A brief SUMMARY OF THE LAW and STATUTES OF ENGLAND, So far forth as the same do concern the Office of Justices of the Peace, Sheriffs, Bailiffs, Constables, Churchwardens, and other Officers and Ministers of the Commonwealth. Together with Divers other Matters not only acceptable for their rarity, but also very necessary for their great use and profit, for all persons, but especially for such as bear Office in this Commonwealth. Collected by Nicholas Collyn, of the Honourable Society of Lincolns-Inne, Esquire; and sometimes Reader there; and an ancient justice of the Peace & Quorum in the County of Middlesex; and one of the four Pleaders of the honourable City of LONDON. LONDON, Printed by T. L. for Matthew Walbancke, at Grayes-Inne-Gate, 1655. TO THE READER. THis abridgement of the Laws and Statutes following, was Penned by one that was an ancient justice of the Peace in the Country, which he did for his own convenience and ease: it being more plain and full, and yet more brief and compendious, than any abridgements that are in Print, and an easy Pocket-book to be carried about with facility as occasion may be offered, containing in few words, most plainly & fully the effects & meanings of all laws & Statutes, that concern the justices of the peace either in their Sessions, or out of the same, or that do concern the offices of Sheriffs, Mayors Bailiffs, Constables, Churchwardens, Overseers for the Poor, Surveyors of the Highways, and all other officers and ministers of the Peace and Commonwealth. This manuscipt with some others, wereleft by the Author, or Collector, with some of his neerfriends, who are ready & wiling, according to his mind, to make the same more common, that so it may be the more useful to all officers and Magistrates, that have occasion to inform themselvs what the substance of the Law and Statutes are, that so they may per form their several offices and duties in such manner as they ought to do. The penner here of did it the first for his own particular use, not once intending any other thing: but when some of his intimate friends who bore office in the Common wealth, had once the knowledge of it and had perusedit, they would never be without it, but made more use of it for a help to their memory, than of any Printed Book whatsoever. And as it was profitable to some few, so it may by the publishing of it, be to many more for the future. THE TABLE. ALehouses, etc. fol. 1. Abjurgation, see Recusants 5. Affray, see Constables 18. Agnits Dei, see Rome. Apprentices, see Labourers 11. Archery, fol. 4. Armour, fol 5. Arrow-heads, see Archery 2. Artificers, fol. 6. Assize of Bread and drink, fol 8. B badger's, etc. fol. 9 Bark, fol. 10. Barator, ibid. Bailment, see Prisoners 7. Bakers, see Assize and Artificers 1. Bastardy, fol. 11. Battery, see Assault. Beggars, see Vagabonds. Bigamy, see Matrimony. Bowyers, see Archery. Brasier, see Pewter. Brewer, fol. i3. Bridges, see high ways, 16. Buckstalls, see hunters 5. Buggary, and Burglary, fol. 14. [15: Burning of houses, fol. 10. Butchers, fol. 16. Butts, see Archery, 3. C Calf's, see Butchers 5. and Milk-cows. Captains, etc. fol. 18. Cattle, see Forestallers, 5. Certiorari, see Removing of prisoners, etc. Champertors, see Maintenance 2. Chance-medley, see Manslaughter. Church and Churchyard, fol. 20. Church wardens, fol: etc. 22. Clergy, fol: 24. Clerk of the Market, fol. 25: Cloth, ibid. Confederacy, see Masons. Conjuration, fol. 27. Constables, fol. 29. High ways; fol: 36. Cook, see Butchers: Correction-house, fol: 37: Cooper's, fol: 38. Corn, fol. 40. Coroners, ibid. Cottages and Inmates, fol 42 Counterfeiting Letters and Tokens, fol. 43. Crossbows, see Guns: Currier, see Leather. Cutting out tongues, see tongues. Cutting of a pond head, see Fish 3. Cutpurse, fol. 43. D Dear, see Hunters. Dyers, see cloth. Disturbing, see Preachers. 1. Dogs, see Hunters. Drunkenness, see Alehouses 2, 4 Ducks, see Pheasants 3. E Eggs of Wild fowl, see Wild-fowl. Egyptians, see Vagabonds. Eyes, see Tongues: Escape, fol. 44: Escheators, fol: 45: Estreats, see Sheriffs 1, 2: Eavesdroppers, see Good-behaviour: Extortion, fol: 46: F FAlse Tokens, see Counterfeitors: Fairs, fol. 47: Pheasants, fol. 49: Ferrets, see Hunters: Fight, see Church. Fish and Fishers, fol: 52: Fish days, and eating of Flesh fol. 54. Force, and forcible Entries, fol. 55. Forestallers, fol: 56. Forgery, fol. 59: Foreign power, see Rome. Fowl, see Pheasants 3. G GAmes, see Plays. Goal, see Prison. Goldsmith and Gilding, fol. 60 Good-behaviour, ibid. Grayhound, see Hunters 6: Guns, fol: 61. H HAbeas Corpus, see removing of Prisoners. Hares, see Pheasants 36. Harvest, see Labourers 3. Hawks and Hawking, fol: 64. Hay and Oats, see Inholder: Hedge breakers, see Trespass. Herons, fol-66. High ways, fol. 67. Horses, fol. 72. Horsbread, see Inholders. House-Doves, see Pheasants: Hue and Cry, fol. 72. Hunters and hunting, fol. 75. Husbandry and Tillage, fol: 78. I Jesuits, see Recusants. Imbracery see Maintenance. Indictments, fol. 79. Informer, fol. 80: Engrosser, see Forestallers. Inholders, fol. 81. Inmates, see Cottages, 3. inrolments, fol. 81. Issues, see Jurors 2 jurors, fol. 82. L LAbourers, and servants, and Apprentices, fol. 83. Larceny, fol. 88 Leather, ibid. Lying in wait, see Assault 3. Linnen-cloth, see Cloth 5. Liveries and Retainers, fol. 92 Logwood, see Dyers. M Maim, fol. 92. Maintenance, fol. 93 Manslaughter, fol. 94. Mariners, see Captains 4. Masons, fol. 99 Market, see Fairs Mass, see Preachers 7. Matrimony. fol 99 Malt, fol. 96. Milk-cows, fol. 97. Miller, see Toll. Minister, see preachers. Misprision, see Treason. Mortuary, fol. 98. Murder, see Manslaughter. Musters, see Captains, 2. N NEts, see Fish and Hunters 6. Nightwalkers; see Good-behaviour. Nuisances; see High ways 6. 7, 14 O OFficers; see Constables and Church wardens. Ordinary, fol. 100 Overseers of the poor, see Church wardens. P PArliament, fol. 200. Park, see Hunters. Parson, vicar, etc. see preacher. Partridges, see pheasants. Perjury, fol. 101. Petty Treason, ibid. Petty Larceny, see Larceny. Pewter and Brass, fol. 102. Pigeons, see pheasants, 3. Plague, fol. 102. Plays, fol. 103. Ponds, see Fish. Pope, see Rome. Poor people, fol. 104. Poisoning, see Manslaughter Preacher, fol. 108. Priests, see Recusants. Praemunire, see Treason. Presentment, see Indictments. Prison and prisoners, fol. 111 Promoter, see Informer. Prophesying, see Conjuration. Purveyors, fol. 116. Putting out Eyes, see Tongues. R RApe, fol. 118. Recusants, fol. 110. Regrators, see Forestallers. Removing prisoners, etc. fo: 121 Repair to the Church, see Church 4. Rescues, fol. 121. Restitution, fol. 122. Retainers, see Maintenance. Riots, Routs, etc. fol. 123. Robbery, fol. 128. Rogues, see Vagabonds. Rome, fol. 129. S SAcrament, see preachers, 2. Salmon, see Fish. Schoolmaster, see Recusants Seal; see Weights. Searcher; see Leather 1. 2. etc. Seed Corn, see Corn. Seminaries, see Recusants. Servants, see Labourers. Setting Dogs, see Hunters 6. Sewers, fol. 130. Sheep, ibid. Sheriff, fol. 131: Shoommaker, See Leather 17 Shooting, see Guns. Soap vessels, see Cooper's. Soldiers, see Captains, etc. Spinsters and carders, see cloth 4. Stock of the county see Treasurer: Stolen Goods, see Restitution. Subsidy, fol. 133. Swans ibid. T Tanner's, see Leather 3. Testimonial, see labourer's Theft, see Robbery. Tillage, see husbandry. Tilemakers, fol. 134. Tinkers, see Vagabonds: Tippling and Tiplers, See Alehouses 1. ol. fol. 135. Tongues, sol. 136. Transportation, ibid. Traverse, fol. 138 Treason, fol. 139. Treasurer, fol. 141. Trespass, fol. 143. Trout, see Fish. Turn of the Sheriff, see Sheriff. V VAgabonds fol. i44. Vessels, see Cooper's. Victuals and victuallers, fol. i47 Unlawful Games, see plays Undertake work and not finish see Labourers 8. Usury, fol. i48. W WAges, fol. i49. Weanlings, see But cher. Watch and ward, fol. i49. Wax, fol. i50. Warren, see Hunters 1, 2. Weavers, see Cloth 4. Weights and measures, fol. i50 Wild, fowl, fol. i52. Wines, fol. i53. Witchcraft, see Conjuration. Wood, fol. 154. Wool, ibid. Women, see Rape and Labourersie. Y YArn, fol. 54. 〈◊〉 Resolutions of the judges of Assize upon certain Questions touching parishes etc. fol. i57. The judge's opinions concerning the commissions by which the justices sit at Newgate, etc. fol. 177. Coroners of their Office and Authority, etc. fol. i83. In what cases a man shall have his Clergy and in what not &c fol. i89. A brief SUMMARY, OF THE Laws and Statutes Of ENGLAND. Alehouses and Drunkenness. An alehous keeper permitting any to continue drinking in 〈◊〉 house. 1 IF any Innkeeper, or any Alehousekeeper, shall suffer any person dwelling in the Town, Village or Hamlet, where such Inn or Alehouse is, to remain and continue drinking there, other than persons invited by Travellers, accompanying them only, during their necessary abode there, Labouring men, and Handicraftsmen for an hour at dinner time; and La bourers and workmen which for following their work, lodge and victual in such houses, otherthen for urgent occasions allowed by 2. Justices of the Peace, he sha●l forfeit to the poor there for every such offence proved by two witnesses upon Oath, or seen by a Justice of the Peace of that limit, 10. s. 1 jac. 9 & P. 6. By the Stat. of 7. jac. 10. he shall be disabled to keep an Alehouse for 3. years after. 2. Whosoever shall continue drinking in Inn or Alehouse in the town where he than dwelleth contrary to the Stat. 1 jac. 9 before mentioned, the said offence being proved, or seen, as aforesaid, and presented within Six months, shall sorfeit and pay to the use of the poor there, within a week after for every such offence 3. s. 4. d. And if the offender be not able to pay the said forfeiture, than he shall be set in the stocks 4. hours, 4 jac. 5. and Poult drunkenness. Nota. Note that if any Alehouse-keeper shall so continue drinking in the town where he dwells, he shall be disabled three years, per le Stat. 4 jac. 5. and 7. jac. 10. 3. If any Innkeeper or Alehousekeeper, etc. shall utter or sell less than a full Ale quart of the best Beer or Ale for a penny, and of small two quaits for a penny, he shall forfeit for every such offence being proved as aforesaid, 20. s. to the use of the poor there, 1. jac. 9, & Peult. Alehouses, 7. etc. But by the Stat. 7 jac. 10. he shall be disabled 3. years. A drunkard. Whosoever shall be drunk, and thereof be lawfully convicted within Six months after, shall forfeit and pay to the use of the poor there within one week 5. s. and if he be not able to pay it, than he shall be set in the stocks six hours, and if after that he shall be again convicted of the like offence, than he shall be bound with two sureties in 10. l. to be from thence forth-of good behaviour, 4 jac. 5. & Poulton drunkenness i, & 5. Note that such offenders being once punished by the Ecclesiastical Laws, shall not est soons be punished for the same offence, 4 jac. 5. P. Drunkenness, 8. 5. Whosoever shall keep Alehouse without licence, or contrary to the commandment of two Justices of the peace one of them being of the quorum, shall be imprisoned 3. days without bail, and before his delivery to be bound by recognizance with two sureties not to keep Alehouse any more, as the Justices shall think sit. And shall be also fined by the Justices in their open Sessions for every such offence 20. l. 5 & 6 Ed. 6. 26. The penalty for selling Ale or Beer the persons unlicensed, see Brewers, 4. An Alehouse-keeper once lawfully put down, cannot be allowed again but Nota. in open Sessions, Juog Warberton at Camor. Assizes, 1613. and Dalton 25. & 26. tamen quaere. 6. If a common Innkeeper, or Alehousekeeper, shall refuse to lodge a traveller, he ought to be suppressed, Dalton 25. Archery, ●owes and Arrows. 1. ALL persons lacking or not using Bows and Arrows according to the Stat. 33 H. 8, 9 (except persons excepted by the Stat.) shall forfeit the several penalties imposed upon them to the King and Informer, so as the suit be commenced against them within a year after, See P: 1. etc. Arrow. ●eads. 2. All false makers of Arrow heads shall be punished according to the Stat. 7. H. 4. 7. forfeit 〈…〉. s. 3. If the Inhabitants of every Town and place shall not make and continue their Butts as they ought to do, they shall forfeit for every month 20. s. 33 H. 8, 9 Armour. Ride or go armed. 1. IF any persons (except the King's Servants or officers in doing their service, and their company aiding them in that behalf) shall ride or go armed by day or night, or shall bring force in affray of the King's people before the King's Justices or otherwise, they shall lose their Armour, and be imprisoned at the King's pleasure and may also be bound to the peace or good behavionr, 2 Ed. 3. 3. & P. 1. Imbezel the King's armour. 2. To embezzle the King's Armour. Ordnance, or Victuals to the value of 20. s. it is Felony, so as the offender be impeached within a year after, 31 El. 4 & P. 3. Recusants' armour. 3. All the Armour, Gunpowder, and Munition soever of Recusants convict, other than necessary weapons, shall be taken from them by warrant from four Justices of the peace at their quarter Sessions; and yet they shall be charged with maintaining the same, and with buying more in such sort as other Subjects are according to their ability, 7 jac. 5, and P. Recusants 75. Artificers. Artificers conspiring for the order of their work. 1. IF any Artificers, Workmen, or Labourers, shall conspire, promise, or make oaths that they will do their work but at a certain price or rate, or will not finish what another hath begun, or shall otherwise conspire, for the order of their work. Or if any butchers, bakers, brewers, Poulterers, Cooks, Costermongers, or Fruiterers, shall conspire, covenant, promise, ot take any oaths that they shall not sell their victuals but at certain prices, every of them so ostending being lawfully convicted thereof, shall forfeit for the first offence, i0. l. to the King, and if he do not pay the same within six days after conviction, he shall be imprisoned twenty days, and have only bread and water for his sustenance, and for the second offence 20. l. or etc. and suffer the punishment of the pillory, and lose one of his ears, and never be credited in matter of judgement, 2 Ed. 6. 15. P. 1. and Iust. 56. Nota. Artificers are compelled to work in Harvest, See Labourers. None shall occupy any Art but which hath been an Apprentice, See Labourers. Assault. 1. IF any shall commit unlawful Assault, beating, wounding, or such like trespasses against the body of any one, or shall with force and against the Law, take the goods of another, or shall do any trespass in the Lands of another, they shall be imprisoned, and punished according to the offence by the Justice's discretion. But the fines which they assess must be reasonable, having regard to the quantity of the trespass, and the cause, 2. Ed. 3. 6. 33. Ed. 3. 1. & P. Just. 18. A servant or Workman assaults his Master, See Labourers. Lying in Wa●t. Whosoever shall lie in a wait to rob Main, or Kill another, shall be imprisoned and fined. See Poulton, Just. 18. Assize of Bread and Drink. 1. IF any common Brewer, Baker, or Tipler, have broken the Assize of Bread, Beer, or Ale, he shall be fined by the discretion of the Justices, etc. And if any Steward in Leet, or Officer in Market Town, shall take any fine for breach of the Assize of Bread or ale in such cases where corporal punishment is appointed, he shall be grievously fined, 51 H. 3. 13 Ric. 2. 8. 〈◊〉 break the Assize, the 1, 2, 3, time he shall be amerced. 3. If a Baker or Brewer shall break the Assize the first, second, and third time, he shall be amerced according to his offence; except it be great, but if his offence be great, or that he doth offend a fourth time, or oftener, than the Baker offending shall be set on the Pillory and the Brewer punished by the Tumbril; which shall not be pardoned for Gold nor Silver, 51 Hen. 3. & P. Weights and Measures, 15. Badgers, Laders. Drovers. To whom & and where a Badgers Licence shall be made. 1. ALl licences made to any badger, Lader, Kidder, or Carrier of Corn, Drover of cattle, Buyer or Transporter of Corn and Grain, Butter and Cheese, otherwise than in the open general quarter Sessions of the peace holden in the Shire where the party admitted, assigned, or allowed, doth, or by the space of three years before the Test of this Licence hath dwelled, or other then to such persons as is, or hath been married, is ahoushoulder, no household servant or retainer, and thirty years of age at the least, or to have continuance for more than one year, or which beareth not date the day and place where the Sessions is holden, or is not signed and sealed with the hands and seals of three Justices of the peace at the least there present, whereof one to be of the quorum, shall be void, and the party which taketh the same shall forfeit 5. l. to the King and Informer, 5. El. 12. and P. 2. 2. Whosoever shall by authority of such licence buy any Corn out of open Fair or Market to sell the same again (except he be thereunto specially licenced by express words in his Licence) shall forfeit, ut antea, 5. l. 5 El. 12. & P. 1. Bark. Regrating or engrossing of Bark 1. Whosoever shall got into his hands any Oaken-bark, to the intent to sell the same again, shall forfeit the barks, or the full value thereof, i jac. 22. & P. Leather, i4. At what time trees to be barked, shall be felled. 2. Whosoever shall sell any trees mere to be barked, where bark is worth 2. s. 2. load, without the charge of barking and pilling timber for necessary building or reparations of houses, ships, or mills, excepted, but between the first day of April, and the last of June, shall forfeit for every tree the double value thereof, i jac. 22. & P. Leather 15. Barator, 1. A Common Barrator is he who is either a common mover, or stirrer up, or maintainer of suits in Law in any Court, or else of quarrels in the County, and not only in one, or two, but in many causes. Such persons may be bound to the peace, or good behaviour, and may be imprisoned and punished according to the Justice's discretion, 2 Ed. 3. 6. & P. Justices i8. Bastardy. HE that is suspected to have gotten a Bastard, aught to be bound to the good behaviour, to the end he may be forth coming when the child shall be born, Lam. i2. Who shall take order for Bastardy. Two Justices of Peace, one of them being of the Quorum, in, or next to the limits where the parish Church is, in which parish any Bastard begotten, and borne out of lawful Matrimony, shall be born, upon examination of the cause and circumstances, shall and may take order by their discretions, as well for the relief of the parish, and keeping of the child, by charging the mother, or reputed father with the payment of money weekly, or other relief, as also for the punishment of the mother, and reputed father, i8 El. 3. Refusing to perform the order. If the mother or reputed father, upon notice thereof, shall not perform the order of the Justices, subscribed under their hands, such persons so making default, shall be by the same Justices committed to the common Goal, there to remain without bail; or mainprize, except such persons shall put in sufficient sureties to perform the said order, else appear at the next Sessions of the peace to be holden in that County, and also to abide such order as the Justices or the more part of them shall there take in that behalf, and if they take no order there, then to abide the order before made, ibid. & P. 1. Nota. That the Mother may be examined upon Oath concerning the reputed Father. The punishment of the Mother. By the Stat. 7 jac. every such lewd woman shall be sent to the house of correction, there to be punished, and set to work for a year, and if she shall oft soons offend so again, then to be committed to the said house of correction as aforesaid, there to remain until she can put in sureties for her good behaviour not to offend so again. Nota▪ But such a bastard child must be one that is left to the charge of the parish, or like to be chargeable to the parish, 7 jac. 4. Quaere. If the lustices may punish the Mother by force of the Stat. 18. Eliz. and after send her to the house of correction, because Nemo debet his puniri pro unodelicto. Nota. The mother may not be sent to the house of correction before the child be born, Dalton. Such child is not to be sent to the house of correction with the mother, but rather to be kept in the town where it was born, and there to be relieved by the work of the mother, and by relief commonly from the Father; yet it is commonly used to send the child with the mother to the house of correction, de eo quaere. Brewer, No Brewer shall be a Cooper. 1. IF any brewer which breweth beer or ale to sell, shall by himself, or other to his use, occupy the mystery of Cooper, or make Barrels, etc. or other vessels of wood wherein to put his Beer or Ale to sale, he shall forfeit for every vessel made 3. s. 4. d. to the King and the Informer, 23 H. 8. 4. The prices of Ale and Beer. 2. If any Beer Brewer, or Ale brewer shall sell his drink at higher prizes than shall be appointed by the Justices of the Peace, etc. he shall forfeit for every Barrel so sold, six shillings, for every Kilderkin three shillings, and four pence; for every Firkin two shillings; for every lesser vessel twelve pence, and for a greater than a Barrel, ten shillings to the King and Informer, 28, Hen. 8. 4. and Poulton 2. Nota. 3. The Justices of the peace for every shire where any Ale or Beere-Brewer doth dwell (out of a City, Borough, or Town, or other place where no head officer hath any rule) have power to Sess and Tax by their discretions the prices of every Barrel, Kilderkin, or Firkin of Ale or Beer. 23 H. 8. 4. & P. Just. 78. None shall sell drink to an alebouse keeper unlicensed. 4. If any person shall by himself or otherwise, directly, or indirectly sell, utter, or deliver any Beer or Ale to any person, or into the house or seller of any person that then shall sell Beer or Ale as a common Tipler without Licence then in force to sell Ale or beer, he shall forfeit for every barrel 6. s 4d. and so after that rate for a greater or lesser vessel or quantity, 4. jac. 4. and P. Alehouses, so; Buggary. Buggary. THe justices of peace may hear and determine the said offences of buggary, as they do use to do in other cases of Felony, and such offender shall not be admitted to his Clergy, 25 H. 8. 6. 5. El. 17. & P. 1. Burglary. Burglary. BUrglars shall not have the benefit of their Clergy, 18 El. 6. But there are four special things which must concur to make this Felony, viz. 1. The time only in the night. 2. The place either public, as the Church, or walls or gates of a City, or walled Town, or private, as a dwelling, house, and then some body must be within at the same time. Also the breaking in the night of a stable, barn, or, other outhouse adjoining or near the dwelling house, to the intent to steal, is Burglary, though he take nothing. See Dalton. 3. The manner consisteth, partly in breaking of the house, and partly in entering therein; yet it seemeth that he that is taken in the only attempt of a Burglary, shall be hanged though he make no actual entry, as to put back the leaf of a window, to draw the latch of a door, or turn the key in the inner side of the door, to break a glass window and hook out any goods, or to come down a chimney, etc. 4. The intent, which must be either to kill or rob some person, or do some other Felony, See Dalton 223. Burning of Houses. TO burn a dwelling house, or other house parcel thereof, by night or day feloniously is Felony. So it is to burn a stack of Corn Feloniously. So it is to burn a Barn adjoining or near a dwelling house in the night Feloniously. So it is also to burn a Barn in the day time having Corn in it, though it be not adjoining to the dwelling house. Butchers. Kill not weanling 5. 