appear before the justices of our said Sovereign Lord the King at the next general Sessions of the peace to be holden in the said County of Dublin, to do and receive that which by the Court shall be then and there enjoined him, and in the meantime do keep the peace of our said Sovereign Lord the King towards the King's Majesty and all his liege people, and especially towards A. B. of C. in the County aforesaid Yeoman, That then the said Recognisance to be void, or else, etc. The form of a Supersedeas for the peace may be thus. Com. Dublin. A. B. Esquire, one of the justices of peace of our Sovereign Lord the King's Majesty within the County of Dublin, To the Sheriff, Bailiffs, Constables, and other the faithful ministers, and subjects of our said Sovereign Lord within the said County, and to every of them sendeth greeting. Forasmuch as A.B. of etc. Yeoman hath personally come before me at, etc. and hath found sufficient surety (that is to say, C.D. and E.F. etc. Yeomen, The supersedeas is good though it name neither the sureties nor the sums. either of which hath undertaken for the said A.B. under the pain of Twenty pounds, and the said A.B. hath undertaken for himself under the pain of forty pounds) that he the said A.B. shall well and truly keep the peace, towards our said Sovereign Lord, and all his liege people, and especially towards G.H. of etc. Yeoman. And also that he shall personally appear before the justices of the peace of our said Sovereign Lord, at the next general Sessions of the peace to be holden for the said County of Dublin, Therefore on the behalf of our said Sovereign Lord, I command you, and every of you that you utterly forbear and surcease to arrest, take, imprison, or otherwise by any means for the said occasion, to molest the said A.B. and if you have, for the said occasion, and for none other taken or imprisoned him, that then you do cause him to be delivered, and set at liberty without further delay. Given at D. under my seal this last of july, etc. The form of the precept or warrant for the good behaviour may be thus. Concerning the good behaviour. I. S. Knight, one of the justices of peace of our Sovereign Lord the King's Majesty, within the County of Dublin, To the Sheriff of the said County, and to all high Constables, petty Constables, and to all and singular Bailiffs, and other his Majesty's Officers, and Ministers aswell within liberties as without, in the 〈◊〉 County and to every of them greeting. Forasmuch as A.B. 〈◊〉 in the said County labourer is not of good name or fame, nor of honest conversation but an evil doer, a Rioter, Barretor, and perturber of the peace of our said sovereign Lord, I command you and every of you, that immediately upon sight hereof, you cause the said A.B. to come before me, or some other of my fellow justices to find sufficient surety and mainprize aswell for his good abearing towards our said sovereign Lord, and all his liege people until the next general Sessions of the peace to be holden in the said County, as also for his appearance then and there, and if he shall refuse so to do, that then immediately, without expecting any further warrant, you him safely convey or cause to be safely conveyed to his Majesty's gaol in the said County, thereto remain until he shall willingly do the same, so that he may be before his Majesty's justices at the said next general Sessions of the peace to be holden in the said County, then and there to answer for his contempt in this behalf, and see that you certify your doings in the premises to the said justices, at the said Sessions, bringing then thither this precept with you dated at, etc. Or it may be thus. I. S. Esquire, one of his Majesty's justices, etc. (as in the next precedent precedent) Forasmuch as I have been credibly informed that A.B. of C. in the said County labourer, is a man of evil behaviour, one that daily moveth discord, strife, and dissension amongst his neighbours, and a common perturber of his Majesty's peace: These are therefore in the King's Majesty's name to command you, etc. as in the former precedent. This warrant for the good behaviour, although it may be granted by one justice of peace alone, yet it is usually granted by two and may be also in Latin in this form following. johannes Payton Miles et Willielmus Woodhouse Miles justiciarij Dom. Regis nunc ad pacem in Com. Dublin conservandam assignat. vicecom. Com. predict. nec non omnibus et singulis Ballivis, Constabularijs ceterisque dicti Domini regis ministris, tam infra libertat. quam extra, in eodem Comitat. salutem. Quia datum est nobis intelligi per relationem et testimonium multorum fide dignorum Com. predict. quod A.B. de C. in Com. pred. generosus, et C.A. de eadem Yeoman non sunt bonorum nominis, et famae nec conversationis honestae sed malae famae et mali gestus, ac malae dispositionis, Barratores, et pacis dicti Domini Regis perturbatores, Ita quod veresimilis sit murderum, homicidium, lights, discordias et alia gravamina et damna, interligeos dicti Domini Regis, de corporibus suis pretextu, premissorum in dies oriri, Ideo ex parte dicti Domini Regis, vobis et cuilibet vestrum precipimus, quod non omittat. propter aliquam libertatem in Com. pred. quin attachatis, seu unus vestrum attachiat, prefat. A.B. et R.A. Ita quod habeat, eos coram nobis seu alijs sociorum nostrorum Iusticiariorum dicti Domini Regis ad pacem in Com. predict. conservandam, ad proximam generalem sessionem pacis in eodem Com. tenend. ad inveniend. tunc coram nobis (vel dictis justiciarijs) sufficientem securitatem de se bene gerend. erga dict. Dom. Regem et cunctum populum suum, juxta formam statut. inde edit. et provis. sub certa poena eis per nos vel per prefat. justiciar. tunc imponend. Et hoc nullatenus omittatis periculo incumbente. Et habeat, coram nobis vel dictis justiciarijs apud sessiones predict. hoc preceptum. Testibus nobis pred. I.P.W.W. ultimo die julij anno regni dicti domini nostri Caroli Dei gratia Angliae, etc. Upon good sureties taken for the good behaviour, a Supersedeas may be granted for the good behaviour aswell as for the peace, and the same may be in the same form, as the supersedeas for the peace is mutatis mutandis. Libro intra. fo. 61. Cromp. 232. Many other Supersedeasses may be granted by the justice of peace out of Sessions for otherwise it were mischievous for the party, aswell by reason of his imprisonment as also for that otherwise he may be outlawed before the Sessions, if the justice of peace, Dalton 333. might not take sureties of him for his appearance. And Master Crompton is of opinion that these may be granted by any one justice of peace, with whom agreeth the book of Entries, Cromp. 234. but Master Lamberd thinketh it not in the power of any one justice of peace, to grant such supersedeas at this day, li. intr. 601 but that it must be done by two justices at the least, and the one being of the Quorum, nevertheless for that I find the old precedents to run in the name of one justice of peace alone, I have drawn these accordingly, notwithstanding I would advise the joining of two justices herein, the one to be of the Quorum, if they may conveniently begotten. A Supersedeas de capias indictatum de transgressione. johannes Richardson sacrae Theologiae doctor, unus justiciar. dom. Com. Dublin. regis nunc ad pacem in Com. predicto conservandam, necnon ad diversa felonias, transgressiones, etc. in eodem Com. audiend. & terminand. assignat. vicecom. Comitat. predict. salutem. Quia C.D. de A. in Com. predict. Yeoman apud Dale in Com. predict. venit coram me & invenit sufficien. manucaptores essendi coram justiciar. dicti Domini regis ad pacem in Com. predict. conservandam necnon ad diversa felonias, transgressiones, etc. in dicto Com. audiend. & terminand. assignat. ad proximam generalem sessionem pacis apud C. in Com. predicto tenend. ad respondend. dicto domino regi de quibusdam transgr. contemptibus & offensis, unde indict. existit. Ideo ex parte dicti domini regis tibi praecipio quod de capiend. prefat. C.D. seu ipsum imprisonand. aut eum ea ex causa aliqualit. molestand. omnino supersed. & si eum ea ex causa, & non al. ceperis, tunc ipsum sine dilatione deliber. facias. Teste me prefato johanne Richardson tall. die & Anno, etc. Alias quia invenit plegios pro fine. Samuel Collins sacrae Theologiae doctor unus Iusticiar. dicti dom. Com. Dublin. regis ad pacem in Com. predicto conservandam necnon ad diversa felonias, transgress. & alia malefacta in eodem Com. audiend. & terminand. assignat. vicecom. Com. predicti, ac omnibus & singulis Ballivis, Constabulariis, Cromp. 234. ceterisque dicti Domini regis ministris, tam infra libertates quam extra in Com. predicto salutem, licet nuper per breve dicti Dom. regis vobis seu uni vestrum preceptum fuit, quod caperetis seu unus vestrum caperet A. B. de S. in Com. predicto Yeoman, si inventus fuerit in eodem Comitatu & ipsum salva custod. Ita quod haberetis seu unus vestrum haberet corpus ejus coram custodibus pacis, ac Iust. dicti Domini regis ad pacem in Com. predicto (necnon ad diversa felonias, transgress●ones, & alia malefacta in eodem Com. audiend. & Terminand. assignat.) apud Killmainham tali die ad respondend. dicto domino regi de contemptibus & transgressionibus unde, coram dictis justiciariis indictatus existit, quia modo predictus A. B. apud Dale in Com. predict. venit coram me & invenit sufficientem plegios pro fine suo, cum dicto domino Rege pro premissis faciend. Ideo ex parte dicti domini regis vobis conjunctim & divisim mando, quod ad executionem brevis predicti ulterius fac. supersedeas omninò, & si ipsum A.B. ea occasione & non alia ceperitis, & in prisona dicti Domini regis detineritis tunc ipsum sine dilatione ab eadem deliber. fac. seu unus vestrum deliber. faciat. & habeatis seu unus vestrum habeat hoc preceptum ad sessionem predictam. Dat. etc. die August. Anno regni Domini nostri Caroli dei gratiâ, etc. Another Supersedeas de capias pro fine. Com. Dublin. Henricus Vernon ar. unus justiciariorum dom. regis nunc ad pacem in Com. Dublin conservand. assignat. vicecom. Com. predict. salutem, quia C.D. de A. in Com. predict. Yeoman, Cromp. 234. apud Dale in Com. predict. venit coram me, & invenit sufficien. manucaptores essendi ad pr●●●mam generalem sess. pacis in Com. predict. tenend. ad faciend. finem cum dicto Domino rege, pro quibusdam transgressionibus, contemptibus, & offencis, unde indictatus existit, Ideo tibi precipio quod de capiend. prefat. C.D. imprison. seu ipsam ea occasione aliqualit. molestand. omninò supersed. & habeas ibi tunc hoc preceptum. Teste me, etc. A Supersedeas de Capias indictat, de felonia. Com. Dublin. Franciscus Brakin armiger, unus justiciar. Domini Regis, nunc ad pacem in Comitat. pradicto conservand. assign. vic. comitat. pradict. Necnon omnibus & singulis ballivis, Crom. 234. Constab. ceterisque dicti Domini regis ministris tam infra libertates quam extra in dicto comitatu salutem: Quia A.B. de C. in Com. praedict. Husbandman, venit coram me, & inven. sufficient. securit. essendi coram justic. dicti domini regis ad pacem in Com. predict. conservand. Necnon ad diversa felonias, transgr. & alia malefacta in eodem Com. audiend. & terminand. assign. ad prox. general. sess. pacis in Com. pred. tenend. ad respond. dicto Domino regi, de diverse. fellow. & transgr. unde coram eye indict. existit, Ideo ex parte dicti Dom. regis vobis & cuilibet vestrum mando, quod de capiend. praed. A. B. ea ex causa supersed. omnino. dat. etc. Cromp. 233. Supersedeas de exigi facias de felonia. Carolus, etc. vic. Com. Dublin, salutem. Quia C. D. de A. in come. tuo Yeoman, venit coram E. F. etc. invenit sufficien. manucaption. essendi coram custod. pacis nostrae apud C. tali die tenend. ad respond. nobis de quibusdam felonijs unde indictatus est, Ideò tibi praecipimus quod de ulterius exigend. praefat. C. D. ad aliquod Comitat. tuum, vel imprisonand. five ipsum ea occasione aliqualiter molestand. omninò supersed. & habeas ibi tunc hoc breve. Teste Roberto Castle apud H. tali die & anno. Several other Precedents. A general warrant for misdemeanour. To the Constables of, etc. These are to will and require you, Com. Dublin. and in his Majesty's name straightly to charge and command you, and either of you, that immediately upon the sight hereof (or upon Monday next by eight of the clock in the forenoon) you bring I. H. of your said Town Butcher, before me to answer unto such matters of misdemeanour, as on his Majesty's behalf shall be objected against him. And hereof fail ye not at your peril. Dated at, etc. Another for Misdemeanour. These are to w●●● and require you, etc. Com. Dublin. That immediately upon the sight hereof, you attach the bodies of A.B. and C.D. etc. or of all and every the persons hereunder named, And to bring them forthwith before me, to answer unto such matters of misdemeanour as on his Majesty's behalf shall be objected against them. And hereof fail ye not at your perils. Dated etc. A warrant for one who hath dangerously hurt another. Forasmuch as I am credibly informed, that I. B. Com. Dublin. of your Town Blacksmith, hath now lately dangerously hurt one T.G. of your said Town husbandman, by a blow which he hath given the said T. on the face, and another on the back, so as the said T. is in danger of death thereby; These are therefore in the King's Majesty's name straightly to charge and command you, that immediately upon the sight hereof you or one of you do bring the said I. B. before me, or some other his Majesty's justices of the Peace of this County, to find sufficient sureties aswell for his appearance before the King's Majesty's justices, at the next general Gaol delivery to be holden for this County, then and there to answer unto the premises; As also that he the said I.B. shall in the mean time keep the King's Majesty's peace towards his said Majesty, and all his liege people, and especially towards the said T.G. And hereof fail you not at your perils. Dated etc. A warrant for a general search for Rogues. To the high Constables of the Barony of, etc. These are in the King's Majesty's name to charge and command you, Com. Dublin that you 〈…〉 ●ith the petty Constables of the several Towns, Parishes, and Hamlets, within your Barony (taking sufficient assistance out of the said Towns) do make a general privy search within every of the said several Towns, Parishes, and Hamlets, upon _____ at night next coming, for the finding out and apprehending of all Rogues, Vagabonds, and wand'ring and idle persons, in or about the said several Towns, Parishes, or Hamlets, and that such as shall be found and apprehended, you do cause them to be brought before us the next day unto K. by 9 of the clock, there to be by us dealt withal according to the statutes in that behalf provided. At which time and place we further require you, together with the said petty Constables to appear before us, and there to give an account and reckoning upon oath, in writing, and under the hands of the Minister of every several Parish within your Barony what Rogues, What the Iu. shall do with them, see infra the title Rogues. Vagabonds, wand'ring and disordered persons have been there apprehended, aswell in the same search as also since the last assembly and meeting that was made for this purpose being upon or about the _____ day of _____ last passed. And hereof fail you not, etc. Note, that all Rogues See the title of Rogues. which shall be brought before the justices upon such search (after examination of their idle life, taken by the justices) are either to be whipped by the Constables of the Town where the Iu. sit. 11. Caroli ca 4. in Ireland. Or else from thence are to be sent to the house of correction, and to be conveyed thither by the Constables that brought them, which services imposed upon the Constables, are some cause of their neglect of this service, and therefore I have set down another course and precedent perhaps no less serviceable, which also may be performed and done every month, or every meeting of the justices, if need shall so require: or if the justices cannot, or shall not meet, yet it seemeth, such warrant may be granted out by any one justice of peace as followeth. These are in the K. Majesty's name, to charge and command you, that you together with the petty Constables of the several Towns, Parishes, and Hamlets, within your Barony (taking sufficient assistance out of the said Towns) do make a general privy search within every of the said several Towns, Parishes, and Hamlets, upon _____ at night next coming, for the finding out, and apprehending of all Rogues, Vagabonds, and wand'ring idle persons in or about their said several Towns, and that such as shall be found and apprehended, you do cause them to be punished in every several Town or Parish where they shall be so apprehended, by the petty Constables of every several Parish respectively, and by them also further to be conveyed according to the statute. And if any of the said Rogues shall appear to be dangerous or incorrigible, that then you cause such to be brought before me, or any other of his Majesty's justices of peace, to be further dealt withal according to the statute in such cases provided, dated, etc. Afterwards any one of these justices may take the examination of, or proof against such dangerous Rogues, & finding cause, may then commit such Rogues to the gaol, and from thence he may by two justices of peace be sent to the house of correction. A warrant for a fugitive servant. john Cuts Knight one of the justices of the peace of our sovereign Lord the King, etc. To the Bailiffs of the Barony of C. and to T.H. Constable of M. in the County of Dublin Dublin. greeting. Whereas E. L. hath been retained to serve I. T. of M. aforesaid, according to the form and effect of a statute made for servants, without just cause or licence of the said I.T. hath departed from his service, Therefore on the behalf of our sovereign Lord the King I charge and command you and every of you that immediately after sight hereof you cause the said E.L. to be delivered to his said master to serve him, and if he shall refuse so to do, that then you cause him to be conveyed to his Majesty's gaol of the said County of Dublin there to remain until he shall do the same: So that you may have him before me and the rest of my fellow justices at the next Sessions of the peace to be holden for the said County to receive such punishment as shall be then and there inflicted upon him, sealed with my seal _____ dated, etc. Or thus in Latin. johannes Cutts Miles, unus justiciar. Domini Regis, etc. Com. Dublin. Ballivis Baroniae de C. et T.H. Constabular. de M. in comitatu praed. salut. Quia E.L. retentus in servic. I.T. de M. predict. sibi serviend. (secundum formam et effectum statuti de servientibus edit.) à servitio pred. I.T. sine causa rationabili, et licentia ipsius I. T. recessit (ut dicitur) ideo ex parte Domini Regis vobis et cuilibet vestrum praecipio, quod praef. E.L. ad praefat. I.T. magistrum suum deserviend. deliberar. faciat. West. ●78. Et si hoc recusaver. tunc eum gaolae Com. praedict. duci faciatis, quousque etc. Ita quod eum habeatis coram me et socijs meis justic. dicti Dom. Regis in Com. praed. ad prox. sess. pacis ibid. tenend. ad faciend. et recipiend. ea quae ei tunc et ibid. in hac parte objicientur. sigil. meo. sigillat. dat. apud. Another for the same. Simon Steward Knight one of the justices of the peace of our sovereign Lord the King, etc. To the Sheriff of the County of Dublin Dublin. and also to I.B. Constable of the Town of B. and to R.N. Bailiff Itinerant in the same County, and to every of them greeting. On the behalf of our sovereign Lord the King I command you and every of you that you or one of you attach the body of W.R. of B. aforesaid Labourer, so that you or one of you have him before me and the rest of my fellow justices of our sovereign Lord the King in the County aforesaid at the next general Sessions of the peace to be holden in the aforesaid County to answer aswell to our said sovereign Lord the King, as to R.C. of, etc. Yeoman, wherefore he being lately retained in the service of the said R. at T. in the County aforesaid from the said service before the end of the term betwixt them agreed upon, without just cause or licence of him the said R. hath departed in contempt of our sovereign Lord the King, and to the great damage of him the said R. and contrary to the form of the statute in that case provided. And that you or one of you have then there this precept, witness, etc. Or thus in Latin. Com. Dublin. Simeon Steward Miles, unus justic. etc. vic. Com. pred. Necnon I. B. Constabular. vill. de B. et R. N. ballivo itineranti in eodem Com. et eorum cuilibet salutem. Ex parte dicti Domini Regis vobis et cuilibet vestrum mando, Cromp. 238. quod attach. seu unus vestrum attach. W.R. de B. pred. Labourer, ita quod eum habeatis, seu unus vestrum habeat, coram me et socijs meis justic. dict. Dom. Regis ad pacem in Com. pred. conservand. Necnon et assign. ad prox. general. sessionem pacis in Com. pred. tenend. ad respondend. tam dicto Dom. Regi, quam R.C. de, etc. Yeoman, quare in servitio ipsius R. apud T. in Com. pred. nuper retentus, ab eodem servitio ante finem termini inter eos concordat. sine causa rationabili et licenc. ipsius R. recessit, in Dict. Dom. Regis nunc contemptum et ipsius R. grave damnum et contra form. statut. inde edit. et provis. Et habeatis seu unus vestrum habeat, ibi tunc hoc preceptum, Teste, etc. A warrant for one refusing to serve. Roger Millicent Knight one of the justices of the peace of our sovereign Lord the King, etc. To R.L. Bailiff of S. in the County of Dublin Dublin. greeting. On the behalf of our sovereign Lord the King I command you that you attach the body of R.A. of S. aforesaid Labourer, so that you have him before me or my fellow justices of the peace in the County aforesaid, at the next general Sessions of the peace to be holden in the said County, to answer aswell to our said sovereign Lord the King as to B.C. of A. etc. Yeoman, wherefore he the said R.A. although he were often required to serve the said B.C. in a competent service for his estate, yet notwithstanding he the said R.A. hath altogether refused to serve the said B.C. in contempt of our sovereign Lord the King, and to the great damage of him the said B.C. and contrary to the form of the statute for servants in that case lately made and provided. And see that you have this warrant there, witness, etc. Or thus in Latin. Rogerus Millicent miles, Co. Dublin. unus justic. etc. R.L. ballivo de S. in Comit. pred. salut. Ex parte dicti Dom. Regis tibi mando quod attach. R.A. de S. pred. Labourer, Ita quod eum habeas coram me vel socijs meis justic. dicti Dom. Regis ad pacem in Com. pred. conservand. Cromp. 238. (Necnon ad diversa felonias transgr. et alia malefacta in eodem Com. audiend. et terminand. assig.) ad prox. general. sess. pacis in Com. pred. tenend. ad respondend. tam dicto Domino Regi quam B.C. de A. etc. Yeoman quare ipse pred. R.A. licet in servitio congruo pro statu suo, per pref. B.C. fuit saepius requisitus ei servire ipsum tamen B.C. servire penitus recusavit, in contempt. dicti Domini regis, et ipsius B.C. grave damnum, et contra formam statuti de servientibus edit. et provis. Et habeas ibi tunc hoc mandat. Teste, etc. A warrant for the suppressing of an Alehouse. john Cage Knight, and Edward Hind Knight two of the King's Majesty's justices of the peace within the said County of Dublin, Co. Dublin. to the Constables of B. and to either of them greeting. Whereas we are credibly informed that R.D. of your Town victualler, is himself a man of evil behaviour, and beside doth suffer evil rule and disorder to be kept in his house, contrary to the Laws and statutes of this Realm: These are therefore in his Majesty's name to will and command you forthwith to repair to the house of the said R.D. and to charge him to surcease from keeping any longer any Alehouse or Tippling house, and from common selling of Ale or Beer at his peril, and withal that you cause his Sign to be pulled down, hereof fail you not as you and either of you will answer to the contrary at your peril, Given under our hands and seals at B. the _____ day of _____ And in the year of the Reign of our most gracious sovereign Lord Charles, etc. A warrant for the removing of a petty Constable and for the swearing of another. Carolus Dei great. etc. vic. Com. Dublin. Co. Dublin. Necnon Capitali Constab. Baroniae de C. et eorum cuilibet salut. Quia W. P. et R.S. subconstabular. villae de C. et K. (certis de causis nos moventibus) ab officio suo amoveri et exonerari fecimus, Ideo vobis et cuilibet vestrum conjunctim et divisim praecipimus et mandamus quod I.F. et R.M. ad omnia et singula eidem officio incumbentia bene et fidelitèr exercenda et exequenda, prout ipsi nobis inde respondere voluerint coram aliquo justiciar. nostr. ad pacem in Com. pred. conservand. jurare faciatis. dictisque W.P. et R.S. similiter injungentes quod ipsi de dicto office ulterius exercendo et exequendo nullatenus se intr●mittant, quousque aliud de nobis habuerint in mandatum, et quicquid inde feceritis, justic. nostris ad pacem nostram in dicto Com. conservand. assign. ad prox. general. sess. pacis apud C. in dicto Com. tenend. certificetis, hoc precept. nostrum tunc et ibid. remittentes. Test. I.R. Milite, uno justic. nostrorum praed. tali die, etc. This authority of removing petty Constables and of choosing and swearing new, is reputed properly to belong to the Leete (it being one of the most ancient Courts in the Realm Br. Leet. 14.) and if the new elect be not present at the Leet to take his oath accordingly, then upon certificate or notice thereof to any Iu. of P. of that County, the Iust. doth use to send his warrant for the party so chosen and to give them their oath. Also in default of the Leet, or otherwise, where there shall be just cause, every Iust. of peace (ex officio as it seemeth) may remove the old Constables, and may choose and swear new, which also we see to be warranted by common experience. And I have seen some precedents to such purpose as followeth. To our loving friend A. B. of W. Yeoman. These are in his Majesty's name to charge and command you, to make your repair unto us, or to some other Iust. of P. of this County, to take the oath of a Constable to serve his Majesty within the Town of W. according to the choice made of you by the jury at the last Leet holden in your Town. And hereof fail you not, dated etc. The form of the oath concerning the office of a Constable. You shall swear that you shall well and truly serve our sovereign Lord the King in the office of a Constable: you shall see and cause his Majesty's peace to be well and duly kept and preserved according to your power, you shall arrest all such persons, as in your sight and presence shall ride or go armed offensively, or shall commit or make any Riot, Affray, or other breach of his Majesty's peace you shall do your best endeavour (upon complaint to you made) to apprehend all Traitors, Felons, Barrators, and Riotters, or persons riotously assembled, and if any such offendor shall make resistance (with force) you shall levy Hue and Cry, and shall pursue them until they be taken, you shall do your best endeavour that the watch in your Town be duly kept and that Hue and Cries be duly pursued according to the statute of Winchester. And that the statutes made for the punishment of Rogues and Vagabonds, and night walkers, and such other idle persons coming within your bounds or limits, be duly put in execution, you shall have a watchful eye to such persons as shall maintain or keep any common house or place where any unlawful game is or shall be used. As also to such as shall frequent or use such places or shall use or exercise any unlawful games there or elsewhere, contrary to the Laws and statutes of this Kingdom, you shall well and duly execute all precepts and warrants to you directed from the justices of P. of this County, and you shall well and duly according to your knowledge power and ability do and execute all other things belonging to the office of a Constable so long as you shall continue in this office. So help you God. This oath I have set down the more largely, thereby to show the principal matters whereof the Constables are chiefly to have care. Libri primi Finis. The Method and Contents of the second Book. 1. THe two first Chapters contain the Description of the general Sessions: and how the same shall be summoned and appointed, and by whom. 2. The third Chapter declareth what persons ought to give their attendance at the general Sessions of the peace. 3. The fourth, fift, sixth, and seventh Chapters do set forth what offences are to be given in Charge, and inquired of by the grand-jury, viz. Offences 1. Of Treason. 2. Of Felony. 3. Of Misprision. And lastly Fynable Offences: which are of four sorts, viz. Offences 1. Of force and violence. 2. Of Fraud and deceit. 3. Of Omissions in Officers & others. and fourthly, other Abuses and enormities tending to the prejudice of the commonwealth. 4. The eighth Chapter treateth of the substance, certainty, and legal forms that ought to be in Indictments and Presentments: and the difference between the one and the other. 5. The ninth Chapter declareth the impediments of proceeding before the justices of Peace. 6. The tenth Chapter setteth forth the sundry sorts of process that are to issue upon Indictments and Presentments. 7. The 11, 12, 13, and 14. Chapters declare the several ways of hearing and Trial, viz. Upon Confession, Discretion, Examination, Traverse. 8. The 15. Chapter setteth forth the manner of the Trial of felons upon Arraignment, and what helps the prisoners may have to allege or plead for their acquittal, or delay of Trial, judgement or Execution. 9 The 16. Chapter declareth the several judgements that are to be given upon the offenders for the several offences aforesaid. 10. The 17. Chapter setteth forth the process which are to issue for the King's Fine. 11. The 18. Chapter setteth forth the executory process which are to issue for the parties that prosecute, and for restitution of the goods stolen, or satisfaction for them. 12. The 19 Chapter declareth the manner and form of certifying the Records of the Sessions into other Courts or unto other officers. 13. The 20. Chapter showeth what matters are to be done, and handled in the Quarter-Sessions only, or in some one or more of them, and at what time they are to be holden. 14. The 21. Chapter setteth forth the special Sessions of the peace, and the matters to be handled therein. 15. The 22. Chapter declareth the Rewards and Punishments that are due to the justices of Peace. The Heads of the several Chapters, and the particular matters contained in each Chapter, follow in order as they are set forth in the Book, viz. Ca 1. The description of the general Sessions of the peace. 1. It is an Assembly of two justices of the peace or more, for the executing their general authority, S. 2. 2. The times when it is to be holden, S. 3. 3. Three things to be done in the Sessions, S. 4. Ca 2. Who shall appoint the sessions, and how, and when. 1. By whom it is to be appointed, S. 5. 2. The manner how, S. 2, 3, 4. 3. The ways whereby the justices are to take knowledge of the Causes there to be handled, S. 1. 4. By whom it is to be holden, S. 6. 5. The place where the Sessions may be holden, S. 7, 8. 1. The justices of peace and their authorities, S. 1, 2, 3. 2. The Custos Rotulorum and his authority, S. 4, 5, 6, 7. 3. The Records of the Sessions, S. 8, 9, 10, 11. Ca 3. What persons ought to appear at the sessions and the privilege of the Sessions. 4. The Clerk of the peace, and his office, S. 13, 14, 15. 5. The Coroners, and their duties, S. 16. 6. The Sheriff and the duty of his place, S. 17. 7. The Bailiffs of Franchises and Constables, S. 18, 19 8. jurors and how they ought to be qualified, S. 20, 21, 22, 23, 24, 25, 26, 27, 28, 29. 9 The number of the jurors and how they ought to be kept, S. 30, 31. 10. The punishment of the jurors for concealment, S. 32, 33, 34, 35. 11. The privilege of the Sessions, S. 36. Ca 4. Of the Articles that are to be given in Charge in the general Sessions. Offences of Force. 1. The ancient order of giving the Charge, S. 1, 2, 3, 4, 5, 6. 2. The points of the Charge, S. 7, 8. 3. Of force: as Riots, Routs, etc. S. 9 4. Of Maihems. 5. Of all Assaults, Batteries, and other Trespasses whatsoever against the body, goods, or other things of any, pag. 10. S. 2, 3. 6. Rescuing of distresses, pag. 11. S. 4. 7. Breaking of Pounds, pag. 11. S. 5. Ca 5. Offences of Fraud and deceit. 1. The description of Extortion, S. 1. 2. Extortion in Landlords, S. 2. 3. In Escheators, S. 3. 4. In Sheriffs, S. 4, 5, 6. 5. In Coroners, S. 7. Extortion. 6. In ordinaries and their Clerks, S. 8. 7. In Clerks of the Peace, S. 9 Embracery and Imbraceours. 8. In Clerks of the Market, S. 10. 9 In Majors and their Officers, etc. S. 11. 10. In Purveyors, S. 12. 11. jurors that shall take bribes, S. 13. Cousinage. 12. By false tokens, etc. S. 14. 13. Packing of Fish deceitfully, S. 15. 14. By Cowpers, S. 16. 15. By Millers, S. 17. Maintenance and Champerty. 16. By buying pretended Titles, S. 18. 17. By maintaining of suits or quarrels, S. 19, 20. Subornation and Perjury. 18. By procuring any to give false testimony, S. 21. 19 By giving false testimony, S. 22. Forestall Regrating, and engrossing. 20. By buying of Corn or other things coming to the Market, S. 23. 21. By buying of Corn or other victual in the Market and selling the same in the same Market, etc. S. 24. 22. By engrossing of Corn and other dead victuals, S. 25. False weights and measures. 23. Using of false weights and measures, Sect. 26, 27. Victuallers, 24. By selling corrupt victuals, S. 28. 25. By selling at excessive rates, S. 29. Artificers, 26. By working deceitfully, S. 30, 31. Conspiracies 27. By Artificers, Labourers and servants, S. 34. 28. By false Conspiracies to take away ones life, S. 35. Forgery, 29. By forging of false deeds, etc. S. 36. Ca 6. Offences of Omission. 1. Omissions in Constables, S. 1, 2, 3, 4, 5, 6, 7. 2. Omissions in others, S. 7, 8, 9, 10. 3. Neglect of Towneships, S. 11, 12. 4. Neglect of Servants, Labourers, etc. S. 13, 14. 5. Neglect of repairing Bridges, etc. S. 15. 6. Neglect of Constables and Churchwardens for not electing Surveyors for the highways, S. 16. 7. The neglect of the Surveyors, S. 17. 8. The neglect of the parishioners for not working on the highways, S. 18, 19 9 The neglect of all Officers and Ministers of justice for not executing their offices, S. 20. 10. The neglect of repairing to the Church, etc. S. 21. 11. The neglect of such as shall be required by the justices of Peace or Sheriffs to assist them to arrest offenders in Riots, etc. and other malefactors, S. 22. 1. Profaning the Sabbath, S. 1, 2. 2. Depraving the Book of Common Prayer, or disturbing the Minister, S. 3, 4. 3. Cursing and swearing, S. 5. 4. Common Drunkards and common Adulterers, S. 6, 7. 5. Keepers of Bawdy-houses, and the Frequenters of them, S. 8. 6. Common gaming houses, and common gamesters, S. 9 7. Alehouse-keepers and Taverners that keep disorder, S. 10. 8. Destroying of Salmon Frye, S. 11. Ca 7. Other abuses tending to the dishonour of God and prejudice to the Commonwealth. 9 The taking away of young women, S. 12. 10. Ploughing by the tail, S. 13. 11. Burning of Corn in the Straw, S. 14. 12. Coshering and idle wand'ring, S. 15. 13. Selling wine, etc. by measures not scaled, S. 16. 14. The not using the English habit and language. S. 17. 15. Leazing of Corn in Harvest. S. 18. 16. Keeping inmates. S. 19 17. Keeping Swine upon the Strand. S. 20. 18. Several common Nuisances, S. 21, 22, 23, 24. 19 Buying of Hides and some other things out of the market, Sect. 25. 20. Not keeping Schools in every parish, S. 26, 27. 21. Several offences in their Sheriffs and their Bailiffs, S. 28. 29, 30, 31, 32, 45. 22. Certain offences by Purveyors, S. 33. 23. Keeping of Grey hounds, S. 34. 24. Constable's refusing to assist the owners of goods unlawfully taken by Purveyors, S. 35. 25. Hue and Cry, and escapes, S. 36, 37. 26. Giving of Liveries, S. 38. 27. Buying of Corne. S. 39 28. Selling victuals at excessive rates, S. 40. 29. Tylemakers, S. 41, 42, 43. 30. Rogues and sturdy beggars. 31. Gaolers taking Fees, etc. S. 46. 32. Libelers and slanderers, etc. S. 47. 33. All other offences, etc. S. 48. Ca 8. Of the indictments & Presentments, and of the matter & form of them, & of the Receiving and recording of them. 1. Of the difference between Indictments and Presentments, S. 1, 2, 3, 4. 2. Of the time within which Indictments or Informations ought to be exhibited, S. 5. 3. What certainty ought to be contained in Indictments and Presentments, S. 6. 4. Of the Additions of the estate, degree, Mystery, etc. of the party indicted, S. 7, 8, 9, 10, 11, 12, 13. 5. Of the certainty of the time, S. 14, 15, 16, 17, 18, 19 6. Of the certainty of the place, S. 20, 21, 22, 23, 24. 7. Of the certainty of the name of the party to whom the offence is done, S. 25, 26, 27, 28, 29, 30. 8. Of the name and value of the thing, S. 31, 32, 33, 34, 35. 9 Of the manner of the fact and nature of the offence, S. 36. 37, 38, 39, 40, 41. 10. What words are requisite to express the offence, S. 42, 43, 44, 45, 46, 47, 48, 49, 50. 11. What Indictments the justices of peace are to receive in the Sessions, S. 52, 53. Ca 9 Of the impediments of proceeding upon Indictments before the justices of peace and therewithal of the Certiorari to remove Records. 1. Of the Force of the Certiorari, S. 1, 2, 3, 4. 2. To whom it is directed, S. 5. 3. The duty of the justices of peace upon the Certiorari, S. 6, 7. 4. The manner of certifying the record upon the Certiorari, S. 8, 9, 10, 11, 12. Ca 10. Of the sundry sorts of process upon Indictments, and of the Supersedeas for stay of them. 1 In what cases Process is needful, and in what not, S. 1, 2. 2. Whereof Process taketh the name, S. 3. 3. The authority to make Process, and in whose name it ought to be, S. 4, 5, 6. 4. Upon what Indictments justices of peace may make Process, Sect. 7, 8. 5. How fare justices of peace may proceed in making Process, Sect. 9, 10. 6. The Process in Cases of Trespass, etc. S. 11, 12, 13. 7. The Process in other special Cases grounded upon special Statutes, S. 14, 15, 16, 17, 18. 8. Of Supersedeas for stay of Process, S. 19 9 Of Process upon Indictments of Treason and Felony, Sect. 20, 21, 22, 23. Of Process upon Informations, S. 24, 25. Ca 11. Of hearing upon Confession. 1. Of the several sorts of Confession, S. 1, 2. 2. Of free Confession, S. 3, 4. 3. Of Confession after a manner, S. 5, 6. 4. Of forced Confession, S. 7. Ca 12. Of hearing by discretion. 1. When the offendor doth not deny the fact. S. 1. 2. When the Offender doth deny the fact, S. 2, 3, 4, 5, 6, 7, 8. Ca 13. Of hearing or Trial upon Examination. 1. The occasion of Trial by Examination, S. 1. 2. In what Cases this Trial is permitted, S. 2, 4, 5. 3. The manner of this Examination, S. 3, 5, 6. 4. In what Cases the Examination ought to be upon oath. Sect. 7. 1. Upon a Traverse by whom the issue is to be tried, S. 1, 2, 3. 2. Trial of matter in law, S. 4. 3. Upon pleading of a pardon wherein certain persons are excepted, what is to be done, S. 5, 6. Ca 14. Of hearing or Trial by Traverse. 4. Of a Bill of Exception when the justices will not allow of the Exceptions taken to the Indictment, S. 7. 5. The difference between Traverse and Arraignment, and the signification of the word [Traverse] S. 8. 6. What is a Traverse. S. 9, 10, 11. 7. In what Cases a Traverse is to be admitted, S. 12, 13, 14, 15. 8. The form of the whole Record of a Traverse, S. 16. Ca 15. Of trial of prisoners upon Arraignment and what Pleas, or other helps may be used therein by the prisoners. 1. Of the difference between Arraignment & Traverse. S. 1. 2. 2. Of the derivation of the word [Arraignment] S. 4. 3. What the prisoner may plead upon his Arraignment. S. 3, 5. 4. What Felonies the justices of peace may not try, S. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15. 5. What Pleas the prisoner may plead for him or herself in acquittal, or in stay of judgement or execution, S. 17, 18, 19, 20. 6. What Challenge the prisoner may take to the jury, S. 23, 24, 25. 7. Where the Trial shall be de medietate linguarum, S. 26. 8. Another time acquitted of the same felony, S. 27, 28, 29, 30, 31, 32, 33. 9 Another time attainted of another felony, S. 34, 35, 36, 37, 38 10. Another time Clergy. S. 39, 40. 11. By Pardon. S. 41, 42, 43, 44, 45, 46, 47, 48, 49. 12. By Clergy or Sanctuary, S. 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62. Ca 16. Of Indictments, and the several sorts thereof. 1. For Treasons by the Common law, S. 4. 2. For Treasons by statute, S. 5, 6, 7. 3. For Felonies, S. 8, 9, 10. 4. For Misprisions of Treason, S. 11, 12. 5. For Misprisions of Felony, S. 13. 6. For other Misprisions, S. 14, 15, 16. 7. For an offence of Praemunire. S. 17. 8. For Finable offences, S. 18. Ca 17. Of the Process for the King's Fine, & of the assessing and estreating thereof. 1. For the King. S. 1, 2, 3, 4, 5, 6, 7. 2. The difference between a Fine, an Amerciament, and a Ransom, S. 7, 8, 9, 10, 11, 12. 3. Of the Fines for finable Offences, and who may impose the same, S. 13, 14, 15, 16, 17. 4. Fines ought to be assessed in open Court, S. 18, 19, 20. 5. Estreating the Fines, S. 21, 22, 23, 24, 25, 26. Ca 18. Of executory Process and execution for the parties that sue, or for other persons, and of the Restitution of goods stolen. 1. Of execution for the party that doth prosecute, S. 1, 2, 3, 4. 2. Of Restitution of goods stolen. S. 6. Ca 19 Of the certifying of the Records of the Sessions to other Courts or officers. 1. When the justices need not to certify without a Certiorari, S. 1, 2, 3. 2. When the justices of peace are to certify without Certiorari. S. 3, 4, 5. 3. Of the force of the Certiorari, S. 6, 7, 8. Ca 20. Matters by several statutes especially appointed to be done and executed in the Quarter-sessions. 1. What Sessions is and aught to be called a Quarter-Sessions, S. 1, 2, 3. 2. At what time the Quarter-Sessions ought to be holden, S. 4, 5, 6, 7, 8. 3. What things are appropriate to the quarter Sessions only, S. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21. Ca 21. Of the special Sessions of the peace. 1. How many justices are requisite for the holding of it, and their authority to hold the same, S. 1. 2. The occasions for holding the same, S. 2. 3. What matters may be handled therein, S. 2, 3. 4. The form of the precept for summoning the same, S. 4. Ca 22. Of Rewards & Punishments due to the justices of Peace in respect of their Sessions. 1. How long the justices are to continue the holding of the Quarter-Sessions, and what wages they are to have for the same, S. 1, 2. 2. How many of the justices shall have wages, and who shall be excluded, S. 3, 4, 5, 6. 3. In what Cases the justices shall receive no punishment for errors committed by them, S. 7, 10. 4. In what Cases the justices are to be punished for their misdoings, S. 8, 9 THE SECOND BOOK. The Description of the general Sessions of the justices of Peace. CHAP. I. 1 I Have so largely in the former book set forth the power and authority of one or more justices of peace out of the general Sessions that I shall not need to be long in setting forth their power and authority and the forms of their proceed in their general Sessions. 2. The general Sessions of the peace is an assembly or a meeting of two or more justices of peace, whereof one must be of the Quorum for the executing of their general authority. 3. This general Sessions of the peace is grounded chiefly upon the words of the second Assignavimus in the Commission, Lamb. li. 4. fo. 379. the which being vos, et quoslibet duos vel plures vestrum, quorum, etc. do very necessarily require the presence of one of the Quorum, and these general Sessions by the statute of 2. H. 5. ca 4. are to be holden at four times in the year, viz. in the first week after the feast of Saint Michael the Archangel, the first week after the Epiphany, the first week after the Easter week, and the first week after the translation of Saint Thomas the Martyr, which is the third of july or oftener if need require. 4. And these three things namely to inquire, Lamb. li. 4. fo. 379. hear and determine do (in effect) comprehend whatsoever belongeth to the general Sessions, so that every thing whereof I shall hereafter entreat will concern either the information of the justices by enquiry, or otherwise the hearing and trial of the cause itself, or the judgement and execution (which is the determining) given and done upon it. Who shall appoint the Sessions of the peace, and how and where. CHAP. 2. 1. THe justices of the peace do (at their Sessions) take knowledge of causes within their jurisdiction, either by the oath of Enquirors, Lambard. li. 4. fo. 380. or by the Presentment or Declaration of other men, and this inquiry is first prepared, by the appearance of the officers and Country, and by the Articles given in charge, and then performed by the presentment (or indictment) of them that had the charge to make it. 2. Now albeit that these Sessions be commonly and most orderly summoned by a precept in writing, yet is it not altogether of necessity (for the making of a lawful Sessions) to have it so, for if competent justices of the peace do get men to serve and thereupon do hold a Session without any precept before directed, Lamb. li. 4. fo. 380. all presentments made before them by twelve lawful men, shall be of force in Law, but no man shall lose any thing for his default of appearance there, because no man had notice of their sitting. Lamb. li. 4. fo. 381. 3. Nevertheless, because the common and more allowable manner is, to call the officers and County together for this service, by a precept to the Sheriff, wherein both the disposition of the Iust. is notified for the holding of a Session, and the service and attendance of those others is commanded to be thereat. It will be needful to set forth the form thereof, which may be thus. Precept to summon the Sessions of the peace. Lamb. li. 4. fo. 381. 4. Edwardus Hoby Miles, & Radulphus Hayman Armiger, duo justiciar. domini reg. ad pacem in Comitatu Dublin conservand. necnon ad diversa felonias, transgressiones, & alia malefacta in dicto Comitat. perpetrata audiendum & terminandum assignatorum, vicecomiti ejusdem comitatus, salutem. Ex parte dicti Domini Regis tibi praecipimus, quod non omittas propter aliquam libertatem in balliva tua, quin eam ingrediaris, & venire facias coram nobis vel sociis nostris justiciariis pacis, etc. tali die, etc. prox. futuro apud Killmainham in Comitatu predicto tam 24. probos & legales homines de qualibet Baronia in balliva tua, quam 24. milites & alios probos & legales homines de corpore comitatus tui, tam infra libertates quam extra quorum quilibet habeat 40. s. redditus terrarum & tenementorum liber. per ann. ad minùs, ad inquirendum tunc & ibidem super hiis quae ex parte dicti domini Regis eis injungentur, scire facias etiam omnibus Coronatoribus Comitatus tui, Seneschallis, Constabulariis, Subconstabulariis & Ballivis libertatum, infra baronias & libertates predict. quod sint tunc ibi, ad faciendum & perimplendum ea quae ratione officiorum suorum sunt facienda, proclamari praeterea facias per totam ballivam tuam in locis idoneis predictam sessionem pacis ad diem & locum predictum fore tenend. Et tu ipse tunc sis ibidem, ad faciend. & exercend. ea quae ad officium tuum pertinent, Et habeas ibi tunc tam nomina juratorum, Coronatorum, Seneschallorum, Constabulariorum, Subconstabulariorum, & Ballivorum pred. quàm hoc preceptum. Datum sub sigillis nostris apud S. in Com. predict. die Martij Anno Regni dicti Domini nostri Regis Caroli dei gratia, etc. 5. This precept may be made (as here it is) by any two justices The number of the justices. of the peace, so that the one of them be of the Quorum, for two such may hold a Session of the peace, as it doth plainly appear by the Commission: Lamb. li. 4. foe 382. and therefore as Master Marrow saith, it sufficeth not to have it run under the name of the Custos Rotulorum alone, seeing that he hath no more authority in this behalf, than any one of his fellows hath, for the words of the mandamus in the Commission to the Sheriff be coram nobis, etc. venire facias, tot & tales, etc. yea, if two such justices make a precept for a Session of the peace, all their fellow justices cannot discharge it by their Supersedeas, but a Supersedeas out of the Chancery may discharge it. 6. Lamb. li. 4. fo. 383. And if one justice of peace alone will take upon him to hold a Sessions of the peace (that was lawfully summoned by him, and another such justice) and will make the style of the Session in the names of himself and the other, all presentments so taken before him may be avoided, but if the Sessions be in truth holden by two sufficient justices only, and the style, or title thereof be made in the names of three, than all the presentments before them shall stand good, for it will not help the party to say, that one of the three was not there, when it shall appear that two of them (the one being of the Quorum) were present, which will suffice, by Marrow. 7. But the place The place. of holding them is arbitrable, and at the pleasure of the justices themselves, so that it be meet for access, and although the precept do appoint the Sessions to be holden in some one Town by name, Lamb. li. 4. fo. 383. yet may the justices keep it in any other Town, and all the presentments shall be good that shall be taken where they hold it, but then again, no amerciament can be set upon any man for his default of appearance, because he had no warning of it. Marr. 8. Lamb. li. 4. fo. 384. So if two such justices make a precept for a Session to be holden in one Town, and two other justices make another precept for another Session to be holden at another Town, (or in any other part of the said Town) the same day, than the presentments taken before either of them shall be good, Marr. and then it seemeth, that he that serveth at the one Session (as a juror or officer) shall be excused for his default at the other, because as they both be the King's Courts, and of equal authority, so he cannot present himself in both of them at once. What persons ought to appear at the Sessions, and therein of the Custos Rotulorum, the Records of the Sessions, and the Clerk of the peace, and how the jurors ought to be qualified and ordered, and of the privilege of the Sessions. CHAP. 3. 1. FOr the better preparation towards this Enquirie, let us peruse the persons that are to attend and do service at the Sessions. 2. The justices of the Peace be so necessary, The justices and their equality. as without them (though all others should appear) no Session can be kept: and yet if any of them be absent, Lamb. li. 4. fo. 385. their fellow justices cannot amerce them, as the Iust. of Assize may do, for their absence at the gaol delivery, for inter pares non est potestas, and the authority of all the justices of the peace at the Sessions is equal, so that like power hath he which is not of the Quorum with him that is, except it be in special cases set forth in the Commission and statutes, and therefore it was holden (3. H. 7. Fitz. tit. justice of peace 3.) that if one which is not of the Quorum, will be so bold as to rebuke one that is of the Quorum, he and his companions may not commit him to prison for it, neither will any discreet justice take liberty hereby to carp at or scorn any of his Colleagues, because he is equal with them, but will rather draw from thence a lesson to use them with all lenity and modesty, seeing that in authority they be not inferior to him. Lamb. li. 4. fo. 386. 3. And albeit the power of these justices be joint at the Sessions, yet (to some purpose) each one hath a distinct power by himself also, for if one of them sitting in this judicial place shall see a Riot he may cause the parties to be arrested, and may also record the Riot, whereby they shall be so concluded, as they shall have none answer to it, Fitzherbert tit. justice's del peace 9 4. But two sorts of men there are, that especially own their ordinary attendance at the Sessions, that is to say the officers or ministers of the Court, and the jurors of the County. 5. Amongst the officers the Custos Rotulorum The Custos Rotulorum. hath worthily the first place, both for that he is always a justice of the Quorum in the Commission, Lamb. li. 4. fo. 387. and amongst them of the Quorum a man (for the most part) especially picked out either for wisdom, countenance, or credit, and yet in this behalf he beareth the person of an officer, and aught to attend by himself or his Deputy, and as he is an officer he may be fined for his neglect. 6. For the words in the Commission be to him by his proper name, quod ad dies et loca predicta, brevia, precepta processus et indictamenta predicta coram te, Who shall keep the Commission of the peace. et dict. socijs tuis venire facias: Whereas until the 14. year of the Reign of King Richard the second, that charge was general to all the justices, and not special to any one person of the Commission. 9 E. 4. fo. 2. 10. H. 7. fo. 7. 7. This man (as his very name declareth) hath the custody of the Rolls (or Records) of the Sessions of the peace, and of the Commission of the peace itself. 8. But under the name of the Records of the Sessions of the peace, The Records of the peace. Lamb. li. 4. fo. 388. I do not comprehend all manner of Records concerning the peace, but those only which ought to be at the Sessions, as Bills, Plaints, Informations, Indictments, Presentments, the Rolls, of processes, Trials, judgements, Executions, and all other Acts of the Sessions of the peace themselves, and furthermore the ingrossement of the Rates of servants wages, all Recognizances of the peace and good Abearing, Recognizances, concerning Treasons, Felonies, and such like as aught to be certified (or brought) to the Sessions of the peace, must be numbered amongst the Records of the Sessions of the peace, for of all these there may be use in the Sessions, and therefore the Custos Rotulorum or some for him ought to be ready there to show them. 9 For which end it is meet, that howsoever those Records have heretofore been suffered to lie in the hands of the Clerk of the peace, and by the death and remove of him, have been to seek, yet now the inconveniency being found, and the Records themselves being drawn to greater bulk, the same should be lodged in some special and proper Room under safe custody, and not without an Inventory (or Register) indented, whereof the one part to remain with the Custos Rotulorum, and the other with the keeper of them. 10. Lamb. li. 4. fo. 389. Although it were before time at the liberty of a justice of peace to certify a Recognisance of the peace to the Custos Rotulorum, as you may see in 2. H. 7. 1. Yet now by the statute of (3. H. 7. ca 1.) he ought to certify, send, or bring it to the next general Sessions of the peace, that the party may be called, and to the end also, that his default, (if he make any) may be recorded, and by such Record of his default he is concluded to say that he appeared there. 11. As for precepts for surety of the peace, the special Records for conviction of forceible Entries, Riots, and such like as be made out of the Sessions of the peace by particular justices, and be to remain with themselves, and not appointed to be certified thither, I cannot reckon them in the number of the Records of the Sessions of the peace, no more than I may well do the inrolments of bargains and sales, and such other Records lying in the charge of the Custos Rotulorum or Clerk of the peace. 12. And now as this man is (by name and office) keeper of the Records of the peace, so would it not a little amend the service if he were indeed also careful for the due preservation of them, and would not loosely leave them (as commonly it is found) to the only custody of the Clerk of the peace, without having any Register of their number and sorts, and without appointing any convenient place certain, for the more ready search and safe bestowing of them, whereby it falleth out very often that after the death of such a Clerk, these Records are hardly recovered and that by piece meal from his widow, servants or executors, who at their pleasure may embezzle, misuse, or conceal what they will, the which, how fare it may reach to the loss of his Majesty in his escheats, fines and forfeits royal, and to the hurt of his subjects aswell in their purchases of lands (the inrolments whereof also are not always orderly digested) as in their goods, and towards their persons by the filching of Bonds, Endictments, or Processes, I leave to be debated and decided in the Court of their own consciences that take this charge upon them. 13. The Clerk of the peace Clerk of the peace. oweth his attendance also at the Sessions, for he readeth the indictments, and serveth the Court, he inroleth the Acts of the Sessions, and draweth the process, he must Record the Proclamations of rates for servants wages, and many other things. 14. All which things he cannot do, if he be not present, so that he is an officer of this Court, and is the Clerk to the justices as the statute of 12. R. 2. ca 10. nameth him, and not (as Master Marrow thought) the Clerk of the Custos Rotulorum. 15. You may read also in 2. H. 7. that if a Recognisance of the peace be brought in to the Custos Rotulorum, and the party grieved will not sue forward, than the Clerk of the peace (who is the Clerk and Attorney of the King, saith that book) shall call upon it for the King's advantage. 16. Furthermore the Coroners The Coroners. (as the common form of the precept showeth) ought to be present at the Sessions, because the Coroners be parties to the Exigents, and the judges of the utlary, howbeit they are beside that Conservators of the peace also, and may in some cases commit men to prison, and therefore aught to be at the Sessions to object against them. 17. The Seriffe The Sheriff. in like manner ought to attend at the Sessions for the double duty that he beareth, the one as Sheriff to return the precept, to take the charge of prisoners, and so to serve the Court otherwise as he hath in charge by the mandamus that is mentioned in the Commission, the other, because he also hath care and charge of the peace. 18. The Bailiffs of Franchises and the Constables Bailiffs and Constables. of Baronies are to serve here, the one as Ministers, and the other as jurors, and therefore aught to give their attendance. 19 And every of those may be amerced, if they make default. 20. But especially here ought to appear such jurors, as be returned by the Sheriff, and warned by his Bailiffs, whether it be for enquiry or trial, jurors for inquiry and trial. and in this behalf both the Commission, the common form of the precept, and the Law itself (in 11. H. 4. cap. 9) willeth that they should be probi & legales homines. 21. For if any of them be discredited in Law, as by attainder in conspiracy attaint, decies tantum, subornation, of perjury, concealment or such like, they be not probi, and their presentment will be void, unless there be twelve besides them, that are not so blemished. 22. Again if they be outlawed, abjured, condemned in a praemunire, or attainted of Treason, Felony, or such like; then be they not legales, and their presentments are merely void also, as it may be gathered upon the case in 11. H. 4. 41. 23. And women, Infants under 21. years of age, Aliens, and such as be within orders of the Ministry or Clergy cannot be impanelled amongst others. Marrow. 24. Generally also, Lamb. li. 4. pa. 396. et 397. the jurors ought either to be inhabiting within the shire, or else to have lands there, for the Commission willeth that they should be such per quos rei veritas melius sciri poterit which must needs be understood of such as have causes to know the Country, and the precept is usually according to the same form. 25. If any of these jurors returned, Lamb. ibid. be threescore and ten years of age, or have any continual infirmity, or be otherwise decrepit, yet that shall not excuse him for not appearing, if the justices will exact his service, but he is driven to his Action upon the statute of (Westm. 2. ca 38.) against the Sheriff for his returning of him. Marrow. 26. And if he have a Charter of exemption, he ought to show it to the Sheriff against whom (if he will notwithstanding empanel him) he may have only his Action upon the case, and none other remedy, 18. H. 8. 5. 18. H. 8. fo. 5. which may be truly said, as to the saving of his issues, but by some other books, and namely 42. Ass. p. 5. 48. Ass. pa. 5. and Marrow, he is to be discharged upon his appearance and specially where he he hath in his charter of exemption these words licet tangat nos, unless his exemption be grounded upon a false suggestion or that it fall out that there want others that be sufficient to serve and furnish the number, in which case none is to be spared. Lamb. li. 4. pag. 397. 27. ●amb. li. 4. pag. 398. Now although some of the jurors of this enquiry be of affinity, (or consanguinity) with any party grieved that procureth the Indictment, yet that hindereth not their presentment, howbeit it is no good discretion for the justices if they know it to suffer any such to be empanelled if there be a sufficient number of others to be had. 28. But the men be not truly jurors, till they be sworn, How they of the jury must be sworn and ordered. Lamb. ibid. as their name pretendeth, and otherwise their presentment is utterly void, and if it should (by any over sight) happen that they or some of them were not sworn at all, yet if the Record make mention, that they be sworn, their presentment is of force enough, for the Record may not be gainsaid. 29. And the justices may (upon cause) remove a juror The number of jurors. after he is sworn, 20. H. 6. 5. again, if after the swearing of a jury their service be put of till the next day upon any urgent occasion, then may they be sworn of new, as if they had not before appeared, 7. H. 4. 38. 7. H. 4. fo. 38. 30. Each jury ought to contain twelve in number at the least, Lamb. li. 4. pag. 400. and if there be more, it shall not be amiss, but if twelve of them do agree the gainsaying of the residue cannot hinder the presentment, yea the Law was in the time of King Etheldred that in a jury of twelve the agreement of eight should stand and make a good verdict, but the Law is otherwise used and taken at this day. 31. The justices ought not to commit these jurors of enquiry to any keeper, nor to keep them without meat and drink, Lamb. ibid. nor to carry them out of the Town, and yet they may adjourn them to any other place in the same County to give their verdict. 32. If these jurors do wilfully conceal offences, Concealment. presentable and that be complained of by Bill, Lamb. ibid. then may the justices choose an inquest of persons whereof every one may dispend 40. s. by the year to inquire of their concealments, and if any such be found every one of the first inquest shall be amerced in full Sessions by the discretion of the same justices. 3. H. 7. ca 1. 33. And because the jurors of those days were yet wilful in their concealments, it was provided within eight years after that the justices of peace should determine causes upon information without any such presentment, but that ordinance endured not long. 34. Nevertheless it is to be wished, that these and other enquirors would more carefully employ themselves in that service, which is the chief and almost the only ground whereupon the justices are to work, considering that rarely any other then common promotors (that hunt for private gain, and are not led by zeal of justice) will be entreated to inform against the offenders. 35. And this shall they the better do, if they will be directed by these few Counsels following, viz. First, that they come prepared to further the good of their country, and not to save their issues, or to serve for fashion sake, then that they give credit to credible persons sworn to inform them, Thirdly, that they measure their doings by the right line of Law, and not by the crooked cord of a pretended equity and counterfeit conscience. Furthermore, that they hold not a Court of common pleas by admitting proof of witnesses against the King as knowing that they are not to try an issue, but to offer an Information, the truth or falsity whereof shall be afterward tried by another jury, upon which trial the party indicted shall be heard to speak for himself. To keep council. Finally, that they discover not their own doings, for it is usually a part of their oath, that they shall keep the King's Council and their fellows, and we read in Fitz. tit. Coron. 207. and 272. that to endict a man of felony and then to show abroad to others what they have done therein, hath been taken for felony, howbeit that offence is now holden to be fineable only. 36. And now as all these own their service at the Sessions Privilege of the Sessions. either by reason of their office, or by virtue of the summons, so all others also may freely attend there, if not for any thing that specially concerneth themselves, Lamb. li. 4. pag. 402. yet for the advancement of public justice, and for the service of the King, and to this end, they are invited thither (as I may say) by a certain freedom of access, and by protection from common arrests, a thing that is incident to each Court of Record, and without which justice should be greatly hindered, so that if a man come voluntarily to the Sessions, with the mind, either to prefer any bill of indictment, or to give Information against any other or to tender a fine upon an Indictment touching himself, or do come compelled to make appearance for to save his bond, and be arrested by the Sheriff upon common and original process, in his coming thither, or during his tarrying there, it seemeth that upon examination of the matter upon his oath he shall be dismissed thereof by the privilege of this Court, even as is used in the higher Courts of justice. Of the Articles that are to be given in charge at the Sessions of the peace. CHAP. 4. 1. IT was the ancient manner, that twice in the year at the Sheriffs Turn (which was sometime a Court of great authority and called Shiremoote) the Bishop of the Diocese, and the Alderman (or Earl) of the shire should be present the one to inform the people in the Laws of God, and the other to instruct them in the Laws of the land, as appeareth by Master Lambert li. 4. pag. 404. Lamb. li. 4. pag. 404. 2. And it were to be wished, that as there is commonly at every Assize a Sermon utred by some learned man, so also the like might be at each general Sessions of the peace: for seeing that the Laws of men must be obeyed for God, it doth of necessity ensue, that he which will seek to have man obeyed rightly, must first cause God to be preached truly. 3. The justice of peace (saith master Fitz.) for their parts be bound to inform the people and (no doubt) the charge is given, aswell to instruct the ignorant lest they offend unawares, as to inquire of those that have already fallen into danger by offence, and thereof it is, that many statutes do expressly command, that they shallbe openly read (or declared) at the Sessions as you shall see, in place fit for it. 4. But the manner of giving the charge, and receiving the verdict at this day differeth from that which the justices in Eyre The ancient order of giving the charge in Eyre. were wont to use, for you may see in Bract. fol. 116. that first one of the justices did open before the whole Assembly the benefits of the service in hand, the commodities of keeping the peace, and the evils of the contrary, and that then the Articles of the charge were read by one and one to the jurors, who receiving the same at the hands of the justices, did also make answer (in the yielding up of their verdict) to each article severally, and by itself. 5. Which custom as it had many profits, so it is worthy in mine opinion to be recontinued and brought in use again. 6. Neither aught, the multitude of Articles (now inquireable) to discourage any man in this behalf, for if those laws which be most serviceable either for the present time, or for the place, or other just respect, were only touched or run over, by way of short Articles, than would there be the more time afforded for speech that might be well spent, aswell in discourse of exhortation or dehortation, as in the larger handling of such other stat. whereof there is greater use and necessity, and this liberty the justices in Eyre themselves did use also, as the same M. Bract. in the same place reporteth. 7. The points of the charge The points of the charge divided. that we have in hand may be reduced into five several heads, videlicet: 1. Treasons. 2. Felonies. 3. Misprisions. 4. Praemuniries. 5. Fyneable offences. 8. The four first heads of the charge, videlicet, Treasons, Felonies, Misprisions and Praemuniries are so fully and at large set forth in the first Book under their proper Titles, that it were needless in this place to make repetition of them again, but refer the Reader to their proper Titles in the first Book, so it resteth now to speak of the last head or part of the charge which is Fyneable Offences, and these consist of four parts, videlicet: Offences of 1. Force and violence. 2. Fraud and deceit. 3. Omission and neglect in Officers and others. 4. Other abuses and offences tending to the prejudice of the Commonwealth. 9 The first of these four are Riots, Routs, unlawful assemblies, forceible Entries and Forceible Detayners, and all other Trespasses whatsoever committed upon the body, goods, or lands of any person, or done in disturbance of the peace, or terror of the people; And as for Riots, Routs, unlawful assemblies, forcible Entries and detainer, and all riding or going armed in terrorem populi, vel perturbationem pacis, they are likewise so largely and particularly expressed under their apt Titles before in the first Book, whereunto I refer the Reader, that it were but lost labour to recite them here again, and therefore I will proceed to the rest of the Articles of the charge, which are these, videlicet: 1. If any person have maimed another, whereby he is the less able to defend himself in fight, as by putting out his Eye, striking of his hand, finger or foot, or by beating out his foreteeth or breaking his Scull, the offenders and their assistants therein are to be punished by a grievous Fine and Imprisonment. 2. If any man have unlawfully assaulted, beaten or wounded another or have committed any Trespass against the body of another, or hath unlawfully taken his goods or committed any Trespass in his lands, this is punishable by Fine and imprisonment at the discretion of the Court, having respect to the greatness or smallness of the offence. 3. If any person have unlawfully broken or destroyed the head of any Pond, mote, stew or several pit, wherein Fishes are put by the owner thereof, or have wrongfully fished in the same with intent to take away the Fishes against the owners will, or have wrongfully entered into any Park used for keeping of Deer, and have hunted, killed, or driven out the Deer, or have taken away young Hawks or the Eggs of Hawks out of the woods of any other person, this is a Trespass punishable at the common Law, by Fine and imprisonment, and by statutes made in England, videlicet in 5. El. ca 21. & 3. jac. ca 13. it is punishable by Fine, 3. months imprisonment and bonds of the good behaviour for 7. years, and although these statutes be not of force in Ireland, yet they may in some sort guide the discretion of the justices in assessing the Fine, and inflicting imprisonment for a longer or shorter time, and the like will fall out in many other cases which are offences at the common law, and for which special punishments are inflicted by several statutes in England, and are in Ireland punishable at the common Law, by Fine and imprisonment only, of which statutes I shall make mention as they shall happen to fall in my way. 4. If any person shall rescue any distress that is taken for rent or other service or damage pheasant, he is to be punished by fine and imprisonment at the discretion of the Court, if there were just cause of taking such distress. 5. Breaking of common Pounds or private Pounds, and taking out the distresses there impounded, is inquirable and punishable by fine and imprisonment at the discretion of the Court. Offences of fraud and deceit. CHAP. 5. 1. THe second sort of fineable offences tending to the defrauding of the people are extortions and oppressions Extortions and oppressions. by officers and ministers of justice in exacting more Fees by colour of their offices then are due by the Law, and likewise in exacting of Fees where none are due, these offences are misdemeanours at the common Law, and are punishable by fine and imprisonment at the discretion of the Court. 2. Extortions and oppressions, in Landlords In Landlords. and their officers in exacting of their Tenants, an Irish pretended duty called Loghtavie, this is likewise punishable by fine and imprisonment, as a misdemeanour at the common Law. 3. If Escheators In Escheators. take above 40. s. for the finding of an office by a statute made in 27. Hen. 6. cap. 17. this is an offence, for which the offendor by that stat. is to be fined in the sum of 40.l. 4. If Sheriffs, In Sheriffs. undersheriffes, or their Clerks shall enter plaints in the County Court without notice of the plainetiffe, or shall divide one contract or Trespass into several plaints, this is a fraudulent offence punishable as a misdemeanour at the common Law, and by a statute made in England in anno 11. Hen. 7. cap. 15. which is not of force in Ireland, the punishment of this offence is 40. s. the one half to the King, and the other half to him that will inform. 5. If the Sheriff shall levy the King's debt contained in any Estreate and written for out of the Exchequer, and refuse to show the party the Extreates under the Exchequer seal, this by several statutes made one in 4. Ed. 3. cap. 9 And another in 7. Hen. 4. cap. 3. is an offence punishable by fine to the King, and triple damages to the party. 6. If Sheriffs or their Gaolers that refuse to receive felons or shall take any thing for the receiving of them, this by the statute of 4. of Edw. 3. ca 10. is punishable by fine and imprisonment. 7. If any Coroner In Coroners. shall exact more Fees for taking an Inquisition super visum corporis of one that is murdered or killed, than thirteen shillings four pence, which is to be paid of the goods of the offendor or of the Towneship where the offence was committed in the day time, if the offendor have escaped, for this offence the Coroner by the statute of 3. H. 7. 3. H. 7. ca 1. shall forfeit 5. l. 8. If Ordinaries or their officers shall take more Fees for the probate of Testaments, or granting letters of administration than is appointed for them to take by the statute of 28. H. 8. cap. 18. in Ireland, the offenders herein shall for every of their offences by force of the said statute incur the penalty and forfeiture of 10.l. 9 If any Clerk of the peace In Clerks of the peace. take above j.s. for the inrolling of a bargain and sale, where the land doth not exceed forty shillings per annum, and where it exceedeth that sum ij.s. uj.d. by a statute made 10. Caroli cap. 1. in Ireland, he is to be punished by fine and imprisonment. 10. If the Clerk of the market In Clerks of the market. take any common fyne or other reward to dispense with offences, or tarryeth any longer in the Country than the necessity of the business requireth by the stat. of 13. R. 2. cap. 4. he is for his first offence to be fined in 5.l. for his second in 10.l. and for his third offence in 20.l. 11. If Mayors In Mayors, etc. and chief officers of Towns and Corporations take excessive Fees, for sealing of weights and measures, that is to say, for sealing of every bushel more than a penny, for every other measure more than a half penny, for every hundred weight more than a penny, for every half hundred more than a half penny, and for every weight under, more than a farthing, by a statute made in 7. H. 7. ca 3. they are for every such offence to be fined in 40. s. 12. If any Purveyor In Purveyors. take any bribe, or reward to spare any man, or take Corn by any other measure then the striked bushel, or take carriages without ready payment, by the several statutes of 15. Ed. 3. cap. 1. 36. Ed. 3. cap. 3. and 1. H. 5. cap. 10. he is to be punished by two year's imprisonment and ransom, and to pay triple damage to the party grieved. 13. If jurors In jurors. take any thing to make their presentments favourably by the statute of 5. Ed. 3. cap. 10. they are to be punished by imprisonment and ransom. 14. If any person shall get into his possession any money or other goods by any false token, By false tokens. or counterfeit letter, this is a misdemeanour at the common Law to be punished by a great fyne and imprisonment, and to be bound to the good behaviour, and by a statute made in England in 33. H. 8. ca 1. which is not in force in Ireland, he is to be punished by imprisonment of his body standing upon the pillory, or otherwise by any corporal pain (except pains of death) as shall be upon him adjudged or appointed by the person or persons before whom he shall be convict of the said offences or of any of them. 15. If any person shall pack fish deceitfully, mixing small fish with the countable fish, by a statute made in 22. Ed. 4. ca 2. he is to be fined for every vessel so deceitfully packed uj.s. viii. d. 16. If any Cowper By Cowpers. shall make vessels for Beer or Ale of unseasonable timber, this is a misdemeanour at the common Law punishable by fine and imprisonment. 17. If any Miller By Millers. shall take Toll by the heap, he is to be punished by fine and imprisonment, and likewise if he take more than the twentieth or four and twentieth part he shall be punished in manner aforesaid by the statute of 31. Ed. 1. called the statute of Bakers and Brewers, etc. 18. If any man shall buy any pretended title By buying of pretended titles. to any lands or tenements, the seller being out of possession, by a statute made in Ireland 10. Caroli, aswell the buyer as the seller shall forfeit the whole value of the lands so contracted for, and also be imprisoned. 19 If any person shall maintain any suit in any Court, By maintenors. or any quarrels in the Country, he is to be punished by Fine and imprisonment by the several statutes of 1. Ed. 3. ca 14. and 1. R. 2. c. 5. 20. If any person shall move pleas or suits, By Champerty. or cause them to be moved, either by their own procurement or by others, and sue them at their proper Costs for to have part of the Land in variance, or part of the gain to be recovered by such suits, such persons by the statute of 33. Ed. 1. Rastal. Champerty 5. are declared to be Champertors, and are to be punished in manner following, that is to say, that if any shall by covenant or contract give up his right to another by way of Champerty, the taker of such gift shall forfeit so much as doth amount to the value of the thing that he hath so acquired, 26. Ed. 1. Articuli super Chartas, cap. 11. And by the statute of 20. Ed. 1. rastal. Champerty 3. he shall be imprisoned by the space of three years, and if any shall receive any Church, Advowson, land or Tenement in Fee or to farm, so long as the thing is in plea, aswell the party that selleth as he that purchaseth the same, shall be punished by Fine and imprisonment, by the statute of Westminster the 2. cap. 49. 21. By subornation. If any person shall suborn or procure another to give false testimony upon his oath in any cause depending in any of the King's Courts, or ad perpetuam rei memoriam, this offence is subornation of perjury, for which the offendor shallbe fined in 40.l. and if he be not worth so much, then to have half a years imprisonment, and to stand upon the pillory and his testimony for ever to be disabled 28. Eliz. cap. 1. in Ireland. 22. If any person shall wilfully and wittingly foresweare himself in any Court of Record this is perjury, By perjury. for which the offendor is to be fined in xx.l. and six months imprisonment, and if he have not goods to that value to be set upon the pillory and both his ears nailed to the same, and his testimony forever to be disallowed 28. Eliz. ca 1. in Ireland. By forestall. 23. If any person or persons shall buy any Corn, Fish, or other things coming by land or water to any market to be sold, these are forestallers, which by the statute of 31. Ed. 1. are declared to be oppressors of the poor, and public enemies of the whole commonalty and Country, and are to be punished as followeth, viz. For the first time to be amerced, and lose the thing so bought, for the second time to have the judgement of the pillory, for the third time to be imprisoned, for the fourth time to abjure the Town, and this judgement shall be given upon all manner of Forestallers, and likewise upon them that give them counsel, help, or favour, 31. Ed. 1. Rastal. Forestallers 1. And by another statute in 25. Ed. 3. cap. 3. Forestallers of wines and all other victuals, wares, and merchandises that come to good Towns by land or by water shall forfeit the thing Forestalled, if the buyer thereof hath given satisfaction to the seller, and if he hath not given satisfaction of all but only by earnest, the buyer shall incur the forfeiture of as much as the Forestalled goods amount unto, after the value, as he bought them, if he hath whereof, and if he hath not, than he shall have two year's imprisonment and more at the King's pleasure, without being let to mainprize, or delivered in other manner, and if he be attainted at the suit of the party, the party shall have the one half of such things Forestalled and forfeit, or the price of the King's gift, and the King the other half. Regrators. 24. If any person or persons shall in any Fair or market, buy any Corn, Wine, Fish, Butter, Cheese, Candles, Tallow, Sheep, Lambs, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Coneys, or other dead victual whasoever that shallbe brought to any Fair or Market to be sold, and do sell the same again in any Fair or market holden or kept in the same place, or in any other Fair or market within four miles thereof, these are Regrators and are to be punished by Fine and imprisonment for this offence as a misdemeanour at the common Law, but by a statute made in England in 5. E. 6. cap. 14. which is not of force in Ireland these are to be punished as followeth, that is to say for their first offence to suffer imprisonment by the space of two months without bail or mainprize, and also to lose and forfeit the value of the goods, Cattles and victual so by them bought or had, and for the second offence to suffer imprisonment by the space of half a year without bail or mainprize, and to lose the double value of all the goods, Cattles and victual so by them bought, and for the third offence to be set upon the Pillory, in the City, Town, or place, where they shall dwell and inhabit, and to lose and forfeit all the goods and Cattles that they have to their own use, and to be imprisoned during the King's pleasure, and although this statute be not of force in Ireland, yet the same may serve for a good direction to the justices of peace to guide them in the assessing of the fine and imposing of imprisonment upon the offenders. 25. If any person or persons shall get into his or their hands by buying, contracting or promise, taking other then by demise, grant, or lease of lands, any Corn, or Grain, Butter, Cheese, Fish, or other dead victuals whatsoever to the intent to sell the same again these are unlawful Engrossers, Engrossers. and are to be punished by Fine and imprisonment in all points as in the last precedent section is expressed for Regrators. 26. If any person or persons shall use any false weights or measures, False weights and measures. by a statute made in 9 H. 5. ca 8. they are to be punished by Fine and Ransom. 27. Breakers of the Assize Breakers of the assize. of bread and drink are to be punished as followeth, viz. For the first, second, and third offence, unless the offence be very great they are to be punished by amerciament, and for the fourth offence if it be a man to be set upon the pillory, and if a woman to be punished upon the Tombrel or Cucking-stool 51. H. 3. rastal, weights 2. 28. If any person or persons shall sell, Corrupt victuals. or set to sale any manner of unwholesome or corrupt meat or drink, they are to be punished in this manner following, viz. for the first time to be grievously amerced, the second time to be set on the pillory, the third time to be fined and imprisoned, and the fourth time he shall abjure the Town. Statute of Bakers and Brewers, Anno 31. Ed. 1. rastal, Butchers 1. 29. All victuallers are to sell their victuals at reasonable rates, Selling of victual at excessive Rates. for reasonable gain, having respect to the price that such victuals are sold at in places adjoining, so that the same sellers may have a moderate gain and not excessive, reasonably to be required according to the distance of the place, whence the said victuals be carried, and if any fell such victuals in any other manner, he shall pay the double of the same that he so received to the party damnified, or in default of him to any other that will pursue, and the Majors and Bailiffs of Cities, Burrowes, Merchant Towns, and of the ports of the Sea, and other places shall have power to inquire of all and singular such persons as shall in any thing offend the same, and to levy the said pain to the use of them at whose suit such offenders shall be convict, and in case that the same Majors and Bailiffs be negligent in doing execution of the premises, than the same Majors and Bailiffs shall pay the triple value of the thing so sold to the party damnified, or to any other that in default of him will pursue. And nevertheless they shall be grievously punished towards the King. 23. Ed. 3. ca 6. and 12. R. 2. ca 3. and 13. R. 2. cap. 8. 30. All Artificers, Deceit in Artificers. as Tanners, Clothiers, Dyers and all other Tradesmen whatsoever, which shall use any deceit in their Trade, or making of their manufactures, are by the common law to be enquired of and presented, and to be punished by Fine and imprisonment, and by diverse statutes made in England they are to have more grievous punishment, but those statutes are not of force in Ireland. 31. If any Goldsmiths Goldsmiths. shall work any base mettle, and not of the true allay, or shall use any other deceit, they are to forfeit the value of the thing wrought: and for guilding upon base mettle, they are to forfeit ten times the value, 37. Ed. 3. cap. 7. 2. H. 5. ca 4. 8. H. 5. c. 3. 28. Ed. 1. cap. 20. 32. If any person or persons shall embrace any jurors by bribes to find a verdict for the one party or the other, in any suit whatsoever, the offendor is to be grievously punished, viz. to forfeit ten times as much as was given by way of embracery, Imbracery. and also to be imprisoned at the discretion of the Court. 5. Ed. 3. cap. 10. Bribery. 33. If any officer or minister of justice shall take any bribe to neglect the doing of his office, or to do his office falsely or corruptly, he is to be punished by the common law by Fine and imprisonment. Conspiracy. 34. If any Tradesman, Artificers, Labourers or servants shall combine and conspire not to work or serve at the rates published by the justices of peace, this is a misdemeanour at the common law, and punishable by fine and imprisonment. 35. If any persons shall make any conspiracy or combination by colour of justice to take away any man's life maliciously without cause, this is a high misdemeanour, and to be grievously punished by the villainous judgement, viz. imprisonment during life, the offenders testimony to be rejected, his house to be razed, his meadows ploughed, his woods to be rooted up, and his person never to approach any of the King's Courts. 36. If any person or persons shall wittingly forge or cause to be forged any false deeds or writings, or publish the same, knowing them to be forged, this is a misdemeanour punishable at the common law by Fine and imprisonment, and may be so punished by the justices of peace, but by a statute made in 28. El. cap. 4. in Ireland, if it concern Inheritance or Freehold of any lands, or hereditaments, it is punishable by Pillory, loss of Ears, slitting the Nose, forfeiture of land during life, and perpetual imprisonment: but this punishment is to be inflicted by the justice of Assize, or justice of Oyer and Terminer, and not by the justices of Peace. Offences of Omission. CHAP. 6. 1. THe third sort of fineable offences are omissions Omissions. in officers, and others in not doing and performing such things as by the Laws of the Kingdom they ought to do, for as the Laws prohibit the doing of such things as are unlawful, so likewise they command the doing and performing of other duties which are for the preservation of the peace and good government of the Commonwealth, and therefore if Constables In Constables. shall not set forth nor levy Hue and Cry after Felons and Traitors upon notice to them given, this is a grievous offence of omission, tending greatly to the prejudice of the Commonwealth, and by the statute of 13. Ed. 1. ca 1. & 2. called the statute of Winchester, to be punished by a great Fine and imprisonment. 2. If Constables shall be negligent in the apprehending and punishing of Rogues, Vagabonds and sturdy beggars, and others that beg without licence, or having Licences beg out of the limits appointed for them to beg in. Such Constables for their neglects by a statute made 33. H. 8. cap. 13. in Ireland, are to be punished by Fine and imprisonment. 3. If Constables shall be negligent in appointing the watch in every Town by a statute made in 5. Ed. 4. cap. 5. in Ireland, they are to be punished by a Fine of three pence for every time that they shall fail in this particular. 4. If Constables shall not do their best endeavour to part an Affray, and to see the King's peace preserved, and to apprehend the offenders, and bring them before a justice of peace, this is a neglect of their duty, and punishable at the common Law by fine and imprisonment. 5. If Constables shall not make search, for idle and suspected persons and common gamesters, that live idly and expensively, having no means to maintain themselves, and bring them before a justice of peace, this neglect is a misdemeanour at the common law, and punishable by fine and imprisonment. 6. If Constables shall neglect or refuse to apprehend Felons or Traitors, or to make search for them upon request or notice given them, this is likewise a misdemeanour at the common law, and punishable by fine and imprisonment. 7. If Constables or any other officers Neglect of officers & others. or ministers of justice shall refuse or neglect to execute the warrants of any justice of peace to them or any of them directed, this is likewise a misdemeanour at the Common law, and punishable by fine and imprisonment. 