1. IF a Butcher shall buy cattle, and sell the same alive, he shall forfeit to the King and Informer the same cattle, 3 & 4 Ed. 19 1. jac. 25. & P. 2. If a Butcher or other person shall kill any Weanlings, Bullock, Steer, or Heifer being under the age of 2. years, to the intent to sell the same again whole or by retail, he shall forfeit to the King and Informer for every one six shillings and eight pence, 24 H. 8. 2. 1 jac. 25. & P. 2. 3. A Buther that selleth swine's flesh Selling measled or morein flesh. measled, or flesh dead of the morein, after he shall be convicted thereof, shall for the first time be grievously amerced, the second time be judged to the Pillory; the third time he shall be imprisoned and fined, and the fourth time he shall for swear the town. And in this manner it shall be done of all that offend in like case, as of Cooks, etc. 51 H. 3. and P. 4. 4. If a Butcher shall gash or hurr any hide of Ox, Bul, Steer, or Cow, he shall forfeit for every hide, 20. d. 1 jac. 22. Or shall water any hide, except in june, july, or Argust, or shall put to sale any putrified, 3, s. 4. d. ibidem & P. Leather 1. 5. No Butcher or other person shall kill any Calf to sell, being under five weeks old, on pain to forfeit for every calf 6. s. 8. d. 1 jac. 22. & P. Leather, 2. 6. No Butcher shall be a Tanner simul & semel, under the pain of forfeiting 6. s. 8. d. for every day. 1 jac. 22. & P. ibidem, 3. Butcher's conspiring to sell their meat at certain prices. See Artificers. 1. Captains, Soldiers, Musters. Soldier making away his horse or harness. 1. IF any Soldier serving the King in his wars shall give away any horse, gelding, mare, or harness wherewith he was set forth, he shall be imprisoned till he make satisfaction, 2 Ed. 6. 2. & P. Just. 84. Absenting from the Musters. 2. If any person absenting himself without true and reasonable cause (being commanded to Muster before any Having authority for the same) or not bringing with him in a readiness his best furniture of array, and armour of his own person, he shall be ten days imprisoned, or pay forty shillings fine, 4 & 5 P. & M. 3. & P. 12. 3. If any person authorised to muster or levy men for the King's service in war, shall take any reward for the discharge or sparing any from that service, or shall not pay to his Soldiers their whole wages, conduct, and coat money, within ten days after he shall receive the same, or for gain hath licenced any to depart out of the service, he shall forfeit for every offence ten times as much as he taketh, and pay to every Soldier triple the sum withholden, 4 & 5 P. & M. 3. 2 Ed. 6. 2. & P. 12. 4. Every parish shall be charged with ● weekly sum towards the relief of soldiers and Mariners by the more ●art of the Justices of the peace in ●heir general quarter Sessions next af●er Easter yearly, so as no parish be ra●ed above 10. d. nor under 2 d. and so as ●he total sum of such taxations in a●y County where there shall not be above 50. parishes do not exceed the rate of six pence for every parish in the same County, 43 Eliz. 3. & Poulton 17. A remedy for such as refuse to pay the said taxation, ibid. 5. Who shall collect the said taxation, and how, and when they are to dispose of it, see 43 El. 3. & Poulton, ●18. 6. The Justices of the peace shall grant relief in quarter Sessions to Soldiers and Mariners, and may alter and revoke the same again, ibid. & P. 19 They may also alter and dispose of the surplusage of the stook, as the most of them there shall think fit, ibid. & P. 24. 7. If a Soldier or Mariner shall be taken begging, or shall counterfeit a Certificate, he shall for ever lose his pension, and be punished as a common Rogue, ibid. &. P. 23. Felony in Soldiers. 8. If a Soldier, Mariner, or Drummer depart from his Captain without licence, it is Felony, 18 H 6. 19 & P. 3. 9 If a Soldier or Mariner wande● abroad without a Testimonial, it is felony. So it is in every one wand'ring 〈◊〉 a Soldier or Mariner, which shall forge● or counterfeit a Testimonial, 39 El. 17. & P. sub titulo Mariners 4 & 5. Certificate. 10. How and by whom a Certificate of a Soldier or Mariner shall be allowed and made, see 43 El. 3. & P. 19 Church and Church-yard. 1. IF any person shall maliciously strike with any weapon in Church or Churchyard, or draw any weapon there to that intent, and shall be thereof lawfully convict, he shall have one of his ears cut off, and if he have no ears, than he shall be burned in the cheek with a letter F. and stand (ipso facto) Excommunicate, 5 & 6 Ed. 6. 4. & P. Fight 4. 2. Fairs or Markets in Churchyards, see Fairs. 3. If any shall feloniously take goods ●●t of any Church or Chapel, it is ●●lony, and he shall not have Clergy, ●●e P. Clergy i3. Not repairing to the Church. 4. Whosoever not having lawful ●●d reasonable excuse to be absent, shall 〈◊〉 repair to his or her parish Church Chapel accustomed, or upon let ●●reof, to some usual place where ●●mmon Prayer, is to be used every ●●nday, and other Holiday, and there ●●erly and soberly abide during the ●●e of such common prayer, preaching ●●other service of God, and shall be ●●ed in question within one month 〈…〉 r default, shall forfeit for every de 〈…〉 t 12. d. to the use of the poor where 〈◊〉 offenders shall be resident and abi 〈…〉 g at the time of such offence come 〈…〉ed, 1 El. 2. 3. jac. 4. & P. Recusants 〈◊〉 50. 〈…〉 and whosoever being above the age 〈…〉 6. years, shall not repair to some 〈…〉 rch or chapel as aforesaid, shall 〈…〉 eit for every month 20. l. to the King El. 1. & P. Recusants 3. 〈…〉 and whosoever shall keep, relieve or 〈…〉 our any such person, shall for see it every month, i0. l. 3 jac. 4. & P. Re 〈…〉 'tis 5i. See Recusants. Churchwardens, and Overseers. 1. IF the Churchwardens and O 〈…〉 seers of the poor of every 〈◊〉 rish shall not take order for 〈◊〉 thing a work, or relieving their poor, 〈◊〉 for assisting the inhabitants and o 〈…〉 piers of land in their parish, or ma〈…〉 not endeavour to levy such Assessments, 〈◊〉 shall not meet together monthly & 〈◊〉 count as they ought, every one make 〈…〉 default, shall forfeit for every de 〈…〉 20. s. to the use of the poor. 43. El. 〈◊〉 P. Poor 2. i2. And if any Churchwarden, Overseer shall refuse to account, 〈◊〉 Justices may commit him to p 〈…〉 without bail till he make a true count, and satisfy and pay so much upon the said account shall be re 〈…〉ning in his hand, 43 El. 2. & P. 4. 2. If the Churchwardens, etc. s 〈…〉 not truly collect, and pay over to 〈◊〉 high Constable of that Division days before the end of every qu〈…〉 Session's such money as they ough 〈…〉 pay for the relief of the prisoners i 〈…〉 Marshal sea and Kings-Bench, than 't 〈…〉 shall forfeit for every default i0. 5. the uses in this Act comprised, 43 El. 2. & P. Poor i4. And they also forfeit 5. l. for not levying the money, and paying the same money so taxed for relief of the prisoners in the common Goals of the County, according to the Stat. i4 El. 5. and P. Prison 4. 3. If the Churchwardens and petty Constables shall not truly collect and pay to the high Constables of that division ten days before every quarter sessions such money as they ought to pay for the relief of Soldiers and Mariners, they shall forfeit for every default 20. s. 43 El. 3. and P. Capt. etc. i7. i8. 4. If the Churchwardens or Overseers, or other officer to whom the money forfeited by 4 Jac. for uttering Beer or Ale to Tiplers unlicensed shall be paid, do not within convenient time truly bestow the same among the poor they shall forfeit double the value thereof, 4 Jac. and P. Alehouses i2. i3. 5. The Churchwardens duty in levying the penalties of Alehouse-keepers, etc. See Constables 9 Their duty in presenting the monthly absence from Church of Recusants, See Constable's i4. 7. Their duty in choosing days for amending the high ways, See Highways i two. 8. They forfeit 5. l. for not receiving Rogues lawfully sent unto them. Their duty for binding out poor children Apprentices, and employing their money according to the Stat. 7. jac. 3. See constables i5. Clergy. 1. IN what cases clergy is allow 〈…〉 and what not, see Poulton i. etc. 2. Where clergy lieth, it 〈◊〉 grantable but once to one person (e 〈…〉 cept he be within holy Orders) 4. H. 7 〈…〉 i3. & P i6. Clark of the Market: Common fin. 1. IF the Clerk of the Market shall take any common fine to dispense with faults, or shall ride with more than six horses, or tarry longer in the country than the necessity of his business requireth, he shall forfeit to the King for his first offence, 5. l. for the second offence 10. l. and for the third offence 20. l. 13 Ric. 2. & P. 1. Weights & Measures. 2. He ought also for to have all his Weights and Measures signed according to the Standard of the Exchequer with him, when he goeth to assay Weights and Measures, and he nor any other shall use any other Weights or Measure, i● Ric. 3. & P. i. Cloth. 1. THe Justices of peace in their several quarter Sessions may inquire, hear, and determine every fault and offence made, or done contrary to the act of 39 El. 20. concerning woollen cloth, see P. Drapery, 127, etc. & 43 El. i0. 2. If any person shall present any cloth which is defective or faulty contrary to the Stat. 5 Ed. 6. the same cloth shall be by two Justices of the Peace cut into three equal parts, where of the King shall have one, the presenter one, and the third they shall retain themselves, 5 Ed. 6. 6. & P. Drapery 29. Refusing to pay wages. 3. If Clothiers, or other Masters shall refuse to pay such wages to their Spinsters, Weavers, and other workmen whatsoever as shall be assessed by the Justices of the Peace at their Sessions, and shall be thereof convict, they shall forfeit for every such offence, ten shillings to the party grieved, i jac. 6. & P. Just. 66. 4. If Spinsters, Carders, Weavers, etc. shall imbezel, sell or detain any part of their Clothier's wool, or yarn, as well every one of them, as the buyers, and the receivers thereof knowing the same to be embezzled, being convicted thereof by confession of the parry, or proved by one sufficient witness upon oath, before two Justices, shall give such recompense to the party grieved, as the Justices shall think sit, and if they be not able, then to be whipped and set in the stocks near the place where the offence was committed, 7 jac. 7. Linen Cloth. 5. If any person shall wittingly use any deceitful art or means with Linen Cloth, whereby the same is made worse for the use thereof, he shall forfeit his said Cloth, and suffer one months' Imprisonment at the least, and pay such fine as shall be assessed by the Justices, 1 Eliz. 12. & P. Linen cloth 2. Dyers and Dying. THe default and punishment of Dyers, 23 Eliz. 9 39 Eliz. 11. & Paul. Drapery, 65. & Just. 82 Conjuration, Witchcraft, Prophesying Conjuration or Witchcraft where by any person is killed or lamed. 1. WHosoever shall use Invocation, or Conjuration of any evil spirit, or shall consult. covenant with, entertain, employ, feed, or reward any evil Spirit, for any intent; or shall take up any dead man, woman, or child, or any part of any dead person, to be used in any manner of Witchcraft, Sorcery, Charm, or Enchantment; or shall use Witchcraft, Enchantment, Charm, or Sorcery, whereby any person hath been killed, destroyed, wasted, consumed, pined, or lamed in his body, or in any part thereof, shall, together with his Aiders, Abettois, and Councillors, being Lawfully convicted, suffer death as a Felon, and not have the benefit of Clergy, i jac. i2. and P. 1. Declaring where things be hidden for procuring unlawul love. 2. Whosoever shall undertake by Witchcraft, Enchantment, Charm, or Sorcery, to tell in what place any Treasure of Gold or Silver may be sound; or to the intent to provoke any person to unlawful Love, or to impair, or destroy any persons Goods or Cattle, or to hurt any person in body, although the same were not effected, sha●l for the first offence suffer Imprisonment by the space of one whole year without Bail, and once every quarter of the said year, shall in some Market-Town First offence. on the Market or Fair day, stand openly on the Pillory by the space of six hours, and there openly confess his fault and offence, 1. jac. i2. & Poult. 2. Second offence. And for the second offence shall suffer death as a Felon, and not have Clergy, ibid. & P. 3. Prophesying. 3. Whosoever shall advisedly advance, publish, and set forth by writing, printing, open speeches, or deed to any other person, any fantastical or false Prophecy upon Arms, Fields, Beasts, or Badges, or upon any Time, Name, Bloodshed, or War, to make thereby Rebellion, dissension, loss of life, or other Disturbance within the King's Dominions, shall for the first offence be imprisoned a year without Bail, and forfeit to the King and Informer 10. l. And for the second offence be imprisoned during life, without bail, and forfeit to the King and Informer all his Good and chattels, 5 El. i5. and P. Prophesying. Constables. Whoought to be chosen Constables 1. EVery Constable ought to be Idoneus homo, that is to say, apt and fit for the execution of the said Office, and he is idoneus who hath these three three things, viz. 1. Honesty: 2. Knowledge. 3. Ability. 1. Honesty to execute his office truly without malice, affection or partiality. 2. Knowleege to understand what he ought to do. 3. Ability, as well in substance, or estate as in body, that so he may attend and execute his office diligently, and not through impotency of body, or want, to neglect the place. And if any shall be chosen constable, which is not thus enabled and qualified, he may be discharged, Dalt. s. 37. The duties of constable●s. 2. All constables and other Officers ought to be attendant and assisting to the Justices of Peace for the execution of the Stat. 33. & 37. H. 8. concerning Retainers, giving of Liveries, Maintenance, Embracery, Bow-staves, Archers, unlawful Games, Forestallers, Regraters, Victuallers, and Innholders, upon pain to be fined by the discretion of any two Justices of the peace, P. Just. 20. Escape. 3. If a Constable or such other Officer shall arrest one for Felony, and after suffer him to escape, it is Felony in such constable, of whatsoever other kind the offence be; if the Officer shall by his will or negligence suffer the party to escape, he shall be fined, which Fine shall be equal with the value of his Goods, if his fault do so require, See the Duties o● constables, f. 22. Purveyor. 4. If a constable, or other head Officer shall be requested to resist Purveyor which refuseth to make ready payment of any Purveyance not exceeding forty shillings, and he notwithstanding shall not aid and assist such owner, he shall pay to the party grieved the value of the thing taken, and his double damages, 20 Hen. 6. 8. & Poulton Purveyors, 22. & Just. 58. Labourers in Harvest 5. If the Constable, or other such Officer of any Township upon request made, and for the avoiding the loss of Corn, or grain, or Hay in the time of Harvest, shall not cause all such Artificers and Labourers (as be meet to Labour) by his discretion, to serve by the day, for the moowing, reaping, or inning of corn or Hay, according to the skill and quality of the person, and such as refuse to imprison in the stocks by the space of two days and one night, he shall forfeit 40. s. 5 El. 4. & P. Labourers 13. Search for Rogues, & convey them to the house of correction. 6. If Constables and Tythingmen shall not make privy search within their limits for Rogues and Vagabonds according to the Statute 7 jac 4. Or shall not safely convey all such Rogues and idle persons at the charge of the Hundred, as by the Justice's Warrant shall be sent to the house of correction, they shall forfeit such Fines as the Justices shall think fit, not exceeding forty shillings for every such offence, 7 jac. 4. 7. If any Constable, or Tythingmen shall not do his best endeavour to apprehend such rogues as beg, 〈…〉 bide Apprehend Rogues as be, and punish them. within his limits, or shall not cause them to be punished, and conveyed away, according to the Stat. 39 El. 4. h● shall forfeit for every default 20. s. ibid. and i lac. 7. & P. Vagabonds, 5. and vide P. two. how this forfeiture shall be employed. Outland sh Rogues. 8. If any Constable, Headborough, or Tythingman shall not punish, and convey every Rogue and Beggar that shall be brought and set on land here, from Ireland, Scotland, or the Isle of Man, according to the Law, he shall forfeit for every default i0. s. 39 El. 4. P. Vagabonds 6. Refusing to receive Rogues to convey them. 9 If any Officer will not receive a Rogue, to convey him according to the Law, he shall forfeit five pounds, P. Vagabonds 5. And if any being a sturdy or imputent Rogue shall be sent to a Town where he ought to be sent, and shall be refused, that person refusing shall forfeit 5. l. And he that is sent, is to be offered to the Churchwardens and Overseers. Nota To send Rogues by a general Passport is a forfeiture of 5. l. Hedge break●rs. 10. If any constable, or other inferior Officer shall not whip such hedge breekers, robbers of Orchards, and Gardens, cutting of Corn and Wood &c. as shall be for that purpose committed to them by a Justice of the peace, he shall be imprisoned without bail till it be done, 43 Eliz. 7. & P. Trespass 2. Plague. 11. Every Constable, and other officer that shall willingly make default in levying such money as they shall be commanded by the Warrants of any Mayor, Justices of the Peace, etc. for the Relief of the poor infected with the Plague, shall forfeit for every such oftence ten shillings to the use of the poor infected persons, i jac. 31 and P. Plague 3. Drunk 〈…〉 12. If any Constable or other inferior Officer, to whom it shall be given in charge by precept from any Justice of the peace, within his Limits shall neglect the due correction of a Drunkard, or the due levying of the penalties imposed upon such offenders, where distress may be had, he shall forfeit ten shillings to the use of the poor of the same Parish, 4. jac. 5. & Poulton. Drunkenness 2. Alehouse keepers. 13. If any Alehousekeeper shall be neglected by the Constables or Church wardens not doing their duty in levying of the penalties etc. Or in default of distress, shall not crucify such default by the space of two days then next ensuing to the Justices within whose limits the offence shall be committed, the Constables, etc. shall forfeit for every such default forty shillings to the poor, 1 jac. 9 & P. Alehouses 8. Unlawful Games. 14. If constables and other head Officers shall not make due search Weekly, or at the furthest once every month, where unlawful Games be, and execute the Statute in all things according to the purport of the same, shall forfeit for every Month forty sh. 33 Hen. 8. and Poulton Players, 6. 7. 8. See who shall have Forfeitures, ibidem. Poor children Apprentices. 15. If the Parson or Vicar of a Town or Parish, not corporate together, with the constables and Churchwarrdens, collectors, and Overseers, where any sum of money is, or shall be given to be employed for the binding out of poor children Apprentices, or any of them shall forbear wilfully, or refuse to employ such money according to their Duties therein, every of them so offending, shall forfeit three pounds, six shillings, eight pence, for every such offence, the one half to the use of the poor, and the other half to any that will sue. 7 jacobi 3. Present Recusants. 19 If constables and church wardens, or where there be none, the chief Constables of the Hundred shall not once every year present the monthly absence from Church of Popish Recusants according to the Stat. of 3 jac. 4. they shall forfeit for every default twenty shillings, 3 jac. 4. P. Recusants 41. Watch's set and kept 17. It that Constables do not see Wath duly set and kept from Sun setting till the Sun rising, between Ascention day, and Michaelmas day, and make presentment to the Justices of the peace at their sessions, of the default of watches, and such as lodge Strangers, for whom they will not answer, they shall be fined by the discretion of the Justices, Winch. 13. Ed. 1. 5. Hen 4. 3. & Poult. Watch 1, & 2. Affray. 18. If a Constable being present at an Affray, shall not do his best endeavour to part them, it being presented at the Sessions, he shall be deeply fined, and the Affrayer at the discretion of the Justices, he may justify the hurting of them if they resist, & may command assistance, and imprison the Affrayors in the Stocks till they find sureties of the peace, Dalton fol. 28. High Constables. Highways. SEE the Constable's duties in choosing Surveyors of the Highways, Highways i. Prisoners. If the high Constable or other head officer shall not pay the money by him received for the relief of prisoners in the Goal at the next quarter Sessions to the persons appointed by the Justices to receive the same, he shall forfeit five pound, half to the King, the other to the Prisoners, El. 5. ay jac. 25. & Poult. Prisoners 4. If the high Constable shall not pay at every quarter Sessions to one of the Treasurers of the shire such money as the Churchwardens shall pay to him for the prisoners in the marshalsea, and Kings-bench, he shall forfeit for every default 20. s. 43 Eliz. 3. & P. poor people 14. Maimed Sovidiers. If the high Constables shall not pay in like manner that money which the petty Constable or churchwardens bring to him for disabled Soldiers, he shall forfeit 40. s. 43 El. 3. & P. captains 18. See churchwardens 3. for the constables neglect herein. Correction-houses. Houses of correction. 1. EVery Justice of peace in the county where there is not a conveient house of correction with convenient backsides, and necessary 〈…〉 mplements, shall forfeit 5. l. 7 jac. 4. 2. The more part of the Justices may at any time of quarter Sessions, give order for the erecting of houses of correction, and for stocks of money, and all other things necessary for the same, or for the Government thereof, 39 〈◊〉 E. 7. 3. Houses of correction are to be purchased, conveyed, or assured upon trust to such persons as by the more part of the Justices of the peace in their quarter Sessions of the peace shall be thought fit. And such Justices may at their said quarter Sessions, next after such houses 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 the houses of correction shall not every Sessions yield a true and lawful account to the Justice of the peace of all such person as they have committed to their custody, or if the said persons shall 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. 7. jac. Cooper's. The prizes of Vessels. 1. THe prices of all Barrels, Kilderkins, Firkins, and other vessels to be sold for Ale, Beer, or Soap to be uttered therein, made or sold out of any City, Borough, or Town corporate, shall be taxed by the Justices of peace, or the more part of them being present in the quarter Sessions yearly after Easter, at such prizes as they shall think fit and reasonable, and if any Cooper shall fell any of the same above such prizes assessed, and proclamation thereof made, he shall forfeit for every vessel sold at a greater price, three shillings four pence to the King and Informer. 8. Eliz. 9 & P. 1. & Iust. 79. 2. If any Cooper shall make his vessels for Beer or Ale of unseasonable Woood, or shall not make a Beer-Barrell The contents of ale and beer Vessels. to contain 36. Gallons; a Kilderkin for Beer, 18. Gallons; a Firkin fur Beer 9 Gallons, and a Barrel for Ale, 32. Gallons, a Kilderkin for Ale 16. and a Firkin 8. Gallons of the King's Standard. And if any Cooper shall make any Vessel for Beer or ale to be sold of any greater or lesser number of Gallons than is aforesaid, unless he cause it to be marked upon every Marking of Vessels. such Vessel the certain number of Gallons it containeth, and that with his own mark, he shall forfeit 3. shil. 4. d. 23 H. 8. 4. & P. 2. Soap Vessels. 3. Whosoever shall make any Vessels that being empty containeth not 32. Gallons for the Barrel, 16. for the half Barrel, and eight for the Firkin, or weighed above 26. pounds the Barrel, the half Barrel 13. and 6. and a half the Firkin, shallose 3. shil. 4. d. for each one, 23 H. 8. 4. Diminishing of Vessels. 4. Whosoever shall diminish any Vessel to deceive another shall forfeit 3. sh. 4. d. and be further punished at the discretion of the Officer, 23 H. 8. 4. & P. 3. Corn. Seed corn. IF any person shall buy Corn in any Fair or Market, for change of high 〈…〉 Sed, having then sufficient for high 〈…〉 house, and for sowing of his ground for a year, and shall not bring thither (if he might) somuch as he did so but 〈…〉 and the same day sell it after the price then going, he shall lose double the value of the Corn so bought, 5 Ed. 6. i4. i3 El. 25. and P. 30. Transporting of corn, see Poult. 〈◊〉, etc. Coroners. 1. WHo shall be Coroners, and of whom, and where they shall be chosen, and of what thing they shall inquire, see 3 Ed. i i0. i4 Ed. 5. 8. P. i2. 2. If a Coroner be remiss in viewing a dead body murdered, or flain, and shall not inquire of them that did the murder of death of their abettors, or consenters, who were present thereat, and their names, or so found, shall not unroll certify, and deliver his Inquisition according to the Law, he shall forfeit unto the King five pound for every offence, 3 Hen. 7. 1. & Poulton, 12. i4. Refusing to do his Office. 3. If a Coroner shall refuse to do his Office upon the view of a dead body, by misadventure, without any fee therefore, he shall forfeit 40. s. i H. 8. 7. His fee. But upon an Inquisition taken upon the view of the body slain, he may take 13. s. 4. d. 3. H. 7. 1. & P. i5. But if he take more, it is extortion. 4. Every Coroner which shall be absent from the assessing of wages for the Knights of the shire, shall forfeit to the King 40. s. 23 H. 6. i1. & P. Parl. 12. 5. If a Coroner shall conceals, or not arrest Felons when he may he shall be one year imprisoned, and make a grievous fine, or not being able, shall be imprisoned 3. years, Westm. 1. 3. Ed. 1. 9 & P. Felony 1. 6. If default be found in a Coroner for impannelling a Jury, or returning Issues upon a commission to inquire of a riot, etc. he shall pay to the Kings use 40. l. 2. H. 5. 8. & P. Riots 7. Cottages and Inmates. 1. NO person shall make, build, 〈…〉 rector cause to be builded 〈…〉 erected any manner of Cottage for dwelling, or convert or orda 〈…〉 any building or housing to be used as 〈…〉 Cottage for dwelling, unless he: do 〈…〉 thereunto 4 acres of ground at the 〈…〉 being his or their own Freehold 〈…〉 Inheritance, lying near to the said Cottage, to be continually manured the● with so long as the said Cottage shall be inhabited, upon pain to forfeit to the King for every such offence 10. l. 31. 〈…〉 7. & P. 〈◊〉, 2. Whosoever shall willingly maintain or uphold such Cottage, not having so many acres so lying and manured, shall for 〈…〉 it to the King for ev 〈…〉 〈…〉 forty shillings, 31. Eliz. 7. 6. P. 2. Inmates. 3. Whosoever shall place or willingly suffer any Inmates, or more than 〈…〉 dwelling in one Cottage, shall forfeits to the Lord of the Le●te for every month 10. s. 31. El. 7. P. 3. Just 10. 1. Counterfeiting of Letters or tokens. WHosoever shall falsely and deceitfully get into his hands, or possession any money, goods, chattels, jewels, or other things of any other person, by colour or means of a privy token, or counterfeit Letter, made in another man's name, the same being proved by confession, or 〈…〉 xamination of witnesses, shall suffer any corporal pain (except death) as shall be adjudged, and besides the party grieved shall have his remedy by action or otherwise for the same money or goods, 33 H, 1. & P. & Just. 54. Cutpurse. A Cutpurse, not he which shall feloniously take any money, goods, or Chattels from the person of another privily without his knowledge in any place whatsoever, shall not have the privilege of his Clergy, but suffer death as a Felon, 8 El. 4. & P. Clergy i. Escape 1. Justices of peace in their Sess 〈…〉 may inquire of all manner 〈…〉 escapes for Felony, 1 R. 3. 3. and so for Murder, and certify thereof 〈…〉 King in his Bench, 3 H. 7. 1. & P. Ju 〈…〉 Eseape of a Murderer, 2. If any person be murdered or 〈…〉 in the day, and the Murderer es 〈…〉 untaken, the Township where the 〈…〉 deed is done, shall be amerced for 〈…〉 said escape, 3 H. 7. 1. and Poult. 2. 3. Escape is of two sorts, viz. 1. Voluntary. 2. Negligent. And for a voluntary Escape, if 〈…〉 Arrest or imprisonment were for F 〈…〉 ny, it shall be adjudged Felony in 〈…〉 which did suffer the prisoner to escap 〈…〉 etc. Nota. And note, that a ooluntary Escape 〈…〉 not Felony, if the Act done were 〈…〉 Felony at the time of the Escape 〈…〉 but it is finable, and so is a neglig 〈…〉 Escape, vide Dalt. s. 140. Escheators. Escheators see. NO Escheator shall sell or let to farm his Office, nor make any Deputy, but such as will a 〈…〉 for at his peril, and shall certify his 〈…〉 under his Letters Patents to the 〈…〉 surer and Barons of the Exchequer, 〈…〉 in twenty days after, upon pain to 〈…〉 eit for every offence forty pounds 〈…〉 Ed. 9 & P. Just. 19 If an Escheator shall take for the 〈…〉 ution of any Diem claufit extremum, 〈…〉 ther Writ in any County above 40. 〈…〉 r 40. sh. where the Lands are not 〈…〉 en in capite, he shall forfeit fonrty 〈…〉ds to the King and Informer. 〈…〉. 6. 17. & P. 9 And for taking a 〈…〉 15. s. for the finding the office of 〈…〉ds not exceeding five pound per 〈…〉 m, shall forfeit for every offence 〈…〉 pounds' to the King and Informer. 〈…〉 H. 8. 12. & P. 〈◊〉. Whosoever shall take upon him to 〈…〉 ute the office of Escheator not ha 〈…〉 Freehold of the yearly value of 〈…〉 ty Marks above all charges, he shall 〈…〉 it twenty pounds, i H. 8. 8. 3 H. 6. 〈…〉 P. 5. Extortion. IN Sheriffs and their Ministers, 〈◊〉 P. Sheriffs, 6. 7, 8, 9 2. In coroners, see P. coroners, 〈◊〉 3. In Muster Masters, see P. Captains, 14. 4. In Escheators, see P. Escheato 〈…〉 3. & 9 5. In Ordinaries, see P. Ordi 〈…〉 rises, 2. 6. In the clerks of the Market, 〈◊〉 P. 1. 7. In a Parson, Vicar; or cura 〈…〉 5 El. & P. Fish-days, 3 & 5 El. 4. Labourers, 7. 8. In a spiritual person for a more 〈…〉 ry, 2 H. 8. 6. & P Mortuary 7. 9 In the clerk of the peace, for 〈…〉 rolment in the county, see Inrol 〈…〉 P. 2. & 27. H. 8. 16. And for Registering the Licence a 〈…〉 recognizance of a Badger, etc. see 〈◊〉 〈◊〉 12. 3. El. 25. & P. badger's 3. Fair and Market. A place appointed for a hors-fair. IF the Owner, Officer, or Ruler of any fair or Market shall not yearly appoint one certain open place here for the sale of horses, etc. and one efficient person, to take Tole, and keep ●e said place from ten of the clock 〈◊〉 the forenoon until sun set, he shall 〈…〉 rfeit for every default, 40. s. to the 〈…〉ing and Infor. 2 & 3 P. & M. 7. &. P. 4. 2. When, where, and for whom role ●r horses must be taken, ibidem, & ●oul. 5. 3. The sale of any stolen Horse in a ●air or Market shall not take away the owner's property, except the horse be openly ridden, led, walked, driven, or ●ept standing by the space of an hour, between the hours of 10. in the morning ●nd Sun set, in the open place of the air, and lawfully toled, 2 & 3. P. & 〈◊〉. 7. & P. 5. Nota. And yet nevertheless the owner ●ay redeem the stolen horse within six months' paying the price, 3 i El. 12. & 〈◊〉. 8. 5. No person shall sell or put away ●ny horse in any Fair or Market, unless the, Tole-Taker, Book-Keeper, Bajazet 〈◊〉, or chief office 〈…〉 thereof, will take perfect knowledge thereof, and enter the cellar's name, etc. into a Book kep● for horses sold, or unless the seller 〈◊〉 bring to such Tole-keeper, or other officer one credible person testifying th● he knoweth the seller, and there ente● into such a book, as well the sum a● 〈…〉 be Seller must be 〈◊〉 ●own. the name, surname, Mystery, and plac● of such Testifier, together with th● price taken for such horse, and no 〈…〉 shall so testify unless he do truly kno● the same; and no Tole-taker, etc. sha● make entry of any such sale, unless 〈◊〉 know the seller or testifier of such horse and giving unto the buyer requiring and paying two pence for the same 〈◊〉 true and perfect note in writing under his hand of all the contents of the same, upon pain that every person offending in the premises shall for 〈…〉 or every default 5. l. and the sale to be void, 31 El. 12 & P. 7. 5. If any person shall keep Fair 〈◊〉 Market in the Churchyard, he shall be punished at the discretion of the Justices, 13 Ed. 6. 1. & P. 10. Pheasants, Partridges, etc. Taking Pheasants & Partridges with snares. 1. Whosoever shall take or cause to be taken any Pheasants or Partridges, by nets, snares, or other engines, upon the Freehold of any other, without his special licence, shall forfeit to the owner of the ground, and the Informer, ten pound, 11 H. 7. & P. 1. & Just. 38. Taking them in the night. 2. Whosoever shall take, kill, or destroy any Pheasants, or Partridges with any net, or other devices whatsoever in the night time, (except unwillingly by lowbelling or tramelling, who also shall then and there presently let them go again) shall forfeit for every Pheasant 20. s. and for every Partridge 10. s. to be paid within ten days after conviction, or in default thereof to be imprisoned for a month without bail, and over and besides such forfeiture or imprisonment, to be bound with sureties for two years, not to offend so again, 23. El. 10. & P. 2. & 5. & Just. 38. See who shall have forfeirures, Ibid. P, 3. Destroying certain games and their eggs. 3. Whosoever shall shoot at, kill, or destroy with any Grin or Bow, any Pheasant, Partridge, house Dove, or Pigeon, Herne, Mallard, Duck, Teal, Widgeon, Goose, Heath-cock, More-game, or any such foul, or any Hare, or shall take, kill, or destroy any Pheasant, Partridge, house-Dove, or Pigeonwith setting-Dogs, and Nets, or other Engines, or shall take the Eggs of any Pheasant, Partridge, or Swans, or willingly destroy the same in the nests, or shall trace or course any Hare in the snow, or take any Hare with hare-pipes, Tracing Hares cords, or any such Instruments or Engines, the same being confessed, or proved by two sufficient Witnesses upon oath before two or more Justices, shall be by them imprisoned for 3● months without bail, or forthwith pay to the use of the Poor there, 20. s. for every Fowl, or Hare, and for every egg of Pheasant, Partridge, or Swan, so taken or destroyed, or after one month after his imprilonment become bound with two sufficient sureties in 20. l. a piece not to offend so again, 1 jac. 17. and Poult. 6. Taking Pheasants or Partridges with setting-dogs. 4. Whosoever shall take, kill, or destroy any Pheasant, or Partridge, with seetting-dogge, net, or any other engine the same being confessed or proved by any sufficient witness upon oath before any two of the Justices of the Peace, shall be by them committed for three months without bail, unless he forthwith pay to the use of the Poor there 20. s. for every Pheasant or Partridge and be bound in 20. l. not to offend so again, 7. Jac. 28. 5. Note W 〈…〉 may take Pheasants. & Partridges, when and where. 5. By the Stat. 7 jac. 11. He that hath inheritance of 40. l. per ann. Freehold of 80 l. per annum, or is worth in goods, 400. l. and their menial servants thereto authorised, may take Pheasants and Partridges in the day time only upon their own and Masters free Warran, Manor, and Freehold, between Michaelmas and Christmas, 7 jac. two. Selling of pheasant, partridge, Deer, or Hare. 6. Whosoever shall sell, or buy to sell again any Pheasant, Partridge, Hare or Deer nor brought up in the houses, or brought from beyond the Seas, shall forfeit for every Pheasant 40. s. for every Partridge 10. l. for every. Hare 10. s. and for every Dear 4. 〈…〉 s the one moiety thereof to the Informer, the other to the Poor, 1 jac. 17. & P. 8. Hawking of Pheasant or patridges. See Hawkes, 1. & 7. jac. 11. Keeping Grey-bounds, setting dogs and nets. See Hunters, 6. & 7. and Poult. 6. Fish and Fish days. Taking of Salmon. 1. WHosoever shall take any Salmon between the Feast of the Nativity of the blessed Virgin Mary and Saint Martin, in any Rivers or waters, or shall take young Salmon at any Mill pool, or any other place, between the midst of April and Midsummer, or at any time cast in to any waters any nets by which the fry of any Fish may be taken or destroyed, shall for the first offence have his not burned, for the second be imprisoned three months, and for the third a whole year, 13 Edw. 1. 46. 13 R. 2. 19 & P. 1. & Just. 41. Taking of spawn. 2. Whosoever shall with any Net, or other means whatsoever, take and kill any young brood, spawn, or fry of any fish in any floodgate pipe, or tail of any mill, wear, stream, or river, salt or fresh water, or shall take there any Salmon or Trout out of Season; that is, being keepers or shedders, or shall take or kill any pickerel under 10. inches, or Trout Salmon & trout out of season. under 8. inches, or Salmon under 16. inches, or Barbel under 12. inches fish in length, or shall fish in any of the said places with any net, but such whereof every mesh shall be two inches and 〈◊〉 half broad, shall forfeit for every offence 20. s. the fish and nets (Angling and the taking of Smelts, Gudgeons, Eels, etc. in places only where they have been usually taken excepted) 1 El. 27. & P. 34. & Just. 40. Nota. This Statute doth not extend to any River where the King hath any yearly rent or profit, ibid. & P. 5. Destroying of any pools or fishings. 3. Whosoever shall unlawfully ●re 〈◊〉 cut down, or destroy the head or dam of any pond, more, stew, or several pir wherein fishes are put by the owner thereof, or shall wrongfully fish in any of the same, to the intent to take away the same against the owners will, shall pay to the party grieved treble damages suffer three months' imprisonment, and then to be bound to the good behaviour with sureties for seven years, and the party grieved may take his further remedy for his loss and damages, and may release the suretyship of good abearing, at any time within the 7. years, 〈◊〉 El. 21. & P. 7. & Just. 34. Fish and the eating of Fish. WHosoever shall by writing or open speech notify, that the eating of Fish, or forbearing of Flesh upon any days now usual observed as Fish-days, is of necessity for Salvation of Souls, etc. shall be imprisoned and punished as spreaders of false News, 5. El. 5. & 1. jac. 25, & Poulton News 1. & 2. Concerning fish days, and the eating of flesh in L●n●. See 5 Eliz 5. 35. Eliz. 7 & 1 jacob. 20. & Poulton, 1. etc. Force and forcible Entries Degrees of Force. 1. THere are three degrees of Force, viz. 1. Such as enter peaceably and then hold forcibly. 2. Such as enter with force, and then hold peaceably. 3. Such as both enter forcibly, and hold forcibly. Forcible Entry. 2. Whosoever maketh entry into any Lands and Tenements forcibly, and with strong hand, and multitude of people, and hereof shall be lawfully convicted, shall be imprisonned and fined at the King's pleasure, 5 Ric. 2. 5. & P. 1. Forcible entry; or forcible detaining of Lands. 3. Whosoever shall enter into any Lands or possessions with force, or entering peaceably shall hold the same with force, shall be committed to the next Goal, there to remain until they have paid a fine to the King, And whether the parties which made such Entries be present or gone at the coming of the Justice, he shall in some good town, or convenient place near where such force was made enquiry by a sufficient jury of the same County, City, etc. of them which made such forcible entries, and if it be found that entry was made contrary to the Statute, he shall reseize the said Lands or Tenements so entered upon, and thereof, put the party in possession which was in such sort put out 15 Ric. 2. 2. 8 Hen. 6. 9 & P. 2. & Iust. 8. 9 Three years' possession. None shall be endamaged hereby, which have continued three years' possession, 8 H. 6. 9 Nor any restitution upon any Indictment, 31 El. 11. & P. 4 Each man shall help to remove force. 4. If the Sheriff or any other of the County, shall not attend to assist the Justice, and to arrest such offenders, he or they so offending shall be imprisoned and pay a fine to the King, 15. R. 2. 2. & P. 5. The Justice's charges in the execution of these Statutes, are to be born by the party grieved, Ibid. & P. 2. Forestallers, Regrators and Engrossers. Who is a Forestaller 1. A Forestaller is he that buyeth, or causeth to be bought, or maketh contract or promise for the having, or buying any victuals or wares coming by land or water towards any Fair or Market to be sold, before the same shall be in the Fair or Market, etc. Or that by any means maketh motion to any person for enhancing the price of the same, or that doth dissuade, move, or stir any person coming to the Martket or Fair to forbear to bring any of the same to any Fair or Market to be sold, 5. Edw. 6. 14. & P. 1. Who is a Regrator. 2. A Regrator is he that regrateth or getteth into his possession in any Fair or Market any Corn, Wine, Fish, Butter, Cheese, Candles, Tallow, Sheep, Lambs, Calves, Swine, Pigs, Geese, Capons, Hens, Chickens, Pigeons, Comes, or other dead victual whatsoever, brought to any Fair or Market to be sold, and selleth the same again in any Fair or Market there, or within four miles thereof, 5. Ed. 6. 14. & P. 2. Who is an Engrosser. 3. An Engrosser is he that engrosseth or getteth into his hands by buying, contract, promise, taking other then by demise, lease, or grant of land of tithe, any Corn growing in the field, or other Corn or Grain, Butter, Cheese, Fish, or other dead victual within England, to the intent to sell the same again. (But such as do buy Barley or Oats Who may Regrate. Engross & without Forestall, and turn the same into Malt or Oatmeal, and sell it again, and such Victuallers of all sorts as buy Victual without Forestallings and sell it by retail again, and Badgers and Drovers being lawfully licenced, and not abusing their licenses, are excepted.) So be all buyers of Wines, Oils, Spices, and other Foreign victual brought from beyond the sea 〈…〉 ther, except Fish and Salt only, 5. Edw. 6. 14. 5. Eliz 12, 13. El. 25, & P. 5. & 6. The punishment of the offender. 4. Whosoever shall be duly convicted or Forestall, Regrating, or Engrossing unlawfully within two years after the offences, shall for the first offence lose the goods or the value of them, and be two months imprisoned without bail, and for the second offence lose double the value of the goods, and be imprisoned six months without bail; and for the third, offence lose and forfeit all his Goods and Cattle, stand on the Pillory, and be imprisoned at the King's pleasure, 5 Ed 6. 14 & P. 4. & Iust. 3 i. Live cattle. 5. Whosoever shall buy any Oxen, Runts, Steers, Kine, Calves, Sheep, Lambs, Goats, or Kids, living, and sell them again alive, except he keep and feed them five weeks, shall forfeit the double value of them, 5 Ed. 6. 14. and P. Cattles. Forestall of hides. 6. Whosoever shall forestall any Hides or buy any out of open Market or Fair, unless of such as killed beasts for their own provision, shall lose for every hide vi. s. viij. d. 1 jac. 22. & P. Leather 7. Bark. 7. Regrating of Barks. See Bark. Wool. 8. Regrating of Wool. See P. Iust. 98. & Wool. Leather. 9 Engrossing of tanned Leather: See 5 Edw. 6. & 15. & Poulton Leather 53. Forging of Deeds. WHosoever being once convicted or condemned of any of the offences prohibited by the Stat. of 5 Eliz. against the forging of evidences and Writings, and shall eftsoons commit the like again, shall be adjudged a Felon, and not have his Clergy, 5. El. 14. & Poult. 4. A Servant taken with a forged Testimonial, shall be whipped as a Vagabond; See Labourers. Forging Tokens or Letters, See Counterfeiters. Goldsmith and Gilding. 1. IF any Goldsmith, or worker of Silver, shall work any Silver that is not 〈…〉 e in allay as the Sterling, or shall not set his Mark upon his woe 〈…〉 before he set it to sale, he shall forfeit the double value, 2 H 6. 14. & P. 6. 2. If any Gilder shall offend against the Stat. 8. Hen. 5. concerning the gild of metal and other things, he shall forfeit ten times the value of the thing gilt, and be imprisoned a year, 8. H. 5. 3. and P. 7. and Just 48. Good behaviour. Against whom sureties of the good behaviour may be granted. SUreties of the Good behaviour i chiefly granted against common Barrators, common quarrellers, and common Breakers and perturbers of the peace, and also against Ryoters, against such as lie in wait to Rob, Maim, or Kill, or shall assault any, against such as are suspected to be Robbers upon the highways, against such as are like to commit Murder, or other grievances to the king's people; and also against such as be of an evil name and fame generally, or in the place where they remain. 2 Ed. 3. 6. 34 Ed. 3. 1. & P. Just. 18. & Dalt. fol. 16. Also against him that is suspected to have got en a Bastard, Lamb. 122. Also against Eavesdroppers; also against night walkers, and such as shall sleep in the day, and go abroad in the night, or use suspicious persons company, or shall commit outrages, etc. Guns and Crossbows, Keeping & shooting in Guns, etc. 1. Whosoever shall shoot in, or keep any Gun, Dag, Pistol, Crossbow, or Stonebow, or shall carry in his journey any Gun, Dag, or Pistol charged, or Bow bend, but in time of war, or to or from Musters, except he have in his own or wives right 〈…〉. 〈◊〉. per annum in Lands, Tenements, Fees, Annuities, or Offices, shall forfeit for every offence ten pound to the King and Informer. 33. Hen. 8. 6. & Poulton 1. & 3. The length of a handgun, hag, but demihake. 2. Whosoever shall shoot in, carry keep, use, or hand any Gun, but such as in stock and gun shall be a yard long; or in any Hag, Demihake, Dag; or Pistol, not being three quarters of a yard long, shall forfeit for every offence, 10. l. 33 Hen. 8. 6. & Poult. 2. And every person having 100 l. per annum, may seize and take away any that is shorter, but must break 〈◊〉 within twenty days after, under penalty of 40. s. He may also take away every Crossbow from any not having Lands, etc. as aforesaid, and keep it to his own use, Ibid. Who may take away the Gnn or Crossbow from the offender. Shooting in a City or Market. 3. Whosoever shall shoot in any gun, etc. near to a Market town, except for defence of his person or house, or at a But or Bank of earth in a place convenient, shall forfeit for every shoot ten pound to the King and Informer, 33 H. 8. 6. And if any person under the degree of a Lord of the Parliament, shall shoot in a Hand-gunne in a City or Town at any mark upon a Church, House, or Dove Coat, shall forfeit ten pound, and be imprisoned for three months, 2. Edw. 6. 14. & Poulton 4. The master commanding the Servant to shoot. 4. If a Master command his Servant to shoot otherwise then is aforesaid, he shall forfeit ten pound. Not●. The King must commence his suit within a year after, and every other person within a year after the offence was committed, for any penalty or forfeiture given them by the Stat. 33 H. 8. 6. & P. 5. Every man may arrest an offender 5. Every man may arrest an offender against this Statute, and carry him before the next justice, and such bringer shall have half the forfeiture, 33 H. 8. 6. & Poult. 6. & Just. 45. Hail shot. 6. Whosoever shall shoot hail shot, ●or more pellets than one at one time, unless he be thereto licenced, shall forfeit ten pound, and be three months imprisoned, 〈◊〉 Ed. 6. 14. & P. 10, Who may keep for shoot in guns. See 33 Hen. 8. 6. and P. ●7. Shooting at Fowls, or hares. See Pheasants. Licence to shoot at hawks Such as are licenced to keep hawks meat, may not shoot at other Fowl than are mentioned in their Licenses, nor otherwise, nor elsewhere than is allowed by the Stat, 1 Jac. 27. and if it be not contained in their said Licenses at what Fowls they shall shoot, or if any of them so licenced, shall not 〈◊〉 bound 〈◊〉 twenty pound not to shoot 〈◊〉 any other Fowl, than the said Licenser Pl●c●●d to be void, 〈◊〉 jac. 27. 33 H. 