8. If any person or persons shall refuse to follow Hue and Cry after Felons and Traitors at the Constables command by the Statute of Winchester made Anno 10. Edw. 1. cap. 1. & 2. they are to be punished by fine and imprisonment. 9 If any person or persons shall refuse to assist the Constable to make search for and to apprehend Felons or Traitors, or other suspected persons, or to convey prisoners to the gaol, or before a justice of the peace, this is a misdemeanour at the Common Law, and punishable by Fine and imprisonment. 10. If any person shall refuse or neglect to keep the watch, when he shall be required by the Constable, this is likewise a misdemeanour at the common law, and punishable by fine and imprisonment. Neglect of Towneships. 11. If any Towneship shall permit and suffer sturdy beggars, Rogues or Vagabonds to abide in or pass through their towneship without punishment, or other impotent beggars which beg without licence; The Towneship is to be punished in manner following, viz. To be fined for every impotent beggar 3. s.4.d. and for every sturdy beggar, Rogue or Vagabond 6. s. 8. d. and this by the statute of 33. H. 8. ca 15. in Ireland. 12. Every Towneship ought to have stocks for the punishment of Rogues, Vagabonds, and sturdy beggars, and likewise for the safe keeping of breakers of the peace, and other malefactors, until they can conveniently be brought before a justice of the peace; And also common and overt pounds, wherein distresses are to be impounded, and such towneships as shall want such stocks and common pounds, are to be punished by fine at the discretion of the justice of peace. 13. If any servant, artificer or labourer Servants, Labourers and Artificers. shall refuse to work or labour at the wages rated by the justice of peace, or shall take more wages then according to the rates published by the said justices by the stat. of 33. H. 8. cap. 9 in Ireland, they are to be punished in manner following, viz. To forfeit so much as they take above the rates, and imprisonment at the discretion of the justices of Peace. 14. All such as are idlers and will not labour at all, and yet have nothing to maintain themselves are to be enquired of & presented, and to be punished by the Common law by fine and imprisonment, until they find sureties to labour, or for the good behaviour, at the discretion of the justice of peace. 15. All defects of Bridges, Defects of Bridges, etc. causeys and highways are to be presented in the general Sessions of the peace, and all such as ought to repair the same, whether it be the whole county, one or more Baronies, Parishes, or any one person in particular, they are to be fined for their neglect herein by the common Law. 16. If the Ministers, Churchwardens, and Constables shall not upon Tuesday or Wednesday in Easter week yearly choose Surveyors for the highways according to the stat. in that case provided; This neglect of theirs aught to be presented at the general Sessions of the peace, for which they are to be punished by fine and imprisonment; 11. jacob. cap. 7. in Ireland. 17. If the Surveyors for the highways or any of them being chosen, as in the next precedent Section is specified, shall refuse to execute that office by the stat. of 11. jac. cap. 7. in Ireland; every of them so offending is to forfeit ten pounds for such his neglect. 18. All inhabitants of every parish by the said stat. of 11. jacob. are to labour six days at the appointment of the Surveyors for mending of the highways within their several parishes in manner following, viz. Every Parishioner that hath a wain or Cart is to labour with his wain or cart with two men, and in default thereof to forfeit for every day twenty shillings, and every other person being a householder shall send one man to labour in the amendment of the highways, and Cashes or Causeys, or else in default thereof, every such person making default, is to forfeit for every such default two shillings; And every of the said Wanes, Carts, and persons are to labour eight hours in every of the said six days. 19 All persons that have lands adjoining to any highways are to scour their ditches, and to cut the paces adjoining to such high ways, so as the highways be not impaired or annoyed for want of scouring of the ditches or cutting of the paces, or in default thereof every person so offending is to forfeit twenty pounds by the said statute of 11. jac. cap. 7. 20. The neglects of all officers or ministers of justice whatsoever in the execution of their several offices, whereby the commonwealth receiveth any prejudice, are to be presented at the general Sessions, and by the common law they are to be punished by fine and imprisonment at the discretion of the Court. 21. The neglect of repairing to the church Not repairing to the Church, etc. to hear Divine Service upon Sundays and Holidays is likewise to be presented, and the party offending for every such neglect upon any Sunday or Holiday is to forfeit one shilling. 2. Eliz. ca 2. in Ireland. 22. If any person or persons shall refuse to be assistant to the justices of peace, Sheriff, or undersheriff, when they shall be required to aid them to arrest the offenders in riots, routs, Refusing to assist the justices of peace, etc. to arrest Rioters, etc. and unlawful assemblies, and other malefactors; this by the common Law is inquirable at the general Sessions of the peace, and to be punished by fine and imprisonment at the discretion of the Court. Other abuses and enormities tending to the dishonour of God, or the prejudice of the Commonwealth. CHAP. 7. THe fourth sort of finable offences are these: viz. 1. The profaning of the Sabbath Profaning the Sabbath. by keeping fairs, or markets, by manual labour, by plays or haunting Taverns and Alehouses, and these are inquirable in the general Sessions of the peace, and to be punished by imprisonment and bonds of the good behaviour; and this by the rule of the Common Law, and the first Assignavimus of the Commission of the peace. 2. Keeping of Fairs or markets in Churches or Churchyards is likewise punishable, and by the statute of 13. Edw. 1. called the stat. of Winchester, to be punished by fine and imprisonment. 3. Depraving of the Book of Common Prayer by word or by writing, Depraving the Book of Common Prayer. or the using of any other Common Prayer or administration of Sacraments than such as are prescribed in that Book is inquirable, and by the stat. of 2. Eliz. cap. 2. in Ireland, to be punished in manner following, viz. If the offendor be an Ecclesiastical person, for the first offence he is to forfeit the profits of all his spiritual promotions for the space of one year, and to suffer imprisonment by the space of six months; for his second offence he is to suffer imprisonment by the space of one whole year, and to be deprived of all his spiritual promotions; and for his third offence to be deprived ipso facto of all his spiritual promotions, and suffer imprisonment during his life: And if the offendor be a lay person, or one that hath not any spiritual promotion, he shall for his first offence suffer imprisonment by the space of one whole year without bail or maineprise, and for the second offence he shall suffer imprisonment during his life. 2. Eliz. cap. 2. in Ireland. Disturbing the Minister. 4. If any person or persons shall disturb the Minister in execution of his function according to that Book of Common Prayer, this is likewise inquirable, and the offendor herein for his first offence is to forfeit an hundred mark, or in lieu thereof to suffer imprisonment for the space of six months; for his second offence he is to forfeit four hundred marks, or to suffer imprisonment by the space of twelve months; for his third offence he is to forfeit all his goods and Chattles, and to be imprisoned during his life. 2. Eliz. c. 2. in Ireland. Cursing and swearing. 5. Such as use to curse and swear, by the statute of 10. Car. cap. 1. in Ireland, are to forfeit for every such oath or cursing one shilling. Common Drunkards. 6. Likewise common Drunkards are to be enquired of; for this is an offence at the Common Law, and contrary to good government, and such are to be punished by imprisonment and bonds of the good behaviour. Common Adulterers. 7. So likewise common adulterers by the rule of Common Law are to be enquired of and to be punished by imprisonment and bonds for the good behaviour. Common bawdy houses. 8. And in like manner keepers of common baudy-houses, and such as frequent them are by the Common Law to be punished by fine and imprisonment, and to be bound to their good behaviour. 9 Keepers of common gaming-houses, and common gamesters are to be punished by fine, Common Gaming houses. imprisonment and bonds for the good behaviour as a misdemeanour at the common Law. 10. In like manner Alehouse-keepers and Taverners, that keep misorder in their houses, Alehouses and Taverns. are to be presented for this offence as a misdemeanour at the common law, and are to be punished by fine, imprisonment and bonds of the good behaviour. 11. All such persons as shall kill or destroy any fry of Salmon or Eels with any nets or Engines are to be presented, Destroying of Frye, etc. and by the statute of 10. Car. cap. 14. in Ireland; they are for every such offence to forfeit forty shillings, and also their nets and Engines. 12. If any person or persons shall take or convey away or cause to be taken or conveyed away any maid or woman-child unmarried being within the age of sixteen years out of or from the possession, Taking away of young maids, etc. custody or governance, and against the will of the father of such maid or woman-child; or of such person or persons to whom the father of such maid or woman-child by his last will and testament or any other act in his life time hath or shall appoint, assign, bequeath, give or grant the keeping, education or governance of such maid or woman-child, except such taking and conveying away as shall be had, made or done by or for such person or persons as without fraud or covin be or then shall be the master or mistress of such maid or woman-child, or the guardian in soccage, or guardian in Chivalry of or to such maid or woman-child; every such person so offending, being above the age of 14. years, shall suffer imprisonment by the space of two whole years without bail or mainprize; and if the said maid or woman-child, so taken away as aforesaid, shall be deflowered or against the will, or unknowing of or to the father of any such maid or woman-child, if the Father be living: or against the will or unknowing of or to the mother of any such maid or woman-child, having the custody and governance if the father be dead, or shall by secret letters, messages or otherwise be contracted or married, except such contract shall be made by the consent of such person or persons as by the title of wardship shall have or be entitled to have the marriage of such maid or woman-child, than every such person so offending shall suffer imprisonment by the space of five years without bail or mainprize, 10. Caroli, cap. 17. in Ireland. 13. If any person or persons shall blow, harrow, Ploughing by the Tail. draw or work any horse, gelding, mare, garron or colt by the tail, or shall cause, procure, or suffer any other to blow or harrow his ground, or to draw any other carriages with his Horses, Mares, Geldings, garrons or colts, or any of them by the tail; or shall pull the wool of any living sheep, or cause, or procure the same instead of shearing or clipping of them, he is to be punished by fine and imprisonment at the discretion of the Court, 11. Car. cap. 15. in Ireland. Burning of Corn in the straw. 14. So likewise if any person whatsoever shall by himself, his wife, children or servants burn, or cause to be burned, any corn or grain in the straw, of what kind soever, he is to be imprisoned in the common gaol of the county for the space of ten days without bail or mainprize, and the delinquent to pay the charge of sending him to the gaol as aforesaid; and for his second offence to be imprisoned by the space of a whole year without bail or mainprize, and to pay the charges as aforesaid; and for the third offence to forfeit forty shillings, and to be bound to the good behaviour, and to pay the charges as aforesaid; the said forty shillings to be paid towards the relief of the parishioners in the said gaol unto the hands of the chief magistrate of the place where such gaol is before the offendor be discharged. 11. Car. cap. 17. in Ireland. Coshering. 15. If any person that hath no means of ability of his own, or sufficient means of support from his parents and kindred shall walk up and down the country with their fosterers or kindred, and retinue, with one or more greyhound or greyhouds, or otherwise, or shall cosher, lodge or cease himself, his followers, horses or greyhouds upon the inhabitants of the country; or shall directly or indirectly exact meat or drink, or money from them, or shall crave any helps in such sort as the poor people dare not deny the same for fear of some scandalous rhymes to be made upon them, or some worse inconvenience to be done unto them: Every justice of peace is to apprehend or cause to be apprehended all such offenders, and to bind them to their loyalty, or to the good behaviour, as in their discretion they shall think fit, and to commit the offenders, until they find such security; and the Sheriff, bailiffs, Constables, Provost Marshals, and all other his Majesty's Loyal subjects are to be aiding and assisting upon request of the justices of peace, in apprehending of such Cosherers and wand'ring idlers, and if they shall make default herein, they are to be punished for their neglect by fine and imprisonment at the discretion of the Court. 11. Car. cap. 16. in Ireland. Selling wine or other liquor. 16. If any person shall sell wine, Ale, or other liquor within any city or town franchised by measures not sealed, he is to be punished by a fine of ten shillings for every time he shall offend herein, 28. H. 6. cap. 3. in Ireland. English habit and language. 17. By a statute made in 28. H. 8. cap. 15. in Ireland, all manner of persons should use English apparel, habit and language, or in default thereof to be punished as followeth, viz. every Lord spiritual and temporal that shall offend herein is to forfeit 6.l. 13. s. 4.d. every Knight and Esquire, 40. s. every Gentleman or Merchant 20. s. every Freeholder and Yeoman 10. s. every Husbandman 6. s. 8.d. and all others 3. s. 4.d. for every offence. Leazors of Corne. 18. Such as use leazing of corn in Harvest, and are able to labour for wages, and will not, are to be punished in manner following, that is, for every time offending to lose all the Corn gathered by leazing, and to forfeit one shilling, and also the owner of the Field that shall willingly suffer such leazers is to forfeit for every time one shilling. 28. H. 8. cap. 24. in Ireland. 19 Such as keep Inmates Inmates. in harvest that refuse to labour for wages, and employ themselves in leazing of Corn, the Keepers of such Inmates are to be punished by forfeiture of 6. s. 8.d. for every such offence. 24. H. 8. cap. 24. in Ireland. 20. Whosoever shall keep Swine Keeping of swine, etc. upon any Strand where the Sea doth ebb and flow, whereby the Spawn of fish is destroyed; the same swine are forfeit, and it is lawful to any person that will, to seize upon them as forfeit; and if such swine shall be rescued from him that shall so seize the same, the person or persons so rescuing are to be punished by fine and imprisonment. 11. Eliz. cap. 3. in Ireland. 21. If any person or persons shall lay any Hemp or Flax to be watered, or shall lay any limed hides in any fresh river; Hemp and Flax, etc. the party offending by the Stat. of 11. Eliz. cap. 5. in Ireland, is to forfeit the Hemp, Flax and Hides, or the triple value of the same. 22. If any person or persons shall stop or straighten any highways, Nusans'. this is an offence punishable at the common Law by fine and imprisonment at the discretion of the Court. 23. So likewise the stopping or diverting of any watercourse, whereby any common way or passage is annoyed, this is an offence at the Common Law, and punishable in manner following, viz. by fine and imprisonment at the discretion of the Court, and by abatement of the nusans. 24. In like manner the casting of dung or any other thing into any common street or highway which doth in any sort annoy the passage, is an offence at the Common Law, and punishable by fine and imprisonment, and removing of the nusans, as in the next precedent Section is set forth. 25. By a statute made in 33. H. 8. cap. 2. in Ireland, it is enacted, Buying out of market. that no person or persons shall buy any Hides, Fels, chequers, Flegs, Yarn, Linen-cloth, wool or flocks, to sell again in any other place but in markets or fairs; the offendor by the said statute is to be punished as a Forestaller. 26. If Ordinaries upon the admission of incumbents shall not give an oath to such incumbents to keep a school in their parishes; Schools. every such ordinary for every such neglect is to forfeit 3.l. 6. s. 8.d. 28. H. 8. cap. 15. in Ireland. 27. So likewise such incumbents as shall not keep a School in their parishes for the teaching of English by the said statute of the 28. H. 8. cap. 15. in Ireland, is to forfeit for the first offence 6. s. 8.d. for the second offence 20. s. and for the third offence to lose their benefices. Sheriffs. 28. If any Sheriff shall let his bailiwickes to farm, by the statute of 23. H. 6. cap. 10. he is to forfeit 40.l. 29. If any Sheriff shall refuse to let men to bail, which by the Law are bailable, he is to forfeit 40.l. to the King, and triple damage to the party. 23. H. 6. cap. 10. 30. Sheriffs that shall levy any fines or amercements by reason of any indictment or presentment in their Turn Courts, without process from the justices of peace, or that have not brought in such indictments or presentments to the next general Sessions of the peace, are to forfeit 40.l. 1. Edw. 4. cap. 2. Undersheriffs, etc. to be sworn. 31. Undersheriffes, bailiffs of Liberties, and others that take upon on them to return panels, or tales, or meddle with the execution of process, before they take the oath for the true execution of their offices according to the statute of 10. Car. in Ireland, are to be fined in 40.l. to the King, and pay triple damage to the party grieved. 10. Car. cap. 18. 32. If undersheriff●s, bailiffs, and others shall do any thing contrary to their oaths mentioned in the next precedent Section, they are by the said Statute of 10. Car. to forfeit 40.l. to the King, and triple damage to the party grieved. Purveyors. 33. Purveyors that take any thing by way of purveyance to the value of forty shillings or under without making present payment, are to forfeit the value of the thing so taken, and lose their offices. 2. H. 4. cap. 14. 34. Artificers, Labourers, and other Laymen that have not lands worth 40. s. per annum, or Priests that have not 10.l. per annum, that shall keep any greyhound Keeping of greyhounds. or any dog to hunt, or use any Ferrets, nets, or other engines to kill Dear, Hares or Coneys, are to suffer a years imprisonment, 13. Rich. 2. cap. 13. Constables. 35. Constables that have not given assistance to the owners of goods, to resist Purveyors that take goods under the value of 40. s. without making present payment, and any of the King's officers that have procured any to be arrested or vexed for such resistance, such officer is to be fined in 20.l. and the Constable in the value of the thing taken, and double damage to the party, 20. H. 6. cap. 8. 36. All such persons as have raised Hue and Cry Raising Hue and Cry. without cause, they are to be punished by fine and imprisonment. Escape by negligence. 37. If any person arrested or imprisoned for treason of felony have by negligence been suffered to escape, the Gaoler or such other persons as had the custody of him shall be punished by fine and imprisonment. Giving of liveries. 38. Giving of Liveries unto such as are not household servants is to be punished by imprisonment, fine and ransom, the retainer to lose 5.l. and the party re●ained likewise to lose 5.l. for each month, 1. Ric. 2. cap 4. 20. Rich. 2. cap. 1. & 2. 1. H. 4. cap. 7. 7. H. 4. ca 14. Buying of Corne. 39 If any person, having store of Corn of his own, do buy Corn in the market, he shallbe punished as a regrator, which punishment is by fine and imprisonment. 8. Edw. 4. cap. 2. in Ireland. 40. Butchers, Fishmongers, Butchers and Fishmongers. Inneholders, and other sellers of victuals are to sell the same at reasonable rates and prices, and for moderate gain, and such as shall do otherwise shall forfeit double the value of that they shall receive. 23. Edw. 3. cap. 6. 41. Tylemakers Tylemakers. that have not digged and cast up earth for making of Tyle till after the first of November, and have not turned it until after the first of February are to lose double the value, and the Tiles so made. 17. Edw. 4. ca 4. 42. Tylemakers that make, or any person that putteth to sale any plain Tile under ten inches and an half in length, six inches and a quarter in breadth, and half an inch and half a quarter in thickness, with convenient deepness; or any gutter Tyle under ten inches and an half in length with convenient thickness, breadth, and depth, the offendor to be punished in manner following (viz.) for every hundred of plain Tile to forfeit 5. s. for every hundred of roof Tyle 6. s. 8.d. and for every hundred of gutter. Tile 2. s. 17 Ed. 4. cap. 4. 43. If any searchers appointed for the true making of Tyle have not done their endeavour in that behalf they are to forfeit for every default x.s. 17. Edw. 4. cap. 4. 44. If any person shall disturb the execution of the stat. against Rogues Rogues. and sturdy beggars the offendor therein is to forfeit 5.l. star. 33. H. 8. cap. 15. in Ireland. 45. Sheriffs that do not appoint four Deputies at the least to make Replevins, not twelve miles distant one from an other, are to forfeit 5.l. 10. Caroli cap. 25. in Ireland. 46. Gaolers Gaolors. taking Fees of servants, artificers, or Labourers, that refuse to serve, shall forfeit x.l. to the King and u.l. to the party grieved. 34. Edw. 3. cap. 9 47. Libelers Libelers. and raisors of schandals upon magistrates and ministers of justice are to be punished aswell by the common Law, as by the statute of Winchester cap. 33. and by the statutes of 2. Rich. 2. cap. 5. and 12. R. 2. cap. 11. by fine and imprisonment at the discretion of the Court and to be bound to the good behaviour. 48. Finally, all manner of offences whatsoever which tend to the disturbance of the public peace, or to the oppression or defrauding of the people, or to the maintenance and upholding of any disorder in the common wealth, or that may any ways trench upon the settled government of the Church or common wealth are inquirable in the Sessions of the peace, and are aswell by the Commission of the peace as by the rule of the common Law to be punished by fine, imprisonment, bonds of the good behaviour, or otherwise at the discretion of the Court, as the cause shall require. Of the indictments and presentments given by the jurors, and of the matter and form, and receiving and rejecting of them. CHAP. 8. 1. THe preparation to this Enquiry thus made, let us go near and look also into the performance of the same, Lamb. li. 4. pag. 485. the understanding or knowledge which the justices of the peace do take by the travel of these enquirors, is by their report put in writing and commonly called an indictment, or presentment between the two, which words (howsoever they be confounded, or not rightly distinguished, in common speech) me thinketh that there doth easily appear a true and certain difference. Presenment & indictment. Ibid. 2. For I take a presentment to be a mere denunciation of the jurors themselves or of some other officer (as you shall hereafter hear) without any Information, and an endictment to be the verdict of the jurors grounded upon the accusation of a third person, so that a presentment is but a declaration of the jurors (or officers) without any bill offered before, and an endictment is their finding of a bill of accusation to be true. Endictment. 3. An indictment ought therefore to be the verdict of jurors that be charged to inquire of that offence which is presented by them, for if A. be indicted of stealing the goods of B. and pleadeth thereto not guilty, Lamb. li. 4. pag. 486. and the jury findeth that C. stole his goods, and that A. took them from him, but not feloniously, this verdict shall not stand for an indictment against C. because that jury had no charge to inquire generally who did the felony, but to try specially whether A. were hereof guilty or no. 13. Ed. 4. 3. 4. But if A. be arraigned upon an Indictment of murder taken before the Coroner, Ibid. and is not found guilty; Now the jury ought to find who is guilty thereof, and if they say that C. killed the man, that verdict shall serve for a good endictment against C. because the jury had taken so much in charge, ibidem. 5. This also is generally true, that all bills, informations, and indictments grounded upon penal statutes (wherein the King only is to reap the forfeiture) ought to be commenced within three year's next after the offence committed, and if the suit be given to any other person for him and the King, that ought also to commence for the King within three years, but if a common person shall inform for himself and the King, than the Information, etc. must be commenced within one year next after the offence done, otherwise it is merely void, unless longer or shorter time be limited by that special statute upon which the Information, indictment, or presentment is made and framed. 28. H. 8. cap. 21. in Ireland. Lamb. li. 4. pag. 487. & 488. 6. Furthermore all indictments, forasmuch as they be in the nature of a declaration, aught to contain certainty, and therefore (as saith Master Marrow) five principal things be most commonly requisite in presentments before the justices of peace, viz. 1. First 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. 6. The name and surname The name and surname. 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, for if the indictment be quod A. mandavit evidam ignoto occidere B. quod fecit, this is vicious, Ibid. but in Treason, Trespass, or Murder, where all be principals, it may be quod procuravit personas ignotas to do the Treason, Trespass, or Mayheime. Mar. & Lambart li. 4. pag. 488. 7. Besides the name and surname of the party indicted, there ought also (by the statute 1. H. 5. ca 5.) in every presentment wherein process of utlary lieth, to be added his estate, degree, or mystery, Lamb. li. 4. pag. 488. and the County, Town, Hamlet, or place, where he is, or was conversant, and even so ought it to have been at the common Law, touching names of dignity made by creation, as Duke, marquis, Earl, Viscount, Archbishop, Bishop, Knight, or Sergeant at the Law, because every of these titles were accounted parcel of the name, but it was not so, for the names of Baron, Banneret and Esquire which are names of dignity without creation, nor for Chancellor, Treasurer, Chamberlain, Sheriff, Coroner, Escheator, Bailiff, Deane, Archdeacon, Deacon, prebendary, or parson, which are names of dignity by reason of office only, unless the presentment did charge them in respect of their offices, for then the name of office also as Bailiff or Escheator ought to be used in the indictment. Marrow. 8. But now Baron, Knight, Esquire, Gentleman, Alderman, Degree or mystery. Widow, Single woman, Deane, Archdeacon, Parson, Doctor, Clerk, Parish Clerk, are good additions of estate or degree (as I take it) within the meaning of this statute of additions, but farmer, servant, Lamb. li. 4. pag. 489. Butler, Chamberlain are not, because they be common to Gentlemen, and Yeomen, and they be uncertain, so Merchant, Grocer, Mercer, Tayler, Broker, Husbandman, Hostler, Labourer, Lighterman, Waterman, Spinner, etc. be good additions of mysteries, but Citizen is not, because it is no mystery, Art, or degree, neither is Extortioner, Maintainer, Vagabond, Heretic, Dicer, Carder, or such like, any good addition, because they are every one evil and against the Law. 9 And this part of the addition of estate, degree, or mystery must always be knit to the proper person for Sibylla Batt nuper de T. in Com. D. uxor johannis Batt nuper Spinster was rejected, Dyer fo. 47. because Spinster was more properly to be referred to john (which is the last antecedent) then to Sibylla Collect. Dyer 47. 10. Also by the said statute (as I said) the addition ought to comprehend the County, and the Town and Hamlet, or place known (out of any Town or Hamlet) whereof the party is or was, so that if there be divers Hamlets in one Town, he may be named of a place known, and if the place be within a Town, than he must be named of the Town. 35. H. 6. 30. and if both the Town and the Parish do bear one name, he may be named of the one, or of the other of them, but if there be two Towns in one Parish than he ought to be named of the Town, and not of the Parish. 5. Ed. 4. 129. 22. Ed. 4. 2. and 22. H. 6. 41. Lamb. li. 4. pag. 490. 11. An indictment against A. the Parson of Dale is not good without naming of the place of his abode, because he may lie at another place then where his benefice lieth. 25. Eliz. Cur. Rep. Crompton. 12. As for the Alias dictus Alias dictus. which is often put in the addition, the use thereof is chiefly in writs grounded upon specialties, and to make the writ and writing to agree, for (as touching endictments) if the party be not well named, both for his name of baptism, surname, mystery, or degree and place, at the first, then cannot the alias dictus make that good, which was not good before. 13. And it appeareth (1. Ed. 4. 2. and 2. Ed. 4. 16.) that the addition of the degree or mystery must always be such as the party hath at the very time of the indictment, but the addition of the place may be of such place where he was at any time before dwelling, so as the word nupèr be used with it. 14. Furthermore the indictment must contain the day, year and place, The year, day and place. in which the offence was committed. 8. Ed. 4. 8. 2. H. 7. 7. and 25. Ed. 3. 43. and therefore if the indictment suppose it the X. day of March without any more that is not good, but if it be the X. of March last passed without showing in what year, that is good enough, for the certainty may be found out by the style of the Sessions, so if it be the tenth day from Easter anno 4. Caroli that is good, likewise if it be in the Vtas of the holy Trinity, for it shallbe there understood to be the very day of the Vtas, viz. the 8. day after the Feast and not quarto die after the Vtas, but if it be in festo sancti Petri it is not good, because there be divers Feasts of Saint Peter and none without addition, saith 3. H. 7. Fitz. Indictments 22. Lamb. li. 4. pag 491. 15. If the indictment be, that A. struck B. 19 die Maij anno regis nunc quarto, whereof B. languished until the xx. day of the same month quo quidem 19 die, he died of the same stroke, this is faulty, because it ought to be whereof he died the said xx. day, etc. Lamb. li. 4. pag. 491. 16. If it be 29. die Februarij it is good enough in the bissextill (or Leap year) which happeneth once in every four years, and which affordeth 29. days to that month, but if it should be of a day and year which is not yet come it is not good. 17. If it be Anno Domini 1599 the year shallbe accounted after the computation of the Church of England and not stilo novo, as it is now at Rome, and other Countries abroad. 18. If the offence be done in the night before midnight, Lamb. li. 4. pag 492. the indictment shall suppose it to be done in the day before, and if it happen after midnight, than it must say it must be done that day after, if it be in festo of any Saint, it shallbe construed to be in the very day of the Feast and not in the Eve, but if the presentment be in the negative or in the affirmative rising upon a negative, as that A. hath not scoured such a Sewer, or that by the not scouring thereof such meadows be drowned, in these cases there needeth no year, nor day because it affirmeth a present evil. Mar. 19 But as a man may be too negligent in omitting, or in not hitting the time, so also may he be over curious in doubling it without cause, for if he frame the indictment, that A. stole certain goods such a day, and such another day, that is not good; because one felony cannot be twice committed. 2. H. 7. 7. 20. But not only this certainty of time, but that of the place Place. must be contained in the indictment, for it was adjudged (25. E. 3. 43) that a man should not be put to answer to an indictment of killing the King's Deer, because there was no place named, in which the offence was done, so an indictment supposing a felony to be done in such a place of such a County, where in truth there is no such place in that County, is merely void by the statutes 9 H. 5. c. 1, and 18. H. 6. ca 12. 21. If a man being stricken in Midlesex had died thereof in Essex, the Books. 3. H. 7. 12. 4. H. 7. 18. 6. H. 7. 10. 7. H. 7. 8. 10. H. 7. 28. and 11. H. 4. etc. did not agree, in which of these Counties he should be indicted, but the statute of 10. Car. ca 19 taketh order, that if the stroke or poisoning happened to be in one County, and the death in another County, the indictment in the County where the death is, shallbe good, and likewise, that if a Murder, or Felony be done in one County, and a man becometh accessary to it in another County, the indictment against the Accessary shallbe good in that County, wherein he becometh accessary. 22. Where (by the way) you may see in plain words of this statute, that justices of the peace may take indictments of murder, as of murder, though Master Fitz. fol. 17. denyeth it, saying, that they cannot inquire of murder, saving only as of felony or manslaughter, but by the statute of 10. H. 7. ca 21. in Ireland murder of malice prepenced is made high Treason, and justices of peace by their Commission in Ireland may inquire of it as Treason, but they may not proceed any further in it. 23. And you shall read of an indictment of murder (before them) recorded in 3. H. 7. 5. agreeable whereunto was the opinion of Hales and Portman justices, as appeareth in a Report of Dallison justice, and of the same mind also were the justices of the King's Bench. Lamb. li. 4. pag. 493. 5. Ed. 6. Collections, Dyer fol. 69. 24. If a man be rob by the highway in Midlesex and apprehend the Thief by Hue and Cry in Essex, having the goods about him, now may the Thief be indicted of felony in Essex, but not of robbery by the high way, for he is a fellow of those goods whersoever he be found with them, but he is no Robber by the high way, save only in that County where the Robbery was committed, & debet, (saith Master Bract.) quisque jure subjacere ubi deliquit. 25. The certainty of the name of the person to whom the offence is done, is also in most cases requisite, but yet if the indictment be, quod bona & catalla cujusdam hominis ignoti felonice cepit, & quendam ignotum felonice depredavit, it is good, because of the King's advantage of forfeiture thereby, Fitz. endictment 12. and by the opinion of Read and Fineux 12. H. 7. (reported by Dyer 285.) an endictment of affray and assault, in quendam ignotum, is good enough, because the party is at no mischief thereby, seeing that if he should be afterward indicted of that offence by the very name of the person supposed in the first indictment to be unknown, yet might he help it by taking averment that it was the same and none other offence. 26. You may see an Endictment (Fitz. endictment 9) quod Averberavit, D. & xx. jaccos pretij, etc. was thought sufficient, without showing to whom the jacks did belong: Whereat Master Stamford (fol. 95.) marvelleth, saying, that he saw no cause why it should be good unless it were for that the matter could not be made more certain; But peradventure certainty in Endictments was not in those days thought so needful as now it is holden, for at this day such an endictment will be void. 27. If the goods of a Parson of a Church be taken, the indictment must be bona Rectoris and not Ecclesiae, and if the goods of the Church, then Parochianorum, in custodia gardianorum, and not bona Ecclesiae. 37. H. 6. 30. If they be the goods of a Mayor and Commonalty, and the Mayor dyeth before the Endictment, than it shallbe bona communitatis, saith Mar. but inquire of that, because they have no such name of Corporation. 28. If the Endictment be, quod A. verberavit B. & unum equum precij xx. s. felonice cepit, and doth not say, ipsius B. yet it is good enough, 30. H. 6. Fitz. Endict. 9 but at this day such endictment is void, or if it be quod unum equum predict. I. cepit, and there were no mention of I. before, than it is likewise void. 9 Ed. 4. 1. 29. If the goods of a man be taken and he maketh Executors and dyeth, the Endictment shall be bona testatoris: but if they were taken after his death, it shall be bona testatoris in custodia executorum existentia: If the Endictment be quod A. furatus est tunicam hominis ignoti quem invenit mortuum, that is not good. 11. R. 2. Fitz. Endictment 15. If a man take away a coat, armour, which hangeth over a Tomb in a Church, the Endictment shall say, bona executoris, of him whose Tomb it is: But if a grave stone be taken away the Endictment shall be bona Ecclesiae, Mar. If my goods be taken by a Trespassor, and another taketh them from him the Endictment shall be bona of him which had the last possession. 30. But if I bail goods to one from whom they be rob, than it shall be bona of me in his keeping, Marr. If an endictment be bona capellae in custodia, etc. or bona domus, or Ecclesiae tempore vacationis, it is good. 7. Ed. 4. 14. 31. The name (and value) of the thing The name and the value of the thing. in which the offence is committed, ought also to be comprised in the Endictment, for an Endictment of the taking bona & Catalla, whether it be in Trespass or Felony, is not good, for the uncertainty what goods they be, Lamb. li. 4. pag. 496. and if it be of dead things, it may be bona & catalla, expressing the names thereof in certainty, but if it be of things living, it shall not say, bona & catalla but equum, bovem, ovem, etc. 32. Again, the value (or price) of the thing is commonly to be declared in felony, to make it appear from petite Larceny and in Trespass, to aggravate the fault and fyne: But yet an Endictment of the taking of beasts ferae naturae as Deer, Hares, Patridges, or Pheasants, is not good, unless they be taken in a Park or Warren, that be liberties. 8. Ed. 4. 5. So of Charters, because their value cannot be esteemed. 33. In all cases (saith Master Marr.) where the number ought to be expressed in the Endictment, there also it must be said, pretij, Pretij, and not ad valentiam, etc. or ad valentiam: as if it be of the taking of Doves in a Dove house, Lamb. li. 4. pag. 497. or young hawks in a wood, and where it is of a living thing or things, it must be pretij: and so of a dead thing in the singular number, but if it be of dead things in the plural number, then must it be ad valentiam, and not precij, again, if it be of a dead thing that goeth by weight or measure, the form is to say pretij and not ad valentiam. 34. If the Endictment be of taking away Coin, which is not currant, it shall say, pretij: otherwise it is of money currant, Lamb. li. 4. pag. 497. because that carrieth his value and price with it; If it be quod proditoriè fecit grossos, vel denarios, it shall be ad valentiam, and it shall not say, 20. libras in denarijs, or in pecunia Domini Regis, but ad instar pecuniae Domini Regis, Marr. 35. Sundry other dainty and nice differences doth Master Marr. make, where a man shall say pretij and where ad valentiam, binding the Endictment to that rule which the Register taketh for the Original writs of Trespass: but forasmuch as Nele 9 Ed. 4. 26. saith, that Endictments be not tied to that form, and because that rule of the Register is not very constantly observed in Trespass itself, as a thing not material, in the opinion of Fitzh. in his Nat. Br. fol. 88 I thought it best to make choice of these (that I have) for public use, and to leave the rest for private learning. The manner of the fact and nature of the offence. 36. To the further certainty of the Endictment, the very manner of the fact itself, and the nature of the offence, aught to be mentioned also: for if the Endictment be, quod A. captum profelonia, felonicè & voluntariè ad largumire permisit, this lacketh the certainty for what felony he was taken, and is thereby void. 8. Ed. 4. 3. And so if the Endictment be, quod felonicè fregit prisonam apud A. and do not show for what felony he was imprisoned there; So if it be that a man made a hundred shillings of Alchemy ad instar pecuniae Domini Regis, and do not show like to what money, as groats, or shillings, etc. it is void, Fitzh. Endict. 10. And therefore, in murder, or manslaughter, it doth well to express the stroke whereof the death ensued, Collection, Dyer 96. 37. If the Endictment be, that A. spoke such words against the King, Lamb. li. 4. pag. 498. and lay them down in certain, vel his similia, it is void for the incertainety, Brook action sur le case 112. And if it be, that A. and B. manuforti intraverunt in tenementum, etc. that also is insufficient for the like incertainety: because the word tenementum may aswell extend to a house or cottage, as to land, meadow, pasture, etc. Dallison. 38. So if the Endictment run thus: Apud C. in Comitat. predict. insultum fecit, & ipsum cum quodam cultello pretij, etc. felonicè percussit, & ex malitia sua praecogitata murdravit: it is not sufficient, without showing the place where he murdered him, which may be in some other place then where he assaulted him, Collect. Dyer 69. And an Endictment of selling tanned leather, was disliked. 1. Ric. 3. 1. because it neither contained the place where, nor the person to whom the leather was sold, both which be material and traversable. 39 If the Endictment be, that a man is a common Thief, without showing especially in what thing, it is nothing worth. 22. lib. Ass. Pl. 75. & 29. 45. And so if it be of a general extortion against an Ordinary, without showing in what, by 25. Ed. 3. Stat. 3. ca 9 And so also if the Endictment stand upon these Terms only, Insidiatores viarum, & depopulatores agrorum, by 4. Hen. 4. cap. 2. And thereupon the Court said in 17. Ed. 4. 4. that upon such an Endictment, the party shall be dismissed. Howbeit the Commission of the peace hath the words, Insidijs jacuerint, but it goeth further, ad gentem nostram mayhemandam. 40. Neither is it good in an Endictment against an Accessary to say, that he received the goods without saying that he received the fellow. 27. lib. Ass. Pl. 69. 9 H. 4. 1. & 25. Ed. 3. 39 nor to say, that he scienter felonem Domini Regis apud A. recepit, without showing what felony he committed. 7. H. 6. 65. nor without saying that he, (knowing it) received him feloniously. 7. H. 6. ca 2. unless he receive one that is attainted of felony in the same County, for than he must at his peril take knowledge of the attainder, and so no such mention of knowledge needeth to be used as it is holden. 8. Ed. 4. 3. notwithstanding that opinion I think that it is necessary that the accessary re verae have notice of the felony. 41. And if such an Edictment be, Sciens ipsos 4. homines feloniam, etc. fecisse, apud D. felonicè recepit, it is not good for that it showeth not which of them he received. 30. H. 6. 2. and yet, if four be indicted jointly, then are they also each one severally indicted thereby. 6. Ed. 4. 5. per Markham. 42. Concerning the nature of the offence, Nature of the offence. it is to be observed that in an indictment of Treason (presentable before the justices of peace) the word proditoriè ought to be used: In the Endictment of Murder, murdravit is necessary. 9 Ed. 4. 26. and that word alone implieth, ex malitia praecogitata, Collection Dyer 69. But if without murdravit, it be, quod A. occidit B. ex malitia praecogitata & voluntariè, it is not enough, because one man may kill another, so in a wager of battle, and yet be no murderer. And for the same reason, if it be of Manslaughter, it must be felonicè. 43. An Endictment was that the son had taken the sick Father, and carried him into the cold weather, whereof he died, but it was disallowed because it lacked felonicè, Fitz. Endict. 3. Again, if the Endictment be of Burglary, than it must be Burglariter, or ea intentione ad feloniam sive murdrum faciendum, for it is not enough to say, felonicè fregit domum mansionalem in nocte: And if it be of Rape, than it must say, felonicè rapuit, for (without rapuit) it sufficeth not to say, felonicè cepit Aliciam & eam carnaliter cognovit. 9 Ed. 4. 27. & 11. H. 4. 12. 44. If it be furatus est, it seemeth to Marr. to be good, without the word felonicè, but 18. Ed. 4. fo. 10. is against him. 45. If it be felonicè abduxit unum equum, it is not of value without saying, cepit: neither is cepit good alone, without abduxit, Fitz. End. 4. And if it be felonicè succidit arbores & illas asportavit, or vi et armis succidit arbores et felonicè asportavit, neither of them will make it felony, because the Trees be a part of the Freehold, whereof no felony can be committed. 12. lib. Ass. pl. 32. But if it be vi et armis succidit arbores et eas felonicè (at another day after) cepit et asportavit, that will make it felony, as I have said already, and if the Endictment be of petit Larcenny it ought to have felonicè in it. 27. H. 8. 27. 46. And albeit the Endictment be but of a Maiheme, it must say, felonicè maihemavit, and yet Maihem is no felony but an heinous and (as it were) a felonious Trespass. But where in an Endictment of felony, the word felonicè wanteth, there the Endictment may nevertheless stand good to make a Trespass. 7. H. 7. 7. 6. H. 7. 4. & 18. Ed. 4. 10. 47. And in an Endictment of Trespass or felony, the words contra pacem, and the words, vi et armis (viz.) cum baculis, cultellis, Stamf. fo. 98. etc. must of necessity be used, for the statute of 37. H. 8. ca 8. in England which maketh the Endictment good, without those words is not of force in Ireland. 48. If the Endictment be of forceible Entry, than the words vi & armis be needless, because they are necessarily employed in the word force Marr. And if the Endictment be founded upon a statute, it ought to say, contra formam statuti, in hujusmodi casu provisi, ac editi: or where many statutes do concern one offence, as in the case of Liveries and such like, contra formam diver sorum statutorum without special naming of any, and then the best shall be taken for the King, but an Endictment of a Riot, without saying, contra formam statuti, etc. is not good, Lamb. li. 4. pag. 502. because it is no Riot, but by that statute. And yet, it is not of necessity, that the statute be verbally rehearsed, but only that the offence against the statute be sufficiently and with full words described, Comment. 1. & 79. 49. In the twentieth year of Queen Elizabeth a man was indicted upon the statutes. 1. El. cap. 1. & 13. El. cap. 2. in England, for aiding another knowing him to be a principal maintainer of the authority of the See of Rome contra formam statutorum praedictorum: but because the Endictment wanted certain material words (expressly mentioned in the Acts) viz. upon purpose, and to the intent to set forth and extol the authority, etc. the endictment was thought insufficient by the greater part of the justices (assembled for that purpose) notwithstanding the words, contra formam statutorum praedictorum, were therein contained, Collection Dyer 363. 50. Again, it is not safe to recite the days or places, of the beginnings, continuances, prerogations, or dissolutions of the Parliaments, lest by (mistaking of any of them) the whole Endictment fall to the ground thereby, Ibid. 203. 51. Thus fare of these points by way of short rule and direction, for the better imitation and practice whereof, you may use the help of such forms of Endictments as the Appendix at the end of this work will afford you. Now let us with a few words consider what Endictments be receiveable by the justices of peace, and what ought to be rejected by them. Endictments to be received or rejected. 52. Generally they may receive Endictments before themselves of all causes being either within their Commission, or within the statutes whereof they have to inquire. And they may also receive Endictments taken before the Sheriff in his Turn, so that the Turn be holden within the month after Easter, or within the month after Michaelmas, and so that those Endictments or presentments be indented and sealed between the Sheriff and the jurors, and so that they be made by the oath of xii. men at the least, and that those jurors be of good fame and legales homines, that may dispend yearly xx. s. of freehold, or xxuj. s.viij.d. of copyhold, W. 2. c. 14. 1. Ed. 3. ca 17. 31. Ed. 3. ca 14. 1. Ed. 4. ca 2. & 1. R. 3. ca 4. And for this purpose the said statute. 1. Ed. 4. ca 2. binds the Sheriff to certify to the Iust. of Peace at their next Sessions, the Endictments found in his Turn or Law day. The duty of justices about Endictments. 53. Thus much for the better assistance of our justices of the peace, I thought meet to say of Endictments not only because they be the chief bases, and groundwork, whereupon the whole trial is afterward to be built and framed, but also because the justices (being judges of the Court) ought of office to see that the bills of Endictment have sufficient matter and form in them. 24. Ed. 3. 74. Of the impediments of proceeding upon Endictments before the justices of peace, and therewithal of the Certiorari to remove Records. CHAP. 9 1. IT falleth out not seldom, that when justices of the peace have taken an Endictment found before them, they cannot proceed to hearing and determining upon it, either because their Commission or some statute whereupon it is grounded giveth unto them no further power, but only to inquire thereof: or else because the Endictment is taken out of their hands by Certiorari, and conveyed to justices of a higher authority, at the solicitation, and by the means of some parties grieved, to the end that they may either traverse it above, or there avoid it for insufficiency of form or matter. 2. Albeit that in the removing of Pleas, between party and party, from inferior to higher Courts, by Tolt, Pond, recordare, etc. there was wont to be a probable cause alleged, for which the same were removed: yet in this case of the Crown there needs no cause to be comprised in the writ of Certiorari, because they all be the Courts of the King, against whom the offence is committed, and it breedeth neither injury to the offendor, nor loss to any other person, in what Court soever the offence be tried. 3. This Certiorari then, may command either the Record itself, or tenorem Recordi to be sent up, and it ought to be obeyed accordingly, for upon fail thereof, first an Alias, than a Pluries, (vel causam nobis significes.) And lastly an Attachment shall go out against them that should send it, as Master Fitz. noteth in his Nat. Br. fol. 245. but they use at this day to impose a fine upon Affidavit made of the delivery of the writ and refusal to certify. 4. And albeit the Certiorari be a Supersedeas of itself, yet may the party upon the Certiorari purchased have a Supersedeas also, directed to the Sheriff, commanding him that he arrest him not upon that Record before the justices of peace. Fitzh. ibid. fol. 237. 5. This writ of Certiorari is usually directed to the justices of peace, Lamb. li. 4. pag. 515. and yet (as you have heard) the Custos Rotulorum only hath the keeping of these Records, but the ancient Commissions of the peace had no Custos Rotulorum specially named in them, and then this certifying belonged to them all, but now it belongeth to the Custos Rotulorum. 6. Now, if a Certiorari come to the justices of peace to remove an Endictment, and the party sueth not to have it removed, but suffereth it to lie still, than the justices of peace may proceed, notwithstanding the writ, as Hubbert the King's Attorney said in 6. H. 7. 16. For otherwise the trial of a Felon (if the Endictment were of Felony) might be delayed and deluded also. But yet Keble held opinion against him, and was fearful that in such a case it might prove felony to make execution of the fellow after such writ received: and (to say the truth) the justices ought of office to send it away, because the writ containeth in itself a commandment to them so to do. 7. And if a Certiorari come to the justices of peace to remove an Endictment, and in truth the Endictment was not taken till after the date of that Certiorari: yet if the Endictment be removed thereby, it is good enough, for that they both be the King's Courts, 1. R. 3. 4. and in such case it is now usual to remove it. 8. In the making of a Certificate The manner of the certificate. upon this Certiorari, the justices of the peace ought neither to omit that which doth authorise them, nor to exceed that authority which belongeth unto them: For on the one side, if they certify an Endictment of Felony, or of a Riot (as taken coram justiciarijs ad pacem) it was not thought enough, without saying further, Nec non ad diversa felonias, etc. and otherwise it was doubtful whether the Endictee shall be quite dismissed or no, because the justices of the peace had then no Record at all remaining with them (for the Clerk of the peace maketh his Entry accordingly) and that Record which they sent up is insufficient. And therefore the Clerk of the Crown was forbidden to receive any such Certificate, 12. H. 7. 25. 9 On the other side, if they certify an Endictment of felony not determined, into the King's Bench, they ought not (without warrant) to certify another Record of the acquittal of that Endictee for the same matter: for nothing aught by them to be sent thither without warrant, but that which is executory, and needeth the help of that higher Court. 8. Ed. 4. 18. 10. And if a Certiorari be to send up the Endictment of A. in which Endictment some others be indicted together with the same A. yet need not the justices of the peace to make certificate concerning any but A. 6. Ed. 4. 5. For although they be named jointly, yet be they indicted severally, and the King may pardon A. without forgiving the other, 6. E. 4. 5. Mark. 11. Again if the Endictment be of the stealing of two horses, and the Certiorari speaketh but of one horse: it seemeth that they need not to certify it at all, because of the variance: for it is certain that they of the King's Bench will not arraign the Endictee upon it: but will rather write again to know, whether there be any Indictment that agreeth with the writ, 3. Lib. Ass. pl. 3. Cur. 12. Finally, it is noted (in 8. H. 5. fo. 5.) that Haukeford the chief justice of the King's Bench observed this order, that he which brought thither an Indictment (taken before justices of the Peace) should endorce his name upon the backside of it: which I note, not to teach them of the King's Bench, but to let the justices of peace see, that there is some heed to be taken of him by whom they send up their Endictments. Of the sundry sorts of Process upon Endictments: and of the Supersedeas for stay of them. CHAP. 10. 1. THe Court being thus made privy and possessed of causes must of duty proceed to the handling (or hearing) and trial of them: the which, because it cannot indifferently do, unless it keep one Ear for the offendor, that he also may be heard in his own discharge, as others were heard to lay the charge upon him: the manner is (if he be absent) to award process against him, to come in, and to make his answer. 2. But if he be present in Court, and confess the Indictment, then needeth there no Process at all: Lamb. li. 4. pag. 519. for he shall be committed forthwith to prison, until that he hath made his Fine, or given sureties for it. 1. H. 7. 3. Commonly an Indictment or Information (being but an accusation or declaration against a man) is of none other force, Process wherein it is named. but only to put him to answer unto it. And hereof all Process hath the name, because it proceedeth (or goeth out) upon former matter, either original or judicial. 4. The authority of making Process Authority to make out process. upon indictments is given by express words in the Commission: and in other cases (where it is not namely given) it is employed of congruence (or rather of necessity) in the words (hear and determine) which cannot be performed, unless the party either do come in gratis, or be brought in by the power of Process. 5. This Process ought always to be in the name of the King, Lamb. li. 4. pag. 420. thus, jacobus Dei gratia, etc. vicecomiti Dublin, etc. And therefore also (seeing he is party) it must say non omittas propter aliquam libertatem, quin, etc. Fitz. Prerog. 21. 6. And the Teste thereof may be under the names of some two justices, so that it may be made sitting the Court in the Sessions, Teste of the process. Brooke tit. Peace 6. and 7. 7. But now whereas the Commission giveth to the present justice's authority to make Process upon Indictments, New Commissions of peace do not discontinue the old process. taken aswell before former justices as before themselves: all that doing was wont to be discontinued in law, by the coming out of a new Commission of the Peace, until that the statute 11. H. 6. ca 6. did establish, that no pleas, suits, or process (to be taken before justices of the peace) should be discontinued by a new Commission of the peace to be made: but that they should stand in their strength, and that the justices (assigned in the same new Commission) should have power to continue the same, and to hear and determine all that which dependeth upon them. And of the like effect there is a branch in the later end of the statute of 10. Carol. ca 14. in Ireland. 8. Furthermore, whereas Sheriffs (and their Bailiffs) used to arrest men, Endictments before Sheriffs. and to proceed upon Indictments found in their Turns or law-days: another statute (made 1. Ed. 4. cap. 2.) taketh that power out of their hands, and delivereth it over to the justices of the peace: appointing them to proceed upon them, as if they had been found before themselves. Process of utlary. 9 Now seeing that this Process of the Sessions is sent out to this end, that either the party shall come in, to answer and to be justified by the Law, or else that he shall (for his contumacy) be deprived of the benefit of law, (for so much in effect do the words of the Commission, Quousque capiantur, reddant se, aut utlagentur, import in them.) it followeth that in all cases of Indictments (if the party be returned insufficient) the process of outlawry, lieth against the offendor, if he be not taken before, or do not otherwise offer and yield himself. And then the power of these justices endeth with the outlawry: for they can make no Capias utlagatum, but must certify the outlawry into the King's Bench. 10. A good while after that Commissions of the peace were first awarded, there was not given by them any power to make out any Process of Outlawrie: Lamb. li. 4. pag. 422. for by a Commission of the peace (in 20. E. 3. Parl. 1. Patent. in dorso.) wherein were words authorising the Commissioners to arrest all such as should be indicted before them: but by and by this followeth there, Et ad nomina eorum qui fugerint & coram vobis justiciari noluerint, certificandum in Cancellaria, etc. So that if they might not get them arrested, they could go no further, but to certify their names only. 11. Now the mean to this outlawry is not all one in all cases: The general process upon Endictments of Trespass. for, upon Indictments of Trespasses against the P. or such other contempts the Process is one; and upon Indictments of Treason (or felony) it is another. 12. Upon Indictments of Trespass against the peace, of Conspiracies, and of Routs, in presence of the justices, or in Affray of the people, if the offenders may not be found, nor brought in by Attachment or distress (by reason of their insufficiency) the process of Outlawrie is to be awarded by the statutes, 18. Ed. 3. Stat. 1. & Stat. 2. cap. 5. The like is against such as be indicted upon the statute of Liveries. 8. H. 7. cap. 4. 13. Upon the Indictment a Venire facias is to issue first, and then (if thereupon he be returned sufficient) a Distringas, and upon the same process of Distringas, infinite till he come in: but if a Nihil habet, etc. be at the first returned against him, than a Capias Alias and Pluries, and after an Exigent (as it seemeth by M. Marrow.) and by the old precedents these are the ordinary process upon all Endictments (not sounding in felony, or greater offences) whether they be of Trespass against the peace, or of contempts against penal Laws, unless it be otherwise specially provided by those same statutes whereupon such Endictments be altogether grounded. And of this sort these be. 14. The statutes of Labourers (23. H. 6. ca 13.) gave (after the Endictments grounded thereupon) an attachment, Capias, and Exigent. Fitz. Na. Br. fo. 〈◊〉. b. 15. But if the Endictment be in one County, and the Endictee be named to be (then or nuper) dwelling in any other County, there is a special course of process in that behalf for his benefit, appointed by the stat. 8. H. 6. ca 10. both for Treason, Felony, and Trespass. 16. For (before any Exigent shall be awarded) one Capias must be sent out and returned: Lamb. li. 4. pag. 525. and then a second Capias shall go (into the County where he is supposed in the Endictment to be, or to have been conversant) returneable before the same justices of the peace before whom the Endictment was taken three months at the least after the date thereof (for all Counties be now holden from month to month) by which last writ the Sheriff shall be commanded to take the Endictee, if he may be found within his Bailiwicke, and if not, then to make Proclamation in two Counties (before the return of that writ) that the Endictee shall appear before the said justices of the said County (where the Endictment was taken) at the day contained in the last Capias, to answer to his offence, at which day if he come not, than the Exigent shall be awarded against him and otherwise not. 17. And by the equity of this statute of 8. H. 6. ca 10. Lamb. li. 4. pag. 526. (saith Master Marr.) if the Endictee be imprisoned in another County, the justices of peace may award an habeas corpus to remove him before them. 18. But if it be mentioned in the Endictment that the Endictee is dwelling in another County, Ibid. by the Alias dictus only than it is out of the case of that statute. 8. H. 6. because the Alias dictus is not to be traversed. 1. Ed. 4. 1. 19 But yet you must presuppose, that all this process of outlary may be stayed by a Supersedeas. Supersedeas to stay process▪ And Master Fitz. (in his N.B.f. 137.) hath the case, that if an Exigent go out upon an Endictment of Trespass (found before Iust. of the peace) the party may find sureties in the Chancery (body for body) to appear at the day of the writ, and may then also have a Supersedeas from thence to the Sheriff, commanding him to forbear to take him, and to let him go if he than have already taken him for that cause. And again you may see in the new book of Entries (fol. 546.) the process upon such an Endictment stayed by a Supersedeas issuing from one justice of the peace alone, and testifying that the party came before him, and found surety de fine assidendo. But as I believe the former, so will I not persuade the practice of the latter: because I think it not in the lawful power of any one justice of the peace to award any such warrant, but that it must be done by two justices at the least (the one being of the Quorum also) as the Commission now standeth. 20. I have yet to speak of process upon Endictments of Felonies, Process upon Endictments of Treasons and felonies, etc. wherein I will be short, that I may pass over to other things. 21. It seemeth by Master Marr. that the process at the common Law upon Endictments of felony, was but one Capias, and then the Exigent: For so it was upon an Endictment of death, Lib. Ass. 22. pl. 81. & Stamf. 67. But the old precedents (grounding themselves upon the statute. 25. Ed. 3. ca 14.) do use the mention of two writs of Capias before the Exigent. For that statute provideth that after return of non est inventus, upon the first Capias, another Capias shall be incontinently awarded, where by the Sheriff shall be commanded to seize the Cattles of the Endictee, and safely to keep them till the day of the Capias returned, and if he then also return non est inventus and the Endictee cometh not in, the Exigent shall be awarded, and the cattles shallbe forfeited: but if he come and yield him to be taken, before the return of the second Capias, than the goods and Chattels shall be saved unto him. Process into foreign shires. 22. And here also the Iust. of P. have power to send into a foreign County, for, whereas by the common Law, no man could be attached upon an Endictment, or utlary of felony, but only in the County wherein he was indicted or outlawed, whereby many evil men were much encouraged, the statute. 5. Ed. 3. ca 11. did take order that Iust. (assigned to hear and determine felonies) might direct their writs to any County in England, to take such Endictees whithersoever they were removed. 23. On the other side if the Endictment be found in one County and the Endictee is therein named to be then dwelling in another County: I have told you already (in this chapter) what process belongeth to it, and therefore I will proceed to Process upon informations. 24. The power of proceeding and making process upon Informations Process upon Informations. proceedeth from special statutes, and may not therefore vary from their direction, although they themselves do vary greatly one from another. 25. For upon an Information given for the King before justices of the peace, upon the statute of Liveries Liveries. (made 8. Ed 4. ca 2.) they shall award such process as is made upon an Original writ of Trespass done against the King's peace, because the Information itself is (by force of that statute) in stead of an original writ, and likewise upon all other Informations the process must be as the statutes whereupon they are grounded do direct. Of hearing upon Confession. CHAP. 11. 1. THe party being thus brought in, (or otherwise yielding himself) to answer, justice requireth that he be heard to speak, for himself, and therefore he may (as his case will serve) either confess or deny the offence wherewith he is burdened. 2. And this confession is of two sorts, free, or forced, and that former is of two kinds also, absolute, or after a manner. 3. In the free and open (or absolute) Confession Free Confession. he taketh the fault upon him, and yields himself simply to such pain as the Court will inflict for it. 4. And this free confession is of great force in the Law: for if it be upon an Endictment of Battery, and (after such confession had for the King) the party beaten will also bring his action of Trespass for his own damage, then shall the defendant be concluded by his former confession upon the Endictment, so that he shall not be received to say the contrary. 9 H. 4. 8. & 11. H. 4. 65. 5. But the other (which I call confession after a manner) is only a not denying, in which the party doth cunningly, and (after a sort) take the fault upon him, without plainly confessing himself guilty thereof: as where he putteth himself in gratiam Regis, & petit admitti per finem, without any more, sometime (by protestation that he is not guilty) pleadeth his pardon, and such a confession (if I may so call it) doth not so conclude him, but that he may afterward plead not guilty in any action brought against him. 9 H. 6. 60. Cur. & 11. H. 4. 65. 6. But here it is good to learn, whether the justices be compellable to admit such a confession by a manner, being altogether devised in favour of offenders, and for deceiving of the King, or whether they may drive the party either to an absolute confession (for increase of the Fine) or to his Traverse, that (failing therein) he may be imprisoned, and fined also. 7. The forced confession whereof I spoke, is that which the justices do draw out of the party by the examination of himself, in such cases wherein that examination is permitted. Of hearing by Discretion. CHAP. 12. 1. Whether the offendor shall freely confess the fault, Denial of the offence tried. Lamb. li. 4. pag. 531. or finally yield himself to Grace, or plead his pardon without confessing it, yet then is this matter fully heard, and the Court made ready to determine of it, but if he shall deny the fact, then must some other course of hearing (or trial) be taken for it. 2. And that is in some cases by discretion of the justices: in some other cases by examination of the parties, or witnesses: and in some other cases by certificate of other men, Ibid. but in most cases by Traverse or arraignment, both which last trials are performed by the verdict of xii. men. Lamb. li. 4. pag. 532. 3. For justices of the peace cannot (upon an Endictment of mayhem) make the trial by their own view or inspection, as the justices of the King's Bench may do, saith Marr. Ibid. 4. The trial of offences ought for the most part to proceed either after the general order of the common Law, or upon such special examination (or other proof) as some statutes do give in special cases, and this hearing at liberty and discretion, hath seldom any place. 5. But wheresoever it is permitted, that counsel which Master Bract. li. 1. giveth, is to be hearkened unto: Lamb. li. 4. pag. 533. In judicial hearing (saith he) besides the body of the fact itself, these seven circumstances are to be weighed, namely the cause, the person, the time, the place, the quantity, the quality, and the event. Ibid. 6. And for proof, that hearing by discretion, is yet in some sort suffered, take this for example. Ibid. 7. The justices of peace may hear by their discretion, aswell by examination as otherwise, at the suit of the King or of the party, the offences done against the statute provided for the true making of tile. 17. Ed. 4. ca 4. Ibid. 8. But how fare this discretion, and the word otherwise may be extended, in this and such like cases it cannot well be foretold, for it is referred unto them, and they must take counsel, ex re & ex tempore, for it. Of hearing (or Trial) upon Examination. CHAP. 13. 1. THe obstinacy of evil doers, that would show no conscience in acknowledging of their faults, and the corruption of jurors that would present nothing that lay only in their own knowledges, have begotten and brought into our Law, this trial by examination wherewith it was not before acquainted. 2. And yet, this manner of trial is not loosely permitted to justices of the peace, but in cases only, where either the statutes do generally refer the trial to their discretions, or else do specially authorize them to take the Examinations. 3. The examination than is sometimes of the offenders themselves, sometimes of witnesses that can speak to the matter, and sometimes both of the parties and witnesses: of every of which I will give you an authority, or twain, and leave the rest to your own reading and examination. 4. Upon appearance (after process) against the offenders of the statutes of Liveries, the justices of peace may examine them, and thereupon convince them, so as if they were thereof convict by inquest. 8. H. 6. ca 4. & 8. Ed. 4. ca 2. 5. And because it is often seen, that those which have committed an offence, will also increase their fault by denying the same, therefore some statutes do appoint that the Iust. of the P. shall take the examination of others, Examination of others. besides the offenders themselves. 6. Now whereas also some statutes do enable the justices of peace to hear and determine, by the general word Examination, without showing what persons they shall examine: It seemeth to me that they may thereupon examine, aswell the parties, as other witnesses. 7. Thus fare of examinations, which whether they ought to be taken upon oath or no, where the oath is not namely given you may easily judge by that which I have already said thereof in the first book, and yet (for your further resolution) I say now, that these examinations of witnesses ought always to be taken upon oath, the rather because the trial hereof dependeth upon them. Of hearing (or Trial) by Traverse. CHAP. 14. 1. THe most solemn and ancient trial of the fact against an offendor that will not confess it, is that which we see performed by the verdict of 12. good and lawful men of the Country, and it doth also best content and quiet the guilty man, for that it passeth by his own Countrymen, Neighbours and Peers, according to the ancient liberty of the land, whereunto every Freeborn man thinketh himself inheritable. 2. And thereupon it is named in Mag. Chart. cap. 29. Legale judicium parium suorum, the lawful judgement of a man's own Peers, or Equals, because as the nobility, so also the Commonalty are to be tried, in treason, felony or misprision of treason, not the one by the other, but each by men of their own estate and calling: I mean by the word Nobility, as our own law speaketh (which calleth none Noble under the degree of a Baron) and not as men of foreign Countries do use to speak, with whom every man of gentle birth is accounted noble: For we daily see, that both Gentlemen and Knights do serve in the Parliament as members of the Commonalty. 3. Howbeit in cases of forceible Entry, riot, rout, Lamb. li. 4. f. 539. unlawful assembly, or such like, they of the Nobility shall be tried by xii. men even as other inferior subjects, 3. & 4. P. & M. reported by Dallison. 4. This Trial happeneth before justices of the peace, sometimes upon Traverse, and sometimes upon Arraignment. 4. But yet, some things be common to them both: for, if the party charged, will demur in law upon the Evidence, the justices ought to record his demurrer: so if he will plead (in justification) any matter of Record that is before other justices, they ought to give him day to bring it in, Marr. So also, if the justices (thinking an Endictment to be void) have discharged the prisoner, paying his Fees, yet upon change of their opinion they may stay him again, at any time before judgement. Fitzh. Endict. 27. 5. But if he plead a pardon before them, in which certain persons be excepted, and the King's Attorney is not present to join issue, that he which pleadeth it, is one of those that be excepted, than they themselves may supply the office of the Attorney, in that behalf, 8. E. 4. 7. The King's advantage. 6. Whereupon also I gather this general learning, that they ought not to suffer the King to be disadvantaged, where it lieth lawfully in their power to prevent it. 7. And if an Endictment be challenged, for such cause as these Iust. will not allow, then may they seal a Bill of that exception for the party if he will write and require it according to the statute. W. 2. ca 30. as M. Marr. writeth. 8. The Traverse taken the name of the French de Traverses, which is none other than de transverso in Latin, signifying on the other side: because as the Endictment on the one side chargeth the party, so he on the other side cometh in to discharge himself: For whereas the arraignment proceedeth upon him that is unwillingly brought in by Process, the Traverse is (for the most part) freely tendered by the party himself. 9 To Traverse Traverse. an Indictment than is to take issue upon the chief matter thereof, which is none other to say, then to make contradiction or to deny the point of the Indictment. As in a presentment against A. for a high way overflown with water for default of scouring a ditch, which he and they (whose estate he hath in certain land there) have used to scour or cleanse: A. may traverse either the matter (viz. that there is no highway there) or that the ditch is sufficiently scoured: or otherwise he may traverse the cause, viz. that he hath not that land, etc. or that he and they (whose estate, etc. have not used to scour the ditch. 5. H. 7. 3. 10. And this liberty of Traverse is commonly restrained to an Endictment of Trespasses, contempts, Riots, etc. and other inferior offences within the Commission or statutes, authorising the justices of peace, and is not usually extended to Treasons, or felonies, as you shall hereafter see. 11. And there is no doubt, but that as justices of the peace have power to award Process, the parties also have liberty to speak for themselves: and (having spoken) the justices may hear and determine of their speech, whether it touch them in Freehold or otherwise. 12. For although it be holden (2. R. 3. 11. 19 H. 8. 11. & Fitz. tit. Ass. 442. and in other books) that a man shall not be received to traverse a presentment, unless it do charge him in his Freehold: yet Hussey and Fairefax said (in 5. H. 7. 4.) that a presentment (not concerning freehold) which is found before justices of the peace may be traversed: For if process be awarded, the party may come in, and offer his Traverse, or otherwise the process should be in vain. 13. Hereunto agreeth Mowbray (41. Ed. 3. 26.) saying further, that in a Leet such a presentment is not traversable, because out of a Leet no process can be awarded upon it. And this peradventure is the reason of the book (8. Ed. 4. 5. and of M. Marrow.) where they say, that a presentment of bloodshed found in the Sheriffs Turn, and sent (as it ought to be) to the justices of the peace, cannot be traversed before them; as whereupon they can neither make process, nor discharge the party by way of plea. 14. So that this seemeth to be a general learning that wheresoever any process ad respondendum goeth out by force of such an Indictment as is traversable, there also the party may offer, and aught to have his Traverse against it. 15. But Marr. saith, that if a man be of an Enquest that indicted him of Trespass, or such like (so that upon the matter, he indicted himself) this is so strong, that he shall never be received to traverse it. 16. It is not my meaning to pester this book with Precedents: But yet forasmuch as in the record of one Traverse, there is at once discovered the Style of the Sessions, the Indictment, the process to answer, the Traverse itself, the verdict and judgement thereupon, the process of execution, the yielding of the parties, and the assessment of their Fynes, so that it alone may serve in stead of all: I trust it shall not be troublesome to insert it, and it is as followeth: Alias scilicet ad sessionem pacis, tentam apud Kilmainham in Comitatu praedict. dic Martis proxime ante festum sancti Mathaei Apostoli, Co. Dublin. Style of the Sessions. Anno Regni Domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae & Hiberniae Rex fidei defensor, etc. decimo tertio coram R. B. & S.M. & alijs socijs suis justiciarijs dicti domini regis ad pacem in comitatu praedicto conservandam. Nec non ad diversa felonias, transgressiones, & alia malefacta in eodem Comitatu perpetrata, audiend. & terminand. assignatis, per sacramentum xii. juratorum extitit praesentatum, quod I. L. de etc. R.M. de etc. & T.L. de etc. cum diversis alijs ignotis malefactoribus & pacis dicti Domini regis perturbatoribus, modo guerino arraiati, uniti & assemblati, xx. die julij in nocte ejusdem diei, anno, etc. vi & armis (videlicet) baculis, gladijs, clipeis, pugionibus, falcastris & alijs armis, tam invasivis, quam defensivis, apud C. etc. clausum cujusdam W. Willet, (vocatum B.) illicitè, riotosè & routosè fregerunt, & intraverunt, & octo palustra foeni, ad valentiam, etc. adtunc & ibidem existentia, de bonis & catallis dicti. W. Willet, adtunc & ibidem injustè et illicitè ceperunt et asportaverunt, contra pacem dicti Domini Regis, etc. & contra formam statuti inde edit. & provis. Process to answer. Per quod praeceptum fuit vicecomiti, quod non omitteret, etc. quin venire faceret eos ad respondendum, etc. posteaque, sci. praed. die Martis proxime antefestum S. Mathaei Apostoli, anno 20. supradicto coram praefat. justice. venerunt praedicti I.L. R.M. & T.L. in proprijs personis suis et habito auditu indictamenti praedicti seperatim dicunt, quod ipsi non sunt inde culpabiles. Traverse. Et de hoc ponunt se super patriam: Et Adam Martin qui pro Domino Rege in hac parte sequitur similiter, etc. Ideo veniat inde jurata coram justic. dicti dom. Regis ad pacem in Comitatu praedicto conservandm assignatis, Iury. etc. ad sessionem pacis apud K. etc. die Martis proxime post Epiphaniam domini tunc proxime futuro tenendam. Et qui, etc. ad recog. etc. Quia tam, Day given. etc. Idem dies datus est tam praef. Adam Martin, qui sequitur, etc. quàm praef. I.L. R.M. & T.L. etc. Ad quas quidem sessiones pacis tentas apud K. praed. in comitatu praed. die, etc. Coram Dom. R.B. S.M. et G.L. Milit. et socijs suis justiciarijs dicti Domini Regis ad pacem in comitatu praed. conservandam, Nec non ad diversa felonias, transgressiones, et alia malefacta in eodem comitatu perpetrata, audienda et terminanda assignatis, venerunt tam praefatus A. M. qui sequitur, etc. quam praefati ●. L. R.M. & T.L. in proprijs personis suis, Et juratores praed. per vicecomitem Comitatus praed. ad hoc impanellati, & exacti (viz.) I. F. gen. I. G. etc. similiter venerunt, qui ad veritatem de premissis dicendam triati & jurati, dicunt super sacramentum suum quod praed. I.L.R.M. & T.L. culpabiles sunt, Verdict. & eorum quilibet culpabilis est de transgressione, contemptu, & riotto praed. in indictamento praed. superius specificatis modo & forma prout superius versus eos supponitur. Ideo concessum est per Curiam quod praed. I.L. R. M. & T.L. capiantur ad satisfaciendum dicto domino regi de finibus suis, occasione transgressionis, contemptus & riottis praed. Qui quidem I. L. R.M. & T. L. ad tunc & ibidem praesentes in Curia petierunt se ad finem cum dicto domino rege occasione praed. admitti. judgement. Et inde ponunt se seperatim in misericordiam D. R. Et assessatur finis ejusdem I. L. per justic. praed. ad 3.l. 6. s. 8.d. Ponunt se in misericordiam regis. Fine assessed. Et finis ejusdem R. M. assessatur ad 20. s. Et assessatur finis ejusdem T.L. ad 5.l. bonae et legalis monetae Angliae ad opus et usum dicti domini Regis. Of Trial of felonies upon arraignment, and what Pleas, or other helps may be used therein by the prisoners. CHAP. 15. 1. Arraignment and Traverse Difference between Traverse and arraignment. Lamb. li. 4. pag. 546. do not so much differ in the nature (or substance) of the Trial itself, as in the order or usage of the same. For as there is no Endictment traverseable by the party, but that he may also be arraigned upon it: so likewise is there no Endictment whereupon the party may be arraigned, but that he may also (if he will) tender his Traverse unto it. 2. The difference than standeth in this, Lamb. li. 4. pag. 547. that commonly he (which is to be arraigned) cometh in by compulsion of bond, or process, and is touched with matter concerning life and death, or some such heinous offence, and pleadeth generally not guilty to the Endictment. 3. Commonly I say, because although he come in freely, Ibid. and be indicted of some inferior offence, yet he may be nevertheless arraigned: neither is he of necessity driven to plead not guilty (which runneth to the fact) but may (if the case will suffer) plead a justification, or matter in Law, though it be in case of felony. 4. It seemeth to have borrowed the name out of the word Array, Ibid. either of the panel, or jury: because he that is arraigned must be tried by them being first called, arrayed, sworn, and tried, in order for that service, or else of the array of the prisoners, that be perused and arrayed in order before they come to trial. 5. If I should here rip up, and prosecute at full (as the place offereth me occasion) the whole learning that belongeth the arraignment and trial of Felons, aswell for the taking of Challenge, and pleading of justification, matter in Law, pardon, another time acquit, and another time attaint: as also for the having of Sanctuary, and saving by Clergy; I should but actum agere, and yet not do it half so well as you may find it in Master Stamford, besides the which I should endeavour to teach them, of whom I myself may better learn, seeing that for the most part the use of these matters is either reserved till the coming of the grave justices of Gaol delivery or else is performed by other men of Law that can inform themselves sufficiently therein. Yet considering that these things do many times fall in use in the County of Dublin, and that it were unseemly for justices of the peace to be altogether ignorant therein, I will shortly run over them, but first let me offer to your consideration a point or twain, whereof it peculiarly behoveth our justices to be advertised. 6. The first thing is, that there be sundry felonies, Felonies not tryable before Iust. of the P. and some Endictments of felonies also the which (as it seemeth to me) justices of the peace cannot here, or try at all, the second is that in the handling of those very felonies wherewith they may deal, there be yet certain considerations peculiar to the justices of the peace only, and not common to them with other judges. 7. Of that first is the felony for forgery, 28. El. ca 4. in Ireland. by the statute made in the xxviij. year of the Reign of the late Queen Elizabeth ca 4. in Ireland after conviction for a former offence. 8. Neither doth the hearing and trial of that felony of a servant (taking the goods of his Master after his death) belong (as I have said) to the justices of peace in the Country: Lamb. li. 4. pag. 548. because they cannot take notice of his default in the King's Bench by which default it first beginneth to be felony. 33. H. 6. ca 1. 33. H. 6. ca 1. 9 The like, though for unlike reason, is to be said, of the felonies in embezelling of any the Records of the Courts at Dublin against the statute. Lamb. li. 4. pag. 549. 8. H. 6. ca 12. And of an accessary in one County, where the felony was done in another County, upon the statute of 10. Caroli ca 19 in Ireland, because the hearing and determining these felonies is not committed to the justices of peace, but remitted to other judges by the very same statutes, nevertheless justices of peace by the words of that statute may inquire and proceed to take that Endictment. Ibid. 10. Furthermore, they cannot make trial of such as were indicted of felony before the Coroners, or before the justices of gaol delivery, or of Oyer and Terminer, if the same persons were not Iust. of P. also in the same shire, so as the indictment may be understood to be taken by them, as before justices of the peace: for their Commission and authority extendeth only to such as stand indicted before themselves or before former justices of the peace, or the Sheriff in his Turn. Things peculiar to Iu. of the peace in the trial of felonies. 11. Thus fare of the first point, touching the second, it seemeth by Marr. and Fitz. fol. 16. that albeit two justices of the peace (the one of them being of the Quorum) may in the County of Dublin hear and try felonies, yet no justices of the peace have authority to deliver felons by Proclamation, without sufficient acquittal nor yet to deliver such as be in prison for suspicion of felony, unless there be in the Commission a special clause, ad gaolam deliberand. etc. as it is in the Commission for the County of Dublin. 12. For they must proceed by enquiring, hearing, and determining, as their Commission appointeth them, and not rid the gaol otherwise, as the justices of Gaol delivery may do; And therefore such persons (if they cannot be indicted) must either remain the coming of the justices of Gaol delivery, or else (being removed into the King's Bench) they are either to be delivered thence upon the writ de gestu et fama, as the old order was, or by such other means, as they at this day do use therein. 13. These justices of peace can take no Appeal of any approver, nor other, before them. 2. H. 4. 19 and so it is clearly holden. 9 H. 4. 1. because their Commission stretcheth not so fare, but only to such felonies, as fall out by enquiry before themselves, or their former fellow justices, howsoever, the book in 44. Ed. 3. 44. upon the statute. 5. Ed. 3. ca 11. or the statute (8. H. 6. ca 10.) may seem (to a running Reader) to allow that power unto them, and therefore Master Stamford fol. 95. doubteth of it. 14. But howsoever that be, yet seemeth it to me no less reasonable than serviceable, that if one fellow will accuse another before Iust. of the peace, they may take his confession and reprieve him and thereupon cause the other to be inquired of, and so proceed against him by way of Indictment. 15. Furthermore they cannot arraign a man upon his abjuration, saith Marr. 16. It hath also been thought unmeet, that they should try a fellow the same day, in which they awarded the venire facias, against the Iury. 22. Ed. 4. 44. Fitz. Coron. tit. 44. but that hath no necessity, and the Law is now otherwise taken. 17. Marr. saith that they cannot award the writ of venire facias tot matrons, to try whether a woman (arraigned before them) be with child or no, but seeing it standeth with Law, and reason to stay her for the time (that the child may be preserved) It must of necessity follow that this opinion of Marrow is against the Law. 18. They may give Clergy to a fellow if the Ordinary (or his Deputy) be present to take him: but if they be absent, he must be reprived, because as Mar saith, these justices can set no Fine upon the ordinary for his absence: no more than if he will accept one to read as a Clerk, where in truth he cannot read at all, but if you look upon Master Stamford lib. 2. ca 25. he will persuade you, that the Ordinary is not the judge but a Minister in the trial of Clergy: and that Clergy may lawfully be given and allowed in his absence. 19 Of the Fine, for his default at these Sessions, Lamb▪ li. 4. pag. 55●. I am a little doubtful, as I have said before, but touching the allowance of Clergy to the offendor, I see no cause at all why it may not belong to the Iust. of peace, aswell as to other judges: seeing that they be judges of the felony, as other Just. are. 20. Mar. saith also, that if Bigamy had been alleged against one that prayed his Clergy, the Iust. of P. could not have written to the Ordinary to certify the same, but this opinion seemeth to be no Law, for where justices have power to hear and determine, of congruity they have power to do all things necessary to bring the cause to an end. 21. And if a man (outlawed of felony by process before the justices of peace) be brought before them, and do allege, that he was (at the time of the utlary pronounced) out of the Realm in the King's service under such a Captain: or that he was then imprisoded in another County, they can neither write to the Captain, nor into the County, by the opinion of Mar. 22. Thus much only of things restraining the justices of peace in the trial of Felonies, wherein they are not in Ireland at all occupied, saving only in the County of Dublin, but the gaol delivery is wholly left to the justices of Assize. 