〈…〉 6. & P. 9 & Pheasants 〈◊〉. & Just. 38. Hawks and Hawking. Hawking at unseasonable times 1. WHosoever shall hawk at, destroy or kill any Pheasants Partridge with hawk or do● by colour of hawking, between the fi 〈…〉 of July, and the last of August, and 〈◊〉 same be proved by the party's confession, or by two sufficient witnesses upon oath before two or more Justices of the peace within six months after the offence committed, shall be imprisoned for a month without bail, unless he forthwith pay to the use of the poor there 40. s. for every such hawking at Pheasant or Partridge, and 〈◊〉. s. for every Pheasant or Partridge 〈…〉 ●ac two. Hawking in Corn. 2. Whosoever shall hawk, or with Spannels hunt where any eared or codded Corn shall be standing and not shocked or copped, shall forfeit to the owner of the same Corn 40. s. 33 El. i0. & P. Pheasants 4. Taking Hawks or their eggs out of another's ground. 3. Whosoever shall unlawfully take away any hawk, or the eggs of any hawk out of the woods or grounds of any other person, shall pay to the party grieved treble damages, suffer three months' imprisonment, and be bound with sufficient sureties to the good behaviour for seven years after, or else to remain still in prison, and the party grieved may take his further remedy for his loss and damages, and may release the good behaviour before the seven years be expired, 5 Eliz. zi. & P. i. & 3. Just. 34. & two. H. 7. i7. Take or fear hawks 4. Whosoever shall take any Ei●er, Falkon, Goshawk, Laner, or Lanaret, or purposely drive them out of their coverts or kill them, shall forfeit ten pound to king and informer. Bearing of English hawks. And whosoever shall bear any Hawk of the breed of England called a Nesse-Goshawk, Tassel-Lanner, or Lannaret, shall forfeit the same to the king, two H. 7. i7. & P. 4, 5. & Just. 39 Conceasing of hawks lost. 5. Whosoever shall find a hawk that was lost, and shall not forthwith bring her to the Sheriff of the County to be proclaimed, but doth steal it or carry it away, or conceal it, he shall be used as a Felon for stealing 〈◊〉 Horse, 34 Edw. 3. 22. 37 Edw. 3. 1● & P. 2. Herons. Taking herons. WHosoever shall take any Heron (out of his own ground) by craft or engine, except it be by hawking or long Bow, shall forfeit for every heron six shillings eight pence: and whosoever shall take young Herons out of the nest without licence of the owner of the ground, shall forfeit for every Heron 10. s. to the King and Informer, 19 H. 7. 11. and P. 1. and Just. 35. Shooting at heronswith gun or bow See Pheasants. Highways. By whom, and when Surveyors shall be chosen, six days. 1. IF the Constables and Churchwardens of any Parish, shall not yearly in Easter week choose Surveyors for mending the Highways, and appoint six days for that purpose, according to the Statute, they shall be fined. 〈◊〉, & 3. P. & M. 8. 29 Eliz. 5. & P. 〈◊〉, 2. Surveyor, refusing his office. 2. If any Surveyor refuse to take upon him the Execution of the said Office, he shall forfeit twenty shillings, Ibid. The charge of a plow-land. 2. If any person having a Plow-land in Tillage, or pasture, keeping a draught or plough, and shall not find one wain or Cart furnished to work eight hours every of the said days, he shall forfeit for every of the said draughts making default, ten shillings, Ibid. What is a plowland. A Plow-land is so much as one can plow in a year, Dalt. fol. 53. etc. Two men instead of a carriage. 3. If any of the carriages of the parish shall not be thought needful by the Surveyors to be occupied upon any of the said days, than such person as should have sent carriage shall send for every such carriage so spared, two able men to labour for that day, upon pain to forfeit for every man not sent 12. d. 2. & 3. P. & M. 8. 5 Eliz. i3. 29 Ed. 〈◊〉 & P. 3. Cottager. 4. If any householder, Cottager, or Labourer having no Plough or draught shall not by himself or some other, work eight hours of the said six day's 〈◊〉 the highways, he shall forfeit for every default it. 〈◊〉. Ibid. & P. 4. 5. Surveyors may by their discretion take other men's rubbish, stones, and gravel upon their grounds for amending the highways, but must stop the pits again within one month after such diging, upon pain to forfeit to the owe 〈…〉 5. Marks, 5 El. i3. 29. El 5. & P. 5. 6. Surveyors may also turn a wat●● course being noisome to the highways into any man's ground adjoining, Ibid. & P. 6. 7. If the hays, fences, dikes, or hedges near adjoining to any highway, shall not be diked; scoured, repaired, and kept low, and all trees and bushes growing in the same cut down, the owners shall pay for every default ten shillings, 5 El. i3. i8. El. i0. & P. 7. 8. If any Surveyor shall not within one month next after any offence don● against the meaning of these Statutes present the said offence to the next Justice of peace, he shall forfeit for every offence not presented 40. s. And the same Justice not certifying it at the next Sessions, 5 El. 13. 29 El. 5. & P. 8. 9 If any offender shall obstinately refuse to pay his forfeitures etc. within 〈◊〉. days after lawful demand, he shall forfeit double the sum he should have paid, Ibid. & P. 9 10. If any person being assessed in Subsidue to 5. l. in goods, or 40s. in lands, ●hal not find two able men to yearly 〈◊〉 labour in the highways, he shall be 〈◊〉, i8. El. i0. & P. i2. 11. Whosoever shall occupy a plow-land in tillage or pasture lying in several parishes, shall be chargeable to the making of the ways in the parish where 〈◊〉 dwelleth, i8 El. i0. & P. i3. 12. Whosoever shall keep in his hands several ploughlands in several parishes, shall be charged with the repairing of the highways within the several parishes where the said lands lie, 〈◊〉. El. i0. & P. i4. 13. Every person that shall occupy any Lands adjoining to and highways where any ditching or scouring aught to be, shall ditch and scour in his ground whereby to convey the water out of the highway, upon pai● to forfeit for every rod not so done 12. d. 12 Eliz. 〈◊〉▪ & P. 15. Casting soil into the highway. 14. Whosoever shall occupy any lafoy 〈…〉 adjoining to any highway leading 〈…〉 any Market town, and shall cast or l 〈…〉 the scouring of any ditch into the hig 〈…〉 way, and shall suffer it to lie there 〈◊〉 the space of six months to the anno 〈…〉 ance of the highway, shall forfeit 〈◊〉 every load 12. d. 18. Eliz. 10. & P 〈…〉 16. Sluices to convey the water into the ditch. Where any soil hath been so 〈◊〉 into the highway, that there is a B 〈…〉 between the said Highway and the Ditch, the Surveyors and workm 〈…〉 may make Sluices to convey the wa 〈…〉 into the ditch, Ibid. How and by whom the said penalties shall be levied, and employed. The ways shall be 200● foot broad. See 2. & 3. Pl. & M. 8. 18. El. 〈…〉 P. i0, two. & i7. 15. If any Lord of the soil shall n 〈…〉 enlarge, the highways from Market 〈…〉 Market, so that no dike bush, or Tr〈…〉 (except great) be within two hundr 〈…〉 foot of each side thereof, for the bet 〈…〉 preventing of Roberies and Murthe 〈…〉 he shall answer for any Felony d 〈…〉 therein, and for Murder shall be fined at the king's pleasure, Stat. Winche 〈…〉 13 Ed. 1. 5. and P. 18. Bridges. 18. A remedy where it is not know 〈…〉 〈…〉 ho aught to make or repair Bridges. 〈◊〉 H. 8. 8. 5. 1. 2. & 3. 4. & 5. and 〈◊〉▪ 70. Notae. If a man of his own accord shall ●ake or mend a Bridge, this shall no ●nde him at any other time; yet if he ●nd his ancestors, or any Corporation, 〈…〉 ave done it time out of mind, although 〈…〉 ot of right, yet such continuance shall 〈…〉 and them and their heirs or successors 〈…〉 id Dalt. ●ol. 34. Nota. If a man make a Bridge for ●asement 〈…〉 his Mill, and that decayeth, the party or any other shall be charged to repair 〈…〉 is, for it is no common passage, Dalt. 〈…〉 l. 34. Nota. Such as are chargeable to repair 〈…〉 ridges, may enter upon any other 〈…〉 ans Land or soil adjoining, and 〈…〉 ay lay their stone, time, timber, or 〈…〉 ther necessaries for the repairing there 〈…〉 f, and the owner of the lands shall have ●o action against them therefore, be 〈…〉 use it is for the common good, Dalt. 〈…〉 l. 34. Horses. THe Justices of peace in their 〈◊〉ter lessions may inquire of, h 〈…〉 and determine all defaults 〈…〉 offences done contrary to the Sta 〈…〉 3● H. 8. i3. & 33 H. 8 5. concorning 〈◊〉 keeping and breeding of Horses, see 〈…〉 3, 4, 5, 6, 7, 8, 9, 10, two, 12. & Just. 47, 〈…〉 Horse-stealers. Horse 〈…〉 al●●s, nor their accessa 〈…〉 before nor after shall not have their c 〈…〉 〈…〉, 〈◊〉 Ed. 〈◊〉 33. 3● El. 〈…〉. & P. Cle 〈…〉 Concerning stealing 〈…〉 Horses See fairs etc. Hue and Cry: Hue and Cry must be made. 1. ALL Hue and Cry ought to be made from town to town, a 〈…〉 from country to country, an● by horsemen and footmen, otherwise 〈…〉 is no lawful pursuit, 27. El. i3. & p. i. 9 2. Whosoever shall raise Hue and Cry without cause, or being raised upon good cause, shall refuse to pursue and arrest Felons, or such as have dangerously hurt any man, shall be fined at the King's pleasure. 3. Ed. i 9 & P. i. 2. Hue and Cry shall be levied against him that will not obey the Watch in the night. What the party rob aught to do which will take any benefit by virtue of the Stat. of Hue and Cry, 27 El. i3. & P. 8. i0. Hunters and Hunting. Hunting Coneys in the night in any Park or Werren. 1. Whosoever shall in the night unlawfully enter, etc. and hunt, take, or kill any Coneys shall suffer three months' imprisonment, pay to the party grieved treble damage and cost, and be bound with sureties to be of good behaviour seven years after, 3 jac. 13. & P. Forests 9 two. 2. Whosoever shall by night or day unlawfully enter into any Park impaled, or other several grounds enclosed for the keeping of Deer, and there unlawful hunt, drive, or chase out, or take, kill, or slay any Deer against the will of the owner or occupier of the same, shall suffer three months' imprisonment, pay to the party grieved ten pound, or treble damages and costs at his election. 7 jac. 13. Quaerel Quaere if he shall not be also bound to the good behaviour for seven years after, according to the Stat. 3 jac. i3. Hunting in the night disguised. 3. To hunt in the night in any Forest, Park, or Warren, with Vizors, or other disguisements, and to conceal the same, or any offender upon examination before a justice of the Peace, or to disobey any arrest for such hunting, or to make rescues thereupon, is Felony; but to confess the truth is against the King; but trespass fynable by the justices at the next Sessions; Helony. 1 Hen. 7. 7. & Poult. 4. & Iust. 16. 〈◊〉. Whosoever committeth trespass in Parks, shall make great amends to the party, be three years imprisoned, and bound with sureties not to comm●● the like offence, Trespass in Parks. and be also fined at the King's pleasure, Westin. i. 3. Ed. i 22. & P. Forests. 3. Buckstalls. 3. Whosoever having no Park, &c shall keep, or cause to be kept any D 〈…〉 Hayes, or Bustalls, shall forfeit for every month, ten pound to any that will sue for it by action of debt, etc. The like penalty for every time for any that shall stalk, or cause others to stalk with bushes or beasts at any Deer without the licence of the owner. i9. Hen. 7. 1i. & Poulton 2, & 3. & Iust. 35. Keeping of grey hounds setting dog or Nets. 6. Whosoever shall have or keep any grayhound for coursing of Deer or Hare, or setting Dog or Net to take Pheasants or Partridges, unless he have inheritance of ten pound per annum, Freehold of three pound per annum, or is worth in goods two hundred pound, or be the son of a Knight, etc. or son and heir of an Esquire, etc. shall be three months imprisoned, unless he sorthwith pay to the use of the poor there 40. s. i jac. 27. and P. Pheasants, 7. None shall hunt but he that hath sufficient living. If any artificer, Labourer, or other Layman not having Lands or Tenements of 40. s. pe annum, or any Spiritual person, not having Living worth i0. l. per annum, shall have or keep any Grayhound, Hound, or other, Dog to hunt, or shall use Ferrets, Hays, Nets, Harepipes, Cords, or other engines to take or destroy Dear, Hares, Coneys, or other gentlemen's Games, he shall be imprisoned by the space of a year, i3. R. 2. i3. & P. 1. and Iust. 36. And if any person not having Lands, Notae. etc. of the clear yearly value o● 40. l. or not worth in goods 200. l. shall shoot with gun or bow at Deer, or Coneys or shall keep any buckstals or engines, hays, gate-nets, purse-nets, ferrets, or coniedogs (except Keepers, Warrenners, and owners of Parks, and can make 40. s. per annum of the increase of Coneys) every man having i00. l. per annum, may seize and take, and keep to his own use for ever, such Guns, Bows, buckstalls, etc. 3. jac. i3. & P. F orests i0. Selling deer or bare. See Pheasants, 6. Tracing or shooting at Hares. Hunting in Corn. See Pheasants, 3. See Hawking in Corn, 2. Husbandry and Tillage, SEE 39 El. i & 2 P. ay, etc. & justice 44. Whosoever shall offend against the said Statute, shall forfeit 20. s. for every Acre of land converted from Pasture to tillage, whereof one third part to the Kings own use, one other third part to the King, for relief of the poor of the Parish, and one other third part to any that will sue for it; 39 El. 2. & P. 24. Within what time the offenders shall be sued. Note, that no offender shall be impeached or sued by virtue of this Act, unless such suit be commenced within two years after the offence done, ibid. & P. 26. Indictments, and Presentments. 1. ALL Indictments and Presentments ought to contain certainty, and therefore most commonly five principal things be requisite in Presentments before the justices of the Peace. 1. The Name, Surname, addition of the party indicted. 2. The year, 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 things in which the offence was committed. 5. The manner of the fact, & the nature of the offence, as the manner of the Treason, Murder, Felony, Trespass, vid. jam. fol. 487. What words not necessary in Indictments, See 37. H. 8. 8. & P. i. Process against Inditers in another County, 5 Ed. 3. 14. & P. 5. Indictments of persons dwelling in foreign Counties, 8, H. 6. 10. & P. 3. Process upon Indictment of Felony, See 25. Ed. 3. 14. & p. 5. Where justices of the Peace may charge one Enquest to Indict another, 3 H. 7. 1. & P. jurors 9 & Iust. 45. By what persons and by whom impanelled all Indictments shall be made, P. jurors 7. Indictments taken before Sheriffs in their Turns shall be delivered to the justices of peace of the same Shire, under the pain of ●0. l. 1 Ed. 4. 2. & P. Sheriffs 12. justices of peace may award process against them that be indicted in the Turn, ibid. & p. 13. Informer. IF any Informer or Promoter shall compound or agree with any person for any offence against any penal Law, without the order or consent of some of the courts at Westm. or shall willingly delay or discontinue his suit once commenced, he shall lose 10. l. and stand on the Pillory two hours, 18. El. 3. 5. & 27. El. 10. & P. Action popular. Inholders, 1 NO Inholder, dwelling in any Market Town wherein is a common Baker that hath been Apprentice three seven years, shall within his own house make any horsebread, nor dwelling in any other through-faire shall make it insufficiently, and not of due Assize, upon pain to forfeit the treble value, 13. R. 2. 8. 32. H. 8. 41. & P. 2. & Iust. 50. No Inholder or Hostler shall take any thing for Litture, nor excessively for Hay, nor above a half penny in a bushel for Oats above the common price in the Market, upon pain to forfeit the quadruple value of that, which he shall take more, 13. R. 2. 8. 4 H. 4. 25. & P. 1. and Iust. 50. Inholder keeping misorder, see Alehouses 1. etc. Intolements ALL Deeds to be enrolled must be enrolled within six month after the date reckoning 28. days to every month, and must be indented Revera. And if it have no date, then within the six months after the delivery, and if it be enrolled the last day of the six months' it is good, and any one justice of the Peace may join with the Clerk of the peace, in taking the enrolment of an Indenture of bargain and sale of Lands, etc. lying in the County where he is justice, 27 H. 8. 16. & P. 1. Jurors, Juries and Inquests Juror takeing reward to give his verdict. 1. IF any juror in an inquest shall take any thing to make his presentment favourable, he shall forfeit decies tantum, & 〈◊〉 he have not so much, he shall be one year imprisoned, 34 Ed. 3. 8. 38 Ed. 3. 12. & P. 4. No juror returned without his addition. 2. If a juror be returned without an addition by which he may be known, the party that returned him shall lose 5. Marks to the King, and as much to the party grieved. Gathering issues not due. The like penalty for gathering issues when they are not due, 27. El. & P. 33. 3●. See more concerning jurors, P. 1. 8. &c 3. jurors to inquire of forcible entry, The sufficiency of jurors, to inquire of forcible entry. Sufficiency of jurors to inquire of a Riot, Rout, etc. aught to have Lands or Tenements of the clear yearly value of 40. s. 8 H. 6. 9 & P. 12. 4. jurors returned to inquire of a Riot, Rour, or unlawful Assembly, must have Lands in that County of 20. s. per annum, of Freehold, or 26. s. 8. d. of Coppyhould, ultra reprisas upon every of which, the Sheriff ought to return 20. s. in Issues for the fyrst day, and 40. s. at the second day, 19 H. 7. 13. & P. Riots 14. Nota. But if it be upon a Commission, than the jurors ought to have 10. l. per annum at least, ibid. m. & P 6. Labourers: What persons shall not be retained under a year. 1. IF any Clothier, Taylor, Shoemaker, Tanner, Ba●er, Miller, etc. shall retain any servant to work in his Science or Art for less than a year, the Retainer shall be void, 5 El. 4. & P. 1. Refusing to se ve. 2. Who are compellable to work in Handicrafts and Husbandry. ibid. & P. 2. 3. 3. Who are compellable to work in Harvest, P. 13. 4. If any person shall give any wages 〈…〉ing or taking wages contrary to the Statute. contrary to the rates of wages, of servants and Labourers appointed, and proclaimed, he shall be imprisoned i0. days without bail, and forfeit 5. l. and every person taking such wages and being thereof convicted, shall be imprisoned 2i. days without bail, 5 El. 4. & P. 4. How the wages shall be rated, See P. Iust. 66. Putting away a servant. 5. If any person shall put away his servant before the end of the term without a reasonable cause allowed by a justice of the Peace, or at the end of his term without a quarters warning before given, he shall forfeit 40. l. 5. El. 4. & P. 5. The Servant departing from his master. And if any servant shall depart without such cause before the end of his term, or at the end thereof, without such warning given before two lawful witnesses, he shall be imprisoned without bail, till he be bound to the party to serve and continue with him, ibidem & P. 6. Servants-shal not depart into o●aer towns without testimonial. 6. If any person retained in husbandry, or other the Arts, before mentioned, shall after his retain expired, depart out of one Country, City, Town, or Parish, to another without a Testimonial declaring his lawful departure, he shall be imprisoned till he procure such Testimonial, which if he cannot do within 2i. days after the fyrst day of his imprisonment, than he shall be whipped, and used as a Vaggabond ibidem, & P. 7. No servant shall be relieved without showing his testimonial. Counterfeit test monial, Nota. And every person which shall retain any such servant without showing such Testimonial, shall forfeit for every such oftence, 5. l. 5 El. 4. & P 8. And if any such persons shall be taken with a counterfeit or forged Testimonial, he shall be whipped as a Vaggabod, P. 8. 7. How long workmen shall continue at their Labour, 5. El. 4. & P. 9 Undertaking work and not finishing it. 8. If any shall undertake work by the great, and shall unlawfully depart before it be finished, he shall forfeit 5. l. to the party from whom he shall so depart, and be Imprisoned a month, 5. El. 4. P. &. i0. 9 If any Servant, Workman, or Labourer, wilfully, and maliciously make any assault or 〈…〉 ray upon his Master or Dame, or other person, having the Charge of such workers or work, he shall suffer one years' imprisonment, or less, at the discretion of the justices, and such further punishment as they shall think fit, not extending to life or limb. 5. Ric. 2. & P. i2. Women cempelled to serve. 10. Women of the age of i2. years and under 40. and unmarried, may be compelled to serve, 5 Eliz. 4. and P. i4. 11. Servants of the age of 18. years, and not being an Apprentice, going away Servants imbezelling their Master's goods with, or converting to his own use any Money, jewels, Plate, Good, or Chattels of his Masters or Mistress, and of his or her delivery to keep, of the value of 40. s. to the intent to steal the same, is Felony, 21 H. 8. 7. 5. El. i0. & P. Stealing 1. Labourers Servants, and Apprentices. Taking Apprentices contrary to the Statute. 12. Whosoever shall take an Apprentice contrary to the Law, shall forfeit for every Apprentice 10. l. 5 El. 4. & Poulton 2. 6. None shall occupy any draft, but which he hath been an apprentice. 13. Whosoever shall exercise any art or manual occupation used, 5 El. not being brought up therein, as an Apprentice seven years, or shall let any to work in it, which is not a workman, or journeyman by the year, or hath served as an Apprentice 7. years, shall forfeit for every month 40. s. 5 El. 4. & P. 20. A remedy for an apprentice misused by his Master. 14. If any disagreement shall be between a Master and his Apprentice, which cannot be reconciled by a justice of the peace, etc. for want of conformity in the said Master: then the said justice shall take bond of the Master to appear at the next Sessions, and upon his appearance and hearing of the matter, the justices there, or four of them at the least, where of one to be of the quorum, may discharge the said Apprentice by writing vuder their hands and seals, or punish him, as by their discretions shall be thought meet, 5. El. 4. & P. 25. Nota. An Apprentice cannot be discharged, unless by writing. How and by whom any money given to any Town, for binding out Apprentices, shall be employed, see 〈◊〉 jac. 3. Servants departing into another shire, vide P. ●8. Nota. Labourers or Workmen conspiring for the order of their work, see Artificers. Larceny & petty Larceny. Larceny. WHosoever shall feloniously take the Goods of another exceeding the value of i2. d. removed from the body or person, it is Larceny, a 〈…〉 and punishable by death, except he be saved by his book. Petty Larceny. But if the thing stolen be under the value of i2. d. it is petty Larceny, and not punishable by death, but he shall forfeit his goods and chattels. Leather, Tanner, Currier. SEE i jac. 2. and P. 4. Who may be a tanner. A Tanner shall not be a cutter of Leather. A Tanner shall not use any other Trade, cutting or working Leather, simul & semul upon pain to forfeit the hides and skins, i jac. 22. Poulton 5. How hides shallbe used in vaunting. See i jac. 22. & P. 9 3. VTho may buy rough hides or Calves skins, or tanned Leather not wrought, ibidem & P. 6. & 8. 4. If a Tanner shall raise his hides, with any mixtures contrary to the Statute, he shall forfeit the same hides i jac. & P. i0. 5. Whosoever shall put to sale, or depart with any untanned Leather red and unwrought, but in open Fair or Market in the place thereof prepared, unless it hath been fyrst lawfully searched, and sealed according to the Stat. or shall offer to put to sale any Leather before it be searched and sealed according to the Stat. shall forfeit for every Hide or piece of Leather 6. s. 8. d. and for every dozen of Calf's skins or sheep skins 3. s. 4. d. and the Hides or Skins, or the the value of them, i jac. 22. & P. two. 6. Shall be forfeited ibid. and Poulton. 7. Whosoever shall set his Fats in Tanne-hills or other places where the woozes or leather put therein shall or may take any unkind hear, or shall take and put any leather into any hot or warm woozes, shall forfeit for every offence ten pound, & stand on the pillory three Market days, ibid. & P. 13. and 45. 8. If any Currier shall curry any Leather, contrary to the Stat. 1 jac. 22. or shall spoil or hurt any Leather, by scalding, shaving, or gashing it, he shall lose for each skin marred a Noble, Curriers. (except gashing) and for gashing double so much as the Leather is impaired; 1 jac. 22. & Poulton 17. & 45. A Currier shall not use any other trade cutting leather. 