23. These things thus premised, Let us now suppose all impediments to be removed, and set we the fellow at the bar, ready to take whatsoever lawful advantage of Challenge, plea, or other benefit, that may be allowed unto him. 24. It was ever permitted, Challenge. that the prisoner might challenge so many of the jury as he would (showing lawful cause for it) as namely to say, that he (whom he challengeth) was one of the jury which did indict him, for such a one it may be thought, he will not falsify his former oath. 25. Ed. 3. cap. 3. or to say that he hath not lands of the clear yearly value of xl.s. for such a one is disabled. 2. H. 5. ca 3. or to say that he is not probus or legalis, because he hath been attainted of felony, forgery, perjury, or of such like as are showed before. 11. Caroli ca 9 in Ireland. 25. The common Law hath also (in favour of life) allowed unto the prisoner his peremptory challenge, without showing any cause at all for it. But yet forasmuch as it was long time doubtful how many he might challenge, the same is now put into certainty (by the statute. 11. Caroli ca 9) and restrained to the number of xx. persons at the most. 26. Now if the trial be of an Alien borne (for felony or murder committed by him) the jury shall be de medietare lingua, that is, half of our Nation, and half of strangers, except it be in the case of a Scot, whose jury shall be altogether English, aswell because he speaketh one language, as also for that he is reputed a subject and not an Alien, Collection Dyer 304. & 357. 27. Thus shortly of challenge which is but dilatory, and to win time: and therefore let us now hear what he may plead in chief as it were, and for the safety of his life. Another time acquit. 28. And if the prisoner have been at any time before lawfully acquitted of the self same felony, or have been orderly attainted of any other Felony, he may safely rest upon it, for as it is unreasonable, to draw a man's life into double danger for one single offence: So is it also unprofitable, to condemn him that is already attainted, Coron. Fitz. 132. & 28. Ed. 3. 90. And for the proof of either of these his allegations, the justices ought to allow unto him convenient time for the bringing in of the Record of the Court where he was so acquitted, or attainted, Coron. Fitz. 232. 29. But because each of these two points hath his several consideration in that which doth remain, I also will henceforth handle them apart. 30. If the prisoner be now arraigned of a felony by the name of A. B (by which name, as also by the name of A.C. he is well enough known) then may he say that he was before time acquitted of the self same felony, before such or such justices, by the name of A.B. averring that he is the same person, and that he is known by the one and the other name. Lib. Ass. 26. pl. 15. & 11. H. 4. 93. So, if he be arraigned of the murder of a man (supposed by the Endictment to be slain in the thirteenth year of Queen Elizabeth's Reign) he may plead, that he was acquitted of the murder of the same man, averring that he was slain in some other year, Lib. Ass. 22. pl. 55. For as in the former case the same man may bear two names: so in the latter, one person cannot be twice killed. 31. But if the Felon were first acquitted upon an Endictment, which did not comprehend sufficient matter of felony in it, that will not help him now because his life was never put in jeopardy thereby; insomuch as if he had been found guilty thereupon yet the Court would have delivered him, Stamford 106. howbeit if the Endictment had good matter in itself then may no error (committed in the process) take the benefit of this plea from him, seeing that he was arraigned upon the Endictment, and not upon the process. 9 H. 4. & Coron. Fitz. 444. 32. Again, if he that stole goods were acquitted in a County where he ought not to have been tried for them, that is no lawful acquittal to save him from trial now, no more than if a man were acquitted of murder in an appeal at the suit of a younger brother during the life of the elder: that is of no such force, but that he shall be arraigned at the suit of the K. again, Stamf. 105. &. 106. & 1. H. 6. 31. 33. Lastly, he that is acquitted as principal to a Felony, may nevertheless be arraigned as an Accessary (after the offence done) to the same felony, because it is not the same, but another subsequent, and diverse offence, and yet shall he never be arraigned as an Accessary (before the offence) to the same felony, because the Accessaries before the offence be the very causes of the fact and do (as it were) inseparably concur with the principal, and be present with him in doing of the same. Lib. Ass. 27. pl. 10. & Stamf. 105. 34. Now on the other side, Another time attainted. since nothing can be had of him that is already attainted, and hath thereby lost whatsoever he might forfeit, it hath always been thought meet to allow him to plead it: and it is to no purpose to arraign him of new, for that, or for any other felony, except it be in a special case or two, for the benefit of other persons which M. Stamford hath briefly noted for us. 35. The first is for the advantage of the King: For if he that is attainted of felony hath also committed Treason, then may he be arraigned of the Treason, notwithstanding the former attainder, to the End that his Majesty may have his prerogative in the Escheat of all his lands of whatsoever other Lords they shall be holden. 1. H. 6. 5. And yet if that Treason were committed after the attainder for the felony, than (in the opinion of M. Stamf.) the title of Escheat which by that attainder did accrue to the other Lords, cannot be devested and taken from them by the subsequent treason. 36. The second is, for the commodity of subjects as in case where diverse men be rob of their goods by a fellow, there, though he be attainted at the suit of one, yet ought he also to be attainted at the suit of the rest, that each of them may thereby have restitution of his goods, whereof otherwise for want of suit he should be denied. Stamf. 165. 37. But now if he that was thus attainted, do afterward obtain pardon of that felony whereof he was attainted, than he is restored to the law, and is made answerable to all other felonies that were committed by him before the time of that felony, whereupon his attainder was grounded. 6. H. 4. 68 38. And if a man do commit two sundry felonies, and (being arraigned upon the one) standeth mute at the bar, and hath therefore his judgement to be pressed, yet may he be arraigned upon the other felony, notwithstanding the former judgement: because it is none attainder at all for his offence wherewith he was charged, but only a punishment inflicted by the Law upon his contumacy and stubborn silence, Collect. Dyer 308. 39 With this there was wont to be matched the plea, That the prisoner was another time convict Another time convict. of felony, and delivered to the Ordinary to make his purgation: which also was of equal force (with the former plea) to save him from new arraignment; But the law of our time hath worthily taken that plea from the offendor, and the offendor himself from the power of the Church. 40. For as the allowance of the book proceeded from the pride of Churchmen: Even so were those convicts ridiculously purged by them. For which cause the statute of 11. jacobi ca 3. 11. jacobi. c. 3. in Ireland. hath ordained that after allowance of Clergy and burning in the hand, the prisoner shall be enlarged; Lamb. li. 4, pag. 553. and not delivered to the ordinary, so that now as I conceive he may be put to answer to all other Felonies whereof he is not before acquitted, convicted, attainted or pardoned, and therefore leaving it, let us see how the offendor may be helped by pleading and praying allowance of the King's pardon. General pardon. 41. The pardon whereof the party may have advantage, is either general or special: by general, I do here mean that which is given by parliament to all men generally, or with the exception of some parties. And of this pardon the Court ought of duty to give allowance, though the party neither plead it, nor will accept the benefit of it. But if it make special exception of some persons than must the prisoner allege that he is none of those that be excepted, unless the Act itself do say, that he shall be helped by it without any such pleading. 11. H. 4. 39 & Stamf. 103. 42. Touching this sort of pardon I will only lay down these few cases: the servant that had killed his master was indicted of voluntary murder, without the word proditoriè, and was thereupon arraigned and found guilty. But because the offence was petty Treason indeed, and petty Treason was then pardoned by the Parliament (5. El.) though murder were therein excepted, justice Welsh thought it meet to reprieve the same prisoner without giving judgement upon him. Coll. Dyer 235. 43. A man struck another in February (13. El.) whereof he died in june next following, in which mean while all felonies, offences, Injuries, and misdemeanours were pardoned by Parliament, and he was discharged by that pardon, because the stroke was the offence against the Queen, and that was past and pardoned, though the death did afterward ensue upon it. Com. 401. 44. One that had committed manslaughter, was indicted of murder, and thereupon outlawed: afterward the Parliament pardoneth all offences, etc. except persons outlawed or attainted of murder: the party reverseth the outlawry, and then is arraigned of manslaughter: and it was much doubted whether he should be discharged by the pardon, because the persons outlawed were excepted, whereas if the offences only had been excepted, it would have made no great question. 29. Eliz. Report. Crompton. 45. The special pardon Special pardon. ought to be pleaded under the great seal, for that now in Ireland none hath authority to grant such pardons, but only the King. 46. And with this pardon, the party ought to bring a writ of allowance, testifying that he hath found sureties for his good report, according to the statute. 10. Ed. 3. ca 2. Howbeit that matter is many times dispensed withal, by means of a non obstante, that may be put into the pardon, Com. 502. But let us yet see, what the pardon hath within it. 47. If the pardon do agree with the Endictment, aswell in the name, surname, and addition of the party, as also in the point of the offence that is to be pardoned, then is there nothing to be said against it. But if the pardon be of all Felonies, that will not discharge him of petit Treason nor murder, at this day (except it contain them in special words) although before the statute. 13. R. 2. Stat. 2. ca 1. such a pardon was available enough for them. 48. Neither is such a pardon sufficient to save the life of him that is attainted of Felony, unless it have words to pardon the attainder, and execution. 9 Ed. 4. 29. no more than a pardon of that attainder and execution, will deliver him without words to pardon the felony itself. 8. H. 4. 21. So where the party is abjured for the death of a man, the pardon must of necessity carry words of abjuration, Coron. Fitz. 124. 49. And if the King do pardon to a Gaoler the escape of prisoners being in his ward for felony or Treason, that shall extend to negligent escapes only, and to none other, Grants Fitz. 37. So if he pardon two men all felonies done by them, or any of them, that will not serve them apart, because the first words be joint and not several, whereas all felonies be of themselves several. 22. E. 4. 7. For in all these, and the like cases howsoever the favour of life may desire liberal interpretation, yet (forasmuch as the offence is against Law) the grace and dispensation of the prince may not be strained beyond the word. 50. The last helps for the prisoner, be Sanctuary and Clergy, Sanctuary and Clergy. whereas his case will afford him the one or the other of them, for if he were taken out of Sanctuary, he ought to pray (at the first) to be restored: and if he can read, he may (at any time) desire of the judge the allowance of his book. 51. How each of these began at the first and grew in time to be full summed, or how they shrunk again, (by one and one:) I may not here stand to discourse, though it be a piece, worthy both the handling and hearing. But forasmuch as our statutes do many times match these twain together, I will likewise draw them forth, as I shall fall upon them, showing you where the one or the other, or both be denied to the prisoner. Once or more times. 52. Where Clergy lieth, it is grantable but once to one person, except he be within holy orders: for such a one may have it often. 4. H. 7. c. 13. & Stamf. 135. Bigamy. 53. Bigamus (that is to say, he which hath been twice married, or which hath married a widow) may not have his Clergy at this day in Ireland, Dyer fo. 201. Stamf. fo. 134. for in old time before the statute of 1. E. 6. ca 12. it was a good counterplea against it in England, and that statute of 1. Ed. 6. is not of force in Ireland. 54. It was wont to be doubted, whether a Bastard Bastard. might have the benefit of Clergy: because he could not be a Priest without special dispensation, Brook Bastardy 46. but at this day Bastardy is no good counterplea against Clergy. 55. And it was agreed by all the justices (2. & 3. Phil. & Mar.) that a woman Woman. shall have none allowance of Clergy, but she may have (for once only) the benefit of her belly, Lamb. li. 4. pag. 563. if it be found by women thereto appointed that she is quick with child, Report Dallison. 56. Conjurors or witches Witches, etc. shall not have the benefit of Clergy. 28. El. ca 3. in Ireland. 57 He shall have no Clergy that committeth any felonious rape, Rape. ravishment, or burglary. Burglary. 11. jacobi ca 3. in Ireland. 58. Nor he which committeth the detestable sin of buggery. Buggery. 10. Caroli ca 20. in Ireland. 59 There lieth no Clergy nor Sanctuary for him which committeth wilful murder, Murder. or poisoning Poisoning. of malice prepensed; for these are high Treason in Ireland; or which robbeth another in or nigh the highway; Rob in high way. or which stealeth any horse or horses, Horse. gelding or geldings, Mare or Mares, or stealeth goods out of any Church Church. or Chapel, or which robbeth any person in any part of his dwelling house, House. himself, his wife, children or servants then being in or near the same. 11. jacobi ca 3. in Ireland. 60. He which robbeth any person in any Booth or Tent, Rob Booth or Tent. in any Fair o● Market, the owner, his wife, children, or any servant then being therein, either sleeping or awake is deprived of his Clergy. 11. jacobi ca 3. in Ireland. 61. Sanctuary and Clergy be taken from him that secondly shall be convicted of the forging of false deeds, Forgery. etc. 28. El. cap. 4. in Irland. 62. In all other cases (so fare as I yet find) the prisoner may enjoy the privilege of Clergy: A consideration touching Clergy. yea and in every of these statutes also that do resume Clergy, if so be that the Endictment do not expressly mention the offence in the very words of the statute itself the offendor may escape by his Clergy, for if the Endictment be that he rob one in the high way, and took ten shillings from his person without showing that he made assault upon him, or used violence unto him, or if it be of Burglary and do lack the word Burglaritèr: then as Master Stamford warily noteth, the offence is not against the statute, and consequently the benefit of Clergy is not taken away from the offendor, Stamford 130. Collect. Dyer 183. & 124. 63. The same Master Stamford (about the same place of his book) moveth a doubt in this matter of Clergy, A scruple concerning Clergy. when sundry of these statutes which take away Clergy (in case where the offendor is convicted by the verdict of twelve men) do speak nothing at all of his attainder by utlary, or by Parliament, nor of his standing wilfully mute, nor of his challenging above twenty peremptorily; nor of his refusal to answer directly to the offence: It is to be considered (saith he) whether in these cases also the Clergy shall he denied unto him: But since Master Stamford's time these doubts are cleared by the statutes of 11. jacobi in Ireland, cap. 3. where the Clergy is taken away in all these cases, except utlagary upon an appeal, conviction by battle in appeal and attainder by Parliament, which three cases are omitted in the said statute of 11. jacobi. I will now make an end of Trial and in the next place proceed to judgement. Of judgement, and the several sorts thereof. CHAP. 16. 1. I Have formerly divided the offences which are to be enquired of in the general Sessions of the peace into five heads or parts that is to say Treasons, Felonies, Misprisions, Praemunires, and finable offences. And now I shall proceed to declare the several judgements that are to be given upon each of those offences in order as they are beforementioned. 2. There were at the common Law two kinds of Treason, that is, 10. H. 7. cap. ●1 in Ireland. high Treason and petty Treason, but those offences which at the common Law were petty Treason (that is to say, a servant of malice prepensed to kill his or her Master or Mistress, a Clerk of malice prepensed to kill his Ordinary, and a wife of malice prepensed to kill her husband) are now in Ireland by the statute of 10. H. 7. cap. 21. made high Treason, as if the same had been done to the King's person. 3. There be also two sorts of high Treason namely Treasons by the common Law, and Treasons by several statute Laws. 4. The judgement in high Treason judgement in Treason. by the common Law is that the offender shall be taken from the bar, and returned to the prison where he was before, his irons there to be taken off, and from thence to be drawn upon a hurdle to the place of execution, and there to be hanged until he be half dead; then to be cut down alive, his entrails to be taken out of his body and his privy members to be cut of, and burnt in the fire before his face, his head to be cut from his body, and his body to be divided into four quarters to be disposed of at the King's pleasure. And this is to be understood in all such cases of high Treason as concern the death or destruction of the King, the Queen or the Prince; or the disherison of the King of any of his kingdoms or government, or the levying of war, or the deflowering of the Queen, or the eldest daughter of the King, or the wife of the Prince, or the kill of the great officers of the King, as the Chancellor, Stamf. fol. 182. & 32. 1. H. 7. fol. 24. 1. H. 6. fol. 5. Treasurer, or Lord privy seal, or of any judge being in the execution of his office, or the King's messenger, or such like, which trench to the overthrow or diminishing of the King's power or government, but in such cases wherein the Treason doth but only exalt itself upon some special prerogative of the King to the deceit of the people, as coining of false and counterfeit money or such like, there the judgement against the offendor is to be taken from the bar and returned to the prison from whence he came, his irons there to be taken off, and from thence to be drawn upon a hurdle to the place of execution, and thereto be hanged until he be dead, but if the offendor be a woman, the judgement against her in all cases of Treason is to be burned. Stamf. fol. 182. & ●2. 1. H. 6. fol. 5. 6. Eliz. Dyer fol. 230. the new book of Entries, fol. 360. 5. Where offences which at the common Law were not Treason are by any statute Law enacted to be high Treason without any more saying, in such cases the judgement against the offenders shall be to be drawn and hanged, but where the stat. saith that the offence shall be Treason, as if it had been done against the King's person, or if the words be that the offenders shall suffer such punishment as in cases of high Treason, than the offenders shall have judgement to be hanged drawn and quartered. 6. Upon these differences it will follow that for breaking of prison by the stat. de frangentibus prisonam made in Anno 1. Edw. 2. for counterfeiting the Coin of an other Realm which is currant in this Realm which is made Treason by the statute of 4. H. 7. cap. 18. for washing, clipping, or filing of money which is made Treason by the stat. of 3. H. 5. cap. 6. for Comricke, with by the stat. of 18. H. 6. cap. 2. in Ireland; and for Sessing of horse or foot upon the King's subjects, which by the said stat. of 18. H. 6. are made Treason, the judgement against the offenders in all those cases is only to be drawn and hanged. 7. But for Treason in stirring up the Irish or English to make war against the King or his Deputy, or stirring up the Irish to make war upon the English, which by the stat. of 10. H. 7. ca 13. in Ireland is made Treason, or for wilful burning of houses or ricks of Corn, which by the stat. of 13. H. 8. cap. 1. in Ireland is made Treason, and for wilful murder, which by the stat. of 10. H. 7. cap. 21. in Ireland is likewise made Treason, the judgement against such offenders is to be hanged, drawn and quartered as in cases of high Treason against the King's person. 8. There be likewise two sorts of Felonies, that is to say, Felonies for which the offendor shall suffer death, and felonies for which the offender shall not suffer death. 9 For the felonies of death the judgement is alike in all cases, judgement: in Felony. and aswell for women as men, viz. to return from the bar to the prison from whence they came, and there their irons to be taken off, and from thence to be conveyed to the place of execution, and there to be hanged until they be dead. 10. For petty Larceny which is the stealing of goods under the value of twelve pence privily, and not by way of burglary, or robbery, the judgement is either by whipping, or imprisonment, so often or so long time, as the Court in discretion shall think fit, and if the offender be a woman and the felony exceed twelve pence, and be under the value of 10. s. her judgement is to be burned in the hand, 10. Car. cap. 16. in Ireland. and to be further punished by imprisonment, whipping, stocking, or sending to the house of correction in such sort and for so long time (none exceeding the space of one whole year) as the Court in discretion, according to the quality of the offence, shall think fit. 11. Misprisions are of three sorts, viz. of Treason, of Felony, and other great and exorbitant misdemeanours. 12. For Misprision of Treason the judgement is that the offender shall forfeit to the King's Majesty all his goods, and chattels, judgements in misprision. and the profits of his land during his life, Stamf. fol. 38. and to have perpetual imprisonment. 13. For Misprision of Felony the judgement is, Fine, Ransom, 2. R. 3. 9 and Imprisonment, at the discretion of the Court. 14. Stamf. fo. 38. 22. Ed. 3. fol. 13. Other particular Misprisions have their particular judgements, as for offering to strike a judge sitting in judgement or a juror in presence of the justices, the judgement is, that the offender shall forfeit his lands, goods, and chattels, his right hand to be cut off, and to have perpetual imprisonment. 15. For one of base quality that shall strike a man of honour, Stamf. fo. 38. Britton fol. 4●. or a Knight, the judgement in ancient time was the loss of his hand, but this judgement is not used at this day but in stead thereof fine and imprisonment and bonds of the good behaviour. 16. For rescueing of a prisoner arrested by any of the King's judges sitting in judgement, Stamf. fo. 38▪ 22 Ed. 3. fo. 13. the jugement is that the offendor shall forfeit his lands, goods, and chattels, and have perpetual imprisonment. 17. judgement in Praemunire. 16. R. 2. ca 5. The judgement against an offendor in a Praemunire is to be out of the King's protection, and to forfeit his lands, goods, and chattels, and to be imprisoned during the King's pleasure. 18. Finable offences are of several sorts, viz. some are offences of force and violence, some of fraud and deceit, some of omission, and divers others of several sorts, some by the common Law, and others by statute Laws, the particulars whereof, and the several and particular judgements that are to be given upon each of them are before in the Articles of the Charge. ca 4. and likewise in a brief Roll added after the end of this book particularly declared and set forth, and therefore it were needless to rehearse them here again, but rather to refer the reader to that Chapter and to the Roll. Of the process for the Fine of the King, and of the assessing, and estreating thereof for the King. CHAP. 17. 1. SEeing that execution is but a performance of the judgement I shall not need to make long enumeration of the sorts of executions which are within the power of the justices of peace: For besides that by the knowledge of the one, the other is known also, the justices of the peace themselves have in many cases performed their duty in both, when they have in the one pronounced that which is due to the offendor. Execution for the King. 2. Howbeit, for as much as that which they are to do by way of execution, offereth profit either to the King or to his subjects: and that which pertaineth to the King, is effected in this manner, viz. either by imprisonment of the offendor for the fine, or else by estreating the penalty and forfeiture thereof into the Exchequer, from whence process is to issue for levying the same. I will first bestow a few words upon the fine and estreats for the King, and then speak of the benefit that belongeth to the subject. 3. Where the Conviction is for Trespasses against the peace, Riots, and such other contempts and offences against the common Law or against some statutes, for the which no certain Fine is appointed, there the judgement is, that the party shall be taken to satisfy the King for his fyne: And thereupon, a Capias pro fine, is to issue and (if the party cannot be found) other judicial process goeth out till he be utlawed. 4. But if the party be brought in, then is he a prisoner, and then are the justices of peace (by their discretion) to assess the Fine, and to commit him to prison for the same, and thereof to make an estreate, and send it into the Exchequer, that the Sheriff may be charged therewith upon his account. 5. For in no case can they of themselves levy any Fine or forfeiture due to the King, insomuch as not they but the Sheriff is accountant for all such matters. 6. The imprisonment Imprisonment. that I speak of, is only to the end that the King may have the Fine, and therefore upon the payment thereof, the offendor ought to be delivered, Mar. Br. Imprisonment 100 7. Hereof also the Fine took first his name, of the Latin word finis, because it maketh an end with the King for the imprisonment laid upon the offendor, for the offence committed against his Law. 8. And in that respect chiefly doth it differ from an amerciament: Difference between Fine and Amerciament. For when the offendor hath not so deeply trespassed, that thereby it deserveth any bodily punishment at all, as if he be non suit in an action or do commit any such like fault, he is said to fall into the King's mercy, because he is therein mercifully to be dealt with. 9 And by magna carta (chap. 14.) that amerciament and sum of money which he is to pay for the same, aught to be assessed and afeard by the good and lawful men of the neighbourhood, which also Glanvill lib. 9 ca 11. affirmeth to have been the Law of the land long before that time, saying, Misericordia Domini Regis est quia quis per juramentum legalium hominum de vicineto eatenus amerciandus est, ne aliquid de suo honorabili contenemento amittat. 10. But where the offence or contempt falleth out to be so great, that it asketh the imprisonment of the body itself, and that during the Kings will and pleasure than is the party to redeem his liberty with some portion of money, as he can best agree with the King, or his justices, for the same, which composition is properly called his fyne, or his ransom, and in Latin Redemptio, as may be plainly seen by the statute of Marleb. 52. H. 3. cap. 1. 2. 3. & 4. and by the statute called Ragman, and diverse other ancient statutes: Where (by the way) it seemeth by the propriety of the word redemptio that the party offendor ought first to be imprisoned, and then to be delivered (or ransomed) in consideration of his fyne. 11. Also whereas any statute speaketh of fine and ransom both (as 38. Ed. 3. ca 9 and others do) it is taken that the ransom ought thereto beat the least triple so much as the Fine, Dyer 232. 12. But now of later time, the justices themselves have in some cases of amerciaments also used to assess and rate the same without any other help, as where the officers of their Courts have offended. 33. H. 6. 54. 34. H. 6. 20. & Lo. 5. Ed. 4. 5. which also seemeth to make an other difference between the two words. But because neither of these be strictly observed, either in common speech or in the understanding of the later statutes, I will no longer stand upon it. 13. Now therefore, if the offence be fineable, Fine by discretion of the justices. by general words only, without speaking of any fine, or without showing by whom the fyne shall be assessed (for so it is commonly in the elder statutes that do prohibit any thing to be done) there the assessment thereof belongeth to the justices before whom the conviction is lawfully had. 14. Again if it be fineable by these (or such like) words at the King's pleasure (as you shall find it in many statutes) then also the same justices (before whom the conviction was) shall assess the fines at their wills and pleasures. For (say the books. 2. R. 3. 11. & 18. H. 8. 1.) the King (in all such cases) uttereth his own will and pleasure by the mouths of the justices. 15. And yet some statutes (using plainer speech) do namely refer the fine to the discretion of the justices of peace. 16. For they may (upon conviction had before them) set fine by their discretion upon such as take Salmon, or destroy the fry of fish in Rivers, against the statutes W. 2. cap. 47. 13. R. 2. cap. 19 & 17. R. 2. ca 9 17. And in these cases (even as in cases of amerciaments) the Iust. aught to take heed that the fines be reasonable and just, having regard to the nature and quality of the offence, as it is commanded by the statute of 34. Ed. 3. cap. 1. Fyve to be assessed openly. 18. But this fine (or pain) awarded by the discretion of the justices of P. shall do the more good, both to the Prince in profit, to the people in example, and to the justices themselves in credit, if it be pronounced at the Bench openly (as it ought to be) and not shuffled up in a chamber (or Corner) secretly, as in some places it hath been used to be. Mitigation of the forfeiture of a statute. 19 I have heard, that even in cases where the statutes do appoint a certain forfeiture (as u.l. or x. l. &c.) yet the practice is, to mitigate the same by discretion, if so be that the party will come in upon the Endictment and put himself in gratiam regis (with or without confession of the fault) as I have told you before, so that the fyne shall be small, where the fault was great, and the penalty of the Law itself not small. 20. But this manner of doing (in my mind) is so void of sound reason, that I cannot recommend it to the justices of peace, but do rather condemn it as a mockery of the Law, yea I find that sundry statutes (fearing belike some such thing) have specially prevented it, commanding that justices of the peace shall assess no less fine, then is in those statutes themselves beforehand appointed. Estreating for the King. 21. But hitherto we have not sufficiently performed that, which the Commission of the peace hath in these words, Salvis nobis amerciamentis, & alijs ad nos inde spectantibus, and therefore it is not enough to have assessed the fine, but we must also disclose the means by which, aswell this fine (that is reduced to certainty by the discretion of the justices) as all other amerciaments, and those other penalties and forfeitures also that are certainly prefixed by words of the statutes, may be levied and brought into the King's Coffers. 22. Order was taken by an ancient statute (entitled the Scacario, and noted to be made. 51. H. 3.) that all justices, Commissioners, and Enquirers whatsoever, should deliver into the Exchequer (at the feast of Saint Michael yearly) the extracts of Fynes and amerciaments, taxed and made before them, that the King might be duly answered thereof. And the same (in effect) was afterwards confirmed by another statute entitled de forma mittendi extreta ad Scacarium, which although it be said to be made. 15. Ed. 2. yet forasmuch as it mentioneth that the former statute was made in the time of the father of the same King which made the latter, it must needs be, that either the one, or the other of them was in the time of King Ed. 1. 23. The statute. 12. R. 2. cap. 10. had allowed to every of eight justices of the peace, iiij. s. by the day, for the time of their quarter Sessions, to be paid (by the hands of the Sheriff) of the Fynes and amerciaments coming of the same Sessions: But because it was soon after seen, that it was a great delay to the justices of peace in this payment, to expect the levying of these Fynes and amerciaments by estreats first sent up to the Exchequer, and then delivered thence to the Sheriff (which was at that time the common manner of levying fines and amerciaments) therefore it was within two years after (viz. 14. R. 2. ca 11.) provided, that the estreats of justices of peace should be indented (or doubled) and the one part thereof delivered by them to the Sheriff, to the intent that he may levye the money thereof rising, and pay the justices their wages by indenture between him and them to be made, that thereupon he may have allowance upon the passing of his account, and the other part to be sent into the Exchequer. 24. And hereby (as I think) the estreats of the justices of the peace be now an immediate warrant for the Sheriff, to levy, not only the fines and amerciaments, but also all other issues, penalties, losses, forfeitures, and sums whatsoever, arising before them: For the words of the statute are general (the money thereof arising) and there, whatsoever sums are to be estreated into the Exchequer, the same are also to be levied by the Sheriff. 25. And these are properly called Estreates, of the word Extracta, because they be short notes (or memorials) extracted or drawn out of the Records, by the Clerk of the peace, and by him indented & delivered the one part to the Sheriff and the other to the Barons of the Exchequer, bearing this (or the like title) Extract. finium & amerciamentorum forisfactorum ad generalem Sessionem pacis tentam apud Trim, etc. Coram, etc. For the whole form of the making whereof there is full direction given to all Clerks of Estreates by the statute. 7. H. 4. cap. 3. whereunto I refer them. 26. Howbeit, I do not think, Iu. of the P. aught to have ca●e of the Estreats. that in our case this duty of estreating is so peculiar to the Clerk of the peace, but that the Iu. of P. themselves, ought also to have a common and careful eye unto it: For if you remember, it is both specially provided for in the Commission, and also an Article of their oath, to see unto the faithful entry and certificate of the issues, fines, forfeits, and amerciaments that do happen before them, and therefore it were well done (in my opinion) if the Iu. would by turn (or otherwise) both take knowledge of things that have passed before them, and also take order that the same be certified accordingly: lest otherwise it lie altogether in the power of the Clerk of the peace to save or slay (as one said) the Sparrow that he holdeth closed in his hands. Of executory process, and execution for the parties that sun, or for other persons, and of the restitution of goods stolen. CHAP. 18. 1. ALbeit that the justices of the peace have this power to make warrants for levying the amerciaments, fines, and other forfeits, that grow unto the King by their service, yet is it commonly thought, that they may not, (but in some cases only, and that by special words of the statutes) make execution (for them that will sue) of such part of the forfeiture, as the statutes do appoint for them. 2. For most commonly the party that will sue is by the statutes put to his action at the common Law, for recovery of that which he is to have, growing upon conviction of any offence contrary to the statutes, for which he is to commence his action (or bill) of debt: But where they have power, either by their Commission, or by any statute to hear & determine any cause at the prosecution of a private person, I do not see how the cause can well be said to be fully determined, till the complainant hath had the effect of his suit, which cannot be without execution. Liveries 3. For the moiety growing to the Informer upon the statute of Liveries (8. Ed. 4. cap. 2.) they shall make such execution, as aught to be had in recovery of debt or Trespass. High ways. 4. And the Estreats (made by the Clerk of the peace) of forfeits for default of amending high ways, are a sufficient warrant to the Constables to levye the same by distresses to the use of the Churchwardens of the Parish where the default was, 11. jacobi ca 7. in Ireland. toward the amendment of the said ways. Perjury. 5. So upon the statute of perjury, made in 28. El. cap. 1. in Ireland. And peradventure search will afford some more examples: but these may suffice for my desire, which is not (in this, or any the like) to recount all, but to make good proof of that which I offer and propound, the rather that the justices and Clerk of the peace may thereby take occasion to look upon the statute whensoever Execution shall be prayed for any cause depending before them upon any statute whatsoever. Restitution of goods stolen. 6. And because the awarding of restitution of goods stolen to the owner, or party rob (after the attainder of a fellow by reason of the evidence given by them) is a manner of execution for the party: 28. H. 8. ca 10. & 4. Ma. cap. 6. in Ireland. I may without violence bring hither the effect of the statutes made upon that point, and lying within the authority of justices of the peace, which standeth thus, if any fellow of goods, money, or chattels, taken from any of the King's subjects be indicted, arraigned, and found guilty thereof, or otherwise attainted, by reason of evidence given by the party rob, or the owner of the said goods, money, or chattels, or by any other by their procurement, then shall such party or owner be restored thereunto, and the justices before whom such finding guilty or such attainder shall be, shall have power to award writs of Restitution of the goods stolen in specie, if they may be found, and if they cannot be found, or that the property be altered, than they may award Restitution of the felons goods. Of certifying the Records of the Sessions of the peace to other Courts or officers. CHAP. 19 1. AS I have already manifested, that justices of the peace have not sufficient power (of themselves) to hear and determine all causes, whereof they have in their Session's authority to inquire: So also there be sundry things determinable before them there, which nevertheless may (in some respects) be brought to a second handling, either to the end to reverse that which they have done, or that their doings may be an evidence and testimony in the trial of causes before other judges. 2. And because this cannot in any sort be performed, without the presence of those former Records (or the transcripts thereof) which began with the justices of the peace, it is therefore requisite that they do make certificate of them unto those other Courts, or officers that shall use the same. 3. But as this certificate ought in some cases to be made by the justices of peace (or their Clerk) without any writ of Certiorari therefore directed, and in some other cases they may spare to certify, until that writ (or some other commandment) be brought unto them: So also sometimes they are to cert●fie and send up only a Tenor (or Transcript) as I have formerly said of the Record before them, and sometimes the very Record itself must be conveyed from them. 4. But in cases where justices of the peace have power to receive Endictments, and no power to proceed any further upon them, as in cases of Treason and some others which I have formerly declared, there they ought to send up and certify the Endictments themselves into the King's Bench, and that of duty without any Certiorari commanding the same, because having none authority to hear and try the offences, the Records thereof shall be unprofitable before them: and therefore they can have no just cause to retain them. 5. And so if a man that is bound to keep the peace and to appear at the next Sessions of the peace do make default of appearance the Recognisance itself (together with the Record of that default) must be estreated into the Exchequer, that execution upon the Recognisance may be had there. 3. H. 7. ca 1. and so ought it if it be presented, that the party hath forfeited his Recognisance by breach of the peace. And likewise if it be presented before them, that the chattels of a man attainted of felony, be in the hands of another; For, in these and such other cases where they cannot of themselves proceed, they ought to send the Records to such as have authority to determine upon them, and otherwise they do not discharge that duty, which the words Salvis, etc. & alijs ad nos indespectantibus, in the Commission do seem to expect at their hands. 6. Touching the Certiorari, it is of force (if it be made accordingly) to remove not only Endictments, or other executory Records, wherein the justices of peace can go no further, and whereof I have spoken already, but also the Records of causes fully and lawfully heard and determined by them, to the end that they may be reversed and annulled in the King's Bench, if good matter and cause do require it. 7. For that pre-eminence hath the King's Bench, and all other the higher Courts to write to the justices of peace, to certify their Records that do make for the trial of causes hanging in them, as you may read in 19 H. 6. 19 where the justices of the common place did send to the justices of peace for an Endictment, because in a writ of conspiracy (brought before them) it was material to have it. 8. And yet they of the common place do not use to write for Endictments or such other Records, unless they be thereunto induced, by cause hanging in their own Courts before them: For otherwise the right way to remove them is by Certiorari out of the Chancery, from whence they may be transferred (by Mirtimus) to any other Court. 41. li. Ass. pl. 2. per Knyvet chief justice. Matters by several Statutes specially appointed to be done and executed in the Quarter Sessions. CHAP. 20. 1. We have hitherto laboured and run over such things as are common to all general Sessions of the peace, and yet because there be certain matters that are by several statutes specially appropriated some to any, and others to some one of the quarter Sessions, it will not be amiss to set forth what Sessions is and aught to be called a quarter-Sessions. 2. Every quarter Sessions is a general Sessions of the peace, and is styled generalis sessio pacis, but other Sessions which are held upon special occasions, although all the articles inquirable in the Sessions of the peace be given in charge are not quarter-Sessions nor to be styled generalis sessio pacis but only Sessio pacis, etc. 3. This quarter-Sessions is so called, because it is holden quarterly, viz. four times in the year, and the stat. of 4. H. 7. cap. 12. calleth these four quarter-Sessions principal Sessions, for that in them chiefly the whole power and authority of the justices of peace doth shine and show itself more then in other Sessions. 4. These quarter-Sessions have been appointed by several statutes to be holden quarterly and at special times, and therefore it will not be amiss for our better instruction to peruse such statutes as do either in deed or in show concern this point. 5. The stat. of 25. Ed. 3. cap. 8. ordaineth That the justices of peace make their Sessions in all the Counties of England at the least four times in the year, viz. at the Feasts of the Annunciation of our Lady, Saint Margaret, S. Michael, and S. Nicholas: and also at all times that shall be needful according to the discretion of the same justices. 6. But this ordinance was altered as to the times by the Stat. of 36. Ed. 3. cap. 12. which ordaineth, that in the Commission of the peace shall be contained that the justices of peace shall hold their Sessions four times in the year, viz. one within the Vtas of the Epiphanie, the second within the second week of Lent, the third between the Feasts of Pentecost, and Saint john Baptist, and the fourth within eight days next after Michaelmas. 7. But this is again altered as to the times by the stat. of 12. R. 2. cap. 10. which hath ordained that the justices of peace should hold their Sessions once in every Quarter of the year at the least, without expressing any certain time, and hereupon, as I conceive, it gained the name of the Quarter-Sessions, and ever sithence hath been so called. For before this statute, although four Sessions were to be held yearly, yet the same were not quarterly. 8. But after this in Anno secundo H. 5. cap. 4. there was another stat. made, whereby it is ordained that the justices of the peace in every Shire named of the Quorum be resiant within the same Shire except Lords named in the Commission of the peace, and also except the justices of the one Bench and of the other, the chief Baron of the Exchequer, Sergeants at Law, and the King's Attorney for the time that the same justices, Chief Baron, Sergeants at the Law, and the King's Attorney be attending and occupied in the King's Courts, or otherwise in some other place occupied in the King's service, and also make their Sessions four times by the year, that is to say, in the first week after the Feast of S. Michael, the first week after the Epiphanie, the first week after Easter week, and in the first week after the Translation of Saint Thomas the Martyr, which is the third of july, and more often, if need be. 9 Now there are diverse offences which by several statutes are inquirable, and some other things are to be done by the justices of peace, for the well ordering of the Commonwealth only at the Quarter-Sessions, because the Statutes themselves do appoint the Quarter Sessions for the enquiring and doing of the same. 10. The Statutes which do appropriate diverse matters to the Quarter Sessions, or to some one of them are these that follow, viz. 11. By the Stat. of 1. H. 7. cap. 7. unlawful hunting in forests, parks, and warrens with painted faces, vizards, or otherwise disguised is to be punished by Fine, to be assessed at the next general Sessions of the peace, which is to be intended of the quarter Sessions which were publicly known, and not of any Sessions held upon special occasion. 12. So likewise by the Stat. of 11. jac. cap. 7. in Ireland, the defaults for not amending of highways according to that stat. are to be punished at the next Quarter-Sessions. 13. So likewise perjury and subornation of perjury are by the stat. of 28. Eliz. cap. 1. in Ireland, to be punished in the Quarter-Sessions. 14. Also by the statute of 11. Caroli cap. 4. in Ireland, the justices of peace, or the more part of them, may at any Quarter-Sessions give order for the erection of houses of Correction, and for stocks of money and all other things necessary for the same, and for the government thereof, and such houses of Correction are to be purchased, conveyed or assured upon trust to such persons as by the justices of peace, or the more part of them, in their Quarter Sessions of the peace shall be thought fit, and such justices may at their Quarter Sessions of the peace next after such houses shall be built, and so from time to time appoint Governors or masters thereof, and may make them such allowance and maintenance as they shall think meet. And if the masters of such houses do not every Quarter Sessions yield a true and lawful account unto the justices of peace of all such persons as have been committed to their custody, or if the said persons trouble the Country by going abroad, or escape from such houses of Correction, the most part of the said justices in their Quarter Sessions may Fine the said Masters and Governors as they shall think fit. 15. In like manner by the statute of 10. Car. cap. 18. in Ireland, the justices of peace in their open Sessions have power to inquire, hear and determine the defaults of Vnder-Sheriffes, Sheriffs, Clerks, or the Clerks of Undersheriffes', and the defaults of bailiffs of Franchises for not duly executing their office according to the said stat. 16. So likewise by the stat. made in Anno 10. Car. cap. 26. in Ireland, the justices of peace in the Quarter Sessions with the assent of the Grand jury have power and authority to tax and set every inhabitant in any such County, Barony, City, Burrough, Town or Parish within the limits of their Commissions to such reasonable aid and sum of money as they shall think, by their discretions, convenient and sufficient for the new building, repairing, re-edifying and amendment of any Bridges, Causeyes, and Toghers, and after such taxations made, the said justices of peace shall cause the names and sums of every particular person so by them taxed to be written in a Roll indented, and shall also have power and authority to make two Collectors of every Barony, City, Burrough, Town or Parish for Collection of all such sums of money by them set and taxed, which Collectors receiving the one part of the said Roll indented under the Seals of the said justices shall have power and authority to collect and receive all the particular sums of money therein contained, and to distrain every such inhabitant as shall be taxed and shall refuse payment thereof, in his lands, goods and chattels, and to sell such distress, and of the sale thereof retain and perceive all the money taxed, and the residue (if the distress be better) deliver to the owner thereof. And likewise the said justices of the peace have power and authority to name and appoint two Surveyors which shall see every such Bridge, Causey, and Togher builded, repaired and amended from time to time as often as need shall require, to whose hands the said Collectors shall pay the said sums of money taxed, and by them received, and that the Collectors and Surveyors and every of them, and their executors and administrators, and the executors and administrators of them, and every of them from time to time shall at the public Sessions of the peace make a true declaration and account to the justices of peace of the Shire, City, or Town corporate wherein they shall be appointed Collectors or Surveyors of the receipts, payments and expenses of the said sums of money, and if they or any of them refuse that to do, that then the justices of peace from time to time by their discretions shall have power and authority to make process against the said Collectors and Surveyors and every of them, their executors and administrators, and the executors and administrators of every of them by Attachments under their seals returneable at the general Sessions of the peace, and if they appear then to compel them to account as is aforesaid, or else if they, or any of them refuse that to do, then to commit such of them as shall refuse toward, there to remain without bail or mainprize till the said declaration and account be truly made, and the said justices have full power and authority to allow such reasonable costs and charges to the said Surveyors and Collectors, as by their discretion shall be thought fit and convenient. 16. And likewise by another statute made in Anno 10. Carol. ca 15. in Ireland, the justices of peace have power in their Quarter Sessions to inquire, hear and determine all and every offence and offences of ploughing, harrowing, drawing and working with Horses, Mares, Geldings', Garrans, and Colts by the Tail; And also of pulling the wool from living sheep in stead of clipping or shearing of them, and to punish the offenders by Fine and Imprisonment. 17. So likewise by the statute of 33. H. 8. ca 9 in Ireland, the wages of Artificers and Labourers are to be rated twice in the year: viz. at the Quarter Sessions next after Easter for that half year following, and at the quarter Sessions next after Michaelmas for the other half year, and the wages of servants which are to serve by the year to be rated in the Quarter Sessions next after Easter. And in like manner by the statute of 13. R. 2. cap. 8. the justices of peace in any general Sessions are to set rates upon victuals and to punish the victuallers which break those Rates. 18. But here M. Lambard in his fourth book, cap. 19 of the Quarter Sessions would make us to believe that if the quarter sessions or general sessions of the peace be not holden at the precise times appointed by the said statute of 2. H. 5. cap. 4. but that the same be held at any other time, the justices of peace have no power to inquire of, hear, determine, or otherwise to intermeddle with any of the matters aforesaid, which are appropriated to the quarter Sessions, for saith he such Sessions as are not held at the times prescribed by the said statute of 2. H. 5. are no Quarter Sessions, and then all that is done before the justices of peace concerning the matters aforesaid in any sessions holden at any other time is coram non judice, and without warrant, but herein I am not of M. Lambards' opinion, for that the sessions named in some statutes, the principal sessions, in others the open Sessions, and in others the general or quarter sessions of the peace are all one and the same, and are all styled by one and the same style, that is, generalis sessio pacis, and there is not any Sessions styled by the name of Quarter Sessions, although in common parlance we call them so, because they are held quarterly. So as those statutes which refer any thing to the principal, the public, open or quarter sessions are all to be understood of that general Sessions which is held quarterly, and all those things may be there handled, although the same be not held at the precise times prescribed by the statute of 2. H. 5. as M. Lambard would have it to be, for the authority whereby the general sessions of the peace are held is not the statute of 2. H. 5. nor any other statute, but the Commission under the great seal, whereby the justices of the peace are authorised to hold their sessions at such times and places as they or any two or more of them, so as one be of the Quorum, shall think fit to appoint. 19 Also the statute of 2. H. 5. cap. 4. hath not any negative words, videlicet, that the sessions should not be holden at any other times than those which are mentioned in the same statute. 20. But if the statute of 2. H. 5. had been in the negative, or else if the Commission had been specially grounded upon that statute as formerly from 36. E. 3. until 12. R. 2. it was grounded upon the statute of 36. E. 3. ca 12. wherein express mention was made of the special times wherein the Sessions of the peace should be holden, I should have been of M. Lambards' opinion. 21. So as upon consideration of all the statutes and of the Commission, I am of opinion clearly that the general Sessions of the peace held quarterly, although at other times than are mentioned in the said statute of 2. H. 5. are holden by good warrant and authority, and are both general, principal, open and Quarter sessions within the meaning of all the said statutes, and maketh not any nullity of the Acts done therein, neither are the justice's punishable for not observing the time appointed by the said statute of 2. H. 5. because the Commission doth dispense with the statute in that point, yet notwithstanding I could wish that the justices of peace by reason of their oath would be careful to hold their Quarter Sessions at those appointed times. Of the Special Sessions of the Peace. CHAP. 21. 1. THe special Sessions of the peace do from the general, in this chief, that they be holden at other times when it shall please the justices themselves, or any two of them (the one being of the Quorum) to appoint them upon any special occasion. And this power they have, not only by the Commission, but also by the statute 2. H. 5. c. 4. which alloweth them to do it more often then the four times, if need do so require. 2. Lamb. li. 4. pag. 623. They be also (for the most part) summoned for some special business, and not directed to the general service of the Commission: And yet there is no doubt, but that all the Articles within the Commission of the peace, are both inquirable and determinable at any special Sessions of the peace, if the justices shall so please. 3. M. Fitzh. useth a third difference between the general and special Sessions of the peace: What things be inquirable at the special Sessions of the Peace. affirming, that whereas at the general Sessions, the justices of P. aught of duty to give in charge, all matters (within the Commission or statutes) that are to be determined before them: yet nevertheless at the special Sessions they are at liberty to give in charge, either all or any of them, Ibid. as it shall seem good unto themselves. The form of the precept for Summons of a special Sessions may be thus. R. B. Miles I.L. & T.M. armigeri justiciarij (inter alios) Domini Regis nunc ad pacem in Comitatu Dublin conservandam assignati, Nec non ad diversas felonias, etc. vicecomiti comitatus pradicti salutem. Ex parte dicti Domini regis praecipimus firmiter injungentes, quod non omittas propter aliquam libertatem infra Baroniam de U. & N. aut eorum aliquod in Comitatu praedicto, quin venire facias coram nobis apud L. infra Baroniam de V. praedict. X. die August. proximè futuro xxiv. probos & legales homines de eisdem Baronijs ad inquirendum tunc ibi, pro dicto Domino Rege, tam super quibusdam articulis in statuto in Parliamento nuper Reg. Edwardi tertij, Anno regni sui vicessimo tertio edit. Artifices, laboratores, servientes, & apprenticios concernentibus, quam super articulis quibusdam in statuto in Parliamento nuper Reg. H. 8. Anno regni sui 33. tent. edit. Roguos, Vagabundos, validos, mendicantes & alios pauperes tangentibus: Proclamari etiam facias in idoneis locis per Baronias praedictas quod omnes qui versus praedictos artifices, laboratores, servientes, apprenticios, roguos, vagabundos, validos, mendicantes & alios pauperes seu eorum aliquos conqueri voluerint sint tunc ibidem coram nobis ad prosequendum versus eos parati. Et sis ibi tunc vel vicecomes tuus, habens nomina juratorum praed. & hoc nostrum breve. Testibus nobis R. B. I. L. & T.M. apud K. in Comitatu praedicto ultimo die Martij, Anno Regni Domini nostri Caroli Dei gratia, Angliae, etc. regis, etc. Of the Rewards and punishments due to the justices of Peace in respect of their Sessions. CHAP. 22. 1. Whilst it was at the liberty of the justices of peace to hold their quarter Sessions as short time as they would, the law did not allow them any wages for their pains: But when the statute (13. R. 2. ca 10.) had bound them (under pain of punishment) to continue their Sessions three days together (if the affairs of their office did so require) the same statute thought it meet also, The wages of the Iust. of the P. at the quarter Session. to allow to every of them iiij.s. by the day, for the time of their Sessions, to be paid by the hands of the Sheriff out of the Fynes and amerciaments rising of the same Sessions: and that the Lords of Franchises should be contributories to those wages, after the proportion of their parts of the said Fines and Amerciaments. 2. But because it was very dilatory for the justices of peace to take those wages at the hands of the Sheriff (as I have already touched) upon the Estreat sent out of the Exchequer: And for that also it grew in question, whether such Lords as were named in the Commission of the peace should be partakers of the same wages: the statute (14. R. 2. ca 11.) did plainly provide, that the wages of these justices should be levied and paid by the Sheriff upon estreates indented between the Sheriff and them: And that no Duke, Earl, Baron or Baronet (albeit they were justices of the peace, and did hold their Sessions with other eight justices) should take any wages for their office in their behalf. 3. And hereof also M. Mar. collecteth that how many soever Commissioners of the peace there shall be assembled at these Sessions: yet only eight of them shall receive the wages: because (saith he) that at such time as these wages were first appointed, the Law did take knowledge and make allowance only of eight justices and no more. And he also maketh it doubtful, whether it be not in the power of the Barons of the Exchequer, to appoint which eight, when more be assembled at the Sessions, shall have the wages paid unto them. 4. For the first point, it would be somewhat hard (indeed) to strain that statute so fare, as to give wages thereby to so many justices as be now at these days in every Shire, and would be present at the Sessions: and concerning the latter point, it seemeth by the latter Statute itself, that the sheriff shall first pay the wages, and then the Barons shall make the allowance according to the Indenture: So that I see no liberty of such nomination left unto the Barons. 5. I confess that it might breed both offence against the Sheriff, and a jealousy among the justices themselves, to have one of them preferred before another in this payment: and therefore I think it wisely done (as it is somewhere used) to bestow the whole allowance upon the defraying of their Common Diet. 6. If the Fynes and Amerciaments of the same sessions (saith M. Marr.) will not fully amount to the sum of the wages then due to the justices, yet shall the wages be ratably paid out of them so fare as they will extend. 7. Hitherto of reward, henceforth of punishment. Punishment at the Common Law. It seemeth by the opinion of some justices (2. R. 3. 10.) that if a justice of the peace do any thing of Record ignorantly, and for want of knowledge, that he shall not be punished for it. Lamb. li. 4. pag. 630. And this opinion of theirs is not new in this realm, although it be otherwise truly said, Imperitia quoque culpae adnumeratur: for you may read in the old laws of King Edgar (cap. 2.) and of King Canut. (cap. 14.) that if a judge had erred in his office, he might then have excused himself by oath; That he did it not of evil mind, and that he knew not how to do better: which I speak not to comfort men in careless ignorance, but to show you that men may err and (erring by infirmity) they are not altogether unworthy of pardon: and withal to let the justices of peace see, that it may be a fault to err by ignorance, and that therefore they ought to stay (where they meet with non liquet) as their own Commission doth direct them. 8. Now on the other side, if a justice of the peace will craftily embezzle an Endictment or wilfully raze any part thereof, or maliciously unroll (or file) that for an Endictment which was never found by the jury. Then by the Resolution of all the justices assembled before the King in the Starrechamber, 2. R. 3. a Commission may go out to inquire (by the oaths of twelve men) of such his misdemeanour, and if he be convicted thereof, he deserveth to lose his office, and to make Fine to the King according to the quantity of his misprision and offence, Ibidem fol. 10. And even so may he be punished (as this book leadeth me to think) if he altar an Endictment of Trespass, into an Endictment of Felony, howsoever the opinion (27. lib. Ass. pl. 18.) be found against it. 9 A justice of the peace may also be indicted of the unlawful taking of money for doing his office, or of such other falsity, Fitzh. Na. b. 243. And if he cause a man to be indicted at the Sessions by former conspiracy, or indirect practice, he is punishable for it, as a private man. 21. E. 4. 67. 10. But if (in the handling of a cause at the open Sessions) it happeneth him to speak against an offendor somewhat excessively, yet he shall not be punished for it. juris enim executio non habet injuriam: Nevertheless, judges ought not to abuse their tongues by intemperance, but they must rather take great heed (as Cic. pro Font. said) Quibus verbis utantur, nè quid nimis moderatè positam, nè quid ab aliqua cupiditate prolapsum verbum esse videatur. FINIS. A brief Roll of the Articles and matters to be given in Charge and inquired of by the Grand-Iury in the general or quarter Sessions of the peace, set forth in two Columns: the first containing the Offences, the second declaring the several punishments which are to be inflicted for every particular Offence. The offences consist of these five parts following. viz. 1. Of Treasons. 2. Of Felonies. 3. Of Misprisions. 4. Of Praemunires. 5. Of Finable Offences. 1. Concerning Treasons, it is to be observed that at the Common Law before the tenth year of King Henry the seventh, there were two sorts of Treasons, viz. high Treason and petty Treason: but now by the statute of 10. H. 7. ca 21. all such offences as at the Common Law were but petty Treason are made high Treason. 2. Concerning Felonies, they be of too sorts: viz. Felonies of death, for which the offendor shall lose his life, lands, and goods; and felonies not of death, for which the offendor shall neither lose life nor lands, but shall forfeit only his goods and chattels: and either have his pardon of course, or otherwise be punished by imprisonment, whipping, or burning in the hand, as the case shall require. 3. Concerning Misprisions, they be of three sorts: viz. Misprisions of Treason, Misprisions of Felony, and other Misprisions. 4. Concerning Praemuniries, they are of two sorts: the one is the extolling of foreign power and jurisdiction in this Kingdom: the other is for prosecuting causes in the Ecclesiastical Courts for matters merely temporal, and determinable at the Common Law. 5. Concerning Finable Offences, they are of four sorts: viz. First, Offences of force and violence; Secondly, Offences of fraud and deceit; Thirdly, Offences of Omissions, and neglects of Officers and others; and lastly, other abuses and enormities of several sorts tending to the hurt and prejudice of the Commonwealth. The particulars of all these Offences you shall find in the first Column, and of the punishments in the second, as followeth, viz. The Offences. The Punishments. First, of Treasons, viz. 1. The compass or imagining the death or destruction of the King's Majesty, the Queen or their son and heir apparent. 2. The conspiring to depose the King, or to take from him any of his Forts, or to defeat his Army. 3. The deflowering of the Queen, or the eldest daughter of the King not married, or the wife of the eldest son and heir apparent of the King. The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to be drawn and hanged, and for a woman to be burned; and for all the rest, for a man to be hanged, drawn and quartered, and for a woman to be burned, vide Coke, libro Intrationum fo. 360. 6. El. Dy. fo. 230. p. 55. 1. H. 6. fo. 6. & Stamford fo. 32. f. 4. Levying of war against the King in his realm. 5. Adhering to the King's enemies in his realm or giving them aid or comfort in his Realm or elsewhere. 6. The counterfeiting of the great or privy seal of the King. 7. The counterfeiting, clipping, fyleing, washing or other falsifying of the King's money, and also the forging and counterfeiting of foreign Coin permitted to pass currant in this kingdom. 8. The bringing in of false money, like to the money of this kingdom out of another kingdom, knowing the same to be false and counterfeit. 9 Killing the Chancellor, Treasurer, or any justice of the one Bench or the other, or any justice in Eyre, or of Assize, or any other justice of Oyer and Terminer being in his place and doing his office. 10. Going into rebellion or standing upon their keeping, and being so upon their keeping, robbing, burning, or spoiling any of the King's subjects. 11. Wilful burning of houses or Rickes of Corn in the fields or villages. 12. Taking the name of O Neale or any thing by colour of that name or dignity. 13. Murder of malice prepensed. 14. Putting or receiving into Comricke. The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to be drawn and hanged, and for a woman to be burned; and for all the rest, for a man to be hanged, drawn and quartered, and for a woman to be burned. vide Coke, libro Intrationum, fo. 360. 6. El. Dy. fo. 230. p. 55. 1. H. 6. fo. 6. & Stamford fo. 32. f. 15. Sessing of horsemen or footmen by Lords or others upon the King's subjects without authority. 16. Causing of assemblies, insurrections or conspiracies, or in any wise procuring or stirring the Irish or English to make war against the King's Lieutenant, Deputy or justice, or in any manner procuring or stirring up the Irish to make war upon the English. 17. Extolling of foreign power or jurisdiction in this kingdom after two convictions. 18. Procuring or consenting to the committing of any high Treason, or relieving of any Traitor after the Treason committed, knowing the same. 19 Rescuing of Traitors which are arrested for suspicion of Treason. The punishment for the 6. 7. 8. 14. 15. 21. and 22. of these treasons for a man is to be drawn and hanged, and for a woman to be burned; and for all the rest, for a man to be hanged, drawn and quartered, and for a woman to be burned, vide Coke, libro Intrationum fo. 360. 6. El. Dy. fo. 230. p. 55. 1. H. 6. fo. 6. & Stamford fo. 32. f. 20. Voluntary escapes of Traitors which are committed for suspicion of Treason. 21. Breach of prison by any that is committed or arrested for Treason. 22. Breach of prison by any others whereby any that is committed for Treason doth escape, this is Treason aswell in the prisoner that escapeth as in him that broke the prison. Secondly, of Felonies which be of two sorts, that is, 1. Felonies of death. 2. Felonies not of death. First, Felonies of death, viz. 1. Manslaughter. 2. Rape. 3. Taking away any woman that hath any goods, or lands, or that is heir apparent to her father, by force with an intent to marry her. 4. Cutting out the tongue or putting out the Eyes of any maliciously. The judgement for all these Felonies of death is to be hanged. 5. Burglary, which is the breaking of any dwelling house, Church or gates of a City by night with intent to steal, kill, or to commit any other felony in the house, Church, or City. 6. The breaking of any dwelling house in the day time, and stealing any thing out of it that exceedeth the value of 12.d. 7. The robbing of a stall in a Fair or Market, and stealing any thing out of it that exceeds the value of 12.d. 8. Robbery which is the taking of any thing feloniously in or near the high way from the person of any whereby he is put in fear. 9 Cutpursses which feloniously take any thing above the value of 12.d. privily from the person of any. 10. Stealing of any goods or Cattles in the fields, or elsewhere above the value of 12.d. 11. Rescuing of felons which are arrested for suspicion of felony. The judgement for all these Felonies of death is to be hanged. 12. Breaking of prison by such as are committed for felony. 13. Voluntary escapes suffered by Gaolers, Constables, and such other persons as suffer any that is in their custody for suspicion of felony to escape. 14. Forging of false deeds by any after he hath been once convicted of forgery. 15. Taking distresses for debt, breach of promise, covenant, or such like, where no distress lieth by the law. 16. Taking of meat & drink against the will of the owner. 17. Taking of Cuddyes and Coyney. 18. The servant running away with his master's goods which were delivered unto him. 19 Conjuration or Invocation of evil spirits to any intent whatsoever. 20. Witchcraft and sorcery whereby any is killed or whereby any shall be hurt in body or goods the second time. 21. Marrying of a second wife or husband the former being alive. 22. Buggarie with man or beast. 23. Purveyors that take up men's goods without warrant or contrary to the statutes concerning Purveyors. 24. Acknowledging a judgement, Recognisance, statute, Fine, Recovery, or bail in the name of another without his privity. The judgement for all these Felonies of death is to be hanged. 25. Stealing, or taking up any reclaimed Hawk concealing it, and not bringing it to the Sheriff to be proclaimed. 26. Multiplying of gold or silver. 27. Hunting by night in any Park or Warren with vizards or painted faces, and not confessing the same upon examination before a justice of peace. 28. Soldiers departing from their Captain without licence after they have received pay. 29. Masons assembling to break the effect of the statutes of Labourers. 30. Bringing into this kingdom any summons, process, or excommunication against any person for executing the statute of provisions. 31. Gaolers causing their prisoners by duresse to become approvers, that is, to appeal others falsely. The judgement for all these Felonies of death is to be hanged. 32. The procuring of felonies or relieving of felons by receiving the stolen goods, or otherwise knowing of the felony. Secondly, Felonies not of death, viz. 1. Manslaughter in ones own defence. 1 The punishment of these two felonies of Manslaughter in ones own defence, and manslaughter by misfortune, is only the forfeiture of goods and chattels, and the offendor is to sue forth his pardon of course. 2. Manslaughter by misfortune. 2. 3. Petty Larceny under the value of 12.d. in a man, and under 10. s. in a woman. 3. The punishment of petty Larceny is forfeiture of goods and chattels, and whipping or imprisonment at the discretion of the judge, if it be under 12.d. & for women if it exceed 12.d. and be under 10. s. to be burnt in the hand, whipped, and imprisoned at the discretion of the justices, so as it exceed not a year. Thirdly, of Misprisions, which are of three sorts, that is, 1. Of Treason. 2. Of Felony. 3. Other Misprisions. First, of Treason, viz. 1. The punishment of these Misprisions of Treason is forfeiture of goods & chattels and the profits of lands during the life of the offendor, and perpetual imprisonment. 1. Concealment of Treason after knowledge of the same. 2. 2. Counterfeiting of foreign coin not currant in this Kingdom. 3. 3. The uttering of false money made within this kingdom, knowing it to be false and counterfeit. 1. The punishment of these Misprisions of Treason is forfeiture of goods & chattels and the profits of lands during the life of the offendor, and perpetual imprisonment. 2. 3. Secondly, of Felony, viz. 1. Concealing of any felony, and not revealing it to some magistrate speedily after notice had of it. 1. The punishment of Misprision of felony is by fine and ransom, and imprisonment at the discretion of the judge. Thirdly, other Misprisions, viz. 1. Offering to strike any justice sitting in judgement. 1. The punishment for offering to strike a justice sitting in judgement, or a juror in presence of the justice is forfeiture of lands, goods and Chattels, loss of his right hand, and perpetual imprisonment. 2. Striking a juror in presence of the justices. 2. 3. Striking of a Knight, or man of honour by any person of mean quality. 3. The punishment of striking of a Knight, etc. by one of mean quality in ancient time was the loss of his hand, but now it is used to be but fine and imprisonment, and bonds of the good behaviour. 4. Rescuing of a prisoner arrested by any of the King's justices sitting in judgement. 4. Rescuing of a prisoner arrested by a justice is forfeiture of lands, goods, and chattels, and perpetual imprisonment. Fourthly, of Praemuniries, which be of two sorts, viz. the one the extolling of foreign jurisdiction; the other for prosecuting of causes in the Ecclesiastical Courts which are mere lay causes, etc. 1. Exercising of foreign authority or jurisdiction in causes Ecclesiastical. The punishment of all these offences of Praemunire is forfeiture of lands, goods & chattels, and perpetual imprisonment. 2. Maintaining or publishing by word or writing that the Bishop of Rome hath or aught to have any authority or jurisdiction within the King's Dominions the second offence is a Praemunire. The punishment of all these offences of Praemunire is forfeiture of lands, goods & chattels, and perpetual imprisonment. 3. The purchasing of any provision, Bull or other process from the Court of Rome. 4. The obeying of any such process procured from the Court of Rome. 5. The prosecuting of any lay cause in any Ecclesiastical court which originally belongeth to the King's temporal Courts. Fifthly, Finable Offences, which are either of 1. Force. 2. Fraud. 3. Omission, or 4. Other abuses. First, Finable offences of Force, viz. 1. Riots, Routs, and unlawful assemblies. 1 For great Riots a great Fine and a years imprisonment at the least; For small Riots, Routs, and unlawful assemblies, besides the Fine, imprisonment in discretion. 13. H. 4. cap. 7. 2. Forcible Entries and forcible detainers. 2 Fine, ransom, and imprisonment, and restitution of possession, 15. R. 2. ca 2. 8. H. 6. ca 9 & 10. Caroli ca 16. 3. Assaults, Batteries, bloodsheds, Maihems, and all other Trespasses in lands and wrongful taking of goods. 3 Fine and imprisonment at the discretion of the judge. 4. Rescuing of distresses and pound breaches. 4 Fine and imprisonment at the discretion of the judge. 5. Riding or going armed in terrorem populi. 5 Imprisonment and forfeiture of the Armour. 2. E. 3. c. 3. 7. R. 2. ca 13. 20. R. 2. ca 1. 6. Lying in wait to kill or maihem. 6 Fine and imprisonment, and bonds of the good behaviour. Secondly, Offences of fraud and deceit, viz. 1. Extortions and oppressions by officers in taking more Fees than are due, or in exacting Fees where none are due. 1 Fine and imprisonment during pleasure. 2. Extortions and oppressions in Landlords and their servants in exacting of an Irish pretended duty called Loghtavy upon their Tenants. 2 The like punishment. 3. Escheators taking above xl.s. for an office. 3 To forfeit 40.l. 27. H. 6. ca 17. 4. Sheriffs, undersheriffes, and their Clerks entering of plaints in the County Court without notice of the plaintiff or dividing one contract or Trespass into several plaints. 4 Fine and imprisonment. 5. Sheriff's levying the King's debt without showing the party the Estreats under the seal of the Exchequer. 5 Fine to the King, triple damage to the party. 42. E. 3. ca 9 & 7. H. 4. ca 3. 6. Sheriffs or Gaolers that have denied to receive felons, or that take any thing for the receiving of them. 6 Fine and imprisonment, 4. E. 3. ca 10. 7. Coroners that exact more Fees for taking an Inquisition upon the view of a body murdered or killed then 13. s. 4. d. which is to be paid of the goods of the offendor, or of the Towneship where the offence was committed in the day time if the offendor have escaped. 7 Forfeiture of 5.l. 3. H. 7. ca 1. 8. Ordnaries or their officers which take more Fees for the probate of Testaments & granting of letters of administration than is appointed for them to take by the statute in that case provided. 8 Forfeiture of 10. l. 28. H. 8. cap. 18. in Hibernia. 9 Clerks of the peace that take above 12. d. for the enrolling of a bargain, and sale where the land doth not exceed xl.s. per annum, and where it exceedeth that sum 2. s. 6.d. 9 Fine and imprisonment. 10. Caroli, cap. 1. in Ireland. 10. Clerk of the Market that taketh any bribe to dispense with offences, or tarryeth any longer in the country than the necessity of the business requireth. 10 Fine and imprisonment. 11. Mayors and chief officers of towns and corporations that take excessive Fees for scaling of measures & weights. 11 Forfeiture of 40. s. 7. H. 7. c. 3. 12. Purveyors that take any Bribe to spare any man, or take corn by any other measure then the striked bushel, or take carriages without ready payment. 12 Two year's imprisonment, triple damage and ransom, 15. E. 3. cap. 1. 36. E. 3. c. 3. & 1. H. 5. cap. 10. 13. jurors that take any thing to make their presentments favourably. 13 Imprisonment and ransom, 5. E. 3. c. 10. & 34. E. 3. ca 8. & 38. E. 3. cap. 1. decies tantum. and if he have not to pay a years imprisonment. 14. If any have gotten into his possession any money or other goods by any false token or counterfeit letter. 14 Great fyne and to be bound to the good behaviour. 15. Packing of fish deceitfully, and mixing small fish with the countable fish. 15 Forfeiture for every vessel 6. s. 8.d. 22. E. 4. ca 2. 16. Cowpers that make vessel for Bear or Ale of unseasonable Timber. 16 Fine and imprisonment. 17. Miller's that take Toll by the heap. 17 Fine and imprisonment, 3. E. 1. p. Toll 2. 18. Maintenance of suits in Courts, and quarrels in the Country and Champerties. 18 Fine and imprisonment. 1. E. 3. ca 14, & 1. R. 2. ca 5. 19 Subornation of perjury. 19 Forfeiture of 40.l. and if the offendor be not worth so much half a years imprisonment, and to stand upon the pillory, and his testimony for ever to be disabled. 28. El. ca 1. in Ireland. 20. Perjury. 20 Forfeiture of 20.l. six months' imprisonment, and if the offendor have no goods to the value, to be set upon the pillory, and both his Ears nailed to the same, and his testimony to be disallowed forever. 28. El. ca 1. in Ireland. 21. Forestallers, Regrators, and Engrossers of Corn and other things. 21 The Forestallers for the first offence are to forfeit the thing bought or the value of it, and also to be amerced; for the second, to be set upon the Pillory; for the third, to be imprisoned and ransomed, for the fourth, to abjure the town, by the statute of 31. Ed. 1. rastal, Forestallers 1. And for the Regrators and Engrossers they are to be punished only by Fine and imprisonment as for a Misdemeanour at the Common law. 22. Forgery, and publishing of forged deeds and writings. 22 To be punished by Fine and imprisonment as for a misdemeanour at the Common Law, for justices of peace have not power to inflict the punishment ordained by the statute of 28. El. ca 4. but that is to be inflicted by the justices of Assize, or in the King's Bench. 23. Using of false weights and measures. 23 Fine and ransom. 9 H. 6. cap. ●. 24. Breaking of the Assize of bread and drink. 24 The first, second, and third offence amerciament, the fourth the pillory for the man, and Tumbril for the woman Baker, and the Tumbril for the Brewer. 51. H. 3. Rastal, weights 2. 25. Selling or setting to sale any manner of unwholesome or corrupt meat or drink. 25 Fine and imprisonment. 26. Artificers, as Tanners, Shoemakers, Clothiers, Dyers, and all other Tradesmen, making of their manufactures or using of their Trade deceitfully. 26 Fine and Imprisonment. 27. Goldsmith's working of base mettle, or using any other deceit in their Trade. 27 To forfeit the value of the thing wrought, and for gild upon base mettle 10. times the value. 2. H. 5. ca 4. and 8. H. 5. c. 3. 28. Embracery of jurors. 28 To forfeit ten times as much as was given by way of embracery and imprisonment. 5. E. 3. cap. 10. 29. Bribery and corruption in officers, or ministers of justice. 29 Fine and imprisonment. 30. Conspiracies in Tradesmen, Labourers and servants not to work at the rates published by the justices of peace. 30 Fine and imprisonment. 31. Conspiracies by colour of justice to take away any man's life maliciously without cause. 31 The villainous judgement, viz. imprisonment during life, the offenders testimony to be rejected, his house to be razed, his meadows ploughed, and his woods to be rooted up. 32. All other false and deceitful practices tending any way to the prejudice of the common wealth or perverting of justice. 32 Fine and imprisonment, and bonds of the Court. Thirdly, Offences of Omission, viz. 1. Constables not setting forth, nor pursuing Hue and Cry after felons and Traitors. 1 Fine and imprisonment. 13. E. 1. ca 1. & 2. Statute de Winchester. 2. Constables not apprehending and punishing of Rogues and sturdy beggars and others that beg without licence, or having licences beg out of their limits appointed for them to beg in. 2 Fine and imprisonment. 33. H. 8. ca 15. in Ireland. 3. Constables not setting the watch, or not endeavouring to part an affray. 3 Fine and imprisonment, by 5. Ed. 4. ca 5. the fyne is to be 3.d. for every day. 4. Constables not making search for idle and suspected persons, and common gamesters that live idly and expensively having no means to maintain themselves. 4 Fine and imprisonment. 5. Constables that neglect or refuse to search for or apprehend felons or Traitors upon request or notice given them. 5 Fine and imprisonment. 6. Constables, and all other officers that refuse or neglect to execute the warrants of any justice of peace directed to them. 6 Fine and imprisonment. 7. Such persons as will not follow Hue and Cry at the Constable's command. 7 Fine and imprisonment, by the statute of Winchester, 13. Ed. 1. ca 1. & 2. 8. Such persons as will not assist the Constable to make search for and apprehend Felons or Traitors, and other suspected persons, and to convey prisoners to the gaol or before a justice of peace. 8 Fine and imprisonment. 9 Such persons as refuse or neglect to keep watch when they are required by the Constable. 9 Fine and imprisonment. 10. Such Towneships as suffer sturdy beggars, Rogues and Vagabonds to pass without punishment. 10 For every impotent beggar 3. s. 4.d. and for every sturdy beggar 6. s. 8.d. forfeiture. 11. Such Towneships as have not stocks & common pounds. 11 Fine. 12. Such servants, Artificers, and labourers as refuse to serve, work, or labour at the wages rated by the justices of peace or that shall take more wages then according to the rates published by the justices of peace. 12 Forfeiture of so much as they take above the rate, and imprisonment at the discretion of the justice of peace. 33. H. 8. ca 9 in Ireland. 13. All such as are Idlers and will not labour at all, and yet have nothing to maintain themselves. 13 Imprisonment until they find sureties to labour, or be of good behaviour. 14. All defects of Bridges, Causeyes and highways. 14 Fine. 15. The neglect of Churchwardens and Constables in not choosing Surveyors for the highways. 15 Fine and imprisonment according to the statute of 11. jacobi ca 7. in Ireland. 16. The neglect of the Surveyors of highways in not executing that office as they ought to do. 16 Forfeiture of 10. l. by the statute of 21. jacobi ca 7. 17. The neglect of such as do not labour six days at the appointment of the Surveyors for the amending of highways according to the statute in that case provided. 17 Forfeiture of 20. s. for default of every wain or Cart with two men to be sent by everyone that hath 5.l. in goods or 40. s. in lands for every day, and for Cottiers and such as have no Cart 2. s. every day, by the said statute of 11. jacob. ca 7. 18. The neglect of such as do not scour their ditches, nor cut their paces, by reason whereof the highways are impaired. 18 20.l. forfeiture, per 11. jacob. ca 7. in Ireland. 19 The neglect of all officers whatsoever, whereby the Commonwealth receiveth any prejudice. 19 Fine and Imprisonment. 20. The neglect of repairing to the Church to hear divine Service upon Sundays and Holidays. 20 For every Sunday or Holiday 12. d. 1. El. ca 2. in Ireland. 21. Such persons as shall refuse to be assistant to the justices of peace Commissioners, Sheriff, or undersheriff when they shall be required to aid them to arrest the offenders of riots, routs & unlawful assemblies. 21 Fine and imprisonment. 22. Ordinaries, not giving an oath to Incumbents to keep Schools in their parishes to teach English. 22 To forfeit for every offence 3.l. 6. s. 8.d. 28. H. 8. ca 15. in Ireland. 23. Incumbents not keeping Schools in their parishes to teach English. 23 To forfeit for the first time 6. s. 8.d. for the second 20. s. and for the third time to lose their benefices. 28. H. 8. ca 15. in Ireland. Fourthly, Other abuses and enormities, viz. 1. Profaning of the Sabbath by keeping Fairs and markets, by manual labour, by plays and haunting Taverns and Alehouses upon the Sabbath day. 1 Imprisonment and to be bound to the good behaviour. 2. Keeping of Fairs or Markets in Churches or Churchyards. 2 Fine and imprisonment, 13. E. 1. Statute de Winton. 3. Depraving the book of Common prayer by words or by writing or using any other common prayer, or administration of Sacraments than is prescribed in that book. 3 For the first offence the profits of all the offenders spiritual promotions and six months' imprisonment, for the second offence deprivation & a years imprisonment; for the third time imprisonment during life, and deprivation in spiritual persons, For lay persons for the first offence a years imprisonment, for the second offence imprisonment during life. 2. El. ca 2. in Ireland. 4. Disturbing the Minister in execution of his function according to that book. 4 To forfeit for the first offence 100 marks or six months' imprisonment; For the second offence 400. marks or 12. months' imprisonment. For the third offence all his goods and chattels, and imprisonment during life. 2. El. ca 2. in Ireland. 5. Cursing and swearing. 5 For every time 12. d. 10. Caroli, cap. 1. in Ireland. 6. Common turbulent drunkards. 6 Imprisonment, Fine, and bonds for the good behaviour. 7. Common Adulterers. 7 Imprisonment, and bonds for the good behaviour. 8. Keepers of common Baudie-houses, and such as frequent them. 8 Imprisonment, Fine, and Bonds for the good behaviour. 9 Keepers of common gaming houses and common gamesters. 9 Imprisonment, Fine, and Bonds for the good behaviour. 10. Alehouse-keepers that keep misorder in their houses. 10 Imprisonment, Fine, and Bonds of the good behaviour. 11. The kill of young Spawn and Fry of Salmon and Eels. 11 Forfeiture of 40. s. and of the Nets and Engines. 10. Caroli ca 14. in Ireland. 12. The taking away of young women under the age of sixteen years, or marrying of them without the consent of their parents or Tutors. 12 Imprisonment by the space of two years, and if the offendor shall marry her, imprisonment by the space of five years 10. Caroli, ca 17. in Ireland. 13. Ploughing by the Tail, and pulling the wool off living sheep. 13 Fine and imprisonment, 11. Caroli ca 15. in Ireland. 14. Burning of Corn in the Straw. 14 Fine and imprisonment, 11. Car. ca 17. in Ireland. 15. Coshering and idle wand'ring. 15 Imprisonment and bonds of loyalty or of the good behaviour at the discretion of the justices of Peace, 11. Caroli ca 16. in Ireland. 16. Selling of Wine, Ale or any other liquor within any City or Town Franchised by measures not sealed. 16 Forfeiture 10. s. 28. H. 6. ca 3. in Ireland. 17. Wearing of Irish apparel and not using the English habit and language. 17 For every Lord Spiritual and Temporal 6.l. 13. s. 4.d. For every Knight and Squire 40. s. For every Gentleman or Merchant 20. s. For every Freeholder and yeoman 10. s. For every Husbandman 6. s. 8.d. And for all others 3. s. 4.d. for every offence, 28. H. 8. cap. 15. in Ireland. 18. Leasing of Corn in harvest by such as are able to labour, and permitting of it by the owners. 18 For every time offending to lose the Corn and to forfeit 12.d. and the owner of the field that willingly shall suffer such leazers to forfeit for every time 12.d. 28. H. 8. ca 24. in Ireland. 19 Such as keep Inmates in harvest that leaze Corne. 19 Forfeiture 6. s. 8.d. 28. H. 8. ca 24. in Ireland. 20. The rescuing of Swine kept upon any Strand, where the Sea doth ebb and flow, from him that shall seize upon them as forfeit. 20 Fine and imprisonment, 11. El. ca 3. in Ireland. 21. Laying of Hemp, Flax, or limed Hides in any fresh river. 21 Forfeiture of the Hemp, Flax & Hides, or the triple value of the same, 11. El. ca 5. in Ireland. 22. Stopping or straightning of any common way. 22 Fine and imprisonment. 23. Stopping or diverting of any watercourse, whereby any common way or passage is annoyed. 23 Fine and imprisonment. 24. Casting of dung or any other thing into any common street or way, which doth in any sort annoy the passage. 24 Fine and imprisonment. 25. The buying of Hides, Fels, Chequers, Flegs, Yarn, Linen cloth, wool and Flocks by Grey Merchants to sell again, in any other place but in Market or Fair. 25 To be punished as a Forestaller, vide supra, Forestaller, 33. H. 8. ca 2. in Ireland. 26. Sheriff's letting their Bailiwickes' to Farm. 26 Forfeiture 40.l. 23. H. 6. ca 10. 27. Sheriff's refusing to let men to bail that are bailable. 27 To forfeit 40.l. to the King and triple damage to the party. 23. H. 6. ca 10. 28. Sheriff's levying Fynes or amerciaments by reason of any indictment or presentment in his Turn Court without process from the justices of peace, or that have not brought in such presentments or indictments to the next general Sessions of the Peace. 28 To forfeit 40.l. 1. E. 4. ca 2. 29. Undersheriffes, Bailiffs of liberties, and others that take upon them to return panels or Talls, or meddle with the execution of process before they take the oath for the true execution of their offices according to the statute of 10. Caroli. 29 To be fined to the King in 40.l. and pay triple damages to the party grieved. 10. Caroli ca 18. in Ireland. 30. Undersheriffes, Bailiffs, and others that do any thing contrary to the said oath. 30 Fine to the King 40.l. triple damages to the party grieved. 10. Carol. ca 18. in Ireland. 31. Purveyors that take any thing of the value of 40. s. or under, without making ready payment. 31 To forfeit the value to the party, and lose his office. 2. H. 4. ca 14. 32. Artificers, Labourers or lay men that have not lands worth 40. s. per annum, nor priests that have not 10.l. per annum that shall keep any Greyhound or other Dog to hunt, or use any Ferrets, Nets, or other Engines to kill Dear, Hares, or Coneys. 32 A years imprisonment. 13. R. 2. ca 13. 33. Constables that have not given assistance to the owners of goods to resist Purveyors that take goods under the value of 40. s. without paying for the same; and any of the King's officers that have procured any to be arrested or vexed for such resistance. 33 Forfeit of 20.l. by the officer of the King, and the Constable the value of the thing, and double damage to the party. 20. H. 6. ca 8. 34. If any man have raised Hue and Cry without cause, or being raised upon good cause have not pursued to arrest felons, Traitors, or such as have dangerously hurt any man, or if the Sheriff, or any of his bailiffs, have not followed such Hue and Cry with horse and Armour. 34 Fine and imprisonment. 35. If any person arrested or imprisoned for felony or Treason have by negligence been suffered to escape. 35 Fine and imprisonment. 36. Giving Liveries and retaining of those which are not household servants. 36 Imprisonment, Fine, and ransom, the retainer to lose 5.l. and the party retained likewise to lose 5.l. for each month. 1. R. 2. ca 7. 16. R. 2. ca 4. 20. R. 2. ca 1. & 2. 1. H. 4. c. 7. 7. H. 4. ca 14. 37. If any person having store of Corn of his own do buy Corn in the market. 37 Fine and imprisonment as a Regrator. 8. Ed. 4. ca 2. in Ireland. 38. If any Bu●cher, Fishmonger, Inn holder, or other seller of victuals have not sold the same at reasonable prices, and for moderate gain. 38 To lose the double value of that they received. 23. E. 3. ca 6. 39 Tile-makers that have not digged and cast up earth till after the first of November and have not turned it until after the first of February, or if he have wrought it before the first of March. 39 To lose the double value. 17. Ed. 4. ca 4. 40. Tile-makers that make or any person that putteth to sale my plain Tile under Ten Inches and a half in length, six inches and a quarter in breadth, and half an Inch and a quarter in thickness, or any Roof Tyle under 13. Inches in length and half an Inch and half a 40 For every hundred of plain Tile 5. s. for every hundred of Roof tile 6. s. 8.d. and for every hundred of Gutter tile. 2. s. 17. Ed. 4. ca 4. quarter in thickness with convenient deepness, or any Gutter Tile under ten Inches and a half in length with convenient thickness, breadth and depth. For every hundred of plain Tile 5. s. for every hundred of Roof tile 6. s. 8.d. and for every hundred of Gutter tile 2. s. 17. Ed. 4. ca 4. 41. If any searchers appointed for the oversight of the true making of Tile have not done their endeavour and diligence in that behalf. 41 For every default 10. s. 17. E. 4. cap. 4. 42. Disturbing the execution of the statute against Rogues and sturdy beggars, etc. 42 Forfeiture of 5.l. 33. H. 8. ca 15. in Ireland. 43. Sheriffs that do not appoint four deputies at the least to make Replevins not twelve miles distant one from another. 43 Forfeiture of 5. l. 10. Carol. ca 15. in Ireland. 44. Gaolers taking fees of Servants, Artificers or Labourers that refuse to serve. 44 Forfeiture of 10. l. to the King, and 5.l. to the party. 45. Libelers and raisers of scandals upon Magistrates and Ministers of justice, and such like. 45 To be bound to the good behaviour, and to be fined and imprisoned. 46. Common Baretters, Eavesdroppers, and sowers of disention amongst neighbours. 46 Fine and imprisonment, and bonds of the good behaviour. 47. Spreaders of false news. 47 Imprisonment until the offendor produce his author, and if he cannot produce an author then to be punished at the discretion of the court. W. 1. ca 33. 2. R. 2. ca 3. & 12. R. 2. ca 11. 48. Common scolds. 48 To be put on the Cockingstoole. 49. Keeping Dogs accustomed to kill sheep. 49 Fine and imprisonment. 50. Extolling of foreign jurisdiction in this Realm. 50 Forfeiture of all the offenders goods & chattels, and if he have not goods to the value of 20. l. then besides the forfeiture, a years imprisonment without bail, etc. 2. El. ca 1. in Ireland. 51. Hearing of Mass. 51 For the first offence to be fined 100 marks, for the second 400. marks, for the third forfeiture of goods and perpetual imprisonment. 2. El. ca 2. 52. Usury above X. per centum. 52 Fine and Imprisonment. 10. Caroli cap. 22. FINIS. SEVERAL PRECEDENTS COMPREHENDED under these five heads, viz. 1. Of Treasons. 2. Of Felonies. 3. Of Misprisions. 4. Of Praemunires. 5. Of Finable Offences. The Finable Offences being many, and of several kinds, are divided into these four parts, viz. 1. Of Force. 2. Of Fraud. 3. Of Omission. 4. Of other Abuses. Also upon the Margin of every Indictment you shall find a brief note of the judgement that is to be given upon every such Indictment. These Precedents do not only concern the exercise of the office of Clerks of the Peace in the several Counties of Ireland, but also the exercise of the offices of the Clerks of the Crown of the several Circuits, and the Clerk of the Crown in the Court of Chief place, commonly called the King's Bench. 1. The Indictments of Treason of several sorts. 1. The Indictment and whole Record of the attainder of Connor o Devenne of Treason for counselling and adhering to Rebels. Downess. Hillarii 9 jacobi rot, primo in Capitali placea Hib. MEmorandum quod alias scilicet per quandam Inquisitionem captam apud Newry in praedicto Com. Downe, decimo quinto die januarij Anno regni Domini jacobi nunc Regis Angliae, Franciae & Hiberniae, etc. nono, & Scotiae quadragessimo quinto, coram jacobo Hamilton mil. Fulcone Conway mil. Arthuro Magnesse mil. Hugone Mountgomery mil. johanne Walker Ar. Attorn. dict. Dom. Regis provinciae suae Ultoniae, Arthuro Hawkes Ar. & Marmaduco Whitchurch justice. & Commiss. dicti Don. Regis assignat. & legitime authorisat. virtute Commissionis ejusdem Domini Regis sub magno sigillo suo Hiberniae eye direct. geren. dat. apud Dublin. decimo sexto die Decembris, Anno regni dicti Dom. Regis Angliae, Franciae & Hiberniae nono, & Scotiae quadragessimo quinto supradict. ad inquirend'. per sacrament. probor. & legalium hominum de praedict. Com. Down, de omnibus & singulis prodition. murdr. homicide. incend. illicit. assemblation. fellow. rober. oppressionibus, transgressionibus, criminibus, contempt. offenc. malefactis & causis quibuscunque, tam contra pacem & communem legem dicti Domini regis vel aliquorum progenitor. dicti Dom. regis, quam contra formam alicujus statuti, Actus, ordination. sive provis. antehac fact. edit. ordinat. sive confirmat. per quemcunque sive quoscunque, infra hoc regnum Hiberniae, vel extra limites ejusdem in partibus ultra mare, aliquo modo fact. commiss. sive perpetrat. aut imposterum faciend. committend. sive perpetrand. eaque omnia audiend. examinand. discutiend. & exequend. (prout per eandem Commiss. pleniùs liquet & apparet.) per sacram. duodecim proborum & legalium hominum Com. Down praedict. compertum existit, quod cum Hugo nuper Comes Tyrone, & Brianus Mc Art o Neale cum diversis alijs nequissimis & sceleratissimis proditoribus Dominae Elizabethae nuper Reginae Angliae, Franc. & Hiberniae, Deum prae oculis suis non habentes, nec debitum ligeautiae suae erga eandem nuper Reginam considerant, sed instigatione diabolica totaliter seduct, primo die januarij, Anno regni ejusdem nuper Reginae quadragessimo quarto, & diversis alijs diebus & vicibus tunc praeantea, ut falsi proditores & rebellatores ipsius nuper Reginae, seips●● apud Downe in Com. Down praedict. & ad diversa alia loca in eodem Com. proditory congregaverunt, & adtunc & ibidem, falso & proditory conspiraverunt, imaginaverunt, & inter se proposuerunt praefatam nuper Reginam Elizabetham de tunc regia potestate & gubernation suis hujus tunc regni sui Hiberniae penitus deprivare & deponere, ac gubernationem ejusdem tunc regni sui, contra voluntatem ipsius nuper Reginae, super seipsos sumere & accipere, & penes eos detinere, Ac ad illud falsum proditorium & sceleratissimum propositum suum prosequend. promovend. & perimplend. praedicti Hugo nuper Comes Tyrone, & Brianus Mc. Art. o Neale, simul cum praedictis alijs nequissimis & sceleratissimis dict. nuper Reginae proditoribus, die & anno supradictis, apud Down praedict. in praedict. Com. Down, & apud diversa alia loca in eodem Com. Downe, cum diversis armamentis bellicis, viz. scutis, lanceis, jaculis, gladijs, bombardis & alijs armis tam offensivis quam defensivis, scipsos proditoriè armaverunt & muniverunt, & sic modo guerrino arraiati & armati voluntariè, illicitè, & proditoriè insurrexerunt, & diversos ligeos praedict. nuper Reginae ad rebellionem contra eandem nuper Reginam, adtunc & ibidem, proditoriè moverunt & incitaverunt, ac guerram publicam & crudele bellum contra dictam nuper Reginam, & fideles subditos suos in dict. Com. Down tunc existen. die & anno supradict. & diversis alijs diebus & vicibus antea, apud Down praedict. in praed. Com. Down, & apud diversa alia loca infra eund. Com. Down, vi & armis praed. falso, proditoriè, & sceleratissimè levaverunt, erexerunt, & manutenuerunt, ac diversos ligeos & fideles subditos dict. nuper Reginae tunc ibidem existen. in pace dei & ejusdem nuper Reginae, voluntariè, felonicè, proditoriè, & ex malitijs suis praecogitat. murdraverunt & trucidarunt; Ac diversa bona & catalla dictorum fidelium subditorum praefatae nuper Reginae de eisdem subditis adtunc & ibidem felonicè de praedaverunt, ceper. asportaver. & abduxerunt, Necnon diversa domos, grana, frument. & segetes eorundem fidelium subditorum praefatae nuper Reginae, adtunc & ibidem, voluntariè, malitiosè, & proditoriè combusser. & incendijs penitus devastaverunt; Et alia quamplurima nefanda & sceleratissima facinora & acta rebellionum contra praefatam nuper Reginam, adtunc & ibidem, voluntariè, malitiosè, & proditoriè commiserunt & perpetraverunt, contra pacem praedict. nuper Reginae, coronam & dignitatem suas, ac contra formam diversorum statutorum adtunc & adhuc in pleno vigore in hoc tunc regno suo Hiberniae existen. in hujusmodi casu edit. & provis. Quidam tamen Connoghor O Devenne nuper de Downe in praedict. Com. Down Clericus Deum prae oculis suis tunc non habens, nec debitum ligeantiae suae erga dictam Dominam nuper Reginam Elizabetham, tunc supremam Dominam & indubitatam reginam hujus regni Hiberniae considerans, sed instigatione diabolica totaliter seductus, praedict. primo die januarij, Anno regni ejusdem nuper Reginae Angliae, Franciae, & Hiberniae quadragessimo quarto supradict. & diversis alijs diebus & vicibus ante eundem diem, & ante praedictas seperales proditiones per praefatos Hugonem nuper Comitem Tyrone, & Brianum Mc. Art. O Neale, & praedictos alios sceleratissimos proditores in forma supradict. commiss. & perpetrat. apud Down praedict. in praedicto Com. Downe & apud diversa alia loca in eod. Com. Down, ut falsus proditor praedictae nuper Reginae Eilzabethae, proditoriè consuluit, abbettavit, & confortavit praedictum Hugonem nuper Comitem Tyrone, praedictum Brianum Mc. Art. O Neale & praedictos alios sceleratissimos proditores ad proditiones praedictas in forma supradicta perpetrand. & committend. ac dictis temporibus & locis proditionum illar. sic perpetrat. & commiss. praedictus Connegh●r O Devenne fuit proditoriè praesens cum praedict. Hugone nuper Comit. Tyrone & praedictis alijs sceleratissimis proditoribus, & dictis proditoribus proditoriè consuluit, & proditoriè adhaesit eidem nuper Comiti & dictis alijs proditoribus, ac ipsos auxiliatus fuit & manutenuit in executione, commissione & perpetratione praedictarum seperalium proditionum proditoriè, & contra pacem dictae nuper Reginae Elizabethae, coronam & dignitatem suas, & contra formam diversorum statutorum adtunc & adhuc in pleno vigore suo, in hoc tunc regno suo Hiberniae existen. in hujusmodi casu nuper edit. & provis. etc. Quod quidem indictamentum Dominus Rex nunc certis de causis nuper venire fecit coram ipso rege hic apud the Kings Courts ibidem terminand. Et postea scilicet die veneris prox. post Octab. Sancti Hillarij isto eodem Termino, coram dicto Domino Rege hic apud the Kings Courts venit praedictus Connoghor O Devenne in propria persona sua sub custodia Constabularij dicti Domini regis Castri sui Dublin (cujus custodiae idem Connoghor occasione praemissa antea commissus fuit) ad barram ductus, super quo instant. de premissis ei superius imposit. allocutus qualiter se velit inde acquietar. dic', quod ipse in nullo est inde culpabilis, & de hoc de bono & malo ponit se super patriam, etc. Ideo fiat inde inter Dominum regem & praedictum Connoghor O Devenne jurat. patriae, etc. Et super hoc praeceptum est vic. quod venire fac. eoram Domino Rege apud the Kings Courts die Martis prox. post Quindenam Sancti Hillarij xxiv, etc. Et jur. exact. ven. qui ad veritatem dicend. electi, triati & jurati dicunt super sacramentum suum quod praedictus Connoghor O Devenne est culpabilis de proditione praedicta, prout per indictamentum praedictum superius supponitur, Et quod bona seu catalla ter. seu tenementa ipsius Connoghor nulla, etc. Super quo instanter Serviens dicti Domini Regis ad legem, ac ipsius Domini Regis Attorn. pro eo quod praedictus Connoghor de proditione praed. ei superius imposita convictus est juxta debitam legis formam, petunt versus eundem Connoghor juditium, & executionem superinde, pro eodem Domino rege, habend. Et super hoc vis. & per Curiam hic intellect. omnibus & singulis praemissis, Consideratum est quod idem Connoghor ducatur per praefat. Constabular. a barra Curiae hic, judgement, to be hanged, drawn, and quartered, for a man; and for a woman, to be burned. usque ad dictum Castrum Dublin. & ibidem a cathenis suis libaretur, ac deinde per medium Civitat. Dublin. usque ad furcas ejusdem Civitatis trahatur, & ibidem suspendatur per collum, ac vivens ad terram prosternatur, ac membra sua secreta abscindantur, ac interiora ejus extra ventrem suum capiantur, ipsoque vivente comburantur, & caput ejus amputetur, quodque corpus ejus in quatuor partes dividatur, & caput & quarteria illa ponantur ubi Dominus Rex ea assignare velit, etc. 2. Another Indictment of Treason for a Conspiracy to invade the Kingdom. Hillarij 9 jac. rot. secundo in Capitali placea Hib. Donegall. IUratores pro Domino Rege super sacramentum suum dicunt & praesentant quod H.T. & R.T. etc. cum diversis alijs nequissimis & sceleratissimis Dom. Regis nunc proditoribus, Deum prae oculis suis non habentes, nec debitum ligeantiae suae considerantes, sed instigatione diabolica totaliter seduct. tertio die Septembris, Anno Regni Domini Regis nunc Angliae, Franciae, & Hiberniae quinto, apud Rathmullin in Com. Donegall praed. proditoriè, & ut falsi proditores ejusdem domini regis, imaginaver. intender. et machinat. fuerunt mortem et destructionem ejusdem Domini Regis nunc, et adtunc et ibidem sibi ipsis proposuerunt eundem Dominum regem nunc de regia potestate sua et gubernatione regni sui Hiberniae penitus deprivare, et gubernationem ejusdem regni, contra voluntatem ejusdem Domini Regis, super seipsos accipere, et penes seipsos retinere: Et ad illud falsum proditorium et nefandum propositum prosequend. et perimplend. praed. H.T. & R.T. etc. cum praedictis alijs sceleratissimis proditoribus ibidem, adtunc et ibidem proditoriè, ut falsi proditores dicti Domini Regis nunc, intenderunt, imaginaver. et machinati sunt occidere & murdrare prenobilem virum Arthur. Chichester Milit. adtunc & adhuc existen. Dom. Deputat. dicti Domini regis nunc generalem dicti regni sui Hiberniae, & alios de privato consilio ejusdem domini Regis dicti regni sui Hiberniae; ac superinde, vi & armis, viz. gladijs, lanceis, bombardis, et alijs machinis et stratagematibus bellicis, oppugnare et in manus suas capere Castrum dicti Domini Regis nunc de Dublin. in Com. Dublin. et Civitat. de Dublin. et Castrum dicti Domini Regis de Athlone in Comitatu Roscoman, & Castrum sive fortilagium ejusdem Domini Regis de Doncanon in Com. Wexford. et fortilagium ejusdem Domini Regis de Lifford in dict. Com. Donegall, et diversa alia Castra et fortilagia, manuforti et proditoriè, et ut Rebellatores et proditores dicti Domini regis nunc, contra ipsum Dominum Regem tenere, ea intentione ut dictum Dominum Regem à regno et gubernatione dicti regni sui Hiberniae penitus deprivarent, expellerent, & extratenerent. Et ulterius adtunc et ibidem proditoriè, & ut falsi proditores dicti Domini regis nunc, adtunc & ibidem, conspiraverunt cum praedictis alijs nequissimis proditoribus, & intendebant & machinati sunt magnum & potentem exercitum sive armaturam alienigenar. inimicor. & rebellat. dicti domini regis, in partibus ultra mare adtunc existen. in hoc regnum Hiberniae introducere, ea intention & proposito, ut dicti inimici & rebellatores ejusdem Domini Regis praedictum regnum suum Hiberniae hostiliter invaderent, depopularent, & forinsicae potestati subjugarent, & omnes ligeos & fideles subditos dicti Domini regis in dicto Regno suo Hiberniae crudeliter trucidarent & murdrarent, ac eundem Dominum regem à gubernatione dicti regni sui Hiberniae, & à corona & dignitate suis ejusdem, penitus deponerent & deprivarent; Ac praedict. H.T. & R.T. & praedicti alij falsi proditores & rebellatores dicti Domini regis nunc, in executionem nefariar, & sceleratissimar. intentionum suarum praedictarum, praedict. tertio die Septembris anno supradicto, apud Rathmullin praedictam in praedicto Com. Donegall, proditoriè, & ut falsi proditores dicti Domini regis, insurrexer. & diversos ligeos & subditos dicti Domini regis ad rebellionem contradictum Dominum regem, adtunc & ibidem, mover. & incitaver. ac vi & armis. viz. gladijs, lanceis, bombardis, & alijs armis defence. & offence. proditoriè, & ut falsi proditores & rebel. dicti Domini regis, crudele & apertum bellum versus dict. dominum regem nunc, & fideles subditos suos; adtunc & ibidem, levaver. & diversos fideles subditos ejusdem Domini regis, adtunc & ibidem in pace Dei & dicti Domini regis, existen. proditoriè, verberaver. vulneraver. depraedaver. & spoliaverunt: Et diversa bona & catalla Francisci White gen. et aliorum fidelium subditorum dicti Domini regis, hostiliter, proditoriè, ac ut proditores et rebellatores dicti Domini regis, adtunc et ibidem ceperunt et asportaverunt; Ac diversa alia latrocinia, roberias, burglarias, ac alia acta rebellion. et proditionis, adtunc et ibidem, proditoriè commiserunt et perpetraverunt. Ac quod praedicti H.T. et R.T. et praed. alij sceleratissimi proditores, in ulteriorem prosecutionem proditor. intentionun suarum praedictar. praedicto tertio die Septembris anno supradicto, apud Rathmullin praedict. proditoriè, et ut falsi proditores dicti Domini regis nunc, in quandam navem (quam quidam Coconaght Mc Gwyre, falsus proditor ejusdem Domini regis nunc, praeantea in partibus ultra mare proditoriè conduxerat, Anglicè had hired, et ad vel propè Rathmullin praedictam, in praedicto Com. Donegall, adduxerat vel adduci fecerat,) conscender. et à Rathmullin praedict. in praedict. Com. Donegall, proditoriè, & ut falsi proditores & rebellatores dicti Domini regis nunc, adtunc & ibidem, abind in eadem Navi per altum mare fugerunt versus partes transmarinas, ea intention & proposito, ut magnum & potentem exercitum & armat. diversorum alienigen. inimicorum, & rebel. dicti Domini regis, in partibus ultra mare adtunc existen. incitarent & levarent, & in hoc regnum Hiberniae introducerent, ad invadend. regnum dicti Domini regis Hib. & ibidem crudele & apertum bellum versus eundem Dominum Regem & fideles subditos suos movend. & excitand. & dictum Dominum Regem à regimine & gubernation ejusdem Regni sui Hiberniae totaliter removend. & deprivand. contra pacem dicti Domini regis nunc, coronam & dignitatem suas, ac contra formam & effectum diversorum statutorum in hujusmodi casu edit. & provis. Et ulterias jurat. praed. praesentant, quod Gilpatricke o Loghran, nuper de Rathmullin in praedict. Com. Denegall Clericus, Deum prae oculis suis non habens, nec debitum ligeantiae suae considerans, sed consimili instigatione diabolica totaliter seductus, praedicto tertio die Septembris, Anno regni dicti Domini regis nunc Angliae, Franciae, & Hiberniae quinto supradicto, apud Rathmullin praedictam in praedicto Comitatu Donegall, ut falsus proditor dicti Domini Regis nunc, proditory fuit praesens, consulens, abbettans, confortans, & manutenens praefat. H.T. R.T. & praedictos alios falsos & sceleratissimos proditores ad proditiones praedictas in forma supramentionat. perpetrand. & committend. & eisdem H. T. R.T. & caeteris proditoribus praedictis, adtunc & ibidem, in praedictis proditionibus suis & act. rebellionis proditoriè adhaesit, ac in praedictam navem simul cum praefato H.T. R.T. & caeteris sceleratissimis proditoribus, die & anno supradictis, apud Rathmullin praedict. in praedicto Com. Donegall, proditoriè conscendit, & abind simul cum eyes, in forma quae supra mentionatur, in navi praedict. per altum mare proditorie fugit versus partes transmarinas, ea intentione ad consulend'. judgement, to be hanged, drawn, and quartered, for a man: and for a woman, to be burned. auxiliand'. & manutenend. praefat. H.T. R.T. & caeteros sceleratissimos proditores in falsis & nequissimis suis conspirationibus & proditionibus praedictis machinand. perimplend. & exequend, contra pacem dicti domini regis nunc, coronam & dignitatem suas, ac contra formam & effectum diversorum statutorum in hujusmodi casu edit. & provis. etc. 3. Another Indictment of Treason for conspiring to surprise the Castle of Dublin, and to murder the Lord Deputy and Council. Paschae 5. jac. Rot. 1●. in Capitali placea Hiberniae. Dublin. IUratores pro Domino Rege dicunt & praesentant super sacramentum suum quod G.H. de Dublin in Com. Civitat. Dublin. generosus, & A.R. de eadem, simul cum diversis alijs falsis proditoribus & rebellatoribus ad versus excellentissimum principem jacobum Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regem fidei defensor. etc. Deum prae oculis suis non habentes, sed instigatione diabolica seduct. ac debitum ligeant. suar. minimè ponderant. imaginantes & conspirant. inter se ut falsi proditores ex eor. fals. & proditor. combination. tam duodecimo die Februarij, Anno Regni Domini regis nunc Angliae, Franciae & Hiberniae quarto, quam diversis alijs diebus & vicibus, tam antea quam postea, apud Castrum de Dublin. in Com. Dublin. minus justè & illegitimè sese insimul assemblaverunt, & tunc & ibidem, malitiose, proditoriè, & rebelliosè, ut publici proditores & rebellator. dicti domini regis nunc, imaginaver. advisaver. compassaver. conspiraver. practizaver. consultaver. & communicationem & colloquium inter se habuer. express. verbis, sermone, actu, & scriptis, quomodo, quo pacto, & quibus vijs & modis, per eorum dict. fals. imaginationes, conspiration'. consultation'. confaederation'. & communication'. aut quibus dolo, arte, & ingenio ill. & eor. confaederatores possent deponere & deprivare dictum dominum regem à regali coron. sua regni sui Hibern. ac etiam falso & proditoriè compassaver. & intenderunt subvertion. dicti regni Hiberniae: Et ad perimplend. & perficiend. sua dicta falsa, nefand. & horribilia proposita ijdem G.H. & A.R. cum diversis alijs fals. proditor. & rebellator. adversus dictum Dominum regem nunc, praedicto duodecimo die Februarij, anno quarto supradicto, apud Castrum Dublin. praedict. malitiosè, falsè, & proditoriè devisaver. & practizaver. quomodo ipsi surprizare, capere, & obtinere possent, vi & armis, à dicto Domino Rege, dictum Castrum sive fortilagium suum de Dublin. (communiter vocat. the Castle of Dublin) in praedicto Com. Dublin. simul cum omnibus suis bombard. armis, armatur. munition. & victual. tunc in eodem Castro existen. pro meliori sustentation. & defension. exercit. dicti Domini Regis tam in eodem fortilagio, quam alibi infra dictum regnum Hiberniae, pro defensione status Coronae Regalis regni Hiberniae praedict. ac Castrum sive fortilagium praedictum simul cum omnibus & singulis bombard. armis, armatur. munition. et victual. praedict. ex eorum dict. malitia, vi & armis detinere et custodire à dicto Domino rege, & ipsum Dominum regem inde penitus deprivare, extratenere, & dishaeredare. Ac etiam idem G.H. & A.R. adtunc & ibidem malitiosè & proditoriè inter se conspiraver. et agreeaver. quod ipsi G. & A. cum diversis alijs falsis proditor. et rebellator. adversus dictum Dominum regem in hujusmodi possession. praedicti Castri & fortilagij existen. cum praedict. bombard. armis, armatur. munition'. et victual. guerram publicam & acerrimam levare et suscitare vellent adversus dictum Dominum regem nunc, suosque ligeos et fideles subditos hujus regni sui Hiberniae, et praecipuè in Civitat. et Camera sua Dublin. et in Comit. Dublin. commorant. et vi et armis vincere, superare, obtinere, et possidere dictam Civitatem à dicto Domino rege, et veris et fidelibus subdit. suis, et eandem Civitatem sub obedientia et gubernatione dicti G. H. et A. et alior. falsor. proditor. subducere, et possessionem inde quibusdam alijs falsis proditoribus ignot. adversus dictum Dominum regem deliberare, et sic dictum Dominum regem penitùs inde deprivare et deponere, pro eorum posse, ab omni imperiali potestate & gubernation hujus regni Hiberniae, & terrere & subtrahere veros & fideles subditos dicti regni Hiberniae ab eor. debita fidelitate, obedient. & allegiant. quas debent & de jure gerere tenentur erga dictum Dominum regem. Ac insuper ijdem G. H. & A. adtunc & ibidem, falsò, malitiosè, & proditory conspiraverunt, agreeaver. & concluserunt inter se, quod ipsi ijdem G. & A. cum diversis alijs falsis proditoribus, vi & armis, viz. gladijs, pugionibus, & alijs armis tam defensivis quam invasivis, malitiose, false, & proditory insultum facere vellent in & super prenobilem virum Arthurum Chichester militem, adtunc & adhuc Deputatum dicti Domini regis hujus regni sui Hiberniae existen. & alios de privato Consilio dicti Domini regis adtunc & adhuc in dicto regno suo Hiberniae existen. et eosdem, judgement, for a man, to be hanged, drawn and quartered: and for a woman, to ●e burned. dict. Dominum Deputatum dict. regni Hiberniae, & dictos alios de privato Consilio ejusdem dicti regni Hiberniae, falsò, malitiosè, & proditoriè occidere, trucidare, & murdrare vellent, contra pacem dicti Domini regis nunc, coronam & dignitatem suas, & contra formam diversor. statut. in hoc casu edit. & provis. 4. Another Indictment of Treason for Treasonable words. Lymerick. IUrator. pro Domino rege super sacramentum suum dicunt & praesentant. quod I. B. de Brittas in Comitat. Lymerick praedict. generosus, 4. jac. in bundello Momoniae, rot. 38. Deum prae oculis suis non habens, neque debit. ligeantiae suae ponderans, sed diabolica instigatione totaliter seductus, vicesimo septimo die Martij, Anno regni Domini regis nostri jacobi, qui nunc est, Angliae, Franciae & Hiberniae quarto, Scotiae autem 39 & diversis alijs diebus & temporibus, tam antea quam postea, apud Brittas in Comitat. Lymerick praedict. & ex falsa & proditoria sua malitia praecogitat. proditory imaginavit, prae-Iustravit, & conatus est exhaeredationem di●ti Domini regis hujus regni sui Hiberniae, & tunc et ibidem, proditoriè denegavit titulum et jus dicti Domini regis ad coronam dicti Regni sui Hiberniae; Et in manifestationem inde, ex falsa et proditoria malitia sua, praecogitata, quarto die Augusti anno praedict. apud Brittas in Com. Lymerick praedict. scripsit literas sub manu sua Theobaldo domino Bourke in quibus praedictus I. B. noluit agnoscere dictum Dominum regem nostrum fuisse Regem dicti regni sui Hiberniae, et in dictis literis protestando, quod defenderet terram tunc in controversia inter ipsum et praedictum Dominum Bourke, versus dictum Dominum Regem, et praedictum dominum Bourke. Et postea, videlicet, quarto die Octobris anno praedict. apud Brittas in Com. Lymerick praedict. quidam Thomas Miller manipularis turmae Domini Praesidentis Momoniae annuncians dicto I. B. se illi missum fuisse directione dicti Domini President. & tunc ibidem rogavit dictum I. B. nomine dicti Domini regis & in debitam suam ligeantiam, in domum suam ei aditum dare propter servitium dicti Domini regis, praedict. I. B. ex falsa & proditor. sua malitia praecogitata, tunc & ibidem, responsum dedit in his verbis, viz. I will not obey the King, and neither the King nor the Lord Precedent shall command me, superaddens haec verba, viz. I will acknowledge no earthly King, I am as good as any of them, & tunc & ibidem diverse. jacul. ejecit vers. dict. Corporal Miller & sodales suos, falsè & proditoriè, contra pacem dicti Domini regis, coronam & dignitatem suas, & contra formam & effectum statut. in eod. casu edit. & provis. Et in ulter. manifestat. proditor. intentionis, ut praedictum est, praedict. I. B. sexto die Octobris, anno praedict. apud Brittas in Com. Lymerick praedict. Deum prae oculis suis non habens & debitam suam ligeantiam minime ponderans, sed diabolica instigatione totaliter seductus, proditoriè & ex malitia sua praecogitat. in quendam Owny O Dwyre de Monasterio de Owny in Comitat. Lymerick praedict. yeoman, fidelem subditum dicti Domini Regis in pace Dei & dicti Domini Regis existent. tunc & ibidem insult. fecit, & cum una bombarda, pretij 10. s. sterl. quam praedictus I. B. tunc ibid. in manu sua dextra tenuit, sagittavit dict. Owny O Dwyre in capite suo cum uno plumbeo (Anglicè, did shoot the said Owny O Dwyre in his head with a bullet) dans ei unam plagam mortalem in capite suo, profunditat. sex pollic. de qua quidem plaga mortali dict. Owny O Dwyre, tunc & ibidem, instanter obijt. Et sic praedictus johannes Bourke, die, anno, loco, & Comitat. praedict. voluntariè, proditoriè, & ex malitia sua praecogitata interfecit & murdravit dictum Owny O Dwyre, contra pacem dicti Domini regis, coronam & dignitatem suas, & contra formam & effectum statuti in hujusmodi casu edit. & provis. Et praedictus I. B. postea captus & apprehensus pro proditionibus praed. in ulterior. declaration. proditor. suae intentionis, ut praedict. est, tertio die Decembris, anno praedict. apud Carrick, ad subditos dicti Domini regis sequentibus verbis exclamavit, viz. Will you suffer me to be made a prisoner by these Rascals and Traitors? Et praedict. I. B. quarto die Decembris praedict. anno praed. apud Clonmell, proditoriè & seditiosè machinans subditos dicti Domini regis ad rebellionem & bellum versus dictum Dominum regem provocare & excitare, & seipsum rescussere, exclamavit Superiori & populo ejusdem villae in sequentibus verbis, viz. O! will you suffer me to be carried away by these Devils? Et postea, viz. xiii. die Decembris, anno praedict. apud Killmallock in Comitatu Lymerick praed. dicto I. B. prisonario existente sub custodia dicti Corporal Miller, Ere praed. Corporal inveniens malitiam ejus augeri erga gentem Anglicanam ei adhortabatur recordari in quo statu erat, praedictus I. B. ad exprimend. suam proditoriam intentionem in exhaeredatione dicti Domini regis hujus regni sui Hiberniae, tunc & ibidem, replicavit in his verbis, O! if these country people had performed their promise unto me, it would be another world than it is; proditory, malitiosè, & deliberatè, tam contra debitam ligeantiam suam, pacem dicti Domini regis, Coronam & dignitatem suas, quam contra formam & effectum statut. in hujusmodi casu provis. et edit. Et praed. johannes Bourke in propria persona sua, isto eodem die & anno, coram praefatis justiciarijs hic ad Theolon. Civitatis Lymerick in Com. Lymerick per vicecom. Comit. praed. ad barram ductus & arrainat. super Indict. praed. & allocutus qualiter se velit de proditione praed. acquietar. dicit qd ipse non vult respondere ad Indict. praed. nec se super aliquam juratam patriae ponere, tunc insuper dictum est ei per Curiam hic, quod nisi aliter in hac parte respondeat, mori debeat, judgement, to be hanged, drawn, and quartered, for a man: and for a woman, to be burned. qui dicit quod non aliter vult respondere in hac parte nisi ut priùs: Ideo considerate. est quod idem I. B. reducatur ad prisonam unde venit, & abind super cratem trahatur usque ad carnificinam, & ibidem suspendatur per collum, & vivum excidatur, & sua intestina & pudenda à corpore suo discindantur, & in conspectu suo comburantur, caput ejus abscindatur, & suum corpus in quatuor partes dividatur, & ad voluntatem Domini regis disponatur. 5. Another Indictment of Treason for words. In Bundello Momoniae, rot. 14. num. 2. IUr. praed. super corum sacram. dicunt, quod jona ny Edmond Torpie de Castlemangret in Com Lymericij Spinster, 24. die junij Anno Regni Domini nostri jacobi, Angliae, Franciae, & Hiberniae Regis, quarto, & Scotiae xxxix, deum ante oculos suos non habens, nec debit. suam alligeantiā ponderans, sed diabolica instigatione totaliter seduct. proditoriè imaginavit mortem, destructionem, & exhaeredationem dict. Dom. regis, & intendens deprivare dictum Dominum regem reg. sui Hiberniae, pro meliore manifestatione ejusdem, tunc ● ibidem, ex falsa & proditoria malitia sua praecogitata, falsè & proditoriè apud Bealladuffe in Comit. praed. propalavit lingua Hibernica haec verba sequent. viz. Anglicè, The King's Majesty (praed. Dom. regem nostrum nunc jacobum innuendo) is not worthy to be King; and God fall the King, (praed. Dom. nostrum regem jacobum innuendo) for I never could have justice since his coming to the Crown, and God never prosper the King (praed. Dom. regem innuendo) falsè, judgement, to be burned. voluntariè, praemeditatè, & proditoriè, contra debit. suam alligeant. pacem, coronam, & dignitat. dicti Dom. regis, et contra formam & effectum statut. in hujusmodi caso edit. et provis. etc. 6. An Indictment of Treason for burning a house. IUr. pro Dom. rege super sacramentum suum dicunt & praesentant, In bundello Momoniae, rot. 7. quod Garret England de Adare in Com. Lymericij Carpenter, xx. die Februarij, Anno Regni Domini nostri jac. Angliae, Franciae, & Hiberniae Regis, secundo, Scotiae autem xxxviij, Deum prae oculis suis non habens, sed diabolica instigatione totalit. seduct. injustè venit, vi et armis, viz. glad. cultell. etc. apud Ad●re praed. et tunc & ibidem, domum mansionalem cujusdam Daniel Mc Melaghlin de Adare praed. yeoman, in Adare praed. xxij. vacc. pretij xxj. l. sterl. Cxl. oves, pretij xiv. l. xxiv. porc. pretij iiij. l. quinque dolia aven' pretij xxx.s. in dict. domo tunc et ibidem existent. de bonis et catallis praed. Daniel fidelis subdit. dicti Domini regis, voluntariè, malitiosè, judgement, to be hanged, drawn, and quartered, for a man: and for a woman, to be burned. et proditoriè combussit, tam contra pacem dicti domini regis, coronam et dignitat. suas, quam contra formam & effectum statut. in hujusmodi casu edit. & provis. 7. Another Indictment of Treason for burning of a dwelling house in the day time with a pound of Gunpowder put in a Bundle of Straw in the house, the owner then being in the same house. IUratores pro Domina Regina praesentant, quod A. B. nuper de C. in Com. E. praed. Victualer, octavo dic mensis julij, Anno Regni dictae Dominae nostrae Eliz. Dei gratia Angliae, Franciae, & Hiberniae reg. fidei defensor, etc. tricesimo, ad domum mansionalem E.F. de C. praed. in come. praed. gener. in C. praed. in dicto Com. E. existent. vi & armis, inter horas sextam & septimam ante merid. ejusdem diei, accessit, & cum una libra pulver. tormentar. ad valentiam 12. denar. & face quadam ignita, quam dict. A. B. tunc & ibidem, in manibus suis tenuit, ignem in quodam fasciculo straminis tunc in dicta domo existentis, ex malitia sua praecogitata, judgement, for a man, to be hanged, drawn and quartered: and for a woman, to be burned. proditoriè accendit, unde cadem domus tunc ibid. totaliter cremata & combusta fuit, (eod. E.F. tunc in pace dictae dominae reginae in dicta domo sua existente) Et sic praed. A.B. dicto oct. die julij. anno supradict. apud C. praed. domum mansionalem praed. E. F. modo et forma praed. voluntariè, ex dict. malitia sua praecogitata, et proditoriè incendit et combussit, contra pacem dict. Dom. reg. nostrae, ac coronam et dignitatem suam, et contra formam statut. in hujusmodi casu edit et provis. 8. Another Indictment of Treason against the Actor, for burning of a dwelling house in the night time, having an intent to rob it, and the putting of diverse persons in fear then being in the house, and against the Procurers before the offence, and Relievers after the offence. IUratores pro Domino Rege dicunt & praesentant quod W. S. de C. in Com. E. praed. Smith, die Febr. etc. 13. circa horam 12. in nocte ejusdem diei, vi & armis, viz. gladijs, scutis, baculis, arcubus, & sagitt. apud S. in praed. Com. E. ad domum mansionalem cujusdam I.C. simul cum alijs, veniebat, ea intention, ad spoliand. dict. I. de bonis & catallis suis in ead. domo tunc exist. ac quod idem W. super tecturam ejusd. domus (vulgariter nuncupat. the covering of the house,) adtunc & ibid. cum una scala ascendebat & scandebat, ea intention, per tectur. praed. ad intrand. & ingred. in dom. illam, Ac quod dictus W. simul cum alijs, quibusdam I.G.R.C.M.P. & F.C. in ead. domo tunc exist. tant. timor. corpor. tunc & ibib. inferebat. ita quod de vitis suis desperabatur, ac quod dict. W. simul cum alijs praed. adtunc & ibid. ex malitia sua praecogitat. malitiosè & voluntariè, eand. domum cum igne tunc & ibid. proditoriè comburebat, praed. I.G. R.C. M.P. & F.G. in ead. domo exist. contra pacem, etc. ut supra. Et juratores praed. pro dicto Dom. rege ulteriùs dicunt & present. quod W. R. de B. in Com. praed. yeoman, & W.I. de S. in Com. E. praed. gener. ante proditionem praed. per praed. W. & alios fact. & perpetrat. praed. W.S. praed. 27. die Feb. anno supradict. apud W. praed. in Com. praed. ad proditionem praed. sic in forma praed. faciend. & perpetrand. proditoriè excitaverunt, procuraver. & abettaver. contr. pac. etc. Ac quod quidam A.B. de E. praed. sciens praed. W.S. yeoman, proditionem praed. in forma praed. fecisse & perpetrasse, judgement, to be hanged, drawn, and quartered, for a man: and for a woman, to be burned. eund. W.S. postea, scil. 27. die Feb. anno praed. apud B. praed. in Com. E. praed. proditoriè recepit, comfort. hospitatus est, & concelavit, contra pac. etc. ac contra formam statut. in hujusmodi casu edit. & provis. 9 For burning a Barn with Corn of diverse sorts in it, aswell in Sheafe as threshed. IVratores pro Dom. rege dicunt & present. quod I. M. de D. in Com. M. yeoman, 3. die, etc. anno, etc. apud I. in Com. E. vi & armis quoddam horreum cujusdam I.S. apud I. praed. in praed. Com. E. situate. & existen. malitiosè & voluntariè fregit & intravit, & cum quibusdam candelis tunc igne accensis, quas praed. I.M. tunc & ibid. in manibus suis tenuit, adtunc & ibid. ex malitia sua praecogit. & ex instigatione diabolica in horr. praed. cum diversis granis & garbis, viz. tribus quarterijs hordei, quatuor quarterijs frumenti, duobus modijs avenarum, & 4. carectat. hordei in garbis in eod. horreo adtunc existentibus, ignem accensum adtunc & ibidem malitiosè, voluntariè, & proditoriè imposuit, & cum eod. igne adtunc & ibid. existent. malitiosè, judgement, to be hanged, drawn, and quartered, for a man: and for a woman, to be burned. voluntariè & proditoriè horreum cum granis praed. adtunc & ibid. combussit, & totaliter cum igne illo proditoriè & voluntariè consumpsit, contra pacem dict. Dom. reg. coronam et dignitatem suas, et contra formam statut. in hujusmodi casu edit. et provis. 10. An Indictment of Treason for relieving of Rebels. IUrat. etc. super eor. sacram. dicunt, In Bundello Memoniae, rot. 13. num. 2. quod cum Morris Mc Gibbon Duffe nuper de Dunanstowne in Com. Lymericij yeoman, Thomas Brenagh, nuper de eadem yeoman, & Edmond Boy de ead. yeoman, cum diversis alijs malefactoribus sibi aggregat. Deum ante oculos suos non habentes, nec debit. suas alligeant. ponderantes, sed diabolica instigatione totaliter seduct. primo die Decembris, Anno Regni Domini nostri jac. Angliae, Franc. & Hiberniae Regis tertio, Scotiae vero tricesimo nono, & diversis alijs diebus & temporibus tam ante quam postea, injustè & ex malitijs proditor. suis praecogitat. venerunt vi & armis, viz. gladijs, cultellis, bombardis, etc. & alijs armis & armatur. military. apud Ropolege in dict. Com. Lymericij, & ad diversa alia loca infra Com. praed. & eod. primo die Decembris anno supradicto, apud Ropolege praed. cum veam. displicat. in campo aperto, intention dictum Dominum regem Regni sui Hiberniae exhaeredare, proditoriè levaverunt, procurav'. & instigaverunt crudelissimum bellum & public. hostilitat. contra dictum Dominum regem, viz. murdrand. spoliand. depraedand. & comburend. fidel. subdit. dicti Domini regis tunc ibid. et alibi existentes infra Com. praed. falsè, voluntariè, et proditoriè, tam contra debit. suas alligeant. pacem, coronam, et dignitat. dict. Dom. regis, quam contra formam et effectum statut. in hujusmodi casu edit. et provis. etc. Quidam tamen Kenidie Mc Teige de Ropolege in Com. Lymericij praed. yeoman, perfectè sciens dict. Morris Mc Gibbon Duffe, Thomas Brenagh, & Edmond Boy commisisse et fecisse proditionem praed. modo & forma praed. Deum ante oculos suos non habens, nec debit. alligeant. suam ponderans, sed diabolic. instigat. totaliter seduct. decimo nono die Septembris anno supradict. et diversis alijs diebus et temporibus, tam antea quam postea praed. Morris Mc Gibbon Duffe, Thomas Brenagh, et Edmond Boy cum cibo, potu, judgement, for a man to be hanged, drawn & quartered: and for a woman to be burned. et alijs necessarijs apud R●polege praed. in Com. Lymericij praed. proditoriè recepit, relevavit, abbettavit, et manutenuit, tam contra debit. suam alligeant. pacem, coronam, et dignitat. dicti Domini regis, quam contra formam et effectum statut. in tali casu edit. et provis. 11. An Indictment of Treason for breaking of prison. In B●ndello Momoniae, Rot. 30. IUr. pro Dom. reg. super sacram. suum dicunt & present. quod cum jacobus Barret de Ballynecourty in Com. Lymericij yeoman, 18. die Decembris, Anno regni Dom. Regis nostri jacobi, qui nunc est, Angliae, Franc. & Hiberniae quinto, Scotiae autem xlj. commissus fuit per mandatum de Mittimus à Paulo Arundel Ar. uno justic. pac. dict. Dom. regis in Com. Lymericij, sub salva custod. johannis Smith, Deput. Georgij Winifrid Custod. gaolae dicti Domini regis Com. Lymericij praed. pro quadam proditione, viz. pro eo quod ipse idem jacobus Barret proditoriè levavit guer. versus dict. Dom. regem & pro combur. murdrand. depraedand. & spoliand. fidel. subdit. dicti Dom. regis apud Ballynecourty in Com. Lymericij praed. & apud diversa alia loca come. praed. 20. die Septemb. anno quarto dict. Dom. regis regni sui Angliae, etc. & sic existens sub salva custod. dict. Georgij Winifrid & sui Deputat. johannis Smith, praefatus jacobus Barret, 29. die jan. anno quinto regni Dom. regis nostri praed. Angliae, judgement, for a man to drawn, and hanged: and for a woman, to be burned. etc. apud Lymerick in Com. Lymerick praed. vi & armis, viz. cultell. etc. proditoriè fregit prisonam praed. & tunc et ibidem proditor. evasit, & ad largum ivit ex custodia dict. Georgij Winifrid & sui Deputat. johannis Smith, contra eorum voluntat. tam contra pacem dict. Dom. regis, coronam & dignitat. suas, quam contra formam et effectum statut. in hujusmodi casu edit. & provis. 12. An Indictment of Treason for levying War against the King. Donegall. IUratores pro Dom. Rege dicunt et present. quod Rory Mc Davet nuper de Bertcastle in Com. Donegall yeoman, Paschae 15. jac. rot. primo. Tirlagh O Doghertie, Hugh Boy O donnel, Dermot Mc Trivet, Tirlagh O Mulvoghory, Owen O Doghertie, Phelim Mc Gilleglasse O Doghertie, Neile O Kervy, Donoghb Morrae O Shevelin, Coale O Doghertie, & Conchor O Doghertie nuper de Bertcastle praed. gen. cum diversis alijs nequissimis proditoribus eis aggregatis, Deum prae oculis suis non habentes, nec debitum ligeantiae suae ponderantes, sed diabolica instigatione totaliter seducti, primo die junij, Anno regni Regis qui nunc est jacobi, Angliae, Franciae, & Hiberniae sexto, & Scotiae quadragesimo primo, apud Bertcastle praed. in Com. praed. proditoriè, & ut falsi proditores dict. Domini regis nunc, vi & armis, viz. gladijs, lanceis, & bombard. modo guerrino se congregaver. & adtunc & ibidem, falso, malitiosè, & proditory, & ut falsi proditores & rebels dict. Domini regis nunc, imaginaver. intender. & machinati sunt mortem & destructionem ejusdem Domini regis; & adtunc & ibidem conspiraver. & proposuer. eundem Dom. regem nunc de regia potestate & gubernation suis hujus regni Hiberniae penitùs deprivare et deponere, ac gubernationem ejusd. regni Hiberniae, contra voluntatem ejusd. Regis nunc, super seipsos sumere & accipere, ac deinde penes se detinere: Ac ad ill. fals. proditor. nefand. & nequissimum propositum perimplend. & prosequend. praedict. Rory Mc Davet, & caeteri praenominati, cum dictis alijs nequiss. & sceleratiss. dict. Dom. regis nunc proditoribus & rebel. praed. praed. primo die junij anno supradict. apud Bertcastle praed. in Com. Donegall praed. proditoriè, & ut falsi proditores & rebels dicti domini regis nunc, in executionem nefand. et sceleratiss. intent. suar. praed. modo guerrino insurrexerunt, & diversos ligeos & subditos dict. domini regis ad rebellionem contra eundem Dom. regem, tunc & ibidem, moverunt & incitaverunt, ac vi & armis, videlicet, gladijs, lanceis, bombardis, & alijs armis defence. & offence. proditoriè, & ut falsi proditores & rebels dicti domini regis nunc, crudele & apertum bellum adversus eundem Dom. regem & fideles subditos suos hujus regni Hiberniae, voluntariè & proditoriè levaverunt, judgement, for a man to be hanged, drawn & quartered: and for a woman to be burnt. excitaverunt, & erexerunt, tam contra debitum legiant. suae, & pacem dicti Domini regis, coronam & dignitat. suas, quam contra formam & effectum diversor. statutor. in hujusmodi casu edit. et provis. etc. 13. An Indictment of Treason, for being in Rebellion, and robbing the King's Subjects, against the Actors and their Relievers. Wickloe. IUrator. pro Domino rege dicunt & present. quod jacobus Hicky, Paschae 15. jac. rot. 7. nuper de Bolton in Com. Kildare gener. Morganus O Curren nuper de eadem yeoman, Thadaeus' Mc Murtagh de Killenure in Com. Wickloe gen. & Donaldus O Kelly de eadem yeoman, simul cum diversis alijs sceleratiss. proditoribus, Deum prae oculis suis non habentes, nec debit. ligeant. suae considerant. sed instigat. diabolica totaliter seduct. sexto die Novembris, Anno Regni nunc, Dom. Regis Angliae, Franc. et Hiberniae quarto decimo, vi & armis, viz. gladijs, hastis, spiculis, scutis, bombardis, & alijs armis et instrumentis bellicis modo guerrino armat. & arraiat. publicum, crudele, & apertum bellum contra dict. Dominum regem nunc, apud Coolatin in praed. Com. Wickloe, proditoriè levaverunt; Et in ulter. execution. prodition. praed. ijdem jacobus Hicky, Morganus O Curren, Thadaeus' Mc Murtagh, & Donaldus O Kelly, tunc et ibidem, domum mansionalem Henrici Terret gen. veri & fidel. subditi dicti Dom. regis nunc, in pace Dei et ejusdem Dom. regis nunc, ibid. tunc existen. circa horam undecimam in nocte ejusdem diei, consimili vi & armis, burglariter & proditoriè fregerunt et intraverunt, et sex libras in pecunijs numeratis de denarijs ejusdem Henrici, duas penulas ad valenti. trium librarum, duos gladios ad valent. viginti solidorum, unum tormentum valour. viginti solid. unum stragulum valoris sex solid. duo paria faemoral. valoris viginti solid. duas diploides valoris viginti solid. tres tunicas valoris decem solid. unum ornamentum colli valoris trium solid. duas patinas Stanni valoris trium solidorum, duo candelabra valoris duor. solid. unum salinum valoris duodecim denarior. unum annulum argenti valoris trium solid. & sex coclearia valoris sex denar. de bonis & catallis dicti Henrici Terret, in dict. domo ipsius Henrici tunc invent. burglariter & proditoriè ceperunt & asportaver. contra pacem dicti Domini regis, Coronam & dignitat. suas, et contra formam stat. in hujusmodi casu edit. et provis. Et quod Murtagh Mc Cahir de Killenure in praed. Com. Wickloe gen. Oliverus Talon de Rathnegeragh in Com. Catherlagh yeoman, Shane Roe, de Killenure praed. in Com. Wickloe yeoman, Edvardus M c Murtagh, de Knockloe in praed. Com. Wickloe yeoman, & Willus duff O Kelly de Killenure praed. in Com. Wickloe praed. yeoman, bene scientes & pro certo cognoscentes praefat. jacobum Hicky, Morganum O Curren, Thadeum Mc Murtagh, et Donaldum O Kelly feloniam, burglar. et proditionem praed. modo et forma praed. fecisse, commisisse, et perpetrasse, postea, scilicet septimo die ejusdem mensis Novembris anno quarto decimo supradicto, judgement, for a man to be hanged, drawn & quartered: and for a woman to be burnt. eosdem jacobum Hicky, Morganum Curren, Thadeum Mc Murtagh, et Donaldum O Kelly apud Killenure praed. in praed. Com. Wickloe, et apud diversa alia loca infra eundem Com. voluntar. et proditoriè receperunt, abettaverunt, auxiliati sunt, et relevaver. cum cibo, potu, et hospitio, contra pacem dicti Dom. regis, coronam & dignitatem suas, et contra formam et effectum statuti in hujusmodi casu edit. et provis. 14. An Indictment and attainder of Treason for coining money. Midd. Alias, scilicet die Mercurij prox. post Octab. sancti Martini isto eodem Termino, coram domina regina apud Westmonasterium persacramentum duodecim jur. extitit praesentat. quod D.B. nuper de L. yeoman, I. P. nuper de L. yeoman, & H. S. nuper de L. gen. Deum prae oculis suis non habentes, sed instigatione diabolica seduct. machinant. dictam Dominam reginam & populum suum callidè, falsò, deceptiuè, & proditoriè decipere & defraudare, decimo die Octobris, Anno regni Dominae nostrae Elizabethae Dei gratia Angliae, Franciae, et Hiberniae Reginae, sidei defensor. etc. vicesimo quinto, apud parochiam sancti Clementis Dacorum extra Barr. novi Templi London. in Com. Midd. triginta pecias de cupro et aere, & alijs mixtis metallis ad instar & similitudinem bonae, legalis, & curren. monetae et cunei auri dictae Dom. Reginae hujus regni sui Angliae, vocat. Elizabeth Sovereigns, falsò & proditory fabricaver. cuderunt, & contrafecerunt, ac scient. praed. triginta pecias fore sic ut praefertur falsò et proditoriè fabricat. cusas, & contrafact. ijdem D. B. I. P. & H.S. quasdam earundem peciarum, sicut praefertur falso et proditoriè fabricat. cousin. & contrafact. videlicet, tres pecias inde, postea, scilicet praedict. decimo die Octobris anno vicesimo quinto supradicto, apud parochiam sancti Clementis Dacorum praedict. in praedict. Com. Midd. & alibi in eodem Com. Middlesex, diversis dictae Dom. reginae ligeis pro vera, legitima, & currente moneta hujus regni Angliae deceptive, falsò, & proditory exposuer. solver. & utteraver. in magnum praejudicium, fraudem & deceptionem ligeorum dictae Dom. regina ac contra pacem dictae Dom. reginae, coronam & dignitat. suas, necnon contra formam statut. in hujusmodi casu edit. & provis. etc. Super quo praeceptum fuit vic. quod non omit. etc. quin caperet eos, si etc. ad respondend. etc. & modo, scilicet die jovis prox. post octa●. sancti Martini isto eodem termino, eoram Dom. regina apud Westmonasterium vener. praed. D. B. I. P. & H.S. sub custodia G.H. militia locum tenentis Turris Reginae Lond. in cujus custodiam praeantea ex causis praed. comissa fuer. virtute Brevis Dom. reginae de Habeas corpora ad subjiciend. etc. ei inde directi ad bar. hic ducti in proprijs personis suis, qui committuntur Marriscallo. Et statim de proditionibus praedict. eyes superius imposit. seperatim allocuti qualiter se velint inde acquietar. praedict. D.B. & I.P. seperatim dicunt, quod ipsi non possunt dedicere quin ipsi de proditionibus in Indict. praed. specificatis sunt culpabiles, modo & forma prout per Indict. praed. superius versus eos supponitur, & proditiones praed. expre●● cognover. & posuer. seipsos in misericordiam dominae reginae. Et praedict. H.S. dicit, quod ipse in nullo inde est culpabilis, & inde de bono & malo ponit se super patriam; I●c● inter Dom. reginam & praefat. H.S. ven. inde jurat. coram Dom. reg. in Octab. sancti Hillarij ubicunque, etc. & qui etc. ad recog. etc. quia etc. idem dies dat. est praefato H.S. sub custod. Marr. interim commiss. salvo custodiend. periculo incumbente, etc. & statim quaesitum est de praed. D.B. & 〈◊〉 si quid pro se habeant vel dicere sciunt, quare Curia hic ad judicium & executionem de eis super cogn. suam praed. procedere non debeat, qui nihil ulterius dicunt praeterquam ut prius dixer. super quo Servientes Dom. reginae ad legem, ac ipsius reginae Atturn. juxta debitam legis formam petier. versus praefat. D.B. & I.P. super cogn. suas proprias in hac parte fact. judicium & executionem superinde pro dict. Dom. regina habend. etc. judgement, for a man to be drawn, and hanged: and for a woman, to be burned. Super quo vis. & per Curiam hic intellectis omnibus & singulis praemissis, Consider. est, quod praed. D. B. & I. P. ducantur per praefat. Marr. usque prisonam Maresc. dom. Reginae, et abinde per medium Burgi de Sowthwarke directè usque ad furcas de St Thomas Watering trahantur, & super furcas illas ibidem suspendantur quousque mortui fuerint, etc. 15. An Indictment of Treason for counterfeiting the Privy Seal. IVratores pro Domina reg. super sacrament. suum praefentant, quod N. B. nuper de paroch. sancti Clementis Dacor. extra Barr. novi templi Lond. in Com. Midd. yeoman, simul cum R.B. de eadem gen. & alijs, vicesimo quarto die Decembris, Anno Regni Dom. Eliz. nunc reginae Angliae vicesimo tertio, timorem Dei prae oculis suis non habens, nec debitum ligeantiae suae ponderans, sed instigatione diabolica motus et seduct. machinans atque subtilissimè studens quibus arte, dolo, & fraud praedictus R. B. potuerat habere & obtinere de praefat. Dom. regina licentiam & libertatem ad colligend. recipiend. & habend. a quibuscunque subditis dictae Dom. reginae, ei dare volentibus, in sua Com. Surr. & Civirate Londini & Suburbijs ejusdem Civitat. eleemosynas & alia dona charitativa quaecunque, machinansque ea de causa signum manuale, & sigillum private. vocat. the privy Seal, dict. Dom. reginae subdole, falsò, & proditoriè fabricare & contrafacere, quandam billam in pargameno nomine ejusdem Dom. reginae apud parochiam sancti Clementis praed. in Com. Middlesex praed. praedict. vicesimo quarto die Decembris, Anno Regni dict. Dom. reginae nunc vicesimo tertio supradict. scribifecit: cujus quidem billae tenor sequitur in haec verba. Elizabeth by the Grace of God, Queen of England, France, and Ireland, Defender of the Faith, etc. To all and singular Archbishops, Bishops, Atchdeacons' and other official persons. Vicars, Curates, and all other spiritual persons; and also to all justices of Peace, Mayor, Sheriffs, Bailiffs, Constables, Churchwardens, and to all other our officers, Ministers and subjects whatsoever they be, aswell within liberties as without, to whom these presents shall come greeting. Whereas we are certified by a writing under the hands and seals of H. C. and B. O. justices of Peace in the County of Bedford, of the great decay and mishap of this bearer K. B. of the parish of W. who by sudden mishap of Fire had his house burned, and his goods consumed to the sum of fourscore pounds and upwards, which goods were not all his own, because that he occupied the Trade of a Mercer; so that, without the devotion of well disposed people, he is utterly undone with his wife and children to the number of four. Know ye therefore, that We have licenced, and do by these presents licence the said K. B to ask, gather, receive, and take the Alms, Charity, and devotion of all our loving subjects inhabiting and dwelling within the County of Surry, our City of London with the Suburbs thereof, aswell within the Liberties as without, and not elsewhere; Wherefore we will and command you and every of you, that at such times as the said K. B. shall come and repair to any your Churches, and other places to ask and gather the Charity and Devotion of our loving Subjects as is aforesaid, quietly to permit and suffer him so to do, without any manner your lets or contradictions, and you the said spiritual persons to declare the tenor of these presents unto our said Subjects, exhorting them to extend their Charities in this behalf, and that you the said Constables and Churchwardens will be aiding and assisting for the collection and gathering of the Alms aforesaid; In witness whereof we have caused these our letters to be made. Given at our Manor of K. the third day of November in the two and twentieth year of our Reign. Et ulterius jur. dicunt super sacramentum suum, quod praefat. N. B. simul cum caeteris praed. vicesimo quarto die Decembris, Anno vicesimo tertio supradict. apud parochiam sancti. Clementis praed. in Com. Midd. praed. signum manuale sive signaturam in literis, & quoddam sigillum ad similitude. & porportion. privati Sigilli, vocat. the privy Seal, dict. Dom. Reginae super billam praedict. fixum & appositum, falsò, fraudulenter, & proditoriè fabricavit, judgement, for a man, to be drawn and hanged: and for a woman, to be burned. contrafecit, & posuit; Et sic praedict. N.B. die, anno, & loco supradict. falso & proditoriè fabricavit & contra fecit Sigillum private. vocat. the privy Seal, dict. Dom. reginae, contra legiantiae suae debitum, ac contra formam statut. in hujusmodi casu edit. et provis. necnon contra pacem dicti Dom. reginae nunc, coronam & dignitat. suas. 16. For counterfeiting of a Protection, and putting to it the great S●al● taken from ●●her old letters Patents. IUrat. etc. praesentant, quod R. D. nuper de H. in Com. H. husbandman, & A.B. de H. praedict. yeoman, machinant●s quomodo populum domini regis tunc sub●●issime possent dicipere vel defraudare, & Dominum regem, de his quae ad ipsum ●egem pertinent & regalia sua ut de feodo magni sigilli & hujusmodi exhaeredare, & veram legem Angliae à toto tempore usitatam & approbatam subvertere & annullare, 16. die Feb. Anno, etc. apud T. in Com. M. deceptiuè, falsò, & proditoriè quasdam falsas literas patentes ad similitudinem scrip. Cancellar. Domini regis, contrafec. quasi essent literae patentes de protectione ipsius Regis, sub nomine I. K. Clerici Hanaperij Domini Regis ac unius Clericorum Cancellariae praedictae script. hunc tenorem continen. viz. H. Dei gratia. etc. (reciting the letters patents verbatim) Ac cum idem R.B. & A.B. dictas falsas literas patent. sic ut praemitt. contrafecissent, non habentes magnum sigillum Domini regis, deceptiuè, falsò, & proditoriè machinan. qualiter ipsi falsas et sictas literas patentes hujusmodi subtilius possent sigillare, et magnum sigillum Domini regis contrafacere, dicto 16. die Februar. Anno supradict. apud B. in Com. praed. quoddam magnum sigillum Domini regis, super quasdam litetas patentes ipsius Domini regis praeantea penned. et debite impositum, acceperunt, assumentes sibi regiam potestatem, et ipsum regem regali sua authoritate (quantum in eis fuit) privant. adtunc et ibidem cum quodam cultello arripuerunt, et ●lud dictis falsis, fictis, et contrafactis literis patent. deceptiuè & proditor. apposuerunt & annexerunt, & easdem literas sigilla●er. sigell. ill. subtiliter recludendo quasi sic non fecissent, & sic magnum sigillum Dom. regis, ad●unc & ibidem, proditoriè con●●a●●ecer. & cum praemissa ●●c fec●●●●, dictas falsas & contrafactas l●●●us parents▪ ut praedicitur, sigillat. & die Martij, Anno etc. apud villam de S. in Com. M. ac in diversis alijs locis ejusd. come. tanquam literas patentes ipsius Domini regis de protect. deceptiuè, falsò, & proditoriè publicaverunt, & diversas pecuniar. summas de diversis ligeis domini regis receper. virtute dictarum falsarum, fictarum, judgement, to be drawn, and hanged, for a man: and for a woman, to be burned. & contrafact. literarum paten. in deceptionem domini regis, ac populi sui praejudic. & exhaeredationem dicti domini regis manifestan, contra pacem ejusdem domini regis, coronam et dignitatem suas, ac contra formam statut. in hujusmodi casu edit. et provis. 17. For counterfeiting and uttering of money, and against one for relieving after the offence committed. IUratores pro Domina regina praesentant quod T. S. de W. in Comitatu E. Taylor, machinans dictam Dominam reginam & populum suum callidè & proditoriè decipere, 20. die mensis Decembris, Anno Regni dictae dominae nostrae Elizabethae Dei gratia, Angliae, Franciae, & Hiberniae reg. fidei defensor. etc. vicesimo nono, viginti pecias monetae apud W. praedictam in Comitatu E. praedicto de Stanno & alijs mixtis metallis ad instar & ad similitudinem bonae & legalis monetae & cunei dictae dominae nostrae hujus regni sui Angliae, (vocat. Angl. a shilling, or piece of twelve pence,) falso & proditor. fabricavit, cudit, & contrafecit: posteaque, viz. dict. die 20. anno supradicto eafd. pecias (sic ut praemittitur falso & proditoriè fabricat. & contrafact.) diversis lig●is dictae dominae reginae, pro vera & legitimà moneta hujus regni sui Angliae apud W. praed. in Com. E. praed. falsò & proditoriè exposuit & utteravit; in magnam subditorum dictae dominae nostrae deceptionem, ac contra pacem dictae dominae nostrae, coronam & dignitatem suam, necnon contra formam statut. in ejusmodi casu provis. & edit. Et quod M. uxor T.A. de W. praed. in dicto comitatu E. gener. sciens praenominatum T.S. prodition. judgement, for a man to be drawn & hanged: and for a woman to be burned. praedictam modo & forma praed. fecisse & commisisse, eundem tamen T.S. postea, viz. secundo die Febr. anno supradicto, apud W. praed. in Com. E. praed. receptavit & confortavit, ac proditionem praed. concelavit, contra pacem dictae dominae reginae nunc, coronam & dignitatem suam. 18. For coining and uttering of Gold. IUratores pro Domina Regina dicunt et present. quod H.A. nuper de B. in Comit. E. Labourer, & T. S. nuper de T. in Com. praed. Labourer, dic & anno, etc. & diversis alijs diebus & vicibus tam antea quam postea, Deum prae oculis suis non habentes, sed instigatione diabolica seduct. machinantes dictam dominam reginam & populum suum callidè, falsò, deceptiuè, & proditoriè decipere & defraudere, de injuria sua propria absque auctoritate, warranto, five concessione regiae majestatis eis aut eorum alteri concess. octo pecias falsae monetae ad imaginem & similitudinem peciarum monetae auri, Anglice voc. golden Sovereigns of x.s. a piece, apud M. in Com. E. praed. pro iniquo lucro & advantagio è cupro falsò & proditoriè deauraver. & easdem pecias falsò & proditor. sic ut praemittitur, fact. fabricat. contrafact. & cunat. diversis ligeis dictae dominae Reginae pro vera legit. judgement, for a man, to be drawn and hanged: and for a woman, to be burned. et currente moneta dictae dominae reginae regni sui Angliae apud M. praed. in Com. E. praed. 20. die Octobris anno suprad. ac diversis alijs diebus antea & postea, deceptiuè, falso, & proditoriè exposuer. & utteraver. in solutionem diversis ligeis dictae dominae reginae, contra formam statut. in hujusmodi casu edit. & provis. ac contra, etc. 19 Another against counterfeiting and uttering of money and Gold. IUrat. pro Domina regina dicunt & praesentant quod R. W. nuper de H. in Com. E. Smith, I. L. nuper de C. in praedict. Comit. Glover, & T.B. nuper de D. in praed. Com. E. yeoman, Deum prae oculis suis non habentes, sed instigatione diabolica seduct. machinantesque dictam Domlnam Reginam & populu● 〈◊〉 ●llidè, falsò, deceptiuè, & proditoriè decipere & defraudare, 〈…〉 die Martij anno regni dominae Eliz. etc. sexto, sex pecias monetae apud B. praed. in Com. E. praed. de cupro & alijs mixtis metallis, ad instar & ad similitudinem bonae, legalis, & currentis monetae & cunei dictae Dominae Reginae hujus regni sui Angliae, Anglicè vocat. Shillings, necnon duas pecias è cupro, aere, & alijs mixtis metallis ad instar et ad similitudinem bonae, legalis, et current. monetae & cunei auri dictae Dominae reginae regni sui Angliae, Anglicè vocat. half Sovereigns, falso et proditoriè fabricaver. cuder. & contrafecer. & quasdam earundem peciar. sic ut praemittitur, falso & proditoriè fabricat. cousin. & contraf. etc. diversis ligeis dictae dominae reginae pro vera, legitima, & currente moneta hujus regni Angliae apud B. praed. in dict. Com. E. & alibi in dicto Com. E. postea deceptiuè, falsò, & proditoriè, judgement, for a man to be drawn, and hanged: and for a woman, to be burned. exposuer. solver. & utteraver. in magnum praejudicium, fraudem et deceptionem ligeorum dictae dominae reginae, ac contra pacemejusdem dominae Reginae, coronam et dignitatem suam, necnon contra formam statut. in hujusmodi casu edit. et provis. 20. An Indictment for clipping of gold and silver, and uttering the same. IVratores, etc. quod E. D. de Civitat. Covent. Pedlar, die & anno, etc. ac diversis diebus ante & postea apud Civit. praed. 30. pec. auri voc. Royals, ac 300. pecias argenti voc. Groats bonae & legalis monet. Angliae & cunagij dict. dominae Reg. pro lucri causa falso, fellow. & proditoriè totondit & filavit; ita quod per tonsionem & filationem illas quaelibet pecia auri inde de 12.d. in suo debito pondere diminuebatur, judgement, for a man to be drawn, and hanged: and for a woman, to be burned. ac quaelibet pecia argenti inde de uno obulo in debito suo pondere diminuebatur, & monet. ill. in forma praed. tonsam & filat. diversis ligeiss dict. dominae reginae apud Civit. praed. in Com. praed. falsò, fellow. & proditoriè exposuit & utteravit, contra formam statut. etc. ac contra pac. etc. 21. Another Indictment for the counterfeiting of the Queen's Letters Patents to beg, and taking the Queen's broad Seal from other Letters Patents, and putting it to the counterfeit Letters Patents. IUratores pro Domina Regina dicunt et present. quod I. D. nuper de M. in Com. etc. Deum prae oculis suis non habens, sed instigatione diabolica seduct. die etc. apud etc. deceptiuè, falsò, & prodi●●●● quasdam fals. literas patentes scripsit de collect. devotion. & charitat. populorum ipsius dom. Reg. tenore contin. viz. Elizabeth by the Grace of God, etc. Ac cum idem 1 dict. falsas literas paten. sic ut praemittitur contrafecisset, idem I. praed. die etc. Anno etc. apud M. praed. in Com. praed. quoddam magnum sigillum dictae Dominae adtunc praeantea quibusdam alijs literis patentibus annexum et legitimè apposite. irripuit. & accepit, & illud sigillum dictis falsis & contrafactis literis deceptive, falsò, & proditoriè apposuit & annexuit, & easdem literas sigillo illo subtiliter sigillavit; Et sic magnum sigil. dict. dominae reginae, ibid. & adtunc, voluntariè & proditoriè contrafecit, falsificavit, & fabricavit. Et idem I. posteà scil. die etc. anno etc. apud M. in Comitat. praed. ac diversis alijs locis ejusdem Com. diversas denariorum summas diversorum ligeorum dictae dominae Reginae colore literarum praed. modo et forma praedict. contrafactar. et sigillat. deceptiuè, judgement, for a man, to be drawn and hanged: and for a woman, to be burned. falsò, et proditoriè colligebat, habuit, et recepit, et ad usum suum proprium convertit, in malum et perniciosum exemplum, ac contra formam statut. in hujusmodi casuedit. et provis. et contra pacem dictae dom. reg. etc. 22. An Indictment of Treason for making of false gold at Rouen in France, and for uttering of it in England. IUrator. pro domino rege etc. present. quod H.S. nuper de Hallifax in Com. Ebor. Merchant, alias dict. H.S. de Hallifax in Com. E. Merchant, undecimo die mensis Novembris, Annis regnorum Philippi & Mariae Dei gratia Regis & Reginae Hispaniarum, Franciae, Angliae, utriusque Ciciliae, jerusalem, & Hiber. fidei defensor, Archiduc. Austriae, duke. Burgundiae, Mediolani, et Brabantiae, Com. Haspurgij, Flandriae, & Tirolis, 3o. & 4ᵒ. numerum 16. l. & 10. s. in 60. & sex pec. voc. half Sovereigns and English Crowns de aere, cupro, alcameno, & diversis alijs metallis insimul mixed. falsò & proditoriè apud Rouen & deep in partibus transmarinis in regno Galliae, ad similitudinem bonarum dimid. sufferancear. & coron. auri de cuneo dictor. domini regis & Dominae Reginae hujus regni Angliae, per quosdam falsos prodit. apud Rouen & deep praed. in praed. partibus transmarinis falso & prodit. ibidem fabricat. & contrafact. à praed. regno Galliae usque ad hoc regnum Angliae & ad Civitatem Norwichiae introduxit & introduci procuravit. Et praed. H. S. sciens praed. 60. dimid. sufferanc. voc. threescore half Sovereigns, ac praedict. sex coronas, Anglicè 〈◊〉. six English Crowns, modo & forma praed. fore falsas & 〈…〉 secundum formam & similitudinem bonar. dimidiar. s● 〈…〉 Coronat. hujus regni Angliae, affirmans dictas sufferanc. 〈…〉 ●las fore de bono auro & stabili moneta hujus regni Angliae 5. falsas dimid. sufferanc. & unam Coronam voc. half English Sovereigns, and one English Crown, de praed. 60. & sex dimid. sufferanc. & Coronis in forma praed. ex aere, cupro, & alcameno fabricat. & contrafact. cuidam H.B. hic apud Norwic. in Com praed. pro uno equo, uno gladio, judgement, for a man to be drawn, and hanged: and for a woman, to be burned. & uno scuto de bonis & Catallis praed. H. B. per ipsum H.S. de eodem H.B. adtunc & ibidem emptis pro bona solutione falsò, fraudul. & proditoriè, adtunc & ibidem, utteravit, solvit, ac liberavit, contra pacem etc. ac contra formam statut. etc. 23. Of murder by two with a weapon, and one accessary before the offence committed IUratores pro domino rege etc. praesentant quod H.W. nuper de S. in Comitatu E. Taylor, & W.C. de S. in Com. E. praed. Weaver, primo die Martij, Anno etc. apud C. in parochia de S. praed. in Com. E. praed. vi & armis &c. in quendam T.B. in pace Dei & dict. domini regis, adtunc & ibidem existent. ex malitia sua praepensa insult. fecer. & praed. H.W. cum quodam falcastro, Anglicè vocat. a Welsh hook, valour. 12.d. quem idem H. in manibus suis adtunc & ibid. tenebat, praedict. T.B. super dextrum brachium propè manum dextram, adtunc & ibid. ex malitia sua praepensa & praecogitata felonicè & proditoriè percussit, dans eidem T. adtunc & ibid. cum falcastro praedict. unam plagam mortalem profunditatis duorum pollicium & longitudinis quinque pollicium de qua quidem plaga mortali praedict. T. adtunc & ibid. instanter obijt. Et sic praedict. H. W. & W. C. apud S. praedict. in Comitatu E. praed. modo & forma praed. praefat. T.B. felonice & proditoriè ex malitia sua praecogitata interfecer. & murdraver. contra pacem dicti Dom. regis nunc, coronam & dignitatem suas. Et quod I.H. de S. praed. in Com. E. praed. Husbandman, ante proditionem, fellow. & murdr. praedict. per praefat. H. & W. sic in forma praedict. commiss. & perpetrat. viz. praed. primo die Martij, judgement, for a man to be hanged, drawn & quartered: and for a woman to be burnt. anno etc. apud S. praed. in Com. E. praed. praedictos H.W. & W.C. add fellow. proditionem, & murdr. praed. sic in forma praedict. saciend. & perpetrand. malitiosè, proditoriè, & fellow. incitavit, abettavit, & procur. contra pacem etc. ac contra formam statut. etc. 24. For a murder by two with a weapon. IVrat. pro domina regina etc. praesentant quod A.B. nuper de C. in dict. Com. E. Blacksmith & D.E. de C. praed. in Com. E. praed. Butch●● primo die Septembris, Anno Regni dictae dominae nostrae Eli● 〈◊〉 Dei gratia Angliae, Franciae, & Hiberniae reginae fidei ●●fensoris etc. tricesimo, vi & armis ex malitia sua praemeditata, in quendam F.G. nuper de B. in dicto Com. E. yeoman, apud B. praed. in Com. E. praed. in quodam loco ibid. (vulgariter nuncupato the bowling place,) adtunc & ibidem in pace Dei & dictae dominae reginae existen. insultum fecerunt, & praefatus A.B. cum quodam gladio districto, ad valentiam 5. solidor. quem ipse in manu sua dextra adtunc & ibidem tenuit, ipsum F.G. super sinciput suum voluntariè, proditoriè, & felonicè ex malitia sua praepensa & praecogitata, tunc & ibidem, percussit, & eo ipso ictu dedit eidem F.G. quandam plagam mortalem in longitudine trium pollicium, & in profunditate quinque pollicium & dimid. de qua quidem mortali plaga praed. F.G. tunc & ibid. instanter & immediatè obijt. Et ulterius, quod praed. D. E. cum quodam baculo ad valentiam unius oboli (quem ipse in manibus suis tunc & ibidem tenuit) ipsum F.G. adtunc et ibidem, voluntariè, proditoriè et felonicè percussit super caput suum, dans eidem F.G. unam aliam plagam mortal. in dicto suo capite, in longitudine trium pollicium, et in profunditate duorum pollicium, unde idem F. G. de plaga ultimò praed. obijsset, si non obijsset de ictu illo priore praed. quem praedict. A. B. ei primo dederat. Et sic jurat. praedicti dicunt quod praenominati A. B. & D. E. dict. 7. die Septembris, anno supradict. apud B. praed. in praed. loco (voc. the bowling place,) praed. F.G. modo & forma praed. ex malitijs suis praecogitatis, voluntar. proditoriè & felonicè interfecer. & murdraver. contra pacem dict. Dominae Regin. coronam & dignitatem suam, judgement, ut supra, in the next foregoing Precedent. ac contra formam statut. in hujusmodi casu provis. 25. For murder with a Cudgel. IVrat. pro Dom. regina praesentant, quod I.S. nuper de T. infra parochiam de C. in Comitat. E. praedict. Labourer, 13. die julij, etc. non habens Deum prae oculis suis, sed instigatione diabolica mot. & seductus, ex malitia sua praecogitat. vi et armis, etc. in quendam Ric. N. apud C. in Comit. E. praedict. adtunc et ibid. existen. in pace Dei & dict. Dom. Reginae, insult. & affraiam fecit, ac uno bacillo vocat. a Cudgel, nullius valoris, quem idem I.S. adtunc & ibid. in manu sua dextra tenuit, eundem R.N. in dextra parte capitis ipsius R. adtunc & ibidem proditoriè & felonicè ex malitia sua praepensa & praecogitat. percussit, dans eidem R. adtunc & ibid. cum bacillo praedict. unam plagam mortalem longitudinis trium pollicium, & profunditatis unius pollicis, de qua quidem plaga mortali praed. R. apud R. in praed. Com. E. languebat à praed. 14 die junij, Anno supradict. usque 27. diem ejusdem mensis junij tunc prox. sequen. Q●o quidem 27. die junij, Anno supradict. praed. R.N. apud R. praed. in Com. E. praed. ex plaga praed. mortali obijt. Et sic praed. johan. S. eundem R. N. apud C. praed. in Com. E. praed. ex malitia sua praepensa & praecogitata modo & forma praed. proditoriè & felonicè interfecit & murdravit, judgement, 〈◊〉 supra, in the 23. Pres. contra pacem dictae Dom. Reginae, coronam et dignitatem suam, ac contra formam stat. in hujusmodi casu edit. & provis. 26. For murder and procurement in the Highway. IVratores pro Domina Regina praesentant, quod P.P. nuper de L. in praedict. Com. E. Labourer, 20. die Octobris, anno, etc. inter horas sextam & septimam post meridiem ejusdem diei, Deum prae oculis suis non habens, sed instigatione diabolica motus & seductus, ex malitia sua praecogitata, vi & armis, etc. in quendam R.P. in via regia apud P. infra parochiam de S. in Comitat. E. praed. adtunc & ibidem in pace Dei & dict. Dominae Reginae, existen. insultum fecit, & cum uno baculo valoris 2.d. quem idem P.P. adtunc & ibidem in manibus suis tenuit, eundem Rich. super dextram partem capitis sui, adtunc & ibidem, felonicè & proditoriè ex malitia sua praecogitata percussit, dans eidem Rich. adtunc & ibid. cum baculo praed. unam plagam mort. in longitudine duor. pollicium & in profunditate dimid. pollicis, de qua quidem plaga mort. praed. R.P. apud E. infra parochian de S. in Con. E. praed. à praed. 22 die Octob. ann. 15. suprad. usque sept. diem Feb. tunc prox. sequen. languebat: quo quidem septimo die Febr. anno 15. supradict. idem R. P. apud E. praed. in Com. E. praed. de praed. plaga mortali obijt. Et sic juratores praed. dicunt super sacramentum suum praed. quoth praed. P.P. ipsum R.P. infra parochiam de S. praedict. in Comitatu E. praedict. dicto septimo die Februarij anno supradicto ex malitia sua praecogitata, modo & forma praed. proditoriè & felonicè interfecit & murdravit, contra pacem dictae, etc. Et quod Katherine P. uxor praed. R. nuper de L. praed. in Com. E. praed. Spinster, ante proditionem, feloniam, & murd. praed. per ipsum P.P. sic in forma praed. fact. & perpetrat. viz. 21. die Octobris, anno 15. supradict. eundem P.P. apud L. praed. in Com. E. praed. ad proditionem, feloniam, & murdrum praed. in forma praed. sic faciend. & perpetrand. proditoriè & felonicè ex malitia sua praecogitat. excitavit, judgement, ut supra. in the 23 abettavit, & procuravit, contra pacem dictae dominae Reginae, etc. ac contra formam statuti, etc. 27. Another for murder and divers wounds against the Actors and Procurers. IUrat. pro Domina regina, etc. praesentant quod T. E. nuper de S. in Com. E. praedict. yeoman, & H.O. nuper de S. in Com. praed. yeoman, 3. die junij, etc. vi & armis ex malitia sua praecogitata, in quendam W.B. apud T. in Com. E. praedict. in quodam loco ibid. vocat. H. adtunc et ibidem in pace dei & dictae Dominae reginae existentem, insultum fecer. & praed. T.B. cum quodam baculo ad valentiam duorum denariorum quem ipse in ambabus manibus suis adtunc et ibidem tenuit, ipsum W.B. super posteriorem partem capitis sui proditoriè et felonicè ex malitia sua praecogitata percussit, dans ei unam plagam mortalem latitudine quatuor pollicium, de qua quidem plaga mortali, praed. W. B. tunc & ibidem immediate obijt. Et quod praedictus H. O. cum quodam pugione ad valent. sex denarior. quem ipse in manu sua dextra adtunc et ibidem tenuit, ipsum W.B. adtunc et ibidem ex malitia sua praecogitat. proditoriè et felonicè percussit, dans eidem W. in gutture suo, unam aliam plagam mortalem latitudine unius pollicis et profunditate quinque pollicium, unde idem W. B. de plaga praedict. immediate obijsset, si non obijsset de ictu praed. quem praed. T. ei dedisset priùs. Et sic praed. T. B. et H.O. dicto tertio die junij anno supradicto apud T. praed. in Com. E. praed. in praedicto loco vocat. H. praedictum W.B. proditoriè & felonicè ex malitia sua praecogitata interfecer. et murdraverunt. Et quod Eliz. B. nuper de S. praed. in Com. E. praed. Spinster, uxor praed. T.B. et I.O. nuper de S. praed. in praed. Com. E. Spinster, uxor praed. H. O. praed. 3. die junij anno supradicto in praed. Com. E. vi et armis, judgement, ut supra in 23. etc. in praed. loco apud T. praed. vocat. H. ex malitia sua praecogitata proditoriè et felonicè present. fuerunt abettantes, auxiliantes, et confortantes praedict. T.B. & H.O. add vulnerand. praed. W. B. et praed. T.B. & H.O. ad proditionem, feloniam, et murdrum, praed. in forma praed. faciend. proditoriè & felonicè ex malitia sua praecogitat. adtunc et ibid. excitaver. & procuraver. contra pacem dictae dominae reginae, coronam & dignitatem suam, ac contra formam statut. etc. 28. An Indictment against a widow for procuring one to murder her child in her presence after she was delivered by cutting the throat, and against the procurers before, and Relievers after the offence committed. IUrator. pro domina regina praesentant, quod H.M. nuper de K. in praedict. Com. E. vidua, gravida existens cum quadam infante viva, 24. die Maij, Anno regni dictae Dominae nostrae Elizabethae Dei gratia Angliae, Franciae, & Hiberniae Reginae, fidei defensor. etc. secundo, apud K. praed. in Com. E. praedicto, ex Dei providentia parturijt et peperit unam prolem faemellam vivam: posteaque quaedam jana S. nuper de W. in dicto Com. E. vidua apud K. praed. in Com. E. praed. vi et armis, ex malitia sua praecogitata (dicto 24. die Maij anno supradicto, circa horam undecimam ante meridiem ejusdem diei) per consilium, mandatum, et procurationem praedictae H.M. ac in praesentia ipsius H.M. in praedictam prolem faemellam vivam insultum fecit, & cum quodam cultello (ad valentiam unius denarij) quem ead. jana tunc in manu sua dextra tenuit, guttur ipsius prolis faemellae adtunc & ibidem ex malitia sua praecogitata proditoriè et felonicè scidit, dans eid. proli faemellae quandam plagam mortalem in gutture suo praed. de qua quidem plaga praedicta proles faemella apud K. praed. in Com. E. praed. adtunc & ibidem instanter obijt. Et quod praedicta H. M. adtunc & ibidem proditoriè & felonicè ex malitia sua praecogitata & praepensa fuit praesens, confortans, & auxilians ad praedictam prolem faemellam in forma praed. interficiendam. Et sic praefat. H. M. & jana praedictam prolem faemellam ex malitia sua praecogitata proditoriè, felonicè, & voluntariè interfecerunt & murdraverunt, contra pacem Dom. reg. coronam et dignitat. suas, Procurement. & contra formam statut. etc. Et insuper juratores praedicti praesentant pro dicta domina regina quod Georgius P. nuper de K. praedicta in dicto Com. E. yeoman, 19 die Maij, Anno regni dictae dominae reginae secundo, ac diversis alijs diebus et vicibus ante proditionem, feloniam & murdr. praed. in forma praedict. perpetrat. apud K. praedict. in Com. E. praedicto, malitiosè, proditoriè, et felonicè consuluit, mandavit, procuravit & abettavit praedict. H.M. ad praedictam proditionem, feloniam & murdrum volentar. faciendum, ac ad interficiendum & murdrandum dictam prolem faemellam, contra pacem dictae dominae Reginae. Et ulterius quod O. P & A.B. de K. praed. in Com. E. praed. Spinsters post feloniam, murdrum, Relievers after the fact. & proditionem praedict. in forma praed. fact. scientes praefatas H. M. & I.S. proditionem, judgement, ut supra in the 23 for the Actors and Procurers: but for the ●elievers after, quaere. feloniam, & murdrum praed. in forma praed. fecisse et perpetrasse, ipsam tamen H.M. apud K. praed. in Comit. E. praed. (27. die dict. Mensis Maij anno supradicto) felonicè receptaverunt & confortaver. contra pacem dict. dominae reginae nunc, coronam & dignitatem suas, & contra formam statuti, etc. 29. An Indictment of Treason for a murder against the Actor, and the Procurer before the Fact. IUratores pro Domina Regina praesentant, quod A.B. de C. in Com. E. Grocer, decimo die Septembris, Anno regni dictae dominae nostrae Elizabethae Dei gratia Angliae, Franciae, & Hiberniae Reginae, fidei defensor. etc. tricesimo quarto, in domo mansionali cujusdam B.D. apud C. praedict. in Com. E. praedict. vi & armis, viz. cum gladio & pugione districtis ad valent. decem solidorum (quos idem A.B. tunc ibidem in manibus suis tenuit) in praenominatum B.D. tunc et ibidem in pace Dei et dictae Dominae reginae existentem, voluntariè et ex malitia sua praecogitata, insultum fecit, et eundem B. D. adtunc et ibidem cum dicto gladio felonicè & proditoriè ac ex malitia sua praecogitata, super caput suum fortiter & validè percussit, ita quod dicto ictu caput ipsius B. D. tunc & ibidem in duas partes scidit, dans ei plagam mortalem unde corpus praed. B. D. immediatè ibidem ad terram cecidit, et dict. B. D. instanter ibidem de plaga praedicta obijt: Et sic praef. A.B. apud C. praed. ex malitia sua praecogitata & praepensa eundem B.D. modo et forma praedict. volunt. nequiter, felonicè, & proditor. interfecit et murdravit, contra pacem dictae dominae nostrae Reginae nunc, coronam & dignitatem suas. Et quod quidam I.S. de C. praed. in dict. Com. E. Grocer, ante feloniam et proditionem praed. per praefatum A.B. sic ut praefertur, voluntariè perpetrat. & commissum, viz. sexto die Decembris anno praedicto, eundem A. B. apud C. praed. in come. E. praed. ad feloniam & proditionem praed. in forma praed. perpetrand. & committend. felonicè et proditoriè consuluit, judgement, ut supra, in 23. excitavit, et procuravit, contra pacem dict. dominae nost. Reginae, coronam et dignitatem suam, ac contra formam statut. in hujusmodi casu edit. et provis. 30. An Indictment of Treason for wilful poisoning with herbs in Pottage. IUratores pro Dom. regina present. quod T.H. de C. in Com. E. praed. yeoman, secundo die Decembris, Anno regn. dict. Dom. nostrae Eliz. Dei gra●ia Angliae, Franc. & Hiber. regin. fidei defensor. etc. 36. ap●d C. praedict. in Com. E. praed. in domo mansionali ibidem cujusdam W.B. nuper de C. p●●●d. in dicto Com. E. yeoman, ex malitia sua praepensa & praecogitata, voluntariè & proditoriè porrexit ac dedit in catillo quodam eidem W.B. ad edendum quaedam olera (Anglicè vocat. pottage) ex cicuta venenosissima & alijs herbis virulentis confecta & composita, quae quidem olera praedictus W.B. tunc ibidem cum cocleari (quod in manu sua dextra tenuit) comedit, unde praedictus W. B. statim postea aegrotabat, et à praedicto secundo die anno supradicto in dicta domo sua apud C. praed. languebat usque sextum diem dicti mensis Decembris anno supradicto, quo quidem sexto die anno supradicto praed. W.B. ex dicto esu olerum praed. in dicta domo sua apud C. praed. in dicto Com. E. obijt. Et sic juratores praed. praesentant quod praed. T.H. praenominatum W. B. apud C. praedictam in Com. E. praed. modo et forma supradictis, judgement, ut supra, in the 23. ex malitia sua praepensa & praecogitata voluntariè & proditoriè veneno praedicto interfecit & murdravit, contra pacem dictae dominae reginae nunc, ac contra formam statut. in hujusmodi casu edit. & provis. 31. Of Treason for wilful poisoning of one by a potion. IUr. pro Dom. regina etc. present. quod H.R. nuper de C. in Com. E. Miller 10. die Octobr. Anno etc. Deum prae oculis suis non habens, sed instigatione diabolica seduct. ex malitia sua praepensa & praecogitata quendam R.F. in pace Dei & dictae Dom. reginae existen. apud C. praed. in Com. E. praed. ad bibendum praetextu amoris & amicitiae invitavit, & eidem R.F. adtunc & ibidem potionem quandam veneno intermixtam & intoxicat. ex malitia sua praed. felonicè & proditoriè dedit, quam quidem potionem praed. R. F. ex instigatione & provocatione dicti H. adtunc & ibidem accepit, & eandem potionem super illud immediatè bibebat & exhausit, ratione cujus dictus R.F. immediatè post potionem praed. sic exhaustam, morbo correptus fuit, ac à praedicto 10. die Octob. anno supradicto usque quartum diem Febr. etc. apud C. praed. in praed. Com. E. languebat, quo quidem quarto die Feb. anno 8. supradicto praedict. R.F. ex potione & intoxicatione praedict. apud C. praed. in Com. E. praed. obijt. Et sic praedictus R.H. praefat. R.F. apud C. praed. in Com. praed. modo & forma supradict. cum potione praed. veneno intermixta & intoxicata felonicè & proditoriè & ex malitia sua praecogitata & praepensa interfecit & murdravit, judgement, ut supra in 23. contra pac. dict. dom. Reginae nunc, et contra formam statuti inde in hujusmodi casu editi et provisi. 32. For Treason against the wife for poisoning her husband by putting Arsenic and Rosegree in his drink. IUratores etc. quod A.B. de etc. vid. nuper uxor I.B. de F. praed. etc. contra debitum matrimonij vinculum, ac zelum et amorem quem eadem A.B. erga praed. I.B. nuper virum suum gerere deberet, diabolico instinctu ducta, & ex malitia sua praecogitata, machinans & intendens eundem I.B. nuper virum suum de vita sua privare, ac ipsum felonicè & proditoriè murdrare, 11. die I. etc. apud etc. proditoriè & felonicè ex malitia sua praepensa & praecogitata posuit in potu ipsius I.B. adtunc viri sui quoddam venen. mortiferum, vocat. Arsenic & Rosegree, ac potum illum sic venenatum ex malitia sua praepensa & praecogitata proditoriè & felonicè adtunc & ibidem praed. I.B. dedit & ministravit bibendum, qui quidem I.B. nihil fraudis aut doli versus praed. A. inde suspiciens potum illum sic venenatum & intoxicat. adtunc & ibidem per instigationem & provocationem dictae A. bibit, per quod idem I.B. ab eodem 11. die junij etc. usque 22. diem jun. tunc prox. sequent. languebat: Quo quidem 22. die anno etc. idem I.B. de veneno illo apud F. etc. obijt. Et sic dicunt juratores praed. quoth praed. A. praed. 