9 No Currier shall be a Tanner, Cordwainer, Shoemaker, Butcher, or other Artificer, cutting Leather, simul & semel, upon pain to forfeit three shillings eight pence for every skin, 1 I●●. 22. and P. 20. Within what time leather shall be curried. 10. If a Currier shall refuse to curry within eight days in Summer, and sixteeen in winter, any Leather brought to him by any cutter of Leather, or his Servant, bringing with him good scull for liquoring the same, he shall forfeit for every hide 10 s. 1 jac. 22. & Poulton 21. The penalty for not appointing Searchers. 11. If a Lord of a Fair or Market shall not yearly appoint and swear Searchers, Sealer's, Triers of Leather, according to the Stat. he shall forfeit for every default five pound, and if the persons so elected and appointed shall not forthwith do their duties, they shall also forfeit five pound for every default 1 jac. 22. & P. 22. vide Poulton 26. A Searcher omitting his duty, or taking bribes. 12. If any Searcher or Sealer of Leather, shall refuse with speed to seal good Leather, he shall forfeit for every offence 40. s. Or if he shall take any bribe, or exact any undue fees, he shall forfeit for every offence 20. pound, or if he shall refuse to execute the said office, Denying of the office. he shall forfeit 10. l. 1 jac. 22. & P. 31. Denying of Search. 13. Whosoever shall deny or withstand any such Searchers, he shall forfeit for every time, 5. l. ibid. and P. 36. Selling leather not registered. 14. Whosoever shall put away any tanned Leather red and unwrought, without registering the same, and the price, shall forfeit the value of the Leather; 1 jac. 22. & P. 36. Buying leather not sealed or registered. 15. Whosoever shall buy any tanned Leather, before it be searched and sealed, or carry it out of any Market, or Fair, before it be registered, shall forfeit the Leather, or the value, 1 jac. 22. & P. 37. Shoemaker. 16. If any Shoemaker shall make any Boots, Shoes, etc. contrary to the Statute: Or shall show, to the intent, to put to sale any Shoes, Boots, etc. upon the Sunday, shall forfeit for every pair 3 s. 4 d. and the true value of the same, 1 jac. 22. and P. 23. See 1 jac. 22 & P. 41, & 45. Forfeited Leather shall not be sold to him that will sell it, ibid. & Poulton 42. Liveries and Retainers. IF any person by himself or other for him shall give any Livery of Sign or Company, or Badge, or retain any man other than his household, servant, Officer, or learned man in the Law, he shall lose 5. l. and the retained as much for every month that he is so retained, 8 Ed. 4. 2. & P. 5. Maim. Maim. WHosoever shall maim another of any Member, whereby he is less able to fight, as by putting out his eye, striking off his hand, finger, or foot, beating out his foreteeth, or breaking his scull, shall be grievously fyned, Lamb. 429. Maintenance, Champerty. Embracery. Maintenance inquiry of riots, Routs, etc. Forcible entries by maintenance. Maintenance of suits. SEE Riots. See P. forcible entry 6. 2. Whosoever shall unlawsully maintain, or cause, or procure any unlawful Maintenance in any Action, Suit, Demand, or Complaint in any of the King's Courts, etc. or shall unlawfully 〈…〉 eraine for Maintenance of any Suit or 〈…〉 lea, any person or persons, or in 〈…〉 race any Freeholders or jurors, or 〈…〉 born any witness by letters or otherwise, for to maintain any matter or cause, to the disturbance or hindrance of justice, or to the procurement or occasion of any manner of perjury by false verdict, etc. shall forfeit for every offence 10. s. 32. H. 8. 9 & P. 4. Nota. But note that the Suit must then be Commenced within a year after the offence. Champertors. 3. Champertor is he which moveth 〈…〉 pleas and suits, or causeth or procureth them to be moved at his own Costs, to the end to have part of the Land, or other thin in variance, and he that thereof attainted, shall be three ye imprisoned, and further punished at the King's pleasure, 33 Ed. 1. & P. 5. Embracers: 4. Embracer is he which cometh● the Bar with the party, and speak 〈…〉 in the matter, and is there to sur 〈…〉 the Jury. P. And he shall be punish 〈…〉 as a Juror, which taketh reward to g 〈…〉 his verdict. See Jurors, and P. Jurors, 56. Manslaughter, & Murder Manslaughter may be By Chance-medley, or by misadventure. Chance-medley. Chancemedley, is when men m 〈…〉 by mere Chance, and upon some unlooked for occasion, without any former malice, and one of them is slain Se Defendendo is when one killeth another in the necessity of his own defence, Se defendendo. and cannot otherwise escape with his life from him. But then he must fly so far as he may, and till he b 〈…〉 let by some wall, hedge, ditch, pre 〈…〉 of people, or other impediment, wh 〈…〉 notwithstanding shall be committed till the time of his trial, and shall lose his goods, and seek his pardon. Nota. Note the case of Darnel and Brouser, at Hertford Assizes, 1619. Misadventure is when a man is doing of a lawful act without evil intent, and another man is slain unawares thereby: As if a Labourer do work with an Axe, and in fetching of his blow, the head of the Axe flieth off, and killeth one standing by, etc. Nota. Note, that he which is acquitted of Murder, or Manslaughter at the King's suit, must be remitted to prison, or let to mainprize, till the year and day be passed, and the party grieved may in the mean time commence his Appeal, 3 H. 7. 1. & P. 4. Murder. Murder shall be intended of them which be feloniously slain, and not where an act is done by misfortune. Marlb. 52 H. 3. 26 & P. 6. Poisoning. Whosoever shall commit any wilful murder, or wilful poisoning of malice prepensed, shall suffer death, and not have Clergy, 1 Ed. 6. 12. & P. 5. In case of poisoning, the party must die thereof within a year and a day after, Dolton 213. Stabbing. Whosoever shall stab or thrust another that hath not then any weapon drawn, nor first strucken, the party so stabbing, or thrusting, so as the party stabbed or thrust do die there of within six months after, shall suffer death, and not have Clergy, i jac. 8, and P. 7. Malt. Malt to be there weeks in the whole time of making. HOw long Malt ought to be in the Fat-floore, steeping and drying, And whosoever shall do conrrary thereto, and be thereof conviucted by the presentment of i2. men, or two sufficient witnesses, shall forfeit for every quarter 2. s. 2 Ed. 6. i0. & P. i. Such as mingle good Malt with bad to sell, shall forfe it to the King and In. for every quarter so put to sale 2. s. El 6. i0. & P. 2. Whosoever shall put to sale any. Malt not being well trodden, fyrst rubbed and fanned, shall forfeit for every quarter 20. d. 2. Ed. 6. i0. & P. 5. Nota. Malt made for a man's own provision is excepted out of this Statute, ibid. &. P. 5. And all offenders against this Statute must be sued or presented within one year after the offence, ibidem, & P. 5. Whosoever shall be Lawfully discharged and suppressed, touching his making of Malt, and will not accordingly The number of Malsters may be restrained. forbear, shall be three days imprisoned, and before his enlargement become bound in 40. l. to obey such suppressing, 39 Eliz. i6. & P. 6. Milk-cows A cow shall be kept for 60. sheep. WHosoever shall feed above a i20. shorn sheep for the most part of the year upon his grounds which be severali and for Milk-cows, and shall not for every 60. Sheep keep one Milch-Cow, and moreover for every sixcore Sheep yearly A Cow for i0. Bea 〈…〉 s feed, & for every two kine a Calf. rear one Calf during the time of keeping such Sheep, shall forfeit to the King and Informer for every Cow not kept, for every Month 20. s. and as much for every Calf not reared, 1, & 3. P. & M. 3. & Poulton Cattle 3. Whosoever 〈…〉 all feed upon his several pasture above 20. Oxen, Rounts, Steers, Scrubbes, Heisters', Kine, and shall not for every i0. beasts keep one Milch-Cow, and for every two Kine wean and rear up yearly one Calf, (except it die) shall forfeit ut antea. Provided that no person shall be compelled to keep any Kine, or rear any Calf for such sheep, or other Beasts, which he keepeth or feedeth to be spent in his house; 2 & 3 P. & M. 3. 13. El. 25. & P. Cattles 4. Mortuary. The day for all Mortuaries. IF any spiritual person, or any for him shall take Mortuary (corpse present) or any thing for the same in any place where the same was not used to be given: or shall take in place where Mortuaries are used, any thing for Mortuary, where the goods of the dead are under ten Marks, or more than 3 s. 4. d. where the goods shall be of the value of ten marks, and under 30 l. or above 6 s. 8. d. where the goods shall be under 40 l. or above ten shillings, where the goods shall be above 40 l. he shall forfeit so much as he shall take over, and lose 40 s. to the party grieved. 21 H. 8. 6. & P. 1. 3. 7. Masons. TO cause Mason's to congregate themselves Chapmiers, is felony: And the Masons which come to such Chapiters' and Congregation, shall be punished by imprisonment of their body, and make fine and ransom at the King's pleasure, 3 H. 6. 1. & P. 1. Matrimony, and Bigamy To marry the former husband or wife living is felony. IF any person being married, shall marry any other, the former husband or wife, (being other than such person, whose husband or wife hath remained beyond the Seas 7. years together, or hath absented him or herself one from the other 7. years together within the king's time, the one not knowing the other to be living, or that was before lawfully divorced, or whose former Marriage was void by Law, etc.) every such offence shall be Felony, 1 lac. 11. & P. 8. 9 But he shall be allowed Clergy. P. Clergy 17. Ordinary: IF any Ordinary or his Scribe 〈◊〉 star, etc. shall take greater Fees that are allowed by the Sta 〈…〉 te, 21 〈…〉 for the probat of a Testament, or Letters of Administration, he shall forfeets for every offence ten pound to the King and party grieved. And moreover to the party grieved so much as he shall take contrary to this Act, 21 H 8. 5. & P. Probate of Testaments, etc. 1, 2: 3. 12. Parliament: WHo shall be a knight of the Parliament, with the 〈◊〉 of their election, See Poulton 4. & 9 The order of levying and paying of the wages of the Knights of the Parliament, see P. 12. & Just. of P. 52. Perjury. AGainst such as do procure wilful Perjury, see the Stat. 5. El. 9 & Poulton 1. & 6 Iust. of Peace, 23. Petty Treason. IF a Servant kill his Master or Mistress, or a Wife her Husband, or any Ecclesiastical person his Prelate, it is petty Treason, and this manner of Treason doth give the forfeit of the Escheats to every Lord of his own proper Fee, 2, Ed. 3. 2. and P. Trea 〈◊〉 7. Pewter or Brass. In what place pewter ought to be sold. IF any Pewterer or Brazier shall sell or exchange any Brass or Pewter 〈◊〉 only in open Fair or Market, or in his house, unless he be desired by the buyer, he shall lose 10. l. for every default. Or if he work any hollow w 〈…〉 of Lay Metal, which is not according to the Assize of Lay Mettle wrought in London, or set not his Seal or M 〈…〉 upon the said Ware, he shall lose the value of the Ware, 19 H. 7. 6. 4 H. l. 7. P. 13. & 5. & Iust. of P. 26. Plague. IF any person infected with the plague and commanded to keep house, shall (notwithstanding wilfully and contemptuously), go abroad and converse in company, having any infectious sore upon him uncured, he shall be adjudged a Felon, and suffer death, but if such person shall not have such sore found about him, then to be puniched as a Vagabond according to the Stat. ●9 El. 5. & further to be bound to his good behaviour for a whole year, 1 jac. ●1. and P. 2. Plays and Games, Maintenance of houses for unlawful games. Whosoever shall by himself or any other, for his gain or living keep, or maintain any common house, Alley, or place of playing at Bowls, Coites, Closh, Cayles, Tennis, Dice, Cards, Tables, Shove-groat, Foot-bail, or casting of the stone, or any other unlawful play or game, shall forfeit for every day 40. s. Playing as unlawful games. And every person using and haunting such house or place, and there playing, shall forfeit for every time 6. s. 8. d. 33 H. 9 and P. i. 5. Person prohibited to play at unlawful games. 2. If any Artificer of any occupation or any Husbandman, Apprentice, Labourer, Servant at Husbandry, journeyman, or any Servant of Artificer, or any Mariner, Fisherman, Waterman, and Servingman (other then of a Nobleman, or of him that may dispend 100 l. per An. playing within the precincts of his master's house) shall play out of Christmas at any of the unlawful Games, or in Christmas out of his Master's house or presence, he shall forfeit for every time 20. s. 33 H. 8. 9 & P. 3 & 5. Who shall have the forfeiture, ibidem & P. 7. and actions popular 1. All Actions etc. upon this Stat. must be commenced within a year after the offence, 33 H. 8. 9 and P. 7. Players abusing the Name of God, forfeit 10: l. for every offence, 3 jac. 21. and P. 6. Poor People Overseers of the poor. 1. Who shall be Overseers of the poor of every parish, and when, and by whom to be chosen, together with the duty of such Overseers, see 43. El. 2. and Poult. 1. 2. If any parish shall not be able to elieve their poor, then two or more Justices of the peace, whereof one to be of the Quorum, dwelling in, or near the same parish, or Division where such parish is, shall, and may tax any other of other parishes, or out of any parish within the same hundred, to pay such sum and sums as they shall think fit, according to the intent of the Law. And if the hundred be not able, than the Justices of the peace, or greater number of them, may at their several quarter Sessions, Rate any other of the parishes thereunto, as they shall think fit, 43 El. 2. and P. 3. 3. Whosoever shall refuse to contribute according as they be assessed, shall be distrained by Warrant from any two such Justices, and in default of distress shall be committed to the common-Goale without bail, till they pay the same, and the arrearages, 43 El. 2. and P. 4. The punishment of thosewhich will not work. 4. Such poor as will not work, being thereunto a ppointed by the Church wardens and Overseers, may be sent to the house of Correction by one, or more Justices of the peace, 43 El. 2. and P. 4. 5. The greater part of the Justices at their general quarter Sessions may by the agreement of the Lord of any waist or common, set up habitations there for the poor, and place Tenements in the same, 43 El. 2. and P. 6. 6. Whosoever shall find themselves grieved with any Selle or Tax, or other thing done upon the said Statute 43 El. 2. The greater part of the justices at their general quarter Sessions shall take such order therein, as to them shall be thought convenient, which shall conclude and bind all parties, 43 El. 2. & P. 7. 7. If the Father, Grandfather, mother, Grandmother and Children, being of a sufficient ability, shall not relieve their poor and impotent Parents and Children, in such manner as they shall be assessed by the greater part of the Justices at their general quarter sessions, every of them failing therein, shall forfeit for every month 20. s. 43 El. 2. & P. 8. 8. If a Parish lie within two Counties, or part within a liberty, and part without, the justices shall deal and intermeddle only with so much of the said Parish as lieth within their limits, concerning the nomination of Overseers, etc. 43 El. 2. & P. 10. The forfeitures for not naming Overseers. 9 If the justices of peace within their divisions shall not nominate Overseers of the poor in every parish according to the Law, every of them making default, shall forfeit for every such default 5. l. 43 El. 2. & P. two. which shall be to the use of the poor of the same pirish, and be levied by warrant from the general Sessions, ibid. 10. How the forfeitures menmentioned shall be levied and employed, see 43 El. 2. & P. 12. 11. The justices of Peace, or the more part of them at their general quarter Sessions next after Easter shall rate every parish to a weekly sum, not above six pence, nor under a half penny, nor the total sum of such taxation on the Parish, to be above the rate of two pence for every parish in the County, for relief of the Prisoners in the King's Bench; marshalsea, Hospitals and Alms houses in the County, and shall also rate the sums to be sent to every of these places, and elect a Treasurer for that purpose, and punish him that refuseth, 43 El. 2. & P. 13, 14, & 16. If any able person threaten to run away, and leave their families behind upon the parish they shall be punished as Vagabonds, 7 jac. 4. see vagabond. Preachers and Ministers of the Church. disturb Preachers. 1. Whosoever shall of p 〈…〉 pose maliciously and contemtuously, molest, or by any means hinder or misuse any Pray 〈…〉 lawfully authorised, in any his open Sermon, or Preaching in any Church or other place used and appointed, and his aiders procurers, and abettors shall be three months imprisoned, and further to the next quarter Sessions, and then, upon his reconciliation before them, shall be delivered out of prison upon sufficient bail for his good behaviour to be taken by the said Justice for a whole year after, 1 M. 3. & P. 1. 2. Whosoever shall by any contemptuous words, or advisedly in any otherwise deprave, despise, or revile the blessed Sacrament of the body and blood of Christ, shall be imprisoned and fined at the King's pieasure, 1 Ed. 6. 1. & 1. El. 1. & P. Sacrament 1. and Justices of peace 8. 3. If any Parson, Vicar, or other Minister, shall refuse to use the Common prayers, or to Minister the Sacraments according to the book of Commyn prayer, or wilfully standing in th● same, shall use any other, form in opens prayers, or in administration of the● Sacraments, or shall speak any thing in ●erogation● of the said book, or any part thereof, and shall be thereof lawfully convicted, shall for the first 〈…〉ence forfeit to the King the profit of his spiritual promotion for a year, and be six months imprisoned without. bail: and for the second offence be (ipso facto) deprived of such promotion, and be imprisoned a year; and for the third offence to be (ipso facto) deprived of such promotion, & be imprisoned during his life. But if he have no such promotion, then for the first offence he shall be imprisoned a year without bail, and for the second offence during his life, 1 El. 2 & P. Sacrament 2. & 3. 4. Whosoever shall in any Play, Song, or rhyme, or by any open Word speak in derogation of the said Book, or of any thing therein contained, or shall cause or maintain any Parson, Vicar, or Minister to say any Common prayer, or to minister any Sacrament in other manner then after the said book or shall interrupt any Parson, Vicar, or ministers to say any open prayers, or to administer any Sacrament, according to the said book, and shall be thereof lawfully convicted, shall forfeit to the King for the first offence 100 Marks, to be paid within six weeks, and in default of such payment to be imprisoned six months without bail, and for the second offence 100 Marks to be paid within the said term, or to suffer imprisonment twelve months without bail: and for the third offence all his goods and chattles, and be imprisoned during his life, 〈◊〉 El. 2. P. Sacrament 4. Nota. Such offenders shal' be indicted at the next general Sessions after the offence committed, ibid. & Poult●n 6, 7. Also, if such offenders shall be punished by the Ordinary, and have a Testimonial thereof under his Seal they shall not be estsoons punished by the justices. Ibidem and Poulton 6. Saying or singing Mass. 7. Whosoever shall say or sing Mass and be thereof lawfully convicted, shall forfeit 200. Marks, and be imprisoned a year, and from thence till he pay the said forfeiture, and whosoever shall willingly hear mass, shall forfeit 100L. marks and a years imprisonment, 23 El. 1. & P. Sacrament 11. Licences to such persons. If any person, Vicar, etc. shall grant a Licence for eating Flesh to any person, other than such as plainly appear to have need thereof, such licence shall be void, and such Parson or Vicar shall forfeit for every such Licence otherwise granted five marks, 5 El. 5. 〈◊〉 P. Fish days 3. If any Parson, Vicar, or ●urat shall ●ake above 4. d. for entering into the church book the Licence of a sick person to eat flesh upon fish days, it is extortion, 5 El. 5. & P. Fish days 3. If any parson, etc. shall take above two pence for Registering a Testimonial, ●f any Servant departing from one place to another, it is extortion, 5 El. 4. & P. Labourers 7. If the minister of every parish shall not keep a Register-booke and there 〈…〉 enter the substance of every Testimonial made for Rogues whipped within his parish, he shall forfeit for every default 5. 〈◊〉. 39, El 4 and P. Vagabonds 3. The duty of parsons, etc. in binding o●● Apprentices, and in employing of the money given to such uses, 7 jac. 3 Prison and prisoners. Goalers' 〈◊〉, handling their prisoners straight 1. IF any keeper of prison, or underkeeper shall by dares or pain compel any his prisoners to become an approver against his will, he shall be adjudged a Felon, 3 Ed. 3. 10. & P. 2. 2. Whosoever having authority of keeping of Goal; or of prisoners for felony shall certify the names of every prisoner in his keeping, and of every person to him committed for any such causes at the next general Goal delivery in every County or Franchise where any such Goal is, upon pain to forfeit to the King for every default, 5 l. 3 H. 7 3. & P. 3. Relief of prisoners. 3. The most part of the justices of peace of every shire may at their general quarter Sessions rare and tax every parish within the said shire at such reasonable sums of money for and towards the relief of prisoners in the common Goal of the County aforesaid, as they shall think convenient by their diferotions, so that the said 〈…〉tion do not exceed above six pence; 〈◊〉 eight pence by the week out of cr 〈…〉 parish, 14 El. 5. & P. 4. Relief of Prisoners in the Ma 〈…〉 say and King's Bench, vide P. 〈◊〉 11. Breaking prison. 4. Breaking of prison by one being in there for felony, or by any under Arrest for Felony, as well with 〈…〉 prison as within is Felony, 1. Ed. 2. l P. 5. Escape, reskues. 5. If any Sheriff or Bal 〈…〉 〈◊〉 willingly suffer any Prisoner for Fe 〈…〉 ny to escape, or if any shall rescue s 〈…〉 a Prisoner it is Felony, vide D 〈…〉 fol. 238, 239. 6. A Prisoner shall be conveyed 〈◊〉 the Goal at his own charge, if he have ability, if not, the parish shall be charged, 3 lac. 10. & P. 7. & 8. A prisoners goods shall not be seized ill he be attained, P. Sheriffs 14. Removing of prisoners, see removing. Bailement of prisoner 9 No justice nor justices shall let to bail any persons forbidden to be hailed by the Stature 3 Edw. 1. upon pain to be fined by justices of Goal-delivery, 1. & 2. P. & M. p. justices of peace, 106 Persons not bailable. 8. No prisoner which before was outlawed, nor he which hath abjured, nor any approver, nor he which is taken with the manner, nor he that hath broken prison, nor a Thief openly defanied and known, nor he which is appealed by an approver, so long as the approver liveth, except he be of good fame, nor he which is taken for burning of a house feloniously, or for false money, or for counterfeiting the King's Seal, nor any excommunicate person taken at the bishop's request, nor he which is taken for a manifest offence, or for treason touching the King, 3 Edw. 1. 15. nor he which shall confess a Felony or Manslaughter before the justice upon his examination, vide Dalt. fol. 285. where bail is taken away by particular statutes for misdemeanours. 9 Such as be indicted of Larceny by Inquests taken before Sheriffs of bayliftes by their office, or of light suspicion, or for petty Larceny, that amounteth not to the value of 12. d. if they were not guilty of some Larceny before, or guilty of some receiving Felons or Thiefs, or of commandment or force, or of aid in Felonies done, or guilty of some other trespass, for which one ought not to lose life or member, and a man appealed of an approver, if he be no common Thief nor defamed, shall be let to bail by sufficient sureties s. Ed: 1. 15. & P. mainprize, 2. It seemeth also by Dalton, that persons taken upon suspicion of burglary, Robbery, or Theft, if they be not of evil Fame: and also Accessaries may be let to bail, vide Dalton; sol. 274. 10. Whosoever shall withhold prisoners bailable, after they have offered sufficient bail, shall pay a grievous sine to the King; and whosoever shall take reward for the deliverance of such shall pay double to the prisoner, and be amarced as aforesaid, W. 1. 3 Ed: 1. 5. & P. mainprize 6. One justice of the peace may bail a prisoner, if it be not in case of felony, or the like, or except some particular Stat. shall otherwise prescribe, Dalt. fol. 33. No person for manslaughter or felony, or suspicion of either being bail Two justices. able by Law, shall be let to bail or mainprize by any justice of the peace, if it be not in open sessions; except it be by two justices of the peace at the least present together at the same time of bailement, whereof one to be of the quorum, who before such prisoner be bailed, shall also take the examination of the prisoner, and information of them that bring him, of the fact, and circumstances thereof in writing, which together with the bailement they shall certify under their hands at the next Goal delivery, upon pain to be fined for every offence by the justices of Goal delivery. i & 2. P. & M. 13. & P. Iust. 106. Purveyors Taking ward, etc. 1. PUrveyors shall agree for the things they take; and shall show their Commission, upon pain to lose their offices, 28 Ed. 1. 2. &. P. i. 2. If any Purveyor shall take any thing of any ma 〈…〉 〈◊〉 〈◊〉 to spare him, and he therefore attained at the partied suit, he shall yield up to the party grieved treble damages, and be two years imprisoned, 36 Ed. 3. 3. & P. 14. By what measure purveyors 〈◊〉 take. 3. If any Purveyor shall take corn by any other measure than by the striked bushel, or by any other than eight such bushels to the quarter, or shall take carriage thereof without making ready payment, he shall forfuite to the party grieved, and be one year imprisoned, 22 Edw. 3. 14. and 〈◊〉 16. 4. If any Purveyor of the King shall take any thing of the value of forty shillings or under, without ready payment, he shall pay the value to the party grieved, and lose his office, 2. H. 4. 14. & P. 22. When purveyors shall fell timber. 5. If any Purveyors of Timber shall sell for the Kings use any Oaken Timber tree meet to be Barked, but only in barking time, other than Trees for building or repairing the king's houses or ships, or shall take any profit by the lops, tops, or Bark of any Trees taken by him, or shall take from the owner any more of any tree then only the timber of the same Tree, she shall forfeit for each etc. to the party grieved 4●. 〈◊〉. 1 jac. 22. & P. Leather, 24. 6. Purveyor sshall not fell trees growing about a man's house, upon pain to forfeit to the party treble damages, be imprisoned a year, and lose his office, 25 Ed. 6. & P. 8. Felony in Purveyors. To make Purveyance without warrant 28 Ed. 1. 2. 20. R. 2. 5. & P. 9 To take more Sheep before share time then be sufficient, 25. Ed. 3. 15. & P. 9 To make purveyance without lawful apraisement, 5 Ed. 3. 2. & P. 17. To take more than they deliver to the King's house, 36 Ed. 3. 4. and P. 18. To take Purveyance in other manner than is comprised in the Commission, 36 Ed. 3● 2. & P. 19 Nota. Note that the justices of the Peace shall deliver the Dockers of purveyors to them delivered according to the Stat. 2, &. 3. P. & M. 6. & P. 28. Charter. No subjects Charter shall take any thing against the owners will upon pain of imprisonment, 23 H. 6. 14. & P. 1. Rape. Ravish a Maid, etc. 1. IF any shall Ravish a Maid, Widow or, Wise above ten years of age against her will, though she consent after, it is felony, 13 Ed. 1. 34. & P. 1. Abusing children under ten years. 2. If any shall carnally know and abuse a woman child under ten years of age, though she consent before, it is also Felony and without Clergy, is El. 6. &. P. 2. Taking a woman against her will. 3. If any shall take a Maid, Widow, or Wife, having lands or goods, or being heite apparent to any, against her will unlawfully, other than is Ward or Bondman, it is felony both in him, and the procurers, Abettors and Receivers knowing the same. 3. Hen. 7. i. & Poulton, Women 12. Recusants, Jesuits. 1. WHosoever shall willingly receive, relieve, comfort, aid or maintain any jesuit, Seminary Priest, knowing him to be so, shall be adjudged a fellow, and not have Clergy, 27 El. 2. and P. jesuits 3. 2. Whosoever shall conceal his knowledge of them, and shall not within it. days after such knowledge discover the same to some justice of peace, or other high officer, shall be fined and imprisonned at the King's pleasure. And it such justice or other such Officers, shall not within 28. days after give information thereof to some of the kings privy Council, he shall forfeit 100L. marks, 27. El. 2. and p. 10. Keeping Recusants in his house 3. Whosoever shall willingly retain and harbour any person not repairing to some Church, Chapel or usual place of Common prayer, to hear divine service, by the space of a month together, not having a reasonable excuse, other than his Father or mother, not having other sufficient maintenance, or the ward of any such person, or any person committed to the custody of any by authority, or shall retain, or keep in service, fee, or livery, any not repairing to some church, etc. by the space of a month together shall forfeit for every month 10. l. 3 jac, 4. & P. 51. Keeping Schoolmaster. 4. Whosoever shall keep or maintain any Schoolmaster which resorteth not to the Church, nor is allowed by the bishop or Ordinary of the Diocese, he shall forfeit for every month so keeping him 10. 〈◊〉 And such Schoolmaster shall be imprisoned for a year 〈…〉 without bail, and be disabled, etc. 23 El. 〈◊〉. & P. 2. Abjurgation. 5. A Recusant not conforming himself, shall abjure the Realm, and the justices before whom such abjunation is made shall presently record the same and certify it to the justices of Assize at the next Assizes after, 35. Eliz. i. 〈◊〉 B. i9. The penalty for a conformed Recusant which shall not receive the Sacrament, etc. 3. jac. 4. & P. 40. Popish Relics. Popish Relics shall be defaced at the general Sessions of the peace, 3 jac. 5. & P. 74. The penalty of such as come not to Church every Sunday and Holiday, see Church 3. & P. 50. Felony in Recusants, see Poultes i9. 3. Removing prisoners or Records. ALL Writs of Habeas Corpus, or Certiorari, to remove any Record or any Prisoner out of any Goal, must be signed with a justice's hand of the same Court, i. & 2. P. & M. i3. and Poult. i. Rescues. Whosoever shall disturb or hinder by Rescues or otherwise the execution of the Statute of Rogues, or of the poor, shall forfeit for every offence 5. l. and be Bound to the good behaviour, 39 El. 4. & P. Vagabonds 5. To Rescue one for Felony is Felony Dalt. fol. 238, and 239. Restitution. Jesuits. 1. IF any Felon of goods, money, or chattels taken from any of the king's subjects, shall be indicted, arraigned, and found guilty thereof, or otherwise attainted, by reason of evidence given by the party robbed, 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 is, shall have power to award writs of restitution thereof, zi H. 8. two. P. & i. vide plus Dalton, i85. Taking stolen goods again. 2. If a man pursue and take a Felon that hath stolen his goods, and then taketh his goods again, and suffereth the Thief to escape, he is no accessary for he may in initio agere civiliter or 〈…〉 minaliter at his pleasure; tamen quaert. But if he took his goods again to favour the Felon, it is Theft, but quaere if it be not Felony et vide Terms of the Law, fol. i8 4. If upon Hue and Cry a man do arrest a Thief that hath stolen another man's goods, and from the said Felon do take the good, and so let him go, this maketh him an accessary, if not principal, Dalt. 253. Receiving or buying stolen goods. TO receive or buy stolen goods knowing they were stolen, maketh not an accessary, unless he receive or aid the Felon himself, quaere & vide Dalt. ibid. If a stranger buy such goods for a valuable consideration it is less dangerous, ibid. Riots, Routs, and unlawful Assemblies. The forfeitures of the justices which do not execute this Stat. THe Justices of peace which dwell nearest in every County where riot shall be; together with the Sheriffs or under sheriffs of the same County shall do execution of the Statute of Riots, within a month after every one, upon pain of 100 l. 13. H. 4. 7. & P. 2. & 5. Note that the King shall bear their costs sustained in the execution thereof, 2. H. 6. 8. & P. 10. In Riots, Routs, and unlawful Assemblies these circumstances are to be considered, viz. 1. The number of the persons assembled. 2. The intent and purpose of their meeting. 3. The lawfulness or unlawfulness of the act. 4. The manner or circumstance of doing it, The number which make a Riot, etc. What makes an unlawful assembly. To make a Riot, Rout, or unlawful Assembly, three persons at the least must be gathered together. If three or more shall come or assemble themselves together, to the intent to any unlawful act with force or violence against the person of another, his possessions or goods (although they after depart of their own accord without doing any, yet that is unlawful Assembly. 〈◊〉 Rut. If after their first meeting they shall ride, go, or move forwards towards the execution of any such Act, this is a Rout. And if they do execute any such thing indeed, than it is a Riot. Arrest Rioters. 2: If any Riot, Rout, or unlawful Riot. Assembly be made, three or two Justices of the Peace at the least, and the Sheriff, or undersheriff, shall arrest the offenders, and record that which they shall find done in their presence against the Law, and such offenders shall be convicted by the Record, in manner and form as it is contained in the Stat. of forcible Entries, 17 R. 2. 〈◊〉▪ 13. H. 4. 7. & P. See forcible Entries 2. Enquiry of Riots. etc. 3. If such offenders be departed before the coming of the said Justices and Sheriff, they shall diligently inquire within a month after, and the same shall hear and determine according to the Law. Certifying of a Riot. And if the truth cannot be found, then within a month next after they shall certify before the King and his Council; of the whole fact and circumstances thereof, 13. H. 4. 7. & P. 2. & 3. Note also that if the offenders shall traverse the matter so certified, the same Certificate and Traverse shall be sent into the Kings-bench to be tried, ibidem. The punishment of Riots. 4. Rioters attainted of great and heinous Riots, shall have one years' imprisonment, as the king and his council shall think good, 2 H. 5. 8. and P. 10. Each man shall help to repress Riots. 5. Each man being able to travel shall help to repress riots, upon paino of imprisonment and fine, 2 H. 5. 8. & P. 12. 6. The sheriff having a precept directed A jury to inquire of Riots, etc. to him, shall return twenty four persons dwelling in the Shire where the Riots etc. shall be committed, whereof every of them shall have Land and Tenements, within the said shire, to the yearly value of 20. s. of Charter land of freehold, or 26. s. 8. d. o● Copyhold, or of both above all charges, to inquire of the said riot, etc. and shall return upon every of them in is●●res at the first day 20. s. at the second day 4 〈…〉 under the pain of 20▪ 〈◊〉 9 H. 7, 13. & P. 14. Maintenance whereby a Riot is not found. 7. If by reason of Maintenance or Embracery of Jurors, a Riot, etc. is not found, the Justices and Sheriff besides such certificate that they be hound to make according to the said Statute 13 H. 4. shall in the same certificate certify the names of the Maintainers & Embracers, with their misdemeanours, upon pain to forfeit 20. l. and imprisoned at the discretion of the Justices, 19 H. 7. 13. & P. 15. Unlawful assemblies. 8. If any persons above the number of two, and under twelve, being assembled, shall intend unlawfully with force to murder or slay any wan, or to cut, or cast down any enclosure or banks of any fish ponds, or to do any the deeds mentioned in the Statute hereafter named, and shall not depart upon proclamation, but shall attempt to do any of these things, they shall be imprisoned a year without bail, and pay treble damages and costs to the party grieved, 1 M. 12. 1 Eliz. 16. & Poulton 20. Disclosing a commotion wherein one is moved. 9 If any person being moved to make commotion, or infurrection, or rebellious assembly, shall not within twenty four hours after, disclose the same to a Justice of peace, or to a Sheriff; or if any person shall stir or proeure any other to make such assembly, he shall be three months imprisoned without bail, unless he shall be discharged by three Justices of the peace, whereof one to be of the quorum of the same shire where the offence shall be committed, 1 M. 12. 1 Eliz. 10. & P. 24. 30. Rebellious Assembly. 10. The raising of unlawful assemblies to the number of twelve or forty, and not to depart within an hour, being commanded by proclamation, and also the relieving of any such persons is felony, i M. i2. 1 Eliz. i6. & P. 17, i8, 19 28. 31. Robbery, Theft. Theft. THeft is the taking away of another mansgoods, with an intent to steal them against the will of the owner, and is of two sorts, Robbery and Larceny, Dalt. fol. 226. Robbery. Robbery is the felonious taking of any thing from the person of another, or in his presence against his will, and putting in fear thereby, and for which the offender shall suffer death without Clergy, Dalton. fol. 227. Highway. 3. Robbers in or near the highway shall not have Clergy, how much, or how little soever they take away, 1. Ed. 6. 2. & P. Clergy, 131. House. Nor he which robbeth any house by day, or night, any person being in the same, or thereby put in fear; nor he which robbeth any person at any part of his dwelling, the owner, his wife, children or servants sleeping or waking within the precinct thereof. Tent or booth. Nor he which robbeth a Tent or Booth, in fair or Market, the owner, his wife, children, or servants being within the same Robbing any part of any house by day, of the value of 5. Nor he which robbeth any dwelling house or outhouse thereto used, in the day time (though no person were therein) of the value of five shillings, or above. Church or Chapel. Nor he which doth feloniously take goods out of any Church or Chapel, see P. Clergy 13. Rome. AGainst such as maintain the Authority of the Bishop of ROME, see 5 El. 1. & P. 1. 2. Against such as give or take absolution by any Bulls from ROME, or shall obtain or get from the said bishop any manner of bull, writing, or other instrument, or shall bring into this Realm any tokens or things called by the name of Agnus Dei, or any Crosses, Pictures, Beads, etc. and their aiders, see 13. El. 2. & P. 2, 3, 4, & 5. 3: Against such as withdraw any from their obedience to the King, and their Aiders, see 32. El. 2. & Poulton. 7. & 8. 4. Against such as extol any foreign power, etc. see 1. El. 1. & 5 El. 1. & P. Crown 2, 6, 7, 8. 5. Against such as depart out of the Realm to ferve any foreign Prince, 3. jac. 4. & Poult. Recusants 48. Sewers. 1. THe Just. of peace in their quarter Sessions may administer the oath to any Commissioner of Sewers according to the Stat. 23 H. 〈◊〉. 5. & P. 3, & 4. 2. Six Justices of the peace, two of them being of the quorum, may for a whole year after expiration of a Commission of Sewers execute the laws of the Commissioners of Sewers, unless that a new Commission of Sewers be published within the year, 13 El. 9: & P. 16. Sheep. Transporting sheep. 1. Whosoever shall bring, send, or receive into any ship or bottom any rams sheep or lambs being alive, to be conveyed out of the King's Dominions, or procure the same, shall for the first offence forfe it all his goods for ever to the king and Informer, and be imprisoned one year without bail, and then in some open Market, in the fullness of the Market on the Market day, have his left hand cut off, and the same to be nailed up in the open place of such Market: and for the second offence it is Felony, 8 El. 3. & P. 1, & 2, & Just. 15. 2. No person shall keep above 2000 sheep, reckoning after sixscore to the hundred, upon pain to forfeit for every sheep more 3. s. 4. d. to the king and informer, 25 H. 8. 13. & P. 3. & Just 15. Sheriffs. Estrcals shall be showed to the party and rooted. 1. IF a Sheriff or any of his Ministers which by force of the Green Wax do levy the king's debts, shall not show to the party indebted the estreats sealed, and Tor the same which is paid whereby the debt is another time demanded of the same person, he shall pay to the party grieved his treble damages, and make fine to the King, 42. Ed. 〈◊〉▪ 9 & 〈◊〉. Estreats 2. & Just. 88 2. If any Estreats of Issues hath been gathered of any person, other than such as by virtue of the said Estreat was of right chargeable or charged therewith, the offender shall forfeit to the King five Marks, and as much to the party grieved, 27 El. 7. 39 El. 18. & P. Jurors 34. & Just. 99 3. In every Estreats of Issues against a Juror his addition shall be put, Ibidem. 4. Justices appointed to oversee the Sheriffs Estreats, shall be named at the general Sessions after the Feast of Saint Michael by the Custos Retulorum, or in his absence by the eldest of the Quorum. 11. H. 7. 5. & P. Sheriffs 18. & 20. justice's shall view the Sheriffs estreats. 5. Sheriff's shall make no Estreats until two Justices have made the view of them, which estreats shall be indented, and the Justices have one part, 11 H. 7. 15. & P. 14. 18. 20. Indictment takenin the Sheriffs Turn shall be delivered to the red to the Iust. of Peace. 6. Sheriff's must certify the Indictments found in their turn or Law day to the Justices of Peace at the next Sessions of the Peace in the County, under the pain of 40. l. 1. of Edw. 4. 2. & P. 12. The Justices shall award Process against those which be indicted in the Sheriffs Turn. Ibid. & Poulten 13. Extortion in Sheriff, so P. 5, 6, etc. Subsidy. IF any person that ought to be set to the Subsidy, shall by craft or covin escape tamation, and that be proved before two Justices of the peace of the County, he shall be charge d double so much as he ought to have been, and be further punished at the discretion of the said Justices, 7. jac. 22. Swans. IF any person (or other) to his use use shall have or possess any mark or game of Swans of his own, not having Freehold of five Marks per annum above all charges, any other subject having Lands of that value may seize the said Swans, as forfeited to the king and himself, 22 Ed. 4. 6. & P. 1. The penalty for taking or destroying Swans Eggs in their nest, see Pheasants etc. & P. Hawks 3. & 11 H. 7. i7. Tilemakers. The preparation of the earth for making tile. 1. IF tilemakers shall not dig and cast up their earth for Tile till after the first of November, or shall not stir and turn it till the first of Febr. following, or shall not work it before the first of March following, or shall not work and try it from stones, veins, and chalk, or shall make or put to sale any plain Tile under ten inches and a half in length, six inches and a quarter in the breadth, and half an inch The length, breadth, & thickness of tile. and half a quarter in thickness with convenient deepness; or any gutter tile under ten inches and a half in length, with a convenient thickness, breadth and deepness, they shall lose the double value to the buyer, and a fine to the king, that is to say, for every hundred of plain tiles, five shillings; for every hundred of rough tile six shillings eight pence, and for every hundred of corner tiles two shillings, and after that rate for more or lesser, i7 Ed. 4. 4. & Poult. i, 2, 3. Searchers of tile. 2. If the Searchers appointed for the oversight of the true making of Tile shall not do their effectual diligence therein, shall lose for every default ten shillings ibidem, and Poulton 5. and Just. 97. Toll. 1. IF any Miller shall take excessive. Toll, or by heaped measure, he shall be grievously punished 3 Ed. i & P. 2. Toll for Horses, see Fairs. Tongues, Eyes. 1. TO cut out the Tongues, or put out the Eyes of any of the king's liege people, out of malice prepenced, is Felony. 5 Hen. 4, 5. & P. 1. Transportation. 1. THe prohibition of transporting corn, is to be made by the most part of the Justices of peace at their quarter Sessions, 13 El. 13. & P. Corn 7. 2. Whosoever shall against proclamation, thereof made, transportor carry out of this Realm any Corn, Graine, or Malt, growing or made here; of Beer, Butter, Cheese, or Wood, in any vessels, except to Barweck, or the Marches thereof, without sufficient authority, or any sea-fish, or Herring 〈…〉 not taken by a natural borne Subject here; or shall by any means convey, 〈◊〉 willingly consent to convey any of the said things to any vessel, being on the sea, or any place or haven of this Realm to be transported over sea, or into Scotland, without sufficient authority; or if any person having licence to convey any of the said things, shall fraught He that hath licence to transport corn, shall lad it in one place. or lad his vessel, or any part thereof, at any more places than one only, the owner of the vessel shall lose it, the owner of the victual shall lose the double value, and the Master and Mariners their goods, and have a years imprisonment, 1 & 2. Ph. & M. 5. 13. Eliz. 11. & 13, & Poulton Corn 1. & Just 27. Lawful to transport Corn and Beer. 3. It is lawful to transport Corn and Grain when the prizes be allowed reasonable until it be restrained again by the king's proclamation, 1 jac. 25. & P. Corn 6, 7, 8. So may Beer be transported when Malt is not above sixteen shillings the quarter, 3. Jac. 11. & P. Corn 6. Traverse. 1. THe liberty of Traverse is commomonly restrained to indictment of Trespasses, Centempts, Riots, and other inferior offences. 2. To Traverse an Indictment, is to take Issue upon the chief matter thereof, which is none other to say, than to make contradiction, or to deny the point of the Indictment; As in a presentment against A. for a Highway overflowing with water for default of scouring a ditch, which he and they whose Estate he hath in certain land there, have used to scour and 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 the Land, &c, or that he or they whose estate, etc. have not used to scour the ditch, &c, Treason. High treason. 1. HIgh Treason called in Law Crimenlesae Majestatis, is a grievous offence done or attempted against the State Royal, viz. against the King in his person, the Queen his Wife, his Children, Realm; or authority, &c: See more P. 1. etc. & Dalt. fol. 198. The punishment. Such offender shall be hanged cut down alive, and quartered, and shall forfeit all his lands and goods to the king, yea his entailed lands, and his wife shall lose her dower, & his blood shall be corrupted, saving in certain cases, vid. Dalt. fol. 205. Praemunire In case of Praemunire the offender shall forfeit all his Lands in fee for ever, and all his goods and chattels to the king, but his lands whereof he hath an estate he shall forfeit only during his life, and shall be imprisoned during his life, ibid. Misprision. Misprision is properly when one knoweth that another hath committed Treasons or Felony, but was not consenting thereto, and conceals the offence. The punishment. Such offender for Misprision of Treason, shall forfeit to the king his goods and chattels for ever, the profits of his lands during his life. Dalton 103. For Misprision of Felony, the offender shall be only fined, ibid. Petty treason. Petty Treason is when wilful Murder is committed upon any Subject by one that is in subjection, and oweth faith, duty, and obedience to the party Murdered, Vide Petty Treason, fol. 82. 