22. die I. anno etc. dict. I.B. adtunc virum suum apud etc. proditoriè et felonicè intoxicavit, judgement, ut supra, in 23. interfecit, et murdravit, contra pacem dicti Dom. Regis etc. ac contra formam statut. etc. 33. Of high Treason for rebellious insurrection, and the Aiders and Comforters. INquiratur pro domino rege quod R.M. nuper de S. in Com. K. ac alij fals. proditores et inimici metuendissimi ac Christianissimi principis E. regis Angliae quarti post conquestum Angliae ignoti, die et anno etc. apud Saint Elius in Insula vectae in Com. South. se insimul congregaverunt, ac tunc et ibidem vi et armis, viz. gladijs, etc. insurrexerunt ad confortand. et supportandum I. nuper Comitem W. falsum proditorem et inimicum domini regis nunc, apud W. de diversis alijs proditionibus erga ipsum regem infra regnum suum Angliae factis convict. et attinctum, idemque R.M. et alij proditores et inimici praed. praedict. I. nuper Comitem W. et complices suos, ut falsi proditores, contra ligeantiae suae debit. falso et proditoriè, adtunc et ibidem, ad praemissa faciend. confortaverunt et auxiliaverunt, ac tunc et ibidem eidem I. nuper Comit. W. et complicibus suis fuerunt adhaerentes, judgement, ut supra, in the 23. Pres. scientes ipsum I. nuper Comitem W. de proditionibus suis praedictis attinct. et convict. fuisse, contra ligeantiam suam, contra pacem, etc. ac contra formam statut. etc. 34. An Indict. of Treason against one for breaking of a house, and murdering of one with a Cudgel in his bed by privity and consent of the wife of the murdered. IUr. etc. present. quod E.D. nuper de E. etc. circa horam 12. in nocte ejusdem diei, Deum prae oculis suis non habens, sed ex malitia sua praepensa et praecogitata, vi et armis, viz. etc. domum P.R. apud C. in Com. praed. proditoriè & felonicè fregit & intravit, & in praef. R.P. adtunc & ibid. nudum in lecto suo jacentem, insultum & affraiam fecit, & eum cum uno baculo valoris 12.d. voc. a Cudgel, eundem R. P. super caput suum usque ad cerebrum, adtunc & ibid. felonicè & proditoriè ex malitia sua praecogitata & praepensa percussit, dans ei plagam mortalem, de qua quidem plaga mortali idem R.P. adtunc & ibid. instanter moriebatur. Et sic idem E.L. eundem R.P. adtunc & ibid. in forma praed. proditoriè & felonicè interfecit & murdravit, contra pacem dictae dominae Reginae, ac contra formam statut. etc. Et quod quaedam Agnes P. nuper de etc. Spinster, tunc uxor praed. R.P. tertio die junij, Anno etc. & diversis diebus ante eundem diem, & ante proditionem & murdrum praed. in forma praed. perpetrat. apud W. praed. in Com. praed. praefat. E.L. ad proditionem & murdrum praed. fac. & perpetrand. proditoriè & felonicè ex malitia praecogitata & praepensa procuravit & abbet. contra pacem dictae dominae Reginae, ac contra formam statuti etc. Et etiam quod eadem A.P. sciens praefat. E.L. proditionem, feloniam, & murdr. praed. in forma praed. fecisse & perpetrasse, praed. E.L. 3. die junij, judgement, ut supra, in 23. Anno etc. apud W. praed. in Com. praed. felonicè & proditoriè receptavit & confortavit, contra pacem dict. dom. reg. etc. & contra form. stat. etc. 35. An Indict. of Treason for a Murder committed of malice prepensed. IUratores pro domina Reg. etc. praesentant quod T.H. nuper de E. in Com. Chester Labourer, vicesimo die etc. circa horam sextam post meridiem ejusdem diei, apud T. praed. in Com. praed. ex malitia sua praecogitata & praepensa, & de insultu praemedit. vi & armis in quendam R.B. nuper de T. praed. in Com. praed. yeoman, adtunc & ibidem in pace Dei & dictae dominae Reg. exist. insultum fec. & cum quodam baculo, Anglicè voc. a piked staff, pretij 4.d. quod ipse in manibus suis adtunc & ibidem tenuit, praed. R.B. super caput suum ex malitia sua praecogitata felonicè & proditoriè percussit, dans ei, adtunc & ibidem, unam plagam mortalem longitud. duor. pollicium in sinistra parte capitis sui usque ad cerebrum, de qua quidem plaga mortali praef. R.B. languid. jacebat usque ad 19 diem januarij extunc prox. sequen. quo quidem 10. die jan. anno etc. idem R.B. apud T. praed. in Com. praed. ex ipsa plaga ei dat. modo & forma praed. moriebatur; judgement, ut supra, in the 23. Pres. Et sic idem T.H. praed. R.B. ex malitia sua praepensa & praecogit. proditoriè & felonicè interfecit & murdravit, contra pacem dictae dom. reg. coron. & dignitat. suas, & contra formam stat. etc. 36. An Indict. for murdering of a man child newly borne, which is murdered by the mother. IUrator. pro domina reg. etc. present. quod E.B. nuper de T. in Con. etc. Spinster, 29. die etc. Anno etc. apud T. praed. adtunc et ibidem quendam infantem masculum peperit: et postea praed. E. praedictis die & anno apud T. praed. vi & armis ex malitia sua praecogitata super praed. infantem tunc vivum existent. insultum fecit, & adtunc & ibidem ex malitia sua praed. infantem voluntariè, felonicè, & proditoriè cum digitis suis super caput suum tam dure tractabat quod praed. infans praed. dura tractione immediatè moriebatur. Et sic praed. E.B. praed. die & anno suprad. praed. infantem masculum ex malitia sua praecogitata, judgement, ut supra, in the 23. Pres. modo & forma praed. felonicè & proditoriè interfecit & murdravit, contra pacem dictae dom. reg. nunc, etc. & contra formam statut. etc. 37. An Indictment of murder committed by the Father upon his own daughter with his Fist. IUr. etc. quod I.L. de etc. die & anno &c. apud etc. in quodam loco vocat. E. in Com. praed. vi & armis &c. in quandam A.L. filiam praed. I. in pace dei & dictae dominae Reg. exist. ex malitia sua praecogitata insultum fecit, verberavit, & maletractavit, ita quod de vita sua desperabatur. Ac praed. I. cum suis pugnis adtunc & ibid. ex malitia sua praecogitata eandem A.L. felonicè & proditoriè super corpus suum percussit, dans eid. A. unam plagam mortal. super pectus suum, de qua quidem plaga mortali eadem A. incontinenter adtunc & ibid. obijt. judgement, ut supra, in the 25. Et sic praed. I. praed. A. adtunc & ibidem, fellow. & proditoriè interfecit & murdravit, contra pacem etc. ac contra formam stat. etc. 38. An Indict. before the Coroner for killing and robbing of one by the high way, and flying thereupon, and a Town amerced for not apprehending the fellow. INquisitio indentata capta apud B. in Com. praed. in quodam loco ibid. voc. lawless cross, die etc. Anno etc. coram W.W. gen. uno Coronat. dictae Dominae Reg. Com. praed. super visum corporis cujusdam I.W. nuper de L. etc. adtunc & ibid. jacent. mortui, per sacramentum bonorum & legalium hominum villatae de B. praed. & trium aliar. villat. propinqu. viz. etc. ad inquirend. qualiter & quomodo praed. I.W. ad mortem suam devenit, viz. per sacrament. etc. Qui dicunt super sacramentum suum quod ubi praed. I.W. 2. die etc. anno supradicto fuit in pace Dei et dictae dominae Reg. equitans inter villam de Wenlock magna & Buyldas magna praed. in Com. praed. sic accidit circa horam undecimam ante meridiem ejusdem diei quod quidam T.L. nuper de H. in Com. praed. yeoman, Deum prae oculis suis non habens ex malitia sua praecogit. apud Lawless cross, praed. in Com. praed. in insidijs jacuit, ea intentione ad murdrand. et interficiend praef. I.W. Ac praed. T.L. ex praedicta malitia sua praecogit. vi & armis, etc. in praefat. I.W. adtunc et ibid. insultum fecit, & ipsum I.W. ab equo suo (super quem idem I. tunc equitabat) in terram dejecit, & collum ipsius Iohannis adtunc & ibid. vi & manuforti felonicè & proditoriè torsit & fregit, unde idem I.W. adtunc die, anno, hora, & loco suprad. moriebatur; & sic praed. T.L. praed. I.W. modo & forma praed. proditoriè & felonicè ex malitia sua praecogitat. murdravit & interfecit, contra pacem etc. & contra formam statuti etc. Et ulterius dicunt juratores praed. quod praefat. T.L. immediatè post fellow. proditionem & murdrum praedict. in forma praed. perpetrat. adtunc & ibidem, unam crumenam coriam pretij 4.d. & 40. s. in nummis numeratis in dicta crumena tunc existen. de bonis & catallis ipsius I. dum vixit, adtunc & ibidem, à corpore ipsius I. fellow. cepit. Et superinde praed. T.L. per defectum & negligentiam inhabitantium villat. de Buyldas praed. fugam fecit, tunc minimè apprehensus existens pro murdro, proditione, & felonia praedict. ideo amerciatur praedicta villata de B. praed. ad. C. s. pro hujusmodi escap. secund. formam statut. in hujusmodi casu edit. & provis. Et dicunt etiam jurat. praedicti super sacramentum suum praed. quoth praed. T.L. praed. secundo die Septembr. anno supradicto, seu unquam postea, nulla habuit bona neque catalla, terras nec tenementa in Comitat. praed. In cujus etc. 2. Endictments of Felony of several sorts. 1. For Manslaughter. IUratores praesentant pro domino Rege quod A.B. de C. in dicto Com. Sowgelder, decimo sexto die Septembris, Anno regur domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. 13ᵒ. apud C. praedict. in Comitatu praedict. in quendam E.F. nuper de C. praedict. in Comitatu praed. Weaver, tunc & ibidem in pace Dei ac dicti Domini regis existen. vi & armis, insultum fecit, & ventrem dicti E.F. tunc & ibidem cum baculo longo cuspide peracuta capitato (Anglicè vocat. along sharp picked staff) quem idem A.B. tunc ibidem in manibus suis tenuit, felonicè pupugit & perfodit, dans eidem E. F. vulnus mortale in dict. ventre suo, latitudinis unius pollicis, judgement, to be hanged. & profunditatis septem pollicium, de quo quidem mortali vulnere idem E.F. tunc & ibid. instanter obijt: contra pacem dicti dom. reg. nunc, coron. & dignitat. suam. 2. An Inquisition taken before a Coroner upon the view of the body of one which had hanged himself in a leather girdle upon the bough of a Tree. INquisitio indentata capta apud M. in Comitatu praed. 13. die April. anno etc. 35. coram johanne M. gen. uno Coronat. dict. dom. reg. Comitatus praed. super visum corp. cujusdam H.W. de D. in Com. E. praed. Sho. ibid. mortui jacent. per sacrament. etc. Qui dicunt supra sacramentum suum quod praed. H. 4. die April. Anno regni dictae dominae Reg. 35. supradicto, circa horam 4. post meridiem ejusdem diei, Deum prae oculis suis non habens, sed instigatione diabolica seduct. in quodam prato cujusdam W.S. gen. apud T. in praed. Com. G. voc. E. Meadow, adtunc & ibidem solus existens, cum uno singulo corij, prerij unius denar. quod ipse tunc & ibid. in manibus suis tenuit, & unum finem inde circa collum suum adtunc & ibidem posuit, & circa ramum cujusdam arboris salicis alter. finem inde ligavit, seipsum adtunc & ibid. volunt. & felonicè suspend. suffocabat & strangulabat. Et sic jur. praed. dicunt supra sacramentum suum quod praed. H.W. modo & forma praed. adtunc & ibid. volunt. & fellow. ut felo de fe, seipsum murdravit, contra pacem dictae Dominae Reg. Ac quod idem B. nulla habuit bona seu catalla, terras neque tenementa. In cujus rei testimonium tam praef. Coronator quam jur. praed. present. sigilla sua apposuerunt; dat. die, anno, & loco suprad. 3. For Manslaughter. IUr. pro Dom. reg. etc. present. quod R.L. nuper de D. in Com. praed. E. yeoman, 19 die Decembris, Anno etc. vi & armis, viz. etc. in quendam T.C. cum quodam candelabro ad valentiam 12.d. quod idem R. in manu sua dextra adtunc & ibidem tenuit, eundem T. super caput suum felonicè percussit, dans eidem T. adtunc & ibidem unam plagam mortalem, posteaque idem R. corpus ejusdem T. adtunc & ibid. ad terram prostrate. manibus genibusque suis tam dire & violenter quassavit ita quod praedict. T. de plaga & quassatione praedict. instanter obijt. judgement, ut supra. Et sic praedict. R. praed. T. modo & forma praed. adtunc & ibidem, felonicè interfecit, contra pacem dictae dominae Reginae, coron. etc. ut alibi. 4. Another Indict. for Manslaughter. IUrat. present. pro Dom. rege, etc. quod A.B. etc. 8. die junij, vi & armis, viz. etc. in johann. P. apud B. praed. in pace Dei & Dom. Reg. existent. insultum & affraiam fecit, & cum manu sua dextra praefat. I.P. in capite suo fellow. adtunc & ibidem, percussit, dans ei plagam mortalem, de qua quidem plaga praed. I.P. adtunc & ibid. incontinenter obijt. judgement, ut supra, Et sic idem A.B. praefat. I.P. adtunc & ibid. modo & forma praed. fellow. interfecit & murdravit, contra pacem dicti Dom. Reg. etc. 5. Another Indictment of Manslaughter against two, and against one other as accessary to the same. IVratores pro domino Rege etc. praesentant quod A.B. de C. in Con. D. yeoman, & W.F. de T. in Com. praed. Husbandman, 2. die etc. in I.W. de C. in Com. praed. Labourer, adtunc in pace Dei & Domini regis existent apud L. praed. insultum fecer. Et idem A. B. cum quodam gladio pretij 10. s. quod dict. A.B. in manu sua dextra tenuit, eundem I.W. tunc & ibidem in gut. ipsius I. fellow percussit, de quo ictu praed. I. tunc & ibidem instanter moriebatur. Et praed. W.F. cum quadam tendite, voc. a hedge bill, quam ipse in manibus suis tunc tenuit, ipsum I.W. adtunc & ibid. percussit, & ipsum A.B. ad interficiend. praed. I.W. adtunc & ibid. felonicè auxiliatus fuit. Et sic praed. A.B. & W.F. praed. die, anno, Accessary. & loco praed. praed. I.W. modo & forma praed. felonicè interfecer. contra pacem etc. Et quod H.W. de P. in Com. praed. gen. sciens praed. A.B. fellow. praed. in forma praed. fecisse, apud L. praed. & alibi in dicto Com. decimo die etc. eundem A.B. fellow. recepit, auxiliatus fuit, & concelavit, judgement, ut supra. contra pacem etc. 6. An Inquisition taken by a Coroner super visum corporis. INquisitio capta apud S. in Com. S. die etc. anno etc. coram I.B. uno Coronatorum dictae Dominae Reg. in Com. praed. super visum corporis A.B. nuper de E. in Com. praed. Husbandman, ibid. jacen. mortui, per sacrament. etc. Qui dicunt super sacramentum suum quod ita accidebat apud G. praed. die etc. anno etc. quod praed. A.B. aegrotabat apud G. praed. de febri à 10. die Aprilis usque ad 20. diem mensis ejusdem, Quo quidem die ex Febri praed. & visitatione Dei adtunc & ibid. praed. A.B. circa horam 10. ejusdem diei ante meridiem, obijt. Et juratores praed. dicunt quod praed. A.B. ex nullo alio morbo, aegritudine, aut infirmitate ad mortem suam deveniebat, sed haec est causa mortis suae & non aliter. In cujus rei testimonium huic Inquisitioni tam praed. Coronator quam juratores praed. sigilla sua apposuerunt. 7. An Inquisition found before a Coroner upon the view of the body, in which it is found that S.A. being keeper of the Earl of Pembroke his Park, finding one hunting in the same park required him to stand and yield himself, he nevertheless defended himself and would not yield, whereupon the Park-keeper with a Forrest-bill by a thrust in the breast killed him. INquisitio indentata capta apud Saxefield in Com. S. 9 die Februarij anno etc. per sacrament. etc. Qui dicunt super sacramentum suum quod cum quidam S. A. parcarius praenobilis W. Com. P. parci sui de P. in Com. praed. 20. die januarij anno Regni dictae Dominae Reginae 4. circa 11. horam ejusdem diei, inveniebat praed. T.H. in parco praed. venant. & vagrantem ad damnum ibid. faciend. Et praed. T.H. post clamorem per praed. S. adtunc & ibid. levat. ad pacem dictae Dominae Reginae ad stand. rect. reddere se nolebat, sed ad malitiam suam exequend. & continuand. & pacem dictae dominae Reginae diffugiendum, vi & armis tunc & ibid. se defendebat, praed. S.A. adtunc & ibidem veniens ad eundem malefactorem sic juvent. arrestand. & capiendum, cum quadam tendite, (Anglicè vocat. a Forest bill) quam praed. S.A. in manu sua dextra tenuit, praed. T.H. vi & armis resistent. adtunc & ibid. in pectus ipsius T. percussit, de quo quidem ictu idem T.H. primo die Februarij tunc proximè sequen. apud Saxefield praed. in Com. praedicto, obijt. Et juratores praedicti ulterius dicunt super sacramentum suum, quod praed. S.A. non occasione alicujus discordiae, contumeliae, aut alicujus malevolentiae sive odij praecogitat. sed solummodo ob causam praed. & non aliam praed. T.H. percussit, ut prefertur. In cujus rei testimonium etc. 8. An Indictment or Inquisition before the Coroner super visum corporis of one who killed one in his own defence. INquisitio indent. capta apud T. in Com. Cestriae 2. die etc. anno etc. coram I.M. gen. uno Coron. dictae Dominae Reg. in Com. praed. super visum corporis A.B. nuper etc. adtunc & ibid. super terram mortui jacen. per sacramentum etc. I.H. etc. ac de tribus alijs villat. propinquior. viz. A.B.C. in Com. praed. ad inquirend. qualiter & quomodo praed. A.B. ad mortem suam devenit, qui super sacrament. suum dicunt, Quod cum ipse A.B. 15. die Octobr. anno regni etc. 5. circa horam septimam ante meridiem ejusdem diei apud T. praed. in Com. praed. vi & armis, contra pacem dictae dominae Reginae, in quendam R. nuper de T. praed. in Com. C. praed. Butcher, adtunc & ibidem in pace Dei & dictae dominae Reginae exist. insultum fecit, & ipsum R.B. cum quodam baculo, vocato a Pikeforke, quem idem A. in manibus suis tenuit, verber. & super brachium suum graviter percussit, ita ut idem R.B. pro ipsius vitae salvatione à praed. A.B. quant. potuit, fugit usque ad magnam concavam, vocat. a hollow slack, ultra quam ipse R.B. à praef. A. fugere non potuisset, & sic ipse R.B. seipsum ac vitam suam defendendo, praed. A.B. praed. insultum assiduè continuante, super interiorem partem capitis ipsius A. dicto 15. die Octobris, anno, hora & loco supradictis cum quodam baculo vocat, a Brownebill, pretij etc. quem idem R.B. adtunc & ibid. in manibus suis tenuit, percussit, dans ei plagam mortalem tres pollices longam, unum pollicem latam & dimid. unius pollicis profund. super quam quidem plagam ipse A.B. languidus jacebat usque ad 20. diem Octobr. praed. in quo quidem 20. die Octobr. anno etc. idem A. apud T. praed. in Com. praed. ex ipsa plaga ei dat. modo & forma praed. moriebatur. In cujus rei testimonium etc. 9 An Indict. of Inquisition taken before the Coroner super visum corporis of one slain by misfortune, by one as he was shooting at the Butts. INquisitio indent. capta apud B. in Com. etc. die & anno &c. coram R. H. armig. uno Coron. dictae dominae Reg. in Com. praed. super visum corporis I.C. nuper de R. in Com. praed. Labourer, adtunc & ibidem super terram mortui jacen. per sacrament. I.B. signior. I.H. etc. ac de tribus alijs villat. propinquior. viz. de M.R. & E. in Com. praed. ad inquir. qualiter & quomodo praed. I.L. ad mortem suam devenit; Qui super sacramentum suum praed. dicunt, quod cum quidam C.W. nuper de Civitate C. in Com. Civit. C. Shereman, cum multis alijs 2. die etc. anno etc. 6. suprad. circa horam primam post meridiem ejusdem 2. diei apud B. praed. in Com. C. praed. in pace Dei ac dominae Reginae exist. ac ibidem ad metas Anglicè voc. Butts, sagittant. adtunc & ibid. venit praed. I.E. ad metas praed. ac cum praed. C.W. ad ipsas metas inter sagittand. fuit, ipse I.E. obiter & improviso posuit se inter metas praed. sic quod praed. C.W. sagittant. ad metas praed. cum quadam sagitta pretij etc. dicto secundo die julij, ac hora & loco supradictis, per infortunium percussit praed. I.E. in gutture suo dans ei mortalem plagam in profunditate duos policies, super quam quidem plagam ipse I.E. a praedict. secundo die julij usque ad quintum diem ejusdem mensis apud R. praed. in Com. Cestriae praed. languidus jacebat ac in eodem quinto die mensis julij praed. ipse I.E. apud T. praed. in Com. Cestriae praed. de praedicta plaga modo & forma praed. moriebatur. Ac etiam juratores praed. super sacramentum suum praed. dicunt, quod praed. C.W. dicto secundo die julij aut aliquo tempore post eundem secundum diem mensis julij non habuit aliqua bona seu catalla infra praedict. Com. Cestr. In cujus rei testimonium utrisque partibus hujus Inquisitionis tam praed. Coronat. quam praed. jur. sigilla sua posuer. die & anno primo suprad. 10. An Endictment of Manslaughter before a Coroner against many, some for striking of the party slain, and some others for comforting and aiding of them being present, and some as accessaries after the fact committed: and that divers of them fled. INquisitio capta apud Cestr. infra Wardam Castri domini Regis ibid. die veneris prox. post festum Apostolorum Simonis & judae Anno Regni Regis Richardi tertij post conquestum Angliae secundo, coram T.H. & I.I. Coron. dicti domini Regis Hund. de B. in Com. Cestriae super visum corporis I.C. fellow. interfecti, per sacramentum etc. Qui dicunt super sacramentum suum quod T.W. nuper de M. in Com. Cest. yeoman, R.B. nuper de M. in Com. Cestr. armiger, M. B. nuper de M. etc. & alij &c. die Sabbati prox. post festum Exaltationis sanctae Crucis, Anno Regni Regis R. 3. post conquestum Angliae secundo, apud H. in Com. Cestr. vi & armis, viz. gladijs etc. & contra pacem domini regis, dicto die Sabbati & anno praed. apud H. praed. in & super praed. I.C. insultum fecerunt, & praed. T. W. tunc & ibid. praed. I.C. super caput suum usque ad cerebrum cum quodam gladio pretij etc. felonicè percussit, & dedit ei plagam mortalem unde obijt die veneris prox. post festum Sancti Michaelis Arch. tunc prox. sequente apud Cestr. praedict. infra Wardam Castri domini Regis ibid. Et sic praed. T.W. ipsum I.C. dict. die Sabbati & anno apud H. praed. fellow. interfecit. Et quod praedict. R.B. eisdem die & anno apud H. praed. vi & armis &c. felonicè percussit praedict. I. C. super tibiam suam dextram cum quodam gladio pretij, etc. & dedit ei plagam mortalem unde obire debuisset, si non obijsset de ictu quem praedict. T.W. ei priùs dederat; Et sic praedictus R. B. ipsum I. C. dict. die Sabbati & anno, apud H. praedict. felonicè interfecit. Et quod praed. M. B. I. H. I. M. & R. C. dict. die Sabbati & anno, apud H. praed. felonicè fuer. present. auxiliantes, confortantes, & abbettantes praed. T.W. ad feloniam praed. in forma praed. faciend. vi & armis, & contra pacem dicti Domini Reg. etc. Et quod I. B. nuper de M. in Com. Cestriae gen. frater R. B. mil. jam defuncti, T.B. nuper de M. in Com. Cestriae gen. frater praed. I. H.B. nuper de M. in Com. Cestr. sen. gen. frater praed. T. W.B. nuper de M. in Com. Cestriae gen. filius praed. R.B. milit. jam defuncti, etc. eisdem die Sabbati & anno apud H. praed. in Com. Cestr. praed. fell fuer. vi, auxil. & consilio, abbettan. praed. T.W. & R.B. ad fel. praed. in forma praed. faciend. vi & armis, & contra pacem dicti domini regis. Et quod W.E. nuper de E. in Com. Cestriae gen. R.H. nuper de M. in Com. Cestr. yeoman, I.H. nuper de ead. in Com. praed. yeoman, etc. die Lunae prox. post festum Sancti Michael. Arch. anno regni regis R. 3. post conquestum Angliae secundo, apud M. in Com. praed. fel. assistaver. receptaver. & confortaver. praed. I. W. & R.B. scientes ipsos I. & R. fellow. praed. in forma praed. fellow. fecisse, contra pacem domini regis etc. Item dicunt jurat. praed. quod T. W. R. B. M.B. I. H. etc. post fellow. praed. fact. die Mercur. prox. post festum Michael. Archangel. anno suprad. fugerunt, & seipsos retraxerunt à Com. Cestr. usque villam de Whitchurch in Com. judgement, ut supra. Salop. fellow. vi & armis, & contra pacem domini Regis. In cujus rei testimonium etc. 11. An Indictment for killing of one in his own defence, taken super visum corporis. INquisitio capta apud S. in Com. praed. die & anno &c. coram R.T. uno Coronat. dicti domini Regis in Com. praed. de & super visum corporis A.B. de C. in Com. praed. yeoman, ibid. jacent. interfecti ●c mortui, per sacramentum 12. etc. Qui dicunt super sacrament. suum, quod ubi quidam I.G. nuper de etc. in Com. praed. Husbandman fuit in pace Dei & dicti domini regis nunc apud C. praed. 4. die Maij Anno etc. circa horam quartam post meridiem ejusdem diei, venit praedict. A.B. ex malitia sua praecogitata & in ipsum I. G. adtunc & ibidem insultum fecit, & ipsum ibidem verberasse & interfecisse voluit, contin. insultum illum à domo cujusdam T.B. in C. praed. usque quendam locum voc. etc. in Com. praed. et idem I.G. videns ipsum A.B. tam malitiosè disposit. fugit usque quendam murum in dicto loco vocat. B. quem murum ob metum mortis suae evad. non potuit, sicque idem I.G. in salvatione vitae ejus erga praef. A. B. remanebat ad se defendend. erga ipsum A. B. & cum quodam cultello, voc. a wood knife, pretij etc. quod tunc tenuit in manibus suis in defension sua eundem A. B. super sinistram partem capitis sui percussit, dans eidem A.B. tunc & ibidem quendam ictum, unde idem A.B. languebat usque horam decimam in nocte praed. diei, qua nocte idem A.B. obijt. Et sic idem I.G. ipsum A.B. adtunc & ibidem se defendendo interfecit. In cujus rei testimonium etc. 12. An Inquisition taken before a Coroner finding that R.H. was rowing in a boat upon the River of Severne, and suddenly fell out of the Boat and so was drowned. INquisitio indentata capta apud Worcester in Comit. praed. primo die Augusti, Anno regni excellentissimae principissae Mariae primo, etc. coram G.H. gen. uno Coron. dictae dominae Reginae comitatus praedicti ad inquirend. qualiter & quomodo quidam Richardus Hacheks in Com. praed. Husbandman adtunc & ibidem jacens mortuus, ad suam mortem devenit, per sacramentum proborum & legalium hominum villae de W. praed. & trium aliarum villat. propinquar. viz. N.B. & D. sc. per sacramentum R.L. etc. Q●i dicunt quod ita accidit apud W. praedict. in Com. praedict. 30. die julij anno supradicto, quod praed. R. H. fuit remigrans in Lintre (vocato a Boat) super aquam Sabrinae, & in remigratione praed. praed. R.H. ex infortunio repentè cecidit de eodem in aquam praed. & submersus fuit: Et sic dicunt quod idem R. H. ad mortem suam devenit, & non aliter nec alio modo; Et quod praed. Linter attachat. est eò quod fuit causa seu occasio mortis suae, & appretiatur ad 4. solid. 4. denar. & remanet in custod. W.H. In cujus rei testimonium tam sigilla praed. jurat. quam sigillum praed. Coronat. huic praesenti Inquisitioni indentatae fuerunt appens. dat. die & anno priùs supradict. 13. An Inquisition before a Coroner where it is found that a woman killed herself with a knife. INquisitio indentata capta apud A. in Com. praed. die & anno &c. coram I. A. uno Coronat. ejusdem domini regis super visum corpor. K. uxor. G.S. adtunc & ibidem mortui jacen. per sacramentum proborum & legalium hominum de A. praed. & trium villat. propinquar. viz. etc. ad inquirend. qualiter & quomodo eadem K. ad mortem suam devenit, viz. per sacramentum etc. Qui electi, jurati, & triati ad veritat. inde dicend. per praedict. A.B. eorum prolocutorem dicunt super sacramentum suum, quod praed. K. Deum non habens prae oculis suis, sed instigatione diabolica seducta, die etc. anno etc. apud W. in Com. praed. cum quodam cultello pretij 3. denar. seipsam felonicè percussit in dextra parte gutturis sui ad profunditatem decem pollicium, unde eadem K. languebat ab eodem die usque ad diem etc. extunc proximè sequen. & tunc moriebatur; Et sic dicunt quod eadem K. per praed. ictum ad mortem suam devenit & non aliter, & nihil habuit in bonis. In cujus rei testimonium etc. 14. An Indictment of felony for the Rape of a Maid. IUratores praesentant pro domino rege quod B. C. de E. in dicto comitatu Taverner, quinto die Octobris Anno Regni dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae & Hiberniae regis, fidei defensoris, etc. 13. apud E. praedict. in dicto Comitatu in quodam loco ibidem, vocat. le Bower, vi & armis in quandam A. K. de E. praedict. in comitatu praedicto virginem, aetatis sexdecem annorum, tunc ibidem in pace Dei & dicti domini regis existentem, insultum fecit, ac tunc & ibidem eandem A. contra voluntatem ipsius A. judgement to be hanged. Clergy not to be allowed. felonicè rapuit & carnaliter cognovit, contra pacem dicti domini regis nunc, ac contra formam statut. in hujusmodi casu provis. & edit. 15. For the Rape of a Maid upon the statute of Anno 13. E. 1. IUratores pro domino rege etc. praesentant, quod quidam I. B. nuper de A. etc. yeoman, tali die & anno, apud D. in Com. F. praed. vi & armis &c. in Io. O. ancillam insultum fecit, & eandem 1 O. adtunc & ibidem consimili vi ac contra voluntatem suam felonicè rapuit & carnaliter cognovit, contra pacem dicti Dom. Reg. etc. ac contra formam statut. judgement, ut supra, in 14. No Clergy. in hujusmodi casu edit. & provis. 16. For taking away a woman against her will, that hath lands. IUratores praesentant pro domino Reg. etc. quod A.B. de C. in dicto Comitatu Singing man, secundo die Aprilis, Anno regni dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensor. etc. 13ᵒ. vi & armis in domum mansionalem cujusdam H.B. de C. in Comitatu praedicto viduae infra parochiam de C. praed. in Com. praed. intravit (quae quidem H. B. tunc sesita fuit in dominico suo ut de feodo de & in diversis terris & tenementis in C. praed. in Comitatu praedicto clari annui valoris decem librarum ultra omnes reprisas existentibus) ac immediatè posteà, viz. dicto secundo die Aprilis anno supradicto, idem A.B. praed. H.B. tunc ibidem in dicta domo sua in pace Dei ac dicti dom. reg. existentem, ex dicta domo sua mansionali contra voluntatem ipsius H.B. illegitimè ac felonicè extraxit, eripuit, & abduxit; ac eandem H.B. postea, scilicet 3. die dicti mensis Aprilis anno supradicto, in ecclesia parochiali de C. praed. in Com. praed. cepit in uxorem suam, ubi idem A.B. dicto tempore extractionis & abductionis praedict. non clamavit nec clamare potuit eandem H. B. tanquam Wardam suam, aut tanquam nativam suam; judgement, to be hanged. In magnam pacis dicti dom. reg. nunc perturbationem, ac contra formam cujusdam statuti in parliamento Dom. Henr. nuper Regis Angliae 7. te●●to anno regni sui tertio in hujusmodi casu provis. et edit. 17. For pulling out of a man's Eyes. IVratores pro domino Rege praesentant, etc. quod A. B. de C. in dicto Comitatu Tinket, nono die Septembris, Anno Reg●● dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, fidei defensoris etc. 13ᵒ. in quodam loco apud C. praedict. in Com. praedict. (vocato le Deane) vi & armis in quendam D.E. de C. praedicta in Comitatu praedicto yeoman, in pace dicti domini regis tunc ibidem existentem, insultum fecit, ac tunc & ibidem ex malitia sua praecogitata, digitis & unguibus digitorum ipsius A.B. oculos ipsius D. E. felonicè effodit ac eruit; contra pacem dicti domini regis nostri, coronam & dignitatem suam, judgement, ut supra. ac contra formam statut. in hujusmodi casu provis. & edit. 18. For cutting out of Tongues. IUratores etc. dicunt quod cum per statut. in parliamento Domini Regis H. nuper Regis Angliae quarti, anno regni sui quinto, apud W. tento edit. ordin. sit, quod malefactores, qui linguas amputarent vel oculos evellerent ligeorum domini Regis, hoc debite comperto & probato quod tale factum ex malitia praecogitata fuit perpetratum, poenam feloniae incurrerent, prout in eodem statuto plenius continetur: quidam tamen I.L. de etc. poenam in dicto statuto contentam minimè verens, die etc. anno etc. vi & armis, scilicet etc. felonicè ut felo dicti domini regis insidiand. & insultu praemeditat. contra pacem domini Regis nunc coronam & dignitatem suam, in illa sua praecogitata malitia venit, apud H. in Com. H. & in quendam M.M. adtunc & ibid. in pace Dei & domini Regis existent. insultum fecit, & ipsum verberavit, vulneravit, ac quodam cultello (quem praed. judgement, ut supra, I.L. adtunc tenuit in manu sua dextra pretij 2. s.) linguam ipsius M. adtunc & ibid. felonicè eruit & amputavit, contra pacem domini regis etc. & contra form. & provis. statut, praed. etc. 19 For a Burglary in a Church. IUratores praesentant pro domino rege etc. quod A.B. de C. in Comitatu praedicto Sailor, primo die Septembris, Anno Regni dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Reg. fidei defensor. etc. 13ᵒ. vi & armis Ecclesiam parochialem de C. praedicta in dicto Comitatu felonicè & burglariter fregit & intravit noctanter, viz. inter horas decimam & undecimam post meridiem ejusdem diei, ac unum calicem argenteum, (Anglicè vocat. a Communion Cup) ad valentiam 60. solidorum, de bonis & catallis parochianorum de C. judgement, ut supra. praedicta, adtunc existentem in eadem ecclesia & tunc ibidem inventum, felonicè cepit & asportavit, contra pacem dicti domini regis nostri nunc, No Clergy. coronam & dignitat. suam. 20. For Burglary in a dwelling house. IVratores pro domino rege praesentant quod T.S. de W. in dicto Comitatu Tailor, quarto die mensis Februarij, Anno regni dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. 13ᵒ. vi et armis domum mansionalem cujusdam M.G. de W. praedicta in dicto Comitatu Butcher, noctanter (viz. inter horas decimam et undecimam post meridiem ejusdem diei) quadam Iohanna uxore ipsius M.G. tunc in eadem domo in pace Dei et dicti domini regis existente, felonicè et burglariter fregit et intravit, et viginti libras legalis monetae Angliae de bonis praedicti M.G. in quadam crumena in dicto domo existent. invent. tunc et ibidem felonicè cepit & asportavit, judgement, ut supra. No Clergy. contra pacem dicti domini regis nunc, coronam & dignitatem suam. 21. For Burglary in a dwelling house in the night time, for taking out of money out of a Chest, and for the accessaries before the offences, and the accessaries after. IVratores pro Dom. reg. super sacramentum suum dicunt & praesentant, quod I. H. nuper de H. in Com. praed. yeoman, 16. die Maij, Anno Regni Regis Eliz. etc. 34. vi & armis, etc. domum mansionalem cujusdam P. armigeri apud H. praed. in Com. E. praed. circa horam decimam in nocte ejusdem diei, felonicè et burglariter fregit & intravit, et quadraginta libras in pecunijs numeratis de bonis & catallis praed. P. in quadam cista in domo praedicta adtunc existent. invent. felonicè cepit & asportavit, contra pacem dictae dominae Reg. etc. Et quod quidam Christopherus G. nuper de H. praed. in Com. S. praedict. yeoman, ante feloniam & burglar. praed. per ipsum T. H. in forma praedicta fact. et perpetrat. viz. sexto die Maij anno 14. suprad. eundem T.H. apud H. praed. ad fellow. et burglar. praed. in forma praed. faciend. felonicè excitavit, abbettavit, & procuravit, contra pacem dictae dominae Reg. nunc, coronam & dignitatem suam. Et quod quidam I.R. nuper de C. in Com. S. praed. yeoman, sciens praefat. T. H. feloniam praedict. in forma praedicta sic fecisse & perpetrasse, eundem T. H. judgement, ut supra. dicto decimo die Maij anno supradicto post fellow. praed. per ipsum T. H. sic factam & perpetratam, apud H. praedict. in Comitatu S. praed. No Clergy. felonicè receptavit, confortavit, & hospitatus est, contra pacem dictae dom. Reginae, coronam & dignitatem suam. 22. For Burglary in a dwelling house in the night time, for the assaulting and putting in fear of them in the house, and for taking of money out of a Chest. IVratores pro domina Reg. praesentant, quod N.H. nuper de G. in Com. E. praed. yeoman, et T.E. nuper de M. in Com. praed. yeoman, decimo die etc. inter horas undecimam et duodecimam in nocte ejusdem diei, vi & armis, etc. domum mansionalem cujusdam R.B. apud W. in praedict. Com. E. felonicè et burglariter fregerunt et intraverunt, et in ipsum R.B. adtunc et ibidem in eadem domo, in pace Dei et dictae dominae Reg. existent. insultum fecerunt, et eundem R. adtunc et ibidem in timore corporali vitae suae posuerunt, ita quod de vita sua desperabatur, et 40.l. in pecunijs numeratis in quadam cista infra domum praed. adtunc existent. de bonis catallis et pecunijs cujusdam I.B. adtunc et ibidem invent. felonicè et burglariter ceperunt et asportaverunt, contra pacem, judgement, 〈◊〉 supra. No Clergy. etc. ut supra. 23. For Burglary in a dwelling house in the night time, the taking away of a silver salt, money, and three silver Rings. INquiratur pro domina Regina si W.H. nuper de S. in Comitatu D. Dyer. R.C. nuper de M. in Com. W. yeoman, T.C. nuper de M. praedict. in Com. W. praed. yeoman, et T.L. alias dictus L. nuper de M. praed. in praed. Comitatu W. yeoman, & T.P. nuper de C. in Comitatu S. yeoman, ultimo die Octobris, Anno Regni Reginae Eliz. etc. quarto, circa horam undecimam in nocte ejusdem diei, vi & armis, etc. domum mansionalem cujusdam M.P. viduae apud C. in praed. Comitatu S. felonicè & burglariter fregerunt & intraverunt, & unum salinum argenteum, vocat. a silver fault, ad valentiam quinquaginta solid. 10.l. in pecunijs numeratis, & tres annulos argenteos valoris 6. s. de bonis, judgement, ut supra. No Clergy. catallis, & pecunijs praef. M. adtunc & ibidem invent. felonicè ceperunt & asportaverunt, contra pacem etc. ut supra. 24. For Burglary in a dwelling house in the night time, a woman then being in the house and for taking away of 20. l. out of a Cupboard in the house. IUrator. pro domina reg. etc. present. quod T.S. de W. in dicto Com. E. Taylor, quarto die mensis Febr. Anno regni dictae dominae nostrae Eliz. Dei gratia Angliae, Franciae, & Hiberniae Reg. fidei defensor. etc. vicesimo nono, vi & armis, etc. domum mansionalem cujusdam M.G. de W. praed. apud S. in dicto Com. Butcher, noctanter (viz. inter horas decimam & undecimam post meridiem ejusd. diei) quadam I. uxore ipsius M.G. tunc in eadem domo in pace Dei & dictae dominae Reginae existente, felonicè & burglariter fregit & intravit, judgement, ut supra. & viginti libras legalis monetae Angliae de bonis praed. M.G. in quodam abaco in dicta domo existente inventas, tunc & ibid. felonicè cepit & asportavit, contra pacem dictae dom. Reginae nunc, coronam & dignitatem suam. No Clergy. 25. For Burglary in a dwelling house in the night time, for assaulting and putting in fear of them in the house, intending to kill or rob them in the house, and the accessaries before the offence committed. INquiratur pro domina regina si F. M. nuper de M. in Com. D. joiner, duodecimo die Aprilis, Anno etc. circa horam duodecimam in nocte ejusdem diei, vi & armis, etc. domum mansionalem cujusdam T.C. sen. apud C. in Com. S. praed. burglariter & felonicè fregit & intravit, & super quosdam R.S. & I.B. adtunc & ibidem in pace Dei & dictae dominae Reginae existent. insultum fecit, & eosdem R. & I. in corpor. timore vitar. suar. posuit, ea intentione ad interficiend. vel saltem ad spoliand. praed. T. C. de bonis & pecunijs suis ad grave damnum ipsius T. & contra pacem dictae dominae Reg. etc. ut supra. Et si G.B. nuper de C. praed. in Com. praed. Weaver, ante feloniam praed. in forma praed. sic fact. & perpetrat. eundem F.M. judgement, ut supra. apud C. praed. in Comitatu D. praedict. viz. vicesimo die januarij, Anno etc. (ut supra,) ad feloniam praed. in forma praed. sic faciend. felonicè excitavit, abbettavit, & procuravit, No Clergy. contra pacem dictae dominae Reginae, etc. ut supra. 26. An Indictment for robbing of a Church of divers and several things in the same. INquirat. etc. si I. M. nuper de D. in Com. M. & R. H. nuper de ead. villa & Com. praed. yeoman, 13. die Maij, anno etc. vi & armis, viz. gladijs, bac. & cultellis, Eccles. parochial. omnium Sanctorum de E. apud E. in Com. praed. circa horam 12. in nocte ejusdem diei felonicè freger. & intraver. & duos calices de argent. deaurat. & duo vestimenta de nigro velvet, voc. ●opes, tres pannos lineos voc. Altarclothes, unam tunic. fixam super imag. beatae Mar. infra eandem Ecclesiam cum diversis annulis de auro & lapid. pretiosis in eisdem annex. & affix. ad valenc. 20.l. ac 20. s. in pecun. numeratis de bonis, ornamentis, & denarijs parochianorum de E. praed. in custod. I.B. & T.B. custod. & guardian. bonor. ornamentor. & denar. parochian. parochiae de E. praed. tunc & ibidem existen. extra custod. judgement, ut supra. No Clergy. dictor. guardian. extra Eccles. praed. adtunc & ibid. felonicè furati sunt, ceper. & asportaver. contra pacem dicti domini regis, etc. ac contra formam statuti in hujusmodi casu edit. & provis. 27. An Indictment of Burglary by a woman in the night time, putting the household in fear, intending to have rob them. INquirat. pro dom. Reg. si O.I. de G. in Com. C. Spinster, sexto die Aprilis, Anno etc. apud C. praed. in Com. praed. noct. viz. circa horam undecimam post meridiem ejusdem diei domum cujusdam I.B. apud C. praed. vi & armis &c. fellow. ac burglariter fregit & intravit, ea intentione ad furand. bona & catalla ipsius I. judgement, 〈◊〉 supra. ac eundem I. in pace Dei & dictae dominae Reginae adtunc & ibid. in lecto suo existen. felonicè & burglariter in timore vitae suae posuit contra pacem dict. dom. Reg. cor. & dignitat. suas. No Clergy. 28. An Indictment of Burglary for breaking of a dwelling house in the night time, and the putting of them in the house in fear, and for the felonious taking out of the said house 1100. l. in money, and a Chalice of Silver parcel gilt. INquirat. pro domina Regina, si T. W. de B. in Comit. etc. sexto die etc. Anno etc. circa horam primam in nocte ejusdem diei, vi & armis, videlicet gladijs, etc. domum mansionalem cujusdam I.B. apud W. in Com. praed. felonicè & burglariter fregit & intravit, ac ipsum I.B. adtunc & ibid. in eadem domo mansionali in corpor. timore posuit, ac mille & centum libr. legalis monetae Angliae in pecunijs numeratis, & unum calicem argent. parcel. aurat. voc. a Chalice of Silver parcel gilt, judgement, ut supra. No Clergy. ad valent. 4.l. de denarijs & de bonis & catallis praed. I.B. in eadem domo mansionali adtunc & ibidem invent. felonice cepit & asportavit, contra pacem dictae dominae Reg. coron. & dignitat. suas. 29. An Indictment for breaking of a Barn, and taking out of it four bushels of Barley. IUratores pro domino Rege praesentant, etc. quod I.S. de B. in Com. C. praed. yeoman, die etc. Anno etc. horr. cujusdam I.C. de Sutton magn. in Com. praed. circa horam decimam in nocte ejusdem diei, vi & armis, videlicet gladijs, etc. felonicè & burglariter fregit & intravit, & quatuor modios hordei (Anglicè voc. a quarter of Barley) ad valent. 6. s.4.d. de bonis & catallis praedicti I.C. adtunc & ibid. invent. burglariter & fellow. cepit, judgement, ut supra. No Clergy. abduxit, & asportavit, ●●ntra pac. etc. 30. An Indictment against one for procuring one to commit a burglary and robbery in a house. IU●ator. etc. present. Quod I.W. nuper de L. Clericus, alias dict. etc. tali die & anno &c. apud parochiam M. magn. infra sanctuar. ibidem in warda de A. London malitiosè & felonicè abbettavit & procuravit P.W. de etc. ad felonicè frangend. & intrand. in domum W. Prior. hospitalis sancti johannis jerusalem in Anglia apud Faint john's Clarkenwell, in praed. Com. Midd. infra praed. hospitale praed. Prioris ibid. & ibid. fellow. furand. capiend. & asportand. unum ciphum argenteum & deaurat. vocat. a Goblet, dicti Prioris ad valent. etc. & unam ollam argen. parcel. deaurat. ejusdem Prioris ad valent. etc. & alia bona praed. Prioris ibidem existent. Quarum quidem abbettationis & procurationis praetextu praed. R. die etc. vi & armis, etc. domum mansionalem dicti Prioris apud etc. infra hospitale praed. in Comit. etc. circa horam secundam in aurora & ante meridiem ejusdem diei burglariter & felonicè fregit, & praedict. Ciphum de argent. deaurat. (vocat. a goblet) ad valent. 100. s. & praed. ollam argent. parcel. deaurat. ad valent. 10. s. ac alia bona ejusdem Prioris, judgement, to be hanged. viz. duo salina de argent. & deaurata ad valent. etc. de bonis & catallis dicti Prioris adtunc & ibidem invent. felonicè furat. fuit, cepit, & asportavit, contra pacem etc. 31. An Indictment of Burglary, and for hanging up the good man of the house by the Thumbs upon a Beam with pothooks, and for binding with Cords the good man of the house and his wife, and for taking out of a Chest five pounds in money. IUrator. etc. present. quod G. C. nuper de M. in Com. Cestriae & alij ignoti 16. die Martij, Anno Regni Edwardi sexti Dei gratia Angliae, etc. quinto, circa horam undecimam in nocte ejusdem diei apud A. in Com. C. domum cujusdam R.W. vi & armis, viz. baculis, gladijs, & dagarijs burglariter & felonicè fregerunt & intraverunt, ea intention, ad spoliand. & depraedandum praedict. R.W. & in praedict. R.W. ac R.W. filium suum, & joh. uxor. ejus adtunc & ibidem insultum fecerunt & ipsum R.W. cum quodam instrumento voc. pothooks policies ipsius R.W. super trabem (vocat. a Beam) domus praedictae ipsum adtunc & ibid. suspenderunt, & praedict. R.W. & joh. uxor. ejus cum funibus ligaverunt, & 100. s. in pecunijs numeratis in quadam cista content. de bonis & catallis praedicti R. W. adtunc & ibidem invent. felonicè ceperunt, asportaverunt, judgement, ut supra. No Clergy. & spoliaver. vi & armis, ac contra pacem dicti domini Regis, coronam & dignitatem suas. 32. An Indictment for breaking of a house in the day time, and taking of six pounds out of a Chest, and against one for aiding and comforting the said fellow. IVratores pro Domino Rege present. etc. quod R.C. de D. etc. die etc. anno etc. vi & armis, etc. domum P.S. apud G. in Com. praed. circiter horam primam post meridiem ejusdem diei (eodem P.S. in eadem domo tunc existente) felonicè fregit & intravit, ac 6.l. in pecunijs numerat. de bonis & catallis praed. P.S. adtunc & ibidem invent. felonicè cepit & asport. contra pacem etc. judgement, u● supra. No Clergy for the principal. Ac quod G.L. etc. sciens praefat. R.C. fellow. praed. modo & forma praed. fecisse, eundem tamen R.C. apud G. praed. in Com. praed. die & anno suprad. felonicè confortavit & concelavit, contra pacem etc. 33. An Indictment for stealing Cloth out of a Boothe in a market. IUrat. pro Domino Rege etc. dicunt & praesentant, quod A.B. de C. in Com. E. yeoman, die etc. anno etc. apud I. in Com. Dublin. praed. vi & armis, viz. gladijs etc. in aperto mercato tento apud I. praed. die & anno supradict. viginti ulnas panni lanei, coloris rubri, pretij viginti solid. de bonis & catallis I.S. in quodam stallo (Anglicè a Booth) ejusdem I.S. in praed. mercato apud I. praed. existent. invent. felonicè furatus est, judgement, ut supra. cepit, et asportavit, (praed. I.S. tunc & ibidem in stallo praed. existente) contra pacem dicti domini regis, coronam & dignitatem suas, No Clergy. ac contra formam statut. in hujusmodi casu edit. & provis. 34. For robbing of one in the high way. INquir. pro Dom. Reg. si A.B. de C. in Com. E. Mariner, sexto die Mensis Octobris, Anno Regni dictae dominae nostrae Elizabethae, Dei gratia Angliae, Franciae, & Hiberniae Reginae, fidei defensor. etc. tricesimo quinto, vi et armis, viz. cum gladio & pugione (ad valentiam 10. s.) districtis, inter horas septimam & octavam ante meridiem ejusdem diei, in alta via Regia juxta quendam locum vocat. Gad's hill, infra parochiam de E. in Com. E. praed. in & super quendam I.S. de B. in Com. E. praed. Petty Chapman, tunc & ibidem in pace Dei & dictae dominae Reginae existentem, insultum fecit, & ipsum I.S. tunc & ibidem cum dicto gladio percussit & vulneravit, & 20. s. legalis monetae in crumena ipsius I.S. existentes, de bonis & catallis praed. I.S. adtunc & ibidem inventos à persona ipsius I.S. tunc & ibidem violenter & felonicè cepit & asportavit, judgement, u● supra. No Clergy. in magnum praed. I.S. terrorem, ac contra pacem dictae dominae Reg. coronam & dignitatem suas. 35. An Indictment for a Robbery done by the high way upon the person of one. IUr. present. etc. quod cum I.B. de L. gen. 13. die etc. Anno etc. fuit in pace Dei & dicti domini Regis in regia via apud paroch. sancti E. in Com. M. ibid. eodem die & anno venerunt I.M. de D. in Comitatu M. yeoman, & R.H. de eadem in Com. praed. yeoman, vi & armis, viz. etc. fellow. ut felones dicti domini regis, ac tunc & ibidem in praed. I.B. consimili vi & armis &c. felonicè insultum fecerunt, & ipsum verberaver. & m●letractaver. ita quod de vita ejus desperabatur, ac viginti solid. in pecun. numeratis de bonis & catallis ipsius I.B. adtunc & ibid. invent. à persona praed. I.B. in via Regia praed. vi & armis &c. felonicè ceper. & asport. contra pacem dicti domini Reg. ac contra formam statut. in hujusmodi casu edit. & provis. judgement, ut supra. No Clergy. 36. For the taking of a Purse privily from the person. IVratores pro Domino Rege present. quod I.S. nuper de A. in dicto Comitatu Taylor, sexto die julij, Anno Regni dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. 13. apud A. praed. in Com. praed. in quodam loco ibidem vocato the Elms, vi & armis in quendam R.M. de A. praedicta in Comitatu praedicto Grocer, insultum fecit & viginti solid. in pecunijs numeratis in crumena ipsius R.M. tunc & ibidem existentes inventos de praed. crumena ipsius R. M. tunc & ibidem à persona ipsius R. M. (clam & insciente ipso R.M.) felonicè cepit & asportavit, contra pacem dicti Domini Regis, judgement, ut supra. coronam & dignitatem suas. 37. An Indictment for cutting of a Purse and twenty shillings in it. INquir. etc. si T.C. de etc. Labourer, die etc. vi & armis &c. apud C. in Com. etc. 20. s. in pecunijs numeratis in quadam crumena existent. de bonis & catallis cujusdam T. D. adtunc & ibid. invent. à persona praef. T.D. cum quodam cultello ad valentiam etc. quem idem T.C. in manu sua dextra adtunc & ibidem habuit & tenuit, judgement, ut supra. fellow. scidit, furat. fuit, & asport. contra pac. etc. 38. Against the stealer of a Horse and a Mare and his accessary after the fact. IUratores pro domino Rege praesentant, etc. quod A. B. nuper de C. in dicto Comitatu Gelder, 29. die Angusti, Anno regni domini nostri Caroli, Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris etc. 13ᵒ. vi et armis, quoddam stabulum in domo mansionali cujusdam I. S. infra parochiam de C. praedicta in Comitatu praedicto existens fregit ac intravit, & unum spadonem (Anglicè vocatum a Gelding) coloris albi, pretij sex librarum, & unam equam coloris nigri, pretij 30. solid. de bonis et catallis ipsius I.S. tunc ibidem existentes inventos, felonicè cepit & asportavit, contra pacem dicti domini regis, coronam et dignitatem suas. Et quod R. H. nuper de C. praed. in Comitatu praed. Horse-courser, sciens praefatum A.B. feloniam praedictam apud C. praedict. modo et forma pr●●d. fecisse & perpetrasse, eundem tamen A.B. apud C. praed. in commit. p●aedicto tricesimo die dicti mensis Augusti, judgement, ut supra. No Clergy for the principal. anno supradict. felonicè recepit, et hospitio, potu, et cibo auxiliarus est, post feloniam praedictam sic per ipsum A.B. ut praefertur, factam et commissam, contra pacem dicti domini nostri regis nunc, coronam ac regiam dignitatem suas. 39 Against the stealer of a Cow, and his Accessary before. IUratores pro Domino Rege present. etc. quod A. B. de C. in dicto comitatu Shoemaker, primo die julij, Anno Regni domini nostri Caroli, dei gratia Angliae, Scotiae, Franciae, & Hiberniae regis, fidei defensoris etc. 13ᵒ. in quodam loco infra parochiam de C. praedicta in comitatu praedicto vocat. the Cowpasture, vi & armis, clausum cujusdam I.S. de D. in Com. praedicto yeoman fregit & intravit, & quandam vaccam coloris nigri, pretij 40. solidorum, de bonis & catallis praedicti I.S. tunc ibidem inventam felonicè cepit, furatus est, & abduxit, contra pacem dicti domini regis nunc, coronam & dignitatem suas. Et quod quidam G. H. de C. praedicta in dicto comitatu Butcher, ante feloniam praedictam, scilicet eodem primo die julij, Anno supradicto, eundem A.B. apud C. praedict. in comitatu praedicto ad feloniam praedictam faciendam & perpetrandam, judgement, ut supra. malitiosè, & felonicè excitavit, persuasit, & procuravit, contra pacem dicti domini Regis, coronam & dignitatem suas. 40. For pulling of sheep. INquir. pro Dom. Reg. si M.H. nuper de C. in Comitatu E. Labourer, 13. die Maij, anno etc. clausum cujusdam H. C. apud C. praed. in Com. E. praed. fregit & intravit, ac lanam quatuor ovium valour. 4. s. de bonis & catallis dict. H. C. apud C. praed. in Com. E. praed. à corporibus ovium praed. adtunc & ibidem existen. expilabat, judgement, ut supra. & ipsam lanam sic evulsam felonicè cepit & asportavit, contra pacem dict. domini Regis, etc. 41. For the felonious taking of a Purse and money and gold in it, from the person of a man. INquir. pro dom. Reg. si N.H. nuper de S. in Com. M. Miller, 16. die Aprilis, anno etc. vi & armis, viz. etc. in quendam Ed. R. apud C. in Com. M. praed. insultum fecit & unam bursam valoris 2.d. & 9. s. in pecunijs numeratis, & unam Coronam gallicam (voc. a French Crown) valour. 6. s. in bursa praedicta adtunc & ibid. existen. de bonis & pecunijs praed. E. à persona ipsius E. clam & sine notitia ipsius E. adtunc & ibidem felonicè cepit & asportavit, judgement, ut supra. contra pacem dictae dominae Reginae, etc. ac contra formam statuti, etc. 42. An Indictment for stealing a Hog in a Common. IUrat. present. pro domina Reg. etc. quod F. B. de C. quarto die Febr. etc. vi & armis &c. in quandam Commun. intra novam Forestam voc. H. infra parochiam de C. in Com. praedicto fregit et intravit, et unum porcum colour. red speckled, judgement, ut supra. pretij 12.d. de bonis & catallis B.D. adtunc & ibid. invent. fellow. cepit & effugavit, contra pacem dict. dom. Reg. etc. 43. An Indictment for stealing of sheep. IUr. present. etc. quod A.B. etc. quarto die etc. vi & armis viz. etc. clausum T.G. de etc. fregit & intravit, & duas oves matrices coloris nigri, pretij 7. s. de bonis & catallis dicti T.G. fellow. cepit, abduxit, & asportavit, contra pacem etc. judgement, ut supra. 44. An Indictment for the stealing of two geldings. INquir. etc. si G.W. nuper de W. in Com. S. Smith, & R.B. nuper de W. praed. in Com. praed. Labourer, ultimo die etc. Anno etc. vi & armis &c. apud N. in dicto Com. S. unum spadonem coloris grey, pretij etc. ac unum alium spadonem coloris etc. pretij etc. de bonis & catallis cujusdam ignoti adtunc & ibid. invent. fellow. furati fuer. ceper. & abduxer. contra pacem, etc. judgement, ut supra. No Clergy. 45. An Indictment for the felonious taking of six pair of sheets, twelve diaper napkins, and one ring of gold. IUrat. pro domino Rege etc. present. quod I.B. de etc. die etc. anno etc. apud D. etc. vi & armis &c. 6. paria linthearum, voc. Sheets, advalentiam 40. s. 12. mappas de Diaper, voc. Table-napkins, judgement, ut supra. ad valent. 40. s. & unum annulum de auro, de bonis & catallis cujusdam I.S. adtunc et ibidem invent. felonicè cepit et asportavit, contra pacem, etc. 46. An Indictment for breaking of a Milne, and taking out of the same a sack, and six bushels of wheat. IUratores pro domino Rege present. quod I.S. etc. vi & armis &c. die etc. anno etc. domum molendin. W.H. apud C. in paroch. de D. in Com. praed. voc. Clarkmill, felonicè fregit & intravit, & unum saccum pretij etc. et sex modios tritici voc. six bushels of wheat, judgement, u● supra. in praed. sac. ibidem existen. pretij 20. s. de bonis et catallis praed. W.H. adtunc et ibidem invent. die, anno, et loco suprad. felonicè cepit et asportavit, contra pacem etc. 47. An Indictment for stealing of four Oxen, and of the accessaries to the same felony before and after the same felony done. IUratores pro domino rege present. quod A.B. de F. in Com. M. yeoman, die & anno &c. vi & armis, videlicet gladijs etc. clausum I. S. apud D. in Com. praed. fregit, & 4. boves pretij etc. de bonis et catallis I.S. ibidem invent. tunc & ibidem fellow. furat. fuit, cepit, & abduxit, contra pacem, etc. Et quod W.B. de N. in Com. praed. yeoman, die & anno &c. apud M. in Com. praed. fuit consentiens & abbettans praed. A. B. ad fellow. praed. in forma praed. faciend. contra pacem etc. Et quod H.W. et P.R. nuper de etc. scien. praedict. A.B. fellow. praedict. in forma praed. fecisse, apud T. praed. & alibi in Com. praed. praed. 10. die etc. eundem A. B. fellow. receptaverunt & confortaverunt, contra pacem etc. judgement, ut supra. 48. For a Rescous of one in the Stocks for suspicion of Felony. IVrator. pro domina Reg. praesentant quod 20. die junij, Anno Regni dictae dominae nostrae Eliz. D●i gratia Angliae, Franciae & Hiberniae Reginae, fidei defensoris etc. 34. quidam A.B. nuper de C. in Com. E. Glover, apud C. praed. in Com. E. praed. captus est & arrestatus per E.F. de C. praed. in Com. E. praed. yeoman, pro suspitione cujusdam feloniae, viz. unius vaccae ipsius E.F. per praefatum A.B. felonicè (ut idem E.F. tunc afferebat) captae et abductae, & quod idem A.B. immediatè postea traditus est per praefatum E.F. cuidam H. M. tunc Constabulario hundredi de N. in Com. E. praed. in quo sita est villa de C. praed. qui quidem Constabularius in Com. E. praed. postea, viz. dicto 20. die junij anno 34. supradicto, eundem A.B. in prisona in cippis ibidem posuit, ad eum salvo ibidem custodiend. donec idem Constabularius parare possit auxilium ad ducendum eundam A.B. coram aliquo justiciarior. pacis dictae dominae Reginae in Com. E. praed. examinandum; Ac quod postea (sc. dicto 20. die etc. anno supradicto) quidam G.L. de C. praed. in Com. E. praed. Glover, apud C. praed. in dicto Com. E. vi & armis, cippos praed. effregit, ac eundem A.B. tunc ibidem existen. ex eisdem custodia, judgement, ut supra. prisona, & cippis felonicè cepit, eripuit, & rescussit, ac ad largum ire & evadere permisit, contra pacem dictae dominae Reginae, coronam & dignitatem suas. 49. For the breaking of prison. INquir. pro domino Rege si W.H. de C. in Comitatu praed. yeoman unus Constabulariorum dicti domini Regis Baroniae suae de N. in comitatu praedicto in qua quidem Baronia sita est villa de C. praedicta, quendam R.B. nuper de C. praedicta in Comit. praed. Taylor, 20. die Septembris, Anno Regni dicti domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae & Hiberniae reg. fidei defensoris, etc. 13●. apud C. praedict. in dicto comitatu pro suspitione cujusdam feloniae, viz. pro morte cujusdam M.N. apud H. in Com. praed. felonicè interfecti, cepit & arrestavit; Et ea de causa idem R.B. sub custodia dicti W.H. Constabularij in prisona dicti dom. Reg. apud C. praed. in Comitatu praed. posteà scilicet dicto 20. die Septembris, Anno supradicto fortiter & duriter detentus fuerit, ac idem R.B. tunc ibidem sic detentus, posteà scz. dict. die & anno apud C. praedict. in comitat. praed. vi & armis &c. praed. prisonam ibidem felonicè fregit, ac extra custodiam dicti Constabularij tunc ibidem contra ejus voluntatem felonicè evasit, contra pacem dicti dom. reg. nostri nunc, judgement, ut supra. coronam & dignitatem suas, nec non contra formam statuti in hujusmodi casu provis. ac edit. 50. An Indictment against two being prisoners, for breaking of the prison, and letting out two prisoners. IUrat. pro domino Rege etc. present. quod B.C. & F.G. nuper de etc. nuper arrestat. imprison. & derenti in Gaola dicti dom. reg. de etc. pro diversis fellow. per ipsos separatim perpetrat. B. die. Febr. anno etc. vi et armis etc. praed. gaolam dicti domini Regis de F. praed. in Com. praed. felonicè freger. & I.C. nuper de etc. & I.S. prisonarios in eadem gaola pro diversis felonijs per ipsos separatim perpetrae. existen. adtunc & ibid. fellow. ad largum ire permiserunt, judgement, ut supra. contra pacem etc. ac contra formam statuti, etc. 51. An Indictment for breaking of prison by one committed for felony. IUrat. pro domino rege etc. praesentant quod A. B. nuper etc. existens in prison. Dom. Reg. apud C. etc. pro diversis fellow. unde coram justic. pacis dicti domini Regis in Com. praed. ad Sessionem p●cis tent. coram eisdem justic. primo die etc. anno etc. indictat. fuit die etc. anno etc. gaolam praed. felonicè fregit & ab eadem gaola adtunc & ibidem transijt & fellow. evasit, contra pacem etc. judgement, ut supra. 52. For a Voluntary escape of a Felon out of the gaol. IUrat. pro domino rege etc. present. quod ubi quidam A.B. nuper de C. in dict. Comitatu Shoemaker, sexto die Maij, Anno regni domini nostri Caroli, Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris etc. 13●. apud C. praedict. in Comitatu praedict. pro suspitione cujusdam feloniae, viz. unius equi coloris albi, pretij 40. solid. felonicè per eundem A.B. (ut dicebatur) capti & abducti, arrestatus & captus fuit, & coram T.F. uno justiciar. dicti domini regis ad pacem in dicto comitatu conservandum assignatorum ductus, & superinde postea (viz. dictis die, anno & loco) cuidam B. D. in Com. praed. yeoman, custodi gaolae dicti domini regis apud M. in dicto Comitatu existenti (sub custodia I. F. armigeri adtunc vicecomitis Comitatus praedicti & custodis gaolae praedictae) per quoddam praeceptum de Mittimus dicti T. F. justitiarij traditus & commissus fuit ad saluò & securè custodiendum in gaola praedicta, donec idem A.B. inde foret legitimo modo deliberatus, praefatus tamen I.F. (tunc vicecomes) postea viz. 7. die dicti mensis Maij anno supradicto, judgement, ut supra. apud M. praedict. in comitatu praedict. praefat. A.B. adtunc & ibidem evadere & ad largum ire voluntariè & felonicè permisit, contra pacem dicti domini regis, coronam & dignitatem suam. And for a negligent escape, the words may be changed thus, pro defectu bonae & diligentis custodiae evadere & ad largum, quò voluit, ire negligenter permisit, contra pacem etc. 53. Another Indictment against a Gaoler for suffering of a woman committed to him upon suspicion of felony to escape. IUratores pro domino Rege present. etc. quod cum quaedam M. N. nuper de B. in praed. Comit. E. Spinster, 10. die Aprilis, Anno etc. pro suspitione homicidij per ipsam M. apud B. praed. in Com. E. praed. super quendam W.P. felonicè fieri & perpetrari supposit. capta & arrestata fuit apud B. praed. in Com. E. praed. & ejsdem die & anno, praed. M. cuidam Richardo B. de N. in Com. E. praed. yeoman custodi Gaolae dicti domini regis Com. praed. sub Georgio P. armig. adtunc vicecomite Comitatus praedicti & Custode gaolae praedictae, per quoddam warrantum de Mittimus W. M. milit. & I. M. armig. duorum justitiar. dicti domini Regis ad pacem in eodem Comitatu conservandam assignatorum salvo & securè custodiend. tradita fuit, quousque eadem M. à custodia illa secundum legem & consuetudinem hujus regni Hiberniae pro suspitione homicidij praedicti acquietata sive deliberata foret, quod praed. R. B. de N. praed. in praedicto Com. E. yeoman, postea scil. 26. die Novembris anno supradicto, apud M. praed. in Com. E. praed. praed. M. adtunc & ibidem in custodia ipsius R. in gaola dicti domini Regis existent. à Gaola praed. adtunc & ibidem voluntariè & felonicè evadere & ad largum ire permisit, judgement, ut supra. contra pacem dicti domini regis nunc etc. 54. An Indictment where a fellow suspected for stealing two Oxen is committed by a justice of peace unto the gaol, and is delivered to two to be conveyed to the gaol, which suffer the fellow wilfully to escape away. IVrat. pro Dom. Reg. present. etc. quod cum quidam W.H. armiger unus justic. pacis dicti domini Regis in Com. praed. 20. die etc. anno etc. apud S. in Com. praed. quendam I. nuper de etc. adtunc & ibidem arrestavit & attachiavit pro suspicione feloniae per ipsum I. antea fact. & perpetrat. viz. pro duobus bobus coloris etc. pretij etc. de bonis & catallis cujusdam R. I. per praed. I. felonicè capt. et abduct. et postea eundem I. die, anno, & loco supradict. ut praed. est, arrestat. praed. W. H. adtunc & ibidem commisit & liberavit salvo custodiend. quibusdam I.B. & R. D. nuper de etc. in Com. etc. qui quidem I.B. & R. D. specialiter requisite. fuer. ex parte dicti domini Regis per praef. W. H. ad salvo & securè custod. & conducend. ipsum I. B. usque gaolam ipsius domini Regis Com. praed. ibid. morat. quousque per debitam legis formam exoner. & deliber. praed. tamen I. et R. ipsum I. à custod. sua praed. adtunc et ibid. felonicè et volunt. ad largum, quo voluit, abire et evadere permiser. contra pac. etc. judgement, ut supra. 55. An Indict. of a keeper of a gaol for letting one committed to him upon suspicion of Felony escape out of prison. IVratores pro Dom. Rege etc. present. quod cum quidam I.B. de etc. die etc. anno etc. pro suspicione cujusdam fel. per ipsum infra vill. praed. ante tunc fieri & perpetrar. supposit. captain. & arrestar. fuit apud villam praed. & eisdem die & anno praed. I.B. cuidam T.R. de villa & Com. praed. yeoman, custodi gaolae dicti dom. Reg. in dicta villa de L. praed. pro suspic. fellow. praed. saluò & securè custodiend. tradit. fuit quousque idem I.B. à custod. illa secundum legem & consuetudinem regni Hiberniae deliber. foret, idem tamen T. R. die etc. anno suprad. apud villam praed. in Com. praed. eundem I.B. ad largum & extra gaolam praed. volunt. & fel. exire & evadere permisit, contra pacem dicti Dom. Reg. etc. judgement, ut supra. 56. An Indictment of Forgery after a former conviction. IUr. pro domino Rege present. etc. quod cum A.B. de K. in Con. D. gen. seisitus fuit & adhuc seisitus est in dominico suo ut de feodo de uno mesuagio cum pertinentijs in Dale in Com. praedicto, quidam W. & I. de F. in Com. praedicto gener. ex eorum falsa conspiratione et covina quoddam falsum factum feoffamenti de praedicto mesuagio cum pertinentijs, in quo continetur quod E. F. pater praedicti A. B. dedit, concessit, & per idem factum confirmavit eisdem W. & I. praed. mesuagium cum pertinentijs, habend. & tenend. ipsis & haeredibus suis in perpetuum, primo die Augusti anno etc. apud B. in Com. praedicto subtiliter imaginati fuerunt & fabricaverunt, ac illud adtunc et ibidem ad destruendum & perturbandum jus stat. titulum et possessionem ipsius A. B. de et in mesuagio praedict. cum pertinentijs pronunciari, publicari, et legi fecerunt: per quod idem A. B. de possessione et titulo suis mesuagij praedicti cum pertinentijs graviter turbatus et vexatus fuit, super quo praedicti W. et I. postea, scil. primo die Septembris anno supradicto coram justiciarijs ad Assisas & gaolae deliberation. in Com. praedicto tenend. assignatis indictati ac legitimo modo pro praedicta falsa fabricatione praedicti falsi feoffamenti convicti fuerunt; praedicti tamen W. & I. posteà (scil.) primo die Maij, anno etc. ex eorum falsa conspiration & covina quoddam aliud falsum factum feoffamenti de praedicto mesuagio cum pertinentijs, in quo continetur quod praed. A. B. dedit, concessit, & per idem factum confirmavit eisdem W. & I. mesuagium praedictum, habend. & tenend. ipsis & haeredibus suis in perpetuum, apud B. praedict. in Com. praedicto subtiliter, falso, & felonicè imaginati fuerunt & fabricaverunt, ac illud adtunc & ibidem ad destruendum & perturbandum possessionem & titulum ipsius A. B. de mesuagio praedicto cum pertinentijs pronunciari, publicari, & legi fecerunt, per quod idem A.B. de possessione & titulo suis mesuagij praedicti cum per●inentijs iterum graviter turbatus & vexatus existit, judgement, ut supra. No clergy. in contemptum Dom. Regis, ac contra formam statut. in hujusmodi casu edit. & p●ovis. 57 An Indict. upon the statute of 15. of Ed. 4. for taking of a distress contrary to the common Law. IUrat. pro domino rege present. etc. quod A. B. de C. in Com. E. praed. gen. die etc. anno etc. apud D. in Com. praedicto, vi & armis, viz. gladijs etc. unum equum nigri coloris, pretij quinque librarum, de bonis & catallis I.S. per viam plegij & districtionis pro quodam praetenso debito contra communem legem felonicè cepit, abduxit, & ad proprium opus suum convertit, contra jus, legem, & conscientiam, judgement, ut supra. in contemptum ac contra pacem dom. regis nunc, coronam & dignitat. suas, ac contra formam statut. in hujusmodicasu edit. & provis. 58. An Indictment for taking meat and drink against the will of the owner against the statute of 3. Ed. 2. IUr. pro dom. rege present. quod A.B. de C. in Com. D. praed. Kerne die etc. anno etc. vi & armis, viz. gladijs etc. venit ad domum mansionalem I. G. apud D. in Com. praedicto, & tunc & ibidem contra voluntatem ipsius I.G. felonicè cepit hospitium, cibum, et potum de bonis et catallis praedicti I.G. contra pacem et in contemptum domini regis nunc, judgement, ut supra. ac contra formam stat. in hujusmodi casu edit. et provis. 59 An Indictment for taking of Cuddyes or night suppers against the statute of 28. H. 6. IUratores pro dom. Rege praesentant quod A.B. nuper de C. in Com. D. Labourer, die etc. anno etc. injustè venit, vi et armis, viz. gladijs etc. ad domum mansionalem I.G. apud H. in Con. praed. & tunc & ibid. mandavit praedictum I.G. ad dandum ei coenam nocturnam & pro eo, quod praedict. I. G. eandem caenam dare recusavit, praedict. A.B. tunc & ibidem malitiosè & felonicè, vi & armis, etc. unam togam valoris decem solidorum de bonis praedicti I. G. tanquam plegium pro defectu caenae nocturnae praed. felonicè & contra voluntatem praedicti I. G. cepit & asportavit, judgement, ut supra. contra pacem ac in contemptum dom. regis, & contra formam statut. in hujusmodi casu edit. & provis. 60. An Indictment against a servant that stealeth his master's goods committed to his keeping. IUr. present. pro Dom. Rege, quod cum A. B. de C. in dicto comitatu Mercer, vicesimo die Septembris Anno Regni domini nostri Caroli, Dei gratia Angliae, Scotiae, Franciae, & Hiberniae regis, fidei defensoris etc. 13ᵒ. in domo mansionali ipsius A. B. apud C. praed. in commit. praedicto deliberasset cuidam E.F. de C. praedicta in dicto Com. Mercer, tunc servienti ipsius A.B. pro uno anno integro retento, ac aetatis octodecem annorum existenti, decem libras in pecunijs numeratis de bonis ipsius A.B. ea intention, ut idem E.F. easdem saluò custodiret ad usum praedicti A. B. tunc magistri sui, idem tamen E. F. dicto vicesimo die Septembris anno supradicto, (apprenticius dicti A.B. tunc non existens) apud C. praedict. in Comitatu praedicto à dicto magistro suo unà cum praed. decem libris dicti A.B. tunc magistri sui malitiosè & felonicè discessit, abijt, & aufugit, ea intention, ad furandum dictas decem libras, contra fiduciam in eo per praefatum A. B. tunc magistrum suum repositam & collocatam, judgement, ut supra. & ad dictum A.B. magistrum suum praedictum inde defraudandum, contra pacem dicti Domini regis, ac contra formam statut. in hujusmodi casu provis. & edit. 61. An Indict. upon the statute of Anno 33. H. 8. ca 5. against a servant above the age of 18. years, for going away with a bracelet of gold worth 17. l. delivered to him by his master to keep. IVr. present. etc. quod cum C. P. Armiger secundo die S. anno Regni dictae dominae Reginae nunc 15. apud G. in Com. M. praed. liberasset I.G. nuper de E. in Comitatu M. praed. Husbandman, adtunc servienti suo & non apprentic. suo existen. & ultra aetat. 18. annorum, quoddam brachiale auri Anglicè a Bracelet of gold, valoris 17. l. etc. de bonis & catallis praed. C. pro eod. C. salvo custodiend. Praed. tamen I.G. apud G. praed. in dicto Com. M. eodem secundo die S. anno 15. suprad. à praefato C. adtunc magistro suo seipsum retraxit, & cum brachiali praed. felonicè discessit, abijt, & aufugit, ea intention, judgement, ut supra. ad furand. brachiale praed. & ad defraudand. praed. C. magistrum suum de brachiali praed. contra fiduciam & confidentiam in eodem I. per praefat. C. magistrum suum reposit. ac contra formam statut. in hujusmodi casu edit. & provis. 62. An Indictment of Felony for Conjuration. IUr. pro domino rege present. etc. quod A.B. de C. in Com. D. Clericus, Deum prae oculis suis non habens, sed diabolica instigatione seduct. die etc. anno etc. apud K. in Com. praed. in magnam profanationem nominis Dei omnipotentis felonicè nequiter & sceleratissimè usus fuit, judgement, ut supra. No Clergy. practicavit, & exercuit quasdam Invocationes & Conjurationes malorum & sceleratorum spirituum, contra formam statut. in hujusmodi casu edit. & provis. etc. 63. For killing a man by Witchcraft. IUratores present. pro domino Rege, quod Sara B. de C. in Comitatu praedicto vidua, vicesimo die Augusti, Anno Regni domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. 13ᵒ. ac diversis alijs diebus post dict. 20. diem quasdam artes detestandas, Anglicè vocatas Witchcraft and Sorcery, nequiter & felonicè practicavit & exercuit apud C. praedict. in Comitatu praedicto, in, super, & contra quendam johannem N. de C. praedicta in dicto Comitatu Labourer, per quas quidem arts dict. I. N. à praedicto 20. die Augusti anno supradicto, usque 24. diem praed. mensis Augusti anno supradicto periculosissimè ac mortaliter aegrotabat & languebat; ac eodem 24. die Augusti anno supradicto idem I. N. per artes praedictas apud C. praedict. in dicto comitatu obijt. Et sic juratores praedicti present. quod eadem Sara ipsum johannem N. apud C. praedictam modo & forma supradictis, ex malitia sua praecogitata voluntariè, judgement, ut supr●. No Clergy. diabolicè, nequiter, & felonicè per artes praedictas occidit & interfecit, contra pacem dicti domini regis nostri, ac contra formam statuti in hujusmodi casu edit. & provis. 64. The like Indictment for Witchcraft etc. more full than the former. INquir. pro domino Reg. si Marg. L. de A. in Com. E. Spinster, 24. die junij, Anno Regni dominae nostrae Eliz. 15. ac diversis alijs diebus & vicibus tam antea quam postea, Deum prae oculis suis non habens, sed instigatione diabolica seduct. quasdam malas & diabolicas arts, Anglicè vocat. Witchcrafts, Enchantments, Charms and Sorceries, nequiter, diabolicè & fellow. apud H. praed. in Com. E. praed. ex malitia sua praecogitat. usa fuit, practicavit, & exercuit in & super quendam W.M. praetextu cujus, praed. W.M. à praed. 24. die junij anno suprad. usque 24. diem Decembris, Anno Regni dictae dominae Reginae Eliz. etc. 35. praed. languebat; quo quidem 24. die Dec. suprad. praedict. W. ratione practicationis & exercit. diabolic. artium praed. apud H. praed. in Com. E. praed. obijt. Et sic praedict. M. ipsum W. apud H. praed. in Com. E. praed. modo & forma supradict. & ex malitia praecogit. felonicè interfecit, judgement, ut supra. No Clergy. contra pacem dictae dominae Reg. & contra formam statuti etc. 65. An Indictment of Felony for marrying a second wife the former wife being alive. IUratores pro domino Rege praesentant quod A.B. de C. in Con. D. praed. yeoman, die & anno &c. apud D. in Com. praedicto secundum leges sanctae Ecclesiae cepit in uxorem & maritavit quandam I.F. modo in plena vita apud K. in Com. praed. existentem; Et quod idem A. B. posteà, scilicet die etc. anno etc. timorem nec honorem Dei omnipotent. prae oculis suis non habens quandam E.B. apud L. in Com. praed. nequiter & felonicè in uxorem duxit & maritavit (praed. I.F. tunc vivente & nullo devortio inter eos praehabito) contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. judgement, ut supra. 66. For Buggery. IUratores pro Dom. rege present. quod A.B. nuper de C. in dicto Comit. Clericus, vi & armis apud C. praedict. in Comitatu praedicto, Anno regni domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. 13ᵒ. in quendam I.S. de C. praedicta in dicto Comitatu puerum masculum (aetatis non amplius quindecem annorum, ac tunc ibidem in quodam loco, vocat. le Arbre, in pace Dei & dicti domini regis existentem) insultum fecit, ac cum dicto I.S. puero praedicto, sceleratissimè, felonicè, ac contra naturae ordinem, tunc ibidem, rem habuit veneream, dictumque puerum carnaliter cognovit, ac sic cum eodem puero peccatum illud horribile ac Sodomiticum, Anglicè vocat. Buggery, judgement, ut supra. No Clergy. adtunc ibidem felonicè commisit ac perpetravit, contra pacem dicti domini regis nostri, ac contra formam statuti in hujusmodi casu provisi ac editi. 67. For unlawful purveyance. IUr. pro Dom. Rege present. quod primo die julij, Anno Regni dicti domini nostri Caroli, dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris, etc. 13o. quidam H.W. nuper de G. in dicto Comitatu Tipler, apud C. in Comitatu praed. prae se ferens & asserens se esse unum ex provisorib. hospitij dicti domini regis, dicto primo die, anno supradicto (quo quidem tempore nullum ostendit aut secum habuit warrantum sub magno aut parvo sigillo dict. dom. Regis) apud C. praedict. in Comit. praedicto tres oves castratas (Anglicè vocatas Weathers) pretij 20. s. de bonis & catallis I.S. de C. praedicta in dicto Comitatu yeoman, tunc ibidem existentes inventas, sub colore purveianciae pro dicto hospitio, illegitimè ac felonicè cepit & abduxit, contra pacem dicti domini regis, judgement, ut supra. ac contra formam diversorum statutorum in hujusmodi casu provisorum & editorum. 68 An Indictment of felony for acknowledging a Recognisance in the name of another without his privity, upon the statute of 10. Caroli cap. 20. IVratores pro Dom. Rege etc. present. quod A.B. de C. in Com. D. gen. die etc. anno. etc. apud S. in Com. praedict. venit coram I.H. milite uno justitiariorum Dom. Regis nunc ad pacem in Com. praedict. conservand. assignat. & tunc & ibidem coram praefato I.H. in nomine cujusdam R.P. armigeri quandam Recognitionem pro conservatione pacis dicti Domini Regis in summa viginti librar. sterl. dicto dom. Regi nunc, absque notitia aut consensu praedicti R. P. felonicè recognovit, judgement, ut supra. contra formam statuti in hujusmodi casu editi & provisi, ac contra pacem etc. The like Indictment may be made for acknowledging a Statute Merchant or Statute Staple, a Fine, Recovery, Bail, or judgement, mutatis mutandis. 69. An Indictment of felony for multiplying Gold or Silver upon the Statute of 5. H. 4. cap. 4. IVratores pro Domino Rege super sacramentum suum dicunt & present. quod A. B. de C. in Com. D. yeoman, die etc. anno etc. apud S. in Com. praedicto, quandam falsam & deceptivam artem, viz. artem multiplicationis auri & argenti, felonicè exercuit & usus fuit, contra formam statut. in hujusmodi casu edit. & provis. ac contra pacem etc. judgement, ut supra. 70. An Indictment for taking a distress contrary to th● common Law upon the statute of 15. E. 4. in Ireland. IUrator. etc. present. quod A.B. de C. in Com. E. yeoman, die etc. anno etc. apud C. praed. in Com. praed. vi & armis viz. etc. unum equum pretij quinque librarum de bonis & catallis cujusdam I.S. tunc ibidem invent. pro plegio & per viam districtionis pro quodam debito quinque librarum, quas idem A. B. tunc asserit praed. I.S. sibi debuisse, felonicè cepit, distrinxit, & asportavit (eodem I. S. adtunc responsibili ad communem legem existente) in contemptum Dom. Regis nunc, judgement, ut supra. & contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 3. Indictments of Misprisions of several sorts. viz. 1. An Indictment of Misprision for concealing of Treason. IUratores pro domino Rege super sacramentum suum dicunt & praesentant, quod cum W. B. etc. vi & armis &c. quandam domum mansionalem ac unum ho●reum cujusdam W. T. necnon viginti carrectatas hordei in horreo praedicto existen. ad valent. 20.l. de bonis & catallis ejusdem W. apud B. in Com. praedicto, die etc. anno etc. proditoriè, malitiosè, & voluntariè ignivit, accendit, cremavit, & cum igne destruxit, judgement, forfeiture of goods & chattels, the profit of his lands during his life, and perpetual contra pacem etc. & contra formam statuti inde editi & provisi, Q●idam I. K. de E. in Com. praed. die etc. anno etc. sciens & bene cognoscens praedictum W.B. proditionem praedictam in forma praedicta fecisse & perpetrasse, eandem proditionem à dicto die etc. & anno &c. apud T. predict. in Com. praed. proditoriè concelavit, contra debitum ligeantiae suae, & contra pacem etc. 2. An Indictment of Misprision against two for concealing of Treasonable words. viz. A vengeance on the Queen, and of such false Council. IUratores pro dom. Regina, etc. present. quod cum W.I. de S. in Con. N. Clericus, die etc. apud W. in Com. praed. Deum prae oculis suis non habens, nec ligeantiam debit. suam ponderans, falsò & prodit. ut falsus proditor & inimicus ipsius Dominae Reg. dict. die & anno apud N. praed. coram A. B. & C. D. de E. in Com. praed. yeomen, obstinatè & malitiosè dixit & pronunciavit haec verba sequentia in Angl. verbis, viz. A vengeance on the Queen, and of such false Council, tam contra ligeantiae suae debitum & pacem dictae Dominae Reg. quam contra formam statuti in hujusmodi casu editi & provisi: judgement, ut supra. et sic praed. A.B. & C.D. scientes praed. W. dicta verba proditor. locutum fuisse, eadem verba proditoriè contra ligeantiae suae debitum à praedicto die etc. Anno etc. usque ad 1. diem Martij, anno etc. concelaverunt & secretè custodiverunt, contra pac. etc. 3. An Indict. of Misprision for Confederacy or combination by oath against Queen Elizabeth and others. INquir. pro domina Reg. si I.H. de B. in Com. L. yeoman, & W. P. de G. in Comitatu praedicto yeoman, die etc. anno etc. apud D. in Com. praed. malitiosè & proditoriè seipsos obligaverunt & fides suas mutuas insimul dederunt, juraverunt, & sacramenta sua super librum praestiterunt, quod in alto & basso, justitia & injustitia, jure & injuria se ad invicem tenerent in omnibus occasionibus, querelis, & demand. quibuscunque contra ipsos vel quemlibet eorum movend. ad sectam dominae Reg. seu alicujus alterius partis, & sic tunc & ibid. seipsos combinaver. & confederaver. contra dictam dom. Regin. et cunctum populum suum, judgement, ut supra. in magnum praejudicium et laesionem totius populi dictae dominae Reginae, & contra pacem etc. 4. An Indictment of Misprision of Treason for counterfeiting of Coin not currant in this Kingdom upon the statute 28. Eliz. cap. 7. IUratores pro domino Rege etc. dicunt & praesentant, quod A.B. nuper de C. in Com. D. Labourer, die etc. anno etc. & diversis alijs diebus & vicibus tam antea quam postea, machinans dictum dominum Regem et populum suum callidè, falsò, & deceptive decipere & defraudare, de injuria sua propria absque authoritate, warranto, sive concessione regiae Majestatis ei concess. viginti pecias falsae monetae ad imaginem & similitudinem peciarum monetae Auri Regis Hispaniae, Anglicè vocat. Spanish Pistolets, non permissas fore currentes in hoc regno Hiberniae die & anno praed. apud W. in Com. praedicto pro iniquo lucro et advantagio e cupro deaurato falsò & proditoriè fabricavit, judgement, ut supra, cudit, & contrafecit, contra formam statuti in hujusmodi casu editi & provisi, ac contra pacem etc. 5. Another Indictment of Misp ision of Treason for uttering of counterfeit money. IVratores pro domino Rege etc. dicunt & praesentant, quod cum A. B. de C. in Com. D. Labourer, die etc. anno etc. et diversis alijs diebus & vicibus tam a ten quam postea, Deum prae oculis suis non habens, sed instigatione diabolica seductus, machinans dictum Dominum Regem et populum suum callidè, falso, deceptiuè, et proditoriè decipere et d●fraudare, de injuria sua propria absque aliquo warranto seu regali concessione ei concess. octo pecias falsae monetae, ad imaginem & similitudinem peciarum monetae auri Anglicè vocat. Soveraines of ten shillings a piece, apud W. in Com. praedicto pro iniquo lucro et advantagio suo è cupro et alijs mixtis metallis deauratis falsò et proditoriè fabricavit, cudit, & contrafecit, contra pacem Dom. Regis nunc, coronam et dignitatem suas, & contra formam statuti in hujusmodi casu editi et provisi; Quidam tamen O.S. de W. in Com. praedict. Taylor, perfectè sciens praed. pecias monetae sic ut permittitur fuisse falsas & contrafactas, & non veram currentem et legitimam monetam hujus Regni Hiberniae, die etc. anno etc. ac diversis alijs diebus et vicibus easdem pecias, sic ut permittitur, falsò & proditoriè fabricatas et contrafactas, diversis ligeiss dict. dom. Reg. pro vera et legitima moneta hujus regni Hiberniae judgement, ut supra. apud W. in Com. praedicto falso et proditoriè exposuit et utteravit, in magnam subditorum dicti Dom. Regis deceptionem, ac contra pacem dicti Dom. Regis, coronam & dignitatem suas. 6. An Indictment of Misprision of Felony. IUr. pro Dom. Rege etc. praesentant, quod cum N.B. nuper de C. in Com. D. praedict. yeoman, die etc. anno etc. vi & armis &c. quoddam stabulum in domo mansionali cujusdam I.S. in C. praedicta in Com. praedicto existens fregit & intravit, ac unum spadon. Anglicè vocat. a Gelding, coloris albi, pretij sex librar. de bonis & catallis ipsius I.S. tunc ibidem existen. invent. felonicè cepit & abduxit, contra pacem dicti dom. regis, coronam & dignitat. suas, Quidam H.H. nuper de C. praedicta in Com. praedicto yeoman, die etc. anno etc. perfectè sciens praefatum A.B. feloniam praedictam apud C. praed. modo & forma praed. fecisse & perpetrasse, judgement, Fine and Ransom. praedict. tamen H.H. feloniam praedictam à praedicto die etc. anno etc. usque ad diem etc. anno etc. felonicè concelavit & secretè custodivit, contra pacem dicti dom. regis, coronam & dignitatem suas. 7. An Indict. of Misprision for offering to strike a justice sitting in judgement. IUratores pro domino rege etc. praesentant quod A.B. de C. in Con. D. gen. die etc. anno etc. vi & armis injustè venit ad domum generalis Sessionis pacis (Anglicè vocat. the Session's house,) in H. in Com. praed. & tunc & ibidem consimili vi & armis, viz. gladijs, etc. tunc & ibid. in & super quendam I.S. Armig. tunc unum justic. dicti dom. Regis ad pacem in Com. praedicto conservand. assignat. in aperta Sessione in executione officij sui justiciarij pacis in Com. praed. seden. insultum fecit, judgement is loss of goods, chattels, and lands, his right hand to be cut off, and perpetual imprisonment. & ipsum I.S. cum gladio districto tunc & ibid. percutere proditoriè conatus fuit, in magnum contempt. dicti dom. regis, ac contra pacem ejusdem dom. regis, coron. & dignitat. suas etc. 8. An Indict. of Misprision for striking a juror in the presence of the justices. IUratores pro dom. Rege super sacrament. suum dicunt & present. quod cum A.B. de C. gen. ad generalem Sess. pacis tent. apud K. in Com. D. die etc. anno etc. per I.H. & I.K. adtunc justiciarios dom. regis nunc ad pacem in Com. praed. conservand. necnon ad inquirend. de omnibus & singulis proditionibus, felonijs, & alijs malefactis assignat. inter alios juratus fuit in magn. jurat. ad inquirendum pro dicto dom. rege, & sic jurat. existen. in aperta Curia general. Sessionis praed. quidam C.D. de F. in Con. praed. gen. vi & armis &c. in praesentia dictorum justic. die etc. anno etc. apud K. praed. in aperta Curia praed. in et super praed. A.B. insultum fecit, et cum gladio districto quem in manu sua dextra adtunc et ibid. tenuit, judgement, ut supra in 7. praefatum A.B. malitiosè et violentèr percussit, in magnum contempt. etc. & exemplum perniciosum, ac contra pacem etc. 9 An Indict. of Misprision against one of mean quality for striking a man of honour. IUr. pro Dom. rege etc. present. quod A.B. de C. in Com. D. Labourer, die etc. anno etc. apud K. in Com. praed. vi & armis, viz. gladijs etc. in & super praenobilem I.N. Comitem M. unum magnatum ac de magno consilio hujus regni Hiberniae insult. fecit, judgement, Fine and imprisonment: but anciently it was loss of his hand. & tunc & ibidem eundem Com. verberavit, vulneravit, & maletractavit, ita quod de vita ejusdem Comitis desperabatur, & alia enormia ei intulit, in magnum contempt. dicti dom. Regis & magnatum suorum hujus regni Hiberniae, & exempl. perniciosissimum, ac contra pacem etc. 10. An Indict. of Misprision for rescuing a prisoner arrested by a justice sitting in judgement. IUr. pro dom. rege etc. present. quod cum A.B. unus justiciarior. dicti dom. Regis in Com. C. conservand. necnon ad inquirend. de omnibus & singulis proditionibus, felonijs, & alijs malefactis assignat. sedens in judicio in generali Sessione pacis tenta apud K. in Com. praed. die etc. anno etc. arrestavit & apprehendi fecit quendam E.F. ad respondend. dicto dom. Regi de quibusdam malefactis per ipsum E.F. perpetrat. (& praedict. E.F. sic arrestat. & apprehens. existen.) quidam I.K. de L. in Com. praed. gen. praed. die etc. anno etc. apud K. praed. vi & armis, judgement, is forfeiture of lands, goods, and chattels, and perpetual Imprisonment. viz. gladijs etc. praed. E.F. ab arrestatione praedicta rescussit, & ipsum E.F. ad largum ire, quo voluit, posuit & permisit, in magnum contempt. publicae justitiae dicti dom. regis & exemplum perniciosissimum, ac contra pacem etc. 4. Of Pramunires of several sorts. 1. An Attainder of Praemunire for advancing foreign jurisdiction. RObertus Lalor nuper de le Naas in Com. Kildare Clericus indictatus coram Dom. rege hic etc. de eo quod praed. Robertus, machinans dom. regem & coronam & dignitat. suas exhaeredare, primo die januarij, Anno regni dom. regis nunc Angliae, Franc. & Hiberniae tertio, & Scotiae tricesimo nono, apud Dublin. in Com. Civit. Dublin. quasdam bullas, process. & brevia, quae tangunt dom. regem, impetrata in Curia Romana continen. authoritatem & potestat. constituendi vicarium generalem infra separales dioeses. Dublin. Kildare, & Ferrens. recepit, notificavit, & executus fuit, & praetextu dict. bullarum & brevilum adtunc & ibid. constitutus fuit vicarius general. dictar. dioeses. Et postea scil. sexto die januarij Anno suprad. apud Dublin. praed. praetextu dictar. bullar. & brevium acceptavit & super se assumpsit stilum, titulum, & jurisdictionem vicarij generalis Ecclesiae Romanae per nomen Apostolicae sedis in dict. separalibus dioesesibus Dublin. Kildar. & Fernens. & tunc & ibid. spiritualem jurisdictionem ut vicarius generalis dictar. dioeses. exercuit & usurpavit, instituendo unam personam ignotam ad quandam Ecclesiam infra dioeses. de Laughlin, & alteram personam ignotam ad alteram Ecclesiam infra dict. dioeses. de Kildare, ac concedend. separales dispensationes diversis personis in gradibus à jure Canonico prohibit. mar●●●●è & maritand. viz. johanni Delahide generoso & Rosinae Eustace uxori ejus, ●c Edmondo Purcell generoso et Elinorae Terrill uxori ejus, ac W●●tero Roch & Moreae Cavanagh uxori ejus, & alia omnia ad dictam iurisdictionem spiritualem pertinen. faciendo, contra dictum dom. reg. coron. regal. & regimen suum, ac in dicti dom. Regis nunc contemptum, & coronae suae exhaeredationem manifestam, ac contra for●am diversor. statut. in hujusmodi casu edit. & provis. venit coram Dom. rege hic etc. per Constabular. castri Dublin. ad barram ductus & statim de transgressionibus contempt. et offens. praed. allocut. qualiter se velit inde quietar. dicit quod ipse in nullo est inde culpabilis, & de hoc de bono & malo posuit se super patriam; & johannes Davies miles Attornatus ejusdem dom. Reg. qui pro eodem dom. rege sequitur, similiter. Ideo fiat inde jurat. & jurat. exacti vener. qui ad veritatem de praemissis dicend. electi, triati, & jurati dicunt super sacrament. suum quod praed. Robertus Lalor est culpabilis de transgressionibus, contempt. & offens. praed. modo et forma prout per Indictament. praed. versus eum supponitur. Super quo instanter Serviens ejusdem dom. reg. ad legem & ipsius dom. reg. Attornat. praed. pro eo quod praed. Robertus Lalor de transgressionibus, contempt. & offens. praed. ei superius impositis convictus est juxta debitam legis formam, petierunt versus eundem Robertum Lalor judicium & executionem superinde pro eodem Dom. reg. habend. Et super hoc, vis. & per Curiam hic intellectis omnibus & singulis praemissis, considerat. est, quod praed. Robertus Lalor ponatur amodo in futur. extra protectionem Domini Regis, & quod omnia bona & catalla terr. & tenement. ipsius Roberti sint forisfacta, juxta formam & effectum stat. praedictor. etc. judgement▪ to be out of the King's protection, forfeiture of lands, goods & chattels, and perpetual imprisonment. Et super hoc idem Robertus remittitur prisonae dicti dom. reg. Castri sui de Dublin. ibid. moratur. quousque etc. Et praec. est, vic' civitat. Dubls. quod non omitt. etc. quia per sacrament. etc. diligent. inquirant quae bona & catalla terr. sive tenementa idem Robertus habet seu habuit etc. & inquisitionem &c. coram Dom. rege mittant à die S. Trinitatis in 15. dies ubicunque etc. Quod quidem breve retornatur execut. prout patet Termino S. Trinitatis prox. sequen. Rotulo quarto. 2. An Indictment of Praemunire for suing to the Court of Rome for Trespass, against the party and his Proctor. Lib. Intrat. fol. 466. 1. IUr. pro dom. rege super sacrament. suum dicunt & praesent. quod A.B. nuper de C. in Com. D. Clericus, machinans dom. reg. nunc & co●on. suam regiam exhaeredare & cognitiones placitor. de transgressiodibus, quae ad ipsum dom. regem & coron. suam pertinent, ad aliud examen extra regnum dom. Regis praed. trahere, & quendam W.H. ac alios de subditis dict. dom. regis indebite praegravare, ad Curiam Romanam accessit, & ibid. sine licentia dom. Regis resedit, atque quamplures processus, sententias, & citationes ad ipsum W. ac alios de subditis domini Regis praed. extra regnum dom. Regis praed. trahere ad respondend. praedicto A.B. in dicta Cur. Romana extra regnum Hiberniae de quibusdum transgressionibus sibi (ut dicit) illatis, viz. de eo quod idem W. vi & armis clausum & domos praed. A. B. apud W. in Com. praed. fregisset, ac de eo quod idem W. vi et armis bona et catalla praefati A.B. viz. decem carrectatas frumenti etc. ad valentiam viginti marcar. ibid. invent. cepisset & asportasset, contra etc. in dicta Cur. Romana prosecutus fuit, ac sententias & excommunicationes versus ipsum W. superinde fieri & haberi procuravit, eaque per I.R. de D. in Com. praed. Clericum die etc. Anno etc. ac diversis diebus & vicibus antea & postea, apud W. in Com. praedicto pronunciari, publicari, & eidem W. notificari, ac executionem demandari fecit & procuravit, & quamplura alia domino Regi & coronae suae praejudicialia fecit, in Dom. Regis nunc contemptum & praejudicium, et exhaeredationis Coronae suae periculum manifestum, & ipsius W. damnum non modicum & gravamen, ac contra formam statut. in hujusmodi casu edit. & provis. & quod praedictus I.R. die etc. anno etc. ac antea & postea fuit procurator, Iudgement, ut supra. manutentor, Consiliarius, & Abettor praedicti A.B. in hac parte apud W. praed. contra pacem dicti domini Regis, ac contra formam statut. in hujusmodi casu edit. & provis. 3. An Indict. of Praemunire for suing to Rome to avoid a Recovery at the Common Law in a writ of Annuity; Lib. Intrat. ●●l. 446. 2. upon the Stat. of 27. Ed. 3. cap. 1. IUratores pro dom. Reg. etc. dicunt & praesent. quod cum per Dom. Regem, proceres, magnates, & communitatem Regni sui Angliae in Consilio suo apud W. nuper tento ordinat. & concordatum fuisset quod omnes & singuli de ligeantia Dom. Regis, cujuscunque fuerint conditionis, qui aliquam personam extra regnum Domini regis trahunt in placitum de aliquo unde cognitio ad Cur. domini regis pertinet, vel de aliquo unde judicia in Cur. Domini regis redduntur, vel qui in aliena Curia ad adnulland. vel impediendum judicia in Curia Regis reddita prosequuntur, habeant diem, spatium duorum mensium continentem, per praemonitionem in loco ubi possessiones in debato existentes sunt, vel alibi ubi terras vel alias possessiones habeant, per vicecomitem vel ministrum Regis faciend. de essendo coram Rege & Consilio suo, vel in Cancellaria Regis, vel coram justiciarijs suis de utroque Banco, vel alijs justiciarijs suis per ipsum Regem assignand. ad respondend. de contemptu facto in hac parte: et si ad diem praedict. non venerint ad standum legi, tunc ipsi, procuratores, Attornati, Notarij, & manutentores sui (ab illo die, non antea) ponantur extra protectionem Regis, & terrae & tenementa, bona & catalla sua Regi sint forisfacta: ac licet A. B. recuperavit coram justiciarijs Dom. Regis de Banco hic per breve Regis, Anno etc. versus R. tunc Personam Ecclesiae de L. viginti marcas, quae eidem A.B. aretro fuerunt de annuo redditu duar. marcar. quas ei debuit per consideration. ejusdem Curiae Domini Regis, (prout per judicium in dicta Cur. inde redditum plenius est declaratum;) nihilominus B. nuper Persona Ecclesiae de D. ac magister de I. & I.B. Capellanus, Procuratores, executores, & manutentores praedicti B. satagentes Ius Dom. Regis & judicium praedict. malitiosè impugnare, quamplures inhibitiones, citationes, processus, et notificationes eorundem, ac aliae Regi & Coronae suae praejudicialia in hac parte fecerunt; & per ea dictum judicium ad alienum forum extra Regnum Domini Regis, ad illud ibidem subvertendum & adnulland. deducere; et sic Dom. Regem à cognitione sua Regia, quam in dicto Regno suo temporibus retroactis idem Dominus Rex & progenitores sui quondam Reges Angliae, ut in Regio jure suo, in casibus hujusmodi exercere consueverunt, impedire nitebantur totis viribus suis; in dom. regis nunc contemptum & praejudicium, et dictae Coronae & dignitat. suar. laesionem & exhaeredationem manifestam, Iudgement, ut supra. & contra tenorem provisionis et ordinationis praedict. et contra formam diversorum statut. in hujusmodi casu edit. et provis. & contra legem & consuetudinem Regni sui etc. 4. An Indict. of Praemunire for obtaining a Bishopric by way of provision from the Pope. Lib. Intr. fol. 466. 3. IUratores pro Dom. Rege etc. dicunt & praesentant, quod cum in statuto in Parliamento Dom. Richardi nuper Regis Angliae secundi post Conquestum apud Winton. anno Regni sui 16. tent. edit. inter caetera ordinatum sit & stabilitum quod si aliquis impetraverit aut prosecutus fuerit seu impetrari vel prosequi fecerit in Curia Romana vel alibi bullas, instrumenta, aut alia quaecunque quae tangunt Dominum Reg. contra ipsum, Coronam Regalem, seu regnum suum, & siquis ea infra Regnum Angliae detulerint, sive ea receperint, vel inde notificationem seu aliam executionem quamcunque infra Regn. praed. seu extra, fecerit, ipsi, notarij, procuratores, manutentores, abbettatores, fautores & consiliarij sui extra protectionem domini Regis ponantur, et terras et tenementa, bona et catalla sua domino Regi forisfaciant, & quod corpora sua attachientur (si possint inveniri) & coram domino Rege & Consilio suo ducantur ad respondend. ibidem in casibus supradict. vel quod processus fiat contra eos per Praemunire facias modo quo ordinat. est in alijs statutis de provisoribus et alijs qui in aliena Curia in derogationem Regalitatis dom. Regis prosequuntur, prout in eodem statuto (dicto Anno decimo sexto dicti nuper Regis Richardi secundi edito) plenius continetur: ac licet Episcopatus L. in hoc Regno Hiberniae per mortem venerabilis in Christo patris M. L. ultimi Episcopi ibidem (qui nuper viz. die etc. anno etc. apud etc. obijt) vacaverit, & jus sit regium coronae regali suae specialiter annexum postquam aliquis Episcopatus regni praedicti post mortem, resignationem, ac aliam causam quamcunque vacaverit, personam idoneam in Episcopum talis Episcopatus sic vacant. creand. & constituend. Q●idam tamen R.H. & E. de &c: machinantes dict. Dom. Regem nunc & Coronam suam regiam exhaeredare, & collationem & constitutionem Episcopatuum hujus Regni Hiberniae ad aliud examen trahere, quasdam bullas Romani Episcopi (continentes quod idem Romanus Episcopus quendam W: G: Clericum Ecclesiae L. praedictae providit, eumque eid. Ecclesiae praefecit in Episcopum & pastorem, curam & administrationem ejusdem eidem W. in spiritualibus & temporalibus plenariè committend. mandavit igitur idem Romanus Episcopus per easd. bullas universis vassallis Ecclesiae L. praedictae quatenus ipsi eundem W. devot è susciperent & debita honorificentia prosequerentur, & eidem W. fidelitatem solitam & consueta servitia ac jura, sibi ab eod. Romano Episcopo data, exhibere integre studerent, sub poena excommunicationis sententiam incurrend.) ab eod. Rom. Episcopo in Cur. Romana post mortem praed. M. nuper Episcopi etc. per W.G. impetrat. infra dictum Regnum Hiberniae, viz. apud B. in Com. D. die etc. anno etc. detuler. & easd. bull. cuidam V.C. Clerico adtunc & ibidem notificaver. ubi idem W.G. in Episcopum L. praedict. per praedictum dom. Regem nec collatus nec constitutus nec destinatus fuit: sicque praed. R.H. & E. collationem, constitution. & destination. ad Episcopatum praed. ad aliud examen extra regnum praed. subdolè deduci facere & destinari nitebantur totis viribus suis minùs justè, in dicti Dom. Regis nunc contempt. & praejudicium, ac coronae suae regiae exhaeredationis periculum manifestum, & tam contra formam statuti praedicti dicto anno 16. nuper Regis Rich. 2. editi, Iudgement, ut supra, quam contra formam diversorum aliorum statutorum in hujusmodi casu editorum & provisor. Lib. Intr. fol. 468. 1. 5. An Indictment of Praemunire for suing for a debt in the spiritual Court. IVratores etc. dicunt & praesentant, quod eum placita, querelae, & prosecutiones terrar. & tenementor. transgressionum, debitor. & alior. consimilium infra hoc regnum Hiberniae illata, ad Dom. Regem nunc, ad regalem coronam & dignitatem suas specialiter (& non ad forum Ecclesiasticum) pertineant, Quidam tamen I.R. de etc. Clericus subdolè & malitiosè machinans Dom. Regem nunc, coron. & dignitat. suas exhaeredare, & cognitiones quae ad Curiam ipsius dom. regis pertineant ad aliud examen infra hoc regnum suum Hiberniae in Cur. Christianitatis Dublinen. coram I. W. Officiali etc. trahere, die etc. anno etc. apud D. etc. quendam I.A. Cleric. ad prosequend. R.B. in ead. Cur. Christian. coram praefato Officiali pro debito viginti librar. & ipsum R. ad comparend. in ead. Curia Christianit. praefato I.A. inde responsur. citare, & ea de Causa & ejusd. causae circumstantijs & appendentijs in dicta Cur. Christianit. trahere in placitum procuravit & abbettavit, in dicti Dom. regis nunc contempt. ac coronae suae regiae exhaeredation. manifest. quar. quidem procurationis & abbettationis praetextu praedict. I. A. postea, viz. die etc. anno etc. eund. R. ad comparend. coram praefato Officiali in dicta Cur. Christian. ei inde responsur. apud D. praedict. in Com. praedicto citari fecit, ac ipsum R. ad comparendum apud D. praed. in eod. Com. coram praefato Officiali in ead. Curia Christian. die etc. tunc proximè sequent. ei inde responsur. per citation. illam astrinxit, ipsumque R. adtunc & ibidem in ead. Cur. Christian. pro dicto debito viginti librar. (cautè & subdolè suggerendo eundem R. in casu licito possibili & honesto ac de jure permisso in litis eventu declarand. fide sua media seu saltem praemissa antedicto I.A. voluntariè astrinxisse, promisse & jurasse ac in ejusdem litis eventu praefatum R. ad solvend. dictas 20. l. fide sua media seu saltem praemissa antedicto I.A. promisisse & jurasse) traxit in placitum: Iudgement, ut supra. dictusque I.R. praedicto die etc. anno etc. praefatum I.A. in praemissis manutenuit in dicti Domini regis nunc contempt. & coronae suae exhaeredationem manifestam ac contra formam statut. in hujusmodi casu edit. & provis. 6. An Indictment of Praemunire for suing for Tithe of great Oaks in the Ecclesiastical Court. IUratores pro Dom. rege etc. dicunt & praesent. quod A.B. Clericus Rector Ecclesiae parochialis de Dale in Com. praedicto subdole & malitiosè machinans Dom. Regem nunc & coronam suam Regiam exhaeredare, die etc. apud S. in Comit. praedicto, quendam I.H. de L. in Com. praedicto yeoman, in Curia Christianitatis, viz. in Curia Lanceloti Archiepiscopi Dublinensis Primatis Hiberniae prosecutus fuit & implacitavit, de eo quod idem I. H. redderet eidem A.B. Rectori Ecclesiae parochialis de Dale in Com. praed. decimas de grossis arboribus ipsius I.H. apud D. in parochia praedicta tunc crescentibus per nomen hujus vetbi silva caduae, viz. centum quercus de aetate quinquaginta annor. & amplius, sexaginta quercus de aetate centum annor. centum quercus de aetate triginta annor. ducent. quercus de aetate viginti annor. & ampliùs, ante successionem earund. existen. & praedictus A.B. praedict. I.B. ea occasione, quarto die julij tunc proximè sequen. apud S. praed. per quendam T.B. citari fecit ad comparend. & respondend. super praemissis in Curia Christianitatis praed. Archiepiscopi coram W. B. Officiali ejusdem Archiepiscopi in Ecclesia S. Patricij in Comitatu Dublin. 26. die julij tunc proximè sequen. & diversas sententias in ipsum I.H. tunc & ibidem occasione praemissa fulminari, & contra ipsum adjudicari fecit, in dicti dom. Regis nunc contemptum & praejudicium, ac coronae suae regiae exhaeredationis periculum manifest. ac contra formam statuti in hujusmodi casu edit. & provis. Iudgement, 〈◊〉 supra. 7. An Indict. of Praemunire for extolling of foreign Authority. IVratores etc. quod cum A.B. de C. in Com. D. Clericus ad generalem Sessionem pacis tent. apud K. in Com. P. die etc. anno etc. coram I.H. L.M. & I.K. adtunc justiciarijs dom. Regis ad pacem in Com. praed. conservand. necnon ad divers. felonias, transgressiones, & alia malefacta audiend. et terminand. assignat. indictatus & convict. fuerit de eo quod ipse idem A.B. die etc. anno etc. apud D. in Com. praed. scientèr, confideratè, malitiosè, & directè palam in praesentia multor. dicti dom. regis nunc subditor. affirmavit, & defendit authoritatem Papae Romani Ecclesiasticam in hoc regno Hiberniae antea usurpat. hijs expressis verbis Anglicanis sequentibus, viz. I swear by the blessed Mass and will avow, that our holy father the Pope of Rome is the supreme head of the Church of Ireland: idem tamen A.B. post convictionem praedict. scil. die etc. anno etc. apud D. in Com. praed. praedicta verba Anglicana in praesentia multor. dicti Domini Regis subditor. scienter, malitiosè, & directè palam & publicè iterum affirmavit, & defendit authoritatem Papae Romani Ecclesiasticam in hoc regno Hiberniae antea usurpat. hijs expressis verbis Anglicanis, viz. The Pope of Rome is the supreme head of the Church of Ireland, and aught to have Ecclesiastical jurisdiction throughout all Ireland; Iudgement, ut supra. in magnam derogationem regiae Authoritatis & praerogativae dicti Domini Regis nunc, ac contra coron. & dignitat. suas, & contra formam statut. in hujusmodi casu edit. & provis. 5. Fyneable offences of several sorts, viz. of 1. Force and violence. 2. Fraud and Deceit. 3. Omissions in officers and others. 4. Other abuses and misdemeanours tending to the prejudice of the Commonwealth, etc. 1. Of Force as Riots, etc. 1. An Indictment of Riot for a riotous affray at the Quarter-Sessions of the peace. IUratores praesentant pro Dom. Rege etc. quòd 8. die Octobris, Anno regni dicti domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensor. etc. 13ᵒ. apud M. in Con. praed. tempore generalis Sessionis pacis pro dicto Comitatu tunc ibidem tentae coram H.C. milite & socijs suis justiciarijs dicti domini Regis ad pacem in dicto Comitatu conservandam assignatis tunc ibidem existentibus & in plena Curia sedentibus, quidam A. B. C. D. E.F.G.H. & I.K. de S. in Comit. praedicto generosi, aggregatis sibi nonnullis alijs pacis dicti Dom. regis perturbatoribus ignotis, ad numerum xx. hominum, vi & armis, viz. judgement, a great fine, & ● year's imprisonment at the least; and bonds of the good behaviour, if the justices see cause. gladijs & pugionibus armati illicitè, routosè, & riotosè sese assemblaverunt, ac inter se insultum & affraiam maximam tunc ibidem fecerunt, sese invicem verberantes & vulnerant. in magnum terror. tam dictorum Iusticiariorum tunc ibidem in Curia sedentium, quam totius populi dicti domini nostri Reg. ad dictam Sessionem pacis tunc ibidem convenientium, ac contra pacem, coronam, & dignitatem dicti Domini Regis nostri etc. 2. For a Riot in a Park upon the Keeper of the Park and his servant, and for hurting the Keeper's servant with an Arrow. INquirat. pro dom. rege fi E.P. etc. H.P. etc. & R.B. etc. aggregat. etc. riotosè & routosè & modo novae insurrectionis in conventiculis illicitis, & modo guerrino arraiat. vi & armis, viz. etc. 30. die etc. anno etc. apud H. in Com. E. praed. in clausum & parcum E. P. viduae ibidem seize illicitè, riotosè, & routosè assemblaver. congregaver. & univer. ad pacem dicti dom. reg. disturb. & adtunc & ibidem, in quend. A.D. gen. custod. parci praed. & in I.B. famulum ipsius A. in pace Dei & dicti Dom. reg. existen. insult. fecer. & praedictus E.P. unam sagittam è quodam arcu tenso, quem idem E. P. in manibus suis adtunc & ibidem habuit & tenuit, sagittavit, & eund. I.B. cum sagitta praedicta in pectore suo percussit dans eid. I.B. unam plagam profundit. dimid. pollicis, & latitud. unius pollicis, ita quod de vita sua desperabatur, judgement, ut supra. & alia enor. eye intuler. ad grave damnum ipsorum A. & I. contra pacem dicti domini Regis, & contra formam statut. in hujusmod. casu edit. & provis. 3. For a Riot in pulling down of hedges and ditches. INquiratur pro Domino Rege, si I. R. nuper de B. in Comit. praedict. yeoman, R. A. nuper de G. in Comit. praedict. Husbandman, & I. B. nuper de D. in Comitatu praedict. Groom, cum multis alijs malefactorib. et pacis dicti Domini Regis perturbatorib. ignot. eyes aggregat. modo guerrino arraiat. unit. assemblat. & congregat. ad numerum quindecim personarum per instigationem & procurationem praedicti I. R. in magnum terrorem subditorum dicti dom. reg. quarto die Maij, Anno regni dom. nostri Regis nunc, etc. secundo, vi & armis, viz. gladijs, falcastris, bipenn. baculis, & alijs armis invasivis, clausum R.B. armig. apud F. infra parochiam de B. in Com. praed. vocat. the M. riotosè freger. & intraver. ac sepes & claus. praed. R.B. ad numerum sexcentorum pedum adtunc & ibidem existen. laceraver. irruper. & prostraverunt, & fossat. ibidem existen. adtunc & ibidem cum ligonibus & bipalijs fodder. planaver. & impleverunt, ad grave damnum ipsius R.B. contra formam diversorum statutorum de riotis & routis & alijs conventiculis illicit. inde nuper edit. & provis. & contra pacem dicti Domini reg. etc. judgement, ut supra. 4. For a Riot in cutting and carrying away of Corne. IUrator. etc. quod A.B. & E.D. etc. aggregatis eis quamplurimis alijs malefactor. & pacis Dom. Reg. perturbatoribus ignotis, ad numerum 4. personarum, modo guerrino arraiat. 3. die Febr. anno etc. vi & armis, viz. gladijs, baculis, & alijs armis tam invasivis quam defensivis, apud F. in Com. E. injustè, riotosè, & routosè assemblaver. clausumque T.L. apud C. in Com. praed. adtunc & ibidem, judgement, Fine and Imprisonment at the discretion of the Court. vi & armis, riotosè & injustè freger. & intraver. & 10. acr. tritici, adtunc & ibidem cresc. valour. etc. de bon. & catal. T. L. praed. adtunc & ibidem invent. injustè, riotosè, & routosè messuer. falcaver. & asportaver. contra pac. &c 5. An Indict. for a riotous and unlawful Assembly, putting men in fear, and doing of Trespass, and ploughing in a Close. IVrat. pro Dom. Rege super sacrament. suum praesentant, quod A.B. nuper de H. in Com. C. yeoman, E.D. etc. 22. die etc. anno etc. vi & armis apud N. in Com. praed. riotosè seipsos assemblantes & associantes, adtunc & ibidem riotosè quoddam clausum vocat. etc. cujusdam R.C. armig. freger. & intraver. ac servient. & tenentes ipsius R.C. adtunc & ibid. in clauso in opere faciendo ipsius R.C. existen. minati fuer. terruer. & maletractaver. ac herbam ipsius R.C. adtunc & ibidem crescen. cum quibusdam averijs non solùm depasti fuer. conculcaver. & cons●mpserunt, sed etiam praed. clausum cum bobus & aratro araverunt & subverterunt, & alia enormia praef. R.C. fecerunt in dicti domini Regis contempt. judgement, as in the last foregoing Pres. manifestum, et ipsius R.C. damnum non modicum et gravamen, ac contra pacem dicti dom. Regis etc. 6. An Indict. of Riot, the Rioters weaponed with diverse weapons and armed with privy Coats, for breaking and entering into a house, taking and spoiling of goods, beating and wounding diverse in the house, breaking of a Chest and taking out of it six silver spoons, and taking, spoiling, and carrying away of Oats out of a Barn. INquiratur etc. Si. I. S. decimo die etc. ann. etc. vi & armis, viz. baculis, gladijs, & cult. necnon tunicis privatis & modo guerrino arraiati, apud W. in Com. praed. domum cujusdam C.B. apud W. praed. in Com. praed. riotosè & manu forti fregerunt & intraver. & in T.B. F.B. etc. adtunc & ibidem invent. in pace Dei & dictae dom. reg. existent. insultum fecerunt, & affraiam ibid. riotosè fecerunt, & ipsos T.B. etc. adtunc & ibid. in pace Dei & dictae dom. Reginae invent. existent. verberaver. vulneraver. & maletractaver. ita quod ipsi de vitis ipsorum desperabant, ac bona & catalla praed. C.B. ad val. 30.l. in domo sua praed. adtunc invent. riotosè ceper. spoliaver. & asportaver. ac cistas ipsius C. in domo sua praed. tunc existen. riotosè fregerunt, & sex cocliaria argent. ad valent. 50. s. de bonis & catallis ipsius Chr. adtunc & ibid. invent. riotosè ceperunt & asportaver. ac avenas ipsius C. tunc & ibid. in horreo suo invent. riotosè ceper. spoliaver. et asportaver. ac alia enormia ei intuler. in perniciosum exemplum ligeor. et subdit. dictae dominae Reg. ac contra formam diverse. stat. etc. ac contra pacem etc. judgement, u● supra in the first Pres. 7. An Indict. for a riotous rescous of Cattles taken damage pheasant. IUratores praesentant etc. quod cum R.B. tali die & anno &c. legitimè fuit possessionat. de & in manner. de H. cum pertin. in W. in Com. etc. Idem R. eisdem die & anno apud W. praed. in Com. praed. inven. quaedam averia, viz. etc. in quodam campo continen. per aestimationem 20. acras pasturae, parcel. manerij de C. in Com. praed. ibidem damnum facient. quae quidem averia sic tunc & ibidem damnum facient. I.R. & quidam T. die & anno supradict. nomine districtionis adtunc & ibidem ceperunt, & usque S. in Com. praed. fugaverunt ubi secundum legem & consuetudinem regni Hiberniae in quodam parco ibid. imparcare voluissent; Quidam tamen T.B. nuper de W. etc. T.C. etc. aggregatis sibi quampluribus alijs malefactoribus ignotis pacis dei & dom. reg. perturbator. ad number. etc. modo guerrino arraiat. vi & armis &c, die & anno suprad. apud S. praed. in praed. I.R. & T. judgement, Fine and imprisonment at the discretion of the Court. insultum fecerunt & tunc & ibidem averia praed. à praed. I.R. & T. routosè & riotosè ceperunt & rescusserunt contra formam diverse. stat. in hujusmodi casu nuper ●dit. & provis. ac contra pacem etc. 8. For a riotous assault made upon a Vicar in his Church, and for imprisoning him a pair of stocks. IVratores pro Dom. rege etc. dicunt quod A.T. etc. H.S. etc. & W.K. etc. aggregat. etc. die etc. anno etc. vi & armis, viz. gladijs, etc. apud C. in Com. S. praed. riotosè etc. in R.L. vicarium Ecclesiae parochialis in C. praedicta in pace Dei & dicti domini regis in Ecclesia praedicta tunc existen. insultum & affraiam fecerunt, & ipsum R.L. ab Ecclesia praedicta tunc violenter et manu forti extraxerunt et usque cippos in C. praed. duxerunt, et ipsum in cippis imprisonaverunt et malè tractaverunt, judgement, as in the first Pres. et alia enormia ei adtunc et ibidem intulerunt, contra formam statut. in hujusmodi casu edit. et provis. et contra pacem dicti dom. regis, coronam et dignitat. suas. 9 For a Riot and rescous of a woman arrested among diverse others by the Sheriff's officers upon a warrant from a justice of the peace in their general Sessions, to put in surety to appear before them at the next Sessions, and in the mean time to be of good behaviour, and for the hurting of one of the said officers with an Arrow. IVratores pro dom. Rege praesentant, quod cum H.C.R.H. et I.B. arm. ac socij sui Iust. dict. dom. reg. ad pacem in Com. E. conservand. necnon ad diversa fellow. transgr. & alia malefacta in eodem Com. perpetrat. audiend. & terminand. assign. in generali sessione pac. tenta apud T. in Com. E. praed. die Martis proxim. post festum S. Trin. Anno etc. mandaver. vic. ejusdem commit. E. necnon etc. & eorum cuilibet, quod non omitterent propter aliquam libertatem Comit. E. praed. quin eam ingrederentur seu unus eorum ingrederetur, & attachiarent seu unus eorum attachiaret corpora C.W. nuper de W. in Com. E. Labourer, & A.I. de W. praed. in Comit. E. praed. Servant, & eos coram justiciar. praedict. vel uno socior. justice. pacis in Com. E. praedicto venire compellerent, seu eorum unus venire compelleret ad inveniendum sufficientem manucaptionem quod ipsi personalitèr comparerent coram dictis justic. & socijs suis praed. ad proxim. Sessionem pacis in Com. E. praed. tenend. & quoth interim se bene gererent erga dictum dom. Regem & cunctum populum suum, secundum formam statuti in hujusmodi casu edit. & provis. Cumque praefat. G.L. & I.R. virtute mandati praed. arrestassent praed. Agn. I. & eam coram justic. praed. vel eorum uno ducere voluissent, (prout mandatum praed. justice. praedict. in se exigebat) quidam tamen A.B. de W. praedicta in Com. E. praed. gen. & R.W. de W. praedicta in Comitatu E. praed. yeoman, leges dict. dom. regis minimè verent. ex malitia sua praecogitata in contemptum dicti domini regis, legum suarum ac mandati justic. praed. 10. die Maij, anno etc. apud W. praedict. in Com. E. praed. riotosè & illicitè assemblati & congregati in praefat. G.L. & I.R. in pace Dei, & dicti domini Regis adtunc & ibidem existen. insultum & affraiam fecer. ac praefat. R.W. diverse. sagittas, Anglicè vocat. Arrows, versus praefat. G.L. & I.R. adtunc & ibidem sagittabat, ea intention, ut praefat. G.L. & I.R. vulneraret, ac praedict. Agnetem in custodia eorund. G. & I. rescusser. ac praef. R.W. cum una sagitta valour. unius denar. quam adtunc & ibidem ipse ejaculabat & mittebat versus praefat. I.R. è quodam arcu, Anglicè vocato a long Bow, valour. 2. s. quem in manu sua laeva adtunc & ibid. tenuit, percussit, ac crus dextrum ejusdem I.R. adtunc & ibidem perforabat & transforabat, dans eidem I.R. adtunc & ibidem in crure suo praed. unam plagam in profunditate trium pollicium; ac idem R.W. cum una alia sagitta valour. unius denar. quam adtunc & ibidem jaculabat & mittebat versus praed. G.L. è praedicto arcu, quem in manu sua sinistra idem R.W. adtunc & ibidem tenuit, praefat. G.L. percussit, dans eidem G. adtunc & ibidem in infima parte sinistri cruris ejusdem G. unam plagam in longitudine dimidij pollicis, ac in profunditate usque ad ossa praed. cruris ejusdem G. Ac praeterea praef. A. B. et R.W. Agnetem I adtunc & ibidem à cust. dict. G. L. & I. R. vi & armis rescusser. atgue eandem Agnetem I. adtunc & ibidem ad largum ire & evadere fecer. contra pacem etc. judgement, as in the first Pres. 10. An Indict. of Riot for an Affray made by diverse at the general Sessions of the Peace. IUratores pro domina Regina etc. praesentant, quod vicesimo nono die Decembris, Anno Regni dicta● dominae nostrae Elizabethae, dei gratia, Angliae, Franciae, & Hiberniae Reg. fidei defensor. etc. tricesimo quinto, apud M. in Com. G. tempore generalis Sessionis pacis in praedicto Comit. tunc ibidem tentae (H.C. milite & socijs suis justiciar. dict. dominae Reginae ad pacem in dicto Comitat. G. conservandam assignat. tunc ibidem existentibus, & in plena Curia sedentibus) quidam A.B.C.D.E.F.G.H. & I.K. de S. in Com. G. praed. generosi, aggregatis sibi nonnullis alijs pacis dictae dominae Reg. perturbatoribus ignotis ad numerum 30. hominum, vi & armis, viz. gladijs & pugionibus armat. illicitè, routosè, & riotosè sese assemblaverunt, ac inter se insultum & affraiam maximam tunc & ibidem secerunt, sese invicem verberantes & vulnerantes, in magnum terrorem tam dictorum Iusticiariorum tunc ibidem in Curia sedentium, judgement, ut supra, in the first Pres. quam totius populi dictae dominae Reginae ad dictam Sessionem pacis tunc & ibidem convenientis, ac contra pacem, coronam & dignitatem dict. Dominae Reginae nostrae. Or thus. 11. IUratores pro domina Reg. etc. praesentant, quod I.B. de R. in Com. E. praed. yeoman, I.G. de eisdem yeoman, W.B. de P. in Com. E. praed. yeoman, & T.K. de eisdem yeoman, undecimo die januarij, Anno Regni Reginae El. etc. tertio, apud W. in Com. E. praed. tempore general. Session. pacis adtunc & ibidem tentae (justice. dictae dom. reg. ad pacem in Com. praed. conservand. assign. ibidem existent.) vi & armis, viz. etc. illicitè & riotosè seize assemblaver. & per instigationem & procurationem praed. I.B. & W.B. insultum & magnam affraiam adtunc & ibidem fecer. & commiser. in magnum timorem, tremorem & perturbationem tam praedict. justiciar. dictae dominae Reginae adtunc & ibidem existent. quam totius populi & ligeor. subdit. dictae dom. Reg. in Com. S. praed. adtunc & ibidem confluen. contra formam & ordin. justice. praed. adtunc & ibidem de pace gerenda fact. & in manifest. contemptum dictae dom. Reg. ac in justitiae ibidem exequendae & administrandae retardation. manifest. ac contra pacem dictae dom. Reg. etc. judgement, ut supra, in the first Pres. 12. Of forceible Entry upon the statute of An. 5. R. 2. for pulling up by the roots of 100 perches of quickset. IUratores pro dom. Rege etc. quod cum in statuto in Parliamento domini Ric. nuper Regis Angliae secundi post conquestum, apud Westm. Anno Regni sui 5. tent. edit. inter caetera ordinatum sit, quod nullus faceret ingressum in aliquam terram five tenementa, nisi in casu ubi ingressus datur per legem, & in illo casu non manu forti nec cum multitudine gentium, sed licito & quieto modo tantum, & si quis contrarium fecerit & inde debitè convict. fuerit per imprisonament. corpor. sui puniatur & finem ad voluntatem domini Regis fac. (prout in eodem statuto inter alia plenius continetur) Quidam tamen T.H. de I. in Com. E. praed. yeoman, etc. & alij malefactores ignoti etc. statut. praed. minimè ponderant. secundo die M. etc. vi & armis, viz. baculis, gladijs, falcastris, & bifurcis in unum clausum I.C. militis jacent. apud Arrow in Comitatu E. praed. in quodam loco ibid. vocat. A. super possessionem ejusdem I. C. militis, ubi ingressus eis aut eorum alicui non datur per legem illicitè & manu forti ingressum fecerunt, & centum perticas sepium vivar. ipsius I.C. milit. adtunc & ibidem crescent. eradicaver. evulserunt, judgement, Fine, Ransom and imprisonment. & spoliaver. in dicti dom. Reg. nunc. contemptum, & ad grave damnum ipsius I.C. militis, & contra formam statuti praed. etc. 13. For Forceible Entry upon the statute of An. 5. R. 2. for entering into a mesuage, and expulsing of the owner thereof. INquiratur pro Dom. Rege, quod cum in statuto in Parliamento dom. Rich. nuper Regis Angliae post conquestum 2. apud Westm. Anno Regni sui 5. tento, ordinat. & stabilit. existit, quod nulla persona extunc faceret aliquem ingressum in aliquas terras vel tenementa, nisi in casu ubi ingr. ei datur per legem, & in hujusmodi casu non manu forti, nec cum multitudine gentium, sed quieto & pacifico modo tantum, Et si aliqua persona extunc de caetero in contrarium faceret, & inde debito modo convinceretur, puniretur per imprisonament. corporis sui, & ulterius finem & redemptionem eid. domino Regi, ad voluntatem & placitum ipsius domini Regis, faceret, (prout in eodem statuto inter alia plenius continetur) Sed quidam W. nuper de K. in Com. E. praedict. husbandman, & I.W. senior de E. in Com. E. praed. Labourer, statut. praed. minimè ponder. (nec poenam in eodem statuto contentam aliqualiter verent.) sed illud potius contemnentes 24. die januar. etc. apud S. in Com. E. praed. in unum mesuagium sive tenement. existens liber. tenement. cujusdam I.H. illicitè & manu forti ingres. fecer. ubi nec ipsis nec eorum alicui hujusmodi ingres. datur per legem, ac ipsum I. H. inde injustè expuler. ipsumque I. sic indè expulsum, à praed. 24. die januar. ann. praed. usque ad 26. diem ejusdem mensis tunc prox. sequent. illicitè & manu forti extratenuer. in contemptum dicti Dom. reg. nunc, judgement, ut supra. & ad grave damnum ipsius I. & contra formam statuti praed. ac contra pac. dicti domini etc. 14. An Indict. upon the statute of Anno 8. H. 6. for entering with force into a Barn in the possession of the Farmer thereof, and for keeping of the same with force. IVratores pro Dom. rege etc. quod cum in statuto in Parliamento domini H. nuper Regis Angliae sexti, apud Westm. in Comit. Midd. Anno regni sui 8. tento, edito, inter caetera continetur quod si aliqua persona (sive aliquae personae) de aliquibus terris seu tenementis manu forti expulsa seu disseisita sit, vel pacificè expellatur, & postea manu forti extrateneatur, vel aliquod feoffamentum vel discontinuatio indè post talem ingressum ad jus possessoris defraudand. & tollend. aliquo modo fiat, habeat in hac parte pars gravata versus talem disseisitor. Assisam novae disseisin vel breve de transgr. Et si pars gravata per Assisam vel per Actionem transgr. recuperet, & per veredictum, vel aliquo alio modo per debit. legis form. inveniatur quod pars defend. in ter●. & tenementa illa vi ingressa fuit, vel ea per vim post ingress. suum tenuit, recuperet quer. damna sua ad triplum versus talem defend. et ulterius idem defend. finem & redemptionem dicto domino Regi faceret, (prout in statuto praed. plenius continetur,) Quidam tamen W.W. nuper de W. in praed. Con. E. Husbandman, & C.D. de W. praed. in praed. Com. E. Labourer, statut. praed. minimè ponderant. nec poenam in eodem statuto content. aliqualiter verentes, 19 die Febr. anno etc. in unum horreum apud W. praed. adtunc existens liber. tenem. R.W. gener. vi & armis, viz. gladijs etc. manu forti & illicitè super possessionem cujusdam A.M. tunc firmarij praed. W. horr. praed. intraverunt & ingressum fecerunt, & ipsum A. vi & armis praed. manu forti & illicitè tunc inde expuler. & ejecerunt, & praef. R.W. inde injustè disseisiverunt; Et praef. R.W. sic inde disseisitum à praed. 19 die Febr. anno 15. suprad. usque diem captionis hujus Inquisitionis de praed. horreo, vi & armis praed. & manu forti extratenuerunt, & adhuc extratenent; in contempt. dicti Dom. reg. nunc, & ad grave damnum ipsius R. & contra pacem dict. dom. Regis, judgement, Restitution of possession, Fine, Ransom and imprisonment. ac contra formam statut. praedict. ubi nullus eorum, nec ipsi nec aliquis alius cujus statum ipsi, aut aliquis eorum habuit aut habuer. infra tres annos proximos ante ingressum suum praed. aliquod in dicto horr. etc. aut in aliqua inde parcella habuit etc. 15. An Indictment upon the statute of Anno 8. H. 6. wherein is found that one was with force and Arms expulsed out of the possession of a Manor and land. IUr. pro Dom. regina dicunt super eorum sacrament. quod cum in statuto in parliamento domini H. 6. nuper Regis Angliae, apud W. Anno Regni sui octavo tent. edit. inter caetera contineatur, quod si aliqua persona de aliquibus terris vel tenementis manu forti expulsa sit vel disseisita, vel pacificè expellatur, & postea manu forti extrateneatur, vel aliquod feoffamentum vel discontinuatio inde post talem ingressum ad jus possessoris defraudand. seu tollend. aliquo modo fiat, habeat pars in hac parte gravata versus talem disseisitorem Ass. novae disseisinae vel Breve de transgr. Et si pars gravata per Ass. vel per Actionem transgr. recuperet, & per veredictum, vel alio modo per debitam legis formam inveniatur, quod pars def. in terras & tenementa illa vi ingressum fecit, vel ea post ingressum suum per vim tenuerit, recuperet querens damna sua ad triplum versus defend. & ulterius finem & redemptionem domino Regi faciat, (prout in statuto praed. plenius continetur) Quidam tamen I.S. nuper de A. in Com. S. praed. yeoman, & alij ad numerum 6. personar. jur. ignot. statutum praedict. minimè verent. 9 die Aug. Anno Regni dom. nostrae Eliz. nunc Reg. Angliae, 24. R.W. Armig. de Manerio de G. cum pertin. in A. in Com. praed. & de ducent. acr. terrae, 20. acr. prati & centum acr. pasturae, cum pertinentijs in A. praed. in Com. praed. vi & armis & manu forti viz. gladijs, baculis, & cultellis expulerunt & disseisiverunt, & ipsum sic expulsum & diss. à praed. nono die A. anno suprad. usque ad hunc diem manu forti & vi & armis, praed. R.W. extratenuerunt, contra pacem dictae dom. reg. nunc, judgement, 〈◊〉 supra. & contra formam statuti praed. in hoc casu edit. & provis. 16. An Indict. of forceible Entry into a mesuage with the appertinances upon the statute of 8. H. 6. against diverse persons, wherein the statute is not recited. INquir. etc. si A.B. & C.D. nuper de etc. assumptis & associate. eyes alijs malefactoribus & pacis dom. reg. perturbator. modo guerrino arraiat. ad numerum 12. personarum quorum nomin' jurat. praed. ignor. decimo die etc. apud D. etc. vi & armis, viz. baculis, gladijs, cultellis, falcastris, lapid. & alijs armis defensivis & invasivis, in unum mesuag. cum pertinen. super pacificam possessionem T.P. intraverunt, & dict. P. a possessione sua praed. expulerunt & disseisiverunt, & eundem T. sic expulsum & disseisitum à praed. mesuag. cum pertinen. vi & armis praed. ac manu forti extratenuer. & adhuc extratenent, judgement, u● supra. contra pac. dicti Dom. reg. ac contra formam statuti in hujusmodi casu edit. & provis. 17. An Indict. upon the statute of 8. H. 6. for forceible Entry into one Rood of land, and assaulting and beating of I.F. and keeping the same with force. INquiratur pro dom. reg. Quod cum in statuto in parliamento Domini Henrici nuper Regis Angliae sexti post Conquestum, apud Westm. Anno regni sui octavo tento, edito, inter caetera continet. quod si aliqua persona de aliquibus terris sive tenement. manu forti expulsa sit vel disseisita, vel pacificè expellatur, & postea manu forti extrateneat. vel aliquod feoffamentum vel discontinuatio inde post talem ingressum suum ad jus possesoris defraudand. vel tollend. aliquo modo fiat, habeat pars in hac parte gravata versus talem disseisitorem Assisam novae disseisinae vel breve de transgr. Et si pars gravata per Assisam vel per Actionem transgressionis recuperet & per veredict. vel alio quocunque modo per debit. legis formam inveniatur quòd pars defendens vi ingressus fuerit, vel dicta tenementa per vim post ingressum suum tenuerit, recuperaret querens damna sua ad triplum versus defendant. & ulterius finem & redemptionem dom. Regi fac. (prout in eod. statuto plenius continetur) Quidam tamen I.W. de W. in Com. praed. yeoman, E.H.I.L. & alij, statut. praedict. minimè ponderan. 7ᵒ. die Martij, Anno etc. vi & armis, viz. baculis, gladijs, & fustibus seipsos assemblaverunt, congregaverunt, & coaduniver. & sic assemblati, congregati, & coaduniti existen. modo guerrino arraiati, riotosè & illicitè in unam rodam terrae liberi tenementi cujusdam G.B. gener. apud W. in quodam loco vocat. Catmore Dale, in Comitatu praed. ingressi fuerunt: & in quosdam I.F. & I.W. adtunc & ibidem insultum & affraiam fecer. & ipsos verberaver. & maletractaver. & ipsum G.B. de eadem roda terrae manu forti expulerunt & disseisive runt, & ipsum G.B. sic expulsum & disseisitum inde manu forti extratenuerunt & adhuc extratenent, in dicti Dom. Reg. nunc contemptum, & ipsius G. grave damnum, judgement, ut supra. ac contra formam statuti praed. & contra pac. dict. Dom. etc. 18. An Indictment of Forceible Entry upon the statute of Anno 8. H. 6. INquir. pro Dom. Reg. Quod cum in statuto in Parliamento domini Henrici 6. nuper Regis Angliae apud W. Anno regni sui octavo tento, edir. inter caetera continetur, Quod si aliqua persona de aliquibus terris vel tenementis expulsa fit vel disseisita, vel pacificè expellat. & postea manu forti extrateneatur, vel aliquod feoffamentum vel discontinuatio indè post talem ingressum ad jus possessor. defraudand. & tollend. aliquo modo fiat, habeat pars in hac parte gravata (versus talem disseisitorem) Assisam novae disseisinae vel breve de transgressione, Et si pars gravata per assisam vel actionem transgressionis recuperet, & per veredictum vel alio modo per debitam legis formam inveniatur quod pars defendens in terris vel tenementis vi ingressa fuit, vel ea per vim post ingressum suum tenuit, recuperabit querens damna sua ad triplum versus defendentem, & ulterius finem & redemptionem ad Dom. Reg. faciet, (prout in statuto praed. plenius apparet) Quidam tamen I.D. de D. in Comitatu praedicto yeoman, & R. S. de eadem yeoman, statutum praedict. minimè verens. primo die Maij, Anno etc. apud D. praed. in Comitatu praedicto quendam W.S. de uno mesuagio cum pertinentijs in D. praedicta per mandatum W. Bush, manu forti expuserunt & disseisiverunt, ac ipsum sic expulsum & disseisit. à praedicto primo die Maij usque diem captionis hujus Inquisitionis extratenuerunt, judgement, ut supra. & adhuc extratenent, contra pacem dom. Reg. nunc, coron. & dignitat. suas, & contraform. stat. in hujusmodi casu edit. & provis. 19 An Indict. of forceible Entry upon the statute of Anno 5. R. 2. IUrat. etc. present. quòd cum in stat. in Parliam. dom. Regis Rich. nuper Regis Angliae secundi, apud Westm. Anno regni sui quinto tento, edito, inter alia ordinat. sic, Quod nullus faciat ingressum in aliquibus terris sive tenementis nisi in casu ubi ingressus ei datur per legem, & in illo casu non manu forti nec multitudine gentium, sed licito & quieto modo tantum, Et si quis in contrarium fecerit & inde debito modo convict. fuerit per imprisonament. corporis sui puniatur, & ad voluntatem Dom. Regis redimatur (prout in eodem statuto plenius continetur) Quidam tamen I.S. de etc. stat. praed. minime ponderans nec poenam in eod. content. die etc. anno etc. in quodam mesuag. cum pertinentijs & quatuor acr. terrae cujusdam I.B. apud H. praed. in Com. praed. (in quibus eid. johanni ingressus non datur per legem) ingressus fuit, judgement, Fine, Ransom and imprisonment. in dicti dom. Reg. contempt. ac contra formam statuti praedicti. 20. An Indict. of Forceible Entry for Lessee for years, that is put out, grounded upon the stat. of 10. Car. IUrator. etc. dicunt & praesentant, quod A.B. de C. in Com. praedict. gen. seisitus fuit in dominico suo ut de feodo de & in uno mesuagio etc. cum pertinentijs in Dale in Com. praedicto, & sic seisit. existens die etc. Anno etc. apud D. praed. dimisit & ad firmam tradidit praedict. mes. etc. cuidam C.D. pro termino 21. annorum extunc proximè sequentium plenariè complendorum, & quod virtute ejusdem dimissionis idem C.D. postea, scilicet, die etc. anno etc. in praedict. mesuag. etc. intravit & fuit inde possessionatus (reversione inde praedicto A. B. expectante) Et praedictus C.D. possessionem suam praedict. inde quietè et pacificè continuavit quousque E.F. de Dale praedicta yeoman, die etc. anno etc. in praedict. mesuag. etc. vi & armis intravit & ipsum C.D. a possessione sua inde manu forti & vi armata ejecit & expulsit, judgement, Restitution, Fine, Ransom● and imprisonment. & ipsum C.D. sic ejectum & expulsum ab eod. mesuag. etc. à praedicto die etc. anno etc. usque ad hunc diem, cum hujusmodi fortitudine & potentia armata, extratenuit, & adhuc extratenet, in magnam pacis domini Regis perturbationem, ac contra formam stat. in hujusmodi casu edit. & provis. 21. An Indict. of forceible Entry for Tenant by Elegit, upon the said statute of 10. Caroli. IUrator. etc. dicunt & praesentant, quod cum A. B. de C. in Com. praedicto yeoman, coram justiciarijs domini Regis nunc de Banco, in Termino sanctae Trinitatis, Anno Regni sui etc. per judicium ejusdem Curiae recuperaverit versus C. D. de Dale in Com. praedicto yeoman, quoddam debitum & damna attingen. ad viginti libras, Et praedictus A. B. in Com. praed. pro satisfactione ejusdem summae facienda, elegit omnia bona & catalla praedicti C.D. (praeter boves & affros de carruca sua) necnon medietatem omnium terrarum & tenementorum ejusd. C.D. juxta formam statut. inde edit. & provis. sibi liberari, cumque etiam T. K. Miles nuper vicecomes Comit. praedicti virtute brevis dicti Domini Regis de Elegit ex parte dicti A. B. eidem tunc vicecomiti Com. praedicti direct. geren. dat. die etc. anno etc. secundum exigentiam ejusdem Brevis, deliberabat praedicto A. B. unum mesuag. in D. praedicta annui valoris viginti solidor. existen. medietatem omnium terrarum & tenementorum de quibus praedict. C.D. tempore judicij praedicti redditi aut unquam postea fuit seisitus in Com. praed. tenend. sibi & assignat. suis ut liberum tenementum suum, juxta formam statuti in hujusmodi casu provis. donec idem A.B. praedictas viginti libras juxta valorem praedict. de mesuagio praedicto levaverit, virtute cujus praedict. A.B. in mesuagium praedict. cum pertinentijs intravit & fuit inde possessionatus, ut tenens per Elegit, & possessionem suam inde quietè & pacificè continuavit quousque R.G. de D. etc. & alij malefactores ignoti die etc. anno etc. vi & armis, viz. baculis etc. in mes. praedictum etc. intraver. & ipsum A.B. manu forti & vi armata à possessione sua praedicta indè ejecer. & expulerunt, & eundem A.B. sic expulsum & ejectum ab eodem mesuagio &c. à praedicto die etc. anno etc. usque hunc diem cum hujusmodi fortitudine & potentia armata extratenuerunt, judgement, ut supra. & adhuc extratenent, in magnam pacis dicti domini regis perturbationem, ac contra formam statut. in hujusmodi casu edit. & provis. The like Endictment may be made for Tenent by statute Merchant, or of the Staple or upon a Recog. mutatis mutandis. 22. An Indictment of forceible Entry for Guardian in Chivalry, that is put out by force, upon the statute of 10. Caroli. IUrator. etc. dicunt quod A.B. nuper de C. in Com. D. praedicto yeoman, seisitus fuit in dominico suo ut de feodo de & in uno mesuag. etc. in Dale, in Com. praedicto, & sic seisitus existens obijt inde seisit. post cujus mortem praedict. mesuagium etc. descendebat E.B. filio & haeredi suo, qui quidem E. B. tempore mortis patris sui praedicti fuit, & adhuc est, infra aetatem viginti & unius anno●um, & quod custodiam terrae & haeredis praedicti A. B. pertinet ad G. H. armiger. eo quod praedictus A.B. terram suam praedict. tenuit de praefato G. H. per servitium militare, virtute cujus, idem G.H. in mes. praedict. etc. intravit, & fuit inde possessionatus ut Guardianus per servitium militare, & possessionem suam praedict. inde diu pacificè & quietè continuavit, quosque I.K. de Dale praedicta yeoman, die etc. anno etc. in mesuag. praed. etc. vi & armis intravit, & ipsum G.H. à possessione sua inde manu forti & vi armata expulit & ejecit, & ipsum G.H. sic expulsum & ejectum ab eod. mes. etc. à praedicto die etc. usque ad hunc diem, judgement, ●t supra. cum hujusmodi fortitudine & potentia armata, extratenuit, & adhuc extratenet, in magnam pacis dicti domini Regis perturbationem, ac contra formam statut. in hujusmodi casu edit. & provis. 23. An Indict. of forceible Entry for Tenant by Copy of Court Roll, upon the statute of 10. Caroli. IUr. etc. dicunt & praesentant, quod A.B. de C. in Com. praed. yeoman, seisitus & possessionatus fuit in dominico suo ut de feodo ad volunt. domini secundum consuetudinem Manerij de Dale in Com. praedicto de uno mesuag. etc. in Dale praed. ut tenens per Copiam Rotulorum Curiae ejusdem Manerij, & sic seisitus & possessionatus existens seisinam & possessionem suam praedict. diu pacificè & quietè continuavit, quosque E.F. de Dale praed. in Com. praedicto Labourer, die etc. anno etc. in mesuag. praedict. etc. vi & armis &c. intravit, & ipsum A. B. a possessione & seisina sua praedicta inde manu forti & vi armata expulit & amovit, & ipsum sic expulsum & amot. ab eod. mesuag. etc. à praedicto die etc. anno etc. usque ad hunc diem cum hujusmodi fortitudine & potentia armata extratenuit, & adhuc extratenet, in magn. pacis dicti domini Regis perturbationem, judgement, ut supra. ac contra formam statut. in hujusmodi casu edit. & provis. 24. An Indictment for breaking of a Pound where cattles are impounded for damage pheasant. Lib. Into. fol. 408. 2. IVratores pro Dom. rege etc. praesentant, quod cum H. de E. in damno suo, viz. in mille acris pasturae apud C. in Com. D. praed. per W.G. servientem suum quaedam averia, viz. ducent. oves cepisset, & idem W. averia illa secundam legem & consuetudinem regni regis Hiberniae apud B. in Com. praedicto imparcasset, quidam I.S. de D. in Com. praedicto yeoman, die etc. anno etc. parcum illum, vi & armis, viz. gladijs, baculis, etc. fregit, judgement, Fine and Imprisonment & averia praedicta adtunc & ibidem extra parcum praed. cepit & abduxit, contra pacem Domini Regis nunc, coronam & dignitatem suas. 25. Another Indict. for breaking of a Pound where cattles are impounded for fealty, rent, and suit of Court. Lib. Intr. fol. 448. 3. IUrator. pro Dom. Rege etc. praesentant quod cum C.D. de E. in Comitatu F. yeoman, die etc. anno etc. in feodo suo apud S. in Comitatu praedicto, viz. in uno mesuagio & una virgata terrae ibidem, quae A.B. de C. in Com. praedicto yeoman, de ipso tenet per fidelitatem & redditum octo solidor. singulis annis ad Festa Pasc. et Sancti Mich. Archangeli aequis portionibus solvend. et per servitium faciendi sectam ad Curiam ipsius C. manerij sui de M. in Com. praedicto de tribus septimanis in tres septimanas, de quibus servitijs idem C. fuit seisitus per manus praedicti A. ut per manus veri tenentis sui, pro consu●tudinibus et servitijs viz. pro octo solid. eidem C. de reddit. praedicto pro uno anno proxim. ante etc. debit. per T.W. servientem suum quaedam averia viz. octo boves capi fecisset, & idem T. averia illa secundum legem & consuetudinem regni Regis Hiberniae tunc & ibidem imparcasset, praedictus A. parcum illud (eisdem die, anno, & loco) vi & armis, judgement, u● supra. viz. gladijs etc. fregit, & tunc & ibidem averia illa extra parcum praed. cepit & abduxit, contra pacem Domini Regis, coronam & dignitatem suas. 26. Another Indict. for breaking a Pound where cattles were impounded being distrained for rend reserved upon a Lease. Lib. Intr. fol. 404. 4, IUrat. pro domino Rege etc. praesentant, quod cum A.B. miles, primo die Maij anno regni domini Regis nunc decimo, apud S. in Com. D. dimisisset cuidam R.E. unum mesuagium et 20. acras terrae cum pertinentijs in S. praedicta, habendum sibi à Festo Sancti Michaelis Archangeli tunc proxim. sequent. per unum annum integrum tunc proximè sequentem, & sic de anno in annum quamdiu eidem A.B. placeret, reddendo inde eidem A.B. & haeredibus suis quolibet anno (quo idem R. E. tenementa praed. cum pertinentijs virtute dimissionis illius haberet et occuparet) quatuordecim solidos & quatuor denar. ad Fest. Annunciationis beatae Mariae virgins & sancti Michaelis Archangeli aequis portionibus solvend. virtute cujus dimissionis idem R.E. tenementa praedicta cum pertinentijs à dicto Festo Sancti Michaelis Archangeli proxim. post dimissionem praedict. hucusque habuisset et occupasset, ac idem R.E. de tenementis praedictis virtute dimissionis praedictae possessionatus fuisset, idem A.B. in feodo suo viz. in praedict. 20. acris terrae parcel. tenementorum praedictorum apud S. praedict. pro 14. s. & 4. d. de redditu praedict. aretro existent. pro termino Annunciationis beatae Mariae virgins, Anno Regni Domini Regis nunc 13ᵒ. & pro termino Sancti Michaelis Archangeli tunc proximè sequent. sibi debitis, per R.K. servientem suum quaedam averia, viz. 2. equos, 2. boves, 9 vaccas, 3. boviculos, & quinque vitulos, 17ᵒ. die Septembris, Anno regni Domini Regis nunc 13. capi fecisset, & idem R.K. averia illa secundum legem & consuetudinem regni Domini Regis Hiberniae tunc & ibidem imparcasset, Quidam I.T. de H. in Com. praed. yeoman, parcum illud eodem 17. die Septembr. Anno 13. supradicto apud S. praed. judgement, ut supra. vi & armis, viz. gladijs etc. fregit, & averia praed. extra parcum praedictum cepit & abduxit, contra pacem Domini Regis, coronam & dignitatem suas. 27. Another Indict. for breaking a Pound and taking out cattles impounded for amerciaments in a Court. Lib. Intr. fol. 409. 5. IVratores pro Domino Rege etc. praesentant, quòd cum Richardus Southwell fuit seisitus de manerio de Weston. in Comitatu B. cum pertinentijs in dominico suo ut de feodo infra quod quidem manerium idem Richardus & omnes illi quorum statum ipse tunc habuit in eodem manerio quandam Curiam Baronis vocar. Curiam forinsecam infra idem manerium coram sectatoribus ejusdem Curiae tenend. de tribus septimanis in tres septimanas habuerunt & a tempore cujus contrarij memoria hominum non existit habere consueverunt, in qua quidem Curia omnia placita in Curia Baron. placitabilia ac alia placita secundum consuetudinem manerij illius ab eodem tempore placitata fuerunt, & quoth in dicto manerio à toto tempore praedicto habebatur talis consuetudo, viz. quod quoties & quandocunque aliqua querela debiti, transgressionis, seu alicujus alterius contractus in Curia manerij illius coram sectatoribus ejusdem Curiae pro tempore existen. versus aliquam personam levata sive affirmata fuerit secundum consuetudinem manerij illius, si pars in hujusmodi querela defendens in eadem Curia non venerit querenti in eisdem querelis responsurus, & per ballivum manerij praedicti & ministrum Curiae praedictae pro tempore existente in eodem Curia testificat. fuerit quod hujusmodi defendens summonitus, attachiatus, sive praemonitus fuit, quod tunc defendens ille ad Curiam illam ad quam defaltam fecerit per discretionem sectatorum Curiae manerij illius pro tempore existente amerciatus foret ad certam pecuniae summam, & illam per ejus defectum amitteret, & si dictus defendens ad proximam Curiam in dicto Manerio tunc tenendam non venerit praefato querenti responsur. sed iterum fecerit defaltam, quod tunc defendens ille ad dictam Curiam (ad quam secundò fecit defaltam) per discretionem sectatorum Curiae manerij illius pro tempore existente iterum amerciatus foret ad certam majorem pecuniae su●mam, & sic de Curia in Curiam idem defendens amerciatus foret ad majorem pecuniae summam per discretionem sectatorum ejusdem Curiae quousque idem defendens comparuerit in dicta Curia praefato querenti in dicta querela responsurus; & quoth praed. Richardus & omnes illi quorum statum dictus Richardus in eodem manerio tunc habuit a toto eodem tempore usi fuerunt ad distringendum per ballivos suos ejusdem manerij pro tempore existen. infra idem manerium, membra, & praecinct. ejusdem, quoscunque qui ad aliqua hujusmodi amerciamenta in Curia praed. amerciati forent per bona & catalla sua quousque amerciamenta illa sibi soluta fuerint, & quòd dictus Richardus Southwell sic de manerio praedicto in forma praed. seisit. manerium praed. cum pertinentiis dimisit Elizabetha Ducissae Norfolciae, habendum sibi ad terminum vitae suae, virtute cujus dimissionis eadem ducissa fuit & adhuc existit inde seisita in dominico suo ut de libero tenemento, & ipsâ sic inde seisitâ existen. quidam Henricus Low ad Curiam ipsius Ducissae manerij illius tentam apud idem manerium in dicto Com. H. die Martis proximo post Festum Sancti Michaelis Archangeli anno regni Don. Regis nunc nono, coram R. F. R.W. I.B. & W.I. adtunc sectator. ejusdem Curiae manerij illius, affirmavit quandam querelam debiti super demand. 30. s. versus Willielmum Westerdale nuper de E. in Com. praedicto Clericum, & invenit plegios de prosequendo querelam illam, viz. L.H. & H.F. & petijt processum inde fieri versus praedictum Willielmum Westerdale secundum consuetudinem manerij praed. & ei concessum fuit; per quod ad petitionem praedicti Henrici praeceptum fuit T. R. adtunc Ballivo ipsius Ducissae manerij sui praedicti & ministro Curiae illius, quod summon. per bonos summonitores praedictum Willielmum Westerdale quod esset ad proximam Curiam ipsius Ducissae manerij sui praed. apud manerium illud in praedicto Com. H. coram sectatoribus Curiae illius, scil. die Martis in Festo Sancti Martini Episcopi tunc proximè sequen. ad respondendum praefato Henrico Low de praed. placito, & idem dies datus fuit praefato Henrico tunc ibidem etc. Ad quem diem, viz. ad Curiam praedictam coram praefatis R.F.R.W. I.B. & W.I. adtunc sectatoribus Curiae illius apud manerium praedictum, eodem die Martis in Festo Sancti Martini Episcopi in dicto Com. H. tentam, venit praedictus Henricus Low in propria persona sua, & obtulit se versus praedictum Willielmum de praedicto placito, & ipse idem Willielmus solemniter exactus tunc ibidem non venit, & praefatus Ballivus & minister Curiae illius testabatur quòd praed. Willielmus summonitus fuit etc. per quod adtunc & ibidem per eosdem sectatores Curiae illius secundum consuetudinem dicti manerij consideratum fuit, quòd praed. Willielmus amerciatus foret ad sex denarios, & quòd praed. Willielmus attachiaretur, quòd esset ad proximam Curiam ipsius Ducissae manerij sui praedicti apud manerium illud coram sectatoribus Curiae illius, scil. die Martis proximo post Festum Sancti Andreae Apostoli tunc proximè sequens in dicto Com. H. tenend. ad respondend. praefato Henrico de praedicto placito. Per quod adtunc ibidem praeceptum fuit praefato tunc Ballivo & ministro &c. quòd attachiaret praedictum Willielmum quòd esset ad eandem Curiam ad respondend. in forma praed. idem dies datus fuit eidem Henrico tunc ibidem etc. ad quem diem scil. ad praedictam Curiam manerij illius apud manerium illud eodem die Martis proximo post Festum Sancti Andreae Apostoli (coram praedictis R. F. R.W. I.B. & W.I. adtunc sectatoribus Curiae illius) in dicto Comitatu H. tentam venit praedictus Henricus Low in propria persona sua & obtulit se versus praedictum Willielmum de praedicto placito, & ipse idem Willielmus solemniter exactus non venit, & praefatus Ballivus & minister etc. tunc ibidem testabatur quod attachiatus est per plegios H.U. & A.H. per quod adtunc & ibidem per eosdem sectatores Curiae illius secundum consuetudinem manerij illius consideratum fuit, quòd idem W. amerciatus foret ad 8. d. & quòd cum eadem Ducissa 20. die Febr. Anno regni Domini Regis nunc etc. per praefat. T. R. adtunc Ballivum suum manerij sui praedicti quaedam averia, viz. duas vaccas praefati Willielmi Westerdale in feodo ipsius Ducissae, viz. apud M. in praedicto Com. B. ac infra praecinctum Manerij praedicti, pro quibusdam amerciamentis, viz. quatuordecim denarijs (ad quos praedictus Willielmus Westerdale in Curia ipsius Ducissae manerij sui de Weston praedict. apud manerium illud in forma praedicta tenta incidit ut amerciatus fuit) cepisset & ibidem imparcasset, praed. tamen Will. Westerdale, T. M. de D. in Com. H. praed. yeoman, et T. G. de F. in eodem Com. H. yeoman, parcum illud eodem die etc. anno etc. vi & armis, viz. gladijs etc. fregerunt, judgement, ut supra. & averia praedicta extra parcum praed. ceperunt & abduxer. contra pacem Domini Regis, coronam & dignitat. suas. 28. An Indictment of Rescous of a distress taken for a Rend charge by Grant. IUr. etc. quòd cum quidam I.S. fuit seisitus in dominico suo ut de feodo de uno mes. & 20. acr. ter. in F. in Com. D. praed. & sic inde seisit. per factum suum concessit cuidam R.S. haeredibus & assignatis suis unum annualem redditum 20. solidorum percipiend. annuatim de dict. mesuag. & terra ad festa Sancti Michael. Arch. & Paschae per aequales portiones, concessit etiam eidem I.S. per praed. factum quòd si redditus praed. ad aliquod festum festor. praedictorum aretro fore contigeret, quòd tunc bene liceret praefato R.S. haered. & assignat. suis in mesuagio & terris praed. distringere, et districtiones sic captas retinere quousque de omnibus arreragijs simul cum damnis & expensis causa d●tentionis habitis plenariè fuerit satisfactum, & pro majori securitate eid. R. S. inde faciend. deliberavit eidem R. S. nomine seisinae praedicti annui redditus quatuor denarios, virtute cujus idem R.S. fuit de annuali redditu praed. seisitus in dominico suo ut de feodo, & sic inde seisit. die etc. anno etc. apud F. praed. obijt, post cujus mortem praed. annual. redditus descendebat A. uxori cujusdam I.A. ut filiae & haeredi praedicti R. & post sponsalia inter praedict. I. A. & praed. A. celebrat. praed. reddit. pro uno anno ultimò praeterito aretro existen. praed. I.A. in jure praedictae A. uxor. ejus, apud F. praed. viz. in praed. mes. & ter. pro redditu praed. quaedam catalla viz. unum cacabum ad valent. etc. die etc. anno etc. cepisset, ac idem I.A. catalla praed. nomine districtionis ibidem secundum legem & consuetudinem regni Hiberniae detinere voluisset, judgement, Fine and Imprisonment. Quidam tamen G. et N. de etc. in Com. etc. catalla illa vi et armis viz. gladijs, baculis etc. ab eodem I. adtunc et ibidem abstulerunt et rescusserunt, et alia enormia etc. contra pac. etc. 29. An Indict. of Rescous for rescuing a distress taken for a Rend charge by prescription. IUr. etc. quòd cum T.K. seisitus sit, & à diù fuerit, de tribus mes. & 40. acr. ter. cum pertinentijs in C. in dominico suo ut de feodo, ac quidam T.W. seisitus exist. & diù fuerit de manerio de R. cum pertinentijs in Com. praed. & de quodam annuali redditu 6. denar. vocat. King's Silver, & unius modij frumenti vocat. King's Corn, in eadem villa de C. praed. ut parcel. ejusdem manerij exeunt. de mesuag. & terris supradict. singulis annis ad festum S. Mich. solvend. in Dominico suo ut de feodo; Idemque T.W. & antecessores sui & omnes illi quorum statum ipse habet in manerio praed. cum pertinentijs seisiti fuissent de praed. redditu 6. denarior. & unius modij frumenti de tenementis praedictis cum pertinentijs singulis annis ad praed. festum S. Michael. solvend. per manus praedicti T.K. modo tenentis praedict. mesuagij & terrae & tenentium praed. mes. & ter. pro tempore existen. a tempore quo non extat memoria, & per totum idem tempus usi fuissent ad distringend. in eisd. mes. & ter. pro redditu praed. aretro existen. quoties eis aretro fore contigeret non solut. Ac idem T. W. die etc. anno etc. in praed. tribus mes. & 40. acris ter. praedicti T.K. apud C. praed. pro annuo Redditu praed. districtioni ipsius T. W. in forma praed. obligat. aretro existen. viz. pro 4. solidis & 8. modijs frumenti de Redditu illo eidem T. W. per octo annos tunc prox. praeterit. aretro existen. non solut. per T. P. servientem suum quaed. averia, viz. duos equos capi fecisset, & idem T. P. averia illa secundum legem & consuetudinem regni Hiberniae ibidem imparcare voluisset, Quidam tamen I.W. de C. in Com. praed. yeoman, die etc. anno etc. vi & armis, judgement, ut supra. viz. gladijs, baculis, etc. averia illa ab eodem T.P. rescussit & abduxit, & alia enormia etc. contra pac. etc. 30. An Indictment of Rescous for rescuing a distress taken by a Collector of the Subsidy. Lib. Intr. fol. 527. IUr. etc. quòd cum A. B. unus collector. dom. reg. unius integri subsidij eidem dom. Regi à laicis in ultimo Parliamento suo in Com. D. praed. concessi, per C.D. servient. suum quaedam averia, viz. duas vaccas de bonis et catallis cujusdam E.F. de G. in Com. praed. yeoman, pro summa 20. solid. super eund. E.F. secundum formam statut. in hujusmodi casu provis. ratione subsidij praed. modo legitimo assess. apud S. in Com. praed. capi fecisset, & idem B. averia praedicta ibidem secundum legem Regni Hiberniae imparcare voluisset, praedictus tamen C. die etc. anno etc. apud S. praed. vi & armis &c. averia praed. ab eod. B. rescussit & abduxit, judgement, ut supra. & alia enormia etc. contra pac. etc. 31. An Indictment for rescuing a distress taken for Rent reserved upon a Lease. IUr. etc. quòd cum quidam E. die etc. anno etc. in feodo suo viz. in uno mes. cum pertinentijs apud R. in Com. D. praedict. quod quidam I.N. de D. in Com. praed. yeoman, Lib. Intr. fol. 527. 1. adtunc tenuit de praedict. E. ad terminum novem annorum pro 40. s. eid. E. & assign. suis singulis annis ad festa Paschae et S. Mich. Arch. aequis portionibus solvend. et pro 20. s. ad festum etc. per T. W. servient. suum quaedam averia et catalla viz. unum equum et unam vaccam capi fecisset, & idem T. averia illa ibidem imparcare ac nomine districtionis secundum legem et consuetudinem regni Hiberniae ibidem detinere voluisset, praedictus I. averia illa dictis die et anno, vi et armis etc. ibidem rescussit, judgement, ut supra. & catalla praedicta à praed. T. adtunc & ibidem abstulit & rescussit, et alia enormia etc. contra pac. etc. 32. An Indictment for rescuing a distress taken for Rend Service. Lib. Intr. fol. 529. IUr. etc. quòd cum A. B. die etc. anno etc. in feodo suo apud C. in Con. D. praed. viz. in uno mes. cum pertinentijs in ead. villa quod quidam R. T. de D. in Com. praedict. yeoman, tunc tenuit de ipso A.B. per fidelitatem et redditum 8. solidor. ad Festa etc. per aequales portiones solvend. & per servitium faciendi sectam ad Curiam ipsius A. manerij sui de C. praed. de tribus septimanis in tres septimanas tenend. de quibus servitijs praedictus A. fuit seisitus per manus praed. R.T. ut per manus veri tenentis sui & sic seisit. existens pro duobus solid. redditus praed. de termino natalis dom. anno supradicto, eidem A. aretro existen. per N.H. servient. suum quaedam bona, viz. sex ollas aeneas apud C. praed. in mesuagio praed. capi fecisset, & idem N. ollas praed. nomine districtionis secund. legem & consuetud. regni Hiberniae dict. die etc. anno etc. ibidem detinere voluisset, judgement, ut supra. praedictus tamen R.T. ollas praed. ab eod. N. vi & armis &c. tunc & ibidem abstulit, & alia enormia etc. contra pac. etc. 33. Another Indict. for rescuing of a distress taken for rend service and fealty. Lib. Intr. fol. 329. 5. IVrat. etc. quòd cum N.M. de D. in Com. C. praed. yeoman, fuisset seisitus de ducentis acris terrae cum pertinentijs in E. in Com. praed. & illas tenuisset de I. A. patre cujusdam B. A. ut de manerio suo de E. in Com. praedict. per homagium & fidelitat. & per redditum 16. solid. & 4. d. singulis annis ad Festa, etc. aequis portionibus solvend. de quibus quidem servitijs idem I. A. pater praedicti B.A. fuit seisitus per manus praedicti N. ut per manus veri tenentis sui, & de eodem manerio feoffavit praedictum B.A. habend. & tenend. praed. manerium cum pertinen. eid. B. A. haeredibus & assignat. suis in perpetuum, virtute cujus feoffamenti idem B. A. de Manerio praed. cum pertinen. fuit seisitus in dominico suo, ut de feodo, & praed. N. M. tenens praedictar. ducentar. acrarum terrae praefato B. A. apud E. praed. pro Redditu & servitijs praed. attornasset, & cum idem B. A. die jovis prox. post Festum etc. anno etc. in feodo suo apud E. praed. viz. in praedict. ducent. acris ter. pro consuetudinibus & servitijs sibi debitis, viz. pro fidelitate praedicti N. eid. B. A. aretro existen. infect. & pro sex libris & sexdecim solidis eidem B. A. de dicto Redditu ad festa praed. per septem annos ante praed. diem jovis & post feoffament. praed. eid. B. aretro existen. per W. M. servient. suum in praed. ducentis acris terr. quaedam averia, viz. 8. equos, & catalla, viz. 2. carrucas cum toto apparatu, capi fecisset, & averia illa ibidem imparcare, ac catalla praed. nomine districtionis secundum legem & consuetudinem regni Hiberniae ibidem detinere voluisset, judgement, ut supra. praedictus tamen N. M. averia illa vi & armis &c. adtunc & ibidem rescussit, & catalla praed. ab eodem W. adtunc & ibidem abstulit, & alia enormia etc. contra pac. etc. 34. An Indict. for rescuing a distress taken by Tenant by the courtesy for Rend service and fealty. Lib. Intr. fol. 529. 6. IVr. etc. quod cum A. quondam uxor T. nuper fuisset seisita de manerio de L. cum pertinentijs in Com. praed. in dominico suo ut de feodo, & sic inde seisita cepit in virum praedictum T. per quod iidem T. & A. fuerunt inde seisiti in dominico suo ut de feodo in jure ipsius A. quòdque quidam I. E. de B. in Com. praed. yeoman, nuper fuisset seisitus de uno mesuagio, etc. cum pertinentijs in L. praed. in dominico suo ut de feodo, & tenement. ill. cum pertinentijs tenuit de ipsis T. & A. in jure ejusdem A. ut de manerio suo praedicto per homagium, fidelitat. & per Redditum 8. solid. ad festa etc. per aequales portiones solvend. & per servitium faciendi sect. ad Cur. ipsor. T. & A. manerij sui praed. de tribus septimanis in tres septimanas, de quibus quidem servitijs praedicti T. & A. fuerunt seisiti per manus praedicti I.E. ut per manus veri tenementis sui; qui quidem T. & A. habuerunt exitum inter eos quasdam A. & M. & postea eadem A. uxor praedicti T. die etc. anno etc. apud L. praed. obijt, & idem T. ipsam supervixit, & se tenuit in manner. praed. cum pertin. & inde fuit & adhuc existit seisitus in dominico suo ut de libero tenemento, ut tenens inde per legem Angliae & Hiberniae, posteaque praed. I. E. obijt de tenementis praed. cum pertinen. in forma praed. seisitus; post cujus mortem tenementa praed. cum pertinentijs descendebant cuidam E. ut filio & haeredi praedicti I. E. per quod idem E. in mesuag. praed. etc. cum pertin. intravit & inde fuit & adhuc existit seisitus in dominico suo ut de feodo, post quorum quidem A. & E. mort. scilicet die etc. anno etc. idem T. in feodo suo viz. in praed. mesuag. cum pertinen. pro consuetudinibus & servitijs sibi debitis viz. pro Redditu 32. solidor. pro tribus annis integris proxim. ante praed. diem etc. ac fidelitat. praedicti E. infect. eid. T. per I. B. servient. suum decem oves infra mesuagium praed. etc. invent. capi fecisset, & idem 1 B. oves illas secundum legem & consuetudinem Regni Hiberniae imparcare voluisset, Quidam tamen H.P. de D. in Com. praed. yeoman, judgement, ut supra. praedicto die etc. anno etc. eased. oves, vi & armis, scilicet gladijs etc. apud L. praed. rescussit & abduxit, & alia enormia etc. contra pacem etc. 35. An Indict. against two for assaulting of one, and for taking of four Cows from him that he had taken damage pheasant in his land, and was carrying then to the pound. INquir. pro Dom. Reg. si I.L. de B. in Com. S. yeoman, & I. L. nuper de ead. villa in Com. praed. yeoman, 15. die etc. apud B. praed. vi & armis in & super I.D. insult. fecer. & adtunc & ibid. 4. vaccas quas in & super ter. suam in B. praed. damnum facient. cepisset & secundum legem hujus regni Hiberniae ibidem imparcare voluisset, judgement, ut supra. ab eodem I. B. ceper. & abind contra ejus voluntat. abduxer. & rescusserunt, contra pac. Dom. Reg. etc. 36. An Indict. for a Rescous made against the Sheriff's Bailiffs of one by them arrested by force of the Kings writ, and for the taking away and detaining the said writ. INquir. pro Dom. Reg. si R.W. & D.P. de C. in Com. L. yeoman, die etc. anno etc. apud D. praed. in Com. praed. vi & armis &c. in & super B. C. & I. H. ballivos itinerant. T. vic. Com. F. insultum fecerunt, & quendam T.T. (quem praed. B. C. & I.H. virtute Brevis dicti dom. Regis praed. vic. directi cepissent & attachiassent) ab eisdem B.C. & I. H. & extra eorum custod. ceperunt & rescusserunt, & etiam Breve praed. ab eisdem ballivis itinerant. abstulerunt. & adhuc detinent, judgement, ut supra. in malum exemplum totius populi Dom. Reg. ibid. prope commorantis, ac contra pac. etc. 37. An Indictment of menace and affray to tenants at will, whereby they departed from their holdings. IUr. pro Dom. Rege etc. present. quòd I.C. de etc. die etc. anno etc. Lib. Intr. 〈◊〉 592. 7. vi & armis &c. tenentes cujusdam W. viz. I.D. & E.F. qui tunc tenuerunt de praefato W. unum mesuagium & sex acras terrae in villa de T. in Com. praed. ad voluntatem ipsius W. reddend. inde annuatim ad Festa Sancti Michaelis Archangeli & Annunciationis beatae Mariae virginis viginti solid. per aequales portiones & N.R. qui tunc tenuit de praefato W. unum mesuag. & 6. acras terr. in praed. villa de T. ad volunt. ipsius W. reddendo inde annuatim ad praed. Festa triginta solidos per aequales portiones, tales & tantas minas de vitis suis & mutilatione membrorum suor. apud T. praed. imposuit, & ipsos tantis injurijs & gravaminibus (viz. insultibus & affraijs) adtunc & ibidem affecit quòd ijdem tenentes à tenura ipsius W. totaliter ibidem recesser. sicque idem W. redditus & servitia tenentium suor. praedict. per magnum tempus, judgement, Fine and Imprisonment. viz. à praed. die etc. per dimidium unius anni tunc proximè sequentis totaliter amisit, & alia enormia etc. contra pac. etc. 38. Another Indict. for menacing the King's tenants, whereby they departed from their holdings. Lib. Intr, fol. 593. 9 IUr. etc. quòd H.W. de etc. die etc. anno etc. vi & armis &c. tenentes ipsius Domini Regis, viz. I. I. I.A. I.C. & I. B. qui quidem I.I. adtunc tenuit de eod. Dom. Rege unum mesuag. & 40. acras ter. cum pertinentijs in S. in Com. praed. ad volunt. ejusdem Dom. Regis per fidelitatem & redditum quadraginta solidor. singulis annis ad Festa Pasc. & S. Mich. Archangeli per aequales portiones solvend. & similiter praedictus I.A. adtunc tenuit de ipso Rege unum aliud mesuag. & 20. acras ter. in S. praed. ad volunt. ejusdem Dom. Regis per fidelitatem et redditum 20. s. singulis annis ad Festa Pasc. & S. Mich. Archang. per aequales portiones solvend. ac etiam praedict. I.C. adtunc similiter tenuit de eod. Dom. Rege unum aliud mesuag. & 20. acras terrae in S. praed. ad volunt. ejusdem Dom. Regis per fidelitat. & redditum 20. solidor. singulis annis ad Festa Pasc. et Sancti Mich. Arch. per aequales portiones solvend. et ulterius idem I. B. adtunc similiter tenuit de eod. Dom. Rege unum aliud mes. & 30. acras terr. in S. praed. ad volunt. ejusdem domini Regis per fidelitat. & redditum triginta solidor. singulis annis ad Festa Pasc. et S. Mich. Arch. per aequales portiones solvend. tales et tantas minas de vitis suis et mutilatione membrorum suorum apud S. praed. imposuit, et ipsos tantis injurijs et gravaminibus ibidem affecit, quòd ijdem tenentes ad mansiones suas accedere et negotia sua (viz. circa supervis. husbandr. ipsor. et reparation. domor. suar.) prosequi ob metum mortis et mutilation. hujusmodi per magnum tempus (viz. per duos annos integros tunc proximè sequentes) palam incedere non audebant. Sicque negotia praed. per idem tempus infecta remanser. ijdemque tenentes à tenura ipsius Domini Regis ibidem penitus recesserunt; judgement, ut supra. sicque idem Dominus Rex redditus et servitia tenentium suor. praed. per tempus praed. perdidit et amisit, et alia enormia, etc. contra pac. etc. 39 An Indictment of Trespass de muliere abducta cum bonis viri. IUr. pro Dom. Rege etc. dicunt & praesentant, Lib. Intr. fol. 593. 1. quòd I.P. de etc. die etc. anno etc. vi & armis &c. quandam M. uxorem cujusdam A. apud S. in Com. praed. rapuit & eam cum bonis & catallis ipsius A. viz. una toga etc. ad valentiam etc. cepit & abduxit, & ea ei adhuc injustè detinet, contra pacem dom. Regis nunc, judgement, ut supra. coron. & dign. suas, & contra formam statut. in hujusmodi casu edit. & provis. 40. An Indict. of Trespass for cutting and breaking down of pale. Lib. Intr. f. 594. 1. IUr. etc. quòd A.B. etc. die etc. anno etc. vi & armis &c. clausum cujusdam R.W. apud W. in Com. praed. fregit, & palum viz. quadraginta perticas pali in longitudine ibidem nuper erect. ad valentiam etc. prostravit & secuit, & herbam suam tunc ibidem crescent. cum averijs, viz. equis etc. depastus fuit, judgement, ut supra. & alia enormia etc. contra pacem etc. 41. An Indict. of Assault, battery, and menace to another man's servant. Lib. Intr. fo● 592. 4. IVr. pro Domino Rege etc. dicunt & praesentant quòd R.A. de B. in Com. C. yeoman, die etc. anno etc. vi et armis, viz. etc. in I. A. servientem cujusdam I. H. apud D. in Com. praed. insultum fecit, & ipsum verberavit, vulneravit, & maletractavit, & eidem I.A. tales & tantas minas de vita sua & mutilatione membrorum suorum apud D. praedict. imposuit, & ipsum tantis injurijs & gravaminibus (viz. insultibus & affraijs) adtunc & ibidem affecit, quòd idem I.A. circa negotia (viz. collectionem reddituum ac supervisionem husbandriae ipsius I.H. & reparationem domorum suarum) ob metum mortis & mutilationis hujusmodi per magnum tempus, viz. à praedicto die etc. usque in hunc diem intendere non audebat: judgement, ut supra. sicque negotia praed. per idem tempus infecta remanser. idemque I.H. servitium servientis sui praedicti per tempus praedict. amisit, & alia enormia etc. contra pac. etc. 42. An Indictment for breaking a Close, depasturing of grass, Lib Intr. fol▪ 592. 5. and menace of the Tenants. IVr. pro Dom. Rege etc. dicunt & praesentant, quòd A B. & C. D. de etc. die etc. anno etc. vi & armis &c. clausum cujusdam I. S. apud G. in Com. praedicto fregerunt, & herbam suam ad valentiam etc. depasti fuerunt cum quibusdam averijs, viz. equis, bobus, & bidentibus: et tenentibus suis, viz. B. et C. (quorum uterque tunc tenuit de ipso I.S. unum mesuagium cum pertinentijs in G. praed. per fidelitat. etc.) tales et tantas minas de vitis suis & mutilatione membrorum suorum apud G. praed. imposuerunt, & ipsos tantis injurijs & gravaminibus, viz. insultibus & affraijs, tunc & ibidem affecer. quòd ijdem tenentes à tenura praedicti mesuagij cum pertinentijs penitus recesserunt: sicque idem I.S. servitia sua per magnum tempus, judgement, ut supra. viz. à praed. die etc. usque etc. perdidit & amisit, & alia enormia etc. contra pacem etc. 43. An Indictment for lying in wait, and menace done to an Attorney. Lib. Intr. fol. 592. 3. IUr. pro Dom. Rege etc. present. quòd H.M. de B. in Com. C. armig. die etc. anno etc. vi et armis, viz. gladijs etc. aggregatis sibi quampluribus malefactoribus & pacis Domini Regis perturbatoribus ignotis ad numerum viginti personarum, ad quendam W.F. interficiendum, apud H. in Com. praed. & ab eod. die usque quintum diem julij extunc proximè sequen. per diversas vices insidiatus fuit, & eidem W. tales & tantas minas de vita sua & mutilatione membrorum suor. ibidem imposuit, & ipsum tantis injurijs & gravaminibus (viz. insult. & affraijs) ibidem affecit, ac ipsum cum verbis minatorijs ibidem adeo terruit, quòd idem W. circa negotia sua, viz. ad loquendum cum I.D. et alijs probis hominibus quorum Attornatus idem W. tunc fuit in Curia Domini Regis coram ipso Rege & coram justiciarijs ipsius Regis de Banco in diversis loquelis ad informationem materiarum dictas loquelas tangent. ab eye habend. et expeditionem, quam in eisdem loquelis fecit, eye ostendend. necnon vada et feoda sua ac denarios quos pro eye in prosecutione loquelarum praedict. deposuit colligend. necnon ad supervidend. terras & tenementa sua, ac exitus & proficua inde provenien. capiend. & recipiend. ac ad providend. pro domicilio suo ibid. fovendo aut aliud proficuum suum ibid. faciend. ob metum mortis et mutilationis hujusmodi ac talium verborum minatoriorum per magnum tempus, viz. per totum tempus praedict. (absque tanto & tali posse quod in gradu suo attigere non potuit, nec in misis & custagijs sustinere) nec equitare nec incedere audebat: sic quòd negotia sua praed. per idem tempus infecta remanser. idemque W. diversis laboribus et expensis occasione praemiss. multipliciter fatigatus extitit et depressus, judgement, ut supra. et alia enormia ei intulit, contra pacem, etc. Lib. Intr. fol. 45, 2. 44. An Indictment of Maiheme. IVratores pro Dom. Rege etc. dicunt et praesentant, quòd cum I.A. fuit in pace Domini regis nunc apud O. in Com. praedict. die etc. Anno etc. circa horam sextam post meridiem ejusdem diei, ibi venit quidam R.L. de F. in Com. praed. yeoman, felonicè, ut felo domini regis insidiando, & insultum praemeditatum contra pacem dicti domini regis nunc, coronam & dignitatem suas, die etc. Anno etc. hora et villa etc. et Com. praedicto, in et super praed. I.A. fecit, & tunc & ibid. cum quadam sagitta praedictum I. in genu suo sinistro sagittavit et percussit, per quod venae & nervi ejusdem genu restricti sunt & mortificati, judgement, a great fine, & imprisonment. & idem 1 vim & auxilium ejusdem genu totaliter amisit. Et sic praedictus R.L. die, anno, & loco praedictis, ipsum I.A. felonicè maihemavit, contra pacem domini regis nunc, coronam et dignitat. suas etc. 45. An Indictment for an Affray made at the time that the Assizes and Gaol delivery were holden before the justices of the Assize. INquir. pro Dom. Rege si C. P. & W.C. etc. vi & armis, viz. gladijs, scutis, & pugionibus apud C. praed. arraiati & illicitè congregati, tempore Assisarum dicti dom. Reg. adtunc apud C. praed. tentarum (R.W. & R.H. earundem Assisar. justice. ac Iust. dict. dom. Reg. ad gaolam de I. in eod. Com. de prisonarijs in eadem existentibus deliberand. assignat. circa deliberationem ejusdem Gaolae tunc apud C. praed. existentibus) insult. & affraiam invicem fecerunt, judgement, A great Fine and imprisonment, and bonds of the good behaviour. ad magn. perturbation. Curiae dicti Dom. reg. ac justic. suor. praed. tunc et ibidem existent. ac in terror. et perturbation. diverse. subditor. ejusdem dom. Reg. tunc et ibidem existent. & in malum et perniciosum exemplum omnium ligeorum dicti dom. Reg. ac contra pacem dicti dom. Reg. coron. & dignitat. suas. etc. 46. For an Affray and beating of one at the time of the Assizes and Gaol delivery holden before the justices of the Assize. INquir. etc. si F.F. etc. 11. die etc. vi & armis &c. (justice. dict. dom. reg. ad Assisas in Com. praed. capiend. necnon ad gaolam ejusdem Con. apud W. in eod. Con. de liberand. assign. adtunc & ibidem judicialiter sedent. & existent.) in quendam W.C. in pace Dei & dicti dom. Reg. apud W. praed. existent. ex malitia sua praecogitata insult. fecit, & ipsum W. cum quodam gladio, quem idem F. in manu sua dextra adtunc & ibid. habuit & tenuit, percussit super caput suum, dans eidem W.C. diversas plagas, per quas ipsum W. in magno periculo vitae suae posuit, ita quod de vita sua desperabatur: judgement, ut supra. in magnum justitiae & legum hujus Regni Hiberniae contempt. & perniciosum exemplum aliorum, ac contra pacem dicti dom. Reg. coron. & dignit. suas, etc. 47. Or thus. INquir. pro Dom. Rege si O.P. etc. die etc. anno etc. apud T. praed. in Com. E. praed. tempore Assisarum & generalis gaolae deliberation. adtunc & ibidem tent. & sedent. adtunc & ibid. justic. dict. dom. Reg. ad Assis. capiend. necnon ad gaolam dicti dom. Reg. Castri de T. praed. in Com. praed. deliberand. assignat. vi & armis & ex malitia sua praecogitata, in & super quendam I.C. nuper de S. in Com. D. yeoman, in pace Dei & dicti dom. Reg. adtunc & ibidem existent. insultum et affraiam fecit, & ipsum verberavit, vulneravit, & maletractavit, & praef. O. adtunc & ibidem cum quodam gladio valoris 3. solid. & quatuor denarior. (quem idem O. in manu sua dextra adtunc et ibidem habuit et tenuit) praed. johannem C. adtunc & ibid. percussit et pupugit, dans eidem I.C. adtunc et ibidem quoddam vulnus sive quandam plagam in latitudine unius pollicis, et profunditate quatuor pollicium, ita quod idem I.C. de vita sua maxime periclitabatur; in magnam perturbationem tam praed. justice. dicti dom. Reg. adtunc et ibid. in Curia praed. sedend. quam totius populi, & ligeorum subdit. dicti dom. Reg. de praed. Com. S. adtunc & ibidem confluent. & attendent. ac in magn. contempt. dicti Dom. Reg. ac in justitiae ibid. exequendae & administrandae retardation. manifest. ac contra pac. dicti dom. Reg. coron. & dignitat. suas etc. judgement, ut supra. 48. An Indictment against many for beating and imprisoning of the Sheriff's bailiff, coming with the Sheriffs Replevy to execute it, wherein the Replevy is recited. IUratores pro dom. Rege etc. praesentant quòd cum N.W. miles vicecomes Comitatus E. per war. suum de Replegiare sigillo suo sigillatum, cujus dat. est die etc. anno etc. mandavit cuidam A.B. ballivo suo Comit. E. praed. quod Replegiaret seu Replegiari faceret cuidam T.H. averia sua (viz. sex boves) quae W.S. nuper de S. in Comitatu praed. gener. & P.B. nuper de eisd. vill. & Comitatu Clothier, cepissent, & injustè detinebant contra vad. & pleg. ut praefatus Tho. dicebat, Et quod poneret ipsos W. & P. per vad. & salvos pleg. ita quod essent ad proximum Comitat. ipsius vicecomitis apud I. in Commit. praed. tenend. ad respondend. praefato T.H. de placito praedict. virtute cujus warranti praed. A. die & anno supradict. apud S. praed. requisivit praefat. W.S. quod permitteret sibi averia praedicta ad deliberandum eidem T.H. secundum vim, formam & effectum warranti praed. praed. tamen W. ac quidam H.G. nuper de S. in Com. praedicto Husbandman, cum multis alijs ignotis ad n●merum octo personarum, dicto die, etc. anno supradicto, apud S. praedict. warrant. praedict. minimè ponderantes, vi & armis, viz. gladijs & baculis in praef. A. insultum fecerunt, judgement, Fine and imprisonment, and bonds of the good behaviour. verberaver. vulneraver. & maletractaver. ac ipsum A. adtunc & ibidem imprisonaver. & detinuerunt per spatium quatuor dierum & quatuor noctium extunc prox. sequent. & adtunc & ibid. debitam executionem war. praedicti contradixerunt, impediverunt, & disturbaverunt; ad grave damnum ipsius C. ac contra pacem dicti dom. Reg. coron. etc. 49. An Indictment for lying in wait to kill one, and for assaulting, beating, and wounding of him, and for entering into and breaking of his Close. INquir. pro Dom. Rege si R.C. de B. in Com. N. Labourer, 8. die etc. anno etc. apud B. praed. jacuit insidijs ad interficiend. W.S. de T. in Com. praed. Husbandman, & in ipsum adtunc insultum fecit, verber. vulneravit, & maletract. ita quòd de vita ejus desperabatur, Ac etiam si praed. R. & I. uxor ejus 30. die Octobr. anno supradict. clausum ipsius W. apud B. praed. freger. & intraver. & herbam suam ad valent. etc. ibid. crescen. cum quibusdam averijs depasti fuer. conculcaver. & consumpser. contra pacem etc. judgement, Fine and imprisonment. 50. An Indictment against the husband and his wife for lying in wait, and for the assaulting, beating, and wounding of one. INquiratur pro Dom. Rege si M.B. nuper de T. in Comit. C. yeoman & K.W. uxor ejus etc. 17. die etc. anno etc. apud T. juxta T. in Com. praed. in quodam loco voc. le hall yard, jacuerunt in insidijs & adtunc & ibid. insidiati fuerunt quendam R.H. & in ipsum R. tunc & ibid. vi & armis &c. insultum fecerunt, verberaverunt, judgement, Fine, and imprisonment. vulneraver. & maletractaver. ita quod idem R. languidus existit, ac de vita sua desperatur, contra pacem etc. 51. An Indictment of Mayheme. IUr. pro Domino Rege etc. praesentant, quòd die etc. Anno etc. A.B. de C. in Com. D. Taylor, vi & armis, quoddam clausum cujusdam I.S. apud C. praed. in Com. praed. fregit & intravit, & in dictum I.S. tunc & ibid. in pace Dei & dicti Domini Regis existen. insultum et affraiam fecit, & cum gladio districto ad valentiam decem solidor. (quem dictus A.B. tunc & ibid. in manu sua dextra tenuit) eundem I.S. crudeliter verberavit, ac dextrum pollicem dicti I.S. tunc & ibidem uno ictu amputavit, judgement, a great fine, & imprisonment. Ac sic eundem I.S. nequiter & felonicè tunc & ibidem mahemavit, ad grave damnum ipsius I.S. ac contra pacem dicti Domini Regis, coron. & dignit. suas. 52. An Indictment for assaulting and beating of one in the high way with intent to have killed or rob him. IVrator. pro Domino Rege super sacramentum suum dicunt & praesentant, quòd H.B. nuper de C. in Com. E. yeoman, die etc. anno etc. circa horam sextam post meridiem ejusdem diei, apud O. in Com. praed. in communi via regia in quodam loco ibidem vocato C. in quendam T. L. adtunc & ibidem in pace Dei & dicti domini Regis existen. insultum fecit, et cum quodam gladio pretij 5. s. (quem ipse in manu sua dextra adtunc & ibidem habuit) ipsum T.L. adtunc & ibidem graviter verberavit, vulneravit, & maletractavit, ita quòd de vita sua desperabatur, ea intention, ad interficiendum vel saltem ad spoliand. praedictum T.L. de bonis & pecunijs suis, judgement, Fine, and imprisonment. Et alia enormia ei adtunc & ibidem intulit, ad grave damnum dicti T.L. ac contra pac. etc. 53. An Indict. against malefactors in a Park upon the statute of Westm. the first, Lib. Intr. fol. 585. cap. 20. IUr. pro Dom. Rege etc. dicunt & praesentant, quòd cum in statuto Westmonasterij primo de Malefactoribus in parcis & vivarijs provisum existat, quòd si aliquis inde ad sectam querentis convincatur, considerenter bonae & altae emendae secundum modum transgressionis, & habeat Malefactor hujusmodi prisonam trium annorum, & praeterea redimatur ad voluntatem Domini Regis (si habeat unde redimi posset) & nihilominus inveniet bonam securitatem quòd amplius non malefaciat, et si post imprisonamentum trium annor. non habeat unde redimi posset, inveniet eandem securitatem, & si securitat. hujusmodi invenire nequeat, regnum abjuret, (prout in eodem statuto plenius continetur) Quidam tamen R.B. de C. in Com. D. praedict. yeoman, judgement, three year's imprisonment, Ransom and security not to offend afterwards, and for want of such security to abjure the Realm. & R.T. de C. praed. yeoman, poenam statuti praed. minimè verentes, parcum E.S. apud H. in Com. praedicto, die etc. anno etc. vi et armis, viz. gladijs, arcubus, & sagittis fregerunt, & in eodem parco sine licentia & voluntate ejusdem E.S. fugaver. & feras, viz. duos damas masculos tunc & ibidem ceperunt & asportaver. & alia enormia ei intuler. ad grave damnum ipsius E.S. et contra formam stat. praedicti, ac contra pac. etc. 54. An Indictment upon the same statute for hunting in the King's Forests and Parks. Lib. Intr. fol. 5●6. IUr. pro Domino Rege etc. dicunt & praesentant, quòd cum in statuto in Parliamento Westmonasterij primo de Malefactoribus in parcis & vivarijs provisum existat, quòd si quis inde ad sectam querentis convincatur, considerentur bonae & altae emendae secundum quantitatem delicti, et habeat malefactor hujusmodi prisonam trium annor. & redemption. Domino Regi faciet (si habeat unde redimi posset) & nihilominus inveniet bonam securitatem quod amplius non malefaciet, et si post imprisonamentum trium annor. non habet unde redimi posset, inveniet eandem securitatem, et si securitat. hujusmodi invenire nequeat, regnum abjuret (prout in eod. stat. plenius continetur) Quidam tamen I.G. de D. in Com. praed. & I.L. de H. in Com. praed. yeomen, poenam statuti praedicti non verentes die etc. anno etc. vi & armis, viz. gladijs, arcubus, & sagittis forestam Domini Regis de W. in Com. praed. intraver. necnon parcum ipsius Domini Regis apud W. praed. freger. & in eyes sine licentia ejusdem Domini Regis fugaver. & feras, judgement, ut supra. viz. tres damas masculos tunc & ibidem ceperunt & asportaver. contra formam statut. praedicti, & contra pac. etc. 55. An Indictment for chase a Buck in the King's Forest with a Greyhound, etc. without reciting the statute, de malefactoribus, etc. IUr. pro Domino Rege etc. dicunt & present. quòd R.M. de O. in Com. D. yeoman, & R.P. nuper de N. in Com. praed. yeoman, die etc. anno etc. vi & armis, viz. gladijs, baculis, & sagittis, Forestam dicti Domini Regis de M. in Com. D. praed. freger. & intraver. & unum damam masculum vocat. a Buck, ad valentiam decem solidor. adtunc & ibid. invent. sine licentia & voluntate dicti Dom. Regis cum cane leporario (vocato a Greyhound) fugaver. & chasiaver. & dict. damam apud R. infra praecinctum forestae praed. cum funibus (Anglicè vocat. Halters, judgement, ut supra. ) die & anno praed. suspender. & occider. & ipsum damam sic suspensum & occisum injustè ceper. & asport. contra pac. dicti Dom. Regis etc. ac contra form. statut. in hujusmodi casu edit. & provis. 56. An Indict. for hunting Coneys. IUr. pro Dom. Rege etc. present. quòd A.B. de C. in Com. D. Labourer, homo laicus existens, a Festo Sancti Bartholomei Apostoli anno Regni Domini Regis nunc 13ᵒ. continuè usque in hunc diem apud C. praedict. in Com. praed. habuit & custodivit unum canem Graecum (Anglicè vocat. a Greyhound) add venand. & chasiand. lepores & cuniculos. Et quod idem A. B. 27ᵒ. die Augusti, Anno supradicto unum cuniculum valoris quatuor denar. in quodam clauso cujusdam I.S. de C. praed. in dicto Com. vocat. the Cony-garth, infra parochiam de C. praed. in dicto Com. existen. cum dicto cane venatus est & occidit: ubi idem A.B. nunquam habuit terras aut tenementa ad clarum annuum valour. quadraginta solidor. in dicti Domini Regis contempt. & contra formam stat. in hujusmodi casu edit. & provis. ac contra pacem etc. judgement, a years imprisonment by 13. R. 2. cap. 13. 57 An Indictment for keeping Hounds and hunting, by such as have not land to the value of 40. s. IVr. etc. dicunt et praesentant, quòd I.W. & T.P. de D. in Com. D. yeomen, non habentes terras neque tenementa ad valorem quadraginta solidor. per ann. ultra reprisas, tenent, habent & custodiunt canes venaticos & leporarios, & eisdem usi sunt venari in diversis partibus juxta C. viz. apud D. & alibi infra Baroniam de C. in Com. praed. & die etc. anno etc. apud D. praed. venati sunt, ac lepores & alia animalia veneris tunc & ibidem ceper. & occider. contra pac. etc. & contra formam stat. in hujusmodi casu edit. & provis. judgement, ut supra. 13. R. 2. cap. 13. 58. An Indictment for stealing of Coneys with Nets, Dogs, and Ferrets. IVr. etc. dicunt & present. quòd A.B. de C. in Com. D. Labourer, die etc. anno etc. vi & armis clausum cujusdam I.S. apud M. circa horam octavam in nocte freger. & intraver. & 20. cuniculos cum retibus, canibus, & venarijs (vocat. Ferret's) adtunc & ibid. invent. ceper. occider. & asport. contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. judgement, ut supra. 13. R. 2. cap. 13. Lib. Intr. fol. 585. 59 An Indictment of Trespass for hunting in a Warren. IUr. pro Domino Rege etc. dicunt quòd W.T. nuper de B. in Com. D. die etc. anno etc. vi et armis, viz. gladijs etc. liberam Warrennam cujusdam I.A. Armigeri apud T. in Com. praed. intravit, & in ea sine licentia & voluntate sua fugavit, & viginti lepores, quadraginta cuniculos, judgement, Fine and imprisonment. decem phasianos, & quadraginta perdices cepit & asportavit; contra pacem dom. Regis nunc etc. 60. An Indictment for taking Coneys in a free Warren in the night time. IUr. pro Dom. Rege etc. dicuut & present. quòd A.B. de C. in Con. D. Labourer, vi & armis, viz. baculis, falcastris, arcubus & sagittis, & alijs armis defensivis liberam warrennam cujusdam I.S. apud A. in Com. praed. circa horam decimam in nocte ejusdem diei fregit & intravit, & in ead. libera warrenna leporarijs, lyciscis, & retibus vocat. judgement, ut supra. Purse-nets, sine licentia dicti I.S. venatus fuit, & quadraginta cuniculos ipsius I.S. adtunc & ibidem invent. cepit & asportavit: contra pacem etc. 61. An Indictment for killing a Buck in a Park. IUrator. pro Dom. rege etc. dicunt & praesentant, quòd A.B. de C. in Com. D. yeoman, & E.F. de G. in eodem Com. yeoman, die etc. anno etc. apud G. in Com. praedicto, vi & armis, judgement, three year's imprisonment, Ransom and security not to offend afterwards, and for want of such security to abjure the Realm. viz. gladijs etc. clausum & parcum cujusdam I.S. armigeri apud H. in Com. praed. injustè fregerunt & intraverunt & damas ipsius I.S. adtunc & ibidem in parco praed. cubantes et depascentes, cum tribus canibus leporarijs (vocat. Greyhounds) & uno Reti (vocato a Buckstall) quòd in parco praed. tetenderunt, injustè venati sunt & chasiaverunt, & unum damam vocat. a Buck, adtunc & ibid. cum canibus praed. injustè ceperunt, occiderunt, & asportaverunt; contra pacem dicti Domini Regis nunc, etc. ac contra formam statut. in hujusmodi casu edit. & provis. 62. An Indict. against one for fishing in another man's several piscary. IUr. etc. dicunt & praesentant quod A.B. de C. in Com. D. yeoman, die etc. anno etc. vi & armis, viz. gladijs etc. clausum & haias cujusdam W.G. apud A. in Com. praedicto fregit, & in separali piscaria sua ibidem piscatus fuit, & pisc inde viz. duos salmones & ducentas trutas & ducentas chevenas ad valentiam etc. adtunc & ibidem cepit et asportavit, judgement, Fine and imprisonment. et herbam suam ad valentiam etc. ibidem nuper crescen. conculcavit et consumpsit, et alia enormia ei intulit, contra pac. domini Regis nunc, etc. 63. An Indictment of false Imprisonment. Lib. Intr. fol. 339. IUr. etc. dicunt et present. quòd A.B. de C. in Com. D. gen. die etc. anno etc. (simul cum alijs malefactoribus et pacis Domini Regis perturbatoribus ignotis) vi et armis viz. gladijs etc. in quendam E.F. apud D. in Com. praed. adtunc et ibid. in pace Dei et dicti domini Regis existen. insult. fecit, et ipsum E. F. de vexatione, perturbatione, et imprisonamento adtunc et ibidem minatus fuit, et tales et tantas infidias, insultus, et minas de vexatione, perturbatione, et imprisonamento idem A.B. in praefatum E.F. adtunc et ibidem intulit et imposuit, sic quòd dictus E.F. circa negotia et proficua sua ibidem agenda, viz. debita sua colligend. victualia sua emend. et artem suam de scissore exercend. ob metum vexationis, perturbationis, et imprisonamenti hujusmodi per magnum tempus, scil. à die etc. usque diem etc. palam incedere aut intendere non audebat: sicque negotia et proficua sua praedicta per dictum tempus totaliter infecta remanser. ac ipsum E.F. die etc. anno etc. apud D. etc. cepit et imprisonavit, et ipsum E.F. à dicto die etc. usque diem etc. apud D. praed. in prisona injustè detinuit: contra pacem dict. dom. regis nunc etc. judgement, Fine and imprisonment. 64. An Indict. of Assault, Battery, and false Imprisonment. Lib. Intr. fol. 339. IUr. etc. dicunt & present. quòd A.B. de C. in Com. D. arm. die etc. anno etc. vi & armis viz. etc. in quendam G.H. apud C. praed. insult. fecit, & ipsum verberavit, vulneravit, imprisonavit, & maletractavit, & ipsum G.H. sic imprisonat. ab inde usque E. in Com. praed. duxit, & ibidem die & anno praedict. imprisonavit. Et sic in prisona contra legem & consuetudinem hujus regni Hiberniae viz. per unum mensem tunc proximè sequent. judgement, ut supra. detinuit, & alia enormia ei intulit, contra pac. etc. 65. An Indictment of Trespass against a Miller for taking excessive Toll. Lib. Intr. fol. 605. 3. IUr. etc. quòd A.B. de C. in Com. praed. Miller, die Lunae & Martis proxim. post festum S. Michael. Arch. anno etc. & sic continuando per duos annos tunc proximè sequentes per diversas vices, viz. quibuslibet diebus Lunae & Martis septimanatim quolibet, viz. die eorund. dierum Lunae & Martis, vi et armis etc. bona & catalla cujusdam C. viz. frumentum ad molendinum missum viz. medietatem unius modij frumenti ultra tolnetum pro multura inde debitum & consuetum (quae quantitates frumenti per idem tempus modo et forma praed. judgement, Fine and imprisonment. captain. in toto attingebant ad quatuordecem quarterias frumenti & ultra, ad valentiam etc.) apud S. in Com. praed. invent. cepit & asportavit, & alia enormia etc. contra pacem etc. 66. An Indictment for breaking a Close, cutting and carrying away of Corne. IUr. pro Domino Rege etc. dicunt et praesentant, quòd R.B. de C. in Com. D. yeoman, die etc. anno etc. vi & armis, viz. gladijs, etc. clausum cujusdam R. R. apud B. in Comitatu praedicto fregit, & blada sua viz. decem carrectat. hordei ad valentiam etc. adtunc & ibid. messuit & asportavit, & alia enormia ei intulit, judgement, Fine, and imprisonment. contra pacem etc. 67. An Indictment for taking and carrying away Corn in Sheaves. IVrator. pro Domino Rege etc. dicunt & praesentant, quòd W. G. de H. in Com. D. yeoman, & I. B. de H. praedict. in Comit. praedict. yeoman, die &c Anno etc. vi et armis, viz. gladijs etc. bona et catalla cujusdam I.H. scil. duas carrectatas frumenti in garbis, duas carrectatas hordei in garbis, et duas carrectatas siliginis in garbis ad valent. judgement, ut supra. etc. apud I. in Com. praed. invent. ceperunt & asportaverunt, contra pacem etc. 68 An Indictment for the wrongful taking an Estray. IVratores pro Dom. Rege etc. dicunt & praesentant, quòd cum A.B. ratione Hundredi sui de R. habeat & habere debeat ipseque & omnes antecessores sui domini Hundredi praedicti â tempore quo non extat memoria semper hactenus habere consueverunt omnia animalia quae dicuntur Stray, infrà praecinctum Hundredi illius, Quidam tamen R. S. de B. in Com. C. yeoman, die etc. anno etc. sex equos pretij etc. apud T. in Com. praed. judgement, ut supra. infra praecinctum hundredi praedicti, et ad ipsum A. tanquam Stray, pertinentes, vi et armis, videlicet gladijs etc. cepit & abduxit, contra pacem etc. 69. An Indictment for breaking of a house and Close, and depasturing with Cattle. IVrat. pro Dom. rege etc. dicunt & praesentant, quòd I. A. de B. in Comitatu C. yeoman, (simul cum R. B. & I.L.) die etc. anno etc. vi et armis, viz. gladijs etc. clausum & domum cujusdam I. H. apud W. in Com. praed. fregit, & herbam suam ad valentiam quadraginta solidor. ibidem nuper crescentem cum quibusdam averijs, viz. equis, bobus, vaccis, & bidentibus depastus fuit, judgement, 〈◊〉 supra. conculcavit, & consumpsit: & alia enormia ei intulit, contra pacem etc. 70. An Indictment of Trespass for breaking of a house and taking away goods. IVrat. pro Dom. Rege etc. dicunt & praesentant, quòd K.F. de G. in Com. D. yeoman, et W.W. de G. praed. in Com. praed. yeoman, die etc. anno etc. vi & armis, viz. gladijs etc. domum cujusdam R. I. apud C. in Com. praed. fregerunt, et bona et catalla sua, viz. 24. foot spars, et 3000. Tiles, ad valentiam etc. judgement, ut supra. adtunc & ibidem invent. ceperunt & asportaver. ac alia enormia ei intulerunt, contra pacem etc. 71. An Indictment for breaking a Close, cutting of Trees, and depasturing of grass. IUratores pro Domino Rege etc. dicunt & praesentant, quòd I.S. de D. in Comit. C. yeoman, die etc. anno etc. vi et armis, viz. gladijs, etc. clausum cujusdam R. B. apud H. in Com. praedict. fregit, & arbores suas, viz. decem quercus et quatuor fraxinos ad valentiam etc. adtunc & ibidem nuper crescentes succidit & asportavit, & herbam suam ad valentiam etc. ibidem nuper crescentem cum quibusdam averijs, viz. equis, bobus, vaccis, & bidentibus adtunc depastus fuit, conculcavit, & consumpsit, continuan. judgement, ut supra. transgressionem praedict. quoad depastat. conculcationem, et consumptionem herbae praed. à praed. die etc. usque hunc diem: & alia enormia ei intulit, contra pacem etc. 72. An Indictment of diverse Trespasses and other misdemeanours committed at diverse times and diverse years. IVrator. pro Domino Rege etc. dicunt & praesentant, quòd M.G. de D. in Comitatu S. yeoman, die Lunae proxim. ante festum Sancti Iohannis Baptistae, & continuè quolibet die per unam septimanam tunc proxim. sequentem, quolibet die Lunae proximo post festum Sancti Michaelis Archangeli et continuè quolibet die per unam septimanam tunc proximè sequent. & quolibet die Lunae proximo post festum Ascensionis domini & continuè quolibet die per unam septimanam tunc proximè sequentem, Annis regni Regis domini nunc, quinto, sexto, septimo, octavo, nono, decimo, et undecimo, vi et armis, viz. gladijs etc. clausum & domos cujusdam T.B. apud L. in Com. praed. fregit, & ipsum T.B. & homines et servientes suos viz. I. W. R.W. & T.H. clericos cum eodem T.B. rotulos et brevia in officio ipsius T. B. protonotarij in communi Banco conficientes & scribentes tantis injurijs & gravaminibus, viz. Clamoribus magnis (minus justè, & indebitè imponend. eid. T. B. quod R. W. cujus testamenti idem T. B. executor fuit eidem M. debuisset viginti libras, & quòd idem T. B. ad excitationem servientum suor. praedict. illas eidem M. falsissimè detinuisset, Et quod ubi praed. T. B. eidem M. solvisset una vice 40. s. & alia vice 5. marcas, idem T. homines & servientes sui praedicti ex eorum falsa conspiratione quoddam scriptum confecissent per quod idem M. remisit, relaxavit, & omnino pro se & haeredibus suis quietè clamavit cuidam R. C. & eidem T.B. omnimodas actiones personales, quas versus eos habuit seu habere potuit, à principio mundi usque in diem confectionis ejusdem scripti, et scriptum illud scriptum acquietantiae de praedictis 5. marcis tantum fuisse dixissent, & ipse M. praedictum scriptum relaxationis verbis & assertionibus sigillare fecissent: & similiter mendaciter asserendo quòd praedictus R. W. jam defunctus per chartam suam dedisset eidem M. quoddam tenementum in C. & praedictus P. homines & servientes sui praed. chartam illam fregissent, & illam eidem M. subtraxissent: & quòd idem T. sigilla quae fuerunt praedicti R. habens, talia scripta & munimenta qualia voluit per consilium & assensum hominum & servientum suorum praedictorum de novo de tenementis illis fabricasset, et tenementa illa falsissimè vendidisset: & ipsum T. & servientes suos praed. genulando et manus suas in altum levan. pro posse & mala voluntate suis violenter anathematizavit, ipsos magna vociferatione homines reprobos & scurras falsissimos appellando) affecit, per quod idem T. homines et servientes sui praedicti circa negotia aut alia proficua ipsius T. viz. confection. & scripture. Rotulorum faciend. per magnum tempus videlicet, per septem annos praedict. intendere non audebant: sicque negotia et proficua praed. infecta remanserunt idemque T. servitium hominum & servient. suor. praedictor. per idem tempus amisit, & alia enormia etc. contra pac. etc. judgement, 〈◊〉 supra. 73. An Indictment for breaking of a Chest and taking out money. IUratores pro Dom. Rege etc. present. quòd T.S. de D. in Com. C. yeoman, die etc. anno etc. vi & armis, viz. gladijs, baculis, etc. quandam cistam cujusdam I.B. apud C. in Com. praed. fregit, & 40.l. de denarijs suis in pecunia numerata in eadem cista adtunc & ibidem existen. ceperunt & asportaverunt, judgement, 〈◊〉 supra. contra pacem domini Regis nunc, coron. & dignit. suas. 74. An Indict. of Trespass, for taking away a bag of writings. IUrat. pro dom. Rege etc. praesentant quòd T.S. nuper de L. in Comitatu D. gen. die etc. vi & armis, viz. gladijs, cultellis etc. quandam bagam cujusdam T.W. sigillatam cum chartis, scriptis & alijs munimentis in eadem baga contentis titulum ipsius T. W. de et in triginta acris terrae cum pertinentijs in T.O. et P. in Com. judgement, 〈◊〉 supra. praedicto concernent apud N. invent. cepit & asportavit, contra pac. etc. 75. An Indict. of Trespass for breaking a house, chase of sheep with dogs, and taking away of goods. IUrator. pro Dom. Rege etc. praesentant, quòd T.H. de B. in Comitatu C. gen. die etc. anno etc. vi & armis, viz. gladijs, baculis, etc. clausum et domos cujusdam R. apud W. in Com. praed. fregit, & 2205. oves suas ibid. invent. cum quibusdam canibus fugavit, canes illos ad mordend. oves praedictas in tantum incitando quod per fugationem illam et morsus canum praedictorum 124. judgement, ut supra. oves de ovibus praedictis pretij etc. interierunt, & centum oves, de ovibus praed. residuum, faerus suos abortivos projecerunt, & oves residuae multipliciter deterioratae fuerunt. Et bona & catalla sua, viz. unam togam de Russet, unam uliam togam de nigro velvet, unam diploidem de Tawny Damask, judgement, ut supra. & sex annulos de auro ad valent. etc. ibidem invent. cepit & asportavit, contra pacem etc. 76. For the taking of unreasonable distresses contrary to the statute of Marlebridge, Anno 52. H. 3. cap. 4. IUr. present. pro Dom. rege, etc. quòd cum in statuto in Parliamento tento apud Marlebridge, anno H. 3. nuper regis Angliae 52. inter caetera ordinat. sit, quòd districtiones sint rationabiles, & non nimis graves, & qui distriction. fecerint irrationabiles & indebitas, graviter amercientur propter excessivam districtionem ipsorum, prout in statuto praed. plenius continetur; Quidam tamen A. B. de etc. statut. praed. & poenam in eod. contentam minimè ponderans 12. die junij, Anno Regni etc. duas vaccas de bonis & catallis W.F. etc. apud G. etc. in eodem Com. N. pro quinque solid. in pecun. numeratis irrationabiliter & excessiuè distrinxit, & pro districtione cepit, ubi tempore districtionis & captionis praed. quaelibet vaccarum praed. erat veri valoris trium librarum current. monet. Angliae, judgement, 〈…〉 imprisonment. contra formam statuti praed, ac contra pacem etc. 77. For taking a distress out of his Fee, and in the high way, contrary to the statute of Marlebridge, Anno 52. H. 3. cap. 15. IUrat. present. pro Dom. rege etc. quòd cum in statuto in Parliamento tento apud Marlebridge, anno H. 3. nuper regis Angliae 52. ordinatum sit, quòd nulli de caetero liceat ex quacunque causa districtiones facere extra feodum suum, nec in via regia, aut in communi strato, nisi domino Regi aut ministris suis specialem authoritatem ad hoe habentibus (prout in statuto praedicto plenius continetur,) Quidam tamen P. B. & C. D. de etc. statut. praed. & poenam in eodem contentam minimè ponderantes 2. die junij anno etc. 2. vaccas de bonis & catallis E. D. etc. apud F. etc. extra feod. ipsorum sive ipsorum alicujus, in communi strato voc. etc. adtunc et ibid. existent. distrinxer. & pro distriction. ceper. nec tempore distriction. praed. A. B. & C. D. fuer. ministri, nec aliquis eorum fuit minister dicti dom. Reg. nec habuerunt, nec aliquis eorum habuit specialem authoritatem ad illud faciend. contra formam statut. praed. & contra pac. etc. judgement, ut supra. 78. For beating of two horses, of which beating the one of them died presently, and the other was sore hurt. INquirat. etc. si I.H. etc. decimo die etc. vi & armis, viz. etc. duos equos coloris albi, pretij etc. de bonis & catallis cujusdam I.F. apud M. in praed. Com. E. invent. quodam baculo percussit & verberavit, in tantum, quòd unus equus equorum praed. ex percussione & verberatione ill. ibidem incontinenter obijt, judgement, Fine and imprisonment. alterque equorum praed. multipliciter fatigat. laesus & deteriorat. existit; Et alia enormia eidem I.F. intulit, ad grave damnum ipsius I.F. et contra pacem dicti dom. Reg. etc. 79. For enclosing of an old Common lying in a Town, upon the which Common the Inhabitants of the said Town, have used to have common for all manner of beasts the whole year. IUratores etc. praesentant, quòd est, & à tempore quo non extat memoria fuit & esse consuevit, apud villam de A. in Com. M. quaedam antiqua Communia vocata M. eidem villae adjacens, ac per spatium unius milliarij ab eadem villa extendens, pro omnibus hominibus & tenent. infra villam praed. moram trahentibus, cum bobus, afris, porcis, bidentibus & alijs averijs suis per totum annum infra communiam praed. depascend. quòd que omnes illi infra villam praed. moram trahentes, à tempore quo memoria hominum non existit, infrà villam praedictam communiam pro averijs suis praedictis ibidem habere debuerunt et consueverunt, quousque R.C. de D. in Com. praed. cum alijs ignutis de covina sua ei associatis, vi et armis, scil. gladijs, baculis, falcastris, arcubus et sagittis, die etc. anno etc. apud E. in parochia de A. praed. de communia praedicta (injuriâ suâ propriâ, et absque titulo, clameo, see possession. per ipsos habit.) 1000 acr. ibid. cum sepibus et fossatis sibi inclusit & obstupavit, & illas sic inclusas & obstupat. ut separale solum suum, à praed. die etc. judgement, Fine and imprisonment, and the enclosure to be abat●●. usque etc. tenuit et occupavit, in praejudicium & damnum, nocumentum et impedimentum omnium hominum et tenentium praedictor. infra Communiam praed. communiam habentium, necnon contra consuetudinem praed. & contra pacem dicti Dom. Reg. etc. 80. An Indictment against one for pulling down of a stone bridge in a Town, over which the Inhabitants of the same Town have used to travel time out of mind. IUrator. etc. quòd cum à tempore quo memoria hominum in contratium non existit, fuit quidem pons lapideus in W. in Com. E. praed. voc. A. per & trans quem quidem pontem omnes inhabitantes villae de W. praed. in Com. praed. per tempus praedict. habere consueverunt ingressum & egressum ad quendam locum vocat. H. pro negotijs eorund. faciendis, Tamen I.F. de etc. tali die etc. et anno etc. vi & armis &c. praef. pontem effodit, prostravit, & spoliavit, & omnes lapides ejusdem pontis abinde asportavit & abcarriavit, per quod inhabitantes ibidem ingressum & egressum ad praed. locum pro praed. negotijs suis faciendis habere non possunt: Et alia enormia per eum tunc & ibidem facta sunt, judgement, Fine and imprisonment. ad grave & common nocumentum praed. vicinor. ibid. & contra pacem etc. 81. For taking away a Maid of the Age of eleven years, upon the statute of An. 3. E. 1. in which the statute is recited. IVratores etc. praesentant, quòd cum in statuto in Parliamento Dom. E. nuper Regis Angliae primi, anno Regni sui tertio, tento, edito, inter caetera ordinat. existit, quòd nullus rapiat neque capiat ancillam infra aetatem existentem per assensum suum vel sine assensu suo, neque dictam ancillam, nec aliam foeminam contra volunt. suam; & si aliquis hoc facerit, ad sectam illius qui hoc sequitur infra quadraginta dies, Dominus Rex sibi faciet communem justitiam; & si nullus incipiat sectam in hac parte infra xl. dies, dom. Rex sequetur, & illi qui inventi fuerint culpabiles habeant prisonam duorum annorum, & postmodum redimantur ad voluntat. dom. Reg. (prout in eodem stat. plenius continetur,) Quidam I.B. nuper de A. etc. statutum praed. minimè ponderans etc. I.C. filiam H.C. ancillam & infra aetatem existentem, judgement, Imprisonment for two years, and Ransom. viz. aetatis 11. annorum (quadr. diebus elapsis) apud W. tertio die S. anno etc. vi & armis, viz. gladijs, violenter cepit & rapuit, contra formam stat. praed. ac contra pacem etc. 82. For Trespass in Corn, grass, or ploughing. INquir. pro Domino Rege, fi A. B. de C. in Com. E. yeoman, 20. die mensis A. Anno regni Dominae nostrae Eliz. Dei gratia Angliae, Franciae et Hiberniae Reginae, fidei defensor. etc. tricesimo quarto, quoddam clausum cujusdam I.S. apud C. praed. in Com. E. praed. vulgariter voc. Cowlease, vi & armis fregit ac intravit, ac herbas & blada triticea ipsius I.S. tunc ibidem crescentia (ad valentiam 20. s.) cum quibusdam bobus & bidentibus ipsius A.B. tunc ibidem depastus est ac consumpsit, necnon solum & fundum ipsius I.S. tunc ibidem cum quodam aratro subvertit, per quod praedict. I.S. omne commodum & proficuum dicti soli sui per longum tempus postea amisit; judgement, Fine, and imprisonment. Ac alia damna & enormia praedict. I.S. tunc et ibidem intulit, ad grave damnum ipsius I.S. ac contra pacem dictae dom. nostrae Reginae nunc, coron. & dignit. suas. 83. For eating Corn with a flock of sheep. INquiratur etc. si I.M. de M. in Com. E. Shepherd, 20. die M. Anno Regni etc. apud V in Com. E. praed. vi & armis, viz. baculis & cultellis clausum I.S. fregit, et blada ipsius I.S. viz. hordea & & avenas in 30. acris terrae tunc ibidem crescent. cum grege ovium in custodia sua existente depastus fuit, conculcavit, & consumpsit; judgement, Fine and imprisonment. & alia enormia ei intulit, ad grave damnum ipsius I. S. ac contra pacè dicti etc. 84. For Trespass in Fishgarths in the hands of diverse Farmers, and for the taking of three Salmon. IUrat. present. pro Domino Rege etc. quòd W.S. de B. in Com. L. yeoman, I.W. de ead. villa in Com. L. praed. yeoman, & I.W. de T. in Com. L. praed. yeoman, 8. die Martij, Anno etc. circa horam quartam post meridiem ejusdem diei apud S. in Com. L. praed. vi et armis etc. in quandam piscar. (voc. Fishgarths) tunc in tenura & occupatione R.F. C.L. & I.L. firmar. ibid. dicti dom. Reg. intraver. & freger. & tres Salmones ad valent. 20. s. de bonis & catallis praed. R.F. C.L. & I.L. in pisc. praed. ceperunt & abinde asportaver. contra voluntatem praed. R.F. etc. ad grave damnum ipsor. R.F. etc. ac contra pacem dicti dom. Regis nunc etc. judgement, ut supra. 85. An Indictment for fishing in a Millpond with hooks and other Engines. INquir. pro Dom. Rege si T.W. de M. in Com. praed. Labourer, et H.I. de W. in Com. praed. Taylor, etc. 14ᵒ. die Aprilis, Anno etc. ac diversis tempor. ante praed. diem & postea, apud H. praed. in Com. praed. vi & armis, judgement, ut supra. viz. gladijs etc. in uno stagno ibid. voc. H. Milnepoole, tunc exist. liber. tenement. R.D. gen. cum hamis & alijs engine. piscaverunt, & diverse. pisces, viz. viginti Trutas tunc & ibid. ceper. & asportaverunt, contra pac. etc. 86. An Indictment for Trespass done in a Cornfield. IUrator. praesentant etc. quòd W.C. nuper de T. in Com. praed. Labourer, T.P. etc. tertio die etc. anno etc. vi & armis, viz. gladijs, etc. clausum I.N. apud S. in Com. praed. in quodam loco voc. S. Field, freger. et intraver. & tres acras frumenti ipsius I.W. ad valentiam viginti librarum adtunc & ibidem crescen. cum quibusdam averijs, viz. equis, bobus, judgement, ut supra. & bidentibus depasti sunt ac pedibus suis ambulando conculcaver. & consumpser. & alia enormia ei intuler. contra pacem etc. 87. An Indictment for enclosing of 20. Acres of pasture out of a common field, in the which all the Inhabitants have time out of mind used to have common of pasture for all manner of Cattles. IUratores praesentant etc. Quòd Ed. C. nuper de L. in Com. praed. generosus G.C. nuper de L. etc. decimo die etc. Anno etc. necnon diversis diebus & vicibus tam antea quam postea, vi & armis &c. 20. acras pasturae cum pertinentijs in L. praedict. in aperto communi campo ibid. in quibus omnes inhabitantes villae praedictae, à tempore cujus contrar. memoria hominum non existit, usi fuerunt & consueverunt habere communiam pasturae pro omnibus animalibus suis omni tempore anni in perpetuum, cum sepibus & fossatis incluser. ac eased. vigint. acr. sic inclusas à praed. decimo die April. anno suprad. usque diem capt. hujus Inquisitionis custod. & adhuc custod. in malum & perniciosum exemplum alior. ligeor. dict. dom. Reg. & contra formam diverse. stat. etc. ac contra pac. etc. judgement, Fine and imprisonment, and the enclosure to be abated. 88 An Indictment of Trespass for breaking and entering into a Close. INquir. pro Domino Rege, si I.S. de N. 10. die junij, Anno etc. vi et armis, etc. clausum A.B. de H. apud F. in Com. praed. freg. & intravit, & herbam A.B. ad valentiam 10. s. ibid. nuper crescen. cum quibusdam averijs suis depast. fuit, conculcavit & consumpsit; Et alia enormia ei intulit, judgement, Fine, and imprisonment. ad grave damnum ipsius R.G. & contra pacem domini Reg. coron. & dignit. suas. 89. An Indictment of Trespass for breaking and entering into a Close, and cutting down Ashes in the said Close. INquir. pro dom. Reg. si A.B. de C. in Com. L. Clericus & W.D. de eadem villa & Com. Clericus 4. die Augusti, Anno etc. vi & armis, viz. gladijs etc. Clausum A. B. de M. in Com. praed. freger. & intraver. et viginti fraxinos ipsius A.B. tunc ibid. crescen. ad valentiam 40. s. succider. & asport. ad grave damnum etc. ac contra pacem etc. judgement, ut supra. 90. An Indictment for breaking of a Close, and driving away of Cattles out of the Close. IVrator. praesentant etc. quòd T. & S. de etc. die & anno &c. vi & armis &c. clausum I.D. apud H. praed. freger. & intraverunt, et averia ipsius I.D. viz. viginti vaccas adtunc & ibidem depascent. ceperunt & abind fugaverunt, judgement, ut supra. contra pac. etc. 91. Another Indictment for Trespass for breaking of a Close, and eating of the grass with Cattles. INquiratur etc. si A.B. & C.D. de etc. die & anno &c. vi & armis, etc. clausum E. F. apud W. praedict. in Com. praedicto fregerunt & intraver. & herbam suam adtunc & ibidem cum quibusdam averijs suis, viz. equis, vaccis, judgement, ut supra. & bobus depasti fuer. conculcaver. et consumpserunt, contra pacem etc. 92. An Indictment for breaking into a Close, and treading down the grass. INquiratur etc. si A.B. de etc. die et anno etc. vi & armis &c. clausum D.E. apud C. praed. in Com. praed. fregit & intravit, & herbam suam ibid. ad valent. etc. pedibus suis ambuland. conculcavit & consumpsit, judgement, ut supra. Et alia enormia etc. ad grave damnum etc. ac contra pacem etc. 2. Of Fraud. 1. Against Baker's conspiring to make small Bread. IVratores pro Dom. Rege etc. praesentant, quòd A.B.C.D.E.F. & G.H. de M. in dicto Com. pistores, secundo die Mensis Octobris, Anno regni dicti domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Reg. fidei defensor. etc. 13ᵒ. apud M. praed. in Com. praedicto insimul convenerunt, conspiraverunt, ac mutuò inter se promiserunt, quòd panis denarij, vocat. the penny loaf, de integro frumento, per eos seu eorum aliquem tum deinceps faciendus ac vendendus, non amplius quam 6. uncias Troiae ponderis habebit & ponderabit, judgement, Fine, and imprisonment. quodcunque imposterum foret unius quarterij frumenti pretium: in dicti domini nostri reg. subditorum gravamen, necnon contra formam diversorum statutorum in hujusmodi casu provisorum & editorum, & coxtra pacem etc. 2. An Indictment of Conspiracy upon an acquittal of Felony in the King's Bench. IUratores pro Domino Rege etc. dicunt & praesentant quòd T.R. I. H. W.P. & W. Q. de S. in Com. D. yeomen (conspiration inter eos apud L. in Com. praedicto primo die Octobris, Anno regni domini regis nunc decimo, praehabita) quendam W. de eo quòd ipse, 20. die Novembris, Anno Regni dicti Domini Regis nono, inter alia quadraginta libras in pecunijs numeratis de denarijs cujusdam T.R. apud I. in Com. praedicto invent. felonicè furatus fuerit, judgement, That his house shall be razed, his woods eradicated, his meadows ploughed, his testimony never to be received, his person never to approach the King's Courts, his lands & goods to be seized into the King's hands, his body to be imprisoned and ransomed at the King's pleasure. ceperit, & aspertavit, coram domino Rege apud the Kings Courts Dublin die Sabbati proxim. post crastin. animarum dicto anno decimo ejusdem domini regis indictari, & ipsum W. ea occasione apud Dublin. in Com. Civit. Dublin. die jovis proximo post festum Sancti Hillarij dicto anno decimo capi, & ipsum in prisona Mariscalciae dom. Regis coram ipso Rege apud D. praedict. in Comitatu praedicto, quousque idem W. in Curia domini regis coram ipso Rege apud D. in Comitatu Civitatis praedictae die jovis prox. post festum Purificationis beatae Mariae virgins in eod. anno decimo, inde secundum legem & consuetudinem regni Regis Hiberniae acquietatus fuisset, detineri falso & malitiosè procuraverunt: contra formam statut. in hujusmodi casu edit. et provis. ac in contemptum dom. Regis etc. et contra pacem etc. 3. Another Indictment of Conspiracy upon acquittal of Robbery before justices of the Peace, and Oyer and Terminer. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd I. H. nuper de M. in Comitatu G. et E.H. de M. in Com. praedict. yeomen, (conspiration inter eos die veneris proximo post festum Purificationis beatae Mariae virgins, Anno Regni domini Regis nunc duodecimo, apud C. in Com. praedict. praehabita) quendam I.C. de eo quòd ipse aggregatis sibi quamplurimis malefactoribus ignotis modo guerrino arraiatis 6. die Octobris, Anno etc. apud L. in Com. praedicto jacuit in insidijs vi et armis ad intersiciendum I. H. & in ipsum I.H. adtunc & ibidem, vi & armis, viz. gladijs, arcubus extensis, sagittis, et baculis insultum fecit, & ipsum adtunc & ibidem verberavit, vulneravit, & maletractavit, ita quod de vita ejus desperabatur: & quinque solidos in pecunijs numeratis de bonis & catillis dicti I. H. in quadam bursa sua adtunc & ibidem invent. felonicè furatus fuit, cepit, & asportavit, contra pacem, coronam, & dignitatem domini Regis nunc, die Mercurij proximo post clausum Paschae dicto anno duodecimo coram I.G. & W.M. justiciarijs pacis dicti domini regis nunc, ac ad diversa felonias, transgressiones, & alia malefacta in Com. praedicto per literas patentes dicti domini regis sub magno sigillo suo Hiberniae audiend. & terminand. assignat. apud G. in Com. praedict. indictari fecerunt, & ipsum I.C. ea occasione praedicto die Mercurij dicto anno duodecimo apud G. praedict. capi & in prisona domini Regis Comitatus praedicti, quousque idem I.C. inde coram praefatis I.G. & W.N. secundum legem & consuetudinem regni dom. Regis Hiberniae praedicto die Mercurij, Anno 12. praedicto apud G. praedict. acquietatus fuisset, detineri falso & malitiosè procuraverunt: in contemptum domini regis, judgement, ut supra. & contra formam statut. in hujusmodi casu edit. & provis. etc. 4. For conspiring and combyning to indict one for stealing of an horse of one of the Conspirators, and for procuring of diverse false suits to be brought and pursued in the names of the conspirators, and of diverse others against diverse persons. IUratores etc. praesentant quòd I.P. nuper de I. in praedicto comitatu E. Taylor, & R.B. nuper de C. in praedicto Com. E. gener. unà cum alijs quamplurimis personis adhuc ignot. contra legem domini regis ac formam statutorum in hujusmodi casu provisorum, conspiration & covina apud T. praed. die etc. anno etc. habit. & diversis tempor. postea simul unit. confederate. & jurat. falso, fraudulentèr, & malitiosè vener. ad vindicand. destruend. perturband. placitand. adnihiland. & similiter adnulland. fideles & innocentes ligeos dicti domini regis pro lucro ad eorum proprium usum capiendo, societatem inierunt, & ad invicem juraverunt ad simul standum contra dict. dominum regem & quoscunque ligeos suos in omnibus & singulis materijs, placitis, & querelis, per ipsos & eorum quemlibet motis seu movendis. Et si eorum aliquis cum aliquo, placita, materiam seu querelam moveret, quòd ipsi & eorum quilibet cum eo, sic materiam, querelam seu placitum movente, stare & perseverare deberent & deberet. Et si aliquis eorum aliquam querelam seu placitum nomine alterius personae cujuscunque versus aliam personam super se assumpserit manutenend. extunc eorum quilibet querelam, sectam, seu placit. praed. tanquam querelam, sectam, seu placitum nomine eorum prosecut. manuteneret, foveret, & teneret, recto, veritate, justitia, & jure omnino perpositis & sublat. virtute quorum quidem unitionis, conspirationis, jurament. confederationis, & manutentionis praedictorum I.P. R.B. & al. sic in unum globat. & jurat. postea viz. die etc. Anno etc. (conspiration inter eos apud C. in Comit. praed. praehabita) quendam F.H. de eo quòd ipse die etc. anno etc. unum equum pretij etc. de bonis & catallis praedicti I.P. apud S. invent. felonicè furatus fuit, cepit, & abduxit, falso & malitiosè indictari procuraverunt. Et praedicti I.P. & R.B. et alij modo et forma praed. uniti et confoederati diversa falsa placita, sectas, et querelas innumerabiles tam nominibus eorum proprijs quam nominibus aliarum personarum eis falsò & malitiosè congregat. et unitarum prosecuti fuer. et manutenuerunt, et indies prosequuntur et manutenent; viz. praedict. I.P. ad hundred. domini P. milit. apud C. praed. 13ᵒ. die etc. anno etc. tent. (eodem I. adtunc Ballivo ejusdem hundred. existen.) ad statum et possessionem R.S. & A. uxoris suae adnulland. et pro eo quòd ad quamlibet curiam hundredi ibidem successiuè tenend. praed. R. uxorem suam ibidem producere nequiret, ita quod excessiva amerciamenta in status eorum depauperationê fierent & evenirent consideratione taxator. amerciament. Curiae praed. Et insuper de covina praed. I.P. adtunc & ibidem extiterunt in eadem Curia tresdecem querelae de placito transgressionis nomine W.T. & R.B. & quatuor querelae transgress. nomine W. E. absque vera materia seu justa causa separatim versus praedictum R.S. & A. levatae & intrat. ac praed. I.P. de covina sua praed. adtunc & ibidem procuravit praed. querentes hujusmodi querelas levare, ad grave damnum ipsorum R. & A. & contra formam statut. in hujusmodi casu provis. & contra pacem etc. judgement, ut supra. 5. An Indictment of Forgery, upon the statute of 1. H. 5. cap. 3. IVrator. pro Domino Rege etc. dicunt & praesentant, quòd cum in statuto in Parliamento Dom. Henrici quinti nuper Regis Angliae etc. apud W. Anno regni sui primo tent. edit. inter caetera concordatum & stabilitum existat, quòd si aliquae personae ex eor. conspiration aliqua falsa facta & munimenta imaginatae fuerint & fabricaverint, ac ea ad distruend. & perturband. possessiones & titul. ligeorum dom. Regis pronunciari, publicari, & legi facerent, per quod ligeis Dom. regis praedicti de possessionibus fuis turbari & vexari possunt, pars in hac parte gravata habeat sectam suam in hoc casu ad recuperand. damna sua, & pars convicta faciat finem & redemptionem ad voluntatem dom. regis (prout in statuto praedicto plenius continetur) Quidam tamen C. & E. de F. in Com. praed. generosi, statut. praedict. minimè ponderantes, ex eorum falsa conspiration & covina unum falsum factum de uno mesuagio etc. cujusdam A. in B. in Comitat. praedict. viz. unum factum continens quòd P.C. dedisset et concessisset C.W. tenementa praedicta cum pertinentijs habend. sibi & haeredibus suis in perpetuum, ad destruend. & perturband. titulum ipsius A. de terris et tenementis praedict. 1ᵒ. die julij, Anno etc. apud T. in Com. praedict. subtiliter imaginati fuerunt & fabricaverunt, & praed. falsum factum adtunc & ibidem pronunciari, publicari, & legi fecerunt: per quod idem A. de possessione & titulo suis mesuag. et tenementorum praedict. graviter turbat. & vexat. existit: judgement, Fine, imprisonment, and Ransom. in dom. Regis nunc Contemptum, & contra formam statut. praedict. etc. & contra pacem etc. 6. Another Indictment upon the same statute. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum in statuto in parliamento Henrici quinti nuper Regis Angliae, etc. apud W. Anno Regni sui primo. tent. edit. inter caetera concordatum & stabilitum existat, quòd si aliquae personae ex earum falsa conspiration & covina aliqua falsa facta & munimenta sub●●l●ter imaginatae fuerint & fabricaverint, ac ea ad destruend. & pontbriand. possessiones & titulos ligeorum Dom. Regis pronunce 〈…〉, & legi fecerint, per quod ligei praedicti de possessione & titulo suis perturbari & vexari possunt, pars in hac parte gravata habeat sectam suam in hoc casu & recuperet damna sua, & pars convicta faciat finem & redemptionem ad voluntatem Domini Regis, prout in statuto praedicto plenius apparet, Quidam tamen H. et R. de Q. in Com. praedicto, die etc. Anno etc. apud D. in Com. praedict. ex eorum falsa conspiration & covina, diversa falsa facta, viz. unum falsum factum per quod quidam N.D. de B. etc. dedisset, concessisset, & confirmasset M. sorori suae manerium de Dale cum pertinentijs suis habend. & tenend. praedictum manerium cum pertinentijs praefatae M. & haeredibus de corpore suo legitimè procreand. ita quòd si contingeret quòd eadem M. obiret sine haerede de corpore suo legitimè procreate. tunc post decessum ipsius M. praedictum Manerium cum pertinentijs suis integrè remaneret cuidam T. & haeredibus de corpore suo legitimè procreate. ac quoddam aliud falsum factum relaxationis, per quod praedictus N. remisisset, relaxasset, & omnino pro se et haeredibus suis in perpetuum quiet. clamasset praedictae M. & haeredibus suis totum jus, titulum, et demand. ipsius N. quae ipse tunc seu unquam ante habuit de & in Manerio praedicto cum pertinentijs apud D. praedict. die et anno praedict. subtiliter imaginati fuerunt: ac ea ad distruend. & perturband. possessionem & titulum cujusdam T. in manerio praedicto cum pertinentijs tunc et ibidem pronunciari & legi fecerunt: judgement, ut supra. per quod idem T. de possessione sua in manerio praedicto cum pertinentijs gravat. turbat. et vexat. existit: in contemptum dom. Regis nunc, et contra formam statuti praedicti, et contra pacem etc. 7. Another Indictment of forgery upon the said statute without reciting the statute. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum A.B. seisitus fuit & adhuc seisitus est in dominico suo ut de feodo de uno mesuagio cum pertinentijs in Dale in Com. praed. quidam W. & I. de F. in Com. praedict. generosi ex eorum falsa conspiratione et covina quoddam falsum factum feoffamenti de praedicto mesuagio cum pertinentijs, in quo continetur quòd T. & A. dederunt, concesserunt, & per idem factum confirmaverunt I.P. & A. uxori ejus praedict. mesuagium cum pertinentijs, habend. et tenend. ipsis ad terminum vitae ipsorum, et post decessum ipsorum T. et A. praedict. mesuagium remaneret W.T. filio ejusdem A. ad terminum vitae suae, et post decessum ejusdem W. praedict. mesuagium cum pertinentijs remaneret A.P. filiae praedicti I.P. et A. uxoris ejus et haeredibus suis in perpetuum, primo die Augusti, Anno etc. apud B. in Com. praed. subtiliter imaginati fuerunt fabricaver. ac illud adtunc et ibidem ad destruend. et perturband. possessionem et titulum ipsius A.B. de mesuagio praedicto cum pertinentijs pronunciari, publicari, & legi fecerunt: per quod idem A. B. de possessione et titulo suis mesuagij praedicti cum pertinentijs graviter turbatus & vexatus exist. in contemptum dom. Regis nunc, judgement, ut supra. ac contra formam statut. in hujusmodi casu edit. et provis. et contra pacem etc. 8. Another Indictment of forgery for antedating a deed of bargain and sale. IVratores pro Dom. Rege etc. dicunt & praesentant, quòd cum M. H. seisitus fuit in dominico suo ut de feodo de et in manerio de Dale in Com. praedicto, & sic seisitus existens per quandam indenturam inter ipsum M. ex una parte, & I. D. ex altera parte, die etc. anno etc. confect. pro quadam pecuniae summa inter eos concordat. apud S. in Com. praedict. viz. pro centum marcis tunc & ibidem eid. W. solut. barganisasset, et vendidisset eid. I.D. praedictum manerium cum pertinentijs, habendum eidem I.D. & haeredibus suis in perpetuum, Quidam I.M. machinans ipsum I.D. de bargania sua praedicta de dicto manerio cum pertinentijs falsè & fraudulentèr decipere & enervare, 9ᵒ. die julij ult. praeteriti quandam Indenturam de data primo die julij, Anno etc. inter praedictum M.H. ex una parte & praefato I.M. ex altera parte confectam (falsè & fraudulentèr suggerendo ipsum M.H. dicto primo die julij, anno supradicto, barganisasse & vendidisse manerium praedictum cum pertinentijs eid. I. M. pro quadam pecuniae summa inter eos concordat. habend. sibi & haeredibus suis) apud S. in Comit. praedict. falsò, fraudulentèr, & subtiliter imaginatus est, fecit, & fabricavit: ac Indentur. illam, ad defraudendum ipsum I.D. de bargania sua praedicta manerij praedicti dicto primo die julij apud S. praedict. fraudulentèr publicavit & legi fecit: per quod idem I.D. in dicta bargania sua manerij praedicti graviter turbatus & vexatus existit, in contemptum dicti Domini regis, judgement, ut supra. contra formam statut. in hujusmodi casu edit. & provis. Et contra pacem etc. 9 An Indictment against a Minister upon the statute of 28. El. cap. 4. in Ireland, for forging of an Indenture of bargain and sale of lands. INquiratur pro Dom. Reg. quòd cum in statuto in Parliamento Dominae Elizabethae nuper Reginae Angliae, Franciae & Hiberniae, Anno regni sui vicesimo octavo tent. edit. etc. enactitat. fuit, quòd si aliqua persona quaecunque post finem ejusdem parliamenti ex sua propria ment & imaginatione, seu per falsam conspirationem & fraudem cum alijs, scienter et subtiliter causaret, seu scienter consentiret fabric. sive fieri aliquod falsum factum, cartam, seu scriptum sigillat, Rotul. Curiae, aut testamentum alicujus personae sive personarum in scriptis, ea intentione quòd status liberi tenementi seu haereditatis alicujus personae, sive personarum de, in, aut ad aliqua terras, tenementa, seu haereditamenta liberae tenurae, aut customar. vel rectum, titulus, sive interesse alicujus personae five personarum de, in, vel ad ea sive aliquod eorum molestari, perturbari, destrui, recuperari vel onerari poterit, aut contigerit: aut post praedict. primum diem junij, pronunciaret, publicaret, seu ostenderet in evidentiam, aliquod tale falsum aut fictum factum, cartam, scriptum, Rotul. Curiae, aut testamentum, tanquam vera, sciens eadem facta falsa ac ficta esse, (ut praefertur) ad intentionem supramentionat. & inde foret convictus, aut super aliquam actionem sive actiones fabricandi falsa facta super hoc statut. fundand. ad sectam partis gravatae, vel aliter secundum ordinem & debitum cursum legum hujus Regni Hiberniae, aut super billam vel informationem in Cur. Camerae Castelli exhibend. juxta ordinem et usum Cur. ill. solveret parti gravatae custagia et damna sua ad duplum inveniend. seu assidend. in Curia ubi hujusmodi Convictio foret, ac etiam statueretur super collistrigium in aliqua aperta villa mercatoria aut alio loco aperto, & ibidem haberet ambas aures suas absciscas, ac nares suas interscisc. & in parts divisas ac ferro igneo cauterisatas, sic quòd remanere possent pro perpetua nota & signo falsitatis suae; & forisfaceret Dom. Reg. haer. & successor. suis integr. exitus & proficua terrarum & tenementorum suorum durante vita ipsius, praedictis damnis & custagijs recuperand. ad sectam partis gravatae (ut praefertur) primò solvendis & levandis de bonis & Catal. offendentis & de exitibus & proficuis dictarum terrarum, tenementorum, & haereditament. hujusmodi partis convict. aut unius seu utriusque eorum, praed. titulo dict. Dom. Reg. haered. vel successorum suorum ad eadem non obstante, prout in eodem statuto inter alia pleniùs liquer: Quidam tamen T.M. de C. in praed. Com. E. Clericus statutum praedict. non ponderans, nec poenam in eod. content. verens, post finem praed. parliamenti, viz. die etc. anno etc. apud T. in praed. Com. E. ex sua propria ment & falsa imaginatione & covina quoddam falsum factum, judgement, to be set upon the pillery, his ears to be cut off, his nose to be s●it, and scared, to forfeit the profits of his lands, and to be imprisoned during ●is life, but this must be done by justices of assize, and not by justices of Peace. viz. quandam Indentur. per quam quidam T.A. barganizaret et venderet omnes illas terras & tenementa vocat. etc. cum pertin. in T. in praed. Com. E. cuidam I. S. scient. subtiliter & falsò fabricavit & fecit, & eandem Indenturam tunc & ibidem pronunciavit, publicavit, & legi fecit, & in evidentiam ostendit, ad molestand. destruend. & perturband. statum, possessionem, titulum, & interest praed. T.B. in terr. & tenementis praed. per quod idem T.B. de possess. titulo & interest suis ad tenement. praed. cum pertinen. multipliciter praegravat. & vexat. existit; in dict. Dom. Reg. legisque suae contempt. manifest. & ipsius T. damnum non modicum & gravamen, ac contra formam statuti praedict. etc. 10. For Perjury in a deposition before Commissioners by Commission out of the Court of Chancery returnable into the Court of Wards. IUr. praesentant pro Dom. Reg. quòd F. E. de G. in Comit. praed. Taylor, 24. die julij, anno etc. apud M. in Comitatu E. praedict. coram A.B. C.D. & E.F. Armigeris, Commis. (virtute brevis dict. Dom. Reg. de Commissione praedict. A.B. C.D. & E.F. directi, & extra Curiam Cancellariae dict. Dom. Reg. apud Dublin. in Comitatu Civitatis Dublin. praeantea emanentis) pro examinatione quorumcunque testium, tam ex parte cujusdam I.L. de M. praedict. in Comitat. E. praedict. Weaver, querentis, quam ex parte H. M. de N. in dicto Comitatu E. yeoman, defendentis, in quadam causa (sive materia) inter ipsos I.L. & H.M. tunc in Curia wardorum & liberationun controversa, & ibidem dependente in variantia pro titulo unius mesuagij cum pertinentijs in M. praedict. in dict. Com. E. personaliter constitutus, Ac tunc & ibidem existens testis productus per praedictum I.L. ad testificandum & deponendum in causa praedicta ex parte ipsius L. & juratus per Commissionarios praedictos ad veritatem dicendam super articulis interrogatorijs ei per dictos Commissionarios adtunc & ibidem ministrandis, septimo articulo interrogatorio ei adtunc & ibidem per dictos Commissionarios ex parte praedicti I.L. ministrato dixit, & super sacramentum suum praedict. affirmavit & deposuit prout in his Anglicis verbis immediatè sequitur, viz. To the seventh Interrogatory he saith by virtue of his said oath, that the said mesuage was never occupied by the said H.M. the defendant (prout per dictam depositionem praed. F.E. inter alia per praefatos Commissionarios in dictam Curiam Wardorum & liberationum certificatam & missam ac ibid. de Recordo adhuc, judgement, to forfeit 40. l. and if he have not lands not goods to that value, to stand upon the pillory and have half a years imprisonment. remanentem plenè apparet) ubi revera & in facto dictum mesuagium diu occupatum fuit per praenominat. H.M. defendentem. Et sic idem F.E. dicto vicesimo quarto die julij, anno suprad. apud M. praed. in dicto Com. E. coram praenominatis A.B.C.D. & E.F. Commissionarijs dict. dom. Reg. sic ut praefertur existentibus, voluntariè & corruptè perjurium commisit voluntarium & corruptum: contra formam statut. in hujusmodi casu provis. & edit. 11. An Indictment of Champerty upon the statute of Articuli super cartas, cap. 11. IVratores pro Dom. Rege etc. dicunt & praesentant quòd cum de communi consilio Regni Regis Angliae provisum sit, quòd nullus minister vel aliquis alius manuteneat placita querelas vel negotia quae sunt in Curia domini Regis de terris, tenementis, aut alijs rebus quibuscunque pro parte rei petitae, vel aliquo proficuo, per conventionem factam, inde habend. nec aliquis jus suum sub hujusmodi conditione alteri dimittat; Quidam W. die etc. anno etc. quandam querelam cujusdam Assisae friscae fortiae quae est in Curia Regis nunc Civitatis E. coram A. B. Majori & C. D. & E.F. vicecomitibus ejusdem Civitatis sine Brevi ipsius domini Regis secundum consuetudinem Civitatis praedictae inter I.S. querentem & T.B. tenentem de uno mesuagio cum pertinentijs in Civitate praedicta pro parte ejusdem mesuagij, viz. pro medietate mesuagij illius sibi & haeredibus suis imperpetuum, & pro medietate damnorum in querela Assisae praedict. recuperand. inde habend. per conventionem inter praefat. I. ac praedict. W. apud E. praedict. factam, judgement, Fine, and imprisonment. assumpsit pro praefat. I. manutenend. & manutenuit; ad grave damnum ipsius T. B. & contra formam provisionis praedictae, etc. 12. Another Indictment upon the same statute. IVratores pro Domino Rege etc. dicunt & praesentant, quòd cum inter caeteros articulos quos Dominus Edwardus nuper Rex Angliae, progenitor domini Regis nunc, ad emendationem status populi Regni sui, fecit, provis. & ordinat. sit quòd nullus minister nec aliquis alius pro parte rei quae est in placito habend. negotia quae sunt in placito sibi sumat manutenend. nec aliquis jus suum sub tali conventione alteri dimittat; Quidam I.S. de A. in Com. D. gener. die Lunae proxim. post festum Sancti Michaelis Archangeli Anno Regni Domini Regis nunc duodecimo, quoddam placitum loquelae (quae fuit in Curia dicti Domini Regis coram justiciarijs ejusdem Domini Regis de Banco per Breve ejusdem Domini Regis inter R. S. & I. G. de placito debiti viginti librarum quas idem R. S. de praefato I.G. exigebat) pro parte debiti praedicti et damnorum in ea parte recuperand. habend. viz. pro medietate debiti et damnorum illorum per conventionem inter praedictos R. & I. S. fact. apud W. assumpsit manutenend. & manutenuit; in contemptum Domini Regis nunc, judgement, ut supra. et contra formam provisionis praedict. etc. 13. Another Indictment upon the same statute for maintaining a suit in Chancery. IVratores pro Domino Rege & e. dicunt & praesentant, quòd cum de communi consilio regni domini Regis Angliae concordatum sit, quòd nullus minister dom. regis, nec aliquis alius manuteneat placita, querelas, vel negotia, quae sunt in Curia dom. regis, de terr. tenementis vel aliquibus rebus quibuscunque pro parte rei vel alio proficuo per conventionem factam inde habend. nec aliquis jus suum sub hujusmodi conditione alteri dimittat (prout in eodem statuto pleniùs continetur) Quidam tamen I. H. de etc. Mercer, statut. praedict. minimè ponderans, sed machinans & fraudulenter intendens quendam R. B. praegravare, quoddam negotium quod fuit coram dom. rege nunc in Cancellaria sua apud W. in Com. M. per breve Domini Regis de Sub-poena inter C. B. & praefatum R. B. pro summa octoginta librarum pro parte inde etc. 3. die Augusti, Anno Regni dicti Domini Regis nunc decimo, apud L. assumpsit manutenend. & adtunc & ibidem manutenuit; in contemptum domini Regis, judgement, ut supra. ad grave damnum ipsius R.B. & contra formam ordinationis praedict. etc. 14. An Indictment of Maintenance upon the statute of 1. R. 2. cap. 4. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum in statuto Richardi nuper Regis Angliae etc. secundi, Anno Regni sui primo, apud Westm. tent. inter caetera contineatur, quòd nulla persona regni Regis Angliae, (cujuscunque status, gradus, seu conditionis fuerit) aliquam querelam in patria nec alibi manuteneat seu sustentet, sub poena imprisonamenti, & faciend. dom. Regi finem & redemptionem ad voluntatem ipsius domini regis, quilibet viz. juxta statum, gradum, & demeritum sua (prout in eod. statut. pleniùs continetur) Quidam tamen W. H. de etc. die etc. anno etc. quandam querelam cujusdam loquelae (quae fuit in Curia Dom. Regis nunc coram justiciarijs suis de Banco per breve ipsius Domini Regis inter R. R. & I. M. de quadam transgressione eid. R. per eundem I.M. illat. ut dicitur) pro parte praedicti R. apud W. in Comitat. praedict. manutenuit & sustentavit; judgement, Fine, imprisonment, and Ransom. in domini Regis nunc contemptum, & ipsius I.M. grave damnum, ac contra formam statut. praedicti, etc. 15. Another Indictment upon the same statue without reciting the statute. IUratores pro Domino Rege etc. dicunt & praesentant, quòd B.C. de D in Comitatu praedicto gener. quandam querelam (quae est in Curia Domini Regis nunc coram ipso Rege inter I. B. querent. & H.S. defendentem de placito quòd idem H. reddat eid. I. centum libras quas ei debet & injustè detinet) die etc. Anno etc. apud W. in Com. praedict. pro parte praedicti H. manutenuit & sustentavit in dicti Dom. Regis contemptum, judgement, ut supra. & contra formam statut. in hujusmodi casu edit. & provis. 16. Another Indictment upon the same statute without reciting the statute. IVratores pro Dom. Rege etc. dicunt & praesentant, quòd cum I.S. quandam querelam cujusdam loquelae in Curia Domini Regis coram ipso Rege apud W. per breve ipsius Regis inter praefatum I.S. & T.M. de placito quare cum placita de transgressione contra pacem domini regis facta in Regno Domini Regis ad dom. regis coronam & dignitatem suas, & non ad alium, pertineant in eod. regno dictus T.M. prosecutus est placitum in Curia Christianitatis de hujusmodi transgressione versus praefatum I.S. in laesionem coronae & dignitat. dom. Regis; Quidam tamen I.R. de etc. praemissorum non ignarus, sed machinans & fraudulenter & illicitè intendens praedictum I.S. praegravare, die etc. anno etc. apud W. in Comitat. praedict. praedictum placitum pro parte praedicti T.M. versus praefatum I.S. manutenuit & sustentavit; in dicti domini regis nunc contemptum, judgement, ut supra. ac contra formam statut. in hujusmodi casu edit. & provis. 17. Another Indictment upon the same statute. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum in statuto apud W. nuper edito inter caetera contineatur, quòd nulla persona regni domini Regis Angliae etc. (as in the first Precedent upon this statute) Quidam tamen R.S. & I. D. de F. in Commit. praedict. yeoman, die etc. anno etc. querelam cujusdam placiti, quae est coram T. B. milite & socijs suis justiciarijs Domini Regis nunc de Banco per breve ipsius Domini Regis inter quendam R. R. & I. D. de quadam transgressione, viz. de eo quòd idem I. D. vi & armis, clausum & domos ipsius R. R. apud B. praedict. fregit, & bona & catalla sua ad valentiam 40. s. ibidem inventa cepit & abduxit, contra pacem Domini Regis nunc, eid. R.R. per praefatum I. D. illatam, ut dicitur, pro parte dicti I. D. & contra praefatum R. R. apud B. praedict. manutenuerunt & sustentaverunt, & adhuc manutenent & sustentant; judgement, ut supra. in contemptum dicti Domini Regis nunc, ad grave damnum ipsius R.R. ac contra formam statuti praedict. 18. Another Indictment of maintenance upon the said statute of 1. R. 2. cap. 4. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum A. de B. quandam querelam Assisae novae disseisinae arrainavit coram dilectis & fidelibus domini Regis S. & W. justiciarijs ejusdem Domini Regis ad Assisas in Com. praedict. capiendas assignat. per breve ipsius domini Regis versus T.S. de tenementis in G. Quidam G.H. de L. in Com. praedicto gener. die etc. anno etc. pro parte ipsius T. apud E. in Com. praedict. manutenuit & sustentavit; in dicti domini Regis contemptum, judgement, ut supra. & contra formam statut. in hujusmodi casu edit. & provis. 19 An Indictment of maintenance upon the statute of 10. Car. cap. 15. in Ireland. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum in statuto in Parliamento Dom. Regis nunc Caroli apud Castrum Dublin. die Lunae, viz. 14. die julij, Anno Regni sui decimo, inchoato, tento, & ibidem per diversas prorogationes usque ad diem Lunae, viz. vicesimum sextum diem januarij tunc proximè sequent. similiter tento, & ibidem continuato usque ad vicesimum primum diem Martij tunc proximè sequent. & ibidem prorogat. abinde usque ad 24. diem Martij praedicti tunc proxim. sequent. per dictum dominum regem cum assensu dominorum spiritualium & temporalium ac Communitatis in eod. Parliamento congregat. necnon authoritate ejusdem Parliamenti inter alia adtunc & ibidem inactitat. existit, quòd nulla persona sive personae, cujuscunque status, gradus, sive conditionis fuerit five fuerint, extunc de caetero illicitè manuteneret sive manutenerent, aut causaret sive causarent, sive procuraret aut procurarent aliquam illicitam manutenentiam in aliqua actione, demanda, fecta, seu querela in aliqua Curia domini Regis Cancellariae, Camerae Castelli, aut alibi infra regnum Hiberniae, ubi aliqua persona sive aliquae personae habent, seu extunc in posterum haberent authoritatem virtute Commissionis domini Regis literarum patentium vel brevis ad tenendum placita terrar. vel ad examinand. audiend. sive determinandum aliquem titulum de terris, sive aliquam materiam de testibus concernent. titulum, jus, vel interest aliquar. terrar. tenementor. sive haereditamentor. ac etiam quòd nulla persona sive personae (cujuscunque status, gradus, vel conditionis ipse vel ipsi fuerit vel fuerint) extunc in futur. illicitè retineret sive retinerent, pro manutentione alicujus sectae sive placiti, aliquam personam aut aliquas personas, sive embracearet vel embracearent aliquos liberos tenentes vel juratores, aut subornaret aliquos testes per literas, regardâ praemissâ: sive aliquem alium sinistrum laborem vel medium ad manutenendum aliquam materiam sive causam, vel ad disturbationem seu impedimentum justitiae, vel ad procurationem sive occasionem alicujus perjurij per falsum veredictum aut aliter in aliquibus Curijs antedictis, sub poena sorisfaciendi pro quolibet hujusmodi offenso decem libras, quarum una medietas inde esset Dom. Regi, altera vero. inde medietas esset illi qui proinde prosequi voluerit per actionem debiti, billam, querelam, sive informationem in aliqua curia Domini Regis, ubi nullum essonium, protectio, vadiatio legis, sive injunctio allocabitur; (prout in statuto praedicto inter alia plenius continetur) Quidam tamen R. M. de S. in Comit. praed. gener. statutum praedict. minimè ponderans quandam actionem inter quendam W.P. & I.W. de placito debiti in Curia Domini Regis Comitatus D. in Comitatu ejusdem Civitatis in Thelonio ejusdem Civitatis coram H. M. Majore Civitatis illius pendent. pro parte dicti W.P. versus praedictum I.W. die etc. judgement, Fine of 10.l. & imprisonment. anno etc. apud praedictam civitatem D. in Comitat. praedict. manutenuit & sustentavit; in justitiae manifestam retardationem & disturbationem, ac in dicti domini regis nunc contemptum, & contra formam statuti praedicti. 20. The like Indictment without reciting the statute. IUratores pro Domino rege etc. dicunt & praesentant, quòd cum quoddam placitum de debito penderet in Curia Dom. Regis Civitatis D. in Comitatu ejusdem Civitatis inter W.P. querentem & I.W. defendentem coram H.M. Majore & A.B. & C.D. vicecomit. ejusdem Civitatis, Quidam R.M. de Q. in Com. praedict. gen. leges & statuta dicti domini Regis hujus Regni Hiberniae minimè ponderans, pro parte dicti W. P. versus praedictum I.W. in placito praedicto, die etc. anno etc. apud praedictam Civitat. D. in Com. praed. illicitè manutenuit & sustentavit; judgement, ut supra. in justitiae manifest. retardationem & disturbationem, in dicti Domini Regis nunc contemptum, & contra formam statut. in hujusmodi casu edit. & provis. An information may also be framed upon the said statute mutatis mutandis. 21. For Maintenance in an Assize of Novel disseisin, for to have the Moiety of the Land in question, and an hundred pounds in money. IVr. pro Dom. reg. praesentant etc. quòd I.C. T.C. ac I.P. de O. in Com. E. yeomen, ac alij de confederatione & covina praedictor. I.C.T.C. & I.P. existen. quoddam placit. Assisae novae disseisinae quod nuper summon. fuit in Cur. dict. dom. reg. coram dilectis & fidelibus dict. dom. Reg. I.S. & I.R. & alijs nuper justic. ipsius dom. reg. ad assis●m illam capiend. assignatis per breve ipsius dom. Reg. inter W.S. querent. & I.H. tenentem, de quodam libero tenemento in N. & S. in Com. E. praed. viz. pro medietate inde sibi & haeredibus suis in perpetuum, & pro 100.l. sterling, in pecunia numerata in hac parte habenda per conventionem inde inter praed. W. S. & praefatos I.C. T.C. & I. P. 20. die mensis Augusti, Anno regni dicti domini Regis nunc duodecimo apud C. praedict. in dict. Comit. fact. pro praedict. W.S. contra praefat. I.H. dict. die, anno, & loco assumpser. manutenend. & manutenuerunt; In magnam dict. Dom. Reg. contemptum, judgement, ut supra. ac contra formam diversorum statutorum in hujusmodi casu provis. ac edit. 22. For Maintenance upon the statute of Anno 10. Caroli in Hibernia against one for maintaining in an Action of debt. IUratores etc. praesentant, quòd cum in statuto in Parliamento Domini Regis nunc, tent. vicesimo sexto die januarij, Anno Regni sui decimo, & ibidem per diversas prorogationes, usque ad 24. diem Martij tunc proxim. sequent. prorogat. & continuat. & tunc ibidem tent. per dictum Dominum Regem, cum assensu dominor. spiritualium et temporalium ac communitatis in èodem Parliament. congregat. necnon authoritate ejusdem Parliamenti, inter alia adtunc & ibidem inactitat. existit, Quòd nulla persona sive personae (cujuscunque status, gradus sive conditionis ipse vel ipsi fuerit sive fuerint) extunc de caetero illicitè manuteneret sive manutenerent, aut causaret sive causarent, procuraret sive procurarent aliquam illicitam manutenentiam in aliqua actione, demanda, secta, sive querela in aliqua Curia domini regis Cancellariae, Camerae Castelli, aut alibi infra Regnum Hiberniae, ubi aliqua persona sive aliquae personae habent, seu extunc imposterum haberent authoritatem virtute commissionis Domini Regis literarum patentium vel brevis ad tenend. placita terrae, vel ad examinand. audiend. sive determinand. aliquem titulum de terra, sive aliquam materiam, vel testes concernent titulum, jus, vel interest aliquar. terrar. tenement. sive haereditament. Ac etiam quòd nulla persona sive personae (cujuscunque status, gradus, vel conditionis, ipse vel ipsi, fuerit, siuc fuerint) extunc in futurum, illicitè retineret sive retinerent, pro manutentione alicujus sectae sive placiti, aliquam personam aut aliquas personas, sive imbrasiaret vel imbrasiarent aliquos liberos tenentes vel juratores, aut subordinaret aliquos testes per literas, munera, promissa, sive aliquem alium sinistrum laborem vel medium ad manutenendum aliquàm materiam sive causam, aut ad disturbationem vel impediment. justice. vel ad procuration. sive occasion. alicujus perjurij per falsum veredictum aut aliter, in aliquibus Curijs antedictis, sub poena forisfaciendi pro qualibet hujusmodi offensa 10.l. quarum una medietas esset dom. Regi, altera vero illi qui pro eadem prosequi voluerit per actionem debiti, billam, querelam, sive information in aliqua Curia dicti domini Regis, ubi nullum esson. protect. vadiat. legis, sive injunctio allocabitur, (prout in statut. praedict. inter alia plenius continetur) Quidam tamen T.L. statut. praed. minimè ponderans, quandam actionem (quae fuit in Curia Dom. Reg. coram justiciarijs suis de banco inter quendam R.B. querent. & quendam T.D. defendant. de placito debiti,) pro parte dicti R.B. versus praef. T.D. 27. die junij, Anno regni dom. reg. nunc Angliae etc. tertio, apud S. in praedict. Comitat. E. manutenuit & sustentavit; judgement, Fine of 10.l. & imprisonment. in justitiae manifestam retardationem & disturbantiam, ac in dicti Dom. regis nunc contemptum, & praed. T.D. grave damnum, ac contra formam statut. praedict. etc. 23. An Indictment for buying of a pretended Title upon the statute of 10. Caroli cap. 15. in Ireland. IUr. etc. dicunt & present. quòd cum in quodam Parliamento domini Regis nunc, anno Regni sui decimo tent. inter alia inactitat. fuit authoritate ejusdem Parliamenti, quòd nulla persona vel personae (cujuscunque status, gradus, seu conditionis fuerit vel fuerint) barganizaret vel barganizarent, emeret vel emerent, venderet vel venderent, vel aliquibus vijs vel medijs obtineret vel obtinerent, acquireret vel acquirerent, haberet vel haberent aliqua praetensa jura aut titulos, seu caperet vel caperent promissionem, concessionem, vel conventionem ad habendum aliquod jus vel titulum de aliqua persona vel personis in vel ad aliqua maneria, terras, tenementa, vel haereditamenta, nisi talis persona vel personae, quae sic barganizaverit vel barganizaverint, vendiderit vel vendiderint, dederit vel dederint, concesserit vel concesserint, convenerit vel convenerint seu promiserit vel promiserint eadem, antecessores fui, aut illi per quos ipse vel ipsi clamant eadem, fuerunt in possessione de eisdem vel de reversione sive remanere inde, aut perceperint redditus vel proficua inde per spatium unius anni integri proximi ante praedict. barganiam, conventionem, concessionem, vel promissionem fact. sub poena quòd ipse qui fecerit aliquam talem barganiam, venditionem, promissionem, conventionem, vel concessionem, forisfaceret integrum valorem terrarum, tenementorum, vel haereditamentorum sic barganizator. venditorum, promissorum, conventorum, vel concessorum contra formam ejusdem Actus Parliamenti: & emptor vel captor inde, cognoscens eadem, forisfaceret etiam valorem dictorum terrarum, tenementorum, vel haereditamentorum sic per ipsum emptorum vel captorum, ut supradictum est, unde una medietas dictar. forisfacturarum foret Domino Regi, & altera medietas parti quae sequi voluerit pro eisdem in aliqua Curia Domini Regis de Recordo per actionem debiti, billam, querel. vel informationem: in quibus actione, billa, querela, vel informatione nullum essonium, protectio legis, vadiatio, neque injunctio esset allocat. (prout in eod. Actu, inter alia, pleniùs continetur) Quidam tamen A.B. & C.D. de E. in Com. F. praedict. yeomen, statut. praedictum minimè ponderantes, post editionem Actus illius, viz. die etc. anno etc. unum mesuagium & undecim acras terrae in H. in Com. praedict. de valour centum librar. apud H. praedict. quibusdam R.M. & G.P. & haeredibus suis barganizaver. concesser. & confirmaver. de quibus quidem tenementis ijdem A.B. & C.D. nec aliquis antecessorum suorum, judgement, Fine to the value of the lands, and imprisonment: but this judgement is to be given by justices of assize, and not by justices of Peace. nec illi per quos iidem A.B. & C.D. clamant eadem tenementa, fuerunt in possessione de eisdem nec de reversione vel remanere inde, neque perceperunt, nec eorum aliquis percepit redditus vel proficua eorund. per spatium unius anni integri proximi ante praedict. barganiam & concession. inde factas; in contemptum dicti Domini Regis, & contra formam statut. praedicti. 24. An Indictment for the maintaining of one in an Action of Formedon en descender. IUratores pro Dom. Rege praesentant etc. quòd cum in quodam Parliamento Richardi secundi nuper Regis Angliae etc. ordinatum existit, quòd nulla persona de regno dom. Reg. (cujuscunque status, gradus sive conditionis fuerit) aliquam querelam in aliqua Curia nec alibi manuteneat nec sustineat, super poenam imprisonamenti & faciend. Domino Regi finem & redemption. ad voluntatem ipsius Dom. Reg. Quidam tamen P.M. de P. in Com. N. yeoman, statut. praed. minime ponderans, quandam querelam cujusdam loquelae quae est in Curia dicti Dom. Regis nunc, coram justic. dict. dom. Regis de communi Banco per breve ipsius dom. Regis de forma donationis en descender inter R. G. petent. & N. A. tenent. de quinque acris terrae etc. cum pertin. in C. pro parte ipsius N. tenend. 2. die Aprilis, anno etc. apud N. in Com. praed. manutenuit & sustentavit, judgement, Fine, imprisonment, and Ransom. & adhuc sustentat; in dict. dom. Regis nunc contempt. ac contra formam statut. in hujusmodi casu edit. & provis. & contra pacem dicti Domini Regis etc. 25. For Embracery of jurors. IUratores praesentant pro Dom. Rege, etc. quòd A.B. C.D.E.F. & G.H. etc. complices I.K. (naming all the jurors) etc. jurat. in quadam Assisa novae disseisinae quae nuper summonita fuit coram dilectis & fidelibus dicti domini Regis I.B. I.C. & N.C. nuper justiciarijs dicti Domini regis nunc ad Assisam illam capiendam, per Breve ipsius domini regis inter W.S. & I. H. de tenementis in N. in Comitatu praedicto, pro veredicto suo in hac parte dicend. de praefato I.H. diversas pecuniarum summas, viz. praed. A.B. de praedicto I.H. 40. s. & alia dona, scil. panem, carnes, & vinum, ad valentiam 20. s. Et praedict. I. K. Imbraceator ejusdem assisae ad eandem ducend. & procurand. de praenominato W.S. summam decem mercarum vicesimo die Augusti, Anno Regni dicti domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensoris etc. 13. apud M. praed. in Comit. praedicto illegitimè ceperunt: In dicti domini Regis nunc contemptum, ac contra formam cujusdam statuti in Parliamento domini Edwardi olim Regis Angliae tertij, judgement, dicies' tantum. Anno Regni sui tricesimo octavo tento, & al. statut. in hujusmodi casu provis. ac edit. & contra pacem etc. 26. An Indictment upon the statute of 28. Edw. 3. cap. 12. against Imbracery of jurors. IUratores pro Domino Rege dicunt & praesentant, etc. quòd cum in Parliamento Domini Edwardi nuper Regis Angliae progenitoris domini Regis nunc, Anno Regni sui 38. tento inter caetera concordatum existit, quòd si aliqui juratores in assisis jurat. & alijs Inquisitionibus capiend. inter dominum Regem & partem, vel inter partem & partem, quicquam capiant per ipsos vel per alios de parte conquerent. vel defendant. pro veredicto suo dicendo, & super hoc per processum in quodam Articulo de juratis, Anno Regni ejusdem progenitoris domini Regis nunc 34. fact. ordinat. convincatur, sive sit ad sectam partis aut alterius cujuscunque personae quae pro dom. Rege aut pro seipso prosequi voluerit, solvat quilibet dictorum jurator. decies tantum quantum ipse recepit, & habeat ille qui facit sectam unam medietatem & Rex alteram medietatem: Et quòd omnes communes imbraciatores ducen. & procuran. tales inquisitiones in patria pro lucro vel proficuo puniantur eisdem modo & forma sicut juratores: & si Iurator vel Imbraciator ita convictus non habeat unde in forma praedicta satisfaciat, habeat prisonam unius anni (prout in ordinatione & concordia praed. pleniùs continetur) Quidam tamen T.H. & I.B. de A. in Com. D. complices I.C. & jurat. in quadam Assisa novae disseisinae quae nuper summonita fuit coram dilectis & fidelibus domini Regis A. B. & C. D. justiciarijs domini Regis ad Assisas in Comitatu D. capiendas assignat. per Breve ipsius dom. Regis inter W.S. & I.H. de tenementis in N. pro veredicto suo in hac parte dicendo, de praefato I.H. diversas pecuniarum summas, judgement, Fine of ten times the value of that received against the juror, and Fine and imprisonment against the Embraces. viz. praedictus T.H. de praedicto I.H. 40. s. & alia dona scil. panem, carnes, pisces, vinum & cervisiam ad valenc. 40. s. Et praed. I.B. de praed. I.S. 10. s. sterl. Ac I.S. de A. praed. imbraciator ejusdem Assisae ad eand. ducend. & procurand. de praefato I.H. diversas pecuniarum summas, viz. centum marcas die etc. anno etc. apud B. ceperunt; in dicti domini regis contemptum, ac contra formam ordinationis & concordiae praedict. etc. & contra pacem, etc. 27. An Indictment upon the statute of Anno 38. Ed. 3. against divers jurors in an Assize for taking of rewards to give their verdict, and also against an imbraceour in the same Assize. IUrator. present. pro Domino Rege etc. quòd A.B. C.D. E.F. G.H. etc. complices I.K. (naming all the jurors) etc. jurat. in quadam Assisa novae disseisinae quae nuper summonita fuit coram dilectis & fidelibus dict. Dom. Reg. I. B. I. C. & N. C. nuper justiciar. dicti dom. Reg. nunc ad assisam illam capiendam per Breve ipsius Dom. Reg. inter W. S. & I. H. de tenementis in N. in praed. Com. E. & postmodum viz. die Lunae etc. anno etc. coram praef. I. B. I. C. etc. apud M. in Comitatu E. praed. per Breve ipsius Dom. Reg. si non omnes capt. posit. pro veredicto suo in hac parte dicendo, de praef. I.H. diversas pecuniar. summas, viz. A. B. de praedict. I. H. 40. s. & alia dona, scil. panem, carnes, & vinum ad valentiam 20. s. illegitimè ceperunt; Et praedictus I. K. (Imbraceator ejusdem Assisae ad eandem ducendam, & procurandam) de praenominat. W. S. summam decem marcar. 20. die Aug. anno Regni dicti Domini nostri Carol. Dei gratia Angliae, Franc. & Hiberniae Regis, fidei defensoris, etc. quinto, apud M. praed. in Com. E. praed. illegitimè ceperunt; Indict. Dom. Reg. nunc contemptum, ac contra formam ejusdem statuti in Parliamento dom. Edwardi olim Regis Angliae tertij, judgement, ut supra. anno reg. sui tricesimo octavo, tento, in hujusmodi casu provisi ac edit. 28. For Extortion in a Coroner. INquiratur pro Domino Rege si A.C. de B. in dicto Com. generosus, 6. die junij, Anno Regni dicti Domini nostri Caroli Dei gratia Angliae, Scotiae, Franciae & Hiberniae Regis, fidei defensoris, etc. 13ᵒ. unus Coronator. dicti Domini regis in dicto Comitatu adtunc existens, apud B. praedictam in Comitatu praedicto, colore officij praedicti, extorsive cepit pro feodo suo 20. solid. de quodam I.S. in dicto Com. generoso in & pro functione & executione officij sui praedicti super visum corporis R.N. nuper de B. praedicta in comitatu praedicto (qui quidem R.N. quinto die dicti mensis junij, anno supradicto, apud B. praedict. in comitatu praedict. casu ab equo suo, per infortunium fuit occisus) in magnum dicti domini Regis contemptum, judgement, Fine of 5.l. and imprisonment. ac contra formam statut. in hujusmodi casu provis. ac edit. & contra pacem etc. 29. For extortion in a Bishop's Scribe or Register. IVratores praesentant pro Domino Rege etc. quòd A. B. de C. in dicto Comitatu generosus, primo die mensis Augusti, Anno Regni dicti Domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensor. etc. 13. adtunc Scriba sive Registrarius reverend. in Christo Patris, D. tunc permissione divina Dublinensis Episcopi existens apud M. in Comitatu praedicto, colore officij sui praedicti, extorsiuè ac injuriosè cepit de quodam I.S. de M. praedict. in dicto Comit. Husbandman, 20. s. legalis monetae Angliae pro feodo ipsius A. B. pro scriptione probationis unius testamenti cujusdam R.N. (qui quidem R.N. apud M. praedict. infra dioecesin dicti D. Episcopi 24. die julij anno supradicto mortuus est) ubi revera idem testamentum tunc ibidem allatum est ad dictum Scribam (sive Regist.) per dictum I.S. in pergameno scriptum, & ubi omnia bona, jura, & credita dicti R. N. dicto tempore dictae mortis suae non excedebant summam 5. l. & ubi etiam tota dicta scriptio probationis testamenti praedicti, per praefat. scribam (sive Regist.) sic ut praefertur facta, judgement, Fine of 10.l. & imprisonment. non continebat in se 40. lineas, quarum quaeque linea erat decem pollicium in longitudine; In magnam dicti Domini regis contemptum, ac contra formam statut. in hujusmodi casu provis. ac edit. 30. An Indictment of Extortion against a Gaoler upon the statute of 23. H. 6. cap. 10. IUratores pro Domino Rege dicunt & praesentant, quòd cum in statuto in Parliamento Domini Henrici sexti nuper Regis Angliae apud Westm. Anno Regni sui 23. tento, edit. & postea in hoc Regno Hiberniae authoritate Parliamenti confirmato, inter alia contineatur, quòd nullus vicecomes, subvicecomes, Clericus vicecomitis, vel subvicecomitis, Seneschallus libertat. ballivi, custodes prison. aut alij officiarij in aliquo Comitatu, occasione seu colore officij sui aliquid aliud capiant per se nec per aliquam aliam personam ad eorum usum vel proficuum de aliqua persona per ipsos vel eorum aliquem arrestand. vel attachiand. nec de aliquo alio pro eis pro aliquo arresto vel attachiamento faciend. pro eorum corpora dimittend. seu de aliqua persona per ipsos vel eorum aliquem virtute seu colore officij sui arrestat. vel attachiat. pro fine, feodo, secta, prisonae, manucaptione, dimissione ad ballium, vel monstratione alicujus aisiamenti vel favoris alicui tali personae sic arrestat. vel arrestand. pro eorum regarda seu proficuo, nisi talia qualia sequuntur, videlicet, pro vicecomite 20. d. pro ballivo qui fecerit arrestum vel attachiamentum 4. d. & pro Gaolario (si prisonarius fuerit custodiae suae commissus) 4. d. & quod quilibet vicecomes, Subvicecomes, clericus, ballivus, Gaolarius, Coronator, Seneschallus, Ballivus Franchesiae, vel alius officiarius, seu minister qui fecerit contrarium statuti praedicti vel alicujus articuli inde, perdat parti in hac parte damnificatae seu gravatae tripla damna sua; & forisfaciat summam quadraginta librarum toties quoties contrarium statuti praedicti vel alicujus articuli inde fecerit, unde Dominus Rex habeat unam medietatem ad usum hospitij sui, & nullo alio modo disponend. & pars quae in hac parte sequi voluerit aliam medietatem (prout in eod. statut. pleniùs continetur) Cumque etiam I.L. de M. per W.P. & W.D. justiciarios domini Regis nunc ad pacem in Comit. praedict. conservand. assignat. pro suspicione mortis cujusdam I.G. felonicè interfecti captus fuisset, & per ipsos eod. die & anno commissus fuit R.A. Custodi Gaolae Domini Regis Comitatus praedicti sub custodia ipsius R.A. pro suspicione praedicta saluò custodiend. Idemque I.L. in prisona illa sub custodia praedicti R.A. à praedicto tempore quo commissus fuit ad gaolam praedict. per novem septimanas tunc proximè sequentes pro ead. suspicion sub custodia praedicti R.A. detentus fuisset, praedictus tamen R.A. statutum praedictum & poenam in eod. content. parvi pendens, octo libras sterl. de eod. I. L. pro aisiamento, favore, & secta prisonae in Gaola praedicta per idem tempus habend. judgement, Fine of 40.l. & imprisonment. die etc. Anno etc. apud E. recepit; in contemptum domini Regis nunc, ac contra formam statut. praedict. etc. & contra pacem etc. 31. An Indictment of Extortion against a Sheriff upon the said statute of 23. H. 6. cap. 10. IUratores pro Dom. Rege etc. dicunt & praesentant, quòd cum in statuto in Parliamento Domini Henrici sexti nuper Regis Angliae apud Westm. Anno Regni sui 23ᵒ. tent. edit. ac postea in hoc regno Hiberniae authoritate Parliamenti confirmato, inter caetera contineatur, quòd nec Vicecomes, Subvicecomes, Clericus vicecomitis, Seneschallus, sive ballivus Franchesiae, sive serviens aut ballivus, nec Coronator aliquid capiat colore officij sui per ipsum nec per aliquam aliam personam ad ejus usum de aliqua persona pro factura alicujus return. vel panelli, pro copia unius panelli ultra quatuor denarios: Et quòd omnes vicecomites, Subvicecomites, Clerici, Ballivi, Gaolarij, Coronatores, Seneschalli, Ballivi Franchesiarum, vel aliqui alij officiarij aut ministri qui faciunt in contrarium hujus ordinationis in aliqua parte ejusdem, perdant parti in hac parte damnificatae aut gravatae damna sua in triplum; & forisfaciant summam quadraginta librarum quolibet tempore quo ipsi vel aliquis eorum facient vel faciet in contrarium ejusdem statuti sive alicujus articuli inde, unde Dominus Rex habeat unam medietatem ad usum hospitij sui, & nullo alio modo applicand. & pars quae hoc sequi voluerit, aliam medietatem (prout in eod. statuto pleniùs continetur;) Cumque etiam A.B. de D. nuper in Curia Domini Regis nunc, coram I.B. & socijs suis tunc justiciarijs ipsius Domini Regis de Banco per considerationem ejusdem Curiae recuperasset versus C. D. centum libras pro damnis suis quae sustinuit tam occasione cujusdam disseisinae viginti marcarum redditus cum pertinentijs in S. eidem A.B. per praefatum C. D. illat. quam pro arreragijs ejusdem redditus, sicut per Recordum & processum inde (quae Dominus Rex nunc certis de causis in Curiam suam coram eo, per Breve suum de Errore corrigendo, venire fecit, & quae in Curia ejusdem Domini Regis coram ipso Rege restant) constat manifestè, Ac praedictus A.B. postea in dicta Curia Dom. Regis coram ipso rege, pro executione praedictarum centum librarum habend. eligisset sibi liberari omnia bona & catalla praedicti C.D. (praeter boves & affros de carruca sua) necnon medietatem omnium terrar. & tenementorum ejusdem C.D. per rationabile pretium & extentum sibi & assignatis suis, juxta formam statut. in hujusmodi casu provis. quousque praedictas centum libras inde plenariè levasset, Quidam tamen R.S. nuper vicecomes Comitatus praedicti statutum praedictum minimè ponderans, de praefato A.B. pro factura retorni praedicti Brevis dom. Regis de judicio de Elegit, praefato nuper vicecomiti per nomen vicecomitis de S. directi, ad omnia bona & catalla praedicti C.D. in balliva praedicti nuper vicecomitis de S. (praeter boves & affros de carruca sua) necnon medietatem omnium terrarum & tenementorum ejusdem C. D. in dicto Com. ejusdem nuper vicecomitis S. per rationabile pretium & extentum praefat. A.B. liberari faciend. tenend. sibi & assignatis suis juxta formam statuti nuper in hujusmodi casu provisi, Quousque idem A. B. praedictas centum libras inde plenariè levaverit ad sectam praedicti A.B. in Curia domini Regis nunc coram ipso rege, die etc. anno etc. versus praefatum C. D. apud W. prosecut. & in dicta Curia Domini Regis coram ipso Rege ad certum diem in eod. Brevi content. viz. à die etc. tunc proximè sequent. per praefatum R. tunc vicecomitem praedicti Comitatus S. nomine ipsius nuper vicecomitis apud D. retornat. 20. die junij, Anno etc. (ipso R. tunc vicecomite dicti Comitatus existente) quadraginta solidos apud W. colore officij sui vicecomitis pro retorno Brevis praed. recepit; judgement, 〈◊〉 supra. in dicti Domini regis nunc contemptum, ac contra formam statut. praedict. & contra pacem, etc. These two last Precedents may also be prosecuted by Information mutatis mutandis. 32. An Indictment against the Bailiff of a Landlord for exacting of the Tenant an Irish exaction called Loghtavie. IVrat. etc. quòd A. B. de C. in Com. D. yeoman, ballivus cujusdam I.S. armigeri, die etc. anno etc. apud E. in Com. praed. viginti solid. legalis monetae current. in hoc regno Hiberniae, colore officij sui praed. clamando eosdem viginti solid. ei pertinere pro quadam Hibernica exactione, judgement, Fine, and imprisonment. communiter vocat. Loghtavie, extorciosè, & contra legem hujus regni Hiberniae exegit & recepit; contra pacem etc. 33. An Indictment against a Sheriff for dividing of one entire contract into several plaints. IVratores pro Dom. Rege, etc. dicunt & present. quòd cum A.B. die etc. anno etc. mutuavisset & accommodasset cuidam C. D. quinque libras sterl. solvend. eid. A. B. cum inde requisite. fuiss. Quidam E. F. de D. in Com. praedicto Armiger nuper vic. Com. D. die etc. anno etc. in Curia sua Vicountali Com. praedict. tenta apud D. praed. pro recuperatione debiti praed. eid. A.B. in eadem curia (praedict. E. F. adtunc vic. Com. praed. existen.) scientèr, subdolè, fraudulentèr, & malitiosè intravit tres separales querelas versus praed. C. D. qualibet querelar. praed. continente triginta & tres solid. & quatuor denarios, sic dividendo unum integrum Contractum in diversas actiones & querelas; in deceptionem subditorum dicti Domini Regis, judgement, ut supra. ac in perversionem justitiae hujus Regni, & magnum praejudicium praed. C. D. ac in contempt. dicti Domini regis, & contra pacem etc. The like Indictment may be framed against the Subsheriffe or Sheriff's Clerk, or against the Seneschal of any Court Baron mutatis mutandis. 34. An Indictment of Extortion against a Gaoler for taking Fees for the receiving of a prisoner committed to him. IVratores etc. praesentant, quòd cum A.B. die etc. anno etc. per I.S. Constabularium de B. in Com. D. deliberatus fuit I. B. de C. in Com. praed. custodi Gaolae Com. P. praed. pro suspicione cujusdam feloniae per ipsum A.B. perpetrat. praedict. tamen I.B. adtunc Custos & Gardianus gaolae praed. existens, apud K. in Com. praed. duodecim denarios sterl. pro receptione praedicti A. B. in gaolam praed. judgement, ut supra. de praed. I. S. injustè & per viam extortionis cepit, contra formam statuti in hujusmodi casu edit. & provis. & contra pacem etc. 35. An Indictment of Extortion against the Clerk of the Peace, for taking excessive Fees for enrolling an Indenture of bargain and sale. IVratores pro Dom. Rege super sacramentum suum dicunt & praesentant, quòd cum in Parliamento Dom. Regis nunc Caroli apud Castrum Dublin. die Martis, viz. quarto die Novembris, Anno regni sui Angliae, Scotiae, Franciae, & Hiberniae decimo, tento, inter caetera, ordinatum, stabilitum, & inactitatum fuit, quòd Clericus pacis pro Irrotulamento alicujus Indenturae barganizationis & venditionis caperet pro Irrotulamento ejusdem, ubi terrae in eadem Indentura comprisatae non excedunt annuum valorem quadraginta solidor. duodecem denarios: & ubi terrae in eadem Indentura comprisatae excedunt summam quadraginta solidor. in annuo valour, duos solidos & sex denarios: Quidam tamen I. S. de D. in Com. praed. generosus, die etc. anno etc. tunc existens Clericus pacis Com. praed. colore officij sui praed. apud D. praed. in Com. praed. pro Irrotulamento cujusdam Indenturae de barganizatione & venditione quarundem terrarum in Indentura praed. comprisatar. ubi terrae in eadem Indentura comprisatae non excedunt annuum valorem quadraginta solid. à quodam B. D. injustè & per viam extortionis duos solidos cepit & exegit; judgement, ut supra. contra formam statuti praed. & contra pacem etc. The like Indictment may be made against a justice of Peace for taking more than his due Fee mutat. mutandis. 36. An Indictment of Extortion against the Clerk of the Market. IUrator. etc. quòd I. S. de D. in Com. praed. gen. Clericus Mercat. in & per totum Com. D. praed. die etc. anno etc. apud D. in Com. praed. in consideratione decem solid. ei solut. per I.S. de D. in Com. praed. mercatorem, voluntariè & scientèr, falsò & subdolè, in magnam deceptionem quamplurimorum subditorum Domini Regis apud D. praedict. permisit praed. I. S. habere, custodire, & uti falsis mensuris & ponderibus, viz. etc. & ead. falsa pondera & mensuras cum sigillo officij sui ut bona & vera pondera & mensuras apud D. praed. die & anno praed. falso & subdolè sigillavit; judgement, ut supra. in magnum praejudicium dicti Domini Regis, & populi sui deceptionem, ac contra pa●em Domini Regis etc. 37. An Indictment against a Mayor, etc. for taking excessive Fees for sealing of weights and measures, upon the stat. of 7. H. 7. cap. 3. IVrator. etc. quòd cum in statuto H. 7. nuper Regis Angliae edito in Parliamento suo tento apud Westm. Anno Regni sui 7. inter alia ordinat. stabilit. & enactat fuit, quòd capitalis officiarius cujuslibet Civitat. villae sive Burgi haberet speciale sigillum ad sigilland. quodlibet pondus & mensuram sibi adduct. sine defalta seu dilatione. Et quòd caperet pro labore suo pro sigillatione cujuslibet mensurae vocatae a Bushel, unum denarium, & cujuslibet alterius mensurae unum obulum, de quolibet Centussi unum denarium, de quolibet semicentussi unum obulum, & de quolibet alio minore pondere unum quadrant. & non amplius, sub poena forisfacturae pro quolibet tempore quo recusaret aut faceret in contrarium 40. s. Quidam tamen A.B. de C. etc. Major & capitalis Officiarius villae de D. in Com. praedicto statut. praedict. & poenam in eod. content. minimè curans, judgement, Fine of 40. s. & imprisonment. die etc. anno etc. apud D. praed. duos denarios pro sigillatione cujusdam mensurae vocatae a Bushel de quodam I.S. colore officij sui praed. (tunc Maior & capitalis officiar. existens) injustè & extortiosè cepit; contra formam statuti praedicti, & contra pacem etc. 38. For Extortion by an Escheators servant, in breaking and entering into a dwelling house, and for seizing and taking out of the same certain Leather by colour of his office. IVratores pro Domino Rege praesentant etc. quòd Rob. Bennet, de P. in Com. E. praedicto yeoman, serviens & minister cujusdam B.T. Escheat. dicti dom. Reg. Com. praed. 15. die julij etc. apud W. in Com. praed. domum mansionalem cujusdam joh. M. fregit & intr. & 6. tergora corij voc. 6. Hides of Green Leather, ad valentiam 8. l. & 6. duodenas pell. vitulor. voc. 6. dozen of calf's skins, ad valentiam 4. l. 10. s. quae quidem tergora & pell. adtunc & ibidem invent. colore officij sui die & anno praed. extorsiuè & injustè cepit, judgement, Fine, and imprisonment. seisivit, & asportavit; ad grave damnum ipsius I. contra leges & ordinationes dict. dom. Regis hujus regni sui, & contra formam diversor. statutor. in hujusmodi casu edit. & provis. 39 An Indictment of Extortion against an Escheator. INquir. pro Dom. Rege si R.G. nuper de C. in Com. D. generosus die & anno &c. colore officij suj Escheatoris in Con. D. praed. apud E. in Con. praed. exegit & extorsiuè cepit de Griffino R. novem modios tritici ad valentiam 23. s. 4. d. de bonis & catallis dicti Griff. ad perniciosum exemplum alior. malefact. ad grave damnum ipsius G. & contra formam diversorum statut. etc. & contra pacem etc. judgement, ut supra. 40. An Indictment against one for buying Corn in the Market having sufficient store of his own, grounded upon the statute of 8. Ed. 4. cap. 2. in Ireland. IUrat. etc. dicunt & praesentant, quòd A.B. de C. in Com. D. yeoman, die etc. anno etc. habens sufficientem copiam & provisionem granorum suorum proptiorum apud D. in Com. praed. in communi marcato ibid. emit viginti mensuras (vocatas Barrels) tritici de diversis subditis Domini Regis; judgement, Fine and imprisonment. contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 41. Another Indictment upon the same statute. IVrat. etc. dicunt & present. quòd A.B. de C. in Com. D. yeoman, die etc. anno etc. apud D. in Com. praed. in Communi marcato ibidem vendidit viginti mensuras frumenti diversis subditis dicti domini Regis, quae quidem viginti mensurae frumenti idem A.B. antea viz. die etc. anno etc. apud C. in Com. etc. in communi marcato ibidem de diversis subditis emerat; judgement, ut supra. contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 42. For forestall the market, and buying saltfish by the way in coming to the Market. IUratores etc. pro Dom. Reg. praesentant, quòd cum R.N. de Civitate N. in Com. Civit. N. Mercator possessionatus fuit de mille salsament. ut de suis bonis proprijs, quidam I.T. de Civit. N. praed. Fishmonger, tertio die etc. apud N. praed. in Com. praed. Civit. N. & diversis alijs diebus tam antea quam postea, praefat. R.N. tunc & ibidem obviand. cum dictis mille salsament. venient. erga mercat. Civit. praed. in Com. praed. ad praed. mille salsam. ibid. vendend. ipse idem I.T. de praef. R.N. adtunc & ibid. extra mercatum ill. salsament. praed. emit & forestellavit, per quod praed. R.N. praed. mille salsam. ad mercat. praed. non adduxit: judgement, ut supra. in contempt. Dom. Reg. ac contra formam diversorum statut. in hujusmodi casu edit. & provis. ac contra pacem dict. Dom. Reg. 43. For engrossing of Barley growing upon the ground, to the intent to sell it again. INquiratur pro Dom. Rege si A.B. de M. in Com. etc. die & anno &c. apud N. in Parochia Sancti johan. infra Ward. Berstret, in Com. Civitat. N. emisset totum hordeum crescens super viginti acr. terrae apud M. in praed. Com. N. ad intentionem dictum hordeum revend. contra formam statut. in hujusmodi casu edit. & provis. ac contra pacem dicti Dom. Regis. judgement, ut supra. 44. For buying and engrossing of forty quarters of Wheat, to the intent to sell it again. INquiratur etc. si I. C. de etc. Dyer, tertio die I. anno etc. apud N. in Com. M. ac diversis alijs diebus, tam ante quam post, diversa grana viz. 40. quarterias tritici etc. ad valent. etc. emit & engross. & in manibus suis tenuit, ea intentione ad revendendum grana praedicta; judgement, ut supra. contra formam statut. in hujusmodi casu edit. & provis. in contempt. etc. ac contra pacem dicti dom. Reg. etc. 45. For regrating of Corn in a Market. INquir. pro etc. si W. T. de N. in praed. Com. E. & A.B. etc. 1. die etc. & quamplurimis alijs diebus, antea & postea, fuer. regrat. mercat. de D. in praed. Com. E. ac diversa genera granor. ad mercat. praed. per diversos ligeos dict. dom. Reg. illuc advenientes adductorum, viz. 10. quart. frumenti ad valentiam 6. l. apud D. praed. in praed. Com. E. regrataver. ad intention. quòd idem frum. iterum venderent; judgement, 〈◊〉 supra. ad grave damnum populi dict. dom. Reg. contra formam statut. in hujusmodi casu edit. et provis. et contra pacem etc. 46. For regrating of Fish and Butter in a Market, and selling of it in the same Market. IVr. pro Domino Rege praesentant etc. quòd A. B. de C. in dict. Com. S. Mercer, 20. die julij Anno Regni Dom. Regis nunc Dei gratia, Angliae, Franciae, & Hiberniae reg. fidei defensor. etc. decimo, apud C. praed. in Com. E. praed. in quodam mercat. tunc ibidem tento pro 40. solid. monetae emit, regratavit, obtinuit, & nactus est in possession. & manus suas 10. paria piscium (Anglicè dict. ten couples of ling,) & tria vasa butiri salsi (Anglicè vocat. three Firkins of salt butter) de quodam E.F. qui praed. 10. paria pisc. ac dicta tria vasa butiri ad eund. mercatum ut ea adtunc ibid. vender. adduxisset, & quòd immediatè posteà, scil. dicto 20. die anno suprad. idem A. B. in dicto eod. pleno mercat. tunc ibid. apud C. praed. in dictò Com. E. tento, eadem omnia dicta paria piscium, ac butiri vasa cuidam H.R. pro 50. s. legal. monetae dicti dom. Reg. hujus regni sui illicitè vendidit; judgement, ut supra. in magnum Reipublicae damnum, ac contra formam statut. in hujusmodi casu provis. & edit. & contra pacem etc. 47. An Indictment for engrossing of Corne. INquiratur etc. si R. L. nuper de T. in Com. L. yeoman, & H. D. nuper de N. in Com. praed. yeoman, 20. die junij, anno etc. apud B. & T. in Com. praed. emerunt & regrataver. de T.S. R.R. & alijs ligeiss dom. reg. 50. quarter' frumenti pretij 15. l. & al. frument. & hord. in domibus mansion. suis ut regratores mercat. dict. domini Reg. accumulaver. & custodiver. ea intentione ut frument. hord. & alia grana sub suis custod. ad suum libitum exponer. & vendere potuerunt, judgement, ut supra. ob quod grana in mercat. & villis Com. praed. multipliciter cariora & rariora forent, in grave damnum populi dom. Reg. ac contra formam statut. in hujusmodi casu edit. & provis. 48. For slandering of the King and Nobility. INquiratur pro Dom. Reg. si R. B. nuper de C. in Com. D. yeoman, Deum prae oculis suis non habens, sed instigatione diabolica seduct. ac ligeantiam suam erga dict. Dom. Regem nunc parvipendens, ac leges & statut. hujus regni Hiberniae minimè aestimans, nec poenam in eisdem content. aliqualiter verens, 16. die Maij, Anno Regni dicti Domini Regis nunc etc. apud M. in Com. D. praed. malitiosè ex imaginatione sua propria haec falsa & scandalosa verba ac rumour. de dicto domino Rege & de magnatibus & proceribus hujus Regni Hiberniae subsequentia, prolocur. est, viz. that etc. judgement, Fine, imprisonment, and bonds of the good behaviour. Quae quidem omnia, quanquam falsa sint, ut vera retulit, & multa alia verba scandalosa adtunc & ibidem dixit & propalavit; contra pacem dicti Dom. Reg. nunc, coron. & dignitat. suas, & contra formam statut. inde nuper edit. & provis. 49. An Indictment for slandering of a jury. IUr. daunt Cur. intellig. Quòd cum ipsi tali die & anno apud etc. insimul congregati & juncti fuerunt ad inquirend. & interloquend. de diversis articulis & offence. super eorum sacram. pro dicto dom. Rege ibi die & anno suprad. venit quidam T. B. de S. in Com. praed. yeoman, ut Barrectator & pacis Dom. Reg. perturbator, & praed. juratores vilipendit & scandalizavit dicend. sic in Angl. verbis, Fie on you false Harlots, judgement, Fine and imprisonment. pampered Knaves and perjured Knaves, ac alia minatoria & contumel. verba eisd. jurat. dixit; in magn. redargution. & vilipen. jur. praed. ac retard. exec. eor. jurament. & contra pacem, etc. 50. An Indictment for selling victuals at unreasonable rates grounded upon the statutes of 23. Edw. 3. cap. 6. 12. R. 2. cap. 3. & 13. R. 2. ca 8. IUrator. etc. dicunt & praesentant, quòd cum in Parliamento Edwardi tertij nuper Regis Angliae, Anno Regni sui 23. ordinatum fuit quòd macellarij, piscarij, hostellarij, brasiatores, pistores, gallinarij (Anglicè Poulterer's) ac omnes alij venditores cujuscunque generis victualium obligati forent ad vendendum eadem victualia pro rationabilibus pretijs habentes respectum ad pretium quò talia victualia vendita forent in locis adjacentibus, ita quòd ijdem venditores haberent moderatum lucrum & non excessivum rationabiliter requirend. secundum distantiam loci à quo victualia praedicta asportata forent, Et si quis venderet talia victualia aliquo alio modo, & inde convictus foret modo & forma praed. solveret parti damnificatae duplum ejusdem quod sic recepit, vel in ejus defectu alicui alij qui in hac parte prosequi vellet; Et Maiores ac ballivi Civitatum, Burgorum, villarum mercator. & portuum maris & aliorum locorum haberent potestatem ad inquirendum de omnibus & singulis qui in contrarium fecerint, & ad levand. praedictam poenalitatem ad usum eorum ad quorum sectam tales delinquentes convicti forent, Et si praedicti Maiores & Ballivi negligentes forent in executione praemissorum & inde convicti forent coram justiciarijs ad hoc assignat. quòd tunc ijdem Majores & Ballivi compulsi forent per eosdem justiciarios ad solvendum parti damnificatae triplum rei sic venditae, vel in ejus defectu alicui alij qui prosequi vellet, & nihilominùs erga dominum Regem graviter punirentur (prout in statut. praed. pleniùs continetur) Quidam tamen A.B. de C. in Com. D. Hostellarius, statut. praed. ac poenam in eod. content. minimè curans, die etc. anno etc. ac diversis alijs diebus & vicibus apud C. praed. diversa victualia, viz. carnes, panem, potum, & alia victualia pro irrationabili, excessivo, & nimis caro pretio cuidam E.F. & diversis alijs subditis dicti domini Regis fraudulenter & deceptiuè vendidit; in magnam deceptionem subditorum dicti domini Regis, & praejudicium hujus Reipublicae, ac contra formam stat. praedicti & aliorum statut. in hujusmodi casu edit. & provis. & contra pacem etc. judgement, Fine and imprisonment. The like Indictment may be made against a Butcher, a Fishmonger, a Brewer, Baker, Poulterer, or any other seller of victuals mutatis mutandis. 51. An Indictment against a Baker for breaking the Assize of Bread. IUrator. etc. dicunt & present. quòd A.B. de C. in Com. D. Pistor, die etc. anno etc. fuit communis pistor & venditor panum venalium tam hominum quam equorum, & quòd idem A.B. die & anno praedict. viginti panes venales de minus sufficienti past. & illegitimo pondere apud C. praed. in Com. praed. fecit & vendidit; judgement, Fine and Imprisonment. contra formam statut. in hujusmodi casu provis. & edit. & contra pacem etc. 52. An Indictment against a Vintner for selling of Wine and Ale by false measures, and breaking the Assize. IVratores, etc. dicunt & praesentant, quòd A.B. de C. in Com. D. Vintner, die etc. anno etc. assisam vini & cervisiae nimis cara venditione & falsis mensuris eorundem apud C. praed. fregit; judgement, ut supra. contra formam statut. in hujusmodi casu edit. et provis. et contra pacem etc. 53. An Indictment against a Brewer for breaking the Assize of Ale. IVr. etc. dicunt & praesentant, quòd A.B. de C. in Com. D. Brasiator, die etc. anno etc. tam inbrasione quam in nimis cara venditione cervisiae falsis mensuris apud C. praed. assisam ejusdem fregit; judgement, ut supra. contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 54. An Indictment for keeping of false Measures, and buying of Corn by a greater measure, and selling by a lesser. IVr. etc. dicunt & present. quòd A.B. de C. in Com. D. yeoman, est & per longum tempus fuit communis emptor & venditor granorum, & quòd idem A.B. die etc. anno etc. apud C. praed. habuit & custodivit duas mensuras (vocat. Barrels) quarum una est major quam esse debuit, & altera est minor quam esse debuit, & diversas mensuras granorum, viz. viginti mens. per praedict. majorem mensuram die & anno praedict. à diversis subditis dicti domini Regis apud C. praed. emit, & diversas mensuras granorum diversis subdit. dicti domini Regis die, judgement, ut supra. anno & loco praedict. per praedict. minorem mensuram vendidit, & sic mensuris praedictis falsò & deceptiuè usus fuit; in magnam deceptionem & praejudicium populi Domini Regis, & contra pacem etc. & contra formam statut. etc. 55. An Indictment against a Merchant for buying and selling of Wool by false weights. IUratores etc. dicunt & praesentant, quòd A.B. de C. in Com. D. Mercator fuit & adhuc est communis emptor & venditor lanarum, & quòd idem A.B. die etc. anno etc. apud C. praed. habuit & custodivit falsa pondera & eisdem falsis ponderibus ad emendum & vendend. lanas apud C. praed. die & anno praed. falsò & deceptiuè usus fuit, emendo per majora pondera & vendenda per minora pondera; judgement, ut supra. in magnam deceptionem & praejudicium subditor. dicti dom. Regis, ac contra pacem etc. & contra formam statut. etc. 56. An Indictment for selling of Wine, Ale, or any other liquor within any Town franchised by measures not sealed. IVrator. etc. dicunt & praesentant, quòd cum in Parliamento H. 6. nuper Regis Angliae tento apud Drogheda, Anno Regni sui 28. ordinatum fuit quod nullus venderet vinum, cervisiam, nec aliquem alium liquorem infra aliquam Civitat. seu villam franchisat. nisi cum mensuris Regis sigillatis, viz. the Gallon, the Pottle, the Quart, the Pint, or the half Pint; Et si quis in contrarium fecerit, foris faceret mensuras illas, & faceret finem quadraginta solidor. (prout in statut. praedict. pleniùs continetur) Quidam tamen A.B. de C. in Com. praed. Innkeeper, stat. praed. & poenam in eodem content. parvipendens apud villam de C. praed. tunc existent. villam franchisat. viginti mensuras vini, viginti mensuras cervisiae, & viginti mensuras cervisiae lupulatae (Anglicè vocat. Beer) per diversas mensuras non sigillatas vendidit; judgement, Fine of 40. s. etc. contra formam statuti predict, & contra pacem, etc. 57 An Indictment against a Butcher for selling corrupt or unsound meat. IVratores pro Domino Rege praesentant etc. quòd A.B. de C. in Com. D. praed. macellarius, die etc. anno etc. apud C. praed. carnes insalubres (viz. putrid. corrupt. & ventilat.) fraudulentèr, subdolè, & deceptiuè venditioni exposuit; in malum exemplum & magnum periculum subditorum domini Regis nunc, judgement, Fine and imprisonment. & contra pacem etc. The like Indictment may be made against a Fishmonger, or any other that setteth to sale or selleth any corrupt or unwholesome Bread, Wine, Ale, Beer, or any other meat or drink mutat. mutandis. 58. An Indictment against a Cowper for making vessels of green Timber. IVr. etc. quòd A. B. de C. in Com. D. praed. Cowper, die etc. anno etc. apud C. praed. viginti vasa (vocat. Barrels) pro Servisia conservand. de ligno humido & non sufficienter exsiccato, fraudulenter, subdolè, & deceptiuè fecit & fabricavit, judgement, Fine and Imprisonment. & ead. vasa adtunc & ibidem venditioni exposuit, & diversis personis vendidit; in magnam deceptionem populi, & contra pacem etc. The like Indictment may be against a joiner, Tailor, Shoemaker, Tanner, or any other that useth any deceit in his Trade mutatis mutandis. 59 An Indictment for Cozenage. IUr. etc. dicunt & praesentant, quòd A.B. de C. in Com. D. praedict. yeoman, est persona valdè mali nominis, famae, & conversationis inhonestoe & communis deceptor & defraudator subditor. dicti domini regis, & quòd ipse die etc. anno etc. apud C. praed. & diversis alijs locis & diebus infra Com. praed. quendam R.W. & multos alios fideles subditos dicti dom. Regis decepit & defraudavit; & per fraudem, ast●tiam & deceptionem (Anglicè by Cozenage) diversas pecuniarum summas, tam de praedicto R.W. quam de diversis alijs dicti Domini Regis subditis perquisivit, habit, & percepit; judgement, Fine and imprisonment, and bonds of the good behaviour. in pauperationem subditor. dicti domini regis, & in contempt. ejusdem Domini Regis, & in pessimum & perniciosum exemplum alior. ligeor. subditorum dicti Domini Regis in hujusmodi casu delinquentium, & contra pacem dicti Domini regis, coron. & dignit. suas. 60. An Indictment against Cheaters for playing with Cards marked with private marks to defraud me of his money. Civitas Dublin. IUratores pro Domino Rege praesentant super sacramentum suum quòd W.T. de perochia S. Andreae in suburbijs Civitatis Dublin. in Com. ejusdem Civitatis Shoemaker & I.H. de eadem Parochia in eodem Com. Butcher, 4. die januarij, Anno regni Domini nostri Caroli, Dei gratia nunc Angliae, Scotiae, Franciae & Hiberniae Regis, fidei defensor. etc. 11. apud D. in praed. Parochia S. Andreae in Com. praedict. per covinam inter eos tunc habitam excitaverunt & procuraverunt quendam E.L. de G. in Con. praedicto yeoman, ad ludend. cum praefato W.T. cum Chartis pictis (Anglicè at Cards) ad quendam ludu● vocat. Newcut, ea intentione ad defraudand. eund. E.L. & diversas denariorum summas de eo falsò & deceptive extorquend ad usum eorundem W.T. & I.H. praedictusque W.T. adtunc & ibidem cum Chartis falsis notat. cum private. signis bene notis eidem W.T. & non praefato. E.L. adtunc & ibid. ludebat ad praedict. ludum, vocat. Newcut, cum eodem E.L. per quod idem E.L. adtunc & ibid. diversas denariorum summas attingen. ad quadraginta & tres libr. stir. monetae Angliae ad ludum ill. amisit, quas quidem quadraginta & tres libr. praedict. W.T. & I.H. sub colore lucri falsò & deceptiuè adtunc & ibidem ceper. & asportaver. contra pacem dicti Domini Regis, judgement, ut supra. coronam & dignitat. suas etc. 61. An Indictment against an ostler or stabler for feeding his guests horses with corrupt and unsound hay, whereby divers of the said horses contracted diseases, etc. Civit. Dublin. ss. IVratores pro Domino Rege praesentant super sacramentum suum quòd T.A. de D. in Com. D. ostler, vicesimo die Novembris anno regni domini nostri Caroli, Dei gratia nunc Angliae, Scotiae, Franciae, & Hiberniae Regis, fidei defensor. etc. 13ᵒ. & diversis alijs diebus tam antea quàm postea apud D. viz. in Parochia sanctae Catherinae in Com. Civitat. D. custodivit & adhuc custodit commune stabulum pro equis ligeorum dom. Regis ad Civitatem D. praed. acceden. qui equos suos ibid. ponere voluissent cum foeno & pabulo depascend. & custodiend. solvend. proinde ratam usitat. & rationabilem, juxta morem Civitatis D. praed. in hac parte: in quo quidem stabulo idem T. diversis diebus & vicibus inter praed. vicesimum diem Novembris anno supradicto & festum natalis Domini tunc prox. fequen. dedit & posuit equis ligeorum domini Regis ad stabulum praed. adduct. & ibid. positis cum foeno & pabulo depascend. & custodiend. pro salario rationabili (ut praefertur) foenum putidum, corrupt. & insalubre comedend. per quod diversi equi diversorum ligeorum domini Regis in stabulo praed. positi cum foeno & pabulo depascend. magnoperè pejorati fuer. & pro defectu suavis, salubris, & boni foeni, nonnulli eorundem equorum morbos & infirmitates contraxerunt, & inde ibidem tunc interier in deceptionem populi domini Regis, ac ad grave damnum & common nocument. omnium ligeorum dicti domini Regis quorum equi in eodem stabulo per tempus supradict. positi fuer. ac contra pacem dicti Domini Regis nunc, judgement, Fine and imprisonment. coron. & dignitat. suas. etc. Of Omission. 1. An Indictment against a Constable for not setting forth Hue and Cry upon the statute of Winchester. IVrator. pro Domino Rege dicunt & praesentant, etc. quòd die etc. anno etc. apud C. in Com. D. quidam malefactores ignoti in quendam I.H. gen. vi & armis insultum fecerunt, & viginti libras in pecunijs numerat. de denarijs praed. I. H. ibidem invent. felonicè ceperunt & asportaverunt: super quo praed. I.H. instanter eodem die & anno praed. venit ad villam de C. praed. & tunc & ibidem notificavit cuidam A.B. de C. praed. yeoman adtunc Constabulario villae de C. praed. malefactores praed. feloniam praed. modo & forma praed. fecisse & perpetrasse, ac tunc & ibidem requisivit praed. A.B. quòd ipse hutesium & clamorem versus praed. malefactores recenter levaret & in mandatis daret Inhabitantibus villae praed. ad prosequend. hujusmodi hutesium & clamorem, prout de jure & per legem terrae prosequi debeant; praed. tamen A.B. debitam executionem officij sui praed. in hac parte minimè curans, hujusmodi heutesium seu clamorem non levavit, nec Inhabitantibus villae de C. praed. nec eorum alicui mandavit ad recenter prosequend. hujusmodi hutesium & clamorem, sed ad hoc faciend. tunc & ibidem totaliter recusavit & neglexit: in malum exemplum alior. subdit. in contemptum & contra pacem domini regis nunc, contra coronam & dignitatem suas, judgement, Fine and imprisonment. & contra formam statut. in hujusmodi casu edit. & provis. 2. An Indictment against a Constable for not punishing Rogues and sturdy beggars upon the statute of 33. H. 8. ca 15. IUr. etc. dicunt & praesentant, quòd cum quidam A.B. aetatis viginti annorum & amplius de corpore sano, valenti, potenti, atque ad laborandum habili existens, nullam autem habens terram aut ullum magistrum nec aliqua utens licita merchandiza, art, vel misterio, unde sibi victum parare posset, die etc. anno etc. apud C. praed. in Com. praed. (sine aliqua licentia justiciar. pacis, aut eor. alicujus in hac parte) passim vagans & mendicans fuit; & quòd C.D. de C. praed. in Com. praed. yeoman adtunc Constabularius villae praedictae sciens praedict. A. B. sic vagantem & mendicantem fuisse, ipsum non arrestavit nec punivit, prout per legem hujus regni arrestare & punire debuisset; sed debitam executionem officij sui praedicti in hac parte totaliter neglexit: in malum exemplum & in contempt. judgement, 〈◊〉 supra. Domini Regis, ac contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 3. An Indictment against one for relieving of a Rogue and sturdy beggar upon the said statute of 33. H. 8. ca 15. IUratores etc. dicunt & praesentant, quòd cum quidam A.B. nuper de C. in Com. D. praed. Idler, aetatis viginti annorum & amplius, de corpore sano, valenti, potenti, atque ad laborandum habili existens, nullam autem habens tetram aut ullum magistrum, nec aliqua utens licita merchandiza, art, vel misterio, unde sibi victum acquirere posset, die etc. anno etc. apud E. infra Baroniam de W. in Com. praedicto & multis alijs in locis dicti Comitatus, sine aliqua licentia justiciar. pacis in hac parte, passim vagans & mendicans fuit, Quidam tamen G.H. nuper de E. praedict. in dicto Com. yeoman, sciens praefat. A.B. modo & forma praedict. vagant. & mendicantem fuisse, eundem A.B. die etc. anno etc. in domo ipsius G. H. mansionali apud E. praedict. in Com. praedicto hospitatus fuit, & eidem A.B. tunc & ibidem panem, potum, & alia victualia voluntariè dedit: judgement, Fine and imprisonment. in contemptum dicti Domini Regis, ac contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 4. An Indictment against a Constable for not setting out watch upon the statute of Winchester. IUr. etc. dicunt & present. quòd A.B. nuper de C. in Com. D. praedicto fuit Constabularius villae de C. praedict. à die etc. anno etc. usque ad diem etc. anno etc. & quod idem A.B. per totum tempus praedict. nunquam mandavit nec apunctuavit homines & inhabitants villae praedictae ad custodiend. vigilias à solis occasu usque ad solis ortum in dicta villa de C. in Com. praedicto, prout de jure & antiqua consuetudine facere debuisset; in dicti Domini regis nunc contempt. & contra pacem domini Regis etc. ac contra formam statut. in hujusmodi casu edit. & provis. judgement, ut supra. 5. An Indictment against the Inhabitants of a Town for not keeping Watch upon the said statute. IUrat. etc. dicunt & praesentant, quòd à die etc. anno etc. usque diem etc. anno supradicto A.B. de C. in Com. D. praedict. yeoman, & caeteri homines & inhabitants villae de C. praedict. nullas vigilias à solis occasu usque ad solis ortum in dicta villa de C. in Com. praed. per aliquos homines fecer. aut custodiver. prout de jure & antiqua consuetudine facere debuissent & soliti erant, licet ad hoc per C.D. Constabular. ejusd. villae saepius requisiti & mandati fuerant: judgement, Fine upon the Inhabitants. in dicti domini Regis contempt. & contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 6. An Indictment against a Constable for not endeavouring to part an Affray. IVratores etc. quòd die etc. anno etc. apud C. in Com. D. praedict. magna affraia & perturbatio pacis facta fuit per A. B. C. D. & multos alios malefactores & pacis Domini Regis nunc perturbatores, & quòd E.F. de C. praedict. in Com. praed. yeoman, tunc Constabularius villae de C. praedict. adtunc praesens existens non conatus fuit ad pacificand. praedict. affraiam & ad pacem dicti domini regis conservand. nec ad arrestand. praedictos A. B. C. D. & praedict. alios perturbatores pacis, judgement, Fine and imprisonment. sed debit. executionem officij sui praedicti in hac parte totaliter neglexit: in magnum contempt. dicti domini regis, ac contra pacem etc. 7. An Indictment against a Constable for not making search for Idlers and suspected persons and common gamesters. IUr. etc. dicunt & present. quòd cum A. B. de C. in Com. D. gen. à die etc. anno etc. usque diem etc. anno etc. fuit Constabul. villae de C. praed. & quòd infra tempus praedict. quidam I.S. & I.D. et quamplurimi alij malefactores & personae suspectae ac malae famae & nominis & communes praevaricatores, vocat. Common Gamesters, nullam habentes terram nec aliquibus utentes licitis merchandizis, artibus, vel misterijs, unde ipsis victum acquirere possent, diversa cervisiaria (Anglicè Alehouses) infra tempus praed. quamplurimis diebus & noctibus in C. praed. frequentaver. & in ijsdem infra praed. tempus hospitati fuer. praedictus tamen A. B. per totum tempus praedict. nullum scrutinium aut inquisitionem in praedictis cervisiarijs pro malefactoribus praed. aut alijs hujus generis malefactoribus fecit, prout de jure & antiqua consuetudine facere debuisset, judgement, 〈◊〉 supra. sed debit. executionem officij sui praed. in hac parte totaliter neglexit & omisit: in contempt. domini regis, & contra pacem etc. & contra formam statut. in hujusmodi casu edit. & provis. 8. An Indictment against a Constable for not apprehending a fellow. IUr. etc. quòd cum A.B. de C. in Com. D. praed. yeoman, die etc. anno etc. apud E. in Com. praedict. unum equum de bonis cujusdam I.H. felonicè cepit & abduxit, cumque etiam praedictus I. H. die etc. anno etc. apud M. in Com. praed. notitiam dedit C.D. de M. praedict. yeoman, adtunc Constabulario villae de M. praedict. quòd praedictus A.B. feloniam praedictam modo & forma praed. fecisset & perpetrasset, & quòd idem A.B. adtunc fuit in praedicta villa de M. & requisivit praedict. Constabular. ad eund. A. B. pro felonia praedicta arrestand. praedictus tamen C.D. adtunc existens Constabularius ejusdem villae de M. die etc. anno etc. apud M. praedict. ad arrestand. praed. A.B. pro felonia praed. omnino recusavit & neglexit: judgement, ut supra. in contempt. dicti Domini Regis, & contra debitum officij sui praedicti, & contra pacem etc. The like Indictment may be made against a Constable that shall refuse to make search for felons or Traitors, or for stolen goods mutatis mutandis. 9 An Indictment against a Constable that refuseth to execute the warrant of a justice of Peace directed unto him. IUr. etc. quòd cum A.B. miles unus justiciar. domini Regis nunc ad pacem in Com. D. conservand. assignat. per praeceptum suum manu sua propria signatum, datum die etc. anno etc. omnibus & singulis Constabularijs, ballivis, & alijs officiarijs dicti domini Regis Comitatus D. praedict. directum, mandavit & praecepit eisdem Constabularijs, ballivis, & officiarijs, & cuilibet eorum, quòd caperent aut eorum aliquis caperet & arrestaret corpus cujusdam C.D. ad inveniend. securitatem pacis erga dict. dominum regem & cunctum populum suum, & praecipuè erga I.S. quod quidem praeceptum postea, scil. die etc. anno etc. apud H. deliberate. fuit cuidam E.F. Constabulario Baroniae de H. praedict. ad exequend. praedictus tamen E.F. ad exequendum precept. praedict. apud H. praedict. die & anno praed. omnino recusavit & neglexit: judgement, Fine and Imprisonment. in contempt. dicti Domini Regis nunc, & contra debitum officij sui praedicti, & contra pacem etc. The like Indictment may be framed against a Sheriff's Bailiff, or any other officer mutatis mutandis. 10. An Indictment against certain persons for refusing to follow Hue & Cry being thereto commanded by the Constable. IUr. etc. quòd die etc. anno etc. apud C. in Com. D. quidam malefactores ignoti in quendam I. H. generosum, vi et armis insult. fecer. & viginti libras in pecunijs numeratis de bonis praedicti I.H. ibidem inventas, à persona praedicti I.H. tunc & ibidem felonicè ceper. & asportaver. super quo praedict. I.H. instanter eod. die & anno praedicto venit ad villam de C. praedict. & tunc & ibidem notitiam dedit cuidam A.B. tunc Constabulario de C. praedict. malefactores praedictos feloniam praedict. modo & forma praedict. fecisse & perpetrasse; ac tunc & ibidem requisivit praedict. A.B. quòd ipse hutesium & clamorem versus praedictos malefactores levaret; Et super hoc praedictus A. B. die & anno praed. apud C. praed. versus praefatos malefactor. hutesium & clamorem levavit, prout de jure debuit; & tunc & ibidem mandavit & appunctuavit I.S. de C. praedict. yeoman, & I. D de C. praedict. Husbandman ad hutesium & clamorem praedict. prosequend. praedicti tamen I.S. & I.D. ad hutesium & Clamour. praedict. prosequend. apud C. praedict. die & anno praedict. omninò recusaver. & totaliter neglexerunt: judgement, ut supra. in contempt. dicti Domini Regis, & contra pac. etc. 11. An Indictment against the Inhabitants of a Town for not apprehending of Robbers, but suffering them to escape, grounded upon the statute of Winchester. IUr. etc. dicunt & present. quòd cum quidam malefactores ignoti die etc. anno etc. apud N. in Com. E. quae quidem villa est infra Baroniam de H. vi & armis &c. in quendam C.C. insult. fecer. & cent. libras de denarijs ipsius C. ibidem invent. felonicè ab eod. C. spoliaver. ceper. & asportaver. contra pacem etc. Ac idem C. quam citius potuit post feloniam & spoliationem praedict. fact. scil. die etc. anno etc. apud N. praed. per totam eandem villam hutesium & clamorem de Roberia praed. fecit, & notitiam inhabitantibus ejusdem villae de roberia illa dedit, & post roberiam illam quadraginta dies jam praeterier. ijdem tamen inhabitantes emendam de roberia praedicta fact. praedicto C. hucusque non fecer. nec corpora felonum & malefactor. praedictor. ceper. neque de corporibus eor. hucusque responderunt, sed malefactores & felones illos evadere permiserunt: judgement, Fine upon the Inhabitants. in dicti Domini Regis nunc contemptum, & ipsius C. grave damnum, ac contra formam statut. in hujusmodi casu edit. & provis. 12. An Indictmeni against diverse for refusing to assist the Constable to apprehend a fellow. IVrat. etc. dicunt & praesentant, quòd cum quidam A.B. apud C. in Com. D. vi et armis etc. unum equum pretij quinque librarum de bonis cujusdam I.S. felonicè cepit & abduxit, cumque etiam E.F. Constabularius villae de C. praed. die etc. anno etc. apud C. praed. mandavit & requisivit G.H. de C. praed. & I.K. de C. praed. Husbandmen add auxiliand. ipsum E.F. adtunc Constabular. de C. praedict. praedictum A.B. pro felonia praedicta arrestand. praedicti tamen G.H. & I.K. die et anno praedict. apud C. praedict. ad hoc faciend. omnino recusaver. & quilibet eorum recusavit, judgement, Fine and imprisonment▪ & nullum auxilium dederunt nec eorum aliquis dedit eidem Constabulario ad arrestand. praedictum A.B. pro felonia praedict. in contempt. Dom. regis nunc, & contra ligeant. suar. debit. & contra pacem etc. The like Indictment may be made for refusing to assist a Constable to convey prisoners to the Gaol, or to bring them before a justice of Peace, or to make search for suspected persons mutatis mutandis. 13. An Indictment against the Constable and Inhabitants of a Town for suffering idle persons to beg and wander etc. without punishment upon the statute of 33. H. 8. ca 15. IUr. etc. dicunt & praesentant, quòd cum quidam A.B. aetatis viginti annorum & amplius, de corpore fano, valenti, potenti, atque ad laborand. habili existens, nullam autem habens terram aut ullum magistrum, nec aliqua utens licita merchandiza, art, vel misterio, unde sibi victum acquirere posset, die etc. anno etc. apud C. in Com. D. praedict. sine aliqua licentia Iusticiariorum pacis aut eorum alicujus in hac parte, passim vagans & mendicans fuit. Et quòd Constabularius & inhabitants villae praedictae scient. praedict. A.B. sic vagant. & mendicant. fuisse, ipsum non arrestaver. nec puniver. sed ipsum sic vagare & mendicare in & per totam villam praedictam voluntariè, judgement, Fine of 6. s. 8 d. upon the inhabitants. die & anno praedict. permiserunt: in contemptum dicti Domini Regis, & contra formam statut. in hujusmodi casu edit. & provis. & contra pacem. etc. 14. Another Indictment upon the statute of 33. H. 8. cap. 15. against the Constable and Inhabitants of a Town for suffering an Impotent beggar to beg without a licence. IVrat. etc. dicunt & present. quòd A.B. aetatis sexaginta annor. et amplius, de corpore impotenti & ad laborand. inhabili existens, die etc. anno etc. apud C. in Com. D. praedict. sine aliqua licentia justiciarior. pacis aut eorum alicujus in hac parte, passim vagans et mendicans fuit. Et quòd Constabularius & inhabitants villae praedictae scientes praedict. A.B. sic vagant. & mendicant. fuisse, ipsum non arrestaver. nec puniver. sed ipsum sic vagare & mendicare in & per totam villam praedict. die et anno praedict. voluntariè permiserunt: judgement, Fine of 3. s. 4.d. upon the inhabitants. in contempt. dicti Domini Reg. & contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 15. An Indictment for not working upon the high ways, grounded upon the statute of 11. jacobi cap. 7. IUr. etc. quòd ubi die martis in septimana Paschae jam ult. praeterit. scil. die etc. anno etc. A.B. tunc Constabularius villae de D. in dicto Comitatu, & D.E. & E.F. tunc Guardiani Ecclesiae parochialis de D. praedict. in Com. praedict. existentes, vocatis ad se multis alijs parochianis dictae parochiae, tunc & ibidem eliger. quosdam I.S. & R.N. duas honestas ejusdem parochiae personas in Supervisores pro uno anno integro tunc proximè sequenti pro emendatione & reparatione altar. regiar. viar. infra dictam parochiam de D. ducentium à villis mercatorijs ad villas mercatorias. Ac etiam tunc & ibidem nominaverunt & apunctuaver. sex dies, viz. 1. 2. 3. 4. 5. & sextum dies mensis Maij tunc proximè sequentis pro dicta emendatione dictar. viar. & nominatim pro emendatione illius viae regiae ibidem quae est inter etc. atque de eisdem sex diebus sic per eos ut praefertur nominatis dederunt publicam notitiam postea, scilicet, die dominico dictam Pascham tunc proximè sequenti, in dicta Ecclesia parochiali: Quidam tamen T.W. tunc & adhuc Parochianus de D. praed. in Com. praed. existens, ac tunc habens & oc●pans in dicta Parochia de D. in Com. praed. unam integram carucatam terrae arrabilis (Anglicè dict. a plowland) nullum in dictis primo secundo & quarto diebus dicti mensis Maij anno supradicto prorsus invenit aut misit currum instructum (Anglicè dict. a wain or Cart furnished) equis, bobus, aut alijs animalibus & necessarijs secundum morem patriae ibidem, nec ullos habiles homines erga emendationem & reparationem dictar. viar. aut ear. alicujus sive alicujus inde parcellae, judgement, Fine 20. s. for every default. sed inde tunc & ibidem voluntariè fecit defaltam: in dicti Dom. regis contemptum, ac contra formam statut. in hujusmodi casu edit. & provis. 16. An Indictment against a Towneship for not having Stocks. IVr. etc. dicunt & praesentant, quòd infra villam de C. in Com. D. per spatium unius anni ultimò praeteriti non fuit nec adhuc est aliquis cippus (Anglicè a pair of Stocks) add puniend. malefactores & pacis domini Regis perturbatores, judgement, Fine upon the Inhabitants. prout de jure & antiqua consuetudine esse debuit & debet: contra pacem etc. 17. An Indictment against a Towneship for not having a Common Pound. IVr. etc. dicunt & present. quòd infra villam de C. in Com. D. per spatium unius anni ultimò praeteriti non fuit nec adhuc est aliquis communis parcus (Anglicè a common Pound) add impareand. catalla capta per viam districtionis, judgement, ut supra. prout de jure & antiqua consuetudine esse debuit & debet: contra pacem etc. 18. An Indictment against a servant for taking more wages than the Rates set down by the justices of peace upon the statute 28. H. 8. cap. 9 IUr. etc. dicunt & present. quod cum A.B. de C. in Com. D. Husbandman, die etc. anno etc. retentus fuisset ad serviend. E. F. de G. in Com. praed. in officio Aratoris (Anglicè a Plough-holder) per spatium unius anni, Idem A.B. apud C. praedict. die etc. anno etc. pro salario suo ejusdem anni cepit de praedicto E.F. quatuor libras legalis monetae Angliae, ubi recipere debuit nisi tres libras secundum ratam per justiciarios dicti Domini Regis in generali Sessione pacis tenta apud K. in Com. praedict. die etc. anno etc. appunctuat. & proclamatam: judgement, to be fined so much as was taken above the rate, and imprisonment during pleasure. in contemptum dicti Domini Regis, & contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. The like Indictment may be made against any other servant, Labourer, or Artificer, mutatis mutandis. 19 A Presentment for a Common Bridge that is in dangerous decay. IUratores pro Domino Rege praesentant, quòd pons publicus situs in alta regia via super flumen de L. infra Parochiam de A. (vulgariter dict. the bridge of Rathmore) est, & per aliquot annos jam proximè elapsos fuit, valdè ruinosus & in maximo decasu ob defectum reparationis; adeo ut subditi dicti domini Regis in, super, trans, vel ultra dict. pontem per se vel cum eorum equis, bigis, aut cariagijs ire, redire, aut transire sine magno vitae discrimine non audent aut possunt: judgement, Fine upon the body of the County, if not done by a day limited, and a Distringas to the Sheriff to distrain them to do it. ad commune nocumentum omnium vicinor. & compatriator. in dict. Comitatu habitantium quorum interest ratione negotiorum suorum illac transire. Et ulterius, quòd prorsus nescitur quae personae, quaeve terrae, tenementa, aut corpora corporata & politica eundem pontem aut aliquam inde parcellam ex jure aut ex antiqua consuetudine reficere & reparare debent aut consueverunt. 20. An Indictment against the Constable and Churchwardens, for not choosing Overseers for the highways, upon the statute of 11. jacobi ca 7. IUr. etc. dicunt & praesentant, quòd cum A.B. de C. in Com. D. yeoman, diebus Martis & Mercurij in septimana Paschae jam ultimo praeteritae, scil. die etc. anno etc. fuit & adhuc est Constabularius villae de B. in Com. praedicto, cumque etiam D.E. & E.F. praedictis diebus Martis & mercurij in praedicta septimana Paschae fuer. & nunc existunt Gardiani Ecclesiae Parochialis de C. praedict. in Com. praedict. non nominaver. nec eliger. aliquas honestas personas Parochiae de C. praedict. in supervisores pro uno anno integro tunc proximè sequenti, pro emendatione & reparatione altar. regiar. viar. infra dictam parochiam ducentium à villis mercatorijs ad villas mercatorias, sed ad hoc faciend. totaliter neglexer. & omiserunt: in contempt. dicti Domini Regis, judgement, Fine and Imprisonment. ac contra formam statut. in hujusmodi casu edit. & provis. & contra pacem, etc. 21. An Indictment against Surveyors of the highways for refusing to exercise that office upon the statute of 11. jac. ca 7. IVr. etc. quòd ubi die Martis in septimana Paschae jam ultimò praeteritae, scil. die etc. anno etc. A.B. tunc Constabularius villae de D. in dicto Com. & D.E. & E.F. tunc Gardiani Ecclesiae parochialis de D. praedict. in Com. praed. existentes (vocatis ad se multis alijs parochianis dictae parochiae) tunc & ibidem eliger. quosdam I.S. et R.N. de D. praedict. in Com. praedict. yeomen, tunc existentes parochianos parochiae praedictae in supervisores pro uno anno integro tunc proximè sequenti, pro emendatione & reparatione altar. regiar. viar. infra dictam parochiam ducentium à villis mercatorijs ad villas mercatorias: praedicti tamen I.S. & R.N. ad officium praedict. secundum election. praedictam exercend. recusaver. & execution. ejusdem totaliter neglexerunt et omiserunt: in contempt. dicti domini Regis, judgement, Fine of 10.l. 2 year. ac contra formam statut. in hujusmodi casu edit. et provis. 22. An Indictment against a Gaoler for refusing to receive a Prisoner committed unto him, grounded upon the statute of 4. Edw. cap. 10. IVr. etc. dicunt et praesentant, quòd cum A.B. die etc. anno etc. apud K. in Com. D. per warrant. I.S. armigeri unius justic. dict. dom. Regis nunc ad pacem in Com. praedict. conservand. assignat. commissus fuit custodi gaolae Comitat. praedicti pro suspicione cujusdam feloniae per ipsum A.B. perpetrat. Quidam tamen C.D. de K. in Com. praed. yeoman, adtunc Custos & Guardianus Gaolae praed. existens, apud K. praed. eundem A.B. in gaolam praedictam recipere omnino recusavit, & ipsum recipere noluit: judgement, Fine & Imprisonment. in contempt. dicti Domini Regis, ac contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. 23. An Indictment and whole Record of not repairing a high way. IUr. etc. dicunt & praesentant, quod pars regiae viae in parochia de S. in Com. praed. continen. in longitudine quatuor virgat. & in latitudine duas virgatas, primo die Martij, anno regni dom. regis nunc decimo, fuit, & adhuc est valdè nociva & in decasu ob defectum reparationis & emendationis ejusdem, sic quòd ligei dicti Dom. regis qui per viam ill. laborare & transire solebant, sine magno periculo mortis transre nunc non possunt: ad grave & common nocument. omnium ligeor. & subditor. dict dom. regis per viam ill. laborantium & transeuntium; & quòd R.B. de S. praed. Collier debet reparare & emendare viam praedictam, quoties & quando necesse fuerit, ratione tenurae terrar. & tenementor. suor. ibid. propè adjacen. etc. Per quod praeceptum fuit vic. quòd non omit. etc. quin venire faceret eum ad respondend. etc. Et modo, scil. die veneris proxim. post Craftin. Sancti Martini isto eod. Termino coram dom. rege apud the Kings Courts Dublin, ven. praedict. R.B. in propria persona sua, & habito auditu praesentamenti praedicti dicit, quòd ipse non potest dedicere quin dicta pars regiae viae praed. in praedicta parochia de S. in Com. praedicto continen. in longitudine quatuor virgat. & in latitudine duas virgat. fuit valdè nociva & in decasu ob defect. reparationis & emendationis ejusd. sic quòd ligei dicti dom. regis qui per viam illam laborare & transire solebant, sine magno periculo mortis, transire non potuer. ad grave & common nocument. omnium ligeor. & subditor. dicti dom. Regis per viam ill. laborantium & transeuntium; & quod ipse idem R.B. debet reparare & emendare viam praed. quoties & quando necesse fuerit, ratione tenurae terrarum & tenementorum suor. ibid. propè adjacen. etc. modo & forma prout per praesentament. praed. superius verse. eum supponitur, & pro non reparatione & emendatione dictae partis regiae viae praed. 'pon. se inde in misericordiam dom. regis. Ideo precept. est vic. quòd non omit. quin distring. eum per omnes terr. etc. Et quòd de exit. etc. Ita quod ipse ex sumptibus, custagijs & expensis suis proprijs praed. partem regiae viae praed. reparet & emendet, si prius per ipsum reparata & emendata non fuerit, & qualiter &c. constare fac. dom. reg. à die Sancti Martini in 15. dies ubicunque etc. Et ad audiend. judicium etc. Idem dies dat. est praefat. R. etc. Ad quam quidem 15. Martini coram Dom. Rege apud the Kings Courts praed. N.M. vic. Con. praed. dom. Reg. certificavit quòd praed. pars regiae viae supradictae ex sumptibus, custagijs & expensis praed. R.B. proprijs, bene & sufficienter emendata & reparata fuit, & sic adhuc existit. Super quo visis & per Curiam hic intellectis omnibus & singulis praemissis, judgement appeareth in the Record. Cons. est, quòd praedict. R.B. eat inde sine die etc. 24. An Indictment for not repairing the pavement of a high way. IUr. etc. present. quòd pars regiae viae apud S. in Com. praed. in longitudine viginti perticarum & latitudine viginti pedum jacen. & existen. ex opposito certis terris sive tenementis cujusdam I.S. de S. praed. yeoman, ibid. est ruinosa pro defectu reparationis pavimenti ibid. ad grave & common nocument. populi Don. reg. & quòd praed. I.S. ratione tenurae terrarum praed. debet facere & reparare praed. paviment. ex suis proprijs expens. & juxta formam statut. etc. judgement, Fi●e and imprisonment. 25 An Indictment against one for not keeping open a common Sewer. IVr. present. pro dom. rege, quòd A.B. de C. in Con. D. armiger, & omnes alij quorum statum ipse habet in manerio de C. in Con. praed. quendam cursum aquae de le common Sewer, apud C. praed. in Con. praed. à tempore cujus contrarij memoria hominum non existit, mundare, escurare, & patefacere debuer. & consueverunt, ita quòd aqua in eundem cadens & currens potuisset & solebat à tempore praedicto habere cursum suum à terr. praed. A.B. in C. praed. usque ad terram C.D. in C. praed. & abind usque ad Rivum de L. & quod nunc pro defectu mundationis & escurrationis hujusmodi aqua in eundem cursum cadens & currens non potest fluere neque refluere, judgement, Fine & imprisonment, and a Distringas to the Sheriff as in the 23. supra. sed in tempore pluviali regiam viam ibid. saepe superfluit pro defectu mundationis & escurrationis ejusd. ad grave & common nocument. populi Domini Regis, etc. 26. An Indictment against a Towneship for not repairing a ruinous and broken Bridge. IUrat. present. etc. quòd communis pons apud S. in Com. D. adeo ruinosus & confractus existit pro defectu reparationis ejusd. pontis quòd homines per praed. pontem itinerantes absque magno periculo non possunt itinerare, judgement, Fine upon the Inhabitants, and Distringas ut supra. ad grave & common nocument. populi domini Regis: Et quòd A.B. de C. in Com. praed. armiger & caeteri inhabitantes villae ejusdem debent & solent reparare, sustentare, & manutenere praed. pontem ex suis proprijs custagijs & expensis. 27. An Indictment of Nuisance. IUratores pro Dom. Rege praesentant, quòd est quoddam fossatum apud M. in quadam venella vocat. B. continen. in longitudine centum perticas pro defectu escurrationis & mundationis, fimo, terra, sabulo, & alijs sordibus taliter obstupatum & adimpletum, quòd aqua ibid. decurrens, quae in fossatum illud de scendere & decurrere solebat, superundat venellam praedict. ad grave nocument. totius populi dom. Regis per viam illam transire, equitare, fugare, seu carriare volentes: quod quidem fossatum W.B. ratione tenurae suae ex utraque parte venellae praedictae adjacentis, reparare, mundare, judgement, Fine 20.l. and imprisonment. & escurrare debet & tenetur, quòd non fecit: in contemptum dicti dom. Regis, & contra formam statut. in hujusmodi casu edit. & provis. 28. An Indictment upon the statute of Anno 13. Ed. 1. against the Inhabitants of a Town for not taking of such persons which had rob one of a 100 l. the party rob making Hue and Cry, and giving notice to the Inhabitants of the Town of the Robbery, wherein the statute is recited. IUr. etc. praesentant, quòd cum in statuto in Parliamento dom. Edw. nuper Regis Angliae primi, progenitoris dom. Regis nunc, apud Winton. anno regni sui 13. tento, edito, inter caetera ordinat. fit, pro eo quòd de die in diem roberia, homicidia, incendia domorum, & latrocinia plus solito tunc fiebant quam antea solebant, & felones non potuissent esse attincti per sacrament. jurat. qui magis voluntariè permittebant felonias fieri gentibus extraneis, & felones evadere absque poena, quam malefactor. indictari, ubi major pars fuerunt gentes de eadem patria, vel ad minus, si malefactor. fuerunt de alia patria, eorum receptores fuerunt de vicinetu ubi hujusmodi malefacta fiebant; & hoc faciebant, pro eo quòd sacramenta eisdem jurator. non ministrabantur, nec in patriam ubi feloniae illae fiebant, & quoad restitutionem damnorum, poena ante nunc non fuit provis. pro concelament. & negligentia suis. Idem nuper Rex ad hujusmodi felonias pro posse debilitand. & decrescend stabilivit poenam in illo casu, ita quòd exinde magis pro timore poenae quam pro pavore sacram. nullis felonibus extunc parcerent, nec aliquis felonias extunc concelar. & quòd proclam. fierent in omnibus Com. hundred. mercat. ferijs, & omnibus alijs locis ubi multitudo gentium foret assemblata, sic quòd nulli per ignorantiam sese possent excusare, & quòd quaelibet patria extunc sic possit custodiri, quòd instanter post roberias & felonias factas, recens insecutio fieret de villa in villam, de patria in patriam, & etiam inquisitiones fierent si necesse foret, in villis per ipsum qui domin. vel superior esset in villa, & postea in hundred. & franchesia, & in Com. & aliquando in duobus, tribus, vel quatuor Com. in casu quando feloniae factae fuer. in Marchijs & confinijs Com. ita quòd malefact. potuissent esse attincti. Et si patria de corporibus hujusmodi malefact. non responderet, poena talis esset, quòd quaelibet patria, scil. homines in patria commorantes, responderent de roberijs fact. & damnis, sic quòd totum hundred. ubi roberia fact. fuit, cum franchesijs, quae essent infra praecinct. ejusdem hundred. responderet de roberijs factis. Et si roberia foret in divis. duor. hundredor. in eod. casu responderent inde ambo hundreda, simul cum franches. quae forent infra praecinct. hundred. praed. & longioris temporis spatium non haberet patria post roberiam & fellow. factas, quam xl. dier. infra quos faceret emend. de roberia vel de malefact. vel responderet de corporibus malefactor. prout in statuto praed. plenius continetur; Ac cum quidam malefact. ignoti tertio die M. anno etc. apud N. in Com. E. praed. quae quidem villa est infra hundred. de H. vi & armis, viz. gladijs, baculis & cultellis, in quendam O.C. insultum fecerunt, & cent. libr. de denarijs ipsius O. ibid. invent. felonicè ab eod. O. spoliaver. ceper. & asportaver. contra pacem etc. (ut alibi) ac idem O. quam citius potuit post feloniam & spoliation. praedict. factas, scil. quarto die M. anno etc. supradict. apud N. praed. per totam eand. vill. hutesium & clamorem de roberia praed. fecit, & notitiam inhabitantibus ejusd. villae de roberia illa dedit, & post roberiam xl. dies jam praeterierunt, ijdem tamen inhabitants emend. de roberia praed. fact. O. hucusque non fecerunt, nec corpora felonum & malefact. praedictorum ceperunt, judgement, Fine upon the Inhabitants. neque de corporibus eor. hucusque responder. sed malefact. & fellow. illos evadere permiserunt in dict. dom. Regis nunc contempt. & ipsius O. grave damnum, & contra formam statut. praedict. etc. 29. An Indictment for not coming to the Church, upon the statute of Anno 2. Eliz. IUr. pro Domino Rege praesentant, quòd cum per statut. in Parliamento Dominae Eliz. nuper Reginae etc. anno regni sui secundo, tento apud Dublin. in Com. Dublin. inter alia inactitat. & ordin. existit, quòd post festum S. joh. Bapt. anno regni dictae Dominae Reginae secundo, omnis & omnimod. persona & personae inhabitant. in hoc regno Hiberniae diligenter & fideliter (habentes nullam legalem seu rationabilem excusationem abessendi) niterentur semetipsos adire ad suam Parochial. Eccl. vel capellam consuet. vel super rationabil. impediment. ad aliquem usitat. locum, ubi communes precationes & divina sei vitia dici utent. tempore talis impedimenti, super quemlibet diem dominicum & alijs diebus ordinat. & usitat. observari, durante tempor. communium precat. praedication. aut alior. divinor. servitior. utend. & ministrand. sub poena punitionis per censuras Ecclesiae & etiam sub poena quòd quaelibet persona sic offendens forisfaciat pro qualibet tali offensa 12. denar. levand. per gardianos Eccles. Parochial. ubi talis offensa foret facta, ad usum pauperum inhabitan. ejusd. Parochiae, de bonis, terr. & tenementis talis offendentis, prout in statut. praed. continetur; Cumque T.R. de D. in Com. praed. ar. & A. uxor ejus existen. de Parochia Eccles. parochialis de D. praed. infra quam quidem Eccles. communes precationes & alia divina servitia in statuto praed. specificata post praed. festum Nativitatis S. johann. Baptistae anno secundo supradicto, scil. Dominica ptox. post festum S. Mich. Archangeli, Anno regni etc. & 12. diebus dominicis tunc proxim. sequen. & octo alijs diebus festivalibus eased. dies dominicas intervenient. dicebantur & utebant. praed. T. & A. non habentes legalem seu rationabil. excusation. seu impediment. abessendi ab Eccles. praedicta in diebus praed. tempore praed. communium precation. & divinor. servitior. ibid. tunc dict. habit. & ministrat. non solum non nitebantur semetipsos adire ad Ecclesiam praed. existent. eor Eccles. consuet. in praed. die Dominica proxim. post festum S. Mich. Archangeli, Anno regni etc. superdict. & praed. alijs diebus Dominicis tunc prox. sequen. & praed. alijs octo diebus festivalibus eased. dies Dominicas intervenient. tempore praed. communium precation. & divinor. servitior. ibid. in diebus illis dict. habit. & ministrat. sed etiam odentes & contemnentes Euang. & salubre Dei Verbum, & dictum dom. reg. & leges suas, seipsos voluntariè absentaver. & uterque eor. voluntariè seipsum absentavit ab eadem Ecclesia praed. die dominica prox. post festum Sancti Mich. Arch. anno etc. suprad. & praed. alijs duodecim diebus dominicis tunc prox. sequen. & praed. alijs octo diebus festivalibus easdem duodecim dies dominicas intervenient. tempore praed. communium precation. & divinior. servitior. ibid. in diebus illis dict. habit. & ministrat. contra pac. & in contempt. dicti dom. Reg. nunc & legum suar. contra coron. & dignit. suas, judgement, Fine 12.d. for every default. ac contra formam statut. praed. & in per niciosum exemplum alior. malefact. Other Abuses. 1. An Indictment against an householder for not living after the English manner upon the statute of 28. H. 8. ca 15. judgement, against a Lord is to be fined in 5. l. 6 s. 8. d. against a Knight or Esquire 40. s. against a gentleman or Merchant 20. s. against every Freeholder & yeoman 16 s. against every husbandman 6. s. 8. d and against every other person 3. s. 4.d. IUr. etc. present. quòd A.B. de C. in Com. D. gen. per spatium unius anni ultimò praeteriti fuit & adhuc est paterfamilias & per totum tempus praed. habuit & custodivit & adhuc habet & custodit domum & familiam in praedicta villa de C. in Com. praed. & quòd idem A.B. per spatium temporis praedicti nunquam usus fuit, nec secundum posse, scientiam, & habilitat. suam custodivit nec adhuc custodit seu utitur domo & familia suis praed. secund. Anglican. ordinem, conditionem, aut morem, sed spretis omnibus ordinibus, conditionibus & moribus Anglicanis, domum & familiam suas praed. per totum tempus praed. secundum barbarum & incivilem ordinem, conditionem, & morem Hibernicum custodivit & modo custodit: in manifest. contemptum Domini Regis nunc, & contra formam statuti in hujusmodi casu editi & provisi. 2. An Indictment for not commonly using to speak the English Language upon the said Statute of 28. of H. 8. cap. 15. IVr. etc. present. quòd cum A.B. de C. in Com. D. gen. per spatium unius anni ultimè praeteriti & amplius bene intellexit & loqui potuisset ac modo intelligit & loqui potest linguam Anglicanam, idem tamen A.B. spernens praedictam linguam Anglicanam, per totum tempus praedict. nec inter liberos & famulos suos in domo sua mansionali apud C. praed. nec alibi communiter usus aut locutus fuit linguam Anglicanam praedict. nec conatus fuit ad faciend. & procurand. C.B. & D. B. liberos suos ad loquend. linguam Anglican. sed ad hoc faciend. per totum tempus praed. totaliter neglexit & negligit; judgement, ut supra. in malum exemplum & dicti domini Regis contempt. manif●stum, & contra formam statut. in hujusmodi casu edit. & provis. 3. An Indictment for wearing Irish Apparel upon the said statute of 28. H. 8. cap. 15. IUr. etc. present. quòd A.B. de C. in Com. D. gen. per spatium unius anni ultimò praeteriti (non eundo, equitando, vel manendo in aliquo hostingo, Anglicè Hosting, itinere sive roda, Anglicè Rode, nec prosequeudo aliquod hutesium sive clamorem) induit & usus fuit & adhuc utitur & induit mantellum Hibernicum, & tunicam & pileum fact. secund. Hibernicum morem, & Anglican. habitum & vestitum endure & uti totaliter per totum tempus praed. neglexit & omisit, judgement, ut supra. & modo negligit, omittit, & spernit: in contempt. dom. regis nunc, & contra formam statuti in hujusmodi casu edit. & provis. 4. For keeping a Tippling house without Licence. IUratores pro dom. Rege praesentant, quòd A.B. de C. in dicto Comitatu yeoman, vicesimo die Mensis Octob. Anno Regni domini nostri Caroli, Dei gratia, Angliae, Scotiae, Franciae & Hiberniae Regis, fidei defensoris, etc. 14. & continuò multis diebus postea, viz. usque primum diem Novembris, anno supradicto, apud C. praedict. in Comitatu praedicto obstinatè, atque ex authoritate propria ipsius A.B. & sine admissione aut allocatione Commissionariorum dicti domini regis in hac parte assignatorum & authorisatorum, assumpsit super se custodire, & custodivit unam communem Tabernam, vocat. Anglicè a common Alehouse or Tippling house, & ibidem dicto vicesimo die & dictis diebus tum postea, communiter & publicè vendidit cervisiam & potum, Anglicè dict. Ale and Beer, per retalliam (Anglicè by Retail) diversis dicti dom. regis ligeiss & subditis: judgement, Fine and imprisonment. in dicti dom. regis contemptum, ac contra formam statuti in hujusmodi casu provisi ac editi. 5. An Indictment of a Priest for keeping of a Concubine. IVrator. pro dom. Rege praesentant, quòd H.K. nuper de K. in Com. W. Cleric. die etc. anno etc. Deum prae oculis suis non habens, nec legem Dei & Domini Regis timens, & ordinem sacerdotal. nihil regardans, tanquam ribald. & luxuriosus, & riotosè sicut transgressor, malefactor, & pacis dom. Regis perturbator irregulariter & extra legis morem & honestam vitae virtuosae & sacerdotiae dignitat. seipso utens, apud K. praed. in Comit. praed. hospitium illicitum levavit & custodivit, judgement, Fine & imprisonment, and bonds of the good behaviour. & quandam A.B. mulierem defamat. & stuprosam publ. & notor. custodivit & habuit, & ipsam A. B. à praed. die etc. adtunc & ibidem continuand. & adhuc quotidiè & noctanter manifestè & apertè custodivit, occupavit, & habet in communi stupro: in maximè periculos. exemplum alior. malefactor. contra pacem dicti Domini Regis etc. 6. An Indictment for keeping a bawdy-house and using unlawful games. IVr. etc. present. quòd N.W. de A. etc. Taylor, & E. uxor ejus sunt commun. lupanar. & diversis diebus & vicibus ante diem hujus inquis. in domibus suis situate. etc. manuten. hospitium lupanat. necnon diversas personas suspect. ibidem ludentes ad l●d. illicit. viz. Tables, Cards, etc. tam in die quam in nocte, post horas debit. & legit. ad gravamen inhabitant. ibidem, judgement, ut supra. ac malum exemplum alior. ligeor. Dom. Regis, etc. 7. An Indictment for keeping of evil rule. IVrat. present. quòd W.H. de Parochia S. Clement. in Com. Midd. & M. uxor ejus die etc. anno etc. ac diversis diebus antea & postea hucusque custodierunt & adhuc custod. lupanar. luxuriam & fornicat. pro omnibus homin. & mulieribus ad talia nefanda opera dispositis ac custod. common. dicing and carding, etc. & alia illicita: ad gravamen omnium vicin. ibid. inhabit. & in malum exemplum alior. ligeor. etc. & contra pacem etc. judgement, ut supra. 8. An Indictment for keeping of a bawdy-house. IUrat. present. quòd R.M. de etc. in Com. etc. & W.H. etc. die etc. anno etc. ac diversis temporibus antea & postea apud etc. tenent, custodiunt, occupant & frequentant in mansionibus suis ibid. communia hospitia lupan. luxur. & forn. & permittunt tam Clericos quam laicos homines & alias personas suspectas non boni gestus nec famae cum meritricibus carnaliter concubare: ad magnum nocumentum totius populi domini Regis ibid. prope commorantium, & in malum exemplum omnium aliorum in tali casu delinquent. nisi citius in hac parte debit. provideatur remedium, judgement, ut supra. ac contra pacem etc. 9 An Indictment against one for keeping of Vagabonds, Whores, and idle and suspected persons, and evil rule in his house. IUrat. praesentant, quòd T.E. etc. in domo sua apud etc. continuè recipit hospit. & supportat vagabond. meretrices & alios diversos homines otiosoes suspect. & malae conversation. & continuè custod. malam regulam & gubern. in domo sua praed. ad grave nocumentum & perturbat. omnium vicinor. suor. ac contra form. diversor. stat. etc. ac contra pacem etc. judgement, ut supra. 10. An Indictment against a Keeper of a common Tippling house, that he is a common barretor, & keepeth divers suspicious persons in his house, both men and women, and vagabonds, drinking and swearing, and using unlawful games, sleeping in the day and watching in the night: And for holding an heretical opinion of our Saviour Christ's humanity. IVratores etc. quòd A.B. de E. etc. est common. Tiplator cervisiae, & communis barrectator & pacis Dom. Regis perturbator, & custod. & manutenet quotidiè et noctanter in domo sua apud etc. diversas personas suspect. tam homines quam mulieres & vagabond. ibid. bibentes, jurantes, & ludentes ad luda illicita, viz. apud cards & dice, in noctibus post horas debit. & legitimas, & qui vigilant in nocte et dorm. in die: necnon habet fidem & opinion. contra verbum Dei, & haec verba dixit in Anglican. God never took flesh nor blood of our Lady: judgement, ut supra. in malum exemplum & magnum nocumentum omnium aliorum ligeor. dicti domini Regis, & contra pacem dicti dom. Regis, coron. & dignitat. suas. 11. Against a Barrettor. IUrat. pro Dom. Reg. present. quòd A.B. de C. in Com. E. Taylor, secundo die Octob. anno regni dict. dom. Regis Caroli, dei gratia, Angliae, Scotiae, Franciae et Hibern. regis, fidei defensor. etc. duodecimo, apud C. praed. in Comitatu E. praed. fuit ac adhuc est communis Barrectator & pacis dicti dom. Regis perturbator assiduus & publicus, necnon communis ac turbulentus calumniator, conviciator, pugnator, & litium inter vicinos suos seminator, adeo ut diversas lights, controversias, necnon jurgia adtunc ibid. & alibi in dicto Com. E. inter diversos dicti dom. Regis ligeos & subditos movit, procuravit & excit. In magnam pacis dicti dom. regis perturbationem, judgement▪ ut supra. ac contra formam diverse. ordin. ac statutor. hujus regni sui Hiberniae in hujusmodi casu ante hac provisor. & editor. 12. Another against a Barrettor. INquir. pro Dom. Rege si R.E. nuper de G. in Com. D. yeoman, 20. die etc. apud G. praed. in Com. praed. fuit & adhuc est communis Barrectator, & pacis dicti dom. reg. perturbator, & oppressor vicinor. suor. & al. ligeor. dicti dom. Reg. in Com. D. praed. ac communis malefactor, calumniator, & seminator litium & discordiar. inter vicinos suos praed. ad magnum dispendium, gravamen, & perturbation. vicinor. praed. & alior. fidel. ligeor. dict. dom. Reg. in Com. D. praed. contra ordinationes, leges, judgement, ut supra. & statut. hujus regni Hiberniae in hujusmodi casu edit. & provis. ac contra pacem etc. 13. For being a common Barrettor, for keeping a blind Tavern, and receiving suspicious persons, and the wife a scold. IVrat. etc. present. quòd I.S. nuper de C. in Com. N. Labourer, est homo malae conversationis & gubernationis, ac communis barrect. & pacis dom. regis perturbator; Et quòd idem I.S. apud C. praed. in Com. N. praed. custod. tenet, & occupat quandam domum sive tabern. non habent. usuale signum aptè apposite. vulgariter dict. a blind Tavern; Et quòd primo die junij etc. necnon diversis diebus & noctibus antea & postea, in eand. domum diversos homines malae conversationis & suspect. venient. omnibus horis tam noctis quam diei, recepit & hospit. est, per quod vicini sui & alij ligei populi dicti dom. reg. ibidem multipliciter vexantur, inquietantur, & gravantur, & ministri dom. reg. propter pacis conservation. officia sua ibid. exercere & exequi prohibentur, & saepenumerò in periculo amissionis vitae & laesionis corporum suor. quotidiè existunt. Et quòd I. uxor praedicti I.S. est communis objurgatrix, tam cum vicinis, quam cum alijs ligeis dicti dom. Reg. per quod populi dicti dom. reg. multipliciter molestantur, judgement, ut supra. inquietantur, & gravantur: contra pac. dicti dom. regis, etc. 14. An Indictment against a man's wife as a common Barretor and sour of dissension among her neighbours, and a common scold. IVrat. present. quòd A.E. uxor etc. de etc. in Com. etc. non est bonae famae nec conversationis honestae, sed malae dispositionis, barrectator, & pacis Dom. Regis perturbator: Ita quòd verisimile est facere murdr. homicide. lights, & discord. ac alia damna & gravamina inter ligeos dom. reg. ibid. praetextu praemiss. & est communis objurgat. & blaspheme. vicinor. suor. & mag. scandala eyes ibid. imponit: ad magn. nocument. omn. inhabit. villae praed. & perniciosam exemplum omnium alior. in tali statu delinquent. & contra pacem etc. judgement, ut supra. 15. An Indictment for burning Corn in the straw, upon the statute of 11. Car. cap. 17. IVr. etc. present. quòd A.B. de C. in Com. D. yeoman, die etc. anno etc. apud C. praed. quingent. garbas avenar. ipsius A.B. in stramine, vice triturationis, igne combussit & comburi causavit & procuravit, stramen praed. avenar. sic totaliter comburand. & consumend. & grana praed. avenar. spoliand. in contempt. Dom. regis nunc, judgement, Fine and imprisonment. & contra formam statut. in hujusmodi casu edit. & provis. 16. An Indictment of a Common Drunkard, etc. IUr. etc. present. quòd A.B. de C. in Com. D. Faber ferrarius, per spatium unius anni ultim è praeteriti apud C. praed. fuit & adhuc est communiter & quotidiè ebrius, & à toto tempore praed. in ebrietate sua fuit & est communis cavillator, pugnator, & pacis Dom. Regis perturbator: ac quòd idem A.B. die etc. anno etc. apud C. praed. in ebrietate sua, vi & armis, viz. gladijs etc. in quendam E.F. et alios dicti Domini regis subditos insultum et affraiam fecit, et pacem dom. regis nunc ad mandatum Constabularij villae praed. custodire aut observare noluit; judgement, Fine & imprisonment, and bonds of the good behaviour. et tunc et ibid. et diversis alijs diebus et vicibus minat. fuit accendere domos inhabitantium villae praed. in magnum terrorem & perturbation. ligeor. subditor. dom. Reg. et contra pacem etc. 17. An Indictment for keeping of dogs accustomed to kill sheep. IUr. pro Dom. Rege dicunt & praesentant, quòd A.B. de C. in Com. D. yeoman, quosdam canes ad mordend. oves consuetos apud S. in Com. D. praed. scienter custodivit & retinuit, qui quidem canes primo die Augusti anno etc. viginti oves cujusdam I.C. praetij etc. apud S. praed. in Comitatu praed. tam gràviter momorderunt quod oves praed. tunc & ibid. interierunt: judgement, Fine & Imprisonment. ad grave damnum ipsius I.C. ac in malum exemplum & praejudicium Reipublicae, ac contra pacem etc. 18. An Indictment where one committed to prison to a Sergeant at Mace by the Bailiff of a Town, for resistance, disobeying, and disturbing them from doing their office, escapeth out of prison, and goeth away out of the same. IVratores etc. quòd cum quidam D.E. de etc. die Martis, viz. quinto die etc. apud P. in Com. praed. commissus fuit per R.I. gen. unum ballivor. villae de P. praed. & H.L. gen. deputat. I.B. gen. al. ballivorun ejusdem villae in gaol. sive prison, villae praed. pro quibusdam resistentijs, disobedient. & malefact. per ipsum D.E. versus ipsum R. ballivum in executione officij sui virtute literar. dom. Regis eid. R. direct. ibid. moratur. sub salva custod. M. unius servient. ad clavam in villa praed. quousque praed. D. inde deliberatus & dimissus esset per debit. legis formam, praefat. tamen D. circa horam 12. in nocte ejusdem diei anno supradicto regni regis praed. prison. in qua detent. fuit (ut praed. est) adtunc & ibid. malitiosè & minus juste fregit, & ab hujusmodi prison. sine aliqua licentia evasit & escapavit: judgement, ut supra. contra formam statut. in hujusmodi casu edit. et provis. ac contra pac. dicti dom. Regis, etc. 19 An Indictment against a Priest for affirming that the Pope of Rome is supreme head of the Church of England, and against one as accessary, for comforting of him therein. IVrat. present. pro Dom. Rege etc. quòd I.S. de C. in Com. E. Cleric. die etc. anno etc. apud D. in Comitatu E. praed. scienter, consideratè, malitiosè, & directè affirmavit & defendit authoritat. Papae Romani Ecclesiasticam in hoc regno Hiberniae praeantea usurpatam his expressis verbis Anglicanis sequentibus, viz. I swear by the blessed Mass, and will avow that our holy Father the Pope of Rome is the supreme head of the Church of England: In magnam derogation. regiae authoritatis, & praerogativae dicti dom. Regis nunc, ac contra coron. & dignitat. suam, necnon contra formam statut. in hujusmodi casu edit. & provis. & contra pacem etc. Et quòd A.B. de D. praed. in Com. E. praed. Wax-chandler, sciens ipsum I. S. dicta verba locut. esse, judgement, Forfeiture of goods, and if the goods do not amount to 20.l. then besides this forfeiture a year's imprisonment. ac dictam dicti papae authoritatem (modo & forma ut praefertur) defendisse, ipsum I.S. apud D. praed. in dicto Com. E. postea, scil. die etc. anno etc. consolatus est & confortavit ex industria & ex proposito, & ad eam intentionem ut idem A.B. promoveret & praeferret & efferret praef. dicti Papae authoritatem usurpatam: in perniciosissimum alior. exemplum, ac contra coron. & dignitat. dict. dom. reg. nunc, ac etiam contra form. stat. in hujusmodi casu provis. & edit. 20. An Indictment against a Priest for practising to absolve and persuade a woman from her obedience and subjection to the King, and to obey the authority of the S●c of Rome. IUr. pro Dom. Rege present. quòd A.B. de C. in dicto Com. E. Clericus, die etc. anno etc. apud C. praed. in Com. E. praed. voluntariè, fortiter, deceptiuè, subdolè & illegitimè conatus est & practicavit absolvere, persuadere, & seducere quandam I.W. de C. praed. in Com. E. praed. viduam à naturali obedientia & subjectione sua, quam eadem I. erga dict. dom. Regem gerere debet, ad obediend. praetensae authoritati sedis Romanae, tunc & ibidem subdolè & illegitimè prae se ferens & asserens se habere potestatem & facultatem id faciendi; & tunc & ibidem subdolè, falsè & illegitimè dicens eid. johanae his Anglicis verbis sequentibus, Mother joan you shall have a black soul (I tell you) if you do not the sooner forsake the King (innuend. praed. dom. nostrum. Reg. nunc) and his heresy, and yield yourself to the obedience of our Mother Church, the holy See of Rome: contra pac. dicti dom. Regis, coron. & regalem dignitatem suam, judgement, ut supra. & contra formam statut. in hujusmodi casu provis. & edit. 21. For giving of a Livery. IUr. pro Domina Regina praesentant, quòd T.B. de C. in Com. T. armiger, die etc. anno etc. apud C. praed. in Com. E. praed. quasdam liberatas vesturae, viz. cuidam A.B. de C. praed. in Com. E. praed. yeoman tres ulnas panni lanei, colour. veneti, pretij 20. s. & C.D. de B. in dicto Com. yeoman, alias tres ulnas similis panni lanci, eorund. coloris & pretij, ad duas separales tunicas pro praefatis A.B. & C.D. inde faciendas, dedit & distribuit: ubi revera praefati A.B. & C.D. aut eorum alter, nunquam fuerunt, aut fuit, domestici servientes, aut domesticus serviens, judgement, Fine and Ransom, and forfeiture of 5.l. for every month. officiarij sive officiarius, ballivi sive ballivus dicti T.B. aut de consilio ipsius T.B. in una lege sive altera cruditi vel eruditus. In magnum dictae Dominae Reg. contempt. ac contra formam statut. in hujusmodi casu ante hac provis. ac edit. 22. For receiving and using a Livery. IVr. pro Dom. rege present. quòd A.B. de C. in Com. E. yeoman, unam liberat. panni, viz. tres ulnas panni lanei, coloris veneti (vocat. Anglicè Watchet) ad valentiam 20. s. ad tunicam inde sibi faciendam de T.B. de C. praed. in Com. E. praed. armigero apud C. praed. in dicto Com. E. 2. die Augusti etc. recepit, & ead. tunica à dicto die secundo, anno supradicto, usque diem etc. anno etc. apud C. praed. in Com. E. praed. & alibi in diversis locis infra Comitat. praed. usus est: ubi idem A.B. dicto tempore receptionis liberatae praed. aut unquam postea non fuit familiaris, officiarius, ballivus, aut de consilio dicti T.B. in una lege aut altera eruditus: judgement, ut supra. In magn. dicti domini Regis contemptum, ac contra form. statut. in hujusmodi casu ante hac provis. & edit. 23. An Indictment against a Leazar of Corn, upon the statute of 28. H. 8. cap. 24. IUratores pro Dom. Rege super sacramentum suum dicunt & praesentant quòd A.B. de C. in Com. D. Spinster, in tempore autumni, ult. praeterit. fuit communis Spicilegus (Anglicè a Leazer of Corn) & quòd die etc. anno etc. apud C. praed. in quodam agro frumenti adtunc in occupatione cujusdam I.S. de C. praedict. vocat. the Wheat field sine licentia praedicti I.S. diversas spicas frumenti ipsius I.S. ad valentiam duorum solidorum tunc & ibidem juvent. illicitè collegit (Anglicè did leaze) & easdem asportavit (frumento nuper in eodem agro crescente in agro praed. tunc remanente) In contempt. dom. Regis nunc, judgement, Fine of ●2. d. at contra formam statuti in hujusmodi casu edit. & provis. 24. An Indictment for permitting Leazers to lo●●● Corn upon the said statute of 28. H. 8. ca 24. IVr. etc. present. quod A.B. de C. in Com. D. gen. die etc. anno etc. quosdam spicilegoes (Angl. Leazers of Corn) viz. C.D. E. ●. G.H. & I.K. in quodam agro in C. praed. voc. the Wheat field tunc in occupatione ejusd. A.B. diversas spicas ad valentiam duor. solidor. colligere (Anglicè to leaze) voluntariè & illicitè permisit (frumento in agro praedicto nuper crescente in eod. agro tunc rem●nente) In contempt. dom. Regis nunc, judgement, ut supra. ac contra formam stat. in hujusmodi casu edit. & provis. 25. An Indictment for keeping Inmates that leaze Corn in harvest upon the said statute of 28. ●. 8. ca 24. IVr. &c present, quòd A. B. de C. in Com. D. Husbandman, in tempore autumni, viz. à primo die Augusti ult. praeteriti usque ad ult. diem Septembris ult. praeteriti recepit & custodivit in domo sua apud C. praed. diversus personas vocat. Inmates, viz. I.F. G.H. & I.K. quae quidem personae per totum tempus praedict. fuerunt communes spicilegi (Anglicè Leazers of Corn) & quòd praedict. I.F. G.H. & I.K. die & anno &c. apud C. praedict. in quodam agro adtunc in occupatione cujusdam I.S. vocat. the Wheat field, ac in quamplurimis alijs diebus & locis in Com. praedicto inter predict. primam diem Augusti & ult. diem Septembr. ultimè praeterit. quam plurimas spicas ad valentiam 40. s. sine licentia ejusd. I.S. aut alicujus seu aliquorum occupatorum illorum agror. ubi spicae praedictae collectae fuer. vel eorum alicujus illicitè colligerunt, Anglicè have leazed, (frumento in agro praed. nuper crescente in eod. agro tunc remanente) in contempt. dom. regis nunc, judgement, Fine of 6, s. 8.d. & contra form. statut. in hujusmodi casu edit. & provis. 26. An Indictment upon the statute of Anno 1. Eliz. against a Priest for saying of Mass in the vestry of a Church, and for using in the Celebration of the Lords Supper other rites and Ceremonies than are appointed in the Book of Common prayer in anno 5. & 6. E. 6. and against two others for hearing the said Mass. IUr. etc. dicunt & praesentant, quòd G. C. nuper de E. in Com. E. Clericus, the etc. anno etc. apud E. praed. in Com. E. praed. in quodam loco ibid. vocat. the vestry-house, juxta Ecclesiam parochialem de E. praed. in Com. E. praed. voluntariè usus fuit privato alio ritu, ceremonia, forma, & modo celebrationis Coenae Dominicae (voc. the Lords Supper) quam in quodam libro intitulato Liber Communu precation. & administration. Sacrament. & aliorum rituum & Ceremoniar. Ecclesia Anglicanae, authorizato per Act. Parliamenti tenti in annis quinto & sexto regni Domini Edw. nuper reg. Angliae sexti, declare. & mentionat. existit; viz. dicend. & celebrando unam privatam missam: contra formam statuti in Parliamento Dom. Eliz. nuper Reginae apud Dublin. anno regni sui secundo, tento, editi & provisi, & contra pac. Dom. Regis nunc, coron. etc. & quoth T.B. nuper de B. in Com. praed. yeoman, judgement, for the Priest a years imprisonment, and for the hearers of the Mass the fine of 100 marks. & I.M. nuper de W. in Com. praedicto Labourer, die & anno supradictis, apud W. praedictam in Com. praedicto, tempore celebrationis praed. Coenae Dominicae modo & forma praedictis fuerunt praesentes & voluntariè audientes Missam praedictam in forma praedicta dictam & celebrat. contra formam statuti praed. ac contra pacem etc. 27. An Indictment for laying Hemp and Flax in a River upon the statute of 11. El. cap. 5. IVrat. etc. present. quòd A.B. de C. in Com. D. Husbandman, die etc. anno etc. apud C. praed. in Com. praed. unam carectatam lini valoris viginti solidor. & unam carectat. cannabis valour. 20. s. in quodam frisco torrenti in C. praed. (vocat. the Brook of C. praed.) posuit & locavit ad macerand. per quod aqua praed. Torrentis per magn. tempus corrupta venenata & intoxicata devenit: judgement to be fi●ed triple ●alu● etc. ad common nocument. inhabitantium villae praed. & contra form. stat. in hujusmod casu edit. & provis. The like Indictment may be made for laying any limed hides in a running water, mutatis mutandis. 28. For Nuisance in the King's high way by enclosing of part of the way. IUr. etc. dicunt & present. quòd E. S. nuper de W. in Com. W. praed. gen. secundo die Maij, anno etc. partem cujusdam viae regiae in W. in Com. praed. ducent. à W. praed. usque ad S. in eod. Comitatu, viz. à W. praed. usque ad quandam foveam in S. praed. in praedicto Com. W. (vocat. le common pit,) in ead. via existentem, cum sepe & fossa inclusit & obstruxit, & eand. viam regiam sic inclus. à praedicto 2. die Maij, usque diem captionis hujus Inquisitionis in pasturam convertebat, & adhuc custodit, in malum & perniciosum exemplum aliorum, judgement, Fine and imprisonment, and to remove the Nuisance. & ad grave damnum & common nocument. omnium ligeor. subditorum dicti domini Regis ibidem prope inhabitantium, quorum interest illâc transire, ac contra formam diversorum statut. in hujusmodi casu edit. & provis. & contra pacem dicti domini Regis etc. 29. An Indictment for stopping and turning of a watercourse in a town, by reason whereof diverse men's lands be overflowed. IUr. etc. present. quòd T.B. nuper de S. yeoman, & I.P. nuper de S. yeoman, die etc. anno etc. necnon diversis alijs diebus & vicibus tam antea quam postea apud S. praed. quendam aquae cursum obstupavet. & diverter. per quod praed. aquae cursus fluebat super solum & liberum tenement. quorundam etc. ad grave damnum ipsorum, judgement, ut supra. necnon omnium tenen. vellae de S. praed. & in perniciosum exemplum alior. & contra pacem etc. 30. An Indictment for stopping and enclosing the King's high way with hedge and ditch. IVr. etc. present. quòd A.B. de etc. 6. die April. etc. vi & armis, etc. regiam viam apud etc. tam fossat. quam sepe injustè obstupavit & inclusit, quae quidem via jacet in vico voc. etc. & extendit se usque regiam viam apud hospital. S. Cornelij, ita quòd homines neque pedestres neque equestres per praed. viam pertransire possint: Et quòd praed. via debet & à tempore quo non extat memoria solebat esse communis via, quousque A.B. illam in form. praed. fecisset, judgement, ut supra. contra pac. etc. ad grave damn. & common nocumentum ligeor. dicti Domini Regis. 31. An Indictment against divers persons for profaning the Lords day by keeping Markets etc. IUr. etc. present. quòd A.B.C.D. & E.F. de S. in Com. D. praed. Labourers, apud S. praed. in Con. praed. in die dominico, viz. die etc. 39 An Indictment for using more A●●●●en one, upon the statute of Anno the 3. E●●●. IVr. etc. present. quòd cum in statuto in Parliamento dom. E. nuper Regis Angliae 3. post conquestum, anno regni sui 3. tento, edito, inter caetera ordinat. sit & statut. Quòd artifices & gentes occupation. habentes (& quilibet eorum) ad suam artem seu occupationem se teneant, & quòd nullus exerceat aliam artem seu occupat. nisi tantum eam quam elegit: Et si aliquis in contrarium fecerit, per imprisonament. corpor. sui per spatium duor. annor. puniatur, & ulterius finem & redemptionem dom. Regi fac. prout in eod. stat. plenius continetur: Quidam tamen A.B. de C. in Com. H. Baker, alias dict. A.B. de C. in Com. H. praed. Milner, stat. praed. minimè ponderans, nec poenam in eod. stat. content. verens à secundo die julijanno etc. usque quartum diem April. anno etc. suprad. tam artem molendinar. quam artem pistor. panis humani apud C. praed. continuè exercebat: judgement, ut supra. in Dom. reg. nunc contempt. & contra form. statut. praed. 40. An Indictment against one for taking above the rate of 10.l. in the 100 l. for the loan thereof for one year. IVr. etc. present. quòd ubi A.B. de C. in Com. E. Mercer, die etc. anno etc. apud C. praed. in dicto Com. E. mutuò dedisset ac accommodasset cuidam D. E. de C. praed. in dicto Com. E. Shoemaker, summam 20. l. in pecunijs numeratis de pecunijs dicti A.B. ea intention, ut idem D.E. 20.l. eid. A.B. redderet & resolveret primo die Apr. tunc proximè futuri, Idem A.B. adtunc & ibid. injustè cepit & habuit prae manibus de praenominato D.E. viginti sex solidos in lucro, usura, & proficuo, pro differendo & dando diem solutionis (sic ut praefertur) carund. 20. libr. à die etc. usque ad diem etc. tunc proximè sequent. qui quidem viginti sex solidi (modo & forma praed. prae manibus capti & habiti) multo excedunt & superant ratam & proportion. decem libr. pro centum libris pro uno anno integro accommod. ad damnum non mediocre ipsius D.E. ac in contempt. dicti dom. reg. nunc, judgement, Fine & Imprisonment. necnon contra form. stat. in hujusmodi casu provis. & edit. & contra pacem etc. 41. For bewitching a horse whereby he wasted and became worse. IUr. etc. present. quòd S.B. de C. in Com. E vidua, die etc. anno etc. quasdam artes nequissimas (Anglicè vocat. Enchantments and Charms) apud C. praed. in Com. E. praed. malitiosè & diabolicè in, super, judgement, a years imprisonment, & every quarter to stand six hours upon the pillory. & contra quendam equum, colour. albi, pretij 4.l. de bonis & catal. cujusd. I.S. de C. praed. in dicto Com. E. gen. existentem, exercuit & practicavit; Per quod idem equus dicti I.S. die praed. apud C. praed. omnino pejoratus est & vastatus: contra pacem dicti dom. Regis, & contra formam stat. in hujusmodi casu edit. & provis. 42. An Indictment upon the statute for practising and using Witchcraft, Enchantments, Charms, and sorceries to find out goods stolen. Civitas Dublin. ss IUrat. pro dom Rege present. super sacrament. suum, quòd E.C. nuper de parochia sancti jacobi Apostoli in Com. Civitatis Dublin. Plasterer, & M.S. de parochia S. Nich. extra muros Civitat. D. in eod. Com. Bodies-maker, timorem Dei prae oculis suis non habentes, 8. die Martij, Anno regni dom. nostri C roli, dei gratia, nunc Angl. Scotiae, Franciae, & Hiberniae Regis, fidei defensor. etc. 13. & diversis alijs diebus & vicib●s, tam ante quam post, apud D. viz. in praedict. parochia S. jacobi Apostoli in Com. praed. & diversis alijs locis in eodem Com. nequitèr, diabolicè, & malitiosè super se susceperunt per artes nefandas, diabolicas, & detestandas (Anglicè vocat. Witchcraft, Enchantments, charms, and sorceries) narrare & declarare ubi bona & res furat. inveniri poterint, scil. ubi quaedam pecia de panno lineo vocato holland continens sexdecim ulnas praetij cujuslibet ulnae inde sex solid. & octo denar. de bonis & catallis E.H. viduae tunc nuper farat. & felonicè asportat. per quandam personam ignot. inveniri potuisset & per quam personam eadem pecia capta fuit; Et adtunc & ibid. neq●iter diabolicè & malitiosè utebantur & practicaver. praed. arts nefandas, diabolicas & detestandas (Anglicè vocat. Witchcraft, Enchantments, Charms & Sorceries) add dignoscend. & scientiam habend. ubi praedicta pecia de panno lineo praed. inveniri potuisset, & per quam personam eadem pecia de panno lineo praed. furata fuit: ac per hujusmodi artes nefandas diabolicas & detestandas (Anglicè vocat. Witchcraft, Enchantments, Charms, and Sorceries) nequiter, diabolice, & malitiosè adtunc & ibidem procuraverunt & causaverunt quandam E.M. innocent. & de hujusmodi crimine minimè ream existen. de furto & felonica captione & asportatione praed. peciae de panno lineo praed. suspect. & impedit. fore in dicti dom. regis nunc contempt. & in perniciosum exempl. aliorum ac contra formam & effectum stat. in hujusmodi casu edit. & provis. etc. judgement, ut supra. 43. An Indictment upon the statute for practising Sorceries, Enchantments, Charms or witchcraft with intent to hurt one in his body or members. Civitas Dublin. ss IUr. pro dom. rege present. super sacram. suum, quòd M.K. de parochia S. Kevini in Com. Dubls. Spinster, uxor R.K. alias dicta M.G. & M.F. de paroch. S. Mich. Arch. Dublin. in Com. Civit. D. Spinster, uxor T.F. ultimo die Martij, Anno regni dom. nostri Caroli, dei gratia nunc Angl. Scotiae, Franc. & Hiber. regis fidei defensoris etc. 13. & diversis alijs diebus, tam ante quam postea, apud D. viz. in praed. parochia S. Mich. Arch. Dublin. in warda Sancti Mich. in Com. Civit. D. voluntariè, nequiter, & malitiosè utebantur & practicaver. arts nefandas & diabolicas (voc. Sorcery, Enchantment, Charms or witchcraft) in, contra, judgement, ut supra. & super quand●m C. uxor. F.K. ea intentione ad nocend. (anglice to hurt) eidem C. in corpore & membris ipsius C. contra pacem dicti dom. Regis nunc, Coronam & dignitat. suas, & contra formam & effectum statut. in hujusmodi casu edit. & provis. etc. Having now furnished the Clerks of the Crown, and of the Peace with a competent number of Precedents of Indictments of several sorts, whereby, and by the help of those directions which are declared in the eighth Chapter of the second Book, any ingenious Clerk may be able to frame an Indictment for any offence whatsoever, either at the Common law, or upon any statute: it now only remaineth to furnish them with some Precedents of Process which are to be issued upon those Indictments, and so to conclude this work. Process upon Indictments and Presentments, taken out of Mr Lambert, who collected them out of the old imprinted Book of the justices of Peace. Note that the Process upon an Indictment of Treason or Felony is usually A Capias. A Capias alias. An Exigi facias. And in every such Capias there aught to be three week's space between the Date and the Return thereof. The Capias is thus. IAcobus, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem. Praecipimus tibi, quòd non omittas propter aliquam libertatem in balliva tua, quin eam ingrediaris, & capias A.B. de C. in dicto Comitatu Labourer, & eum saluò custodiri facias; ita quòd habeas corpus ejus coram custodibus pacis nostrae, necnon justiciarijs nostris ad diversa felonias, transgressiones, & alia malefacta in dicto comitatu tuo perpetrata audiendum & terminandum assignatis, ad proximam generalem Sessionem pacis comitatus tui post clausum Paschae proximè futurae tenendam (ubicunque in eodem Com. teneri contigerit) ad respondendum nobis tunc ibidem de quadam felonia unde indictatus existit. Praecipimus etiam tibi, quòd non omittas propter aliquam libertatem in balliva tua praedicta, quin diligenter inquiras quae bona & catalla praedictus A. B. habet in balliva tua, & ea in manus nostras seisiri facias, ut ulterius inde fieri possit, prout de jure, & secundum legem & consuetudinem regni nostri Hiberniae fuerit faciendum; Et habeas ibi tunc hoc praeceptum. Teste H. Co. milite apud M. praedictam in Comitatu praedicto 24. die Februarij, anno regni nostri, etc. The Alias Capias. IAcobus, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem: Praecipimus tibi (sicut alias praecepimus) quòd non omittas propter aliquam libertatem in balliva tua, quin eam ingrediaris, & Capias A.B. de C. incomitatu tuo Labourer, and so word for word as the Capias before changing the days only. The Exigi facias. IAcobus Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem: Praecipimus tibi quod exigi facias A.B. de C. in dicto Com. Labourer, de Comitatu in Comitatum, quousque secundum legem & consuetudinem regni nostri Hiberniae utlagetur si non comparuerit, et si comparuerit, tunc eum capias & saluò eum custodiri facias, ita quod habeas corpus ejus coram custodibus pacis nostrae, necnon justiciarijs nostris ad diversa felonias, transgressiones, & alia malefacta in dicto Com. perpetrata audiendum & terminandum assignatis, ad generalem Sessionem pacis Comitatus tui proxim. post festum S. Michaelis Archangeli proximè futur. tenendam (ubicunque in eodem Com. teneri contigerit) ad respondendum nobis de quadam felonia unde indictatus existit, & unde tu ipse mandasti coram praefat. justice. nostris (tali die etc.) quòd praefatus A.B. non est inventus in balliva tua, & habeas tunc ibi hoc Breve. Teste H.C. milite, apud M. in come. praedicto, sexto die Septembris, anno regni nostri 2. Ad quem diem I.F. armiger, vicecomes Comitatus praedicti, retornavit, quod ad Comitatum suum tentum apud P. 4. die Maij, anno regni dom. regis nunc, etc. (& so showing the days of his other four Counties) praedictus A.B. exactus fuit, & non comparuit, & propterea utlagatus fuit. The common Process upon other Presentments, not being in Felony, nor specially set forth in statutes, is in that old book declared to be, first: A Venire facias thus., IAcobus, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem: Praecipimus tibi, quòd non omittas propter aliquam libertatem in balliva tua, quin venire facias A.B. de C. in dicto Comitatu tuo yeoman, coram custodibus pacis nostrae, necnon justiciarijs nostris ad diversa felonias, transgressiones, & alia malefacta in dicto Com. perpetrata audiendum & terminandum assignatis, ad general. Sessionem pacis comitatus tui proximè post, etc. ad respondendum nobis super quibusdam articulis super ipsum A.B. praesentatis, & habeas ibi tunc hoc praeceptum: Teste etc. And if upon this Venire facias the party be returned sufficient, than a Distringas must go out, and so the same Process infinite, until he come in, which is thus. IAcobus, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem: Praecipimus tibi, quòd non omittas propter aliquam libertatem in Balliva tua, quin eam ingrediaris, & distringas A.B. de C. in comitatu tuo yeoman, per omnia terras & tenementa &c. Et quod habeas corpus ejus coram praefatis justiciarijs etc. ad respondendum etc. Teste etc. But if Nihil habet be returned at the first against him, than a Capias. An Alias Capias. A Pluries Capias, which hath no change, but the word Pluries for Alias: and lastly, an Exigi facias must be awarded against him. This is the general Process: the special must be s ught for in the tenth Chapter of the second Book, and in those statutes whi●h do namely appoint them. A Supersedeas to stay the taking of one that is indicted of some Trespass or Contempt. IAcobus, Dei gratia, Angliae, Scotiae, Franciae et Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem: Quia A.B. de C. in dicto Com. yeoman, venit in Curia nostra coram H.C. milite & socijs suis custodibus pacis nostrae, ac justic. nostris ad diversa felonias, etc. assignatis, apud M. tali die etc. et invenit sufficientem manucaptores essendi coram praefatis justiciarijs ad proximam generalem Sessionem pacis in dicto Comitatu tenendam, ad respondendum nobis de quibusdam transgressionibus super ipsum praesentatis: ideo tibi praecipimus, quòd de capiendo praefatum A.B. seu ipsum imprisonando, vel eum ea de causa aliqualiter molestando, omninò supersedeas. Et si eum ea de causa & non alia ceperis, tunc ipsum sine dilatione deliberari facias. Teste praefato H.C. milite, apud T. praedictam, die & anno &c. A Supersedeas to stay the Exigi facias upon an Indictment of Felony. IAcobus, Dei gratia, Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. vicecomiti Kanc. salutem: Quia A.B. de C. in dicto comitatu tuo yeoman, venit in Curiam nostram apud M. tali die etc. coram H.C. milite & socijs suis custodibus pacis nostrae, necnon justiciarijs etc. ac se reddidit prisonae nostrae (occasione quarundam feloniarum unde coram eis indictatus est) ut in eadem moretur, sicut nobis constat: Or thus, Quia invenit nobis sufficientem manucaptionem essendi coram praefatis justiciarijs ad proximam generalem Sessionem pacis in dicto comitatu tenendam, ad respondendum nobis de quibusdam felonijs, unde coram eis indictatus existit, ideo tibi praecipimus, quòd de ulterius exigendo praefatum A.B. ad aliquem Comitatum tuum, vel eum imprisonando, sive ipsum ea occasione molestando, omnino supersedeas. Et habeas ibi hoc Breve. Teste, etc. Some other forms of Supersedeas there be in that old Book, proceeding from one justice of Peace, which I do pretermit, because I see not how they be warranted at this day: Nevertheless this Precept following I will draw from thence, that others may advise upon it. For the removing of a petit Constable. IAcobus, Dei gratia etc. vicecom. Midd. necnon capitali Constabulario hundredi de W. & eorum cuilibet, salut. quia W.P. & R.S. subconstabularios villae de C. & K. (certis de causis nos moventibus) ab officio suo amoveri & exonerari fecimus, ideo vobis & cuilibet vestrum conjunctim & divisim praecipimus & mandamus, quòd I.T. & R.M. ad omnia & singula eid. officio incumbentia bene & fideliter exercenda & exequenda (prout ipsi nobis inde respondere voluerint) jurare faciatis: dictisque W.P. & R.S. similiter injungentes, quòd ipsi de dicto officio ulterius exercendo & exequendo nullatenus se intromittant, quousque aliud de nobis habuerint mandat. Et quicquid inde feceritis, justic. nostris ad pac. nostram in dicto commit. conservandam assignatis ad proximam general. Sessionem pacis apud C. in dicto Com. tenend. certificetis, hoc praeceptum nostrum tunc & ibidem remittentes. Teste T.M. uno justic. nost. praed. tali die etc. A Writ of Restitution upon the statutes of 28. H. 8. ca 10. 3. & 4. Phil. & Ma. ca 6. to the owner of stolen goods. IAcobus, Dei gratia, etc. I.F. Ballivo de M. in Comitatu nostro Kanc. generoso salutem. Quia I.S. nuper de O. in dicto Com. Labourer nuper indictatus, rectatus, & legitimo modo per patriam apud M. in Comitatu praedicto coram H C. milite & socijs suis custodibus pacis nostrae, necnon justiciarijs nostris ad diversa felonias, transgressiones, & alia malefacta in dicto Com. perpetrata audiendum & terminandum assignatis, ratione evidentiae per E. H. de L. in Comitatu praed. contra eundem I.S. datae, inventus fuit culpabilis, de eo quòd idem I.S. 2. die Maij, anno regni nostri 2. apud O. praedict. in Com. praed. duas vaccas (coloris rubei, ad valentiam 3. li.) de bonis & catallis praefati G. H. adtunc ibidem inventas felonicè cepit & abduxit, Ideo tibi praecipimus pariter & mandamus, quòd si bona & catalla praedicta, vel aliqua inde parcella, ad manus tuas devenerunt, tunc tu bona & catalla praedicta eid. G.H. deliberari facias indilatè: Et si bona & catalla praedicta ad manus tuas non devenerunt, tunc de bonis & catallis praed. I.S. quae in manibus tuis jam existunt seu in posterum ad manus tuas devenerint verum valorem praed. trium libr. deliberari facias, unde per Barones de Scaccario nostro super computum tuum habebis allocationem, secundum formam statut. in hujusmodi casu edit. & provis. Testibus praef. H.C. milite, & A.B. arm. uno justic. praedict. apud M. praed. 24. die Sept. anno regni nostri etc. The Return of a Certiorari, sent to remove an Indictment, may be thus: First, upon the backside of the writ of Certiorari, endorse these, or the like words: Executio istius Brevis patet in quadam Scedula eidem Brevi annexa. And that Schedule may be thus. EGo A.B. unus custodum pacis, ac justiciariorum Dom. Regis, ad pacem in dicto Comit. Kanc. conservandam, necnon ad diversa felonias, transgressiones, & alia malefacta in eod. Com. perpetrata audiendum & terminandum assignatorum, virtute istius Brevis mihi deliberati, indictamentum illud (unde in dicto Brevi fit mentio) unà cum omnibus idem indictamentum tangentibus, in Cancellariam dicti Domini Regis, distinctè & apertè sub sigillo meo certifico. In cujus rei fidem & testimonium, ego praefatus A.B. his praesentibus sigillum meum apposui: Datum die mensis, Anno Regni, etc. Then take the Record of the Indictment, and close it within the Schedule, and seal them both together. FINIS. Errata In the first Book. Pag. 8. Sect. 28. lin. 4. of that Section for running read cunning. In the second Book. Pag. 18. Sect. 16. lin. 1. put out the word Ministers. pag. 35. sect. 2. lin. 2. for Pond, read Pone. pag. 36. sect. 12. lin. 1. for Hankeford read Hankeford. pag. 45. in the last line for palustra read plaustra. pag. 46. lin. 27. for concessum read consideratum. pag. 47. sect. 5. lin. 2. read belongeth to the arraignment. In the Precedents. Pag. 32. lin. 1. of the 33. Precedent for quod read si. pag. 39 lin. 21. for sagittant. read sagittans. Catera sunt pauca, l●via, & obvia.