6. The punishment. The punishment for Petty Treason is this, the man so offending shall be drawn and hanged, the woman shall be burned alive, in case as well of petty Treason, as of high Treason, I Ric. 3, 4. But in case of Felonies, the judgement both of man and woman is to be hanged. The forfeitures. The for feiture of Petty Treason is the King shall have all his goods, and for his Lands the king shall have Annum diem & vastum, and the Escheat thereof, shall be to every Lord of his own proper fee. Treasurer's: THe Treasurers of the Country are to be chosen at Easter sessions by the more part of the Justices, and are to be such as at the last taxation of the Subsidy next before the said election were valued and assessed at 10. l. in lands yearly, or 40. l: in goods and shall continue but one year, and then give up their charge and account at Easter Sessions, or within ten days after; and if any Treasurer, his Executors, or Administrators shall fail to give up his account within the time aforesaid or shall be otherwise negligent in his charge, than it shall be lawful for the more part of the Justices in their Sessions to assess such fine upon him, his Executors, Administrators, as in their discretions shall seem convenient, so it be not under 5. l. 43 Eliz, 3. & P. Capt. 18. 2. The Treasurer shall assess relief to Soldiers or Mariners upon a lawful Certificate, and shall keep a true book of computation of the money they lent, and a Register of the names of such as they give relief unto. And every Treasurer returning, or not accepting the Certificate brought unto him, shall write and subscribe the cause of his not accepting, or not allowing thereof, under the said Certificate, or in the back thereof. And if any Treasurer shall wilfully refuse to give relief according to this Act, the Justices in their S●●ons may fine such Treasurer by their discretions, 43 El. 3. & P. Captains 19, 21; 22. The surplusage of the stock. The surplusage of the stock of the more part of the Justices in their quarter Sessions, be ordered, distributed, and bestowed upon such good and charitable uses, and in such form as are limited in the Statutes made in force concerning the relief of the Poor, and punishment of Rogues and Beggars: 43 El 3. and P. Captains 24. See more P. Poor people 14, 15. How the Forfeitures shall be employed, see 43 El. 3. & P. Captains 26. Trespass: WHosoever shall cut, or unlnwfully take away any Corn or grain growing, or rob any Orchards or Gardens, or break or cut any hedge, pails, rails, or fence, or dig, pull up, or take up any fruit 〈…〉 ree or trees, in any Orchard Garden, or elsewhere, to the intent to take or carry the same away; or shall cut or spoil any Woods, or under Woods, Paul's or trees standing, not being Felony, and their procurers and receivers knowing of the same, being thereof 〈…〉 awfully convicted by the confession of the party, or by the testimony of 〈…〉 e sufficient witness upon oath before 〈◊〉 Justice of the peace etc. shall give the party such satisfaction as such Ju 〈…〉 ice shall appoint, and within such ●ime as he shall appoint, the same to be only for the first fault. And if such offender's shall not be thought able to give satisfaction, then to be whipped ●nd also for every such offence after to 〈…〉 cceive the same punishment of whipping, 23 El. 7. & P. 1. A Constable refusing to punish such offender's, see Constables 10. & P. 2. No Justice of peace etc. shall execute this Statute for any of the said offences done to himself, unless he be associated and assisted by one or more Justices whom the offence doth not concern, 43 El. 7. & P. 3. Vagabonds and Rogues. Who shall beadjudged incorigable bohues to br burned. SEE 39 Eliz. 4. 4. & P. 2. & 7. But note that that act doth not exte 〈…〉 d to any children under seave● years old. All common players of Interludes and Glassmen shall be accounted rogues 1 jac. 7. & P. 2. A Servant taken with a counterfei 〈…〉 or forged Testimonial or not procuring a Testimonial according to the Stat. 5. El. 4. shall be taken and punished as a Rogue: see P. Labourers 8. A Soldier or Marriher begging, 〈◊〉 counterfeiting a Certificate, shall be accounted a Rogue, 34 El. 3. & P. Capt. 23. And all such as wilfully go abro 〈…〉 out of houses infected with the Plagu 〈…〉 though they have no sore upon them shall be accounted Rogues, and more over be bound to the good behaviour for a year. 1. jacob. 31. & Poulton Plague 4. And all able persons threatening to turn away and leave their family upon the Parish, the same being proved by two sufficient witnesses upon oath before two Justices of the peace, shall be punished as Rogues, unless they put in sufficient sureties for the discharge of the parish, 7 jac. 4. Who shall be adjudged Vagabonds and Rogues. All such able persons as shall run away out of their parishes, and leave their families upon the parish. 7. jac. 4. All such as appear to be dangerous to the inferior sort of people, or otherwise be such as will not be reform of their Roguish kind of life by the former provision of this Act, shall be sent to the house of correction, or Goal of the County by two Justices, one of them being of the quorum of that limit till the next Sessions, and then by the consent of the more part of the Justices in their open Sessions, shall be with an hot burning Iron, of the breadth of two pence, with a Great Roman R. upon the Iron; and then shall be sent to the place where they last dwelled, if they have any dwelling, it not, then to the place where they last dwelled for the space of a year, and if that cannot be known by their confession or otherwise, then to the place of their birth. Who shall be adjudged a fellow And if after such punishment they offend again in begging or wand'ring contrary to the Law, they shall be adjudged Felons and not have Clergy, 39 El. 4. 1. jac. 7. & P. 4. Rogue's ought to be conveyed from parish to parish. To send rogues by a general Passport without conveying them from parish to parish, is a let to the conveying of rogues according to the Statute, and so a for feiture of 5. 1. upon them, and to go with such a passport is but still to continue a rogue to be punished by whipping, see the duties of Constables, fol. 25. 7. Outlandish Rogues. If any Mannish, Scotish, or Irish rogue shall come into this kingdom, he shall be punished as a rogue, and conveyed to the next port or parish where he landed, 39 El. 4. and P. 16. See the constables duty herein, Constables. 18. Every person shall apprehend such Rogues, Vagabonds, and sturdy Beggars as he shall see or know to resort to his house to beg or receive alms, Every person shall apprehend rogue. and him shall carry (or cause to be carried) to the next Constable or Tything man, upon pain to forfeit for every default 10. s. 39 El. 4 and P. 5. How these forfeitures shall be employed, See 37 El 4. & P. 11. see more Constables 7. Victuals and Victuallers. Corrupt Victuals. 1. IF any Victualler shall sell, or offer to sell any corrupt, or unwho I some Victual, he shall be fined by the discretion of the Justices, 51 H. 3. Statute Pistorum, Cap. 7. see more Butchers 3. Victual shall be sold at reasonable prize. 2. If any Butcher, Fishmonger, Inholder, Tipler, Brewer, Baker, Poulterer, or other seller of Victuals, shall not sell the same at reasonable prizes, and for moderate gain, he shall lose the double value of that he received, 23 Ed. 3. 6. & P. 3. & 4. 3. Victuallers conspiring for selling their Victuals, see Artificers, 1. 4. When and in what cases victuals may be transported, see 1 & 2. P. & M. 5. & Poulton 8. & Justices 27. & Corn 1. & 7. Usury. Selling wares, and buying them again 1. IF any person shall by himself or any other, sell any Merchandise or wares to any other, and shall within three months' next after by himself, or any other buy the same, or any part thereof again upon a lesser price, knowing them to be the same: Or if any person shall by any corrupt Bargain, Mortgage or other means, take in gain above the rate of ten pound for a hundred pounds for one years' forbearance, and so after that rate more or less, he shall lose the treble value to the king and Informer, and be imprisoned and fined at the king's pleasure. 37. Hen. 8, 9 & P. ay, 2, 3, 4. & i3 El. 8. 39 El. i8. and P. 6, 7. Nota. He that taketh ten pound or less in a hundred, shall forfeit the Interest only i3 El. 8. 39 El. i8. & P. 8. & Just. 9i. Wages. Wages of Servants, see 5 El. 4. and P. Labourers 4. and Justices 66. Wages of knights of the Parliament see 23 H 6. 6. 1i. and P. Parliament i2. and Just. 52. Wages of Justices of the peace, see i4. R. 2. two & P. Justices 6, 7. & 5 El. 4. & P. Justices 68 Wages of Weavers and Spinsters, see Cloth 3. Watch and Ward. IF the Watch in every town be not kept from Sun setting to Sun rising, between Ascention day, and Michaelmas day, to arrest Nightwalkers and strangers that pass by in the night, the Constable, shall be fined by the discretion of the Justices, Stat. Winton. i3 Ed. i. 3. and 5 H. 4. and P. ay, and 2. Wax: IF any person shall sell, or shall set forth Candles, or other works of Wax to sale at higher prices then after the rate of four pence the pound over the common price of plain wax between Merchant and Merchant, he shall be fined to the King, and shall forfeit his work, or the value of it: 11 H. 6. 12. & Poult. 8. & Just. 42. Weights and Measures: Lawful Weights, see Poult. 1, 2, 3, 4, 5. ●one shall 〈…〉 ey or sell 〈…〉 t with ●eigbts & ●easures 〈…〉 gned and 〈…〉 inted. Whosoever shall buy or sell by unlawful Weights or Measures, or shall buy or sell in any City or Market with any Weight or Measurethat is not lawfully marked or signed, the same shall be broken and burnt, and the offender shall lose for the first offence six shillings eight pence, for the second, thirteen shillings and four pence, and stand on the pillory, 11 H. 7. 4. & P, 9, 10. & Just 92. Common weights. If they of the town where the King's Standard is appointed to remain, should not have their common Weights and Measures signed, or shall not have thereby signed weights and measures sold to all that have required the same, they shall be fined and amerced, Officers shall view & examine weights. and so shall the head Officers of market towns, which shall not twice yearly make view and examination of weights and measures there, 11 H. 7. 4. & P. 7. & 10. Seal weights If any person shall take above one penny for sealing a Bushel-measure, or above one penny for sealing a hundred weight, or above a half penny for sealing half a hundred weight, or above a farthing for a less weight, he shall forfeit forty shillings, 7 H. 7. 3. & 11 H. 7. 4. False Weights. Whosoever shall buy Corn by heaped measure in any place, except within Shipboard, or shall use double measure, the one to buy, the other to sell with, he shall be grievously fined and imprisoned 17 Ric. 2. de Pistor. & 11 H. 4. Countterters of Weights. All falsiers of false Weights shall be imprisoned without Bail, till they be acquitted or attainted, and if they be attainted, their bodies shall remain in Prison till they have made fine and Wild Fowl and their Eggs. Taking, or destroying the eggs of Wild Fowl. WHosoever shall willingly with draw, purloin, take, destroy, or convey any Eggs of any Wildfowl from any Nest or place where they shall be laid by any kind of the same Wildfowl, between the first of March, and the last of june yearly, shall be imprisoned one whole year, and forfeit to the King and Informer for every Egg of any Crane or Bustard so destroyed or taken from any nest or place 20. d. and for every Egg of every Byter, Heron, or Shovelard 8. d. and for every egg of every Mallard, Teal, or other Wildfowl used to be eaten, a Penny. 25 H. 8. two. 3 Ed. 6, 7. & P. i. & Just. 9i. & vide plus Pheasants 3. Wines. 1. SUch as sell Wines in gross, contrary to the Prizes assessed, shall forfeit for every vessel so sold, forty shillings, 28 H 8. i4. and P. 2. and Just. 94. 2. If any person authorized to sell Wine by Retail, shall sell the same above the Prizes thereof limited by the King's Proclamation, if there have been any, and shall be convicted within a year after, he shall lose for every Galion 3. s. 4. d. and so after that rate, 28 H. 8. i4. & 5 El. & P. Just. 94, 95. Denying to sell Wine at the prices assessed. 3. If any shall deny to sell Wines at the Prizes assessed, they shall forfeit the value of the Wine so desired to be bought, and the Justices may upon request enter and sell the same desired to be bought, according to the prices set down, and take the buyers money towards the satisfaction of the forfeiture 24 H. 8. 6. & P. 3, 4. Woods. IF a Lord or owner of Woods or under Woods, and the Tenants or Inhabitants, (having common therein) cannot agree in dividing the fourth of the said Wood, but shall desire the aid of the Justices of the peace of the same shire where the Wood lieth, the more part of such Justices (not being a kin to the said Lord or owner) shall sever and set out the said fourth part of such wood, 35. H 8. 17. & P. 8, 9 Wool and Yarn. IF any shall buy woollen Yarn, and not make Cloth thereof, he shall forfeit the Yarn and foursold damages and be two years imprisoned, and fined, 8 H. 6. 5. & P Yarn 4. 2. If any shall buy wool but of the owner of the Sheep and Tithe, he shall lose the value thereof, E. 4. R. 2. 4, & P. 1. RESOLUTIONS OF THE JUDGES OF ASSIZE, UPON Certain QUESTIONS, touching Parishes, etc. Mich. An. Dom. MDCXXXIII. LONDON, Printed by T. L. for M. Walbancke, MDCLV. RESOLUTIONS OF THE JUDGES OF ASSIZE, UPON Certain QUESTIONS touching Parishes, etc. Mich. An. Dom. 1633. QUEST. I. Whether the churchwardens and overseers of a parish, with the assent of two Justices of Peace, one being of the quorum may by the Statute of 43 E. cap. 2. or any law enforce a parishioner of the same Parish to take a child of a poor Parishioner of the same Parish, who is not able to keep his said Child, to be an Apprentice? Resol. The Statute of 43 Eliz. which saith that the Churchwardens and Overseers of the parish shall put out children to be Apprentices, necessarily implieth, that such as are fit must receive such Apprentices, and the putting out of poor children is one of the best ways for providing for the poor. quest. II. If they may, then whether they must give money with him, and who shall determine what sum shall be given, if the party that is to take such Apprentice and the Churchwardens & Overseers of the poor, cannot agree thereupon? Resol. There is no necessity that money must be given, but that must be left to the discretion of the Overseers (all circumstances of age and ability considered) and if they cannot agree with the party, than the Justices of the peace near adjoining, and in their defaults, the Sessions of peace are to determine the controversy. quest. III. Whether a Knight Gentleman, Clergyman, or Yeoman, or one that is a Sojourner, using Husbandry, Clothing, Grazing, or the like, may be enforced to take such an Apprentice? Resol. Every man who by his Calling or Profession, or manner of Living entertaineth, and must have the use of other servants of the like quality, must entertain such Apprentices, wherein discretion must be guided upon consideration of all circumstances. quest. IIII: Whether a wealthy man keeping few or no Servants, nor wanting a servant, but living privately may be enforced to take such an Apprentice; if not, then whether he may be taxed towards the putting forth of such an Apprentice? Resol. For the receiving of such Apprentices, The Answer may be referred to the Question next before, but out of doubt every such person must contribute to the charges, as to other charges for the provision for the poor. quest. V. Whether they may enforce a parishioner of one parish to take such a child apprentice that is of another parish, but within the same County or Division, if the proper parish be notable to provide for the children of the parish? Resol. The Justices may provide Masters for them in other parishes within the same Hundred; and if the Hundred be not able, then out of that Hundred in the rest of the County, as for the provision for the poor. quest. VI If such a Parishioner may be enforced to take such an Apprentice and shall refuse to take such Apprentice but also be bound to appear at the next quarter Sessions or Assize, what shall be done then? Resol. If any refuse, let such a one be bound to the next Sessions or Assizes, if he refuse to give such bond, let him be sent to the Goal, there to remain until he will give such bond. quest. VII. If such a Parishioner who refuseth to take such an Apprentice shall be bound over to the Sessions for not taking such Apprentice, and when he appeareth there shall likewise refuse, what shall be done unto him? and what shall be done to the parents of such children who refuse to suffer their Children to be put out Apprentices, themselves not being able to maintain them? Resol. If at the Sessions or Assizes such one refuseth to take such an Apprentice, and his excuse be not allowed, it is fit he be bound to the good behaviour. And as it will be a good course to indict such a refuser for a contempt, and thereupon to fine and imprison him, if he refuse to be bound to the good behaviour, let him be imprisoned till he will; and the King's book of Order directs that such be bound with good sureties at the Counsel-Board. And if the Parents of such poor children do not suffer their children to be bound Apprentices, or being bound to entice them away, themselves not being able to maintain them, let them be committed to the house of Correction. Quest. VIII. Whether it be in the power of any general quarter Sessions to mitigate any penalty upon a Statute Law, if the party indicted shall submit himself to the fine of the Court, and wave the Traverse. Resol. If the party be convicted, or confess the fault, it is not in the power of the Court to mitigate the fine, in such cases where the Statute makes it certain, but if the party indicted confess his innocency, yet quia noluit placi tare cum dom. rege, put himself up into the grace of the Court, the Court may impose a moderate fine, and order to forbear the prosecution. quest. IX. If a man be bound to appear at the Sessions, and shall tender submission to the Court, whether the Sessions may stay the indictment, and mitigate the fine as aforesaid, upon the confession of the fact. Resol. This is answered before in the next precedent Article. quest. X. If a man be convicted for being drunk, tippling, or keeping an unlicensed Alehouse; or being licenced, for suffering others to remain tippling in his house, or for swearing, or for driving of cattle upon the Sunday contrary to the Stat. in that case provided, whether the Justice of the peace (before whom he was convicted) or any other Justice of the peace may discharge him of all; or part of the forfeiture or punishment appointed by the Statute? Resol. The Justices have no such power of mitigation after conviction, where the statute appoints the measure of the punishment. quest. XI. Whether a Constable may upon a warrant for carrying one to the house of Correction, for keeping an unlicensed Alehouse, upon the second conviction break open the house where the party convicted is, to apprehend him? Resol. This question is to be advised upon; it is but in general t 〈…〉 arms, and referred to be considered in the particular where it appeareth. quest: XII. If any woman unmarried be hired from week to week, or from half a year to half a year in one parish, and there is begotten with child, and then goeth from thence to another parish where she is settled in service by the space of two or three months, and then is discovered that she is with child, the question is, whether she shall b● settled in the parish where she was bego 〈…〉 with child, or in the parish wherein she was last settled? Resol. The place where such a woman was lawfully settled is the direction in this case, not where she was begotten with child. quest. XIII. If a woman servant unmarried be gotten with child, and then goeth out of her Master's service before, or after it is discovered that she is with child, and the reputed Father be run away, or is not able to free the parish, whether the Master may be forced to provide for her till she be delivered and a month after? Resol. If the Master have legally discharged his house of such a servant, he is no more bound to provide for her than any other. quest. XIV. In case a parish consist in part of ancient Demean, and part Geldable; an Assize is made for the relief of maimed. Soldier's Goal, etc. according to the Stat. of 24. Eliz. cap. 2. Whether the Tenants in ancient Demean shall contribute with the Geldable for the payment of this Assize? Resol. The Statutes do not distinguish, between the ancient Demean and the Geldable; in these cases, ubi Lex non distinguit, nec nos dstinguemus. quest. XV. Whether an Indictment of forcible Deteinor be within the Statute of 21 jac. 5. and not to be removed by Certiora. unless the party indicted first find sureties according to that Statute: and whether the party indicted be to be bound himself, or may send sureties to be bound in his absence to prosecute according to that Statute. And whether an Indictment of forcible Entry, etc. found at a quarter Sessions, and certified unto the quarter Sessions, be to be removed by Cortiorar. without sureties according to the Statute. Resol. This is fittest to be left unto the Court of Kings-Bench, to whose commission, and jurisdiction this is most proper. quest. XVI. If one be convicted upon the Statute of 3 CAROL. R. cap. 13. for driving of Cattle upon the Sunday through several parishes, whether he shall forfeit twenty shillings to every of the said parishes, or only to one, if to one, then to which of them? Resol. This Statute gives the forfeiture but of one twenty shillings for one Sabbath day, although the driving be on that day through several parishes therefore where the action is first attached, and distress taken, that parish shall have the benefit of the forfeiture, and none other. quest. XVII. If one who is under the age of thirty years, or brought up in Husbandry, or a Maidservant brought up in any the Arts or Trades mentioned in the Statute, 5 Eliz. cap. 4. and not enabled according to that statute to live at his or her own hand, shall be warned by two Justices of the peace, to put him or herself to service, by a day prescribed by them, and shall not do the same accordingly, but shall after continue living at his or her own hand, what course shall be taken with such a person, and how punished? Resol. Such persons living out of service, and not having visible means of their own to maintain themselves without their labour, and refusing to serve as an hired servant by the year may be bound over to the next sessions or Assizes, and to be of good behaviour in the mean time, or may be sent to the house of Correction. quest. XVIII. Whether the Tax for the relief of the poor, upon the statute of 43 Eliz. shall be made by ability, or occupation of Lands, or both: and whether the visible ability in the parish where he lives, or general ability whatsoever: And whether his Rent received in the Parish where he lives shall be accounted visible, and whether he shall be taxed for them only, and not for any received from other parishes. Resol. The lands within each parish is to be taxed to the said charges in the first place equally and indifferently; but there may be an addition for the visible ability of the Parishioner, according to good discretion, wherein if there by any mistaking, the Justice etc. or the Sessions must judge between them. quest. XIX. Whether the Tax for the County stock, Goal, house of Correction, is to be made by the Statute 14 Eliz. & 43 Eliz. by ability, and upon the Inhabitants of the parish only, or upon them, or the occupiers of lands dwelling in that parish; or whether such as occupy Lands in that parish, and dwell in another parish shall be taxed? Resol. If the Statutes in particular causes give no special direction, it is good discretion to go according to the rule for taxation for the poor. quest. XX. Whether any taxes ought to be made for the charges that petty Constables and Burgholders are at for conveying of Rogues from parish to parish, and relieving of them, and how to be rated? Resol. It is fit to relieve the Constables and Tythingmen, in such sort as it hath been used in several parishes where they live. quest. XXI. Whether a Justice 〈◊〉 peace may discharge a servant being with child from her service, allowing 〈…〉 hat as a reasonable cause that she is 〈…〉 ereby made unable to do her service ●hich otherways she might have done; 〈…〉 d if he may discharge her, whether ●e parish shall provide for her till her delivery, if she cannot provide for her 〈…〉 lf, and so also if her time be expired before her delivery, who shall provide 〈◊〉 her after the time ended. Resol. If a woman being with child 〈…〉 ocure herself to be retained with a 〈…〉 aster who knoweth nothing thereof, 〈…〉 ems to be a good cause to discharge 〈…〉 r from her service: But if she be 〈…〉 ten with child during her service, it 〈…〉meth to be otherwise; but the master neither case must turn away such a 〈…〉 vaunt of his own authority, but if 〈…〉 r term be ended, or she lawfully 〈…〉 charged, the Master is not bound to 〈…〉 vide for her, but it is a misfortune 〈…〉 len upon the parish, which they must 〈…〉 re as in other cases of casual impo 〈…〉 cie. quest. XXII. Whether one being 〈…〉vered of a Bastard-child in one pa 〈◊〉, and goeth into another parish and 〈…〉 omes vagrant, and so is sent to the 〈…〉 ce of her birth, her bastard-child be 〈◊〉 under the age of seven years, shall settled with the mother, and there 〈…〉 intained, if the mother be not able to keep it, not the reputed father found; or whether it shall be sent to the place of its birth, as being settled with the mother, whether the parish where it was born shall be ordered by the two next Justices to pay a weekly sum towards the maintenance of it? Resol. The bastard child must be placed with the Mother, so long as it is within the quality or condition of a Nurse-child, and then it is fit to be sent to the place of its birth, to be provided for, the Mother or reputed Father not being able. quest. XXIII. A man with his Wife and Children takes a house in one parish for a year, and before the end of his term is put out of possession, and after takes part of an house as an Inmate in another parish, from whence he is also put out in two or three days, and then not being able to get any dwelling, they come to lie in a Barn in a third parish, where the husband falls sick, and the wife is delivered of another child, where ought these to be settled? Resol. If a man or woman having an house or habitation in one parish be thrust out of possession, this is an illegal unsettling, which the Law forbiddeth; for none must be enforced to turn Vagrants, and such a one must be returned to the place where he or she was lawful settled, and the child also that was born in the time of this distraction. quest. XXIV. Whether an Apprentice put out by the Churchwardens &c: according to the Statute, to a Master in another parish, if his Master die and leave no Executor fit to keep an Apprentice, or able to place him, shall he be provided for in the parish where he was Apprentice, or shall be sent back to that parish from whence he was put out? Resol. Servants and Apprentices are by Law settled in that parish, and if they become impotent there, the parish must bear the adventure after their term or time be lawfully en 〈…〉 ed. quest. XXV. What is accounted 〈◊〉 lawful settling in a Parish, and what 〈…〉 ot? Resol. This is too general a question to receive a perfect answer to eve 〈…〉 particular case which may happen, 〈◊〉 generally this is to be observed, 〈◊〉 the Law unsetleth none who are 〈…〉 ully settled, nor permits that to be 〈…〉 e by force or compulsion: and eve 〈◊〉 one who is settled a Native, House 〈…〉 lder, a Sojourner, an Apprentice, or Servant for a month at the least, with 〈◊〉 a just complaint made to remove 〈◊〉 or her, shall be held to be a settling. quest. XXVI. A rogue is taken at A. and will not confess the place of his birth, neither doth it appear otherwise but that he confesseth the last plece of his habitation to be at S. hereupon he is whipped and sent to S. at his coming to S. there the place of his birth is known to be at W. and thereupon the Rogue confesseth it to be so, whether he might without new vagrancy be sent to W. Resol. In this case it is fit to send such a Rogue to the place of his birth; but this is but a mistaking, and no legal settling. quest. XXVII. If an Indictment be preferred to the grand Inquest of the quarter Sessions of the peace, against one for Murder, Manslaughter, Robbely, Felony, or petty Larceny, and Ignoramus found thereupon, whether the said Sessions may deliver the party by proclamation, or not. Resol. Not by Proclamation but for Petty Larceny, and other petty Felonies in discretion the Goal may be delivered of them. quest. XXVIII. If a Constable be chosen, and refuse to take his Oath, what shall be done? And whether a Constable may make a deputy, and by what means? Resol. The refusal or neglect to take Oath in such case, is a contempt worthy of punishment, and the best way is by Indictment, and thereupon to fine and imprison him; and the making of a deputy is rather by toleration than by Law. Quest. XXIX. If a Constable die, or remove out of his place where, etc. how is his place to be supplied? Resol. By the Lord of the Leet, if that time fell near, if otherwse by the Sessions, but if that be too far off, then by the next Justices. quest. XXX. If a poor weak man be chosen Constable or Tything-man be unfit for the place, how he may be removed, and a fresh sworn in his room? Resol. The Justices must help this, and 〈…〉 f the Lord of the Leet have power to choose a Constable or Tything-man and perform it so ill, that is a just cause to seize his liberty. quest. XXXI. If a Nurse-child, a Scholar at a Grammar School, or in the University prove to be impotent by sickness, lameness, lunacy; or discovery of Felony, how such persons shall be disposed? Resol. A Nurse-child, or a Scholar at the Grammar School, or in the University are not to be esteemed as persons settled there, more than Travellers in their Inns, but their settling is where their parents were settled, or themselves were last settled. Quest. XXXII. What proportion Parsonages, or Tithes shall bear to the taxation of the poor of the Parish. Resol. The Parson having the Tenths or Tithes of the Parish, it seemeth good and equal that he shall pay the Tenth part of the rate of the poor in that respect. quest. XXXIII: Whether for placing of the poor of the parish not to be removed but by consent of the parish, these poor men may not be placed etc. Inmates for a time? Resol. They may by express words of the Stature of 43 Eliz. quest. XXXIV. It a Parishioner, or owner within a Parish, do bring into the Parish, without the consent of the parish, a stranger of another parish, which is, or apparently like to be burdensome to the parish, how they may ease themselves. Resol. By taxing such a one to the charge of the rates of the poor, not having respect to his ability, or the land he occupies, but according to the damage and dangerhe bringeth to the parish by his folly. quest. XXXV. For Warding in the day time for apprehending of Rogues, whether the Constable may not enlarge it? Resol. Warding in the day time is of great use, and must be left to the discretion of the Constables, or direction of the Justices to vary according to the occasion. quest. XXXVI. Whether Alchouses ought to be allowed in Through-fair Towns, and others in other places to be restrained only to sell to the poor out of doors. Resol. The Justices shall do very welto allow none but in places sit for their s●itua●●on and user, and to moderate the number. quest. XXXVII. A man for his quality otherwise sit to be a Constable or other officer of that nature, procures himself to be the King's Servant extraordinary, and by that would excuse himself to serve in the country. Resol. A servant extraordinary may well perform his ordinary service in the Country according to his quality. THE JUDGES OPINIONS Concerning The Commissions by which the justices sit at Newgate. viz. Goal-delivery, and Oyer and Terminer. MDCXXXIII. LONDON, Printed by T. L. for M. Walbancke MDCLV. THE justice's OPINION, Concerning the Commissions by which the JUSTICES sit at Newgate, viz Goal-delivery, & Oyer and Terminer. MDCXXXIII. Vide Stanford; anciently Felonies include all trespasses, therefore the justices of Goal-delivery have power to hold plea of trespasses against them in prison or upon bail render themselves. THe Justices of Goal-delivery there, may try all Prisoners in the Goal or by bail, or such as being Indicted will render themselves, generally for all Felonies, and also for such other offences as are particularly assigned to them by Statute. The Statute of 4 Edw. 3. cap. 2. doth give them power to receive Indictments against prisoners, and such as are upon bail, and to proceed to try the same (viz.) Indictments taken before the Justices of the peace, and by equity thereof all Indictments before Vide 1 Mar. Dier 99 justices of assizes held plea of all appeals of Felony or Murder against one in prison by their generall commission, so by the same reason to take Indictments. Coroners, 3 Mar. Bro. Commission 29. saith, that the Commission is, Ad deliber and. Gaolas de Prison. in eisdem existen. but they cannot take indictments as Justices of Goal-Delivery, but being Justices of the Peace they may take Indictments, and then try the same, or else to receive Indictments taken before Justices of the Peace, but it standeth with reason, that they may take Indictments against Prisoners, but not against them that are at large: For in as much as power to deliver the Goal is given them, consequently they must have means to do so, which is by Indictments: Ideo quaere. Howsoever it is clear, they may inquire of many offences, and take. Indictments in such cases where power by any Statute is given to the Justices of Goal-delivery to make enquiry of. When an Indictment is taken before Jusc●ces of Goal Delivery, in such cases where they have authority by Law or St. it there the title of the Indictment is, that apud Go alum deliberat. tent. before the Commissioners of Goal Delivery, I. S. was indicted, and the Record must be made up so: And whereas by virtue of the Stat. 4 Ed. 3. Indictments taken before Justices of the peace, or Coroner, or any other against prisoners, than the Entry of the Indictment is returned, Memorand. quod ad generalem Sessionem tent. Before A. B. justice. ad pacem in Com. M d. or London, I. S. was indicted and tried before Justices of Goal-Delivery, and by virtue of the said Statute Indictments taken before Justies of the Peace in London or Middlesex, and tried before Justices of Goal-Delivery. The Commission of Oyer and Terminer is, ad inquirend. & determinand. they may inquire of all the offences mentioned in the Commission, albeit the Offenders be at large: But they cannot try Prisoners upon Indictments taken before any other than themselves, as the Justices of Goal-delivery may by the aforesaid Stat. unless there be a special Commission made, as it was in the case of the Earl of Leicester mentioned in Plowdens' Commentaries: For the ordinary Commission of Oyer and Terminer is, ad inquiread. audiend. & de e●minand. therefore they cannot determine things unless they made enquiry first; and on the other side also, the Justices of Goal-delivery may try Indictments taken before Justices of the Peace; yet if one be indicted before Commissioners of Oyer and Terminer, the Justices of Goal-delivery cannot try the same, because the Records of the Commission of Oyer and Terminer, are to be returned into the Kings-Bench: 24 E. 3. 31. The Commission was, and the Records of the proceeding before the Justices of Goal-delivery are to be returned to the Custos Rotulorum of the County, when the same persons are Justices of Goal-delivery, and Oyer and Terminer, they may sit the same day and place, and inquire by the same Jury, but the Entry of the Records must be several, according as the Indictment is. At the Assizes in the Country the Justices have their several power, as Justices of Goal-delivery, Oyer and Terminer, and Justices of the Peace, but when the Records are made up, they must be according to the power they made election to proceed upon, this is the regular and legal course: But the Clerks of Assize promiscuously made Entry thereof: But if a W●●t of Error be borough, they must certify according to Law, or else it were erroneous, and so upon a Certiorar. The Sessions of peace at London may begin at Guildhall, and there adjourn to Newgate, if some Indictments be at Guildhall, than these must be so certified if otherwise at wewgate, than the Adjournment must be mentioned, and that the Indictment was then taken. Note that the trial of Indictments taken before Justices of the peace of London cannot be tried at Newgate, as in nature of a Trial before Justices of the peace of London; for many of the Commissioners for Goal-Delivery are not Justices of the peace for London: But in such case the Trial must be before the Justices of Goal-delivery, as upon Indictment taken before Justices of the peace of London, and in like case of Indictment taken before Justices of the peace in Middlesex. But if Indictments at Newgate be originally taken before Justices of Goal-delivery, than it is considerable how the Jury sworn and impanelled to inquire at the Sessions of the peace for London or Middlesex, serve to present Indictments before the Justices of Goal-delivery at Newgate, unless the custom and usage w●l warrant that the two several Juries sworn at the Sessions of the peace for London or Middlesex, and also by the same oa●● and impanelling to serve for the Grand Jury for the Com. of Gaole-delivery, and Oyer and Terminer. Upon conference with Mr. Keeling, and the Clerks for Newgate, of London and Middlesex, and the clerks of Assizes, and view of their several Entries, a more mature and certain resolution may be given; this being in haste, and without such consideration as were requisite. CORONERS of their Office, and of their Authority. And where a man shall Approve, and where not. And which shall be good Appeals for Approvers, and of the answers unto them. And where a man shall have Sanctuary, and where not. And where a man may Abjure, and where not. NOte that the Office and Authority of a Coroner is to sit, super visum corporis of them that die otherwise than by the visitation of God, and to take sufficient Record of the view: Also to Abjure them that ought to be Abjured, and for to record that And also to Record Appeals, and Accusations of Felons that approve. 22 E. 3. And unlawfully to take Pleas of the Crown, and to present them as it appeareth in the Stat. of Westm. the first cap. 10. And to take Appeal of Robbery and Felonle, 9 Hen. 6. fol. 4. & 37. quere if they may proceed in that; for the Book saith that they may record Non-suits in Appeals, and give judgement upon Outlawries. 9 H. 6. 4. 37. 5 Ed. 8. The Coroner certifieth into the Kings-Bench, that W. C. received A. B. as he was carried to be hanged, and conducted him to the Church of S. This is no good Record; for he can certify nothing but, super visum corporis, or by special Writ to him directed. A Coroner is made in the time of King Henry the eight, and the Coroner sitteth in the time of the King that now is, super visum corporis, and taketh a sufficient Indictment, and certifieth, it, that is a good Record, and the Court may proceed upon it. 4 E. 4. 44. For the Coroner is made by Writ, 4 Ed. 4. 44. and he shall endure till he be discharged by Writ: chose it is of them that be made by Commission; for by the King's death their power is then dissolved. A Coroner sitteth super visum corporis and taketh a perfect Indictment, and another Coroner of the same Shire sitteth after, and taketh another Indictment, the second Indictment is void, 5 R. 2. 10. & 7. For by the first sitting the Enquiry is perfectly determined & ended. 5 R. 2. 20. & 7. A man indicted of Felony confesseth the Felony, and approveth, and hath a Coroner assigned him, and he approveth one of Felony in another County, this is a good Appeal, 9 H. 6. 45. 29 Ed. 3. 45. But the Coroner cannot make Process to them, but he must certifice the record to the Justices of the Goal-delivery, and they shall make the Process. Approvement is as much to say as an Accusation, and it must be after judgement, and it must be made by him that is indicted of Felony, and hath confessed the Felony; and upon this the Justices may assign a Coroner to hear his Approvements, and to record them, and a certain time shall be assigned him to Approve; but it is at the discretion of the Justices if they will permit him to approve or no: And if he approve out of the time to him assigned, it is void. If a man plead not guilty to the Felony at the Issue, and after he will relinquish the Issue, and confess the Felony, he shall not be suffered to become an Approver, 21 E. 3. 10. For he hath taken a peremptory Issue, and 21 Ed. 3. 10. is found two times false; one is by committing the Felony, another is by taking of that false Plea, and therefore he shall not be trusted to approve, onthers. 25 Ed. 3. If one that is robbed bring an Appeal against one which confesseth the Felony, he shall not be suffered to approve; for an approvement is only for the profit of the King, and in this case the party shall not be so long delayed; and in an Appeal, the Defendant shall not be suffered to approve. A man is in prison for Trespass, and will confess Felony, he shall not be suffered to approve, for he is not in prison for Felonly. 21 Ed. 3. A man that is Outlawed of Felony, he shall not be suffered to approve; for this Outlawry is an attainder in Law, and a man attainted cannot approve; for he is out of the protection of the King and his Law; and this approvement is an Action, and a man out of the Law can use no Action. 11 Ed. 3. A man approveth I. S. being an Alien born, and now being in Spain, this is no good approvement; for he cannot be summoned by Process to answer: A man cannot approve another after that he himself is abjured, for none can approve but such as may have judgement to be hanged, and so cannot a man abjured. 17 Ed. 3, 4 A Clerk convict escapeth out of the Bishop's Prison, and maketh another Felony, and confesseth that Felony, he shall not approve, for he hath another judgement before, and he is out of the Law, and cannot be adjudged again. 25 Ed. 3. 19 If the Approver misrehearse the appealee, either by his name, orthe colour of his horse, he shall be hanged incontinent. 19 H. 6. 22 Edw. 3. If a man be indicted for forging of false money, if he confess that Treason he may approve others. 21 H. 5. 38 If one confess the Felony, and approve another which joineth the mice by battle, that not guilty, and when the approver cometh to the field to fight, he relinquisheth his approvemens', he shall be hanged incontinent, and the other shall go quit; for this doth countervail a vanqunishment. An Approver appealeth himself, and I. S. for that they break out of N. in which they were for Felony, this is no good approvement, for one cannot approve another of felony, but of such whereunto himself was party, and the breaking of the prison was several escapes; for one was not party unto the escape of the other. An Approver approveth another which pleadeth not guilty, the Ki● pardoneth the approver, the appeallee shall go quit, chose it is if the appealer die in Prison. An approver appealeth another, for that he did receive goods knowing they were stolen; this is no good approvement. 25, Ed. 3. 25. 25 Ed. 3. 12. 7. 10 Ed. 4. 17. 3 Ed. 3. 36 An approver approveth another of a Felony whereunto himself was not privy nor party; this is no good approvement. An approver appealeth one which appeareth, and upon that the appealer taketh his Clergy, the appeallee shall be arraigned upon the Felony for the King. 21 H. 6. 45. An approver appealeth I. S. and there is no such in rerum natura, the approver shall be hanged incontinent, The Justices of the Goal-Delivery or of Oyer and Terminer, may assign a Coroner unto him that will approve, but Justices of peace cannot. 1 jac. 25. & 28. Sanctuary taken away by the Statute Ideo, etc. In what Cases a Man have Clergy, and what not. And where the Ordinary may refuse the Clerk, and where he may challenge him. And where the Abuses of the Clergy shall be punished. And where it is Finable. And which Acts shall be judged an Escape, and which not. NOte that if a man be convicted of wilful murder, poisoning, robbing of a Church, or Robbing by the Highway, or for Burglary, where any is put in fear of their life, or for stealing of horses, mares, or geldings, these persons shall not have their Clergy, by the Statute of Anno 1 E. 6. cap. 12. Such as for the offences aforesaid, be arraigned and stand mute, or challenge peremptory above the number of twenty Jurors, or will not answer directly to the Felony, they shall not have their Clergy by the aforesaid Statute, but in all other cases they shall have their Clergy, as they might have had before the 24. day of Apr. Anno 1 H. 8. A man arraigned of Rape shall not have his Clergy, ●er. Stat. El. 18. cap. 6. 1. Ed. 6. A man that is Bigamus (that is twice married) or hath married a Widow, is arraigned of Felony for stealing of a cow, shall have his Clergy, that is given by the Statute of Anno 1 Ed. 6. A man is arraigned for robbing of a house in the night, where none was put in fear of their life, he shall have his Clergy. 22 Ed. 3. 35. A clerk convict killeth his Keeper and escapeth, and is taken again, and arraigned of Felony, he shall not have his Clergy. 22 Ed. 3 fol. 25. For frustra legis auxilium in vocat qui in legem committit. A man indicted acknowledgeth the Felony and approveth, and when the appeal appeareth, the appealee prayeth his Clergy, he shall not have his clergy. He that is arraigned of any Felony whereof he might have his clergy, if he stand mute or otherwise abuse himself, so that he should be put to his penance, yet he shall not lose the benefit of his Clergy, for he is not put from that by the Statute. 21 Ed. 3. Coron. 461. If a woman be arraigned of Felony, if she can read, she shall have her Clergy in all cases as if she were a man. A man is arraigned of felony, and prayeth his Clergy and cannot read, he shall be committed to the Ordinary, and after he hath judgement of death, and then he prayeth his Clergy, and can read, he shall be committed to the 34 H. 6. 55. Ordinary; but it seemeth that that is at the discretion of the Justices. 9 Ed. 4. 29. A man taketh a church for Felony, and will not confess the Felony to the Coroner, and is drawn out of the Sanctuary and arraigned, yet he shall have his Clergy if he can read. 22 Ed. 3. 35. A man is arraigned and prayeth his Clergy and can read, and the Ordinary will not demand him, yet he shall have his Clergy. 9 E. 4. 3. 29. 8 H. 4. A man is abjured and taken again, and yet it is demanded what he can say whereof he should not die, and he prayeth his Clergy, if he can read he shall have it. 3 H. 7. In an appeal of Goods stolen the Defendant shall have his Clergy. A man is arraigned of Felony, and attainted, and hath judgement of death and is delivered to the Goalor to be hanged, and he prayeth his Clergy, if he can read, and there be an Ordinary to allow him, he shall have his Clergy. If the Ordinary keep a Clerk convict more easily or more streighly than he ought by the Law, the King shall reform him; and if he deny a Clerk ●n make his purgation, where he may make his purgation by the Law, the King shall compel him to suffer the prisoner to make his purgation. If a Felon pray his Clergy when he may have it by Law, and the Ordinary refuse him, the Ordinary shall be amerced, and the prisoner shall be hanged. FINIS: