THE LAY-MANS LAWYER, REVIEWED & ENLARGED.  
BEING A Second part of the practise of the Law, relating to the punishment of offences committed against the public Peace.  
CONTAINING The Forms of Process, Indictments, and proceeding to Judgement, as well in all manner of Crimes deserving Death, as others, of corporal and Pecuniary punishments: Also the several Causes and Cases wherein such respective proceedings ought to be had; Collected into Heads out of the Books of Law at Large.  
ALSO A DISCOURSE OF PARDONS AND Remissions of Punishments: The Office and Duty of a gaoler, Constable, and other Assistants for preservation of the PEACE.  
By THO: FORSTER Gent.  
With an exact Table, relating to all the matters therein contained.  
LONDON, Printed for H. Twyford in Vine-Court Middle Temple, and J. Place at Furnivalls inn gate in Holborn, 1656.   

TO My much honoured Friend WILLIAM JAMES esquire.  
One of the Justices of the PEACE & QUORUM In the County of KENT.  
SIR,  
NOt to inform your judgement in any thing concerning the Subject matter of these my poor labours( your wisdom and approved knowledge therein, and all other Learning be king so general, that I can add nothing unto it) but to inform the world how much I honour you, and your virtues, and by how many Obligations I stand engaged to you, for the many signal favours you have vouchsafed me since the time you first admitted me into your familiar acquaintance; I dedicate the first fruits of my spare time unto you as an unworthy New years gift: It is true, that a great part of this Book came into the world two yeares since; but for some reasons, best known to myself, not owned by me; nevertheless it found such acceptance, that in a few terms a whole Impression went off, which so encouraged them who had( I may say) the first imperfect Copy( occasioned by my absence) that they importuned me to review it, correct it, and add something more unto it, which according to the best of my judgement I have done, and if any way profitably, then according to mine own desire: As it is, I have made bold to make Choice of you for the Patronage thereof; entreating you not to examine it as a severe Judge, but as an indulgent friend to the many infirmities and imperfections of▪  
Your humble and affectionate old Servant. THO: FORSTER.   

TO THE READER.  
Reader.  
I Have adventured to put to public view this second part of the practise of the Law, containing the forms of all manner of Warrants and Precepts sent out from Authority, to attach and apprehended all manner of offenders against the public Peace; the forms of all Mittimusses made thereupon, of all Indictments, for all sorts of Offences, from the highest to the lowest, very exact: Supersediasses, Certioraries, the proceedings in trials against all offenders for Treason, Felony &c: together with the whole Learning of Clergy, who shall have it allowed, and in what Offences, and who shall not have it: As also the Office and Duty of a jailer, never before in any of the Books of the Law, so exactly set forth; The duty of Church-wardens, so far onely as they are impowred by divers Statutes, to be assistant to the Constables, the Ordinary conservators of the Peace in this Commonwealth: In reading all which thou wilt very much better thy Judgement, if thou readest with zeal to apprehended what is( and an honest mind to perform) thy duty.  
FAREWELL:   

THE PREAMBLE TO THE READER.  
SO great a Blessing is that of Peace, and so universally necessary for the preservation of Man and human Society, that in all Ages there hath special care been taken for the making of good, and wholesome laws for the conservation thereof; and from time to time power given by all Princes and Common-Weals to establish the same, tbere being nothing under Heaven( except the inward peace of Conscience) to be compared unto, nor more to be desired then it; a thing very often in the holy Scripture both commended and commanded, and a blessing promised to the Makers & Keepers thereof: And therefore to this great Blessing the Kings of this Nation have Constituted persons of greatest Integrity, Fidelity, wisdom, and Trust, by Commissions to be Conservators therof, which we do call Justices of the Peace, as if their chief work and business were to keep and maintain the same; without which no mans life can bee comfortable unto him; nor can any man promise to himself, or hope for security without it; either to his Person or his Estate, both being exposed to the Lust and Rapine of others who have power to violate the same; whereof in these times we have had too lamentable Experience. And therefore the breach of it is specially enquireable, not onely at the Assizes, and general quarter Sessions in every County, but the Justices of the Peace in their several Limits, have by their Commissions power to call privy Sessions, as well to prevent as to remove all force which tends to the disturbance thereof; and in every Court-leet held either by Grant or prescription, the Steward hath power to inquire of all or most offences against the same; and divers other Officers and Magistrates are enabled to bind unruly men to the Peace and good Behaviour for the security of every particular mans person who fearing violence either to his person, or Estate, doth upon just cause desire it: and thereof every man that stands in fear of either, upon his address to the Justices of the Peace, or other Officers may have relief, and hath liberty either at the Assizes or quarter Sessions, to indite such Offenders as shall do, or attempt to do any thing contrary to such laws as are made for that purpose; concerning which the regular Proceedings are, as hereafter shall be declared.  
And because the proceedings for Offences against the Peace, for the most part are by Indictments, and upon such Proceedings as do in process of time terminate the matters in agitation; I have thought it most methodical to set down so many of them in the English Tongue as are likely to be made use of; beginning with the most capital Offences, as high Treason, petty Treason &c. and from thence going on to the Felonies of the highest sort; viz. murders, Rapes, sacrileges, Robbery by the high way, and other Felonies which have not the benefit of Clergy; and from them descend to Felonies of a lesser size and sort: and last of all for Trespasses and other Misdemeanours; which done, I shall observe some of the Proceedings upon those Indictments in the Crown Office, goal Delivery, and Sessions of the Peace, to the end, that the unlearned in the laws may plainly see both the matter, and form of all such Indictments and business, concerning all, or most Offences against the Peace, and may be acquainted with the manner of proceedings: which I desire to make obvious to the understanding of such as could not attain thereunto, while the Indictments and Process were in the latin Tongue, which the Country-man( for whose benefit this Work was principally undertaken) could not attain unto, and by knowing what is necessary in and to every Indictment, which are, the Person who, the time when, the place where, the thing taken, the Owner thereof, the manner how, and the intent, comprised in the word Felony; as Mr. West in the second part of his Symboleography hath well expressed; he may find what is wanting in any such Indictment as he may have occasion to see into: or whether the proceedings concerning the same have been regular; which done, we will show the way the Upper-bench proceedeth in criminal Causes, and also the proceedings upon Indictments at the Goale-delivery, and Quarter Sessions, with such other things as be incident thereunto; as the Warrants of the Justices of Peace upon several occasions, the forms of Process against Felons, or other persons Indicted, recognisances, Certioraries, Traverses, the oaths of Constables, and such other particulars as shall fall within the scope and intention of this Work, whereto, as an Appendix shall be shew'd the Duties of Churchwardens, &c.  
The Judges Itinerant have by their Commission power not only to inquire, but also to hear and determine all manner of Offences contra pacem, and may therefore inquire of, hear and determine all manner of Treasons, which the Justices of Peace cannot do.  
But for the most part, when any man is Indicted for high Treason against the person of the King, and such other Offences as are declared to be Treason, by the Statute of 25. Edw. 3. the Indictment is in the Upper-bench, and the trial by Commission under the great Seal of England, to some persons of quality, commonly of the privy council, assisted by some of the Judges of the one or the other Bench; the Kings, or Common-wealths council being ordinarily employed to give the Evidence, and manage the business.   

THE LAY-MANS LAWYER.  
THE Scope and design of the Author being to Treat of matters as concern the Peace only, he did in the former Impression collect such Forms of Indictments as concerned the breach thereof; which before he set down, he then thought, and yet doth, it would be more methodical to declare the Subject matter of those Indictments, beginning with the most capital Offences, and so to the lowest of them in ordet, showing the nature of them severally, with some Observations thereof, and Judgements thereupon. And first of High Treason.  
The several species whereof are declared by the Statute of 25. Ed 3. which being made for the good and safety of the people, was called Parliamentum benedictum, and was ratified by a Statute 1 H. 4. Ca. 10 & 1 Ed. 6. Ca. 12. & 1 Mar. Ca. 1.  
Inter leges Canuti, Treasons were reckoned among those wickednesses which by human Law were unexpiable or unpardonable.  
And although in times past, the Clergy held themselves privileged from answering in the highest criminal Causes, yet this Statute extends to all persons men and women, ecclesiastical and Civill.  
Yet if a man not compos mentis, or an Infant within the age of discretion( and therefore not a man) do commit Treason, they are not within this Act: And therefore if a man commit Treason or Felony, and confesseth the same, or otherwise be thereof convict, if afterwards he become not of sound memory, but patitur exilium mentis, he shall not be called to answer; or if after Judgement he become not of sound memory, he shall not be executed, because it cannot be an example to others, which was the intent of the Law, Co. pl. Cor▪ Ca. 1.  
Yet the ancient Law was, that if a man had offered to kill the King, it was held for Treason, as appears by King Alfreds Law before the Conquest, in Lib. 4. Beverleys Case.  
Clipping, washing, and filing of money of this Realm was not high Treason, till it was so declared by a Statute 5 Eliz. Ca. 11. and 18. Eliz viz. That if any person for wicked lucre or gain-sake, shall by any Art ways, or means whatsoever, impair, diminish, falsify, scale, or lighten the Kings coin, it is high Treason.  
And forging or counterfeiting of foreign money not currant within this Realm, is misprision of Treason, and the Offender shall forfeit as for concealment of high Treason. And the Statutes 1 Ma. & 5 & 18 Eliz before mentioned, do extend to foreign coin currant within this kingdom, and such Judgement as was at the common Law, before the Statute of 25 Ed. 3. either in case of high Treason, or petit Treason shall be given.  
The trial against an Alien that lived under the protection of the King( amity being between both Kings) for high Treason, shall by force of the Act of 1 & 2 Ph. and Ma. be tried according to the due course of common Law, and not per medietatem linguae, as he shall in case of petit Treason, murder, and Felony, if he prayeth it.  

When Babingdon▪ and other Traytors his Complices( being in all fourteen) were attainted for conspiring the death of Queen Elizabeth; This Law against Traytors was executed according to the letter thereof, upon those seven who were executed the first day, but her Majesty was graciously pleased to moderate the execution upon the other seven, so that they hanged till they were dead.  
The judgement given in case of high Treason is,  
THat the person attainted shall be drawn to the gallows at T. and there to be hanged by the neck, and cast alive upon the ground, and his bowels taken out of his body, and while he is living burned in the fire, his head cut off, his body quartered, and his head and quarters put where the King shall appoint.  
In which judgement is implyed forfeiture of all his manors, Lands, Tenements, and Hereditaments in fee-simple, and fee-tail, his wife to lose her Dower, his Children become base and ignoble, and his blood so stained and corrupted that they cannot inherit to him or any other, and forfeit all his Goods and Chattels, &c.   

Petit Treason.  
FOr a Servant to kill his Master, was petite Treason by the common Law, 12 lib. Ass. pa 30. and ●1 Ed. 3: Ca. 17. or if a Servant kill his Masters wife it is petit Treason, for he is a Servant to them both, 19 H. 6. For a woman to kill her Husband it was petit Treason by the common Law, 15. Ed. 2. Coron. 183. And the Law is, if a Servant after he is out of his Service kill his Master it is petit Treason, so that he did it of malice pmpensed during the time that he was in his service.  
If the wife procure one to kill her Husband, and he doth it accordingly, in this case the wife being absent is but accessary, and shall be hanged and not burnt, because the accessary cannot be guilty of petit Treason▪ where the principal is but guilty of murder; But if he that did the murder had been a Servant of her Husband, it has been petit Treason in them both, and the wife should have been burnt; and so is the judgement at this day.  
In time past, Voluntas reputabatur pro facto, and thereupon a mans wife who went a way with her Adulterer, compassed the death of her Husband, they assaulted him and strook him with Weapons that he fell down as dead, yet recovered, the man and woman were Indicted and Arraigned, and the special matter being found, the man was adjudged to be hanged, and the woman to be burnt, 15 Ed. 2, Tit. Cor. 383.  
And a Boy attempting to cut his Masters throat in his bed, and thinking he had done it, fled, but was apprehended; and this being specially found( though the man dyed not of the wound) the Boy was adjudged to be hanged, because in both thes cases there was an overt Act, which was more then a bare plotting or compassing.  
By the Statute of 5. Ed. 6. Ca. 11. no man is to be indicted of high Treason, or petit Treason, but by the Testimony of two witnesses; and 5 Eliz. Ca. 12, accused by sufficient Testimony.  
Nor ought any man outlawed to serve upon any Inquests, and therefore all Indictments found by any such shall be voided and null, because they be not probi & legales homines, good and lawful men, Stam. pl. Cor. fol. 87.  
If a man be indicted of high Treason he may pled a foreign Plea, as he might do at the common Law, but not in cases of petit Treason, murder, or Felony, for there it shall be tried where the Indictment is taken.  
And the Iudgment in petit Treason is, that he shall be drawn to the place of Execution, and there to be hanged by the neck till he be dead.  
But a woman is to have Iudgment to be drawn and burnt, both in case of petit Treason, and high Treason, and not to be beheaded, or hanged.  
And it is a maxim in Law, that Execution must be according to the Iudgement, though there be some examples to the contrary; as the Lord Hungerford, 32 H. 8. who notwithstanding his judgement to be hanged, was beheaded, and so was the Duke of Somerset, 5 Ed. 6. But the Lord Dacre 33 H. ●. and the Lord Stourton 3. & 4 P. & M. were hanged according to the Iudgement.  
And in case of Felony or Treason, if any person be outlawed, the judgement upon the Exigent at the set County upon the default of the party is, Therefore by the Iudgement of the Coroner he is outlawed; which Writ being duly returned by the Sheriff, the party outlawed shall have the same corporal punishment, and shall forfeit as much as if, he had appeared, and Iudgment had been given against him in case of Felony or Treason respectively▪ But if the proceeding therein be erroneous, and upon his appearance upon the Cap. ut lagatum, if it appear so to the Court they ought not to award Execution against him.   

Misprision of Treason.  
BY the common Law concealment of high Treason was Treason, 3. H. 5. in the Lord Scroops case.  
But by the Statute of 1 & 2 of Ph. and Ma. It was enacted, that concealing or keeping secret of high Treason, be deemed and taken only misprision of Treason; and the Offender therein to forfeit and suffer, as in case of misprision.  
The Iudgement in misprision of high Treason is by the common Law, that the Offender shall for his concealment forfeit all his goods, and the profits of his Lands during his life, and suffer imprisonment during his life. Stamp. pl. Cor. fol. 38. and 1. P. and 2 M. ca. 10.  
concealment, and not discovery of Treason is misprision of Treason; and concealment, and not discovery of Felony is misprision of Felony, whether the Treason or Felony be by the Statute, or common Law.  
A man that is present when another is slain, and doth not apprehended the Slayer, it is a misprision, and shall be fined and imprisoned for the same omission, 8. Ed. 2▪ Cor. 395.  
To draw a Weapon in Westminster Hall upon any Judge or Justice( though he strikes him not) sitting the Courts, is a misprision, for which he shall lose his right hand, forfeit his lands and goods, and suffer perpetual imprisonment, West. 1. ca. 33.  
Or if in the presence of the Iudges sitting in Westminster Hall, or elsewhere, or before the Iustices of Assile, or Oyer and Terminer, any strike a juror, he shall have the like punishment, inter leges Aluredi, cap. 34.  
Or if any strike in the Kings palace where he resideth, he shall lose his right hand, and be perpetually imprisoned, if he draw blood otherwise not, 33 H. cap. 12.  
By which it appears that striking in Westminster Hall, the Courts sitting, &c. hath greater punishment then for mere striking( without drawing blood) in the Kings house.  
And it is a Rule, that every Treason and Felony doth comprehend misprision of either.  
All persons convicted of Offences, for which they cannot have the benefit of their Clergy, or such as might have it and cannot red, their Iudgement is to go to the place from whence they came ( viz The Prison) and from thence to the place of Execution, and there to be hanged by the neck till they be dead.   

Of Conjuration, Witchcraft, Sorcery, and enchantment.  
A Conjurer is he, that by holy and powerful names of Almighty God invokes and conjures the devil to consult with him, or to do some Act.  
A Witch is a person that hath conference with the devil to consult with him, or to do some Act.  
An enchanter is he, or she that with Verses or Songs doth adjure the devil.  
A Sorcerer is so called, because he useth Lots in these devilish enchantments.  
The punishment of this Offence before the Conquest was burning, and since that time, these Offences being adjudged Idolatry and heretical, was also such.  
But by the Statute 1 Jacobi, it was enacted, if any person shall use, practise, or exercise any Invocation or Conjuration with any evil or wicked Spirit,  
Or shall consult, covenant with, entertain, employ, feed, or reward any evil or wicked Spirit, to, or for any intent or purpose.  
Or take up any dead man, woman, and child, out of his, or their grave, or any other place where the body resteth, or the skin, bone, or any part of a dead person, to be employed or used in any manner of Witchcraft, Sorcery, Charm, or enchantment.  
Or shall use, exercise, or practise any Witchcraft, enchantment, Charm, or Sorcery, whereby any person shall be killed, destroyed, wasted, consumed, pined, or lame in his, or their body, or any part thereof.  
That then every such Offendor, or offenders, their Aiders, Abettors, and counsellors being of any of the said Offences duly and lawfully convicted, shall suffer pains of death, as a fellow, or Felons, and shall lose the benefit of the Clergy and Sanctuary,   

Of Murder.  
Definition.  
MUrder is where a man of sound memory, and of the age of discretion, unlawfully killeth within any County of the realm, any reasonable Creature in rerum natura, under the Kings Peace, with malice forethought, either expressed by the party, or implyed by Law, so as the party wounded or hurt, &c. die of the wound or hurt, within a year and a day after the same. — Co. cap. 8.  
And under the title of killing, are understood death by poisoning, any Weapon sharp or blunt, Gun, Crosbow, Crushing, Bruising, Smothering, Suffocating, strangling, drowning, burning, burying, famishing, throwing down, inciting a dog, or bear, to bite or hurt, whereof death ensueth, or laying a sick man in the could. — ib.  
Of all which several sorts of murder, poisoning was held the most detcstable, in so much as by a Statute 22. H. 8. ca. 9. it was made high Treason, and for the same the offendor should be boiled to death in hot water. And some were executed accordingly. But the Act being held too severe, was repealed: 1 Ed. 6. ca. 12. & 1. M. ca. 1.  
Under the notion of reasonable Creature is comprehended, Man, Woman, Child, Subject born, or Alien, Christian, Jew, Heathen, Turk or infidel being under the Kings Peace.  
Malice pmpensed, is when one compasseth to kill, wound, or beat another, and doth it Sedato animo, which is so odious in Law, as though it be intended against one, it shall be extended against another; so that if one, strike one when he intended to strike another, it shall be held Felony to him. Bracton lib 3. fol. 155.  
For which the Indictment is, that he shall be hanged, and shall not have the benefit of the Clergy.   

Of Homicide, and the several kinds therof.  
FElo de se, is where a man or woman, being of sound memory, and of the age of discretion killeth himself, which being lawfully found by the Oath of twelve men, all the goods of the person so offending are forfeited, but not his Lands, for that no man can forfeit his Lands without an attainder by course of Law, which can not be, by Felo de se.   

For cutting out of Tongues, and putting out of Eyes.  
BY the Statute of 5. H. 4. cap. 5. It was enacted. If any man do cut out the tongue, or put out the eyes of any of the Kings revenges of malice pmpensed, it is Felony, which Statute was made for that before thfs Statute, when one had beaten, wounded, maimed or robbed, &c. the offenders, to the end, the party grieved might not be able to accuse them, did cut out their tongues, or put out their eyes, pretending the same to be no Felony, and therefore it was ordained and established to be Felony by this Act.   

For Burglary.  
A Burglar is by the common Law a fellow, that in the night breaketh or entereth into a Mansion house of another, with intent to kill some reasonable Creature, or to commit some other Felony within the same, whether his Felonious intent be executed or not: inter leges Edm. cap 6 fol. 26. and by the Law of the twelve Tables. — Si nocta furtum factum sit, jure Caesus est.  
But if a mansion house stand open, and a thief enter into the house with a purpose to steal, though in Law this be a breaking of the house, yet it is no Burglary, because no actual breaking of the house. But if a thief break a Glass-window, and with a Hook, draweth out some of the owners Goods, it is Burglary, and under the title of mansion House are contained all the outset buildings, barns, Stables, &c▪  
For which offences, and for breaking of a house by day, and thence taking away money or goods, to the value of five shillings, though no person be therein shall suffer death, as in case of Burglary, 39 Eliz. ca. 15.   

For burning of houses.  
BUrning is a Felony at the Common Law, committed by any that maliciously and voluntarily in the night, or day burneth the house of another. 3. H. 7.  
And this extendeth to the burning of a barn,( though no parcel of the Mansion house) if there be corn or Hay within it.   

Of Robbery.  
RObbery is a Felony by the Common Law, committed by a violent assault upon the person of another, by putting him in fear, and taking from his Person his money, or any other of his Goods of any value whatsoever, inter leges Canuti cap. 61. fol. 128.   

Of Hunting in the night in any forest, park, or Warren.  
BY the Statute of 1. H. 7. It was enacted, That if any person or persons hereafter be convict of hunting in any forest, park, or Warren with painted faces, Visors, or otherwise disguised, to the intent they should not be known, or of any unlawful hunting in the night, that then the same person or persons so convict to have like punition, as he, or they should have, if he, or they were convict of Felony.   

Felony in wandring Souldiers, and Mariners.  
BY the Statute of 39. Eliz. All idle and wandring Souldiers or Mariners, or idle persons, wandring as Souldiers or Mariners shall be reputed Felons and suffer as in case of Felony.  
And if any such wandring soldier or master, or other idle person wandring as soldier or master shall forge or counterfeit any such testimonial, as by this Act is directed, he is by this Act a fellow.  
Or if he shall have with him, or them any such testimonial forged or counterfeited, knowing the same to be such, he is also by this Act a fellow, and shall not have the benefit of Clergy, and the Justiccs of assize, Justices of goal Delivery, and Justices of Peace have power by this Act to hear and determine the said Felonies.   

Of Felony for any having a Plague sore upon him, and goeth abroad.  
BY the Statute of 1. Jac. cap. 31. It was enacted that if any person infected with the Plague commanded( by such persons as are appointed by the Act) to keep house, shall contrary to such commandement wilfully and contemptuously go abroad, and shall converse in company, having any infectious sore upon him uncured, such person shall be adjudged a fellow, but with this Proviso; That no attainder of Felony by virtue of this Act shall extend to any Corruption of blood, or forfeiture of Goods, chattels, Lands, Tenements or Hereditaments,   

Of Felony in dangerous Rogues,  
IF any dangerous Rogue that was banished the realm, or adjudged perpetually to the Gallies, have returned into the realm without lawful Licence or Warrant, it is Felony, the same to be tried where the offendor is apprehended— 39 Eliz. ca. & 1. Jac. 25.  
But the Offendor may have the benefit of his Clergy.  
If any Rogue after he hath been branded in open Sessions with a roman R. upon the left shoulder, or sent to the place of his dwelling, where he had last dwelled by the space of a year, or the place of his birth to be placed in labour, have offended again in begging or wandring contrary to the said Statutes it is Felony without Clergy.  
By the Statute of 8. Eliz no manner of person was to sand or deliver, &c. into any Ship or bottom, any Rams, Sheep, or Lambs, or any other Sheep alive to be conveyed out of this realm of England, Wales, or Ireland, upon pain, that he and all his abettors, &c. for their first offence, shall forfeit all his goods, and suffer imprisonment for one whole year without bail or Mayneprise, and at the yeares end in some Market Town in the fullness of the Market, have his left hand cut off, and all such offenders be adjudged Felons. But this Act shall not extend to corruption of blood or loss of Dower; and the offendor may have the benefit of his Clergy, in case of the cutting off his hand, as in the case of Felony, saith Sir Ed cook, for which he vouches Stamf. Pleas Crown fol. 37. 6. where I find nothing to that purpose, and must therefore take his word, that the Law is so.   

Of Felony in Servants that imbezell their Masters goods committed to their trust, above 40. s.  
EVery Servant to whom any Caskets, jewels, Money or Goods of his Master or Mistress shall be delivered to keep. That if any such servant withdraw himself from his Master or Mistress, and go away with the said Caskets, jewels, Money, &c: to the intent to steal the same contrary to trust, &c. Or else being in service of his said Master or Mistress, without their assent shall imbezill the same, or any part thereof, or otherwise convert the same to his own use, with purpose to steal it, the same being of the value of forty shillings or above, shall be adjudged Felony. 21. H. 8. ca. 1. Ed 6. ca. 12. 5. Eliz. ca. 10. but the offendor may have his Clergy.   

Of Larceny by the Common Law,  
IT is the fraudulent taking of an other mans movable Goods, with an intent to steal the same against the will of the owner. Bracton lih. 3. fol. 150. & Fleta lib. 1. ca. 36.  
Or, according to Sir Ed. cook, it is the felonious and fraudulent taking or carrying away of the mere personal estate of another, neither from the person, nor by night in the house of the owner, which a Mad man that is not compos mentis, or an Infant under the age of discretion cannot commit; nor a feme Covert, if it be done by the coercion of her Husband; otherwise she may, and her Husband may be accessary to it, but the wife cannot be accessary to her Husband, though she know the Larceny.  
There is grand Larceny, and Petit Larceny, if the Goods stolen be of above twelve pence in value, then it is Grand Larceny, if under that value then it is Petit Larceny, for which the Offender, shall forfeit all his Goods, and suffer some corporal punishment, as whipping, &c. Mirror. Cap. 4. sect. de crime de Robbery▪ and Sir Ed cook saith; it is a rule in Law, that if no Felony can be committed of any thing that is Ferum natura, and of age being reclaimed or made tame, that then no Felony can be of the young in the nest, kennel, or den.  
And yet of some things that be Ferae natura, being reclaimed, Felony may be committed, in respect of their noble and generous nature and courage; As all kind of Falcons, and other Hawks, if the party that steals them know they be reclaimed, Mirror ca. 1. sect 10. And so of Fishes in a trunk or Pond.  
And so if dear, wild-Bore, Conies, Craines wants, which serve for the food of man be made tame, the stealing of them is Larceny.   

Of maims.  
A maim is properly said to be, when any Member of a mans body is taken away, whereby he is become less able to fight or combat, as the eye, the hand, the foot or the bruising of the head, or the fore teeth. Briton fol. 48. Iustice Seton saith, That every finger of the hand shall be said to be a maim, if it be cut off, 28 Ed. 3 But the cutting off an ear, shall not be adjudged a maim, yet to knock out his Teeth is a maim, because with them he may defend himself in battle.  
And Bracton saith, that a maim may be said to be when any part of a mans Body is made unable to fight; as if the bones be broken, out of the head, or if a bone be broken, or a foot, or a hand, or a finger, or the joint of the foot, or any member be cut off, or by reason of any blow the sinews be contracted, or the fingers made crooked, or his eye pulled out, or any thing in a mans body, whereby he is made less able to defend himself. Bracton cited by Stamford Cl. Cr. ca. 41. fol. 38 6, Or to cut of the genitalls of a man. Close Rolls 13. H. 3. Camb briton. 59. 3.   

praemunire.  
IT is so called of the words in the Writ, The King to the sheriff &c. quod praemunire fac. A Bec. Nat. B. fol. 143. And was made against such as did draw the Kings subjects, to answer things, the Conusance whereof pertained to the Kings Court 2. of judgments given in the Court. And thirdly that after judgments given in the Kings Courts of Common Law of matters determinable thereby: and such as did pursue in the Court of Rome, or else where any thing which touched the King, against him, his Crown and Regality of his Realm, they, their notaries, procurators &c. shall be out of the Kings protection, 16 R: 2. ca, 5. & 27. Ed: 3   

Of Prophesies  
● ELiz. A statute was made against prophesy by writing, singing, or other open speech or dead, by the occasion of any arms, Fields, Beasts, Badges, or other like things accustomend in arms, cognisances, or Signets; or by reason of any time, year or day, to the intent thereby to make any Rebellion, Insurrection, dissension, loss of life, or disturbance within this Realm or other the Queens Dominions. For the first offence imprisonment of his body by the space of a year, without bail, and 10 li. to the Queen and the Informer; and for the second offence imprisonment during his life without bail, and to forfeit to the Queen all his Goods, and Chattels real and personal; so that he be impeached or accused within six months next ensuing the offence by him done.   

Of Approvers.  
AN Approver is a person indicted of Treason or Felony, in Prison for, the same, and not disabled to accuse, He may upon his arraignment before any Plea pleaded, and before competent Judges confess the Indictment, and take a corporal oath to reveal all Treasons and Felonies that he knows, and pray a Coroner before whom he is to enter his appeal or Accusation, against all that are partakers of his offence or of his society, in committing of Treason or Felony contained in the Indictment, those partners being within the Realm; And if upon his appeal all those partners be convicted, the King in point of Iustice is to pardon him. But it is in the discretion of the Court either to suffer him to be an Approver, or after his Approvement to respite judgement and Execution, until he hath convicted all his partners 9 H. 5. Cor. 440. 1 H. 5. Cor. 441.  
Nor any man attainted of Treason or Felony, because he is out of the Law, or if he be indicted and out of prison, 11 Ass. pl. 17.  
Nor Women, Infants, idiots, Lepers, Professors in order of Religion, or Clerk, or persons attainted of Felony, or non compos mentis— Mirror Ca. sect. 13  
And Stamford saith, nor men above the age of seventy yeers, or maimed, because some of them cannot take an Oath, and none of them can wage battle, Stam. pl. Cor. pa. 140.   

Of false Tokens and Letters in other mens names.  
ANy person that shall deceitfully obtain into his hands any money, Goods jewels, &c. of any person or persons by colour or means of any false or privy Tokens or counterfeit Letters made in other mens names, shall suffer such Correction by punishment of his body, setting upon the Pillory or other corporal pain( except the pains of death) as shall be to him adjudged by such before whom he shall be convicted, with a saving to the party grieved by such deceit; such remedy by way of Action or otherwise as he might have had by the common Law, 33. H. 8. ca. 1.   

Of Theft-boot.  
THeft-boot is when the Owner not only knows of the Felony, but taketh of the thief his Goods again, or amends for the same to favour or maintain, that is, not to prosecute him, to the intent he may escape. But in that case if he receive the thief himself, and aid and maintain him in his Felony, then he is accessary to the Felony. But if a man take his Goods again that were stolen, it is no offence, unless he favout the thief.  
So that there is a difference when a man receives the Theft, and when he receives the thief.   

Of Conspiracy.  
BY the Statute 34. Ed. 1. Conspiracy is said to be an agreement of such as confederate, or bind themselves by Oath, Covenant, ot other Alliance, that every of them shall bear and aid the other falsely and maliciously to indict, or falsely to move or maintain pleas, and such as cause children within age to appeal men of Felony whereby they are imprisoned and sore grieved, and such as maintain men in the country with Liveries and Fees to maintain their malicious enterprises, and this extendeth as well to takers as givers; also Stewards and Bailiffs of great Lords, who by their Office and Power undertake to bear and maintain quarrels or debates, that concern other parties, then such as concern the estates of their Lords, or themselves 4. Ed. 3. ca. 11  
And this Word Conspiracy in a more special signification, is a Consultation and Agreement between two or more, to appeal or indict an Innocent falsely and maliciously of Felony, whom accordingly they cause to be indicted or appealed, and afterwards the party is lawfully acquitted by the Verdict of twelve men, 22 of Ed. and Magna Charta palt. fol. 111. for which the party grieved hath two remedies. First by a Writ of Conspiracy, by which he shall recover Damages. Secondly, by Indictment, upon which Indictment if the Conspirators be convict, they shall lose the freedom of the Law, they shall not be put upon any Jury of assize, or in any other Testimony of truth, their Houses, Lands and Goods shall be seized into the Kings hands, and their Houses and Lands estrepped and wasted, their Trees rooted up and arased, and their bodies imprisoned, for that they sought by malice, falsehood, and perjury, to attaint and overthrow the Innocent, 24. Ed. 3. ca. 43.  
And such persons so convicted were not main▪ pernable, 27. lib. Assis pa, 12.   

Of Bribery.  
BRibery is a great mis-prision, when any man in judicial place takes any Fee, Pension, rob or Livery, Gift, Reward, or brokage of any person that hath to do before him; for doing his Office: but of the King only, unless it be of meat and drink, and that of small value upon divers and grievous punishments. Fortescue ca. 52. which punishment extends only to imprisonment and loss of liberty.  
But it is neither Treason nor Felony, but a misprision, for that it is accompanied with perjury.   

Of Monomachia, or single combats.  
THese Duels have been forbidden by many Laws, and if either party be killed, if it be not wilful murder being done in could blood, yet it is Manslaughter, for which the manslayer shall forfeit his life, lose his Lands and Goods: And though no death or blood ensue, yet it is a great breach of the Peace, and is to be punished by Fine and Imprisonment, and both parties to find sureties for the good behaviour; for that being an afray in terror of the Kings Subjects, it is contra pacem, and in respect of the encroachment upon the royal Authority for revenge, it is against the Crown and dignity, 10. Ed. 3. Rot. 87. and these Duels have been usually punished in the Star-Chamber.   

Against going or riding Armed.  
BY the Statute of 2 Ed. 3. ca. 3. It was enacted that no man of what condition soever( except the Kings servants in his presence, and executing the Kings Commandment in their Office) be so hardy as to come before the Kings Justices or other his Ministers doing their Office with force and arms, nor bring forth in affray to the people, nor go, nor ride armed by night or by day, upon pain to forfeit their armor to the King, and their bodies to prison at the Kings pleasure, and to make Fine and ransom to the King. See 2 Ed. 3. cap. 3.  
And by the Statute of 11. H. 7. If any by mutual assent do use entrusts or tournaments, or to play at Sword and Buckler, or any other deeds of arms, and one killeth the other, it is Felony See 11. H. 7. fol. 23.   

Of Perjury and Subornation.  
PErjury is a Crime committed when a lawful Oath is ministered by any that hath authority to any person in any judicial proceeding, who sweareth absolutely and falsely in a matter material to the issue or or cause in Question, by their own Act, or the Subornation of others. Sir Ed. Co pl. Cor. pa. 164. which offence was punishable at the common Law, either by indictment, or by information, 10. Jac. in Cam Stellat. And by this definition of Perjury it appeareth, that the Oath must be given by such as have Authority to minister it. If it must be in judicial proceeding, the Oath must be absolute and false, and material to the issue or cause in question, by the own Act of the swearer, or by subornation of other, or else it is no perjury.   

Of forging of Deeds.  
BY the Statute of 5. Eliz. made concerning forging of Deeds, Charter, or Writing sealed, Court-roll, or Will, &c. the party for the first offence was to be fined, and the second offence was Felony▪ See Eliz. cap. 14.   

Of libels, and libelers.  
A Maker or Publisher of libels committeth a public offence, for which he may be indicted at the common Law, whereof there be Presidents, 10 Ed. 3. in the Kings Bench, Rot. 92. and 18. Ed 3. Rot. 151.   

Of Riots, Routs, and unlawful Assemblies.  
IT is properly called a Riot when three or more do any unlawful Act, as to beat a man, or to hunt in his park, Chase or Warren, or to enter or take Possession of another mans Lands, or cut, or destroy his corn, Grass, or other profit.  
Rout is properly when any unlawful Act is done for their own or common quarrel. As when the Commoners break down Hedges, or Pales, or cast down Ditches, &c.  
An unlawful Assembly is when three or more assemble themselves together, to commit a Riot or Rout and do it not, Co. pol. Co. fol. 176. for any of which they may be indicted.   

Of malicious striking with any Weapon in Church, or Church-Yard.  
THe Offender being convict by the Oath of twelve men, or by his own confession, or by two lawful Witnesses before Iustices of assize, Iustices of Oyer and Terminer, or Iustices of Peace at their Sessions must lose one of his ears, and if he have no ears, to be marked in the Cheek with a hot Iron with the letter F. and ipso facto excommunicat. 5. Ed. 6. ca. 4.   

Against Fugitives, or such as go beyond the Seas without licence, and return not upon command.  
FOr any such Subject that shall depart this Realm to serve any private State or Potentate, not having before his going taken the Oath mentioned in that Act: and for any Gentleman or person of higher degree, or any person which hath born, or shall bear any Office or Place of Captain, Lieutenant, &c. before he be bound with two Sureties, as in that Act is prescribed, is adjudged Felony. But upon such attainder no forfeiture of Dower or corruption of Blood shall ensue, 3. Jac. ca. 5.   

Of brothel Houses.  
THe Keepers of any such House is punishable by Indictment at the common Law by Fine and Imprisonment, as being the cause of many mischiefs, and a common nuisance, 11. H. 6. ca. 1.   

Judgement in case of petit Larceny.  
IN and since the Reign of Ed. 3. no person lost any member for petit Larceny, but were sometimes punished by imprisonment, and sometimes by other Penance, as whipping, &c. But if the Delinquent flieth for petit Larceny, and so be sound by the Jury, he fo●feiteth his goods.   

In a praemunire at the svit of the King.  
IF the Delinquent be in prison, that the said A. be out of the protection of the King, and shall forfeit his Lands, and Tenements, Goods, and Chattels to the King, and remain in prison during the Kings pleasure, 25. Ed. 3. Ca. 22. and if he be not in prison, that he be out of the protection of the King, forfeit his Lands, &c. and be taken.   

In Theft-boot.  
THat the Offendor be fined, and imprisoned till he hath paid his fine.   

Death of a man per infortunium.  
OF this mischance there is no express judgement, but the Offendor is to sue out his pardon of course, but by the Law he shall forfeit all his Goods and Chattels, Debts and Duties, 24. H. 8. Ca. 5.   

Death of a man, Se defendendo.  
IN this case the Law hath given a judgement that he shall forfeit all his Goods and chattels, Debts and Duties, and sue out his pardon of course: And in this case the Jury ought to find the matter specially, that the Court may judge whether in Law it be Se defendendo or not, Stamf. pl. Cor. fol. 15.   

Of the death of a man who offereth to Rob, &c.  
IF it be found by Verdict( that the party Indicted or appealed for the death of A.) A. attempted to have Robbed or murdered him, in or nigh any common high way, &c. or in his Mansion or dwelling House, or for killing him which attemteth Burglary in the night. The judgement upon such a Verdict shall be, that he shall be acquitted paying his Fees, and shall forfeit nothing, 24. H. 8.   

Of seizure of Goods, &c. for Offences, &c. before Conviction.  
REgularly the Goods of any Delinquent cannot be taken and seized to the Kings use, before the same be forfeited.  
Nor can they be inventoried, not the Town charged therewith, before the Owner be convicted of Record, 25. Ed. 3. ca. 14.  
Prisoners imprisoned( saith Bracton) before they be convicted ought not to be disseised of their lands, nor of any of their goods to be despoiled, but while they be in prison ought to be maintained of their own Estate, until they shall be delivered or condemned by iudgment, because as he saith, fol. 136. before conviction he forfeits nothing. See Bract. lib. 3. fol. 123.   

An Indictment for High Treason against the person of Q. Elizabeth.  
THe Jurors for our sovereign Lady the Queen, do present, That William Allein late of, &c. And Edmond Campion late of, &c. N. M. and others a● false Traytors against the most illustrious and most excellent Princess, our sovereign Lady Elizabeth by the Grace of God of England, France, and Ireland, Defender of the Faith, &c. Their supreme and natural Lady, not having the fear of God in their hearts, nor weighing their due allegiance, but seduced by a devilish instigation, their hearty love, and true, and due obedience, which true and faithful Subjects of the said Queen, towards her, do, and of right are bound to bear, intending altogether to withdraw, blot out, and extinguish: the last day of March in the two and twentieth year of the reign of the said Queen, at Rome in Italy in the parts beyond the Seas, and the last day of april, in the two and twentieth year of the said Queen at rheims in Campania in the parts beyond the Seas, and at divers other dayes, and times afterwards, as well at Rome and rheims, as in divers other places in the parts beyond the Seas, feloniously, maliciously, and traitorously did conspire, imagine, circumvent, and compass the said Queen their sovereign Lady, not only from her regal estate, title, power, and government of her kingdom of England, wholly to deprive, cast out, and disinherit, but also to bring death and final destruction, and to raise sedition in the said kingdom of England, and a miserable and unhappy destruction between the Subjects of the said Queen through the whole Kingdom of England, and to stir up, beget, and procure and raise, and procure an Insurrection and Rebellion against the said Queen, their sovereign and natural Lady, and the Government of the said kingdom, and the true and sincere Religion of God in the same kingdom of England ratified, and piously established, and at their will and pleasure, to change and alter, and also the State of the whole Common-wealth of this kingdom of England, in all the parts therof well settled and ordained totally to subvert and destroy, and divers Strangers and Aliens, not being Subjects of the said Queen in hostile manner to invade this kingdom, and to raise, levy and raise, and stir up war in this kingdom against the said Queen. And to compass and bring about those most wicked and traitorous maginations, compassings, intentions and purposes of Treasons, the said William Allein and Edmond Campion, &c. the last day of March, in the foresaid two and twentieth year of the reign of the said Queen Elizabeth, as well at rheims aforesaid, as also at divers other places and parts beyond the Seas, among themselves feloniously and traitorously consulted, treated, or at least had speech, by what ways or means they might bring to pass the death and final destruction of our said sovereign Lady the Queen, and their natural Lady, and how they might raise and make sedition in the said Kingdom of England; and to that intent and purpose the foresaid W. A. and Ed. C. &c. afterwards, that is to say, the twentieth day of May in the two and twentieth year of the reign of the said Queen Elizabeth aforesaid; And at divers other dayes and times after and before, as well at Rome aforesaid; as also in divers other places and parts beyond the Seas, as well by their persuasions as by their letters, did move, excite, and encourage divers strangers, not being Subjects of the said Queen, but her enemies, in hostile manner the kingdom of England to invade, and most sharp war within the said kingdom, against the said Queen to levy and make. And further, that the said W. A. and Edmond Campion, &c. the aforesaid twentieth day of May, in the two and twentieth year aforesaid at Rome aforesaid; and the last day of the same month of May, in the two and twentieth year at rheims aforesaid; and at divers other dayes, and times before, and after as well at Rome and rheims as in divers other places in the parts beyond the Seas, did traitorously agree, that the said Ed. C. and N. M. should speedily hasten into England to move and persuade such subjects of the said Queen of this kingdom of England, as they could procure, traitorously to aid such Strangers and Aliens as they could bring and procure to make, move, and levy war and Rebellion in the same kingdom of England, against the said Queen their sovereign and natural Lady; And the sincere Religion of God in the same kingdom, well and plously established, at their will, traitorously to change and alter. And that the said E. C. N. M. and others afterwards, that is to say, the first day of inn, in the said two and twentieth year of the said Queen, by traitorous procurement, encouragement and means aforesaid W. A. at rheims aforesaid, did traitorously take their Journey from rheims aforesaid towards this kingdom of England traitorously to fulfil and bring to pass their Treason aforesaid, Contrary to their due Allegiance, contrary to the Peace of the said Queen, her Ctown and dignity, and in manifest contempt of the laws of this realm, and contrary to the form of divers Statutes in that Case made, and provided.   

Against One for uttering words to move Rebellion.  
mid. ss.  
THe Jurors, &c. do present that A. B. late of C. in the County aforesaid tailor, intending and imagining to move sedition, discord, dissension, and Rebellion within the kingdom of England, the tenth day of May in the year of our Lord God 1600. At action in the County aforesaid, contrary to his due allegiance and fidelity maliciously, and of his own imagination, did speak and utter these sediti-and scandalous sayings and words, viz. This Religion would not stand past two, or three years, And that there would for every English man be two Spaniards to come into England, contrary to the form of the Statute in that case made, and provided, and against the Peace, &c.  
Termino Pasche 13. Jacobi, John own, alias Collins was indicted in the Kings Bench for speaking these words against the King. If the King be excommunicate by the Pope it is lawful for every man to kill him, and it is no murder; for as it is lawful to put to death a man that is condemned by a temporal Judge, so is it lawful to kill the King if he be excommunicated by the Pope, for that is the execution of the Law, and this of the Popes supreme sentence, the Pope being the greater includes the King being the lesser. The exception taken by own, was, that he did not speak of the King of England; but that appearing to be a very weak evasion, and the words being proved by the Mayor of Sandwich and others of good credit, he was found guilty, and had judgement of Treason against him: and Sir Ed. cook vouchsafe two or three Cases, one of the Duke of Buckingham 13 H. 8. who said, If the King should arrest him of high Treason, he would stab him with his Dagger, and it was adjudged a present Treason; And the Lord Stanley temp. Hen. 7. who seeing a young man, said, If he knew him to be one of King Edwards sons he would aid him against the King; for which words( though nothing wans acted) they were both be headed. And a woman in H. 8. time, said If the King would not take again his wife Queen Katherine, he should not live a year, but die like a dog, and it was adjudged Treason.   

For counterfeiting Gold.  
mid.  
THE Jurors, &c. do present that W. O. late of K. in the County aforesaid Yeoman,— such a day and year, &c. having not God before his eyes, but being lead by the Instigation of the devil, and intending craftily, falsely, deceitfully, and traitorously to defraud and deceive the Keepers of the Liberty of England, authorized by Act of Parliament, and the people of this Nation, of his own proper wrong, without any authority, or grant of the said Keepers to him given; forty pecces of false money, to the fashion and likeness of pieces of good and lawful money of England, called Angels, at H. in the County aforesaid, of Copper, and false and mixed metals, falsely, feloniously, and traitorously, did make, counterfeit, coin, and gilled over, contrary to the Statute in that case made and provided, and contrary to the Peace, &c.   

For uttering false pieces of Gold.  
mid.  
THE Jurors, &c. do present that W. O. late of M. in the County aforesaid, Goldsmith,— such a day and year, &c. not having God before his eyes, but seduced by the Instigation of the devil, intending falsely and deceitfully to deceive and defraud the Keepers of the Liberty of England, &c. and the people of this Nation, twenty pieces of false money of Gold, of Copper, and false and mixed Metals, falsely and traitorously did make, counterfeit, coin, and gilled over to the likeness of pieces of good and lawful money of England, called Crowns, without warrant or licence from the said Keepers; and knowing the same pieces falsely and traitorously as aforesaid to be made, counterfeited, coined, and gilded, to divers of the people of this Nation of England, falsely, deceitfully, and traitorously, did deliver, expose, and utter, contrary to the Peace, &c.  
mid. The Jurors, &c. do present that I. N. late of T. in the County aforesaid Tincker, such a day and year, &c. not having the fear of God before his eyes, but being lead by the Instigation of the devil, intending falsely, craftily, deceitfully, and traitorously to deceive and defraud the Keepers of the Liberty of England, &c. and all the people of the Common wealth of England, at M. in the County aforesaid, ten pieces of false money, of false and mixed metals, to the likeness of the coin and Money of another kingdom, called collars, not being the proper coin of this kingdom of England, nor the same to be currant within the Common-wealth of England, falsely and traitorously did counterfeit, make, and coin, contrary to the form of the Statute in that case made and provided, &c. and that I. S. late of E. in the County aforesaid tailor, before the Treason aforesaid, in manner aforesaid committed; viz. Such a day and year, &c. did procure, counsel, aid, and abet the said I. N. the Treason aforesaid, in manner and form aforesaid to do and commit, contrary to the form of the Statute in that Case made and provided, and against the Peace, &c.  
A man was indicted for counterfeiting money proditory, and another was indicted as Accessary to him serius cum, proditionem predictum perpetrasse felonice hospitatus est, and the Indictment was not held good, because he that was indicted as Accessary was not indicted of Treason, for there wanted the word proditory.   

For receiving a Seminary Priest.  
Surr. ss.  
THe Jurors, &c. do present, that whereas H. L. late of Ch. in the County of Surrry Clerk, otherwise called F. S. late of Ch. aforesaid, in the County aforesaid Clerk, otherwise called F. P. late of Ch. aforesaid, in the County aforesaid Clerk, was born within this kingdom of England; and after the Feast of Saint John Baptist, in the first year of the Reign of Elizabeth late Queen of England, and the eighteen day of August, in the year of our Lord God 1550. was made and ordained a Seminary Priest by Authority derived and pretended from the See of Rome, as a false traitor to the Keepers of the Liberty of England, by authority of Parliament, was, and remained within this Common-wealth of England, that is to say at Ch. in the said County of Surry, contrary to the laws and Statutes of the kingdom of England. Nevertheless one B. F. late of Ch. aforesaid in the County aforesaid Gentleman, the laws and Statutes of the said kingdom not regarding, nor the penalty therein contained at all fearing, knowing the said H. to be a Seminary Priest, by authority derived and pretended from the See of Rome, the said eighteen day of Aug. in the year of our Lord God 1560. aforesaid, at Ch aforesaid in the County aforesaid, knowingly, wilfully and feloniously did receive, comfort, and harbour contrary to the form of the Statute. &c. and against the Peace, &c.   

For Saying and Hearing of Mass.  
Heref.  
THE Jurors, &c. do present, that A. B. late of C. in the County of H. aforesaid Clerk, the eighth day of April in the year, &c. at C. aforesaid in the County aforesaid, did voluntarily say and celebrate Mass, contrary to the form of a Statute in Parliament, of Elizabeth late Queen of England, holden at Westminster in the County of Middlesex, in the three and twentieth year of her Reign, in that case made and provided, against the Peace, &c. And that E. F. late of G. in the County of H. aforesaid Yeoman, the said eighth day of A. was present at the time of the Celebration of the said Mass, And the same Mass so as aforesaid, then and there did voluntarily hear, against the form of the Statute aforesaid, and against the Peace, &c.   

For coining of Money.  
THe Jurors, &c. do present, that A. B. late of C. in the County aforesaid Smith, not having God before his eyes, but lead by the Instigation of the devil, as a traitor of the Keepers of the Liberties of England, &c. the 〈…〉 day of &c. in the year, &c. twenty pieces of money of false and mixed Mettall, like unto the coin of this Common-wealth of England, called Queen Elizabeths shillings, at C. aforesaid in the County aforesaid, falsely, feloniously, and traitorously did counterfeit, make, and coin, against the Peace, and contrary to the Statute, &c.   

Against a jesuit, and One that received him.  
THe Jurors, &c. do present, that A. B. late of C. in the County of S. born at L. in the County of S. aforesaid, within one year last past is become a professed jesuit, by authority from the See of Rome, traitorously at C. aforesaid in the County aforesaid, the 〈…〉 day of 〈…〉 in the year, &c. did come from the parts beyond the Seas, and the said 〈…〉 day of 〈…〉 in the year aforesaid, and at divers other dayes then next following, at C. aforesaid, in the County aforesaid traitorously did make his abode, against the form of the Statute of Eliz. late Queen of England, in a Parliament at Westminster, in the seven and twentieth year of her Reign, and contrary to the Peace, &c. and that W. B. of C. aforesaid in the County aforesaid, Merchant, knowingly, wilfully, and feloniously afterwards, that is to say, the said 〈…〉 day of 〈…〉 in the year aforesaid, at C. aforesaid in the County aforesaid, did receive and comfort the said A. B. being then at large and out of Prison, and then and there knowing the said A. B. to be a jesuit, against the form of the Statute, &c.  
Since the Statute of 25. Ed. 3. in which there was a Declaration what should be adjudged Treason, there have been several Statutes made either as additions or expositions of that Statute, 21. Ri. 2. 2. H. 5. 3 H. 6. 8. H. 6. 4. H. 7. 26. 27. 28. 32. 33. 35. H. 8. 1. Ed. 6. all which were repealed by an Act. 1. Mar.  
Since which repeal divers offences have been made or declared Treason, whereof some were additions to, or expositions of the former Statute of 25. Ed. 3. 1. Mar. 1. & 2. Ph. & Mar. 5. 11. and 18. Eliz. in whose time, viz 5. 13. 23. & 27. of her Reign, and 3 Jacobi divers other offences have been made Treason, which Statutes being too long to recite, I refer the Readers to the Originals, and come to Misprision of Treasons under which notion are,  
1. To draw a Sword, or strike a Justice sitting in place of Judgement.  
2. To strike a Juror in presence of the Justices sitting in place of judgement.  
3. To strike another in Westminster Hall sitting any of the Kings Courts there, in which three, Cases the Offendor shall have judgement, as in Misprision of Treason, and besides shall have his right hand cut off. Stamp. pl. Cor fol. 38.   

What is Misprision.  
MIsprision is properly when one knoweth that another hath committed Treason or Felony whereto he was not consenting, but yet doth not discover the Offendor to the King nor his counsel, or to some Magistrate, but doth conceal the same, Stamf. pl. Cor. fol. 37.  
For which Misprision, if it be of Treason, the Offendor shall forfeit to the King all his goods, and chattels for ever; and the profits of his Lands during his life, and shall be imprisoned during his life, but for Felony he shall only be fined.  
And it is to be noted, that in high Treason, Misprision of Treason, and praemunire, That Justices of Peace, neither by their Commission or any Statute cannot meddle with them in the very point of their Offences but only by way of enquiry: Yet for that all Treasons and other Offences that are against the Peace, they may upon complaint made to a Justice of Peace, or other knowledge which he shall have of any such offenders, he may cause offenders to be apprehended, and he, and some other Iustices joining with him, may take their examination, and the information upon Oath of such as bring them, or of any others that can prove any thing material against them, and put the same in Writing( under the hands of the Informers) and then commit the offenders to the goal, and to bind by recognisance all such as do declare any thing material, to appear and give Evidence against such offenders before the Lords of the Privy council, or elsewhere, and after being thereunto required to certify their proceedings unto some of the Lords of the Privy council,   

For the Rape of a Maid, upon the Statute of 13. Edw. 1.  
THE jurors, &c. do present, that whereas in the Statute in Parliament, of Edw. the first, sometime King of England, holden at Westminster, in the 13, year of his Reign made, It was among other things provided and enacted, that if any man should ravish a Wife, maid, or any other woman which doth not consent either before, or after, shall have Iudgement of life, and member, as in the Statute is more at large contained. Nevertheless, one A. B. late of C. in the County of H. aforesaid, Yeoman, the Statute aforesaid not regarding, nor the pain therein contained fearing, the 〈…〉 day of 〈…〉 in the year 〈…〉 &c. C. O. the Daughter of I. O. at C. aforesaid in the County aforesaid, against her will Feloniously did Ravish, against the Peace, &c. and contrary to the form of the Statute, &c.   

For the Rape of a Child under the age of ten years, upon the Statute of 18. Eliz.  
THE jurors, &c. do present, that A. B. of C. in the County of D. aforesaid tailor, the 〈…〉 day of 〈…〉 in the year of, &c. at C. aforesaid in the County aforesaid( in the dwelling house of G. H. Inholder) with force and arms in and upon M. N. of C. aforesaid, a Maiden-child, under the age of ten years then being, Feloniously and Carnally did know, and the said M. N. did wickedly abuse against the Peace, and against the form of a Statute in Parliament, of Eliz. late Queen of England, held at Westminster in the County of Middlesex, in the eighteen year of her Reign, in such case made and provided.   

For the Rape of a Maid of sixteen years upon the Statute of 13. Edw. 1.  
mid. ss.  
THE jurors, &c, do present, That A. B. late of C. in the County of Middlesex aforesaid Vintner, the 〈…〉 day of 〈…〉 in the year, &c. At C. aforesaid, in the County aforesaid, in a certain place called, &c. with force and arms, in and upon I. C. of G. in the County aforesaid, a maid of the age of sixteen years, then and there in the peace of God, &c. being; did make an assault, and against the will of the said I. C. feloniously her did Ravish, and Carnally know, against the Peace, and contrary to the form of the Statute in Parliament of Ed. the first, heretofore King of England, held at Westminster, in the County of Middlesex, in the thirteenth year of his Reign in that case made and provided.  
Term. Mich. 4. Caroli. Upon examination of the validity of a Bill in the Star-Chamber between tailor and Towlin for a Conspiracy to indite the Plaintiff of a Rape; the Plaintiff alleged in his Bill, that an Indictment was preferred by the Defendant against the Plaintiff before the Justices of assize, & nisi prius, in the County of Suffolk, and did not lay it in his Bill that the Indictment was preferred before the Justices of Oyer and Terminer, and Goale-Delivery, and the Exception was by the Court holden good, for that the Justices of Nisi prius have not power to take Indictments; and in this case Richardson said, that in Conspiracy the matter must be laid Falso & malitiose, and if it be laid for a Rape, it must be laid, that there was Recens prosecutio of it, otherwise it will argue a consent, and therefore because the Defendant did not prefer an Indictment in convenient time, after the Rape supposed to be done, but concealed the same half a years time, and then would have preferred a Bill of Indictment against the Plaintiff, he held that the Indictment was false and malicious. And hid chief Justice said that upon probable grounds, a man might accuse another before any Iustice of the Peace of an offence, and though the accusation be false, yet the accuser shall not be punished, but where the accusation is false, and malicious, it is otherwise.  
Out of which Premises I Observe,  
1. That the Iustices of Nisi prius( eo nomine) have no power to take Indictments.  
2. That in Conspiracy the matter must be laid( and proved to be) falso & malitiose. and not falso only.  
3. That if it be laid for a Rape, it must be laid, that there was fresh prosecution, otherwise it will argue consent.  
4. Because the prosecution was not till half a year after the Rape supposed to be done, the Indictment was held to be false and malicious.  
Upon an Indictment of Rape, because the King is held a party, the sheriff shall enter a Liberty to serve the Writ, and shall not be sent to the bailiff, and for the naughty Return of the bailiff, sheriff shall be amerced, because he made not the panel, for there is no Liberty against the King. 38. lib. Assis. p. 19.   

Petty Treason, against a woman poisoning her Husband, and the accessary.  
THE jurors, &c. do present; That E. B. late of M. in the County of Lanc. Spinster, now the wife of I. B. Gent. and late the wife of R. A. Esquire now deceased, not fearing God, nor having him before her eyes, not considering the due obedience to the aforesaid R. A. her Husband, but lead and seduced by the instigation of the Devil, the fift day of June, in the year of our L. God 1650 of M. aforesaid in the County aforesaid, with force and arms, of her malice pmpensed, a certain feigned conserve, commonly called a conserve of Prunes with mortal poison called Rats-bane, feloniously and traitorously did mingle and poison, knowing the poison aforesaid to be poison, and the same feigned conserve of Prunes so mixed, corrupt and poisoned, then and there feloniously and traitorously did give to the said R. A. then her Husband, which R. A. not fearing or distrusting the mixture, corruption or poison aforesaid, the same feigned Conserve with the poison aforesaid by the said E. so poisoned by the procurement and instigation of the said E. then and there did taste, ear, and swallow down, of which said Conserve of Prunes, so with the said poison as aforesaid mingled poisoned and received, the aforesaid R A. did most grievously languish from the aforesaid fift day of June, aforesaid until the sixteenth day of the same month of June, upon which sixteenth day of June, the year aforesaid the said R. A. so mortally poisoned with the poison aforesaid dyed; and the aforesaid E. the aforesaid R. B. her late Husband, falsely, traitorously, and feloniously of her malice fore-thought, with the poison aforesaid did kill, poison, and murder, contrary to the form of the Statute, &c. And that I. B. late of M. in the County aforesaid Gentleman, before the aforesaid Felony and murder, in form aforesaid committed; that is to say, such a day and year, &c. at M. aforesaid, the said E. to the aforesaid Treason, Felony, and murder, in manner and form aforesaid done, and committed, feloniously and traitorously, and of his malice fore-thought, did procure, abet, and council, contrary to the form of the Statute, &c. And that the said I. B. knowing the aforesaid E. the Treason, Felony, and murder aforesaid so committed, such a day and year, &c. at M. aforesaid, &c. the same E. feloniously, and traitorously, did receive, comfort, diet, lodge, and support, contrary to the form of the Statute in that case made and provided, and according to the Peace, &c.   

Against a Servant for killing his Master.  
THe jurors, &c. do present, that C. D. late of E. in the County of G. Labourer, late Servant of H. I. of E. aforesaid, in the County aforesaid Yeoman on such a day and year, &c. at E. aforesaid, with forc●e and arms; viz. With one Sword and Dagger drawn, of the value of ten shillings, which the said C. D. then and there in his hands held upon the said H. I. then his Master, in the peace of God, and the Keepers of the Liberty of England, &c. being wilfully, and of his malice fore-thought, did make an assault, and the same H. I. then his Master, then, and there with the said Sword, feloniously and traitorously upon his head with great force did strike, so that with the said blow the head of the said H. I. then his Master, then and there in two parts did cut, giving him a mortal blow, of which the body of the said H. I. immediately there fell on the earth, and the said H. I. instantly there of the said blow dyed; and so the foresaid C. D. at E. aforesaid, of his malice fore-thought the said H. I. his Master, in manner and form aforesaid wilfully, wickedly, feloniously, and traitorously did slay, and that one L. N. late, &c. before the Treason aforesaid by the said C. D. as aforesaid wilfully done and committed; viz. Such a day and year, at, &c. the same C. D. to the Treason aforesaid in form aforesaid to be done and committed, feloniously did counsel, excite, and procure, contrary to the Peace, &c.   

Indictment of a man poisoning his Wife.  
Staff. ss.  
THe Jurors, &c. do present, that A. B. late of C. in the County of Stafford aforesaid Tanner, not having God before his eyes, but being seduced by the Instigation of the devil, the tenth day of A in the year, &c. at C. aforesaid, in the County aforesaid, with force and arms, of his malice fore-thought, A certain drink called an Ale berry with deadly poison called Rats-bane and arsenic, knowing the sald poison callcd Rats-hane and arsenic to be poison, feloniously did mingle and poison, and the same drink called an Ale-berry, so with poison mixed, then, and there wilfully and feloniously did give unto E. B. then his Wife to eat, and swallow, which the said E. not distrusting, or fearing the mixture, corruption, and poisoning aforesaid, the same Drink with the poison aforesaid mixed, corrupt, and poisoned by the procurement and instigation of the said A. B. did take, drink, and swallow, of which drink so mingled, poisoned, and corrupted, by the working of the said deadly poison, the said E. B. at C. aforesaid, did grievously languish, from the said tenth day of A. until the fourteenth day of the same month, upon which fourteenth day of A. the said E. so mortally poisoned by the said A. her Husband at C. aforesaid, in the County aforesaid, of the drink aforesaid so mixed with poison as aforesaid, dyed, and so the aforesaid A. B. the aforesaid E. B. his Wife falsely, wilfully, and feloniously, of the malice of the said A. B. fore-thought, did kill, poison and murder, against the Peace, and contrary to the form of the Statute.   

For a murder and Procurement in the high-way.  
Essex. ss.  
THe Jurors &c. do present, that A. B. late of C. in the County of D. Labourer, the tenth day of O. in the year of &c. between the houres of six and seven of the Clock in the afternoon, of the same day, not having God before his eyes, but seduced by the Instigation of the devil, of his malice fore-thought, with force and arms, &c. in and upon R. P. in the Kings high-way, at P. in the Parish of S. in the County of E. then and there, in the Peace of God, &c. being, did make an assault, and with one staff of the value of two pence, which the said A. B. held in both his hands, the said R. P. upon the right part of his head, then and there feloniously did strike, giving to the said Richard th●n and there, with the aforesaid staff, one mortal blow, in length two inches, and in depth half an inch, of which mortal blow the said R. P. at E. in the Parish of S. aforesaid, in the County of E. aforesaid, from the said tenth day of O. in the year aforesaid, until the second day of February then next following, did languish, upon which second day of Feb. in the year aforesaid, the said R. P. of the said mortal wound died. And so the Jurors aforesaid, upon their oaths, do say, that the said A. B: thc said R. P. within the Parish of S. aforesaid, in the County of E. aforesaid, the said first day of Febr. in the year aforesaid, of his malice forethought in manner and form aforesaid feloniously did kill and murder against, the Peace &c. And that Kath P. wife of the said R. late of L aforesaid in the County aforesaid Spinster, before the felony and murder by the said A. B. in manner and form aforesaid committed, that is to say the ninth day of O. in the year aforesaid the same A. B. at L. aforesaid in the County aforesaid, unto the felony and murder aforesaid, in manner aforesaid, to be done and committed feloniously did excite, abet, and procure, against the peace, &c.   

For the murder of a Bastard child by the Mother and Midwife, and Accessaries before and after.  
Norff.  
THe Jurors, &c. do present, That A. B. late of &c. Widow, being great with Child with a certain living Infant, the twentieth day of May, in the the year of our Lord God 1650. At P. in the County foresaid, by the providence of God brought forth a Female Child alive. And afterwards, one C. D. late of P. aforesaid, &c. At P. with force and arms of her malice fore-thought, the said twentieth day of May, in the year aforesaid about eleven of the Clock in the forenoon of the same day, by the council, command, and procurement of the said A. B. and in the presence of her the said A▪ B▪ upon the said living Female Child did make an assault, and with a Knife of the value of one penny which the said C. in her right hand then held, the rhtoat of the said Female Child, then, and there did cut, giving to the said Female Child a certain mortal wound in her said throat, of which mortal wound the said Female Child at P. afosesaid in the County aforesaid, then, and there instantly died. And that the aforesaid A. B. then, and there feloniously was present comforting and aiding, to the killing of the said Female Child in manner aforesaid. And so the said A. B. and C. D▪ the foresaid Female Child of their malice forethought feloniously and wilfully did kill and murder, contrary to the peace, &c. And the said Jurors do further present that E▪ F: late of &c. the sixteenth day of May, and at divers other dayes and times before the said Felony and Murder, in form aforesaid committed at P. aforesaid, in the County aforesaid, maliciously and feloniously did council, command, procure, and abet the said A. B. the said wilful murder to commit, and the said Female Child, to kill and murder against the peace. &c. And further that G. H. and I. K. of P. aforesaid Spinsters, after the felony and murder in form aforesaid done, her the said A. B. at P. aforesaid in the County aforesaid— Such a day and year, &c. feloniously did receive against the peace, &c.   

For murder of a Woman by Crushing and beating her with Fists.  
Devon. ss.  
THe jurors, &c. do present that such a day and year, about ten of the clock in the forenoon of the same day, one A. B. of &c. in the said County Labourer, and one C. D. of &c. in the said County Labourer, by the special command and direction of E. F. of &c. of their malice forethought, not having God before their eyes, but lead by the instigation of the devil, with force and arms, that is to say▪ with Staves, &c. and other weapons, as well invasive, as defensive, by the special command of the aforesaid E. T. in and upon one G. H. being then great with Child, at L. in the said County, did make an assault, and that the G. did then and there beat, wound, and evil entreat, and also the said A. B. by the command of the said E. F. the said G. then, and there upon the ground did cast, and with his knees upon the ground aforesaid, did crush the body of the said G. and the aforesaid G. then, and there, by the hair of her head did draw, and the head and face of the said G. with his Fists did beat and wound, and the said G. by the neck did strangle, and evil entreat, of which assault wounds, stroke, evil entreating, and other enormities aforesaid, the said 〈…〉 day of 〈…〉 aforesaid, about the hour of two a clock in the afternoon of the same day, at L. aforesaid, died. And that the foresaid C. D. by the Command of the foresaid E F. the said 〈…〉 day of 〈…〉 in the year aforesaid, at L. aforesaid, upon the said G. did make an assault: and her with a Staff price &c. which he then, and there held up, did beate, of which assault beating, and evil entreating the said G. had died, if she had not died by the wounds, blows, evil entreating, and other enormities, to her by the said A. B. there given; And so the said A. and C. by the command of the said E. F. in manner and form aforesaid feloniously, and of their malice forethought, did kill, and murder against the Peace.   

Against a woman for murdering of her Child.  
Derby ss.  
THe Jurors &c do present, that A. B. late of C. in the County aforesaid Spinster, being with child of a certain live Infant,( such a day and year) about 12. of the clock in the afternoon, viz in the night of the same day at C. aforesaid, in the County aforesaid by the Providence of God, a certain male child, born alive in a certain house, secretly, and without the company of any other woman, did bear and bring forth: That the foresaid A. B. late of C. aforesaid of malice of the said A. forethought, the said Male child so born alive, and in a natural being, then, and there, that is to say, immediately after the brirth of the said Male child, feloniously did choke and strangle; by reason of which choking and strangling the aforesaid Male child, then, and there instantly died, and so the aforesaid A. B. the Male child aforesaid in manner and form aforesaid, feloniously, and of the malice forethought of the said A. B. did kill and murder against the Peace.   

For a murder by two, and an Accessary before the Fact.  
not. ss.  
THe jurors, &c. do present, That A. B. late of &c. and C. D. late of &c. such a day and year at, &c: with force and arms of their malice pmpensed, in and upon one E. F. then and there in the peace of God, and our sovereign Lord the King being, did make an assault, And the aforesaid A. B. with a certain drawn Sword, of the value of five shillings, which the said A. B. in his right hand, then, and there had and held, the said E. F. upon the fore-part of his head wilfully and feloniously did then and there strike, and with that stroke did give unto the said E. F. one mortal wound, in length three Inches, and in depth five Inches and a half, of which mortal wound the said E. F: then and there instantly, and immediately died. And further, that the said C. D. with a certain Staff, to the value of one halfpenny, which in his hands he then and there held: the same E. F. then and there wilfully and feloniously did strike upon his head, giving to the said E. F. another mortal wound in his said head, in length three Inches, and in depth two Inches, of which said last blow the said E. F. had died, if he had not died of that first stroke which the said A. B. first gave. And so the jurors aforesaid say, that the aforesaid A. B. and C. D. the said first day of September in the year aforesaid at N. in manner and form aforesaid, of their malice forethought, the said E. F. wilfully and feloniously did kill and murder, contrary to the peace, &c. And that J. H. late of &c. before the Felony and murder aforesaid by the said A. B. and C. D. in form aforesaid, committed and perpetrated, viz such a day and year, &c. at &c. the aforesaid A. B. and C. D. to the Felony and Murder aforesaid, in manner and form aforesaid to be done, and perpetrated, did council, incite, abet and procure against the peace, &c.  
brown, Bromley, and Portman, Iustices, held, that if a Son or Daughter in Law, shall kill his, or her Father in Law, or Mother in Law, who give them meat, drink and clothing, and the Son or Daughter do them necessary service, if they be indicted thereof by the name of servant, and proditory being in their service, this is Petit Treason, though they take no wages of them Kelw. Rep. fol. 204.   

For killing a man by Witchcraft.  
Suff. ss.  
THE jurors, &c. present, That A. B. late of C. in the County aforesaid Spinster at G. in the County aforesaid, certain detestable Arts called Witchcraft and Sorcery, wickedly▪ and feloniously, did practise, and exercise in and upon one C. D. of &c. by which Art the said C. D. the twentieth day of Aug. in the year of our Lord aforesaid, most dangerously and mortally fell sick and languished, and the four and twentieth day of August in the year aforesaid, the said C. D. by the Arts aforesaid at G. aforesaid in the County aforesaid died. And so the jurors present, that the said A. B. the said C. D. at G. aforesaid, in manner and form aforesaid of her malice forethought, wilfully, divellishly, wickedly and feloniously by the Arts aforesaid, did kill and slay, contrary to a Statute in Parliament held at Westminster in the County of Middl. in the first of the Reign of &c.  
And because there is some alliance and relation between Witchcraft and Conjuration, it is not amiss to set down the Definition of of the one, and the other, as you may find it in the Exposition of the Terms of the Law,  
Conjuration is a compact or plot made by men combining themselves together by Oath or Promise, to do any public harm;( in which sense Tully calls the evil and seditious practices of catiline, Conjuratio Catalinae, but it is more commonly used for such as have personal conference with the devil, or evil Spirits to know any Secret, or to effect any purpose, Anno 5. Eliz. ca. 16. And the difference between Conjuration and Witchcraft, may be said to be this, because the one seemeth by Prayers, and Invocations upon the powerful Name of God, to compel the devil to say, or do what he commandeth, and the other doth rather by a friendly and voluntary conference, or agreement between him or her, and the devil or Familiar, to have his, or her desires and purposes effected, in stead of blood or other gift offered unto him, especially of his or her soul, and both these differ from Enchantments or Sorceries, because that they are personal conferences with the devil, as is said, but these but medicines and ceremonial forms of words, commonly called charms without Apparition.  
If a man be Indicted as accessary to murder, as of assent, or procurement, or receiving, &c. if he be taken for this, he may sue forth a Writ, directed to the sheriff, that he let him go upon bail, &c. until the principal be convict or attaint, if they be of good famed, Fitz H. nat. Brev. fol. 150. E.  
And if a Man be acquitted of Murder within the year at the svit of the King, yet he shall be remitted to Prison, till he find Sureties to appear at every such time as the Justices shall require him, till the end of the year. Ibid. F.  
And note that no Attaint lieth upon a false Virdict given in an appeal of Mayheme, Felony, or Murder. Fitz H Nat. Br. fo. 107. L▪  
But if any Jurors be convicted of a false Oath, they shall be put in Prison, and then it behoves them to sue to the King to make Fine for their Imprisonment, and when they have agreed with the King, they may sue forth a Writ to remove the Record into the Kings Bench. Fit. N. br. fol. 109. L.   

Mich 28. and 29. Eliz.  
A Man being Indicted for Murder, Mr. Altham of Grayes inn took many exceptions to the Indictment;  
1. Because the Indictment said, That Capta svit inquisitio Coram Coronatore in come. H. and doth not say de comitatu.  
2. Because it is said, Inquisitio capta supper sacrum, and did not say Jurati.  
3. That he doth not say, That he was in place dei & Dom. Reginae, for he might be a traitor, and was flying, and then it was lawful to kill him, or perhaps it was in se defendendo.  
4. The Indictment was Percussit, but saith not ex ●alitia p●aecogitata.  
5. Because it saith, Dedit ei plagam mortalem, but doth not say, cum gladio predic.  
6. That the pan of the knee was cut out, and doth not show the length, breadth, depth, which ought to be when any single member was not cut off.  
The Justices all inclined that the Indictment was good, notwithstanding the exceptions, but said they would advice, and see Presidents, which the diligent Student may look after for his satisfaction in the point.   

For Burglary and murder by strangling.  
Devon. ss.  
THe Jurors &c. do present, That H. I. late of &c. in the County aforesaid Labourer, & W. C. late of &c. in the said County▪ Labourer, the tenth day of June in the year of our Lord God 1651. about ten of the clock in the after noon, viz. in the night of the same day at P. in the County aforesaid the mansion house of one H. H. with force and arms, feloniously and burglarly did break and enter, and the said H. and his family in the house aforesaid being, and by the said H. I. and W. C. in fear of their lives being put, with intent to kill, murder, and destroy, one W. H. late of &c. in the said house then and there being, and that the said H. I. and W C. the said day, year, place, and hour, of the malice of them the said H. and W. forethought upon the said W. H. in a certain Bed in a Chamber, parcel of the said mansion house being found, did make an assault, and then and there with their hands, and a certain handkerchief of the value of &c by them the said H. I. and w C. then and there held about the neck of the said w. H. did fasten, and the said W. of the malice of the said H. I. and W. C. forethought, did then and there choke and strangle, of which choking and strangling the said W. H. then and there instantly died, and the foresaid H. I. and W. C. of their malice forethought, in form aforesaid at P. aforesaid in the County aforesaid, feloniously did kill and murder, against the peace &c.   

For Manslaughter.  
Kent. ss.  
THe Jurors &c do present, that A. B. late of C. in the County aforesaid Yeoman, the 20 day of October, in the year of our Lord God, 1652. at D. in the County aforesaid with force and arms, in and upon one E. F. in the peace of God and &c. being, did make an assault, and with a Sword, of the value of 5. S. which he then in his right hand did hold, upon the head of the said E. F. a mortal wound did give in length three inches, and in depth two inches, of which mortal wound the said E. F. instantly died. And so the said jurors do say that the said A. B. the said E. F. the said twentieth day of October in the year aforesaid at D. aforesaid feloniously did flay and kill, against the peace.   

For killing one with an Arrow by mischance.  
Leicester.  
THe jurors &c. do present, That whereas T. I. late of S. in the County aforesaid Yeoman, such a day and year, at L. &c▪ with divers other persons Archers shooting at certain marks in length an hundred and twenty paces. That the said T. I. the day and year aforesaid, at L. aforesaid shooting at a mark at the length aforesaid. And one T. H. a dear friend of the said T. I. when the said Arrow was flying came before others so near the mark. viz. within the space of three foot, and the said Arrow being shot from the said Bow by the strength thereof flying at large, the foresaid. T. H. being so near the Mark, in manner and form aforesaid, then and there against the will of the said T. I. into his belly did shoot, and gave unto the said T. H: then and there a mortal wound, of which mortal wound the said T. H. or L. aforesaid, until the fourteenth day of July then next following, did languish, upon which 14. day of July the year aforesaid about one of the clock afternoon of the same day, the said T. H. of the wound aforesaid died. And so the said T. H. came to his death and not otherwise.   

For homicide by a mad man.  
Heref. ss.  
THe Jurors, &c. do present, That A. B. late of C. in the County aforesaid Yeoman, the tenth of June, in the year of our Lord God. 1653. not having God before his eyes, but being lead by the instigation of the devil, and not being in his right mind, but in fury and madness, with force and arms, and feloniously at C. aforesaid, in the County aforesaid, in and upon one C. D. did make an assault, and the aforesaid C. with a Staff of the value of one penny, which the said A. B. in his hands then, and there had, and held; the said C. D. upon his head feloniously did strike, and gave to the said C. a mortal wound, in length, &c. and in depth, &c. of which mortal wound the C. D. instantly died; And so the said A. B. not being in his right mind, nor sound memory, but in his fury and madness, the said C. D. at C. aforesaid, the day and year aforesaid feloniously did kill against the peace, &c.   

5. Jacobi, At Newgate Sessions.  
A Man was Indicted upon the Statute of 1. Jac. for stabbing, which was declared to be Felony, without clergy, but coming to be tried by the jury of Life and Death, it being proved that the party killed had a cudgel in his hand, It was adjudged, That it was a weapon drawn within the intent of the Statute, and the party was Indicted of Felony, and not of Murder.   

hilary 9. Jac. in Banc. Regis.  
TWo Boyes did contend and fight near unto their houses, and the one did strike the other, so as he did bleed, who went and complained to his Father, who having a rod with him, came to the other Boy and beate him, upon which he died; and the Opinion of the whole Court was, that it was not Murder.   

Pasc. 15. Car.  
WIlliam Marshall, and other bailiffs had an Execution ( viz. a Capias satisfaciendum) against cook and others, which bailiff came to Cookes, and lay one night in the outhouses privily, and the next morning they came to his dwelling-house, and gave him notice of the Execution. cook shut the doors of his house close, so as the Bailiffs could not enter; whereupon they break the Glass windows, and the Hinge of the door, endeavouring to enter; whereupon cook commanded them to be gone, or he would shoot them, notwithstanding, they did still continue in their doing, whereupon cook shot Marshall one of the Bailiffs, and whether this was Manslaughter or Murder was the Question.  
rolls argued that it was not Murder. First, because the Bailiffs act of breaking the Glass-windows, and Hinge of the door was an unlawful act, and at their peril. Secondly, It was not Murder, because the person was in his own house, which is his Castle and defence, which is a place privileged by Law, 26. l. Ass 3 Ed. 3. 330. 305. Thirdly, This authority which is given to the Kings Officer is given by the Law, which if he execute according to the Law, the Law will protect him, but if he exceed the privileges giving him by the Law, then all he doth is illegal, and he loseth its protection. And it was agreed by all the Iustices, Nullo contradicente, that it was not Murder, but that it was Manslaugter, for this reason especially, because the Officer was doing an unlawful act not warranted by Law, and therefore it was at his peril if he were killed.   

M●nslaughter Pasc. 16. Car. in the Kings Bench.  
SIr matthew Mincks, was Indicted of Manslaughter, and found guilty, and it was moved by Sir Rob. Holhorne being of his council, that the Indictment was insufficient;  
1. Because there was Dans, &c. without ad tunc & ibidem, according to presidents.  
2. Because it was Plagam seu contusionem which was uncertain.  
3. Because it was said, that the party killed, Languebat a predict. 15. die usque ducimam sextam; and he said there was no time between those two dayes, but it ought to have been that he languished from such an hour, till such an hour, and he said, that so were the ancient Presidents. And he said that an Indictment that A. killed B. inter horam decimam & undecimam was adjudged nought, and took other exceptions, all which were disallowed by the Court, whereupon Sir matthew prayed his Clergy, and had it.  
In ancient time the Will was held so material, it was taken for the Fact, so that a man beating another so grievously, that he left him for dead, for which he was found guilty of Felony: P. 15. Ed 3. p. 383. in which Case it is said by Bracton, that in malificiis spectatur voluntas non exitus. But the Law is not so now, that the Will where no Fact doth ensue thereupon, makes not the offence at this time, ubi exitus spectatur, non voluntas duntaxat.   

Felo de se.  
HE that having committed some offence, be outlawed, or taken in any wicked act, and for fear of punishment, kill himself shall forfeit his Land; but if a man by tediousness of his life, or impatience of grief kill himself, he shall not lose his Inheritance, but only his movable goods, and it seems the same Law is for Mad men, and infants, or such as have some grievous infirmities, because they want reason like bruit beasts, cited by Stamford, pl. Cor. fol. 19.  
And because there are so many pereundi modi, and by so many several ways men come to their untimely ends, whereof the Coroner is to take Cognisanze; I have thought good, to recite his duty, as I find it set down by Mr. No in officio Coronatoris.  
When the Coroner is to inquire of the death of any man who comes to untimely death, or to do any thing concerning his Office, he ought to do it in person, and upon the sudden death of any man, he himself ought to see the body when he maketh enquiry, otherwise the enquiry is not good, for if he will inquire of any dead person without view, that is, without Authority. And if the body be butted before his coming, he ought to Record it in his Rolls, to the intent that the Town where the burying was, should be amerced before the Justices of Eyre, upon the sight of his rolls. And nevertheless the Coroner ought to dig the body out of the ground, and take enquiry upon the view of the body as if it had not been butted, and the Town also shall be amerced, if they do not bury it, but suffer it to lie upon the ground to putrifie and stink, without sending to the Coroner. And if the Coroner be remiss and negligent in coming to do his Office after he hath been sent for, he shall be punished; of which, and what manner of men should have that Office, vide Express terms of the Law, fol. 86.   

Pasc. 21. Jac. in the Kings Bench.  
DAvers was Arraigned for the death of Dutton, and the Lord Chief Justice lay delivered it for Law, That if two men voluntary fight together, and the one killeth the other, if it be upon a sudden quarrel, that the same is but Manslaughter; and if two men fight together, and the one flieth as far as he can, and he which flieth, killeth him, that pursues him, the same is se defendendo; also if a man assault another upon the High-way, and he who is assaulted killeth the other, he shall forfeit neither Life, nor Lands, or Goods, if he fled as far as he could.  
There be also some other Homieides for which a man shall forfeit, neither life, lands, or goods, or suffer any corporal punishment.  
If a Warrant do issue to arrest a man indicted of Felony, and he will not suffer himself to be arrested, he that hath the Warrant may lawfully kill him. 22. lib. Ass. fo 55. Tit. Coro.  
If a man Arrested of Felony, and as he is bringing him to the Gaole, he runs away, and the other pursues him, so that he could not take him without killing him, this killing is justifiable. Tit Coron. Fitz. H. 3. Ed. 3. Stamf. pl. Cor. fo. 13.  
A gaoler came into the goal to see his Prisoners, who had broken off their Irons, and were ready to kill him, and did sore beat him, but he having a Hatchet in his hand, killed three of them, and after escaped, and it was adjudged that he had well done.  
A. and B. falling out, A. strikes B. and B. flies as far as he can for saving of his life. A. pursues him to a streight, so that he can fly no further, and then strikes A. and kills him, not Felony.  
And if A: strike B. and B. strike him again often, and before he have given him any mortal wound, and after being pursued B. kills him, not Felony.  
If a lunatic in rage slay a man, or one by misfortune kill a man, or an Infant within the age of eight years shall so, such a one so offending may sue his pardon for it of course, for which the use is to sue a Certiorare to remove the tenor of the Record and proceeding into the Chancery, and thereupon have his Charter of Pardon. Fitz. Nat. br. fol. 248. B.   

A Judgement in the Kings Bench, Trin. Car. upon an Indictment against a man for having two Wives.  
ONe Williams was indicted at bristol, upon the Statute of 1. Jac. ca. 11. for having two Wives, and upon Not guilty pleaded; the Jury found a special Verdict, which was thus. That Williams married one Wife, and was afterwards Divorced Causa adulterii, and afterwards married the other, and whether that were within the Proviso of that statute which provides for those which were Divorced was the Question. And it was resolved without Argument, by Bramston chief Justice, and Heath ( and the other being absent) that it was within the Proviso, for the Statute speaks generally of Divorce, and it is a penal Law. And Heath said that by the Law of holy Church the parties divorced, Causa adulterii might mary, but Pars rea, not without Licence, and he cited the Case of Anna Porter of late in the Kings Bench, who was Divorced, Causa savitiae, and afterwards married one Kootes, and upon an Indictment upon this Statute it was doubted, and debated, whether it were within the Proviso of that Statute, or not, but it was resolved it was not, because only a Divorce a cohabitatione, and a temporal separation until the anger past, but the Divorce here i● a vinculo matrimonii.  
37. Ed. 3. in the assize, a Justice was Indicted for that he caused an Indictment which was found of Trespass to be entred in the Record of Felony, and this adjudged a voided Indictment, because this was to make voided the Record; but it seemeth he might be indicted for taking of money or other falsity.   

For a Battery.  
Staff ss.  
THe Jurors, &c. do present that A. B. late of C. in the County aforesaid Yeoman, the first day of May, in the year of our Lord God 1652. at D. in the County of &c. aforesaid with force and arms, in and upon E. F. in the peace of God, and &c. being, did make an assault, and affray, and him the said E F. then and there with force and arms did beat, wound, and evil entreat, so that he did despair of his life, and other harms unto him did, to the great damage of the said E. F. and against the peace, &c.   

For a Battery and maim  
Northton. ss.  
THe Jurors, &c. do present that A. B. late of C. in the County aforesaid Yeoman, the twentieth day of May, in the year, &c. about four of the Clock in the after noon of the same day, at C. aforesaid in the County of northampton aforesaid in the high way, there of malice of the said A. B. forethought for one T. I. in the peace of God and the Keepers of the liberty of England &c. being, and upon the said high way upon his necessary business labouring and going, did lay wait with intention, feloniously the said T. I. to maim, and then and there with force and arms, &c. in and upon the said I. in the peace of God, &c. being did make an assault, and him the said T. I. then and there with force and arms, &c. did strike, beat, wound, and evil entreat. So that of his life he did despair: And that the said A. B: then and there with a Sword, which the said A. B: in his right hand, then and there had and held, the foresaid T. I. upon his left hand, feloniously did strike, and gave unto the said T. I. one great wound, by which the sinews and veins of two fingers, that is to say, of the least finger, and the next finger unto the said least finger are so mortified, and restrained, that the said T. I: the strength, and use of the said fingers hath wholly lost, and so the said A. B. the said T. I. feloniously, and of his malice forethought did maim, in manner and form aforesaid, contrary to the form of the Statute, in such case provided, and against the peace, &c.   

Pasc. 16. Jac. in the Kings Bench.  
A Man was Indicted de verberatione & vulneratione I. S. and the words vi & armis were left out of the Indictment, and the same was adjudged to be helped by the Statute, and that the Indictment was good.   

11. Jac. in the Star-Chamber.  
IN the Case between Miller and Reignolds, Sir Ed. cook said, that it appeared by Briton, that if a base fellow do strike a man of dignity, he shall lose his right hand.  
Assault is, when one unlawfully sets upon the person of any man, as if he offer to beate him, though he beate him not indeed, or strike at him with a Weapon, though he strike him not.  
Or he that lieth in wait, or beset a mans house, and will not suffer his servants to go in and out. 40. Ed. 40. 22. Ass. Pl. 6.  
Menaces are threatening words to beat one, or such like, for fear whereof he cannot go about his business, with any other Damage, is Trespass.  
Every Indictment and Inquisition of Treason, Murder, Felony, and Trespass, vi & armis must be set in, otherwise it is not good. 37. H. 8. cap. 8. Finch, lay, fol. 22.   

For false Imprisonment.  
Hereff.  
THe Jurors, &c. do present, That A. B. late of C. in the County aforesaid Yeoman, the tenth day of april in the year of our Lord God, 1652. At L. in the said County of Hereford, with force and arms in and upon D. E. in the peace of God and &c. being, did make an assault and him the said D: E. then, and there, with force and arms, did take, imprison, and evil entreat, and the said D. E. so there in Prison a long time, that is to say, by the space of seven dayes then next following, contrary to the Law and custom of the Common wealth of England, did detain and keep, and other harms to him did, &c: to the great damage, &c: and against the peace, &c:   

For false Imprisonment of a Mans Servants.  
THe Jurors, &c: do present, that A: B: late of C: in the County of H: aforesaid Gent: The tenth day of June, 1653. at L. in the County aforesaid, with force and arms, that is to say, with Swords, Staves, and other weapons, as well invasive as defensive &c. in and upon I. K. and L. M. Servants of N. O. did make an assault, and the said I: K: and L: M. contrary to the Law of the custom of England, did imprison, and by the space of four dayes then next following in prison did keep and detain: And that the said N: O. the service of his servants aforesaid for a great time, that is to say, for the space of one month then next following, did lose, and other harms to him did, to his great damage, and against the Peace, &c.   

For breaking Prison by a fellow.  
Lanc.  
THe Jurors, &c. do present, That▪ whereas A. B▪ was arrested and taken at W. in the said County of Lanc. for suspicion of Felony by him in the County of Lanc. aforesaid committed, that is to say, for the stealing of one Gelding, coloured Bay, of the price of five pound, of the Goods and chattels of a person unknown, and for the same Felony at Lanc. aforesaid, in the County aforesaid, was committed to C. D. Esquire sheriff of the County aforesaid, safely and securely by the said sheriff in the Prison of the Keepers of the Liberty of England, &c. in the Castle of Lanc. to be kept, until by the Law and custom of England, he should in due manner be delivered. That the said A. B. late of C. in the County aforesaid Labourer, the sixth day of July, in the year of our Lord God, 1651. at Lanc. aforesaid, in the County aforesaid, in the Prison of the said Keepers of the Liberty, &c. in the Custody of the said sheriff then and there, being the Prison aforesaid, then and there, with force and arms, and feloniously did break, and out of the said Prison, and the Custody of the said sheriff, then and there feloniously did go at large, whither he would, against the will of the said sheriff, and against the Peace, &c.   

For giving in Evidence a false or forged dead.  
mid.  
THe Jurors, &c. do present, That whereas in the Statute in Parliament of Elizabeth late Queen of England holden at Westminster the twelfth day of January in the fift year of her Reign published; among other things, it is ordained and enacted, That if any person or persons, after the first day of June then next following, should pled, publish, or give in Evidence, or otherwise, for the proof of any title, any false or forged dead, charter, writing, will or court-roll, falsely made and forged as true, knowing the same to be false and forged, with intent to have or claim thereby any estate of inheritance, free-hold, or lease for years, in, or to any manors, lands, tenements, and hereditaments; or with an intention to alter, or make voided, molest, trouble, or charge the state of inheritance, free-hold, or lease for years, of any person, in any manors, lands, tenements, rents, or hereditaments. That then every person and persons so offending, and thereof attainted and convicted, according to the laws of this kingdom, either by an action of forgery of false deeds, or by an action of the case, at the svit of the party grieved, his heires, executors, or assigns should pay to the party grieved double Costs and damages, and should be set upon the pillory in some open market▪ town, or in some other public place, and should have both his or their ears cut off, and his or their nose slit, and seared with an hot iron, to remain as a perpetual mark and sign of his falsehood, and shall forfeit to the said late Queen, her heires and successors, the issues and profits of all his lands and tenements during his life; As in the said statute more at large is contained. nevertheless one W. B. late of C. in the County of M. aforesaid, knowing a certain dead concerning a messsage, and one hundred acres of land of T. V. in W. in the County aforesaid, to be false and forged, did at W: aforesaid in the County aforesaid, publish the same as a true dead, with intent to have the state of inheritance to him and his heires in the same messsage and lands with the appurtenances. And to annul the state of inheritance of the said T. V. in the tenements aforesaid with the appurtenances, by means whereof the said T. in the possession of the said tements with the appurtenances, is disturbed and molested, in contempt of the Keepers of the liberty of England &c. to the great damage of the said T. Contrary to the form of the statute aforesaid, and against the peace &c.   

For bewitching a horse.  
mid. ss.  
THe jurors &c. do present. That Joan B. late of C. in the said County of mid. Spinster, the 20th. day of June, in the year of our Lord God 1652. at E. in the said County, did use, exercise, and practise most wicked arts, called enchantments and sorceries, maliciously and devilishly, in, upon, and against a certain horse, coloured bay, of the price of five pounds, of the goods and chattels of one I. S. of T. in the County of M. aforesaid, Yeoman. By means whereof the said horse of the said I. S. the twentieth day of june aforesaid, at E. aforesaid, in the County aforesaid, was altogether impaired and wasted away. Contrary to the form of the statute in that case made and provided, and against the peace &c.   

For getting money by colour of Process.  
Oxon. ss.  
THe Jurors &c. do present, That I. B. late of D. in the said County of Oxford, Yeoman, at D. aforesaid in the County aforesaid, by colour and pretence of a certain process under the seal of the late King of the duchy of Lanc. to one I. Leegg directed did make composition with the said I. leg, and then and there by colour and pretence of the said process, did of the said I. leg the sum of ten pounds in money numbered for himself, without any order or consent of any Court or Courts of the said King at Westminster unlawfully obtain and take, contrary to the form of the statute in that case made and provided, the said I. B. not being a Clerk of any Court, &c.   

For getting goods by counterfeit Letters.  
Berks. ss.  
THe Jurors &c. do present, That A. B. late of C. the said County of Berks, Scrivener, the first day of May in the year of our Lord God 1653. at M in the County aforesaid, imagining and devising with himself how he might unlawfully obtain and get into his hands the goods, chattels, and jewels of other persons for the maintenance of his unthrifty kind of living, then and there falsely and deceitfully did writ and counterfeit a letter in the name of one R. W. to one F. B. being the special friend of the said R. W. for the getting of 3. yards of woollen cloath, to the value of 40. s. of the foresaid F. B. And the foresaid A. B. afterwards that is to say, the 3▪ day of May aforesaid, in the year aforesaid, at M. aforesaid in the County aforesaid, by colour and means of the said counterfeit letter made in the name of the said R. W. as aforesaid, three yards of woollen cloath to the value of forty shillings, of the goods and chattels of the said F. B. from the said F. B. falsely and deceitfully did obtain and get into the hands and possion of the said A B. contrary to the form of the statute, &c. and against the peace.   

By getting money by a false token— as the former to this mark, and then say,  
THe said A. B. did then, and there falsely and fraudulently imagine and invent a false Token in the name of one R. W. to one F. B. being her special friend and familiar, for the getting of twenty shillings in money, numbered from the said F. B. then and there by colour of the said false Token, made in the name of the said R. W. the said twenty shillings falsely and deceitfully did obtain — ut supra.   

For a Vagrant going under the name of a soldier.  
Sussex ss.  
THe jurors, &c. do present, That A. B. late of C. in the County of &c. aforesaid Labourer, being an idle person, and intending craftily, falsely, and feloniously to deceive and defraud the Keepers of the liberty of England, &c▪ and the people of this Common-wealth, the tenth day of May, in the year, &c. 1653. and at divers other dayes and times, as well before, as after, at Gr. and at divers other places within the said County, did as a soldier wander, and the said tenth day of May, in the year aforesaid, at G. aforesaid, did feloniously counterfeit and invent a certain testimonial in the name of one W. H. falsely by the said testimonial, supposing that the said A. B. landed at Dover, in the County of Kent, the 25th day of April, and was allowed by the said W. H. to travel to the place where he was Pressed, or where he was born, whereas in truth the said A. B. never landed at Dover aforesaid. And whereas in Truth the said A. B. was never allowed by the said W. H. to travail to the place where he was pressed, or where he was born, contrary to the form of the Statute &c. and against the Peace &c.   

For interrupting a Minister Saying Common Prayer.  
Chester. ss.  
THe jurors &c. do present, That A. B. late of C. in the County of Wilts. Yeoman, at C. aforesaid, in the County aforesaid, in the Parish Church of C. aforesaid, of his own power and authority, wilfully, and, of set purpose, by these open and contemptuous words following, by him the said A. B. then, and there in the Church aforesaid spoken and pronounced, viz. Come down thou prating Knave come down; maliciously, contemptuously, and unlawfully did disquiet, abuse, molest, disturb, hinder, and interrupt one T. C. clerk, Vicar of the Parish Church of C. aforesaid( being then licenced, Allowed, and authorised by W. Bishop of Chester to Preach) in his public Sermon and Preaching, which the said T. C. then, and there in the Church aforesaid, made Declaration, Preached and Pronounced, and other harms to the said T. C. did, contrary to the form of the Statute, &c. and against the peace, &c.   

For interrupting a Minister Saying Common Prayer upon the Statute. 1. Eliz.  
Chester ss.  
THe jurors, &c. do present, that A. B. late of C. in the said County of C. Husbandman the fourth day of July, in the year &c. being the Lords day, at C▪ aforesaid, in the County aforesaid, R. B. then being Vicar and Minister of the Church of C. aforesaid, then, and there in the same Church publicly saying the Common Prayers, according to the Book of Common Prayer, by Act of Parliament, of Elizabeth, late Queen of England, in the first year of her Reign established, maliciously, and unlawfully did interrupt and disturb, and other harms to him the said R. did, contrary to the form of the Statute, &c. and against the Peace, &c.   

For taking of a Sack but not feloniously.  
Lanc.  
THe Jurors, &c. do present That I. M. late of A. in the County of L. aforesaid Labourer, the 〈…〉 day of 〈…〉 in the year, &c. at W. in the said County of L. the Mansion house of H. N. with force and arms, did enter, and then, and there with force and arms, one Sack to the value of six pence. of the Goods and chattels of the said H. N. then, and there found and being, unlawfully and against the will of the said H. N. did take and carry away, and to his own use did convert the same, to the great damage, &c. and against the Peace, &c.   

For being absent from the Church on the Statute of 1. Eliz and 28.  
Salop.  
THe jurors, &c: do present, That A. B. late of C. in the County of Salop Gent. who the tenth day of July, in the year, &c. 1650. was of the Age of sixteen years and upwards, did not repair to his Parish Church of C. aforesaid, nor to any Church, chapel, or usual place of Common Prayer, and there stand during the time of Common Prayer, at any time within six Moneths next following the said tenth day of July, in the said year 1650. but hath forborn the same by the space of six Moneths, contrary to the form and Statute at Westminster, in the County of Middlesex, in the first year of the Reign of Elizabeth, late Queen of England, for the uniformity of Common Prayer, made and provided, and contrary to the form of the Statute of the said Queen Elizabeth, in the three and twentieth year of her Reign; And in contempt, &c. and agalnst the Peace, &c.   

nick. term Jac. in the Kings Bench▪  
ANne Manocke was Indicted in suffolk, upon the Statute of 1. Eliz. cap. 2. for not coming to Church twelve sundays together, which Inditement was removed into the Kings Bench, and Exceptions taken to it.  
1. That the Statute is, That all Inhabitants within the realm, &c. and it is not averred in facto, that she did inhabit within the realm— disallowed.  
2. That by a Proviso in the Statute 28 Eliz. ca. 6. It is ordained that none shall be impeached for such offence if he be not indicted at the next Sessions— which she was not— disallowed— because it may be there was no Session since.  
3. The third Exception was, that she was indicted Coram A. B. & sociis suis, Justices of the Peace, and doth not name them particularly— disallowed.  
4. That the words of the Statute are, Ought to abide in the Church till the end of Common Prayer, Preaching, or other Service of God, in the disjunctive, and the Indictment was in the Conjunctive— disallowed; for though the words be in the disjunctive, yet a man cannot depart so soon as Service is ended, if there be Preaching▪ but he ought to continue there for the whole time.   

For keeping Vagabonds, Whores, and Idle persons, and evil rule in his house.  
mid. ss.  
THe Jurors, &c. do present. that A. B. late of C. in the said county of mid. Vitler, at C. aforesaid the first day of May, in the year &c. 1653. and continually after until the day of the taking of this inquest, hath received, harboured and supported divers vagabonds, Whores, and other idle and suspected persons of evil conversation, and doth continually keep evil rule and government in his house, to the great anusance and disturbance of his Neighbours, and contrary to the form of divers Statutes, and against the peace &c.   

For keeping unlawful Games.  
mid.  
THe Jurors; &c. do present, that A. B. late of K. in the said County of mid. Vitler the third day of Sept. in the year, &c. 1652. and continually afterwards, until the twentieth day of October in the year aforesaid at K. aforesaid in the County aforesaid, a common house of carding, dicing, and table playing, and for the proper gain and profit of the said A. B. unlawfully hath held, kept, and maintained contrary to the Statute in that case made and provided; and that the said A. B. the said third day of September, in the year aforesaid, and at divers other dayes afterwards at K. aforesaid in his house aforesaid the aforesaid unlawful Games of Carding Dicing and Table playing hath had, kept, exercised, used, suffered, allowed and maintained contrary to the form of the Statute &c. and against the Peace, &c.   

For keeping an unlicenced Alehouse.  
Staff. ss.  
THe jurors &c. do present. That A. B. late of Forbridge in the County aforesaid Vitler, the 20th. day of July, in the year &c. 1652. and at divers other times, as well before as after at T. aforesaid, did keep, and as yet doth keep a common tippling-house, without Licence, and as well the said twentieth day of July, in the said year of our Lord 1652. aforesaid, as at divers other dayes and times, hath received and entertained in his house divers several persons, as well Men as Women of evil behaviour, famed, and conversation, and evil rule in his said house from day to day, did maintain and keep, and yet doth maintain and keep, to the evil example of the people of this Nation, and manifest breach of the Peace, and contrary to the Statute, &c.   

Against Company-keepers, with such as call themselves egyptians.  
Salop. ss.  
THe jurors, do present, that A. B. late of C. in the County aforesaid Labourer, and E. F. late of C. aforesaid, in the County aforesaid Labourer, the tenth day of February, in the year of our Lord God, 1652. at W. in the said County of Salop within the Common-wealth of England, were in the company or Fellowship of T. C. and E. F. vagabonds, commonly calling themselves egyptians, and counterfeiting and changing themselves by their apparel, Language, and behaviour, like such Vagabonds commonly calling themselves egyptians, and so feloniously continued and remained in the same company at W. aforesaid, in the County aforesaid, and in divers other places in the said County of, &c. by the space of one month then next following the said tenth day of February in the year 1652. aforesaid, contrary to the form of the Statute in that case made and provided, and against the peace, &c.   

Another for keeping an unlicensed Alehouse.  
Essex.  
THe jurors, &c. do present, That A. B. late of C. in the said County of Essex Vitlor, the first day of June, in the year of our Lord God, 1652. and continually afterwards, until the day of the taking of this Inquest—( or thus— continually for many dayes after, that is to say, until the first of July in the year aforesaid) obstinately, and of his own authority without any admission or allowance of the Iustices of the Peace in the said County, hath taken upon him to keep a common tippling House, and there the said first day of June, and the said other dayes afterwards, commonly and openly did sell Ale and Beer to divers of the people of this Common-wealth, in contempt of, and contrary to the Statute in Parliament of Ed. 6. late King of England, at Westminster, in the first year of his Reign, in that case made and provided, and against the peace, &c.   

For keeping a bawdy House, &c.  
Surr.  
THe Jurors, &c. do present, That A. B. late of C. in the County of S. aforesaid Vitler, such a day and year, &c. at T. Hath held and kept in his dwelling House there a common bawdy House, and suffereth many persons suspected, and of ill behaviour and famed, to have carnal knowledge with Whores, to the great grievance of all the Inhabitants there, and to the evil example of others there dwelling, and against the peace, &c.   

For a common Barater.  
Surr. ss.  
THe Jurors, &c. do present, That A. B. late of C. in the County of S. aforesaid Husbandman, the tenth day of Jan. in the year of our Lord God, 1652. at C. aforesaid in the County aforesaid was, and yet is a common Barater and Disturber of the Common-wealth, a daily and open common and turbulent Raylor, Fighter, a sour of Discord among his Neighbours, so that he hath moved, procured, and stirred up many contentions and quarrels, then, and there, and elsewhere in the said County of S among divers of the people of this Nation, to the great disturbance of the peace, and contrary to the form of divers Ordinances, and Statutes of the Common-wealth of England in such case provided and declared, and against the peace.   

In the Kings Bench, Pasc. 3. Car. 3.  
A Man was Indicted, that the fuit & adhuc est, a common Barreter, and no place expressed where he is a Barreter, and so no trial can be. Dodderige said, if he be a Barreter in one place, he is a Barreter in all places. The Indictment was per quod, he did stir up contentions jurgia, and no place name where he did stir up jurgia, contentions; and it was said, that in that case the place was very material, and so the Indictment was quashed for want of setting forth the place where he did stir up contentions.   

For Inmates.  
THe Jurors, &c. do present, That A. B. late of C, in the County aforesaid tailor, being owner of a Cottage now in his Occupation, the twentieth of July, in the year of our Lord God 1652. at C. in the County, did place one D. E. an Inmate in the Cottage aforesaid; and the said D E. with the said A. B. in the cottage aforesaid, did there inhabit, from the said twentieth day of July, in the year aforesaid, by the space of two Moneths then next following; and the said A. B. did permit; and voluntarily suffer the said D E. an Inmate as aforesaid, with him the said A. B. to dwell by the space of two Moneths, contrary to the form of the Statute, &c. and against the peace, &c.   

For using unlawful Games.  
THe Jurors, &c. do present, That A. B. late of C. in the County of Southampton Vitler, the second day of June, in the year of our Lord God, 1652. and continually after the said second day of June, in the year aforesaid, until the twentieth day of the month of July, in the year aforesaid, at C. aforesaid in the County aforesaid, a common Bowling Alley for his own proper gain, and then and there to play with Bowls unlawfully did keep and maintain, contrary to the form of a Statute in Parliament, in the 33. year of H. 8. in that case made and provided. And that I. S. late of C. aforesaid, in the County aforesaid, and three other persons unknown, the said second day of June, in the year aforesaid, the said common Bowling Alley did frequent, and then and there with Bowls unlawfully at Bowls did play, contrary to the form of the Statute aforesaid, and against the peace, &c:   

For Fighting in a Church-Yard.  
Montgomery.  
THe jurors, &c. do present, That G. F. late of H. in the County of M. aforesaid Yeoman, the tenth day of May, in the year of our Lord God, 1652. at H. aforesaid, in the County aforesaid, in the Church-Yard of the Parish Church of H. aforesaid, maliciously did draw his Dagger upon one I. S. of H. aforesaid, in the County aforesaid, with intent to strike the said I. S. with the said Dagger, against the peace, and contrary to the form of a Statute made in Parliament, in the sixth year of Ed. 6. late King of England, in that case made and provided.   

For negligent keeping of Fire, whereby the Neighbours goods burned.  
Denbigh.  
THe Jurors, &c. do present, That whereas by the Law and custom of the kingdom of England, hitherto used and approved, every Man and Woman of the said kingdom is bound to keep their Fire safe and secute, least by default of the due and safe keeping of such Fire any damage should happen to any of his or her Neighbours. Nevertheless one A. B. of C. in the County of D. aforesaid, the first day of May, in the year of our Lord God, 1652. was seized of a messsage in the aforesaid Town of C. in his demesne, as of Fee, in which messsage the said A. then, and there dwelling, which A. then and there did so negligently and earelessely keep his Fire; that for want of due keeping of his Fire, the Goods and chattels of T. F. that is to say, ten loads of Timber, of the said T. F. at C. aforesaid, in the County aforesaid, to the value of ten pounds in the house of the said T. F. then being, and the house and Stable of the said T. F. to the said messsage adjoining, were then and there burned, to the great damage of the said T. F. and contrary to the custom, &c.   

For stoping of a Common High way.  
derby ss.  
THe Jurors, &c do present, That whereas within the Village of S. in the County of D. in a certain place called Alderbury, there is, and by all the time whereof the memory of man is not to the contrary, there hath been a common Kings high Way leading from the Town of H. in the County aforesaid, unto the Town and Market of O. in the said County, from the said Town of H. unto the said Town of O. by all the said time, as well to ride and go, and with their Carts and Carriages to pass, as also their cattle to drive and from thence back again unto the said Town at all times of the year at their will and pleasure; Nevertheless one B. H. late of S. aforesaid, in the County aforesaid Esquire for his own private gain and Commodity devising and intending to stop up the said way the 〈…〉 day of 〈…〉 in the year of &c. 1652. and at divers times as well before as after with force and arms &c. at S. aforesaid in the County aforesaid, a certain Ditch over-thwart the said common High way, on the part of the said High way, which extendeth between the Parishes of O. and A. and the same with hedges and gates hath shut up and enclosed, and keepeth the same so enclosed. So that the people cannot have and enjoy the said way, either to ride or go, or with their Carts and Carriages, or to drive their cattle in such manner as they were wont to have and enjoy the same, to the great disturbance of the people, and against the peace, &c.   

For enclosing an High Way.  
Essex.  
THe jurors, &c. do present, that A. B. late of C. in the County of E. Gent. the day of in the year. &c. part of the common High Way, leading from W. unto S. in the County aforesaid, that is to say, one rood of Land, parcel of the said High way, with Hedge, did enclose and shut up, and the same way so enclosed from the aforesaid day of until the day of the taking of this Inquest into Pasture did convert; and doth keep, to the great damage, and annoyance of all the people of this Nation, dwelling near the same, whose right it is to go that way, and contrary to divers Statutes, &c. and against the peace, &c.   

For stoping up an usual Way.  
Lanc.  
THe Jurors, &c. do present, That whereas R. N. is seized in his demesne, as of Fee, of and in two Acres of Lands, with the Appurtenances in M. in the County of L. And that he and all those whose Estate the said R. N. of and in the Tenements aforesaid, with the Appurtenances, have had and ought to have, by all the time whereof the memory of Man is not to the contrary, a certain way in M. aforesaid, as well on Horseback as on foot, and with all, and all manner of Carts and Carriages, from the Tenements aforesaid, through and over a certain parcel of Land in M. aforesaid, in the County aforesaid, now in the Occupation of R. C. unto the Kings high way in M. aforesaid called, &c. And to drive and redrive all, and all manner of cattle from the Tenemants aforesaid through and over the said parcel of Land, in the Occupation of the said R. C. unto the aforesaid Kings High way, and from thence, to the aforesaid Tenements, with the Appurtenances at all times at his and their pleasure.  
Nevertheless one R. C. late of M. in the County of Lanc. Husbandman, and Jane C: late of M. aforesaid, in the County aforesaid Spinster, Wife of the said R. C. the day of in the year &c. at M. aforesaid, in the County aforesaid, by the direction and command of R. H. of S. in the said County esquire, with force and arms, in and upon the said R. N. and T. H. the Servant of the said R. N. in the peace of God, &c. then being, and in and through the said way about their necessary business labouring and going, did make an assault, and a certain gate at the entrance into the said parcel of Land in the possession of the said R. C. over-whart the way aforesaid, did make, erect, and keep; By means whereof the said way is wholly stopped up. So that he the aforesaid R. N. cannot have nor make use of the said way in manner aforesaid nor with his Carts and Carriages, nor drive and redrive his cattle, to the great hurt of the Freehold of the said R. N. and to the great damage of the said R. N. and against the peace, &c.   

For turning of a water course.  
THe Jurors, &c. do present, that T. R. late of S. in the county of M. Yeoman, the day of &c. and at divers other dayes and times, as well before as after; At S. aforesaid in the county aforesaid a certain Water course did stop and turn, by means whereof the said Water course did flow upon the soil, and Free-hold of T. F. and G. F. to the great damage of them the said T. F. and G. F. contrary to the form of the Statute, &c. and against the peace &c.   

For a Bridge in decay.  
Kent. ss.  
THe jurors &c. do present, that a public and common Bridge, being in the Kings high way upon the River of M. within the Parish of A. in the County of Kent, commonly called A. Bridge, is, and for many years now last past hath been very ruinous, and in great decay, for want of reparation, so that the people of this Nation cannot, nor dare not without danger of their lives pass over the said Bridge, either on Foot or on Horseback, or with Carts or Carriages, to the great and common hurt of the Neighbours and others of the said Country whom it concerneth, by reason of their business to go and come that way: And they further say; That it is altogether unknown, what Person or Persons, what Lands or Tenements, what Bodies corporate or politic, the said bridge, or any part thereof, of right, or by ancient Custom ought to repair or amend the same, &c.   

Trin. 21. Jac. in the Kings Bench.  
BRidges and nichols, were indicted for not repairing of such a Bridge, and the Indictment was, Debent & solent reparare pontem; It was moved, That the Indictment was not sufficient, because it is not alleged in the Indictment that the Bridge was over a Water, and therefore not needful to be amended.  
2. It appeared not in the Indictment that at the time of the Indictment that the Bridge was ruinous and decayed.  
That Bridges and nichols, Debent & solent reparere pontem, and it is not shewed, that their charge was, Ratione tenurae. 21. Ed. 4. 33. where it is said, That prescription cannot be, that a common person ought to repair a Bridge, unless it be ratione tenurae, but it is otherwise in case of a Corporation.   

Pasc. 3. Car. in the Kings Bench.  
sergeant Hoskins was Indicted for not paving the Kings High way in St. Johns Street, in the County of mid. ante tenementa sua, and in the Indictment it is not shewed how he came chargeable to pay the same.  
Nor was it shewed, that he was seized of any house there, nor that he dwelled there, nor was it averred that he had any Tenement there. The opinion of the Court was, That the Indictment was uncertain and quashed.   

Trin. 15. Car.  
UPon an Information in the Kings Bench against the Inhabitants of Shoreditcb, It was said by the Court, That by the Common Law the Inhabitants of a Parish ought to repair all High ways lying within their Parish, if prescription do not bind some particular persons thereto( which is not in this Case) and some of the Inhabitants would have been Witnesses to prove, that some particular Inhabitants lying upon the High way had used time out of mind, to repair it, but were not permitted, because they were Defendants in the Information.   

For not repairing a High way, on the Statute of 2. & 3. P. & M. & 5. Eliz.  
not. ss.  
THe jurors do present, That part of the Kings High way at E. in the County of not. in quantity about twenty yards, lying and being over against certain Lands and Tenements of I. C. is very ruinous for want of reparation of the Causey there, to the great and common hurt of the people of this Nation; and that the said I. C. ought to make and repair the said Causey upon his own proper costs and charges, according to the form of the Statute.   

Trin 15. Car.  
MAny indictments were exhibited severally against several men, because each by himself suffered his door to be unrepaired. And it shewed in the Indictments that every one of them ought to repair, and thereupon it was moved that the Indictments might be quashed; But the Court would not quash them without certificate that the parties had repaired their doors, but it was granted that Process should be stayed upon motion of counsel that reparation should be presently done, but at the same time many Indictments for not repairing the High-way, which the Parishioners ought to have repaired according as it was found by verdict the same Term were quashed for the same defect, for that it was joint, one only, whereas there ought to have been several Indictments, but they were quashed for the first defect.   

Mich. 17. Car.  
AN Information▪ was brought in the Kings Bench for the King against Edgerly Carrier of Oxford, because that where by the custom of England no Carrier or other person ought to carry above 2000. weight and that with a wagon having but two wheels, and but with 5. horses▪ That the Defendant had used for the space of a year last past to to drive quoddam Gestacorium vare, a drag or wagon, cum quatuor rotis & cum in usitato numero equorum, viz. with twelve horses between Oxford and London, and had used to carry with it 5000▪ weight, that he had digged and spoiled the way in a Lane, called Lobbe Lane, that the people could not pass. To which the Defendant pleaded not guilty, and he was found guilty by the Verdict, and many exceptions were taken to the Information, all were over-ruled by the Court, and then the Question was, Whether the Carrier should repair it at his own charge, or should be Fined for the Nusans, to the Common-wealth.  
And it was agreed that he should be Fined and Imprisoned, and it was considered, what Fine should be set upon him; Judge Mallet agreed four Marks but the other Iustices thought that too little, and adjourned the setting of the Fine.   

For the mending of a Way.  
Leicester:  
THe jurors, &c. do present, That the Kings High way within the Town of P. in the County of P. of L. between the Market Towns of H. and R. in the County aforesaid, containing in length about one hundred Roods and more, is very foul and miry, for want of Reparation, so that the people whom it concerneth to go and come that way cannot pass that way without great danger; And that the Inhabitants of the Town of P. ought of right: and by ancient custom to repair the same, and have accustomend so to do.   

For not coming to work at High ways.  
Buck.  
THe jurors, &c. do present, That whereas on Tuesday in the Easter week now last past, that is to say, the day of in the year, &c. A. B. being then Constable of the Town of C. in the County of B. aforesaid having called unto him many of the Parishioners of the said Parish of C. then and there did choose I. &c. and R. N. two honest men of the said Parish to be Surveyors for one whole year then next following, for repairing and amending of the Kings High ways, within the said Parish of C. leading from Marker Town to Market Town, and did also then name and appoint six dayes, viz. the first, second, third, fourth, fifth, and sixth dayes of the month of May then next coming for the amendment of the said ways, and namely for the amendment of that way which is between Stony-Furlong, and Foule-Acre: And of those six dayes, so by them as aforesaid, name and appointed, they did afterwards, that is to say, upon the Lords day the said Easter week next following, did give open and public notice in the said Parish Church of C. in the said County of B. Nevertheless T. W. being then a Parishioner of the said Parish of C. &c. in the County aforesaid, and having, and Occupying a Plough Land, of Arable Land, did not at any of the said first, second, third, four, fift, or sixth dayes of the said month of May aforesaid, at all, find or sand a Wain, or Cart furnished with Horses, Oxen, or other Cattle, and necessary instruments, according to the manner of the Country there, nor any able men towards the repairing and amending of the said ways, or any of them, or any part or parcel thereof, but from the same, then and there▪ did wilfully make default, contrary to the form of divers Statutes, &c.   

Another for stoping a usual Way.  
Dorset. ss.  
THe jurors, &c. do present, That A. B. late of A. in the County of D. Gent the 〈◇〉 day of 〈◇〉 in the year 〈◇〉 at C. in the said County of D. a certain usual way, leading from the Mansion house of I. G. Gent. unto the Kings high Way, lying, and being between M. B. and I. G. unjustly and unlawfully did stop up, and would not suffer the said I. G. and his Servants to have, use, and enjoy the said usual way as they ought, and as from the time, the memory whereof is not to the contrary, they had used to do, but hindered, and with force and arms still doth hinder them, as aforesaid, to the great damage of the said I. G. and against the peace, &c.   

Mich. 13. and 14. Eliz.  
ONe W. D. was arraigned in the Kings Bench upon an Indictment of a girl of seven years, and not above, ( scil▪) quod ipsam felonice rapuit & carnaliter cognovit. And he pleaded not guilty. And a venire facias was awarded, and a panel returned, and three of the Jury-sworne, and then he pleaded that he was a Scot born, and prayed his trial per medietatem linguae; and the opinion of the Justices of both Benches was, That he should not have it, because a Scot was never accounted here for an Alien, but rather a Subject; and also the Scottish Language is no strange Language but mere English, whereupon he was tried, and upon good Evidence was found guilty, yet the Court doubted of the Rape in so tender a child, but if she had been nine years or above, it would be otherwise. Dyer, 304.   

For taking away of a maiden out of another mans Custody.  
THe Jurors, &c. do present, That whereas by a Statute in Parliament of King P. and Q. M. in the fourth and fifth year of their Reigns, among other things it is ordained: That if any person or persons, being above the age of fourteen years, after the first day of April, in the years aforesaid, shall unlawfully take and led away, or cause to be taken or lead away any maiden or young Woman unmarried, within the age of sixteen years, being from, or out of the possession, and against the will of the Father or Mother of such maiden or young Woman, or of, or out of the possession, and against the will of such person or persons, as then shall happen to have by any lawful ways or means the ordering, custody, education and government of any such maiden or young Woman, That then every such person or persons so offending, being by order and due course thereof attainted or convicted( other then such person or persons of whom such person taken away did hold any Lands or Tenements by Knights Service) should have and suffer imprisonment of their Bodies, by the space of two whole years, without bail or mainprize, or otherwise should pay such Fine for his or their offence as should be assessed by the council of the Kings Highness, his Heirs or Successors in the starchamber at Westminster, as in the said Statute is more at large contained; Nevertheless one R. S. late of G. in the County of D. Gent. the 〈…〉 day of 〈…〉 in the year, &c. the said R. S. being then above the age of fourteen years, not weighing the said Statute, nor fearing the penalty in the same Statute contained, at L. in the said County of D. one I. B. one of the daughters of L. B. declared, within the age of sixteen years, that is to say, of the age of fourteen years, to which I the said L. B. by his last Will and Testament in Writing, did give, and bequeath for the benefit and marriage of the said I. one hundred marks of lawful money of England, and the government and Marriage of which I. B by the aforesaid Testament and last Will of the said L. B. to one H. H. was lawfully committed, the said C. S. with force and arms, the day, place, and year aforesaid, being found from the Possessions of the said H. H. against the will of the said H. H. unlawfully did take and carry away, contrary to the form of the Statute, and against the peace, &c.   

For tracing Hares in the Snow.  
THe Jurors, &c. do present, That A. B. late of C. in the County of S. Husbandman, the 〈…〉 day of, 〈…〉 in the year, &c. at C. aforesaid, in the County aforesaid, the Snow being, and lying then and there upon the ground, one Hare in the Snow, with one dog called a &c. did find, trace, and course, destroy and kill, contrary to the form of the Statute, &c.   

For Hawking in corn upon the Statute of 23. Eliz.  
THe Jurors, &c. do present, That A. B. late of C. in the County of L. aforesaid Gent. the 〈…〉 day of 〈…〉 in the year, &c. at C. aforesaid in the County of L. aforesaid, the Close of G. H. with force and arms did break and enter, and then and there in the ground of the said G. H. that is to say, into three Acres of Land, in which the barley of the said G. H: to the value of forty shillings, was growing at such time, as the said barley was Eared, did Hawk, and with his doggs, commonly called Spaniells, did Hunt, contrary to the form of the Statute, &c. and against the peace, &c.   

For getting of Quick-Wood.  
Berks.  
THe Jurors, &c. do present, That A. B. late of C. in the County of B. Husbandman the 〈…〉 day of 〈…〉 in the year, &c. at C. aforesaid, in the County foresaid with force and arms, the Close of T. F. did break and enter, and then and there two burdens of young Quick-wood, to the value of two shillings, did root up, take, and carry away, and other harms to the said T. F. then and there did, to the great damage of the said T. and against the peace, &c.   

For chasing Sheep with Doggs.  
THe jurors, &c. do present, That W. F. of D. in the County of L. Husbandman, and O. F. late of D. aforesaid, in the County aforesaid Labourer, the day of 〈…〉 in the year, &c. at D. aforesaid, in the County aforesaid, with force and arms one dog called a Greyhound, and another dog called a cur, who used to bite Sheep, did keep, and then and there the foresaid Doggs to chase and bite the Sheep of I. T. there did encourage, that the said Doggs by the said in couragement then and there four Sheep of the said I. T. of the price of forty shillings, did chase, bite, and kill, to the great damage of the said I. T. and against the peace, &c.   

For engrossing corn, upon the Statute of 5. Ed. 6. and renewed 13. Eliz.  
THe Jurors, &c. do present, That A. B. late of C. in the County of S. Yeoman, the day of in the year, &c. at C. aforesaid in the County aforesaid, ten quarters of barley, to the value of ten pound of G. T. did Buy and engross, and in his hands did keep, with the intent to sell the same again, contrary to the form of the Statute in that case made and provided, &c.   

For regrating Fish and Butter, on the Statute of 5. Ed. 6.  
Dorset. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County of Dorset Yeoman the— day of— in the year, &c. At B. in the said County of D. in a certain Market, then there holden, for forty shillings, did buy, regrate, obtain, and procure, and into his possession and hands get ten couple of Lings, and three Ferkins of Salt-Butter of one I. F. who the said ten couple of Lings, and the said three Firkins of Butter at the same Market, and there brought the same to sell, and that immediately afterwards, that is to say, the said day and year, the said A. B. in the full Market then and there at B. aforesaid, in the County aforesaid holden, all the couples of Ling, and the said Firkins of Butter to one F. R▪ for threescore shillings of lawful money of England, unlawfully did sell, to the great damage of the Common-wealth, and contrary to the form of divers Statutes in that case made and provided, &c.   

For Trespass in corn.  
Hereff. ss.  
THe Jurors, &c. do present, That A. B. late of C. in the County of H. Yeoman the 〈…〉 day of 〈…〉 in the year, &c. the Close of one I. S. at L. in the County aforesaid, commonly called the Parton Close, with force and arms, the Grass, and the blade of Wheat of the said I, S. then and there growing to the value of twenty shillings, with certain Oxen and other cattle of the said A. B. then and there did depasture, tread down, and consume, and the Ground and soil of the said I. S. then and there, with a Plough did turn up, whereby the said I S. all the profit and commodity of his said Ground, did for a long time after loose, and other hurts to the said I. S. did, to the great damage of the said I. S. &c.   

For taking Doves:  
THe Jurors, &c. do present, That A. B. late of C. in the County of N. aforesaid, Yeoman, the 〈…〉 day of 〈…〉 in the year, &c. 〈…〉 at L. in the County aforesaid twenty Doves of the Dove-house of D. E. price ten shillings, with Nets and other Engines, did take and carry away, by means whereof the said D. E. the flight of his Doves, did utterly loose, and other harms to him did, to the great damage of the said D. E. and against the peace, &c.   

For selling Trees and Under-wood.  
THe Jurors &c. do present, That A. B. late of C. in the County of M. Yeoman, the day of in the year of, &c. with force and arms, that is to say, with Swords, Staves, and Knives, the Close of R. S. at W. did break and enter, and the Grass there growing, to the value of twenty shillings, &c. then and there growing, with certain cattle, that is to say, with Horses, Oxen, Kine, hogs, and other beasts, did depasture, tread down, and consume. And the Trees of the said R. S. that is to say, ten oaks, to the value of thirty shillings, and shepherds, that is to say, ten wain Loads of shepherds to the value of twenty shillings, then and there growing, did sell, take, and carry away, and other hurt to him the said R. S. did, to the great damage of the said R. S. and against the peace, &c.   

For breaking the Close, and taking away cattle, spoiling the Grass, and the continuance of the Trespass.  
Rutland.  
THe Jurors; &c. do present, That A. B. late of C. in the County of R. Yeoman, the day of &c. in the year, &c. with force and arms, the Close of S. P. at C. aforesaid in the County aforesaid did break, and eight Sheep of the said S. P. price forty shillings, then and there found, did take and drive away, and the Grass of the said S. P. to the value of twenty shillings then and there growing, with certain cattle, that is to say, with Horses, Oxen, and other cattle, did eat, tread down and consume, and the Trespass aforesaid, as to the eating, treading down, and spoiling of the Grass aforesaid, from the said day of 〈…〉 aforesaid, in the year aforesaid, until the day of the taking of this Inquest, at divers dayes and times, did continue, and other harms to him did, to the great damage of the said S. P. and against the peace, &c.   

Against a Constable for the escape of a fellow committed unto him.  
THe Jurors, &c: do present, That whereas D. K. late of L. in the County of L. aforesaid Labourer, at L. aforesaid, in the County aforesaid Labourer, was taken and arrested, upon suspicion of Felony, that is to say, for the stealing of five pounds in money, numbered of the goods and chattels of G. V. by the said D. in the County aforesaid committed, and for the same Felony was committed by A. B. Esquire, one of the Justices for the conservation of the peace of the County aforesaid assigned unto R. B. late of W. in the County aforesaid Yeoman Constable there, by him the said Constable to be safely and surely kept, and brought unto the goal and Prison of the Keepers of the Liberty of England, &c. at L. and him the said D. there to deliver to the Keeper of the goal and Prison aforesaid in the same to be safely and securely kept by the Keeper of the said goal and Prison aforesaid, until according to the Law and custom of the Common-wealth of England, in due form, he should from thence be delivered, that the said R. B. the Constable aforesaid, and R. W. late of &c. the 〈…〉 day of 〈…〉 in the year, &c. about ten of the clock in the forenoon of the same day, at N. in the said County of L. the said D. being in Prison of the Keepers, &c. in the custody of the said R. B. and R. W. for the Felony aforesaid, then and there being out of the Prison, aforesaid and being out of the Custody of the said R. B. and R. W. feloniously and wilfully did suffer to escape, and to go at large whither he would, against the peace, &c.   

For Forestalling.  
Lanc.  
THe Jurors, &c. do present That whereas A. B, was possessed of two Kine coloured black, of the price of four pound, as of his proper Goods; That W. R. late of S. in the County aforesaid Yeoman, the said two Kine going to the Faire, at P. to be sold, before they came into the said Faire to be sold, did buy and had of the said A. B. out of the Faire to the Forestalling of the said Faire, contrary to the form of the Statute, &c.   

For taking away a Stray.  
Rutland.  
THe Jurors, &c. do present. That whereas A. B. of C. in the County of R. aforesaid, Esquire, in right of his Hundred of V. in the County aforesaid, ought to have, and he, and all the Lords of the said Hundred, by all the time, whereof the memory of man is not to the contrary, have used to have all Beasts which are called Stray, within the Precinct of the said Hundred; Nevertheless one B. D. late of &c. knowing the same to be true, the 〈…〉 day of 〈…〉 in the year, &c. at L. within the Precinct of the said Hundred two Bullocks, price forty shillings then and there found, did take and drive away, and other harms to the said A. B. did, &c. against the peace, &c:   

For engrossing corn growing.  
Northampton.  
THe Jurors, &c. do present, That A B. late of C. in the County of N. aforesaid Yeoman, the 〈…〉 day of 〈…〉 in the year, &c. did buy all the barley, to the value of twenty pounds, growing upon twenty Acres of Land at W. in the County aforesaid, with purpose to sell the said barley again, contrary to the form of the Statute, &c.   

For refusing to Watch.  
Derby. ss.  
THe Jurors &c. do present, That whereas A. B. late of C. in the County of D. aforesaid, the first day of June in the year, &c. at L. ●n: he said County was by the Constable of the Town of L. aforesaid, commanded to keep watch, together with other the Inhabitants of the said Town of L. within the said Town of L. from Sun setting of the said first day of June, until the Sun rising of the second day of the same month of June, next following, according to the form of the Statute in that case, made and provided. Nevertheless the said A. B. the Laws of this Nation, not regarding at L. aforesaid, in the County aforesaid, the said first day of June in the year aforesaid to do and keep watch there, did altogether refuse and deny, and made default contrary to the form of the Statute aforesaid; By reason whereof the watch within the said Town of L. was not kept, to the danger of the people of the Common-wealth, and against the peace, &c.   

For taking an excessive distress.  
Devon. ss.  
THe Jurors, &c. do present, that whereas in a Statute in Parliament of H. 3. sometimes King of England, holden at M. in 52. year of his reign, among other things it was ordained, that distress should be reasonable, and not too grievous. And that he which should make unreasonable and undue distresses, should be grieviously amerced according to the access of the said distresses, as in, the said statute more at large is contained, Nevertheless A. B. late of C. in the said County of Devon esquire, not regarding the said Statute the second day of A. in the year, &c. two Oxen, price five pound, of the Goods and chattels of I. A. at N. in the County aforesaid for four shillings in money numbered unreasonably and excessively did distrain and took for a distress. And the foresaid two Oxen, the second day of A. in the year aforesaid at N. aforesaid in the County aforesaid, in manner and form aforesaid, the foresaid unreasonable and undue distress, did make, contrary to the form of the Statute aforesaid, and against the peace, &c.   

For taking a distress in the High Way.  
Rull.  
THe Jurors, &c. do present, That whereas in a Statute in Parliament of H. 3. sometime King of England holden at M. in the 52. year of his Reign, it was among other things enacted; That it should not be lawful for any man then after, for any cause to make any distress out of his own Fee, nor in the Kings High way, nor in the common street without special Authority from the King or his Ministers, as by the said Statute more at large is contained. Nevertheless A. B. of C. in the County of R. aforesaid Gent: not regarding the said Statute, nor the penalty therein contained, the second day of A. in the year, &c. at G. in the County aforesaid, out of the Fee of the said A. B. in the common street there two young Bullocks, price three shillings, of the Good and chattels of I P. then and there in the street aforesaid, being found, and being, did distrain, and for the distress did take, whereas at the time of the distrayning aforesaid, the said A. B. was not a Ministet of the Keepers of the Liberty of England, nor had any special authority to do the same, contrary to the form of the Statute, and against the peace, &c.   

For shooting hail shot in a Hand-Gun.  
THe jurors, &c. do present, That whereas in a Parliament of Ed. 6. late King of England holden at Westminster, in the second year of his Reign, It is among other things Ordained and Enacted; That no person under the degree of a Lord of the Parliament should from thenceforth shoot in any Gun at any bide, or at any other Mark upon any Church, House, or Dove-House, nor that any person should shoot in any place any hail shot, or more Bullets then one at one time, upon pain of forfeiting ten pounds for every time in which he should offend contrary to the said Statute, and imprisonment of his body by the space of three months as in the said Statute is more at large contained. Nevertheless one I. T. late of &c. not considering the said Statute, nor fearing the penalty therein contained, the day of in the year, &c in a certain hand Gun charged with powder and hail shot at a certain Duck in a certain Pond in a common Field, called Nether Field of D. in the County aforesaid being, did shoot and discharge hail shot then and there at the said Duck, contrary to the form of the Statute aforesaid.   

For breaking and digging the soil where another hath Common of Pasture.  
Lanc.  
THe Jurors, &c. do present, That whereas R. B. Gent. the fifteenth day of July, in the year of our Lord God, 1649 and long before, and always hitherto, was seized in his demesre, as of Fee, of, and in one messsage, and twenty Acres of Land, six Acres of Pasture, &c. with the Appurtenances in M. in the County of Lanc. to which Tenements the said R. B. the said fifteenth day of July, in the year 1649. aforesaid▪ and also long before, and always after, until this time hath had, and now of right ought to have common of Pasture every year, and at all times of the year, with all, and all manner of cattle in four hundred Acres of Pasture, called the Hay in M. aforesaid in the County aforesaid. Nevertheless A, B. late of, &c. R. C. D. &c. and E. F. knowing the premises to be true, contriving and devising how to disinherit the said R. B. of his Common aforesaid the said fifteenth day of July, in the year 2649. aforesaid, at M. aforesaid into the Common aforesaid, with force and arms, &c that is to say, with Spades, Staves and other weapons, did riotously unite, and unlawfully assemble themselves together with intent to disturb the peace of the Keepers, &c. and so being united and assembled then and there with force and arms, and riotously into the said four hundred Acres of Pasture did break and enter, with intent to dig the soil of the said four hundred Acres of Pasture and the 〈…〉 day of June, in the year 1649. aforesaid the soil of the said 400. Acres of Pasture aforesaid did dig and turn up, by means whereof the said R. B. his Common of Pasture aforesaid in the said four hunidred Acres of Pasture from the said 〈…〉 day of I. in the year 1649 faoresaid until the day of the taking of this Inquest hath lost, and other harms so him did, to his great damage, contrary to the orme of the Statute, &c. and against the peace.   

For taking Conies in a free Warren in the Night.  
THe Jurors, &c. do present, That A. B. late of C. in the County of S. Labourer, the 〈…〉 day of 〈…〉 in the year of our Lord 1650. with force and arms, that is to say, with Staves, Bills, bows and Arrows, and other weapons, as well offensive at defensive, the park or free Warren of D. E. at C. aforesaid in the County aforesaid, about the hour of ten of the clock in the night of the same day, did break and enter, and in the same park, or free Warren, with Harriers and Pursnets, without the Licence of the said D. E did hunt, and forty Conies, to the value of three shillings fourepence, of the goods and chattels of the said E. D. then and there found, did take and carry away, to the great damage of the said D. E. and against the peace, &c:   

For conspiracy of Bakers touching making of Bread.  
THe Jurors, &c: do present, That A. B. C. D. E. F. and G. H. of I in the County of L. Bakers, the 〈…〉 day of 〈…〉 in the year of our Lord God, 1652. at I. aforesaid, in the County of L. aforesaid, did meet together, and conspire, and mutually between themselves agree, that a penny loaf of clean Wheat( by them, or any of them from thence forth to be made and sold) should weigh but two pound and six Ounces of Troy Weight, what price soever thereafter the price of a Quarter of Wheat should be, in contempt of the Keepers of the Liberty of England, and the great grievance of the poor people of the Common-wealth, and contrary to the form of the Statute in that case, made and provided.   

For pulling out of Eyes.  
THe jurors, &c. do present, That A. B. of C. in the County of E. Tinker, the 〈…〉 day of 〈…〉 in the year, &c. in a certain place at C. aforesaid in the County aforesaid, called 〈…〉 with force and arms, in and upon one D. T. of C. aforesaid, in the County aforesaid Yeoman, in the peace of God and the Keepers, &c: being, did make an assault, and then and there of his malice forethought with his Fingers, and the nailes of the Fingers of the said A. B: the eyes of the said D. T. feloniously did dig and pull out, against the peace, &c. and contrary to a Statute in Parliament, heretofore held at Westminster in the County of mid. in the fifth year of the Reign of Hen. 4. King of England, &c.   

Salop. ss.  
THe jurors, &c. do present, That whereas by a Statute in Parliament of Hen. 4. sometime King of England held at Westminster, in the fifth year of his Reign, It was Ordained, That Malefactors which should cut out the Tongues, or pull out the Eyes of any of the liege people of the King, the same being found, and in due manner proved to be done of malice forethought, should incur the pain of Felony, as in the said Statute is more at large contained: Nevertheless one A. B. late of C. in the County of S. aforesaid Labourer, not fearing the penalty in the said Statute contained, the 〈…〉 day of 〈…〉 &c. in the year, &c. with force and arms feloniously, and as a fellow of the Keepers of the Liberty of England, lying in wait in his malice forethought, came to H. in the County aforesaid, and in and upon one N. M. then and there in the peace of God, &c. being, did make an assault, and him did beat, wound, and with a Knife of the value of six pence, which the said A. B. in his right hand then and there held, the Tongue of the said N. M. then and there feloniously did pull and cut out, against the peace, &c.   

For Hunting in a park in the Night with Doggs and Buck-stalls.  
Stafford ss.  
THe jurors, &c, do present, That A. B. of L. in the County of S. aforesaid, C. D. of L. aforesaid, in the County aforesaid Gent. and R. B. of L. aforesaid Yeoman, the 〈…〉 day of June, in the year, &c. about the hour of twelve of the clock in the night of the same day, having gotten unto them many other Malefactors, disturbers of the peace, to the jurors unknown, with force and arms, that is to say, with Staves strengthened with Iron, bows and Arrows, Swords and Daggers, and other weadons, as well invasive as defensive. The Close and park of F. G. Esquire at H. in the said County of S. unjustly did break and enter; and the Deere of the said F. G. then and there in the said park couchant and feeding, with three Grey hounds and a Buckstall which in the said park they held injuriously did hunt and chase, and one Buck then and there with the Greyhounds aforesaid riotously did take, kill, and carry away, against the peace, and contrary to the form of the Statute, &c.  
No man shall be taken or imprisoned for Vort nor Venision unless he be taken in the manner, or indicted; in which Case he shall b● bailed by the Guardian of his Office, or otherwise by Writ. Fitz Nat. Br. fol. 67.   

For a Labourer keeping a Greyhound.  
Stafford. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County of S. aforesaid Labourer,( being a Lay-man) from the Feast of St. Bartholomew the Apostle, in the year of our Lord, &c. continually until this day of the taking of this Inquest, at C. aforesaid, in the County aforesaid, had, and did keep a Greyhound, to hunt and chase Hares and Conies. And that the said A. B. the 28. of August. in the year aforesaid, one Coney of the value of four pence in a certain Close of I. S. called the coney Close, within the Parish of C. aforesaid in the County aforesaid, did hunt and kill; whereas the said A. B. never had Lands or Tenements of the clear yearly value of forty shillings. In contempt of the Keepers of the Liberty, &c. and against the peace.   

For using more Trades then one, upon the Statute of 3. Ed. 3.  
THe jurors, &c: do present, That whereas in the Statute in Parliament of Ed 3. late King of England after the Conquest, in the third year of his Reign holden; among other things it is Ordained and Enacted, That Artificers and people having a Trade or Occupation, should hold himself to his own Art, and that no man should use or exercise any other then that which he hath chosen; And if any man should do otherwise, he should be punished by Imprisonment of his body, and should pay Fine and ransom to the King, as in the said Statute is more at large contained; Nevertheless, one A. B. of C. in the County of S. aforesaid Milner, the Statute aforesaid not regarding, nor fearing the penalty therein contained, from the second day of July, in the year of our Lord God, 1650. until the tenth of August, in the year 1651. as well the Art of a Milner, as the Art of a Baker at C. aforesaid did keep, &c.   

For seducing an Apprentice from his Masters Service.  
Stafford. ss.  
THe jurors &c. do present, That I. H. of W. in the County of S. Baker, was retained as a Servant and Apprentice unto R. B. of W. aforesaid Baker, the tenth day of May, in the year of our Lord God, 1652. for the term of five years then and yet to come. Nevertheless I. W. late of W. aforesaid in the County aforesaid Baker, knowing the premises to be true, the 20th. day of Octob. in the said year 1652. the same I. H. at W. aforesaid in the County aforesaid from the said R. B. did craftily and fraudulently entice and seduce W. whereby the said R. B. the service of the said I. H. did wholly lose, to the great damage of the said R. B. and against the peace.  
If a man retain a Servant of another man, not knowing that he is retained in another mans Service, he shall not be punished for it, if he keep him not after notice thereof. Fitz. H. Nat. Br. fol. 168.  
If a man be retained in service, and go out of his Service as a Vagrant, another may compel him to serve, because he is out of service. Idem. Ibi:  
The Lords of Towns, or the Justices of the Peace may command Vagrants to Prison if they will not serve, and they command the gaoler to let them go at large without any other Writ. Idem. Ib.  
If a Servant be retained in Winter to serve, and after he will depart from his Master in Summer, and to serve in another place, then he whom he served in Winter shall have a Writ to compel him to serve him in the time of Summer. Idem. fol. 168. A. the form of which Writ is there set down.  
An Infant of twelve years shall be bound by his Covenant to serve in Husbandry. Idem. Ib D.  
And a woman of that age shall likewise be bound to serve her Covenant. Idem.  
Of Which you may see more there.  
If a Servant will not serve his Master by the Statute 24. Ed. 3. ca 9. he shall be arrested and committed to the gaoler, and if he let him go at large, he shall forfeit ten pound to the King, and five pound to the party; and if the gaoler let such party go at large, the party who would have retained him shall have an action of debt against the gaoler. Fitz. H. Nat. Br. fol. 122. A.   

Of Conspiracy and confederacy.  
TWo were Indicted of confederacy, each of them to maintain the other, whether their matter were true or false, and although nothing was supposed to be put in ure, yet the parties were put to answer, forasmuch as the thing was forbidden by the Law. 27. lib. Ass. Pla. 44.  
In the next Article of which Book it is said, that enquiry shall be made of Conspirators and Confederators, which binds themselves together falsely to indict or acquit.  
The incidents of which confederacy vid. Exposition of the Terms of the Law. fol. 73.  
A man may have a Writ of Conspiracy upon an Indictment before any Mayor or bailiff of any City or burrow, who have power to deliver a Goal within their City or borough, if he be acquitted before them, for this acquittal dischargeth him of the Felony, but a Writ of Conspiracy lieth not against the Indictors themselves. Fitz. Nat. Br. f. 115. c.  
If a man be falsely Indicted of Felony, and afterwards by Act of Parliament a general Pardon is granted of all Felonies, &c. Now the party shall not have a Writ of Conspiracy, although he will pled to the Indictment and is acquitted, and he will not pled the Act, &c. because his life was not in jeopardy, and the Felony was discharged by the Act. Fitz. Nat. Br. Ibidem. G.  
If a man be Indicted or appealed of Treason or Felony, or Trespass in a foreign County, &c. and be acquitted thereof, he shall have a Writ of Conspiracy against him who procured him to be Indicted or appealed: Stat. 8 H. 6. cap. 10.  
If the principal, and one as accessary be Indicted of Felony, and were taken and arrested, and the principal is Indicted— now for this the accessary is discharged, and shall thereupon have a Writ of Conspiracy against them who did conspire to Indict him. Fitz▪ Nat. Br. fol. 115. A.   

Mich. 17. Car.  
A Man was bound to keep a Parish harmless from a Bastard Child, and for not performance therof, the Obligee brought and action of debt upon the said Bond, and the Defendant pleaded, That he had saved the Parish harmless; The Plaintiff replied, and shewed, that the Plaintiff was warned before the Justices of the Peace, at the Sessions of Peace, and was there Ordered to pay so much for the keeping of the Child▪ and because the Defendant had not saved him harmless, &c. The Defendant pleaded nul tiel record. upon which the Plaintiff demurred, and here were two things resolved. 1. That the plea nile tiel record. is not good, because that an Order of the Sessions of the Peace is a Record. 2. Judgement ought to be given for the Plaintiff, because the Defendants bar was not good, in that he hath pleaded in the affirmative that he hath saved the Parish harmless, and doth not show how, as he ought to have done, but he ought to have pleaded non dum inficatus, which had been good without further showing.  
Though this matter be not merely criminal, nor seems to concern the Peace, yet because it hath some relation to the Justices who are the Conservators of Peace, I think it was not altogether improper to insert it.  
And now having made a collection of sundry Presidents of Indictments, some of which may not perhaps hold Water, nor abide the criticisms of the Law; I have therefore thought good, for the benefit of such whom it may concern, to set down some Judgements taken out of the Reports of some of the grave Judges, concerning some defects in Indictments and appeals, upon which they have been quashed, and some against which exceptions have been taken, and yet adjudged to be good; and some upon which no resolution was given upon the Exceptions, whereby the variety of Opinions may be seen.   

Mich. 2. Jacobi in the Kings Bench.  
SIr Henry Danvers was Indicted by the Coroners Inquest for the death of Henry Long. which Indictment saith, That the said H. D. Quoddam tormentum vocat adag ad valenciam 6. s. 8. d. cum pulvere & pelletto onerat, charged with powder and a Bullet of led, &c. felonice voluntary, & ex malitia sua praecogitata exoneravit, Anglice did discharge, dans idem H. L. ad tunc cum pelletto plumbeo pred. unum mortal vulnus in & supper anteriorem partem corporis ipsius H. L. subter sinistram mamillam ipsius H. L. totaliter penetrans in & per corpus dict. H. L. de quo qu dam vulnere idem H. L. instanter obiit.  
Upon this Indictment the said Sir H. D. was outlawed, and brought a Writ of Error to reverse the outlary, and six Erros were assigned, five whereof were not allowed, and therefore I forbear to mention them. But the sixth was the main Objection, which was, because in the Indictment the word percussit was wanting; the words of the Indictment being, That predict. H. D. quoddam tormentum cum pelletto plumbeo onerat, &c. in & supper ipsum H. L. exoneravit dans eidem H. L. ad tunc & ibidem cum pelletto plumbeo pred. extra tormentum pred. per ipsum demisso unum vulnus mortal. And it was said, that albeit the word percussit was wanting, yet here was tantamount, and in the rule of the Law and Reason, non refert quid de equipollentibus fiaet; and for that it appeared, that H. D. tormentum cum pulvere & pelletto plumbeo pred. in ipsum H. L. exoneravit dans eidem H. L. &c. cum pelletto plumbeo, &c. unum vulnus mortal; by which it appeared to the Court that the said H. D. was the cause 〈…〉 of the wound, and upon the matter, gave( in this manner) the wound, and it was said, That percussit is not properly said, but when one with his hand, or with some weapon which he holds in his hand, strikes another, and not when one gives a wound by a mean, as out of a gun with a Bullet, or of a Bow with an Arrow, the Verb percutio being derived or compounded( as it was said) of per and quatio; but it was nevertheless resolved by the whole Court, that for this cause the Indictment was insufficient, the further reasons, whereof you may see in the fifth part of Sir Ed. Cookes Reports fol. 120. in fine.   

Pasc. 23. Hen. 7.  
SCott came to the bar, and shewed, how one Richard Lewsam was indicted, for that he apled, and name himself to be servant to Sir matthew Brown Knight, against the form of the Statute made in the time of the King that now is, and upon this Indictment moved the Court that the same was not good, because he shewed not in the Indictment the place where be name himself to be his servant, and for this cause the Indictment was not good, in the Opinions of Fincux, Tremaile, and Brudenel Justices. Kelwayes rep fol 98.   

Trin. 23. Hen. 7.  
ONe was indicted that such a day and year at Mid-Hurst in the County of Sussex vi & armis clausum ipsius David own militis fregit & duos retes ipsius David ad valent. &c. apud Mid-Hurst pred. felonice cepit & asportavit; and when the prisoner was arraigned at the bar, the said Sir David put in an appeal upon this Indictment by sergeant Grevill, and declares, that upon the Bill of appeal, which was made according to the words of the Indictment; Whereupon caril, who was of council with the fellow, defends the wrong, and force, and all that was supposed to be against the peace &c. And when he came and demmanded Oyer of the Bill, he said that the Indictment is not good, upon which the appeal is founded, because that no day is limited in the Indictment when the Felony was done, there is no day limited but for the Trespass done, which shall have no relation to the Felony. And also Retes is no latin word upon the declining, but if it had been false latin it might peradventue have been amended.  
To the first point Grevill said, that it was good, and all the Court agreed, That if the Indictment were Retes vocant nets, so that it might have perfect sense it had been good, and the chief Justice thought, for that the word Retes could have no other construction nor sound to any other thing but Nets, that therefore, it therefore was good; and the Opinion of the Court was, That for the variance between the appeal and the Indictment for the surplusage, that the appeal was good, and thereupon pleaded not guilty, Kel. Rep. fol. 100.   

An Outlary avoided upon an Indictment, Mich. 27. H. 7.  
GIles Brugges of Coverley in the County of gloucester Knight, who by the name of Giles Brugges late of the Parish of St. Martins in the Fields, in the County of mid. Gent. by John Pauncefoote Sheriff of the County of gloucester by virtue of the Kings Writ to him directed, was taken and Arrested, and being in prison, brought to the bar, was committed to the Marshall, and being presently demanded what he could say for himself, why they should not proceed to the execution of the Outlary; he said, That he is, and at the time of the said Indictment taken, upon which the Outlary aforesaid issued, and also before the time of the pronuncing of the said Outlary and before, and long after was, and yet is, Giles Brugges of Coverlay in the said County of gloucester Knight, and by that name, and surname by the same time was always called and known; And prayed Judgement, that he, as well from the Outlary, as from the said Indictment might be discharged, and was by the Court dismissed. Kelw. Rep. fol. 101.   

For breaking Prison.  
IN the Kings Bench, A. was Indicted for Felony, for that where a Woman was committed to the goal for Felony, and strong Fetters upon her legs; the said A. feloniously came, and brook the prison, such a day and year, and opened the Lock of the said Fetters, and abetted and commanded the said Woman to go at large. And for as much as by the said Indictment it did not appear, that the same woman went away out of the prison, or escaped out of the prison, it was adjudged no Felony, For if a man come to a Prison, and set open the prison door, and saith to the Prisoners which are within, come forth of Prison, and none of them escape, it is not Felony, but if any Prisoner escape, then that man that so did is a fellow, Mich. 21. Hen. 7.   

Indictment in a Leete Quashed.  
ONe was Indicted before the Steward, of a Leete of Felony done in Dale; and because the Indictment did not suppose Dale to be within the Jurisdiction of that Court, the party was dismissed by the advice of all the Justices. 22. H. 7.   

Pasc. 5. Ed. 6.  
IN the Kings Bench, A man was Indicted of murder, and the Indictment was De eo quod ipse tali Die & Anno, &c. apud C. in predi. come. B. in sultum fecit, & ipsum B. cum quodum cultello praecii & ipsum D. felonice percussit, occidit, & murdravit, without saying ex malitia praecogitata, or without showing in certain the place where the Murder was done, or such words ad tunc & ibidem. And by the Opinion the Indictment was voided for default of the place, because the assault might be in one place, and the murder in another, for they are of divers natures. But not for the other cause scil. ex malitia praecogitata, for murdravit ex necessitate implies it, as furatus est implies. Felony. Dier fol. 68. 〈…〉 yet vid. fol 99. where it is said, words ex malitia sua praecogitata ought to be in the Indictment. Quere.   

Mich. 13. and 14. Eliz.  
AN Indictment was removed in the Kings Bench ( scili.) Quod ex malitia praecogitata A. B. in C. D. insultum fecit & ipsum C. D. felonice percussit, dans ei unam plagam mortalem de qua languebat per 7 dies & 8. die ex plaga pred. obiit. without saying. Et sic pred: A. B. predict. C. D. felonice murdravit, so this word murdravit failed in the Indictment, and whether this shall be adjudged Murder or but Manslaughter was the doubt, by the general pardon in Parliament last past, in which Murder is excepted; at length it was adjudged by the Justices of the Kings Bench, that without the word murdravit it is but Manslaughter, and the general pardon allowed by Catlin. Dier, fol. 302.  
No appeal shall be abated so slightly as before time: But if the Appealor declared the Fact, the year, the day, the hour, the time of the King, and the Town where it was done, the appeal shall stand, and shall not abate for want of fresh svit so it be within a year and day. Stat. Glou. cap. 9.   

Oxon.  
AT the Sessions of the Peace holden at Oxford before Richard Kent Mayor, &c. Justices of the Peace of our Lord the King, and Justices of the same King there, for divers Felonies, Trespasses, &c. within Oxford and the Suburbs of the same, &c. Item the jurors find, That one A. such a day and year, &c. with force and arms, the Clo●e and M●adow of the Mayor and Burgesses of the Town of Oxon called Portmans Heath mead at Oxon, in the County of Oxon, did break, &c. and because he said not at Oxon within the jurisdiction of this Court; and although that Oxon be written on the Head of the Indictment, it shall be intended of a thing done at large in the County, and not within a private jurisdiction; but if it had been written upon the head of the Indictment, The Town of Oxon, then the Indictment should have been good, for it should have been intended of a thing done within the jurisdiction, and for this cause the Indictment was adjudged. 12. H. 7. Ter. Mich. in the Kings Bench.   

Trin▪ 20. Eliz.  
A. Was Indicted upon the Statutes. of 1. and 13. Eliz. cap. 1. & 2. of a praemunire, for aiding one B. knowing him to be a principal maintainer of the authority and jurisdiction of the Bishop and See of Rome, with these words in the Indictment, viz. Contra formam Statut. predict. &c. for which he is in prison, and the Indictment certified into the Kings Bench▪ and for default of these words( being expressly mentioned in the said Acts) viz. upon purpose, and to the intent to set forth and extol the authority, &c. It was thought by the greater part of the Iustices( being assembled for that purpose) the Indictment was insufficient, notwithstanding the said words, contra formam Stat. were in the Indictment   

Mich. Term. 40. & 41. Eliz.  
LAncelot Flower was Indicted upon the Statute of 5. Eliz for Perjury, in giving false Evidence to the great Inquest at the Sessions holden at Wisbich, &c. upon an Indictment of Riot, and this Indictment was removed into the Kings Bench, and Flower by the judgement of the Court was discharged of the Indictment. For the Statute of 5 Eliz. cap. 14. hath two Branches; the first is, against procurers of Perjury, and this is in matter depending in svit by Bill. Writ, Action or Information, so that procurement of Perjury upon the Indictment is out of this branch. The second branch( on which Flower was Indicted) is provided against them who commit Perjury by his, or their deposition in any of the Courts above mentioned, or being examined in perpetuam rei memoriam; and although this clause be general and not restrained by any words to such particular suits as the first was, yet in good construction, this branch shall have reference to the former, and shall be expounded by it; for otherwise the party who commits the Perjury upon the Indictment shall be punished by this later branch, and he which subornes and procures him to commit the Perjury shall pass unpunished, which is against Reason, and the intent of the makers of the Act.   

A Man seized certain goods of Frenchmen in the time of War upon the Sea, and brought them to his house, and a stranger, pretending to be Vice-Admirall, with a great multitude of men, came with force to the house where the goods were, and made an assault on them who were in the house; out of which house a Gentlewoman, without any weapon went, and was killed by one of the Servants who came to take the goods, by flinging a ston at another in the gate, and he which came before to take the goods, before his coming, said, he would make him a Cokes that kept the goods, and that he would make him know the basest in his house. And whether the death of this woman was Murder was the question, and the Case was moved among all the Iustices, & Sanders, ● Higham chief Baron, Whiddam, Brown and Dalison, Justices, and Brown and Catlyn Serjeants; the Attorney and Solicitor held, That if it appeared that the woman went in defence of Mansell( whose house was assaulted as it seems) then it was Murder in Herbert( who is intimated to be the offendor) and all his Companions. But brook, Stansord, Morgan, Dyer, and Predeaux, held the contrary, because there was no malice forethought against the woman, and Murder cannot be extended further then it was intended; and the former held, That if two fight by appointment before hand made so to do, and a Stranger who is indifferent come between them to part them, and is killed by one of them, it is Murder in him, and some said in both, but the other part would not agree. Dyer, fol. 128.   

BY Act of Parliament 5. Ed. 6. the Quarter Sessions, in the County of Angelsey in Wales shall be for ever held at Beaumaris only, and not elsewhere, in that County, except for cause of the Plague or other contagious disease, yet without any such cause the Sessions were held at Newburgh within the said County, and forty indicted of Felony. And upon information against those Justices which held the Sessions contrary to the Act of Parliament, it was adjudged that all those Indictments were Coram non Judice; and vide Dyer. fol. 135.   

Trin. 12. H. 7.  
UPon an Indictment in the Kings Bench Segwick came to the Bar, and said, That one I. S. of D. in the County of Cumberland Husbandman, was indicted of Trespass, for that such a day, year, and place, with force and arms, made an assault and affray upon one John, Parish Priest of the Church of D. in the County aforesaid, and it seems to me that the party should be discharged upon this Indictment, for that he upon whom the assault was made had not any surname, so that he cannot be certainly known, and took some difference where the Jury took Conusans of the part of the name of the person upon whom the assault was made, and where they took no Conusans of the same person to no intent, and as it held in our Books that the Indictment had been good that I. S. in such a County Husbandman, did kill or rob quendam ignotum. But where they take Conusans of part of the name of him of whom the assault was made, they ought to find the certainty of the whole; and if the party shal be compelled to answer to this indictment, then he may be indicted afterwards for the same Trespass by the right name, and so shall make a double fine. But the Court Fineux being chief Justice, the indictment was held good, & shewed how the party might avoid a second indictment if it should happen; Kelwayes Reports, fol. 25.   

Mich. 12. and 13. Eliz.  
JOhn Coniers Gen. was indicted de proditor. ●c●ptatione auxilio & consolatione Cujusdum jo. Fairfax Gent. scirus ipsum Jo. Fairfax falso & prodito●ie diversas perias monete de falfo meta●lo ad similitudinim bone & legalis monete Anglie vocat Shillings contrafecisse & fabricasse. And upon the arraignment he was found guilty, and the Justices would not proceed to Iudgment of Treason upon the Indictment, because it was but misprision of Treason. Dyer fol 396.   

30. Eliz.  
ELlen lamb brought an appeal of Rape against R. P. before the Iustices of the Gaole Delivery at Newgate, to which he pleaded not guilty, and was found guilty by a jury of London, and remained in Prison without Iudgment, and he is known to be a clerk, and also that he is Bigamus and yet, as the Law is, he might have his clergy per omnes Justiciar. And now by the command of the Queen the Iustices were required to give their Opinion before the Lord Keeper upon certain Exceptions and doubts moved to the Court upon the appeal. 1. Quod tali Die & anno parochia & Warda predi. &c: felonice rapuit, & eam defloravit, & carnaliter cognovit, without saying Felonice. 2. It was not averred in fact that she assented not to the Rape bofore nor after; in which case the suite is given to the party by the Statute of Westminst. 1. cap 34. and otherwise it is given to the King by way of indictment only. 3. For that in the Conclusion of the Count it is not supposed to be Contra formam Statuti. 4. If he be delivered as a clerk convict to the Ordinary, whether he shall be without purgation; and whether the Queen might pardon the burning in the hand or not? But no resolutions were given to these Questions. But P. found favour with the Queen whom he had served before she came to the Crown, and delivered him from prison, and went out of the realm. Dyer fol. 202.   

Pasch 35. Eliz.  
WEtherell brought an appeal against Darly of Murder, the Defendant pleaded not guilty, and was found guilty of Manslaughter, and had his clergy; and afterwards he was indicted of Murder, and thereof was arigned at the Queens svit, and he pleaded the former Conviction in the appeal at the svit of the party, and it was adjudged a good Bar, and the reason is, because the life of a man shall not twice be put in jeoperdy for one offence. Co. 4 Rep. fol 40.   

WArneford of the Temple was sued upon an appeal of Murder, brought in the County of Wilts, and the Writ was ad respondendum A. B. alia. dict. fratri & heredi. of him that was murdered. And it did appear upon the Count that the stroke was given in come Wilts, and that he languished three weeks in D. in come. Berks: & ibidem obiit & sic predictus defendens die & Anno supradictis apud C. pre. felonice interfecit & murdravit. And upon this appeal the defendant was discharged, for the plaintiff is not name brother and heir in the substance of the Writ, but only in the alias dict. brother and heir, for his very name, and the name by which he ought to bring the Writ, ought to be put before the alias dictus, as to answer to A. B. Brother and heir, &c. alias dict. &c: and so it was moved, that the Conclusion of the Count was repugnant to the Premises, for he was not murdered, die quo percussus fuit, for he lived three weeks after— But of that the Iustices and Serjeants were in some doubt. But upon the first cause the defendant was discharged. Dyer fol. 50.   

Mich. 32. and 33. Eliz.  
KAtherine Hume, brought an appeal of murder against Luke oil for the death of A. H. her Husband, and declared that the defendant 27. Sept. gave a mortal wound at Weetwood in the County of Northumberland, and that the said A. H. the same day of the wound aforesaid at Williborne in the said County died, & sic predict. Lucas oil apud Weetwood predict. modo & forma predict. the said A. H. felonice &c. murdravit. And it was resolved that the Count was repugnant and insufficient, for as it cannot be said that he murdered him the first day( as it was in another case) so it cannot be said that he murdered him at the place where he was struck, but where he died.   

Pasc. 39. Eliz.  
John Goffe, brother and heir of R. Goffe, brought an appeal of murder of the said Rich. Goffe against Bibithe as principal, and against Howel David as accessary before, and against David ap Thomas as accessary after. The principal pleaded not guilty, and by Nisi prius in the County of Monmouth, he was found guilty of Manslaughter, and nor guilty of Murder, and had his clergy, and it was resolved by Popham, and by the whole Court, that howel David was discharged, because one cannot be an accessary before the Fact in case of Manslaughter, for Manslaughter must ensue upon sudden falling out, or affray, for if it be premeditated, it is Murder, and the same Law is, if the principal upon his arraignment confess the Felony, and before judgement obtain his pardon, or have his Clergy, the accessary is thereby discharged. Co. Rep. 4 part 4. fol 43.   

Hillar. 30. Eliz.  
JNquisitio capta ad Sessionem pacis &c. in come. Surry tent. die martis & die mercurii, &c. and recites the Statute of 8. H. 6. of a forcible entry, and misrecites it in some points; and this indictment was quashed for two causes. 1. Although the Sessions may endure two or three dayes, yet the Record ought to mention, that the Sessions were held at one certain day. 2. And for that the Statute of 8. H. 6. was misrecited in a material point. And therfore it is no policy in such Indictments to recite the said Act of 8. H. 6. for the recital thereof is not necessary, and the misrecitall thereof is fatal to an indictment, and therefore the sure way is to draw the Indictment with Conclusion Contra formam Statuti &c and with no recital of the Act. Co. Rep. 4. part. fol. 48.   

Pasc. 9. Eliz.  
IN an appeal of death, the plaintiff declares of Felony and murder, ex insidiis insultu & malitia praemeditatis & praecogitatis, &c. The Defendant pleads not guilty to the Felony 
Appeals.  and Murder, &c. And by Nisi prius it was found not guilty of the murder, but guilty of the death ( scil.) of the felonious killing, &c. and now in the Kings Benc●, it was doubted, if upon this Verdict the Defendant shall be discharged of the appeal, although he could not red as a clerk, or not. And note that the Verdict by the Postea was, Quod def. non est culp. de murdro infra nominato &c. modo & forma prout. pred. querens interius versus cum narravit, said iidem Juratores dicunt quod pred. def. die anno & Loco infra contrut. felonice interfecit pred. T. B said non ex malitia sua praecogitata— & postea petiit librum. But the Quere was, whether the Queen could pardon the burning in the hand,( for the imprisonment she could) because it is the execution of the party in the appeal, and he shall be convict without purgation made during his life. Et vide M. 13. Reg. nunc. That without this word Murdravit in the Indictment, it shall not be adjudged murder, although the words ex malitia praecogitata & voluntary & felonice interfecit be in. per Catlyn, Dyer, fol. 161.   

Mich. 33. H. 8.  
IN the Kings Bench, the Case was, A woman had poisoned her Husband in Devon, which offence was made Treason, about 31. H. 8. And by a general pardon granted by Parliament in the 32. year, the offence was pardonned; now the Son brought an appeal of murder against the wife( who as it should seem was his mother in Law) and whether the appeal would lie was the Question. And it seemed to some, because the offence is made Treason it drowns every less offence, that is, the offence of murder, which was before at the Common Law, and so the offence not punishable as murder but as Treason, and some others thought otherwise. But the Opinion of the Justices was, that the appeal was not maintainable. Dyer fol 50.   

Mich. 12. and 13. Eliz.  
ONe Stanley Prisoner in Newgate was indicted of murder of I. S. and was thereupon arraigned, and pleaded not guilty, but was found guilty, and immediately the wise of I. S▪ entred an appeal of death, to which Stanley pleaded by council, that the plaintiff, after the death of her Husband, took another Husband( without showing his name) at Exeter, which was a foreign plea; to which the Plaintiff replied not, and so the matter depended for a year, and afterwards by Certiorare, the Indictment and all the proceedings thereupon were removed into the Kings Bench, and the Prisoner also; and he being asked wherefore Judgement should not be given against him upon the same Virdict, he pleaded the whole matter above, & that the Appeal is yet depending, to which the Queens Attorney pleaded nul tel record▪ and no continuance of the appeal hath been after the foreign plea pleaded, which is now more then a year past And afterwards this term the wife was Nonsuit in her appeal; whereupon judgement was given that Stanley should be hanged by the neck upon the Indictment and trial Dyer. fol. 296.   

Hillar. 28. Eliz. in the Kings Bench.  
RIchard Vaux brought an appeal of Burglary against Thom brook, and declared that the defendant, domum mansionalem predict Richardi Vaux fefelonice & burgaliter fregit, &c. And the defendant pleaded not guilty, and by a Jury of the County of Buck. he was convict of the Felony and Burglary aforesaid, and in Arrest of Iudgement, it was moved by the defendants council, that the Count was insufficient. For the word Burgaliter was not of any signification, but the Count ought to have been Burglariter or Burgulariter, and the offence is called Burglary, or Burgulary and not Burgale, and it was resolved by the Court that the Count was insufficient, and thereupon the party was discharged, Co. Rep. 4. part. fol. 39.   

TErmino Pasc. 31. and 32 H. 8. John Giner was indicted before the Coroner supper visum corporis, for the death of Emelin Giner his wife; And the Indictment was, that the said Emelin was in place domini Regis quousque antedict. Joh. Giner viz. praefate, Emelin Giner de Hanbrige predict. in come. predict. Yeoman. And whether these two additions of the Town and name might be understood to refer to John Giner or to his wife, this moved in abatement of the Indictment, for ad ultimum antecedents fiat relatio: and the Case in 9. Ed. 4 was cited, where a man was indicted of Felony by the name of I. S. of D in the County aforesaid, servirus W. B. in eodem come. Yeoman, and for want of sufficient addition to I. S. he was discharged of the indictment, for Yeoman ought to be referred to the Master and not to I. S and Servant is not a sufficient addition by which &c. And there was a president in the Kings Bench about Mich. Term. 15. or 16. Hen. 8. before Fineux, That one Sibilla Batersby nuper de T. in come. Ebor. uxor Joh. Batersby nuper Spinster was indicted of Felony and Murder, and for default of addition she was discharged, for Spinster shall have relation ad ultimum antecedents, and for another cause the Indictment was excepted against, for it may be well understood by the Indictment that the wife was not killed, but is alive, and so is repugnant in itself, because the said John Giner is called vir praefatae Emeline, where it should have been nuper vir, for vir is correlative to wife, for one cannot be a husband but in respect of his wife, therefore it shall be intended, that the espousals still continue, for which causes, &c. And the Justices were a long time in doubt, but the better Opinion was, that notwithstanding the exception, the Indictment was good enough, and it could not be otherwise understood but that the word( Yeoman) had reference to the husband, &c. Dier Rep. fol 46.   

3. Eliz.  
AT Cambridge assize before Catlyn and Brown Justices, they caused an Indictment for the Murder of an Infant 
Murder▪  female child immediately after the Birth, against the Mother thereof, and the Midwife, and against one George Parker, who begot the said child in Adultery, as accessary, in malicious procuring of the said Murder before the birth; the Mother and Midwife were arraigned as principals, and found guilty, and condemned, and Parker as accessary before the Fact, and Parker was also condemned and hanged, although he was a clerk pro procuratione predict. Dier fol. 186. Where you may see the Indictment at large.   

Trin. 36. Eliz. in the Kings Bench.  
John arundel Esquire, was indicted of the Murder of one William Parker, and the Murder was adjudged to be done apud civitatem Westm. in come mid. in quadam platea ibidem vocat Kingstreet in parochia saint Margarete in eodem come. mid. And to this Indictment arundel pleaded not guilty, and for the trial of this issue, a jury was returned de viceneto civitatis Westminst. and the jury found the defendant guilty. And inarrest of Iudgement it was shewed that visur ought to have been out of the Parish, not out of the City. And upon this doubt all the Iustices met at Serjeants inn, and after many Arguments, it was resolved that the trial was insufficient, and a new Venire facias awarded to try the issue again. For his life was never in jeopardy. Co. Rep. 6. part. fol. 14.   

AN Indictment was, That Eliz fuit in place dei, &c. until A: the husband of the said Elizabeth of D. in the County of S. Yeoman did murder her, and it is good, for Yeoman is the addition of a man only, and because the Town must of necessity have reference to the husband. But an Indictment against A. S. de D. in come. S. uxor. I. S. Spinster, &c. is not good, because Spinster being an indifferent addition for man or woman, it ought to refer to I. S. which is the next Antecedent, and so the woman had no addition.  
Indictment against I. S. Servant to I. D. de D. in come. mid. Butcher &c. is not good, for servant is no addition, and Butcher refers to I. D. which was the next Antecedent.   

John Price was indicted of the death of a man se defendendo at Shaftsbury, in the County of Dorset, and Iustice Frowick, was clear of Opinion to have him discharged, and it seemed that the Statute of Gloucester held no place in this Case, but where he is first indicted, did he, did the murder felonice, and the special matter by Verdict, there the King shall do him favour. But it seemed where special matter is found by indictment, he shall never be charged to answer the indictment, nor shall forfeit his goods. And afterwards in Mich. term, 19. H 7. He propounded the Question to the Iustices of Westminster; and the Opinion of all the Iustices of England was, That he must be arraigned in this Case and shall be put to sue forth his Charter of pardon, whereupon he caused the indictment to be put into the Kings Bench, and there he pleaded his pardon, and in the mean time he went upon bail; and this was before Frowick and butler Iustices of the goal delivery at Shaftsbury. Kel. Rep. fol. 53.   

An Indictment voided and quashed.  
AN Indictment was held voided where any of the Indictors were outlawed of Felony at the time of the indictment; and the Indictee alleged it upon his arraignment, where properly it ought to have been alleged before the Inquest was taken, yet the exception was allowed and the indictment adjudged voided. Hill. 11. H. 4. fol. 40. Indict 25: and so it is if the Indictors be excommunicate.  
William Vesey was indicted for erecting a Dove-house: It was moved that the indictment was insufficient, the words were, That he, erexit columbare vi & armis ad nocumentum commune, and that he was not Dominus manerii, nor Rector Ecclesiae, and the indictment was quashed, because it was not contained in the indictment that there were Doves in the Dove-Cote, for the mere erecting of a Dove-Cote if there be no Doves in it is no nu●●ns, and so was it held by the Iustices.   

Trin. 21. Jac. in the Kings Bench.  
four several men were indicted for erecting and keeping four several Inns in Bath; it was moved that the indictment was insufficient, because the offence of the one is not the offence of the other. Dodridge said, one indictment may comprehend several offences if they be particularly laid, and then it is in Law several indictments. It may be intended, that the Inns were lawful Inns, for it is not laid to be ad nocumentum, and therefore not punishable, unless if it be an annoyance and inconvenient for the Inhabitants, otherwise it is a thing lawful to erect them. And because there were not the words ad nocumentum, the indictment was quashed.   

Pasch. 3. Car: in the Kings Bench.  
DAy was indicted for erecting a Cottage. It was moved. 1. That the indictment was insufficient, for that the words of the Statute are, Shall willingly uphold, maintain and continue; and the indictment is only that he continued, and so wants the words voluntarily upheld, according to the Statute.  
2. It did not appear in the indictment that it was newly erected, for it is only that he continued, not that he erected; and the indictment quashed, because it being a penal Law it was not pursued.   

Tren. Mich. 15. Car.  
IT was moved to quash certain Presentments, because they were taken in a Hundred Court, and therefore Coram non judice. Justice Jones said, that a Hundred might have a Leet appendent to it, and then they were lawfully taken. But Barkley, and the rest of the Court answered, because it doth not appear to the Court whether it were so or not, the Presentments were void.  
Every indictment taken before the Kings Justices in the County Palatine of Lancaster, or before any sheriff in his turn in the said County, whereby any person is supposed by the same Indictment to be or to have been inhabiting out of the said County, and within any other County of England, shall be taken by the Virdict of twelve men, whereof every one of them shall have Lands or Tenements one hundred shillings per annum: And no Process shall be made out of such indictment before it be examined before the Iustices within the said County, whether the said Indictors, and every of them at the time of such indictment taken, had Lands or Tenements within the said County of Lancaster to the yearly value of one hundred shillings above all charges, and if it be found otherwise, the said indictment shall be voided. 33. H. 6. 2.   

Pasch. 15. Eliz.  
JAmes Taverner being a Copiholder to the Lord Crumwell of his Mannor of Northeltham in Northfolk, made a Customary in latin of the said Mannor in Parchment with eleven Labells and seals of his own and other Tenants of the Mannor, inserting in it divers customs very false, and tending openly to the disherison, and pretending by the Title of the said Customary to be collected, renewed, and set forth by the consent of all the Freeholders, and Copiholders of the said Mannor, being in number one hundred at least, and allowed and permitted by the Lord of the said Mannor and in the Conclusion. In cujus rei Testimoniu● the Eleven whose names are underwritten have put their seals, the day and year above said, but no day or year appeared in the Title, nor no consent of all the Tenants, nor allowance of the Lord made in truth. And this was proved in Taverners to be done witting, subtly and falsely, to the intent, &c:  
Whether this were a Forgery punishable by the Statute de Anno 5. of the Queen was the doubt, and referred by the Lords to the consideration of all the Judges, whose Opinions for the greater part, were reported by the two chief Iustices to be Forgery punishable by the open and shameful Penance contained in the Statute, which expressly speaks of a Writing sealed as this was, to the intent to benefit themselves and to disinherit the Lord, and accordingly Iudgement and Decree was pronounced this term, and di●ection given in what manner to levy the Levy, the costs and damages, &c.  
Afterwards the Queen pardonned the Execution of the corporal punishment, which is, That the party grieved shall rocover double costs and damages, and that the offender shall suffer upon the Pillory the corporal punishment, and shall also forfeit to the Queen the profits of his Lands, but the plaintiff shall first be satisfied, Dyer fol. 322.   

Pasch. 12. Eliz.  
A Bill of Perjury was sued in Chancery for Perjury there committed, Contra formam Stat. Anno 5. Regin. Mar. and it was doubted, if the defendant will pled not guilty, whether he shall be sworn to his plea, and to answer Interrogatories, as they use in the Star-Chamber, and it was resolved by Catlyn, Dier, Whiddon, and Saunders, that they shall not be examined upon Interrogatories, unless it be so, that the Court of Chancery hath absolute power, and had used to examine Perjuries in that Court before the Statute, for then it is reserved by the last Proviso of the Statute as for the Star-Chamber. And if the Court of Chancery will examine Perjury committed there( as it may by the Statute) it ought to be by latin Bill, and pleading in latin and join issue there, and try it in the Kings Bench, ut in similibus casibus silet.  
In the grand Case of Forgery, touching Sir John Marvins Will, it was moved for a doubt, if one who hath written the Will of one that lieth mortally sick, inserts a Clause or Article in the Will, after the Testator is speechless, and without memory, and did not before command to put in that Clause or Article, whether this were Forgery of the Will, and punishable by the Statute of 5. Eliz. or not, and it was agreed, and resolved by the better Opinion that it was not, nor was it the meaning of the Makers of the Law. Dyer fol. 288.  
These two resolutions concerning Perjury and Forgery, I have thought good to set down the Punishment of both as they are in the Statutes appointed.   

A Man convicted of Forgery shall pay to the party grieved his double costs and damages, and shall be set upon the Pillory in some open Market Town, or open place, and there have both his ears cut off, and his nostrils slit, cut and seared with a hot Iron, so as they remain as a perpetual mark of his falsehood, and shall forfeit to the King the whole issues and profits of his Lands during his life, and shall suffer perpetual imprisonment.— 5. Eliz cap. 14.  
This sentence( as to the corporal punishment) was executed upon one shepherd for forging of Deeds, in the great cause between Sir Joh. Leveson of Kent, and Sir Edward Sackville( since Earl of Dorset) about Sir Richard Levesons Land.   

IF any person either by subordination, or by their own Act, shall wilfully, and corruptly commit any manner of wilful Perjury in any of the Courts mentioned in the Statute, and shall thereof be convicted, shall forfeit to the Queen twenty pound, shall suffer six moneths imprisonemnt without bail or mainprize, and his Oath from thenceforth shall not be received in any Court of Record, until Iudgement given against him shall be reversed.— 5. Eliz. cap. 9.   

Pasc. 16. Eliz.  
THe wife with her servant conspired the death of the husband, and appointed the time and place, and 
Petit Treason.  the husband is killed by the servant in the absence of his wife, and this is petit Treason in them both, though the wife, was not present, by the Opinion of divers Justices, otherwise it is if he were not a servant, but a stranger. Dyer fol. 332.   

Hillar. 2. and 3. P. and Mar.  
A maid Servant, and a Stranger conspired to kill the Mistress, and at the time appointed in the night she let him in at the door, and brought him by a candle unto her Mistress bed where she lay asleep, and the Stranger killed her in her bed, the servant saying, or doing nothing, and whether she were a principal in this death as well as the Slayer, and whether this be Petit Treason in the Servant, for that the principal Actor was but murderer, was the Question: Portman chief Justice, her principal and Traytress, so did brook, chief Justice of the Common Bench, and Hare, Master of the Rolls, but brook, chief Baron, Dalison, and Stamford Iustices held otherwise. Dyer Rep. fol. 128.  
If a servant procure a Stranger to kill his Master, it is not petit Treason in the Servant, because it is but Felony in the principal. 40. Assi. Plac. 25. Finch, lay, fol 6.   

IT was said, That if a man wrestle with another, and the one give the other such a fall, as whereupon he death, this is no Felony, because it was the Act of them both to come together, and the intent of him that gave the fall was not to kill the man, and therefore no Felony; and the same Law is, if a man fling a ston over a house, and kill a man, it is no Felony.  
But in all these Cases he forfeits his goods, and he must remain in Prison until the King have pardonned him according to the Statute of gloucester, cap. 9. For the Statute is, That the King shall show him his Grace if he please. Some men say, that these words ( If the King please) are voided, because the King of Common Right is bound to grant him his Charter of pardon. And it was argued by some, that when this special matter is found by Verdict, that the man was slain by such mischance, that he which did the Act should be presently delivered without his Charter, because it appeared not to be Felony, yet notwithstanding, it was held that he ought to have his Charter, because the King had one of his Realm slain, which is a contempt to him, and therefore behoved him to have a Charter of Pardon from the King.  
26. Lib. Ass. fol. 5. It was adjudged, that where a man had slain another se defendendo, and all the special matter was found by the Verdict, that he went away acquitted without Charter  
44. Ed. 3. Ter. Hillar. in principio. It was there adjudged, that if one strike another down to the ground, and he which was struct down, draw his Knife, and the other which was upon the ground draw his Knife, and he which was st●uck for hast fall upon the Knife of him which was upon the ground, and so slay him, and it was adjudged, that he needed not have his Charter, nor shall lose his goods.  
If in this last Case the party so killing shall not deed his pardon, nor shall forfeit his goods, much less in the former Cases of Wrestling, &c. shall there be any forfeiture of goods, for if no Felony no Forfeiture.  
The Opinion of sergeant Keble was, that if two play at two handed Swords, and the one kill the other, it is not Felony, because the play began by assent of him that was slain. But he said, If a Master correct his servant, the Lord his villain, &c. by force of which correction he dies, although the Master intended not to kill him, yet it is Felony, because it behoves them which give such correction, so to moderate it, that no such mishap may follow. Keb. Rep. casus incerti temporis. fol. 136  
By Fineux and Kingsmell adjudged, That if certain people at London procure one to kill another in a foreign County, who, upon this procurement kill the man in the said foreign County. In this case, those of the County where the murder was done, may indict those procurers as accessaries for their procurement done here in London, because the murder took its beginning by the procurement. And this case was adjudged by the advice of all the Justices of England by long advisement upon the Case of Cressede, and Fineux thought in this Case, that if an abatement be made in a foreign County after the Felony done, that they of the foreign County may indict the abettors as accessary, or otherwise he shall be unpunished. Trin. 20 H. 7. Keb. Rep. fol. 67.   

For Burglary against the principal and Accessaries before and after the Act.  
Cumb. ff.  
THe jurors, &c. do present, That I. D. late of E. in the County aforesaid Labourer, the 10 day of October, in the year of our Lord God 1650. between the hours of 10. & 11: of the clock in the night of the same day at N. in the County aforesaid, the Mansion house of I. B. Esquire, feloniously, and Burglarly did break and enter. Anne the Wife of the said I. B. then in the same house in the peace of God, and the Keepers of the Liberty of England then being, and then and there twenty pound of money of the goods and chattels of the said I. B. then in a certain Chest in the said house being found, Feloniously and Burglarly did take and carry away, against the Peace. And that H. I. late of N. aforesaid, in the County aforesaid Labourer, before the Felony and Burglary by him the said I. D. in form aforesaid committed, and done, viz. the fifth day of October, in the year aforesaid to commit the said Felony and Burglary in form aforesaid did excite, abet and procure, &c. against the Peace. And that R. S. late of N. aforesaid, in the County aforesaid Labourer, knowing the said I. D. the said Felony and Burglary to have done and committed, the said I. D. the— day of — &c. in the said year after the Felony aforesaid, by him the said I. D. to be done and committed at N. aforesaid, Feloniously did receive comfort, and entertain, against the peace, &c.   

Another for Burglary.  
Camb. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County aforesaid Labourer, the tenth day of October, in the year of our Lord God 1652. about eleven of the clock in the afternoon( that is to say) in the night of the same day, at S. in the County aforesaid, the Mansion house of one R. F. Gent. with force and arms Feloniously and Burglarly did break and enter, with intent feloniously to steal the goods and chattels of the said R. F. in the house of the said R. F. then being, the said R. F. and his Family in the said House then and there being, and in great bodily fear put, by the breaking and entering aforesaid, against the peace.   

For breaking a house, and stealing goods in the day time, upon the Statute of 39. Eliz.  
Lanc. ss.  
THe Jurors, &c. do upon their Oaths present, That T. G. late of H. in the County aforesaid Husbandman, the first day of July, in the year of our Lord God 1652 in the day time, between the houres of eight and ten of the clock of the same day, at H. aforesaid, in the County aforesaid, the Mansion house of R. O. with force and arms, Feloniously did break and enter, no person in the same house then being, and then and there, with force and arms, six Pewter dishes, of the value of twenty six Shillings, of the goods and chattels of the said R. O. then and there, in the said house being found, Feloniously did steal and carry away, against the peace, &c.  
Upon an Assembly of all the Iudges at Serjeants inn in Fleetstreet, with the Barons of the Exchequer; It was clearly agreed by them all( but two, who at the beginning made some doubt of it, but that at the end assented also) That in the night, that if a house be broken, with an intent to steal any thing being in the house, although no person be in the house at that time, yet this is Burglary. For the Law is, that every man shall be in security, in the night, as well for their goods as their persons which be in the house.  
And so hath the Law been always put in execution, and in all Books which speak of Burglary, it is not mentioned, that any person ought to be in the house but that it is Burglary, the house being broken in the night, to kill any person there, or to steal any thing out of it; and the cause that of late it hath been put in the Indictments, that some persons was there, &c. hath been, because in such cases of Burglary Clergy was taken away; but now by the Statute of 18. Eliz. Clergy is taken away in every case of Burglary.  
And the ancient Presidents are Quod domum of such a one, noctanter felonice, & Burglariter fregit, without mentioning that any person was then in it, or mentioning that it was domus mansionalis, and it may be a mansion house, though no body dwell in it, Pophams Reports, fol. 42. and fol. 52. where there is a Judgement in the Kings Bench to this effect. Trin. 36. Eliz.   

Pasch. 1. Mar.  
ONe was indicted, Quod Burglariter fregit Ecclesiam in nocte ad spoliandum & depredandum bona parochianorum in eadem existent said nihil abstulit. And it was held clearly by Bromley, that this is Burglary, but he said it should have been fregit & intravit.  
Wray chief Justice said, That if a man have a mansion house, he and all his Family upon some accident are part of the night out of the house, and in the mean time one comes and breaks the house to commit Felony, this is Felony, for though the owner, nor any of his house family be in the house, yet it is domus mansionalis, and the words of an appeal or Indictment are domum mansionalem, predict. R. C. fregit, &c.  
And according to this Opinion it was resolved by Popham chief Iustice, and all the Iustices, That where a man hath two houses, and dwells sometimes in the one and sometimes in the other, and hath a Family or servants in both, and in the night when the servants are out of the house, the house is broken by thieves, that this is Burglary, for the reason given by Wray, Co. 4 Rep. fol. 40.  
Concerning the sense of Burglary, both in principals and accessaries there is very much said in the XI. part of Sir Ed. Cokes Reports, in Pulters Case worthy the knowledge.   

For burning of a dwelling house.  
Linc. ss.  
THe jurors, &c. upon their oaths do present, That I. S. late of W. in the County aforesaid Labourer, not fearing God, nor having him before his eyes, but being lead by the instigation of the devil, the sixth day of August in the year of our Lord God 1651. about four of the clock in the after noon of the same day at W. aforesaid, in the County aforesaid, into the mansion house of one T. R. a coal of fire maliciously, wilfully and feloniously did put, and there with the said coal of fire, the foresaid mansion house, and one barn of the said T. R. there, and six Oxen coloured black, of the price of thirty pounds of the goods and chattels of the said T. R. in the said barn, then and there being maliciously, wilfully and feloniously did burn, destroy, and totally consume, against the peace, &c:   

For Robbing by the High Way.  
Essex. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County aforesaid Butcher, the first day of april 1650. at I. in the said County of Essex, in the high way there, in and upon I. W. then and there in the peace of God, &c. being, did make an assault, and him the said I. W. then and there in great fear of his body did put, and one Clock, coloured gray, of the value of twenty Shillings, and twenty Shillings in money, numbered, of the goods and chattels of the said I. W. then and there found, from the person of the said I. W. then and there with force of arms feloniously did take and carry away, against the peace, &c.   

For a Robbery by the High Way.  
Surr. ss.  
THe jurors, &c. do present, That A. B. late of R. in the County of Surrey aforesaid Labourer, and C. D. of &c. Lab. and E. F. of &c. Lab. the— day of July, in the year, &c. at Red-Hill, in the County aforesaid, in the High Way there, in and upon G. H. Servant to Sir Jo. Compton Knight, then and there in the peace of God, &c. being, did make an assault, and him the said G. H. then and there, in great fear of his body did put, and five hundred pound in money, numbered, of the goods and chattels of the said Sir John Compton, then and there from the person of the said G. H. then and there with force and arms feloniously did take and carry away, &c.  
For recovery of this money, Pasc. 15. Car. Sir John Compton, brought his Action against the Hundred of Elmebridge, for a Robbery done at Redhill, within the foresaid Hundred. The robbery was done upon his man, and five hundred pounds taken from him. And upon the trial, upon some exceptions taken to the prosecution, It was agreed by the Iustices, That although there be a remissness in the party robbed, or that he refuse to lend his Horse to make Hue and Cry, yet this doth not take away his Action, nor excuse the Hundred; and although the party robbed do not know the Robbers at the present time, and therefore take his Oath before a Justice of Peace, as the Statute of ●7. Eliz. hath provided, and afterwards comes to know them, and so he affirm; yet this doth not take away his Action. And it was resolved also, that notice given in one Hundred, five miles from the place where he was robbed it is sufficient, because the party who is a Stranger to the country cannot have Conusans of the next Place or Town. The chief Justice said, That notice given at one Town, and Hue and Cry be at another is good— and found for the plaintiff.  
And one of the council with the Hundred makking a Quaere, whether such persons who became Inhabitants after the Robbery, and before the Judgement, should contribute; Justice Berkley said, That all who are Inhabitants at the time of the Execution should contibute.   

Mich. 16. Jac. in the Kings Bench.  
wait a Clothier of Newberry, was robbed in the Hundred of Stoke, of fifty pounds upon the Sabbath Day. And the Question was, Whether the Hundred were chargeable for not making Hue and Cry. Three of the Iustices agreed that it was; but Montague chief Iustice contra, for that, on that Day no man was compelled to do it; whereupon it was found for the Plaintiff.  
Norris brought a Writ upon the Statue of Hue and Cry against the Hundred of Gantry, and the Robbery was said to be 9. Octob. 13. Jac. and the Teste of the Writ was 9 Octob. 14. Jac. and a Verdict for the plaintiff. It was moved in arrest of Judgement by Harvey, that the Writ was not brought within the year afte the Robbery cmmitted, which are the very words of the Statute of 27. of Eliz. and after some diversity of Opinion, it was agreed that the Writ was not brought within the year, and though the party robbed deserved relief, and pitty, yet against the Hundred it is a penal Law, and the plaintiff could not have Iudgement. Hob. Rep. fol: 196.   

For Cutting of a Purse and twenty Shillings in it.  
mid. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County of mid. Labourer, the— day of— in the year, &c. at C. in the County aforesaid, twenty Shillings in money, numbered in purse, being of the goods and chattels of T. D. then and there being found from the person of the said T. D. with a Knife of the value of four pence, which he the said A. B. in his right hand, then and there had and held, feloniously did cut, take, and carry away, against the peace, &c.   

For Purse Picking.  
mid. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County aforesaid Labourer, the tenth day of August in the year of our Lord God, &c. at H. in the County aforesaid, with force and arms, in and upon one E. F. did make an assault, and twenty Shillings in money numbered in the purse of the said E. F. being found, and the purse of the said E. F. then and there from the person of the said E. F. secretly, and without the knowledge of the said E. F. feloniously did take, and carry away, against the peace.   

For stealing corn, and another for receiving it.  
Dovon. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County aforesaid Labourer, the first day of Jan. in the year of our Lord God 1652. at C. aforesaid. in the County aforesaid, with force and arms, two Measures called Striks, of wheat to the value of five Shillings, of the goods and chattels of R. H. Gent. then and there found, and being feloniously did steal, take and carry away against the peace. And that I. G. late of C. aforesaid, in the County aforesaid Husbandman, knowing the said A. B. the Felony aforesaid, in manner and form aforesaid to have commirted, after the said Felony was committed as aforesaid, that is to say, the second day of Jan. in the year aforesaid, at C. aforesaid, in the County aforesaid; the said A. B. did receive succour, maintain and aid, and the foresaid goods and chattels did receive, against the peace.   

For stealing of a cloak, and accessary before.  
cornwall. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County of cornwall aforesaid Labourer, the— day of— in the year of our Lord God 1650 at C▪ aforesaid, in the County aforesaid, one clock coloured black, to the value of 20. s. of the goods and chattels of H. L. then and there found and being, feloniously did steal, take, and carry away, against the peace: And that R C. late of C. aforesaid, in the County aforesaid, before the Felony aforesaid, in manner and form aforesaid done, that is to say, the— day of— in the year aforesaid at C. aforesaid, feloniously did abet, and council the said A. B. the Felony aforesaid to commit, against the peace, &c.  
The offences afore mentioned, and all other against the peace are enquirable & triable before the Justices of Oyer and Terminer, but very seldom any of those great Offences are determined at the Quarter Sessions, though they have power to inquire of Felonies and other Offences by their Commission, but of such as usually are there inquired of and determined, you may take the ensuing Presidents, and afterwards some Rules by which the Justices of the Peace do proceed.   

For a forcible entry and detainer upon the Statute of 8. H. 6.  
not. ss.  
THe Jurors, &c. do upon their oaths present, That whereas in a Statute in the Parliament of Henry the 6. late King of England, holden at Westminster, in the eight year of his reign, among other things it was contained. That if any person by strong hand shall be expelled or disscised, or shall peaceably being expelled, shall by strong hand be kept out of the same, or Feoffment or discontinuance thereof, after such entry be any way made to defraud or take away the right of the Possessor, the party grieved in this case may have against such Disseisor an assize of Navel disseisin, or a Writ of Trespass. And if the party grieved by his assize or action of Trespass, do recover by Verdict, or by any other means by due course of Law, it be found that the defendant entred into the Land by force, or after his entry, held the same by force, that then the Plaintiff should recover treble damages against the diffendant and should also make Fine and ransom to the King, as in the Statute more at large is contained.  
Nevertheless, one A. B. late of C. in the said County Gent. not regarding the said Statute, nor fearing the penalty in the said Statute contained, the tenth day of August, in the year of our Lord God 1650. at C. in the County of not. aforesaid, with force and arms, and strong hand, into one messsage and ten Acres of Pasture, and five Acres of meadow, then in the Possession of R. C. and or the Freehold of T C. did break and enter, and then and there, with force and arms, and with strong hand, the foresaid R. C. out of the said messsage, and ten ares of Pasture, and five acres of Meadow, with the appurtenances did expel, and the said T. C. with force and arms, and strong hand, then and there, thereof did disseise, and the said R. C. so from the same being expelled, and the said T. C. so being thereof disseised, from the foresaid messsage and ten acres of Pasture, and five acres of Meadew, with the appurtenances, & from his possession thereof, from the said tenth day of August, until the day of the taking of this Inquest, with force, and arms, and strong hand, did keep out, and until this time doth keep out, and detain, to the great damage of the said R. C. and T. C. contrary to the form of the Statute aforesaid, and against the peaec, &c.   

For a forcible entry upon the Statute of 5. Rich. 2.  
Lanc. ss.  
THe jurors, &c. do present. That whereas by a Statute in Parliament of Richard the Second, late King of England, holden at Westminster, in the County of Middlesex, in the first year of his Reign made, It was ordained. That from thenceforth, no man should make entry into any Lands or Tenements, but in case where the entry is given by Laws and in such case, not with strong hand, nor with multitude of people, but in peaceable, and quiet manner only; and if any man should from thenceforth do otherwise, and should thereof by due means be convicted, he should be punished by imprisonment of his body, and ransomed at the Kings pleasure, as in the said Statute more at large is contained: Nevertheless one A B. late of C. in the said County of Lanc. Gent. and D. E. late of C. aforesaid Gent. and other Malefactors yet unknown to the said jurors, the Statute aforesaid, not regarding, nor the punishment in the same Statute contained, not at all fearing, the first day of May, in the year of our Lord God 1652. at C. aforesaid, in the County aforesaid, into one messsage, and six acres of Land, and six acres of Pasture, with the appurtenances, then in the tenor or Occupation of L. M. by force of a Demise thereof made to the said L. by N. O. Gent. made, upon the possession of the said L. where entry to the said A. B. and D. E. or either of them was not given by Law, unlawfully did enter; and the said L. then and there unlawfully did expel, and the said L. so from the same messsage, &c. and from his Possession expelled, from the said first day of May in the said year, &c. until the taking of this Inquisition, unlawfully and with strong hand, have kept out, and detained, and do still keep out, and detain, to the great damage of the said Lc. ontrary to the form of the said Statute, and against the peace.  
Note. If there be an Indictment of forcible entry, if it appear that the plaintiff had seisin at the time of the Writ brought, there can be no Writ of restitution. For the Statute saith, if he enter with force, or keep him out with force; but yet in that ase the King shall have his fine.  
Pasch. 15. Car. There was an Indictment, That the defendant ad tunc & adhuc doth keep the possession forcibly, whereas the plaintiff was in possession, and thereupon a Writ of restitution was awarded, by reason of the word ( adhuc) and adjudged, that both are punishable, although the Statute of 8. Henry 6. be in the disjunctive.  
And Note, That no man can maintain this action but he that hath the Freehold in the Lands or Tenements at least, for Tenant for term of years, cannot maintain this action, because the words of the Statute be, Expulit & disseisinit, Tenant for term of years cannot be deseised.  
One joynt-Tenant, or Tenant in common may maintain an Action, or indict his companion if he out him by force. Fitz. Nat. Br. fol. 249. D.  
And if a man enter by force, and detain with force, any Lands or Teements, the party grieved may have a Writ, upon the Statute of Northampton made 2. Ed. 3. cap. Pasch. 〈…〉 1. and 2. 8.  
Pasch. 1. and 2. H. 8. A forcible entry was found before Fineux, and other Iustices of Oyer and Terminer, and afterwards the Record was sent into the Kings Bench, where he that was outed prayed to be restored: And this matter being argued in the Excequer Chamber before all the Judges of England; the doubt restend upon two Points:  
1. Whether the justices Oyer and Terminer have authority by their Commission to inquire of a forcible entry.  
2. Admitting they could, then whether they might award a Writ of Restitution— and it was clearly agreed, That when such an indictment taken before the Iustices of the Peace is come into the Kings Bench, they may award a Writ of Restitution as well as the Justices of Peace below. And after several Arguments Pro & Con concerning the power of the Iustices of Oyer and Terminer by their Commission. It was in Conclusion agreed by all, that by the words of their Commission they have not power to inquire of a forcible entry. Kelw. Reports fol. 159.  
The Reason of which judgement is given 4. and 5. P. and Mar. For that the Statute hath given power to the Iustices of the Peace, and this power cannot be transferred to other persons by another Commission. Yet if such indictment be taken before the Iustices of the Peace, and before the Writ of Restitution be awarded by them, it be removed into the Kings Bench; Now the Iustices of the Kings Bench may award a Writ of Restitution, and they may award it, notwithstanding that the Indictment make no mention that it was taken at the request of the party. Dallison Rep. fol. 204. of Kelw. Rep.   

Pasch. 3. and 4. P. and Mar.  
IN a Case of a Riot in the starchamber between Delaber and Leister, it was held for Law, that if a man hath been in peaceable and quiet possession three years and more by a good Title, and expelled by force and disseised, and the party thereof indicted upon the Statue of 8. And the disseised who was expulsed be restored to his Possession by Writ of Restitution, and be in possession accordingly, that now he cannot justify a detainer of the possession by force by the Proviso of that Statute, because his possession hath been interrupted, and discontinued; and if the rightful possessor for twenty years be once removed out of his possession clearly, he may not come again with a multitude and force to put himself into the possession, Dyer fol, 142.  
Hugh Evans Under-Sheriffe. of mid. and others came to the house of one Parcke to arrest one Porter who lay there, and came and knocked at the door of Parker, whose wife came to the door and opened it a little to see who was there, and they presently with their Swords drawn, rushed in upon her whether she would or no, and bare her down, and break open the Chamber door, and break also the house of one percival adjoining to it, to get Instruments to break doors withall, and did hurt divers in the house, which first entry being by craft held unlawful, the sheriff and the others were fined at twenty pound apiece, Hobarts fol. Rep. 86.  
Paul Barrow preferred a Bill in the Star-Chamber against M. lewelin for writing unto him a spitefu●l and reproachful Letter, which was sealed and delivered, and never otherwise published; and it was resolved, though in this Case the plaintiff could not have an action of the case at Law, because it was not published, and therefore could not be to his defamation without his own fault of divulging it, and all actions in that kind do suppose in auditu quam plurimum propalavit, &c. yet the Star Chamber for the King doth take knowledge of such causes and punish them, because that such quarrelous Letters tend to the breach of the Peace, and the stirring of Challings and Quarrels, and the defendant fined, Hob, Rep fol. 86.  
Rescous is not made but where one hath the possession of the beast, or other things which shall be said to be rescued from him, for if one come to atteach a man, or to distrain, and is hindered from so doing, he shall not have a Writ of Rescous and the King shal not have a Writ of rescous done to his Officer, but he may cause him to be indicted. P. 20. Ed. 3.  
Te m. Mich. 15. Car. counsel moved to quash an indictment for rescous, because it is shewed that the rescous was at W. and doth not show that W. was within the County, and if it was not within the County, then it was an escape, and no rescous, and we cannot aver in this Case, that it was out of the County. Further it was not shewed where the rescous was, so that upon the matter, it is no arrest, nor was the indictment vi & armis, as it ought to be.— As to the first exception the Court strongly inclined, that they might well intend it to be within the County, because the indictment saith, in Commitatu meo apud de trut. but for the other exceptions the indictment was quashed.  
If a man command his servant to distrain for rent, or for service, or for damage pheasant, and rescous is made upon the servant, the Master shall have the Writ of rescous not the servant, for the wrong is done to him to whom the rent or service was due. Fitz. Nat. Br fol. 101.  
But if the Collector or Under-Collector distrain for Fifteens, and rescous be made upon him, then he shall have the Writ of rescous.  
And if the Bailiffs or Officers attach certain persons, and other men rescue them from the Officer, then he for whose cause they were attached shall have a Writ of rescous. ibidem. H.  
But if the Kings bailiff distrain for rent, and rescous be made upon him, the bailiff shall have the Writ of rescuous, and not the King. Fitz Nat. Br. fol. 102. B.  
The sheriff of a County made a Warrant Balivis suis to arrest the body of such a man, and the bailiff of the Liberty return a rescous, and exception was taken to it, because that the Warrant was Balivis suis, and the return was made by those who were not his bailiffs; and it was adjudged good, for the Liberty might be within his bailiwick, and so were all the presidents. Another Exception was because the place of the rescous was not shewed, and for that the Book of 10. Ed. 4. was cited, for there the rescous was ad tunc & ibidem, and did not show the place. To that it was Answered by the Court, & agreed, that ad tunc & ibidem, is altogether uncertain if the place be not shewed. But in the principal Case, the place was shewed at the first, and always after that ad tunc ad ibidem only without naming of the place, and adjudged good for that tunc & ibidem, throughout the declaration hath reference to the place first shewed, and it was adjudged good. Shepherds Report fol. 25.   

Hillar. 5. H. 8.  
THe sheriff of Devon returned a Rescous upon a Capias in Trespass, against the defendant, and against divers others who were strangers to the svit, whereupon it was prayed for the Rescouers, that they might put in Sureties for their Fines by Attorney. And the Opinion of the Court was, that they should not be received, but that first they ought to yield themselves to prison, and thereupon to put in their Sureties, and the next day after they tendered their Traverse to the Rescous by Attorney, and were received; and it was said, that they shall not be received to Traverse by Attorney, in case were a Cepi Corpus hath been returned against them. Kelw. Rep. fol. 166. Upon which the Reporter gives a Nota.   

Trin. 7. Eliz.  
IT was the last day of this term agreed by all the Iustices in banco, That the return of the sheriff made to his bailiff errand, &c. vertute istius brevis, &c. mandavi Ballivo itineranti, & qui mihi respondet quod arrestavit, &c. and setteth down the cerrainty of the day, year, and place where the Rescous was made, &c. it was not good, because the arrest is the proper arrest of the sheriff himself, and no credit is to be given to the Answer of the bailiff errand; but otherwise it is of a Bayleffe of a Franchise, Dyer fol. 241.   

For a riotous Assault.  
Durham, ss.  
THe jurors, &c. do present, That Cuthbert P. late of R. in the County of D. aforesaid Yeoman, and D. L. late of R. aforesaid Yoaman, gathering to them many other Malefactors and Disturbers of the Peace of the Keepers of the Liberty of England, &c. to the jurors unknown, to the number of ten persons unknown, the second day of June, in the year of our Lord God, 1652. A. M. in the said County of D. with force and arms, that is to say, with Staves, Swords, Daggers, and other arms, and armor, as well invasive as defensive, did riotously and routrously, and unlawfully, unite, gather, and assemble themselves together, to the great terror of the people, with intent to disturb the peace of the Keepers And so being gathered and assembled together, then and there with force and arms, and riotuously in and upon T. I. then and there in the peace of God, and of the Keepers, &c. being, an assault and affray did make; and him the said T. I. then and there with force and arms, and riotously did strike, beat, wound, and evil intteat, so that he despaired of his life, and other hurts to him the said T. I. did, to the great damage of the said T. I. contrary to the form of divers Statutes in such case made and provided, and against the peace, &c.   

For a Riot and rebellious assembly, upon the Statute of 1. Mary.  
Lanc. ss.  
THe Jurors, &c. do pressnt, That A. B.( and twelve at least, to be name with their additions and dwelling places) the tenth of November in the year of our Lord God 1652, between the hours of eight and ten of the clock in the forenoon of the same day at H in the said County of Lanc. with force and arms, as well invasive as defensive, that is to say, with Swords, Daggers, Staves, and clubs, did gather and assemble themselves together, and then and there so being assembled, intened, endeavoured, practised, and put in use, and with force and arms, unlawfully, and upon their own authority, to cast down, cut, break, and destroy a ston Wall, and closure of a Close and park of T. P. esquire called H. park, with intent that the said Close and Park called H. Park, should remain open, and not enclosed, and unlawfully to have a common way in the same Close and Park, and to destroy the dear in the said Close and Park then being. And the Jurors do further upon their foresaid Oaths present, that upon complaint thereof made before I. B. one of the Justices of the Peace of the said County, All and singular the said A. B. &c. the rest, &c: then and there, by the said I. B. the Justices aforesaid were required, and commanded by Proclamation, in the name of the Keepers, &c. then and there by the said I. B. openly made, should in peaceable and quiet manner to withdraw, retire, depart and return to their habitations, places and dwellings from whence they came, which Proclamation then and there in form aforesaid had and made, the said I. B. Justice, then and there with a high voice made one Oyes, and then and there these words following immediately, and with a loud and audable voice did pronounce, saying, The Keepers of the Liberties of England by authority of Parliament, do straitly charge and command all persons being assembled, immediately to disperse themselves and peaceably to depart to their own habitation, or to their lawful business, upon the pains contained in the Act of Parliament lately made against unlawful and rebellious Assemblies. And the Jurors aforesaid further upon their said Oaths do say; That notwithstanding the said Proclamation, in manner and form aforesaid by the said I. B. the Iustice openly then and there had and made, Nevertheless all and singular the said A. B. &c at H. aforesaid, by the space of one hour immediately, and continually after the said Proclamation, so as aforesaid had and made, seditiously, and feloniously remained, and continued together▪ and after the requiring and command made by Proclamation in manner and form aforesaid, with force and arms, and in a violent manner then and there the said stone-wall and enclosure of the said T. P. of the Close and Park aforesaid, feloniously did cut, break, and cast down, in great contempt of the said Keepers, and contrary to the Statute, &c. and against the peace.   

3. Jac. in the Star-Chamber.  
A Man took corn in the night, to which he had right, and was punished for a Riot because of his Company.   

For a felonious rescous.  
Hunt. ss.  
THe jurors, &c. upon their Oaths do present, That the first day of july, in the year of our Lord God, 1652. one A. B. late of C. in the County of H. aforesaid Labourer, was taken and arrested by F. F. upon suspicion of Felony, that is to say, for steaing of one Cow of the said E. F. by the said A. B. aeloniously, as the said E. F. then affirmed, taken ●nd driven away, and that he immediately after was ●ay the said E. F. unto one H. M. Constable of C. ●foresaid, who afterwards, that is to say, the same ●irst day of July, in the year aforesaid, the said A. B. ●n prison in the Stocks there did put, there to be safely kept, until the said Constable could procure aid to bring the said A. B. before some Justice of the Peace in the County aforesaid to be examined, and that afterwards, that is to say, the said first day of July, in the year aforesaid, one E. L. late of M. in the said County of Hunt. Labourer, with force and arms the Stocks aforesaid did break, and the same A. B. then and there being, out of the same Custody, Prison and Stocks feloniously did take away and rescue, and suffered him to escape and go away, against the peace, &c.   

For a rescous upon a bailiff.  
Lanc. ss.  
THe Jurors, &c. upon their Oath do present, That whereas I. R. Bailiff of the said Keepers, &c. of derby by virtue of a precept of the said Keepers of Levari facias to him directed by H. N. Gent. Steward of the Wapentake Court of the said Keepers, &c. of Derby, did take one Brass Pot of the Goods and chattels of E. K. the relict of I. K. of W. in the County of Lanc. to take and levy the sum of six shillings eight pence against the said E. K. recovered in the foresaid Court of the said Keepers of Derby, to the use of R. H. of N. in the County aforesaid Gentleman, according to the form and effect of the precept aforesaid: R. K. late of W. aforesaid, in the County aforesaid Husbandman, the day of September in the year of our Lord God 1649. at W. aforesaid, in the County aforesaid, with force and arms, the said Pot from the said bailiff, did take and rescue; and thereby the said Bailiff in the execution of the said Office, did obstruct and hinder with force and arms as aforesaid, in contempt of the Keepers, &c: and to the evil example of other Malefactors, and against the peace.   

For a rescous upon destraining for Rent  
York. ss.  
THe Jurors, &c do present, That whereas A. B. late of C. in the County of york, aforesaid Husbandman, the tenth of September, in the year of our Lord God 1652. was seized in Fee of twenty Acres of Land with the Appurtenances at M. in the said County of York, which I. H. then held of the said A. B. for term of his life, by certain Services for yearly customs and Services, which being to him the said A. B. then due and arrear, he caused R. B. his servant to take and distrain one Cow of the said I. H. then being and depasturing in the said twenty Acres of Land, and the said R B. the said Cow then and there taken and distrained, in the name of a distress, according to the Law and custom of this Common-wealth of England unto the Common pound at M. in the County aforesaid, would then and there have driven, and there to have kept the same; Nevertheless, one R. H. late of M. in the County aforesaid Husbandman, and I. K. and L. M. &c. the said tenth of September, in the year aforesaid, at M. aforesaaid, in the County aforesaid, with force and arms, that is to say, with Staves, Daggers, Clubs and other Weapons, as well invasive as defensive, did unite and riotously and unlawfully did assemble together, with intention to disturb the peace of the Common-wealth, and so being united and assembled, in and upon the said R. B. in the peace of God and of the Keepers of the Liberty, &c. being, did make an assault, and him the said R B. then and there, with force and arms, and riotously did strike, beat, and evil entreat; And the aforesaid Cow then and there, that into say, in the said twenty Acres of Land at M aforesaid so distrained from the said R. B with force and arms riotously did rescue and take away, and other harms to the said A. B. and R. B. then and there with force and arms and riotously did do, to the great damage of the said A. B. and R. B and contrary to the Statute, &c. and against the peace.   

For a rescue, for taking one from a Constable, who had attached him upon a Justice of Peace his Warrant.  
Lanc.  
THe jurors, &c. do present, That whereas James Gee, Constable of A. in the said County of Lanc. by virtue of a certain Warrant to him directed, under the Seal of R. E. one of the Iustices of the peace of the said County, did take and attach one T. B. to do and receive according to the tenor of the said Warrant; Neverthele●s one G O. late of A. in the said County Husbandman; And L. M N. P.( and such as are to be indicted) the tenth day of april, in the year of our Lord God 1652. At A. aforesaid, with force and arms, that is to say, with Staves, Swords, Daggers, Clubs, and other Weapons as well invasive as defensive, did riotously unite, and unlawfully assemble, and gather themselves together to the great terror of the people, and with intent to disturb the peace of the Common wealth, and so being united, assembled, and gathered together, then and there with force and arms and riotously in and upon the said I. G. in the peace of God of the Keepers of the Liberty of England being, d●d make an assault, and him the said T. B. with force and arms, out of the custody of the said Constable riotously did take and rescue, and the said T. B. himself out of the custody of the said Constable, then and there did likewise rescue, to the great damage of the said Constable, and contrary to the form of divers Statutes in that case made and provided, and against the peace, &c.   

For rescuing cattle taking damage pheasant.  
Linc. ss  
THe jurors, &c do present, That A. B. the first of april, in the year of our Lord God 1652. was possessed of, and in the Manor of H. with the Appurtenances in the County of L. aforesaid, the same A. the same day and year at H. aforesaid, in the County aforesaid, did find certain cattle, that is to say, six Oxen, four Kine, in a certain Field, containing by estimation twenty Acres of Pasture, parcel of the Mannor of H. aforesaid, there doing damage, which said cattle, so then and there doing, damage aforesaid I. R. and one S. T. the day and year aforesaid, in the name of a distress, then and there did take, and unto S. in the County aforesaid did drive, where according to the Law and custom of the Common-wealth of England, in a certain common pound there would have impounded, Nevertheless, one T. B. of G. in the County aforesaid Husbandman, and S. L. of G. aforesaid in the County aforesaid Labourer, with force and arms the day and year aforesaid, at S. aforesaid in the County aforesaid, in and upon the said I. R. and S did make an assault, and the said cattle, then and there, with force and arms from the said I. R. and S. T. did take and rescue, contrary to the form of the Statute, and against the peace.   

For rescuing of a man taken by a bailiff upon a Cap. ad respondend.  
Salop. ss.  
THe jurors, &c. do present, That whereas K. L. Esquire, Sheriff of the County of Salop, by virtue of a Writ of the Keepers of the Liberty of England by authority of Parliament, to him directed, the second day of July, in the year, &c. 1653. did make a certain precept sealed with his seal to I. P. and L. M. his known and sworn bailiffs to take R. S. late of T. in the said County Yeoman, and him safely to keep; so that the said Sheriff might have the body of the said R S. before the Justices of the said Keepers at Westminster, in one month after Michaelmas, to answer unto G. H. of a Plea that he should render unto him five pounds which he owed and unjulsty detained from him, as he said. And whereas the said I. P. and L. M with the said precept at W. in the County aforesaid, the tenth day of August in the same year, did go unto him the said R. S. and him the said R. S. by virtue of the said precept did take and arrest; Nervertheless the said R. S. and one T. R. late of T. in the said County Yeoman, and G. H. late of T. aforesaid, in the County aforesaid Labourer, the said tenth day of August, in the year aforesaid, with force and a●mes, that is to say, with Swords and Daggers, Staves and Clubs, and other weapons and arms, as well invasive as defensive, did riotously unite and gather themselves together, and unlawfully assemble, to the great terror of the people, with intent to disturb the peace, and being so united, gathered together and assembled, then and there, with force and arms, and riotously in and upon the said bailiff, did make an assault, and the said R. S. and T. R. the foresaid R. S. out of the custody of the bailiff with force and arms, and riotously did take and rescue, and suffered him to go at large. And the said R. S. did likewise riscue himself out of the custody of the said bailiff, to the great damage, &c. and against the peace, &c.  
Having hitherto given some Presidents of Indictments of the highest nature, and which concern mans life, and some Observations thereupon; I conceivee it will not be unmethodicall in the next place to set down some which concerneth that which is next our lives, that is, our good names, whereof I will show but two or three which mutatis mutandis, may serve for many of the like nature.   

For slandering a Judge of assize.  
Lanc. ss.  
THe Jurors, &c. do present, That whereas David Pinnington, late of A. in the County aforesaid, Yeoman at A. aforesaid, in the County aforesaid, and N. P. late of, &c Labourer, with force and arms, feloniously, and of their malice forethought one W. W. in the year of our Lord God, 1650. had slain and murdered; And whereas afterwards, that is to say, the first day of May, in the year of our Lord God 1651. One Thomas Cudlaw at L. in the County of Lanc. in consideration of eighteen pound of lawful money of England, to him by one I. P. contented and paid, undertook that the murder of the said W. W. before the Justics, &c. at Lanc. then next to be holden, should be presented and found against the said D. P. Manslaughter only, and not murder. And whereas also afterwards, viz.( such a day and year) at Lanc. in the County of Lanc. before I. B. and F. R. two Iustices of the Keepers of the liberty, &c. at the general goal delivery, then and there holden by the oaths of twelve good and lawful men of the County of Lanc it was found and presented, That the aforesaid D. P. and W. P. with force and arms feloniously and of their malice forethought, the said W. W. did kill and murder, and so the killing of the said W. W. then and there was found murder, and not manslaughter only. By reason whereof the said I. P. required the said T. C. to pay back the said 18. pound to the said I. which money the said T. C. did altogether refuse to pay to the said I. P. saying, and alleging that he had given and paid the said 18. pound to certain persons, viz. to the said F. R. one of the Iustices aforesaid ten pound, That the said T. C. late of &c. in the County aforesaid Yeoman, the first day of June, in the same year at Lanc aforesaid, in the County aforesaid, maliciouly, contemptuously, and opprobriously to the public reproach, scandal and defamation of the foresaid F. R. being one of the Iustices aforesaid his degree and dignity, did openly and publicly speak and utter these false, feigned, scandalous and approbrious words following. viz. That Justice R. meaning the said F R. had ten pounds, meaning 10. l. part of the foresaid eighteen pound; whereas in truth no such thing was ever by the said F. R. ever received, touched or thought. By reason of the speaking and uttering of the said words, the said T. C. the said F. R: his estate, degree and dignity, hath brought into great reproach and contempt, as well among the Nobility, and great men of this Common-wealth, as also among other good and faithful people thereof, and contrary to the form of divers Statutes in that Case made and provided.   

For a slanderous Writing and publishing thereof against the Keepers of the Liberty, &c.  
mid. ss.  
THe jurors, &c. do present, That A. B. late of C. in the County of mid. aforesaid tailor, the tenth day of July, in the year of our Lord God, &c. at G. in the County of mid. aforesaid, of set purpose and deliberately, and with a malicious intent, and feloniously did set forth, and publish a Writing in English, containing( among other things) this false, seditious and scandalous matter, to the defamation of the Keepers of the Liberty of England, by authority of Parliament, ( viz.) reciting the words) against the peace, and contrary to the Statute, &c.   

For slandering a common person.  
Somerset. ss.  
THe Jurors, &c do present. That whereas A. B. of C. in the County aforesaid Yeoman, hath always been of good Name and famed, and of honest behaviour and conversation, and without any scandal, and without any stain of Robbery, theft, or any other Crime, and without any scandal of the same, and from all manner of deceits and frauds and evil doings, and hath been from the time of his Birth until this time well behaved and governed, and of such estate, conversation, and honesty, hath been among all his neighbours, and all other people of this Nation to whom he was known, without any whatsoever criminous wickedness of Robbery, theft, or any other fraud, or other such like crime heretofore charged upon him, or suspected of Nevertheless one P. S. late of Q. in the County aforesaid Weaver, knowing the premises to be true, by the instigation of the devil, and his own perverse malice, intending the estate, honesty, and Opinion, of the said A. to deprave and hurt; and the said A. to be taken to be of so evil conversation, condition and behaviour towards all the good and faithful people of this Nation, that he the said A. should utterly perish and be destroyed, and that all the faithful people of this Nation should withdraw themselves from his Society and Company— such a day and year, &c. at P. in the County aforesaid, in the presence and hearing of T. S. and of divers other credible persons to the said A. known of the said A. did speak, report, publish, and with a loud voice, pronounce these English words following, viz. A. B. Is acquainted with all the Rogues and thieves in the country, and doth harbour many known thieves in his house. By reason of the speaking, uttering and relation of which words, the said A. B. in his Estate, good Name, and his affairs with honest men with whom he had commerce, is very much hurt and damaged, & contrary to the peace.   

I Vlius Caesar, judge of the Admiralty Court, brought an Action upon the Case for Slander, against Phillip curtain a Merchant stranger, for saying the said Caesar had given a corrupt Sentence, and upon a Not Guilty Pleaded, and upon the trial two hundred Marks given in damages. There was something spoken in arrest of Judgement, but not allowed, and so the Verdict confirmed. Poph. Rep. fol. 35.  
Though this last Case doth not properly concern the peace, yet finding it to have some reference to the title of slander of Iudges; I thought it not amiss to insert it, that the Reader may see for what words the Action of the Case lieth.   

Upper Bench.  
IN former times before the Statute of 37 H. 8. the party indicted for Treason, Murder, Felony, or Trespass, &c. used to take exception against the form of the Indictment, in which the words( with force and arms) that is to say, with Staves, Knives, Bows and Arrows, or such like words, for want whereof they took advantage and avoided the same by Writs of Error, or by Plea, upon the appearance of the party indicted. But by that Statute it was declared and enacted; That such words should not necessary be comprised in the Indictments, but that the same should be as good and effectual in Law without them as with them.  
All Offences against the peace of the kingdom or Common-wealth are enquired and tried, either at the vpper Bench, or at the goal Delivery, before the Justices Itenerant, or others, authorized by Commission, under the of Seal of England, or at the general Quarter Session of every County.  
And whereas by the Common Law of this Nation every offence was to be enquired of and tried in the proper County where the offence was pe●pertrated; By the Statute of 33. H. 8. cap. 26. It was enacted; That if any person being examined before the Kings council, upon any manner of Treason, misprision of Treason or Murder, do confess any such offence, or be vehemently suspected thereof, That then in every such case by the Kings Commandement, his Majesties Commission of Oyer and Terminer, under his great seal, shall be made by the Chancellor of England to such persons, and into such Shires and places, as shall be name by the Kings Highness, which Commissioners shall have power to inquire of, hear and determine all such offences within the Shires and Places limited by their Commissions.  
And by the Statute of 1. and 2. Ph. and Mary cap. 10. It was enacted, That all manner of offences already made and declared, or hereafter to be made and declared, by any Laws or Statutes of the realm to be Treasons, Misprisions of Treasons, or concealments of Treasons done or committed by any person or persons out of the realm of England, should be enquired of, heard and determined before the Iustices of his Bench for Pleas, before him to be holden, by good and lawful men of the same Shire where the said Bench shall sit, and be kept, or else before such Commissioners and in such Shire of the realm as shall be assigned by the said Commission, and by the same jurors of the same Shire in like manner and form, to all intents and purposes, as if such offences had been committed within the same, Shire where the same shall be enquired as aforesaid.  
By which two Statutes it appears, That the crimes of high Treason, Misprision of Treason, and concealments of Treason, may be enquired of heard and determined, either by the Iudges of the upper Bench wheresoever it sits, or by the Kings Commission in any place of the kingdom by his appointment.  
But for Felonies and all sorts of offences under Treason it is not so; They must be inquired of, heard and determined, in the proper County where the offence is committed, and not elsewhere, unless the indictment be in the Crown Office of the upper Bench, which holds Plea of all matters which concern the peace of the King or Common-wealth, and doth therefore take cognizance of any offence which in the time of Kings was against the peace of the Lord the King his Crown and dignity, and is now against the peace of the Keepers of the Liberty of England, by the authority of Parliament.  
And under this notion in this Court of the upper Bench are enquirable all treasons heretofore against the person of the King, and such other offences as are specified in the said Statute of 25. Ed. 3. and all petty Treasons, and all other Treasons by the Common, or Statute Law, all murders, Rapes, and other Felonies by either of those Laws, there being some of the one kind and some of the other.  
All Riots and routs, all unlawful Assemblies, Burglaries, Robberies, Thefts, and Larceny▪ And all accessaries to such offences, and of all manner of trespasses against the peace. The several species of all which offences are particularly set down by M. Dalton in his Justice of peace, to which( because I will not( while I am writing thereof) commit Felony by stealing so much out of another mans Book) I refer the Reader.  
The Lord chief Justice of the Upper Bench( heretofore called the Kings Bench) and unproperly called Lord chief Justice of England, which the King only is; and the other the chief Coroner of England, is the chief Judge of all causes of which that Court holds plea, and because he hath the chief ordering of all matters which belong to the conservation of the peace of the Common-wealth, he is in( referrnce thcreunto) in all Commissions of the peace, and Oyer & Terminer throughout the whole Nation, and doth commonly when he pleaseth sit as chief judge at the Sessions for Middlesex, and in his absence the other Iustices of the same Court may and do hear and determine any Causes brought before them, which concern the peace.  
All such Indictments as are at the Upper Bench are brought and filled in the Crown Office belonging to that Court, The Master of which Office hath the keeping of all the Records which do concern criminal Causes, receives all indictments, and files them. And by the clerks of the Office, gives out Copies of all such Indictments, as they may lawfully make, as for trespass, misdemeanours, Riots, Routs, Informations upon penal Statutes, for which is paid eight pence a sheet. But of Indictments for Felony, or any other offence of a higher nature, they may not make Copies, but by warrant from the Attorney general of the Common-wealth.  
He makes out all process against persons there indicted, until they appear, or are out-lawed, and when they do appear by some of the Clerks, enters their Appearance, Receives▪ and Records all traverses, and other Pleas to Indictments, which are brought into the said Office.  
Makes all Writs of Certiorari for removing of any Indictments out of any County, either at the Goal delivery, or Quarter Session, which are returnable in that Court,— for which he hath.—  
And by himself, or his Secondary Arraigns all prisoners which are there to be tried for any criminal cause.  
If a man be Indictment in that Court for treason, or murder, or any other crime, for which he is not baileable, and after be taken upon process, he is committed to prison till he come to his trial, which shall be at the discretion of the Court.   

Proceedings upon Indictments.  
BUt if he be taken upon trespass, &c: or any Felony, for which he is baileable, and shall give bond ot recognisance for his appearances at such time as in the recognisance is limited, he shall go at large till he come to his trial, which shall be at the pleasure of the Court, for entering of which bail he pays.—  
But if the party indicted for any offence, doth not come and appear gratis; the Court awards first a Venire facias, and after that a Dist ingas, which may be renewed as often as the Court pleaseth, if the person offending have any visible estate by which he may be distrained; but if the Sheriff return that he hath nothing by which he can be distrained, then doth the Court award a Capias alias, and Pluries, until the party be outlawed, by which he forfeits all his goods; all which process bear Teste under the name of the chief Iustice, and when there is none, then under the Teste of the eldest judge of that Court.  
In like manner, if a man be indicted at the general Sessions of the Peace, or at any privy Sessions, and do not appear gratis; the Court there will award process to bring him in to answer: first a Venire facias, and then a Distringas; and in case there be no distress to be taken, then an alias and Pluries, until the party be outlawed, as aforesaid, which Writs are now in the name of the Keepers of the Liberty of England, but the Teste is under the name of the Gustos rotulorum, and are thus formed.   

The Venire facias.  
THe Keepers of the Liberty of England, To the Sheriff of Kent Greeting. We command you, that you omit not for any Liberty within your Liberty; but that you make A. B. of C. in your County Yeoman, to come before our Justices for the conservation of the Peace, and divers Felonies, Trespasses, &c. to hear and determine assigned, at the next general Sessions of the peace for the said County to be holden, to answer unto us upon certain Articles, upon which he is presented, and that you may have there this Precept. Witness, &c.   

The Distringas thus  
THe Keepers of the Liberty of England, &c. To the sheriff of the County of Kent Greeting. We command you that you omit not for any Liberty within your bailiwick, but that you enter the same, and distrain A. B. of C. in your County Yeoman, by all his Lands and Tenements, Goods and chattels, And that of the issues thereof, you answer us, &c. And that you have his body before our Iustices, &c: to answer unto us, &c. Witness, &c.   

The Capias thus.  
THe Keepers, &c. To the sheriff of the County of Kent greeting. We command you that you omit not for any Liberty within your bailiwick, but that you enter the same▪ and take the body of A. B. of C. in your County Yeoman, and him cause to be safely kept, so that you may have his body before our Justices, &c. At the next general Sessions of the peace for the said County to be holden to answer unto us upon divers trespasses, contempts and offences, of which he stands indicted. And that you have here this Writ, Witness, &c.  
Upon which Writ if the sheriff return that the party is not to be found within his Bailiwick, there shall an alias Capias be awarded of this Tenor.   

The Alias thus.  
THe Keepers, &c. To the Sheriff, &c. We command you, as before we have commanded you, that you omit not for any liberty, &c. but you enter thereinto, and take the body of A. B.— as in the Capias, &c.  
And if the sheriff make the like return, then is a Pluries awarded, of this tenor.   

The Pluries thus.  
THe Keepers, &c. To the Sheriff, &c. We command you, as often we have commanded you, That you omit not for any liberty, &c. But that you enter thereinto, and take the body of A. B. &c. as in the Alias.  
Upon which Writ, if the Sheriff return that the party is not to be found, and that he came not, then an Exigent is awarded, in this manner.   

The Exigent.  
THe Keepers of the Liberty of England, to the Sheriff of K. &c. Greeting. We command you to call A. B. of C. in your County Yeoman, until according to the Law and custom o● England he be outlawed, if he shall no● appear; and if he shall appear, that then you take him, and cause him safely to be kept, so that you may have his body before our Iustices, &c. at the next general Sessions of the Peace for the said County to be holden, to answer unto us for divers trespasses, contempts, and offences, of which he stand● indicted, and that you have this Writ, Witness, &c.  
If upon this Writ the sheriff return, That at five County dayes after the date thereof, the party was called and did not appear; he is thereupon out-lawed, and then the power of the Justices doth determine, they having no power to make a Capias Utlagatum, but must▪ return the Utlarie into the Upper Bench, who will thereupon— proceed according to the course of the Law in such case. used.   

AN EXIGENT for a forcible Entry.  
THe Reepers, &c. To the Sheriff of G. greeting. We command that you do call, or cause to be called, C. D. of London Esquire from County to County, until by the Law and custom of England he be outlawed if he do not appear, and if he do appear, that then you take him, and cause him to be safely kept; so that you may have his body before us in the Octaves of St. Hill. next coming, wheresoever we shall be in England, to answer unto us for certain trespasses and contempts against the Statute concerning forcible entries made and enacted, whereof he is indicted, and whereof you have at another time returned, that he was not to be found within your bailiwick; and that you have there this Writ, Witness H. R. at Westminster, &c.  
But if the party indicted will either appear gratis, or before he be put to the Exigent, the offence being for Riots, Routs, forcible entry, or detainer, trespass, or breach of penal Statutes, or any thing less then Felony, he may remove the indictment, by Writ of Certiorari, either out of the Chancery or upper Bench; or he may enter his traverse, or take exceptions to the Indictment, either for the matter or form thereof, or else to avoid further trouble and expense, submit himself to a Fine, which shall be imposed by the Justices of the Peace at their discretion, where the penalty for the offence is not certainly limited, by any Statute Law, in which cases they cannot mitigate the Fine, which must be paid according to the words of the Statute.  
If the party indicted will traverse the indictment, he must enter into bond, or recognisance to the Keepers of the Liberty of England to prosecute the same with effect, and in order thereunto must sue forth process out of the Court, awarded to the Sheriff of the County to return a Jury for the trial of the merit of the cause the next Sessions,( if he be not at present ready) for which he payeth to the Clerk of the Peace three shillings four pence.  
And albeit the party indicted do enter his traverse, yet he may afterwards wave and relinquish his traverse, and under protestation that he is not guilty, will nevertheless submit to his Fine.  
And if he resolve to traverse, he may do it either by pleading the general issue not guilty, or he may pled specially to the matter of the indictment, upon which special matter issue shall be taken, by the clerk of the Peace,( who in such cases is as the Attorney of the Common-wealth) and brought to a trial, where if the Verdict pass for the party indicted, he shall be thereupon discharged, but if he be found guilty, he shall be Fined, and if the case so require, imprisoned, and the Fine returned into the Exchequer by the clerk of the Peace, under the hand of one of the Barons, who must have for his hand two shillings.   

Proceedings upon Indictments.  
BUt if the party indicted for any offence under Felony will take exception to the indictment, either for the matter or the form, he must by counsel acquaint the Court therewith, and if the Error be apparent, the indictment shall be immediately quashed, and the party discharged; but if the matter be doubtful, or difficult, the Iustices may, and ought by a Proviso in their Commission, to take time to consider thereof, and not to give judgement but in the presence of one of the Iustices of one or the other Bench, or the Iustice of Assize for that County assigned before the said Iustices of the peace, or two or more of them.  
And if the party indicted be not willing to have his trial, either at the Goal delivery, or at the Quarter Sessions, he may remove the indictment by Writ of Certiorari out of the Upper Bench; and all other things that do concern the same, which may be done by the severrall Writs hereafter expressed.   

CErtiorari is a Writ to remove Indictments or other Records in causes wherein the Justices cannot proceed, and issueth out of the Chancery, whither the Records are sent, and from thence by Mittimus to any other Court; and it may command either the Record itself or the tenor of the Record. Cromp. 131. Dalt. 416. and is to be directed to the Justices. Lamb. 515.  
No Bills of indictment of Riot, Forcible entry, Assault or Battery found at the Quarter Sessions shall be removed by Certiorari, unless it be delivered in open Quarter Sessions, and the indictee bound in ten pound to prosecute, &c. 41. Jac. cap. 8.   

A Certiorari upon an indictment for a forcible entry.  
Lincoln.  
THe Keepers of the Liberty of England, &c. To the conservators of our Peace, and to our Iustices, for divers Felonies, &c. assigned, Greeting. Our will being for certain causes, that all Indictments concerning certain trespasses and contempts contrary to the form of the Statute for forcible entries made and enacted, and other articles and offences, whereof A. B. of C. in the County aforesaid, Yeoman, and all others in the foresaid Indictment name, before you are indicted( as is said) shall be determined before us, and not elsewhere: We do therefore command you, and every of you, That all and singular the Indictments aforesaid, with all things concerning the same, by what names so ever the said A. B. and all the rest be called in the same Indictments, you, or one of you, do sand unto us under your Seals in the Octaves of S. hilary, wheresoever we shall be in England; That we may further do therein as according to Law, and the custom of England shall seem good unto us, Witness H. R. &c.   

A Certiorari to the Justices of the Goal Delivery.  
War. ss.  
THe Keepers, &c. To our Iustices for our Goal delivery in the County of War. from the prison there being to be delivered assigned, greeting: Our will being for certain causes, that all and singular Indictments of a certain Felony and murder, wherewhereof W. P. and all other in the same indictments name lately before our Justices, to hear and determine divers Felonies, Trespasses and other misdeeds in the County of Warwick, assigned, and before you now being, by what name the said W. P. and all others in the same Indictment are called, should be determined before us, and not elsewhere, We command you, and every of you under your Seals, or the Seals of one of you, to sand the same unto us in the Octaves, &c. together with this Writ, &c.   

A Certiorari for an Indictment and Utlawry.  
THe Keepers of the, &c. To the Justices of the peace, &c. Our will being for certain causes, that all and singular Indictments concerning certain Felonies and Trespasses, whereof R. O. before you stands indicted( as it is said) should be determined before us, and not elsewhere; We command you and every of you, that all and singular Indictments, together with an Utlawry, if any such be upon these occasions, or any of them shall be published against him, with all things touching the same, by what name the said R. be called in the same, you sand unto us under the seals of you, or one of you in fifteen dayes after Easter next, wheresoever we shall be, &c or show cause unto us why you would not, or could not execute our former Writ concerning the same to you directed, and that you have there this Writ, Witness H. R &c.   

A Certiorari at the Sheriffs Turn.  
THe Keepers, &c. To the Sheriff of the County of Hertford, Greeting, Our will being for certain causes, that all and singular Indictments for whatsoever Felonies and Trespasses, whereof A. B. of C. in your Turn, lately held, is indicted( as it is said) before us by you to be sent; We command you that the said Indictments, with all things concerning the same, so fully and entirely, as before you the same were lately taken, and are now in your keeping( as it is said) by what name soever the said A. be called in the same, you sand unto us under your seal,( such a day) wheresoever, &c. together with this Writ.   

A Certiorari from the Bailiff of a Mannor.  
THe Keepers, &c. To the Bailiffs of the Mannor of N. greeting, willing for certain causes all and singular indictments of divers trespasses, whereof T. B. before you at the view of Frank pledge, there lately held, he is indicted( as it is said) should be determined before us, and not elsewhere. We do therefore will and command you, that all and singular Indictments, with all things concerning the same, by what name soever the said T. be called before us, under the seals of you or one of you, wheresoever we shall be, &c. you do sand together with this Writ, &c.   

A Certiorari to the Steward and bailiffs of a Mannor.  
THe Keepers, &c. To the Steward and Bailiffs of the Manor, Town, liberty, and hundred of C. and C. in the County of S. greeting, Willing for certain causes, all and singular Indictments, or Presentments, Fines, or Amerciaments whatsoever whereof R. P. is indicted, presented, or amerced before you, should be determined before us, & not elsewhere; we do therefore will and command you, that all Indictments, Presentments, and Amerciaments, with all things concerning the same, you or one of you, sand unto us under your seals, &c.   

CERTIORARES.  

Trin. 17, Car.  
A. and B. are indicted for Murder, B. flies, and A. brings a Certiorari to remove the Indictment into the Kings Bench, whether the whole Record be removed, or but part was the Question. Keeling the younger said, that all is removed, and that there cannot be a transcript in this case, because the Writ saith, Recordum & prosessus cum omnibus ea tangentibus. But the chief Iustice doubted it, and he said that the Opinion of Marckham in one of the Books is against it, and he said, That it would be a mischievous case if it should be so, for so the other might be attainted by Outlary who knew nor of it. And ( Note) that Bramston the chief Iustice said, That the clerk of assize might bring in the Indictment propriis manibus if he would without a Certiorari.  
A man was indicted for Murder, in the County Palatine of Durham, and brought a Certiorari to remove the Indictment into the Kings Bench; and it was argued by Keeling at the Barr. That Breve Dom. Regis non currit in comitat. Palatin. But the Iustices there upon the Bench, viz. Heath and Bramston seemed strongly to incline, that it might go into the County Palatine, and they said, there were many Presidents for it; and Justice Heath said, That although the King grant Jura regalia, yet it shall not exclude the King himself, that their power is not independent, but is corrigible by this Court, and he said that in this case the party was removed by Habeas Corpus, and by the same reason that a Habeas Corpus might go thither a Certiorari might, for which cause it was awarded, that they return the Certiorari, and upon the return they would debate it. Shep. Rep. fol. 165.  
If a man be arraigned of Murder, and found guilty se defendendo, by which he is committed to prison or bailed, now he may sue forth a Certiorari to remove the Record into the Chancery, that he may sue out his Charter of pardon of course. Filz. Nat. Br. fol. 246. C.   

Trin. 15. Carol.  
TWo men and their wives were indicted upon the Statute of forcible entry, who brought a Certiorari to remove the Indictment into the Kings Bench, some of them did refuse to be bound to prosecute according to the Statute of 21. Jac. cap. 8. and therefore notwithstanding the Certiorari, did proceed to the trial upon the Indictment; And here it was resolves, That whereas the Statute is, The parties Indicted shall be come bound, &c. That if one of the parties off●r to find Sureties, although the others will not, yet the cause shall be removed, for the denying of the one shall not prejudice the other of the benefit of the Certiorari which the Law gives unto them, and the woman cannot be bound.  
And it was further resolved, whereas the Statute saith, that the parties indicted, shall be bound in the sum of ten pound, with sufficient Sureties, such as the Iustices of Peace shall think fit. That if the Sureties be worth ten pounds, the Iustices cannot refuse them, because the Statute prescribes in what sum they shall be bound.  
And it was further resolved, that after a Certiorare brought, and sufficient Sureties tendered according to the Statute; all the proceedings of the Iustices of the peace are Coram non Judice.  
And it was agreed by the Court, that upon a Certiorare to remove an Indictment out of an inferior Court, that the defendant shall be bound in a recognisance to prosecute with effect, viz. to traverse the Indictment, or to quash ir, and if he doth not appear, an Attachment shall issue out against him.   

pie informed against Thrill, upon the Statute of Recusancy, who pleaded, that he was indicted in Middlesex for the same offence, and the plaintiff said, nul tiel Record. 
Certiorare.  and day was given to the defendant to bring the Record; whereupon he took a Certiorare out of this Court ( The Kings Bench) and at the day brought tenorem Recordi, certified by Sir Thomas Lake, Custos Rotulorum And it was holden clear that the defendant needed not to take his Certiorare out of the Chancery, and so bring it hither by Mittimus, but this Court might sand a Certiorare immediately to a inferior Court. And the Certificate was disallowed, because it ought to have been made in the name of the Iustices of peace, before whom it was taken, according to the direction of the Writ, though the Custos Rotulorum keep the Records, and a Certiorare was awarded de novo to the Iustice of the goal delivery, &c. Hob. fol 182.  
And now, having declared in what cases Certioraries are granted for removing Indictments and presentments, from the Iustices of the Goal delivery, Iustices of the Peace, Stewards, and bailiffs of manors are usually granted, I shall here by one or two Presidents( which may serve for the direction and information of the Reader) set down the form of a Procedendo, to return and sand back, the said Indictments and Presentments, to be tried and proceeded in, in the same Courts and places from which they are removed, the form whereof is as followeth, and may serve, mutatis mutandis, for any other cause whatsoever.   

A Procedendo upon a Certiorari.  
Procedendoes in Titulo.  
THe Keepers of the Liberties, &c. To the Conservators of the peace, &c. Whereas we did of late for certain causes, command you, and every of you, that all and singular Indictments concerning all Felonies and trespasses, whereof A. B. before you doth stand indicted( as it was said) with all things concerning the same, by what name soever the said A. was called in the same before you, under the seals of you, or one of you, at a certain day now past, wheresoever we should then be in England, you, or one of you should sand unto us, together with the same Writ thereof to you directed; that we might further proceed therein as of right, according to the Laws and Custom of England belongeth. We for certain causes in our Court before us moving, command you, and every of you, that from doing the execution of the said Writ, you do supersede; and to the determination of the said Felony and Trespass, with that celerity which of right, and according to the Custom aforesaid, as to you shall seem good, you do proceed, our said Writ to you as aforesaid directed notwithstanding. Witness H. R. at Westminster, &c.   

A Procedendo upon a Habeas Corpus.  
THe Keepers, &c. To the Mayor and Sheriffs of London greeting. Whereas we did by our Writ lately command you, that the bodies of A. B. and C. D. in our prison in the custody of you the said Sheriff detained( as is said) together with the cause of their detention in the same you shall have before us( at such a day last past) to do and receive such things as our Court before us should then and there consider. And we for certain causes in that behalf, us especially moving, do command you, that in whatsoever Pleas, Complaints, Indictments, or demands before you, or any of you, against the said A. B. and C. D. or either of them not determined, that you do proceed as of right, and according to the Custom of the City were to be proceeded, our command aforesaid to you in that hehalfe directed in any wise notwithstanding. Witness H R. at Westminster, &c.    

Warrants.  
ANd because the subject matter of this Work is concerning the conservation of the peace, and the punishment for the violators thereof; it will not be amiss that we take our rise from the first Acts which are done, and conduce to the preservation thereof, and the ordinary way to bring Delinquents to condign and legal punishment for all such offences, upon which the several indictments here before specified do arise and have their course. We will therefore begin with the form of such Warrants as are commonly made by the Judges of assize, or the Justices of the Peace, to bring in offenders, who are to be proceeded against, as shall hereafter be set forth; which Warrants are granted upon such several occasions as shall emerge: As where a Felony, or other misdemeanour is done, or the person or persons offending not knowing; for the discovery thereof, the party offended may have recourse to some Justice of the Peace within the said County where the offence is committed, and crave his Warrant of this tenor.  

A Warrant to attach for suspicious persons.  
Kent.  
WHereas A. B. of C. in this County, Yeoman, hath informed me, that this present day, being the day of this instant month of M. between the hours of seven and eight of the clock in the forenoon, he was by three several persons, unknown, assaulted in the high-way, between the Towns of E. and F. in the Hundred of G. and by them beaten, and evil entreated, and put in great fear of his life, and had twenty pounds in money taken from his person. These are therefore to will and require you, and in the name of the Keepers of the Liberty of England, by authority of Parliament, straitly to charge and command you immediately upon receipt hereof, to make diligent search and enquiry within your several Liberties and Precincts( especially in all suspicious places) for all such Vagrant and idle persons as cannot give a good account of their habitation and calling, and them to apprehended upon suspicion of the said offence, and under your custody to bring them before the next Justice of the Peace, where they shall be apprehended to be by him examined, and further dealt with according to Law, and this shall be your sufficient Warrant in that behalf, whereof I require you in no case to fail, as you will answer the contrary.  
Given under my hand and seal at H. the 〈◇〉 day of 〈◇〉 Anno Dom. 1650.  
And this to be directed, To all Mayors, Bailiffs, Constables, Headborroughs, and all other Officers to whom these shall appertain, within the County of Kent.   

IF the party thus robbed, do with all speed make Hue and Cry, and at the next Town to the place where the robbery was done make the same known, and do before the next Iustice of the peace he can find, make Oath thereof, and fresh svit be not made in pursuance of the Offenders, the party robbed shall recover his damages of any one or more persons in the Hundred where the pursuit was neglected, against whom he shall bring his action: and every inhabitant in the Hundred shall contribute to the payment of the costs and damages which shall be recovered of him against whom the action is brought, according to the rates at which they shall be assessed by the Constables and Headborroughs of the several Hamlets within the Hundred where the robbery was done.  
But it behoveth him who will expect benefit by such action, to pursue the words of the Statute to the letter, otherwise he shall take no advantage by the said Statute. The person robbed must therefore, with as much convenient speed as may be, give notice and intelligence of the Felony or Robbery so committed, unto some of the Inhabitants of some Town, Village, or hamlet near unto the place where such robbery is committed, and must within twenty dayes next before such action be brought to be examined upon his corporal Oath to be taken before some one Iustice of the peace of the County where the robbery was committed, inhabiting within the said Hundred where the robbery was committed, or near unto the same, whether he do know the parties that committed the said Robbery, or any of them, and if upon such examination it be confessed that he doth know the parties that committed the said robbery, or any of them, then he so confessing, shall before the said action be brought, enter into sufficient bond by recognisance before by the said Justice before whom the said examination is had, effectually to prosecute the same person or persons so known to have committed the said robbery by indictment, or otherwise, according to the due course of the Laws of this Realm, as by the Statute of 27. Eliz. more at large appeareth.  
I have insisted the longer upon this Point, for the better information of such as are ignorant in the Law, having observed, that for the want of the prosecution of the several circumstances of this Statute, many have failed in their Actions which they had just cause to bring; and sometimes after a verdict upon such action, judgement hath been arrested, and the action lost.   

But if the party robbed do know the Felons, and their names, then the Warrant must be thus;  
THese are to will and require you, and in the name of the Keepers of the Liberties of England, &c. straitly to charge and command you immediately upon receipt hereof, to make diligent search and inquiry within your several Liberties and Precincts for A. B. C. D. and E. F. and them to apprehended for suspicion of Felony, and under your Custody, to bring them before the next Justice of the Peace of the County where they or any of them shal be apprehended, to be by him examined and further dealt with according to Law, and this shall be your Warrant in that behalf, whereof I require you in any wise not to fail. Given under my hand and seal, &c.  
Which Warrant is to be directed as the last before mentioned.  
And in pusuit of such Felons, the Constables, or other Officers to whom the Justice of Peace his Warrant is directed, may( when need shall so require) require the aid of so many of his neighbours of all sorts of able men above fifteen years of age, as they shall think meet. And if any such person so required by any of those Officers shall refuse or neglect to aid them, he may be fined and imprisoned for it at the Quarter Sessions.  
And if upon such search and pursuit the Officers who are commanded by the Justice of the Peace to make the same, do find, or upon good presumption do suspect that the offenders are got into a house, they may( first signifying the cause of their coming, and requiring the doors to be opened unto them) break open the house where the offenders are. And if a Constable do arrest a man upon a Warrant from a Justice of Peace, and after the arrest the party( of his own wrong) getteth away and flieth into another County, in this case the Officer may pursue him, and take him there, and bring him back to the same Justice from whom the Warrant came; but if coming to arrest a man he fly before he be arrested into another County, and he pursue him, and take him there, in this case he must bring him before a Justice of the Peace of the same County where the Offender is taken, where the Officer can do nothing as an Officer, but as a private man only.   

A Warrant to attach one to appear at the assizes.  
Salop.  
THese are to will and requre you, and in the name of the Keepers of the Liberty of England, &c. straitly to charge and command you, to apprehended the body of A. B. late of C. in the County of Salop, Labourer, and him presently to conduct and bring before me, or some other of the Iustices of the peace of the said County, to enter into a recognisance with sufficient sureties for his appearance at the next assizes, or general Goal delivery to be holden for the said County, to answer unto such matters as on the behalf of the said Keepers, shall be then and there objected against him, And hereof fail you not, &c.  
Given, &c.  
To the Constable of D. or to his Deputy, or Deputies, or any of them.   

A Warrant for men which have committed a Riot.  
Kent.  
FOr as much as I am informed, That there is a Riot done and committed in L. in the said County, by A. B. C. D. E. F. and others yet unknown, in casting down a Ditch in the night, tending to the breach of the peace of the Keepers of the Liberty of England, &c. These are therefore in the name of the said Keepers, to will and require you to attach the bodies of the said A. B. C. D. and E. F. and them to bring before me at my house at N. Then and there to answer for the said offence, and all such other matters as shall be objected against them: And further, to be ordered as to Law and Iustice shall appertain. And hereof fail not, &c.  
Given, &c.  
To the Constables of L. &c.   

A Warrant for the Peace.  
Essex.  
FOr as much as A. B. of C. in the County aforesaid Yeoman, hath come before me, and hath taken his corporal Oath, That he standeth in fear of his life, or some other bodily harm to be done unto him by E. F. of G. in the said County Husbandman: These are therefore in the name of the Keepers, &c. strictly to charge you, that presently upon the receipt hereof, you cause the said E. F. to come before me, or some other of the Justices of the peace of the said County, to find and give in sufficient Sureties, as well for his appearance at the next Quarter Sessions of the Peace to be holden for the said County, as also for the keeping of the peace towards the said Keepers, and all the people of this Common-wealth, and chiefly towards the said A. B. And if the said E. F. shall refuse this to do and perform, that then immediately you him safely convey to the Goal at C. there to remain until he become bound, as aforesaid; so as his body may be at the next general quarter Sessions of the Peace to be holden for the said County, together with this Precept; and hereof fail you not, &c.  
Given, &c.  
To the Constables of the Town of D.   

Another Warrant for the Peace.  
FOrasmuch as A. B. wife of R. B. of your Town, Labourer, hath required the Surety of the Peace against C. D. of your Town, Tailor, and withall hath taken her corporal Oath before me, that she requireth the same, not for any hatred, malice, or evil will, but simply, that she is afraid of her life, or hurting, or maiming of her body: These are therefore to will and require you, and in the name of the Keepers of the Liberties of England, &c. to charge and command you, that immediately upon the sight hereof, you, or one of you, require the said C. D. to come before me, or some other of the Justices of the Peace within the said County, to find sufficient Sureties, as well for his appearance at the next general quarter Sessions, &c. as also, &c. As in the former Warrant, &c.   

A Warrant for the good behaviour.  
A. B. and C. D. Esquires, two of the Justices of the Peace in the County of Leicester, to the Sheriff of the said County, to the chief Constables of the Hundred of E. and to the under Constables of F. and to every of tbem, Greeting.   

FOrasmuch as G. H. of F. aforesaid, Husbandman, hath been bound to the Keepers of the Liberty of England in recognisance, for the good abearing, and forfeited the same, and standeth at this time indicted thereof, and continueth a disordered person, and not of good same, nor honest conversation among his neighbours, but is an evil doer, a barretor, a riotous and perturber of the Peace of the said Keepers of the Liberty of England; as we are given to understand by sundry credible persons by evident matters in Articles objected against him; Therefore on the behalf of the said Keepers, we command you and every of you, to cause the said G H. to come before us, or some other of our fellow Justices, to find sufficient Sureties and mainprize, as well for his good abearing towards the said Keepers, as all other the people of this Common-wealth, until the next quarter Sessions of the peace to be holden for the said County; as also for his personal appearance, then and there. And if he shall refuse so to do, that then immediately you safely convey him, or cause to be safely conveyed to the common Goal of the said County, there to be and remain, until he shall willingly do the same; so that he may be before the Justices of the Peace of the said County, at the next general Sessions of the Peace, to be holden, as abovesaid, then and there to answer for his contempt in this behalf. And see that you certify your doings in the premises to the said Iustices at the said Sessions, and bring thither this Precept.  
Given under our hands and seals, &c.  
To the Constable of A. his Deputy or Deputies, or any of them.   

Another Warrant for the good behaviour.  
FOrasmuch as we have been credibly informed, that A. B. of your Town, is a man of evil behaviour, one that daily moveth Discord, Strife, and dissension among his Neighbours, and a common Perturber of the Peace of the Keepers of the Liberty of England, &c. These are therefore in the name of the said Keepers, immediately upon the sight hereof, to cause the said A. B. to come before us, &c. as before.   

A Warrant for the good behaviour, directed to to the Sheriff.  
THe Keepers of the Liberty of England, &c. To the Sheriff of the County of Lanc. greeting. We command you that you omit not for any liberty, but that you enter thereinto, and attach the body of A. B late of C. in your County, Yeoman, so that you may have his body before one or more of our Justices, for the keeping of the Peace within your County assigned, so soon as he can be found, then before them, or one of them to find sufficient surety for his good behaviour towards us, and all the people of this Common-wealth, and especially towards E. F. and to appear before our said Iustices for the keeping of our peace assigned at M in your County at the general Sessions of the peace to be holden for your County, and from thence not to depart without the licence of the said Iustices, under acertain pain upon him by our said Iustices, or any of them to be imposed; and this to do, see ye do not in any wise omit, upon peril that shall fall thereon, and that you have here this Writ. Witness T. B. Baronet, at D. the day of Anno D. 1652.   

A Warrant to levy money forfeited by Alehouse-keepers.  
Essex.  
I. G. Esquire, one of the Justices of the Peace in the said County of Essex, to the Constables and Churchwardens of the Parish of W. and to every of them, Greeting.   

FOrasmuch as it hath been proved before me, according to the Statute in that behalf provided, That all and every the persons hereunto name, being Inhabitants within your Parish of W. upon the tenth day of this instant month of Septemh. have been, and continued drinking and tippling in the house of G. W. of your said Town, Inn-keeper( or Alehouse-keeper) contrary to the form of the same Sratute; These are therefore in the name of the said Keepers, &c. to charge and command you, and every of you, forthwith to levy by distress, and sale of the goods of every of the said persons here under name, the sum of three shillings four pence apiece, if they shall refuse, or neglect to pay the same,( which several forfeitures shall be bestowed and employed by you to the use of the poor of your Parish) and that you render to every of the said offenders, the overplus that shall remain upon your sale of the said goods; if the said offenders, or any of them shall refuse, or neglect to pay their said several forfeitures, and that you can find no sufficient distress whereon to levy the same, that then the Constables, or one of you, shall commit every such offender or offenders( neglecting or refusing to pay the said sum or forfeiture, and not having sufficient whereon to be distrained for the same) to the Stocks there to remain by the space of four hours, and this shall be your Warrant herein, dated, &c.   

To the high Constables of the Hundred of R. and to either of them.  
THese are in the name of the Keepers of the Liberty of England, &c. to command you to warn all the Inholders, Taverners, Cooks, Alehouse-keepers, Butchers, and other Victuallers whatsoever within your Hundred, personally to appear before us at L. upon Tuesday, being the twentieth day of this instant Febr. at the sign of the Swan there; and to bring with them Sureties that shall enter into bond with them, to the use of the said Keepers, for the due observation of the Orders lately published for the restraint of killing, dressing, and eating of flesh in Lent, or upon Fish-days, according to a Proclamation in that behalf made; and that you, or one of you be then and there with us to deliver us a note in Writing of the names and surnames, and dwelling places of every of them, and of all other that victual without licence within your Hundred; as you will answer the contrary at your peril. Dated at W. the first day of Febr. Anno Dom. 1652.  
By this time we see what use is of a Constable by whom all the Warrants before mentioned, and which shall hereafter follow, are to be executed: but before we trouble him with the execution of any more. I think it convenient to set down his duty, which shall best appear by the Oath which he takes when he is put into that troublesone and necessary Office; which done, we shall and some f●●ther forms of Warrants, and make such observation as shall be emergent thereupon; the tenor of which Oath is as followeth.   

YOu shall well and truly serve the Keepers of the Liberty of England by Authority of Parliament, in the Office of Constable within your Township, Liberty and Precinct: you shall see the peace to be well and truly kept; you shall arrest all persons committing any assaults, affraies, riots, or unlawful assemblies, to the breach of the peace; you shall from time to time present the offences done and committed, contrary to the Statute made against Drunkenness, you shall see that the Statute of Winton for punishment of sturdy beggars, Vagabonds, Rogues, and other idle persons be put in execution, and the offenders punished, you shall do your best endeavour upon complaint made to apprehended all Felons, Barretors; riotous persons, and other offenders making any affraies; and if any of them shall resist with force, you shall make outcry, and them pursue till they be taken: you shall have regard, that no unlawful games be used: you shall duly execute all Precepts, and Process coming unto you from any of the Justices of the peace within this County; you shall make true presentments of all bloodshed, outcries, affrays, rescues, and other misdemeanours committed within your Office: and you shall duly and truly, to your power and best knowledge, do all other things which appertain to the Office of a Constable to be done for this year to come, or for so long as you shall continue in the said Office, So help you God.  
And because in this Oath of the Constable, mention is made of the Statute of Wynton, for watch, Hue and Cry, which he is sworn to see executed, though few do understand the tenor of that Statute, I have thought it worth the labour, for the better information of such Officer, to insert the same in this Treatise of the peace, which is as followeth.   

IF any be suspected of the death of any man, being in danger of his life, he shall be taken and imprisoned, and Hue and Cry shall be levied for all murders, burglaries, and for men slain, or in danger to be slain, as otherwise is used in England: And all shall follow the Hue and steps as near as can be, and he that doth not, and is convicted thereupon, shall be attached before the Justices of the Goal delivery: immediately after any Felonies and Robberies be committed, fresh svit shall be made from town to town, and from country to country; and inquest shall be taken( if need be) by him that is the chief Lord of the Town, and after in the Hundreds, Franchises, and in the County, and sometimes in two or three, or four Counties, in case where felonies be committed in the marches of Shires, so that the offenders may be attainted and suffer punishment. And if the country, will not answer for the bodies of such offenders, the people dwelling in every such country shall answer for the Robberies done, and the damages: So that the whole Hundred where the robbery shall be done with the Franchises which be within the same Hundreds shall answer for the Robberies done. And if the robbery be done in the division of two Hundreds, then both the Hundreds together, with the Franchises within the Precincts of them shall answer; and the country shall have no longer time after the Felony and Robbery committtd, but forty dayes, within the which they must agree for the Robbery and offence, or else they shall be answerable for the bodies of the offenders.  
And now that the Constable being informed what is meant by the statute of Winton, knows what he is to do in the execution thereof; we will find him some more work in the execution of such other Warrants and Precepts as shall come to his hands from the Justices of Peace, or the Upper Bench; but before I do that, I shall set down the Oath of an High Constable, of which there are commonly two in every Hundred, as followeth.   

YOu and either of you shall well and truly serve the Keepers of the Liberty of England by authority of Parliament, in the Office of High Constables within the Hundred of L. within this County, wherein you and either of you shall do and perform all things belonging to your Office according to your best skill and knowledge, and according to such Articles and other directions as shall be given you by this Court.  
So help you God.  
This Officer of high Constable hath power to do divers things which the petty Constable hath not, which because they do not merely concern the peace( which as I said before is the subject matter of this present Work) I shall not mention; I shall only observe, that by the late King Charles his special direction, Anno Dom. 1630. the high Constables were charged to look to the petty Constables that they be diligent in their Offices; and that they should present to the Justices of the Peace the defaults of the petty Constables, in their not punishing of Rogues, or not presenting those that are Relievers of them.  
And that you may see how much the Law favours and protects a Constable executing his Office duly. I have set down two Judgements upon actions brought against them, for the encouragement of such as are careful to perform their Duty.   

IN Trespass upon Assault, Battery, and Imprisonment made( such a day and year) at B. in the County of Cornwall, brought by C. against D. The defendant saith, that he was Constable of the same Parish, and that the plaintiff, the said day, year and place brought an infant, not above the age of ten dayes, in his arms, and left him upon the ground, to the great disturbance of the people there being, and that he commanded the Plaintiff to take up the said Infant and carry it away with him, which the Plaintiff refused to do, for which cause he quietly laid his hands upon the Plaintiff, and committed him to the Stocks in the same Town, where he continued for such a time, until he agreed to take up the Infant again, which is the same Assault, Battery, and Imprisonment, of which the Plaintiff complains.— Upon which the Plaintiff demurred.  
Fenner Justice was of opinion, that what the Constable had done was lawful, &c. Popham chief Justice said, That a Constable is one of the most ancient Officers of the realm, for the conservation of the Peace, and if he see any breaking the Peace, he may take and imprison him till he find Surety by obligation to keep the Peace. And if a man lays an Infant which cannot help itself on a Dunghill, or openly in the Field, so that the Beasts or fowls may destroy it, the Constable seeing it may commit the party so doing to prison. For( said he) what greater breach of the peace can there be, then ●o put such an infant in danger of its life; and there is no diversity between this case, and the case in Question, for no body was bound by Law to take up ●●e Infant but he which brought it thither, and so the Infant might perish, the default thereof was in the Plaintiff, and therefore the action would not lye. The Lord Pophams Reports. fol. 13.   

32. Eliz. in the Kings Bench.  
IN the case between F. and his wife, who brought their action against S. a Constable for false imprisonment of the wife, And it was ( inter alia) resolved by Wray chief Justice. That upon the general Warrant ( scil.) Coram aliquo justiciariorum, it is more reason that at the election of the Constable who is an Officer, and Minister of Justice, to bring the party attached before what Justice he will, who in presumption of the Law is a person indifferent, and sworn to do his Office duly, then to leave it to the election of the delinquent, who peradventure will carry the Constable( the greater part whereof are poor men) to the furthest part of the County, whereby such Constables will be the more negligent and remiss about such Warrants, for fear of travel, and loss of their time. Which judgement is against the Opinion of Fineux, 21. H. 7. whereof the Reporter made a Quere. But this agreeth with the Opinion of the Lord Brook in abridging the Case of 21. H. 7. titul. False imprisonment.— And note, That in this case Sir Ed. cook saith, that the Law was adjudged in the Point, as to his knowledge it never was before.  
Secondly, It was resolved, that after the Officer in the case above, hath brought the party before a Justice, and before him he refuse to find Surety: the Officer, without any new Warrant or Commandement may carry the party to Prison, and that by the words of the Warrant, Et si hoc facere recusaverint; and Wray said, That a Iustice of Peace may in such case make a Warrant to bring him before himself and it shall be good and sufficient in Law. For its likely that he that makes▪ the Warrant hath best knowledge of the matter, and therefore is more apt to do Justice in the case. Sir Ed. Co. 5. Report. fol. 59.  
And that you may know in what power Constables were in former times, you shall understand that before the Statute of 3. H. 7. Every Constable at the Common Law, might bail one suspected of Felony by obligation, or commit a man to prison that made an affray till he found Sureties, Lamb. 15.  
And being hurt in parting an affray, he may have his action against the Affrayer, but the Affrayer can have none against him. Lamb 132.  
And if two be fighting in an house, the doors being shut, he may break open the doors to see the Peace kept, and may imprison an Affrayer in the Stocks( not in his house) till he may provide to carry him to the Goal, or to a Iustice of Peace. Lamb. ibidem.  
If a man be arrested for suspicion of Felony by a Constable, and after Conusance is come to him that made the arrest, that there is no Felony done, The Opinion of Keble, Conisby and Frowick Serjeants was, that he which had arrested him, might let the prisoner go at large. But by their Opinions, if a man were slain indeed, and one is arrested for the same Felony, or for suspicion thereof, although that afterwards he have knowledge that he whom he arrested was not guilty, or that he made the arrest upon malice, yet may not let him go at large, but it behoves that he be delivered by course of Law, and not by their discretion, and in this case this deliverance by him is Felony, &c. Kelw. Rep fol. 34.  
And now having done with the high Constable, for so much as concerns the matter of the Peace, I shall return again to the Warrants I formerly promised.   

A Warrant to take men Indicted, that have not payed their Fines assessed upon them.  
FOrasmuch as the several persons here under name, stand indicted and presented for their several Offences hereafter expressed, and have not made Fine to the Keepers of the Liberty of England, &c. These are therefore in the name of the said Keepers, to charge & command you that you apprehended & take them, and every of them, and them and every of them safely to keep, so that you have their bodies before the Justices of the Peace, at the next general Sessions of the Peace to be holden for the said County, after the Feast of Easter next coming, then and there to make their Fine for the several offences, and further to do as to the said Iustices shall be thought fit and convenient: And of your doing therein, that you certify us at the said Sessions, given in open Sessions under our Hands and Seals at M. the tenth day of January, Anno Dom. 1652.   

A Warrant for the Peace granted by a Judge of assize.  
THe Keepers of the Liberty of England, &c. To the Sher●ff of Lancaster, greeting. We command you, that you omit not for any Liberty in your County, but that you attach A. B. late of C. in the said County Yeoman, so that you may have his body before our Iustices at Lancaster, on Monday the tenth of April next coming, then and there to give sufficient security to keep the peace towards us, and all the people of this Nation, and chiefly towards R. B. under a certain pain upon him by our Iustices to be imposed; And when you shall by virtue of this Writ attach him, then by sufficient Sureties such as will be bound for him, you shall under a reasonable pain to be imposed, you shall bind him, as well for his appearance at the said day, as also for the keeping of the Peace towards us, & all other people of this Nation, and especially towards the said R. B. until the said day; and this in no ways to omit, upon pain and peril that shall fall thereon, and have you here this Writ. Witness E. B. at Lancaster, the 〈…〉 day of 〈…〉 Anno Dom. 1652.   

A Warrant to attach a felon.  
FOrasmuch as complaint hath been made to me by A. B. of your Town, that he hath of late certain goods feloniously taken from him; and that he hath in suspicion one C. D. of your Town, Labourer. These are therefore to will and require you, and every of you, presently upon the receipt hereof, to atteach the body of the said C. D. and thereupon to bring him before me, to answer unto the premises. And hereof fail you not at your peril.  
Given under my hand and seal, &c.  
To the Constables of M.   

A Warrant for one who hath dangerously hurt another.  
FOrasmuch as I am credibly informed, that A. B. of your Town Butcher, hath now lately dangerously hurt one C. D. of your Town, Yeoman, by a blow which he hath given the said C. D. on his head, and another on his back, so that the said C. D. is in danger of death thereby. These are therefore in the name of the Keepers, &c. to charge and command you, that immediately upon sight hereof you or one of you do bring the said A. B. before me( or some other of the Iustices of the Peace of the said County) to find sufficient surety as well for his appearance before the Iustices of the said Keepers at the next general Goal-delivery to be holden for this County, then and there to answer unto the Premises; as also that he the said A B. shall in the mean time keep the Peace towards the said Keepers, and all the people of this Common wealth, and especially towards the said C. D. And hereof fail you not at your perils.  
Given under my hand and seal, &c.  
To the Constables of M. and every of them.   

A Warrant to attach the reputed Father of a Bastard Child.  
WHereas complaint hath been made to me by K. L. of your Town, single-woman, that she is begotten with Child by one R. S. also of your Town, tailor. These are therfore in the name of the Keepers of the liberty of Eng. to will and require, & also to charge and command you presently upon the receipt hereof, that you attach the body of the said R. S. and thereupon to bring him before me( or some other Iustices of the Peace of this County) to find sufficient surety as well for his appearance at the next general Sessions of the Peace to be holden for this County, as also for his good behaviour towards the said Keepers of the Liberty of England, &c. and all the people of this Common-wealth, in the mean time. And hereof fail you not, &c.   

A Warrant for a Fugitive servant.  
Kent.  
W. I. Esquire one of the Iustices of the Peace in the County aforesaid. To the bailiff of the hundred of W. and to R. H. Constable of M. in the County aforesaid, Greeting. Forasmuch as A. B. being retained in the Service of C. D. him to serve) according to a form of the Statute for Labourers Enacted) hath from the Service of his said Master without any reasonable cause, or Licence of the said C. D. departed( as it is informed) Therefore on the behalf of the said Keepers; I require you and every of you, the said A. B. unto the said C. D. his Master him to serve, you cause to be delivered. And if he shall refufe so to do. That then you cause the said A. B. unto the Goal at M. to be brought. So that you may have him before me and my fellow Iustices of the Peace of the said County, at the next general Sessions of the Peace there to be holden, then and there to do and receive such things as is agreeable to the Law and Iustice.  
Given, &c.   

A Warrant to search for Sheep stealers.  
WHereas I am informed, That A. B. of C. in this County, Yeoman, hath had divers Sheep taken out of his Flock at C. aforesaid, some whereof at divers and sundry times have been killed, flayed, and their bodies carried away, leaving their skins behind. These are therefore in the name of the Keepers of the Liberty of England, & c. ●● require you and every of you, to whom it shall appertain upon sight of this my Warrant, to make diligent search in all suspected places within the Hundred of N. and elsewhere as you shall be advised and directed by this Bearer: And upon finding and apprehension of the offenders, or any of them, to bring them before me at my house at W. to be proceeded with according to Law. And hereof fail you not, &c.   

A Warrant to take a fellow granted in open Sessions.  
THe Keepers of the Liberty of England, &c. To the Sheriff of the County of Essex greeting. We command you that you admit not for any liberty, But that you attach the body of A. B. and C. D. late of E. Labourers. So that you may have them before some of our Iustices for the conservation of the Peace, &c. in your County assigned, so soon as they can be taken, to find good and sufficient surety for the good abearing towards us, and all the people of this Nation according to the form of the Statute in that case made and provided. And that they do personally appear before our Iustices of the Peace in your County, at the next general Sessions of the Peace to be holden for your County.   

A Warrant for suppressing an Alehouse.  
Surrey.  
A. B. and C. D. Iustices of the Peace of the said County of Surrey, to the Constables of E. greeting, whereas we are informed. That I. K. of your Town Victualler, is himself a man of evil behaviour, and doth also suffer evil and disordered rule in his house, contrary to the Laws and Statutes of this Common-wealth; These are therefore in the name of the Keepers of the Liberty of England, to will and command you forthwith to repair to the house of the said I. K. and to charge him to sur-cease from common selling Ale or Beer at his peril; and withall to cause his Sign( if he have any) to be pulled down: Hereof fail you not, as you and either of you will answer the contrary at your perll.  
Given under our hands and seals, &c.   

A Warrant to take a common Alehouse-keeper who hath no licence.  
Hertff.  
WHereas A. B. of C. in the County aforesaid, hath of his own authority taken upon him to keep a common Ale-house or tippling-house in C. aforesaid, contrary to the Statute in that case made and provided, and still continueth so to do, contemning sundry warnings given him to leave off offending the Law therein. We therefore H. I. and K. L. Esquires, two of the Iustices of the peace within the said County, do hereby in the name of the Keepers of the Liberty of England, &c. charge and command you the Constables of C. aforesaid, the said A. B. to apprehended, take, and convey unto the common Goal of this County: The Keeper of which Goal we the said Justices do hereby in the name of the said Keepers likewise charge and command the said A. B.( at your the said Constables hand) to receive, and in Custody safely to detain by the space of three dayes expired, and him not to enlarge before he hath become bound with two good Sureties before us or some other Justice of the Peace of this County, that he shall not keep any common Ale-house or Tippling house; or use common selling of Ale or Beer, according to the P●oviso and appointment of the Statute in that Case made and provided.   

A Warrant for choosing a new Constable.  
WHereas A. B. of your Town being now Constable, is by reason of his Age and impotency very unable and unsufficient to discharge and execute the said place: These are therefore in the name of the Keepers of the Liberty of England, to will and require you and every of you whose names are here under written, to be and personally appear before me at my house at C. to morrow by eight of the Clock in the morning, that I may make choice of one of you to be sworn, to undertake the said Office, and to execute the same, and hereof fail you not, &c.   

A Warrant for a privy search to the High Constables.  
WHereas by an Act of Parliament in the seventh year of late King of England, entitled an Act for the due execution of divers Laws and Statutes made against Rogues and Vagabonds, and all other lewd and idle persons; It is provided, that the Justices of the Peace of every County within their several Divisions shall meet together for the execution of the said Statute, and that four or five dayes before their meeting they shall cause the Constables of every Hundred to make a general privy search for the apprehending of such Iewd people. These are therefore in the name of the Keepers of the Liberty of England, to command you that taking for your assistance the Constables of every Town and some other persons of sufficiency, you make a private search through your Hundred upon Monday at night next, and apprehended such Rogues and Vagabonds wandring and idle persons as shall be then found, and them cause to be forth coming and brought before us and other Iustices of the Peace at S. upon Thursday morning by eight of the Clock, to receive such order and punishment as the Law doth appoint; and that yourselves do there attend with Certificate of your proceedings, not doubting but you will be careful to use all due care and secrecy in this Service: We bid you farewell;  
Given under our hands and seals, &c.   

A Warrant to the High Constable to give warning to the Overseers of every Parish to be at the sitting of the Justices.  
FOr the better execution of the Statute provided for the relief of the poor this year following. These are in the name of the Keepers, &c. to will and require you to give knowledge to the Chuch-Wardens and Overseers for the poor for this year last past, that two or one of them severally for every Parish within your half Hundred, to make their personal appearance before us, upon Wednesday the third day of april next, by eight a Clock in the forenoon, at A. at the house of I. D. then and there to make good and yield up their Accounts fair written, and subscribed with all their hands, according to former directions, after this manner.  
First, the names of them that contribute, and what every one giveth,  
Secondly, who receiveth relief, and what every one is allowed, and what remaineth.  
Thirdly, such Arrearages as be due from the old Overseers, and the Warrant from their year. And also that they give us in Writing the Names and Sur-names of three or four of the most substantial Inhabitants in their several Parishes, that we may choose some of them to be Overseers for the Poor of each several Parish for the next year, according to the true intent of the said Law.  
Furthermore, you are to charge all Inn-keepers, Alehouse-keepers, and Victuallers within your Hundred, to appear then and there likewise before us, and bring their Licenses with them to renew the same. And if any within your said Hundred shall victual without licence, you shall cause them also at the time and place aforesaid to be brought before us to be proceeded with, according to the Statute in that case made and provided. And lastly, that one of you be with us in the furtherance of the said service; whereof we require you not to fail at your perils, &c.   

A Warrant against one for drinking a Health to the King of Scots.  
THese are to will and require you, and in the name of the Keepers of the Liberty of England, and straitly to charge and command you presently upon the sight hereof to attach the body of W. B. of Dextford in this County Butcher, who is charged to speak these words, Here is an Health to King Charles; and him to bring before me, or some other of the Iustices of the Peace of this County, to enter into recognisance with sufficient Sureties to be forth coming, to answer the Parliament, council of State, high Court of Iustice, or at the next general Goal-delivery holden for this County; then & there to answer unto such matters as shall be objected against him on the behalf of the said Keepers; And hereof fail you not, as you will answer the contrary at your peril.  
Given under my hand and seal the 〈◇〉 day, &c.   

A Warrant for such as refuse to pay their assessments.  
FOrasmuch as we are informed, that the persons here under name do refuse to contribute or pay the sums of money here under mentioned( upon their heads) being assessed and ranted upon them severally for and towards the necessary relief of the Poor of your Parish, according to the form of the Statute in that behalf made and provided. These are therefore in the name of the Keepers of the Liberty of England, &c. to charge and command you, and every of you forthwith to levy all and every the said several sums unpaid, and all the arrearages thereof, of all and every the persons so refusing, by distress and sale of the Offenders goods, you rendering to the parties the over-plus that shall remain upon the sale of the said Goods: And this shall be your sufficient Warrant, dated, &c.   

A Warrant for removing of a petty Constable, and swearing of another.  
THe Keepers of the Liberty of England, &c. To the Sheriff of Kent, and also to the high Constable of the Hundred of S. greeting. Forasmuch as A. B. and C. D. petty Constables of the Town of F. in the said County( for certain causes us moving) we have thought good to remove and discharge from the said Office: We do therefore require and command you and every of you jointly and severally, that you cause to swear in the said Office, D. E. and F. G. well and faithfully to execute the said Office, and that the said A. B. and C. D. do not any further exercise or execute the said Office until they have further commandment from us: And what you shall therein do, you certify our Iustices for the conservation of the Peace in that County, assigned at the next general Sessions of the Peace for that County to be holden, Witness, &c.   

A Warrant for the good Behaviour granted in the Sessions.  
WE the Iustices for the conservation of the Peace within the County of Stafford, whose Names are subscribed. To the Sheriff of the said County, and to all Mayors, bailiffs, Constables, and all other Officers of the Keepers of the Liberty of England, and especially to the Constable of G. greeting. Forasmuch as at the general Sessions of the Peace holden at S. within this County, the 〈…〉 day of 〈…〉 last past, E. K. late of L. in the said County, Husbandman, standeth indicted for shooting at one I. C. with a ston Bow, and for divers other misdemeanours. These are therefore in the name of the said Keepers, straitly to command & charge you presently upon receipt hereof, that you apprehended and take the body of the said E. K. and him bring before us, or some other of the Justices of the Peace of this County, to find sufficient surety and mainprize for his personal appearance at the next general Sessions of the Peace to be holden for this County, and in the mean time to be of good behaviour towards the said Keepers, and all the people of this Common-wealth, and especially towards the said I. C. and that he do not depart without licence of the said Justices; and if he refuse so to do, then to convey him, or cause him to be conveyed to the common Goal at S. there to remain without bail or mainprize until he willingly do the same.  
Given in open Sessions, the 〈◇〉 day, &c.   

A Warrant from a Justice of Peace to fetch a witness to give Evidence.  
FOrasmuch as you are thought to be a fit and necessary witness to be examined on the part and behalf of the Keepers of the Liberty of England. These are therefore in the name of the said Keepers, to command you that you be and personally appear before the Justices of the Peace, at the next Sessions of the Peace to be holden for this County, then and there to testify and depose your knowledge upon the behalf of the said Keepers, to and upon such matters as then and there you shall be examined of: And hereof fail you not at your uttermost peril;  
Given under my hand and scale, &c.   

Another Warrant for a fugitive Servant.  
I. R. one of the Justices of the Peace, &c. To the Constables of the Town of M. and to W. by the Bailiff I●inerent in the said County, and to every of them, greeting. On the behalf of the Keepers, &c. I require and charge you, and every of you, that you or one of you attach A. B. of M. aforesaid Weaver. So that you or one of you may have him before me and my fellow Justices of the Peace, at the next general Sessions of the Peace for the said County to be holden, to answer as well to the said Keepers as also to C. D. of M. aforesaid, to show cause why being retained in the service of the said C. D did from the said Service depart before the end of the term between them agreed, without any reasonable cause, and the licence of the said C. D. in contempt of the said Keepers, &c. and the great damage of the said C. D. and contrary to the form of the Statute in that case made and provided; And that you or one of you have there this Precept.  
Given under my hand and seal; &c.   

A Warrant for one refusing to serve.  
Kent.  
A B. baronet, one of the Justices of the Peace of the said County, to R. L. bailiff of the Hundred of B. greeting. On the behalf of the Keepers of the liberty of England, I do will and require you to attach D. of F. in your Hundred Labourer, so that you may have him before me and my fellow Iustices, at the next general Sessions of the Peace for the said County to be holden, to answer as well to the said Keepers, as also to G. H. of B. aforesaid Yeoman; why he being often times required by the said G. H. to serve him a service fit and agreeable to his Estate, hath neverthelese altogether refused to serve the said G. H. in contempt of the said Keepers and great damage of the said G. H. and contrary to the form of the Statute in that case made and provided: And that you have here this Precept;  
Given under my hand and seal, the 〈◇〉 day of 〈◇〉 Anno Dom. 1653.   

But if a man doth suspect that the Peace or good Behaviour will be demanded against him, or doth hear that a Warrant to that purpose is awarded against him, he may go and give surety by Rocognizance, for the Peace or gored Behaviour, before any other Justice or Justices of the same County( as the case requires) and may thereupon have a Supersedeas, if for the Peace only, by one Justice; But if it be for the good Behaviour, the same is ordinarily granted in open Sessions, or out of the Sessions, by two or more Justices, and not otherwise; which Supersedeas for the Peace may be, and commonly is in this form.  
I did before premise, that upon a Warrant for the peace and good Behaviour granted out of the Chancery, Upper Bench, or the Iustices of the Peace, a man might also have a Supersedeas from either of those Courts, or the Iustices of the Peace of the County, as the case requireth; Let us now see how the party that hath it must regularly use it, which is thus.  
〈…〉 the Constable or any other Officer having a Warrant from either of the said Courts or Justices of the Peace, do go about to arrest the person against whom the Warrant is, and the party hath his Supersedeas ready to show to the Officer, and doth show and deliver the same unto him when he is about to execute the same: In this case the Officer ought not to meddle with him; for the Supersedeas is a discharge to the Officer from doing any thing which was required to be done by that Warrant; and if the Officer will nevertheless arrest the party, he may have his Action of false Imprisonment against him.  
But before we speak thereof, we will show what the surety of the peace is, and how to be had.  
Surety of the Peace, is the acknowledgement of ● recognisance to the King,( taken by a competent judge of Record) for the keeping of the peace. Dal. 161. and may be commanded by a Iustice of the peace, either of his own discretion, when one makerh an assault upon the Iustice himself, or when one maketh an affray in his presence, or in his presence or hearing, shall threaten to kill, beat, or hurt another, or to burn his house▪ and for many other causes which are at large particularly mentioned by Mr. Lambert and Dalton, to which I had rather refer the Reader, then transcribe all that they have written thereon.  
And for this surety the party grieved may have a Writ de securitate pacis.    

Where the Writ de Securitate pacis lieth.  
THis Writ lieth where a man is in fear or doubt that another will beate him, or assault him, and it lieth properly where a man doth threaten to kill, beat, or assault him, then he may come into the Chancery, and pray to have such a Writ directed to the Sheriff in this form.  
The King or Protector to the Sheriff of Kent greeting, Whereas A. B. of C. hath grievously complained to us, that C. D. doth threaten to do some mischief to his body. We do therefore command you, that to the said A. B. from the said C. D our firm peace, according to the custom of England, you cause to have, so that you may be sure that to the said A. B. of his body by the said C. D. or by his procurement no damage or peril may come; Witness, &c.  
Or if one threaten to burn his house. Thus— We command you, &c. that &c. to the said A. B. of his houses aforesaid, by such burning he receive no damage, &c.  
And he may have this Writ for the security of his body and burning of his houses all in one Writ, and he may have an allies and Pluries attachment against the Sheriff if he do not his Office. Fitz. Nat. Br. fol. 87.  
Or he may upon complaint made to the Justices of the Peace, and Oath taken( but not otherwise) have a Warrant to the Constable to bring such a one before him, who may bind him to the peace, but for the good abearing, it is to be done by two Iustices.  
And if a man have such a Warrant directed to the Sheriff, and the Sheriff take security that he shall keep the Peace, and afterwards he break the Peace upon him which demanded it, now he that demands this surety shall have an attachment against him, who found this surety; the tenor of which Writ you shall find in Fitz. Nat. Br. fol. 80. A.  
And this Writ is sometimes directed to the Sheriff, and sometimes to the Iustices of the Peace, the form whereof you may find in the same Book. fol. 80 D.  
And if a man threaten to beat his wife, she may have this Writ. Ibidem. F.  
And so if a man require surety of the Peace of any man in the County, he shall find sureties in the County before the Iustices of the Peace, and he which demands this surety may sue a Writ of Certiorari directed to the Iustices of the Peace, and the recognisance taken for it, and that under the hands and seals of the Iustices, or one of them, to certify the recognisance, and surety taken.  
And when a Writ of Supplicavit is directed only to the Sheriff, then the Certiorari shall be directed only to the Sheriff to make return of the surety found, if be have taken any.  
If a recognisance be taken for keeping the Peace against all people, especially against I. S. whither I. S. may release it before any Iustice some have doubted, and there are different Opinions thereabout, And some hold that a Iustice of the Peace, nor the party, at whose svit the Peace was granted can discharge a recognisance by release out of the Sessions; and therefore it is held the safest way that the party appear at the Sessions, and there be released, Yet Mr. Crompton held, that if the Iustice of Peace do at the Sessions certify the release, by this the party who gave the surety is released; And this I am sure is the common practise.  
A Supersedeas is a Writ granted out of a superior Court to stay the proceedings in an inferior, so that a Supersedeas out of the Chancery will discharge surety for the Peace in the Kings Bench, and if it be awarded out of either of those Courts, it will stay the execution of any precept granted by a Justice of the Peace; for contempt whereof by proceeding he may be imprisoned and Fined. Lam. fol 99.  
If therefore a Iustice of Peace receive a Supersedeas out of an higher Court, he must forbear to make any Warrant, or if he have made any, he must sand out his Supersedeas to the Sheriff, or other Officers that he put it not in execution. Lam. fol. 99.  
But whether a Justice of Peace can grant a Supersedeas, for the good abearing, hath been doubted, which Mr. Dalton affirmeth, fol. 197.  
A Certiorari to remove a Record, is in itself a Supersedeas to the Justices, yet the party may have a Supersedeas to the sheriff that he arrest him not upon the Iustices Record. Lamb. 515. for which take the ensuing Presidents.   

A Supersedeas out of the Upper-Bench, both for the Peace and good Behaviour.  
THe Keepers of the Liberty of England, &c. To our Iustices of the Peace in the County of Worcester, & to the Sheriff of the said County, greeting, Forasmuch as A. B. of C. in the County aforesaid, Gentleman, hath found unto us sufficient security, that he will personally appear before us in the Octaves of St. hilary next coming, wheresoever and shall then be in England; And that he will in the mean time as well keep our Peace, as also will be of good Behaviour towards us and all the people of this Common-wealth, according to the form of the Statute in that case made and provided, as by the Record thereof before us fully appeareth. We do therefore command you and every of you, that from restraining or attaching the said A. B. or any surety of our Peace, or the good Behaviour towards us and all the people of this Common-wealth, or any of the people thereof, before you or any of you on this side the Term aforesaid to find, you or some of you do supersede, or cause to be superseded: And if for this cause and none other you have taken him, and detained him in prison under your Custody, that then from the said prison( in which he is detained) if for these causes and none other he be detained) you do without delay, you or one of you deliver or cause to be delivered. Witness H. R. &c.   

A Supersedeas upon release of the Peace out of the Upper-bench.  
THe Keepers of the Liberty of England, &c. To the Justices of the Peace of the County of Middlesex▪ and to the Sheriff of the said County greeting. Forasmuch as A. B. and E. his wife, have come into the Court of the said Keepers before the said Keepers, and have released the surety for the Peace which they desired against R. F and so have relinquished them, as by the Record thereof before us appeareth. It is commanded that from attaching the said R. F. or molesting him for the said Cause; and if for the said cause you have taken him, and in the Prison of the said Keepers under your Custody you have detained him; that then the said R. from the Prison in which he is so detained without delay you cause to be delivered: And hereof fail not, &c.   

A perpetual Supersedeas for the Peace upon bail.  
THe Keepers of the Liberty of England, &c. To the Justices of the Peace, &c. Forasmuch as A. B. in your County, Yeoman, and C. his wife, came into our Court before us at Westminster, on Tuesday next after one month after Michaelmas, and then and there did find unto us sufficient security, as well for himself as the said C. his wife, that they from thenceforth would keep the Peace towards us, and all the people of this Common-wealth of England, as in our Court before us upon Record it fully appeareth. We do therefore command that from compelling and imprisoning the said A. and his wife, or either of them, any security for the Peace towards us, and all the people of this Common-wealth, before you or any of you again to find, you do supersede or cause to be superseded, And if, &c. that then you or one of you do immediately cause them out of such Prison in which they or either of them are detained, to deliver, or cause to be delivered, &c.   

A Supersedeas for the Peace out of the Chancery.  
THe Keepers of the Liberty of England, &c. to the Conservators of the Peace, and to the Justices, to hear and determine divers Felonies &c. in the County of S. assigned, and to the Sheriff of the said County, and to every of them▪ greeting. Whereas A. B. hath found unto us sufficient surety, that he will from henceforth keep the peace towards us, and all the people of this Common-wealth, as by our Writ of Supersedeas issuing out of our Court of Chancery, and among the Records of that term filled in our Court before us doth fully upon Record appear. We do therefore command you, and every of you, that from compelling and attaching the said A. B. to give further security for keeping the peace towards us and all the people of this Common-wealth, or any of them you do supersede, or cause to be wholly superseded; and if for this cause and none other you have taken the said A. B. and in our prison under your Custody have detained him, that then from the said Prison, if upon that occasion, and not elsewhere he be detained in the same, you or one of you, do deliver or cause to be delivered: Witness H. R. at Westminster, &c.  
To the Justices of the Peace, &c. of S. and to the Sheriff of the same County.   

Supersedeas to the Peace.  
Kent.  
W, I. one of the Iustices of the Peace in the County of Kent. To the Sheriff, bailiffs, Constables, Bosholders, and all other Ministers of the Keepers of the Liberty of England, sendeth greeting. Forasmuch as A. B. of C. in the said County, hath personally appeared before me at W. &c. and hath found sufficient surety, that is to say, D. E. and F. G. Yeoman, either of which hath undertaken for the said A. B. under the pain of forty shillings that he the said A. B. shall keep the peace towards the said Keepers & all other the people of the Common-wealth of England, & especially against H. I. of L. Yeoman, and that he shall personally appear before the Justices of the Peace of the said County, at the next general Sessions of the Peace to be holden at Maydstone. Therefore on the behalf of the said Keepers, I require and command you and every of you, that you do altogether forbear to arrest or imprison him, or otherwise by any means to molest him for the said occasion: And if you have( for the same occasion and none other) taken or imprisoned him, that then you do cause him to be delivered and set at liberty, without further delay. Given at W. aforesaid, under my hand and seal, &c.  
And in like manner upon good surety taken by two Justices of the Peace, a Supersedeas may be granted for the good Behaviour, Mutatis mutandis.   

But for a Writ of Supplicavit for the Peace, the Supersedeas must be in this form. viz.  
Surr. ss.  
AMbrose brown, Baronet, one of the Justices of the said County to the sheriff of the said County, and to all and singular bailiffs, and other Ministers as well within the Liberties of the said County as without, sendeth greeting. Whereas I have received a Writ of the Keepers of the liberty of England by Authority of Parliament, in these words. The Keepers, &c( reciting all the Writ, word for word) Forasmuch as C. D. of &c. and E. F. of &c. and the said A. B.( being the person against whom the Writ of Supplicavit was granted) have personally appeared before me the said Ambrose brown: And the said A. B. hath acknowledged to owe to the said Keepers forty pounds, and each of the said Manucaptors have acknowledged to owe to the said Keepers twenty pounds to be levied upon their Lands and Tenements, Goods and chattels, to the use of the said Keepers, viz. That the said A. B. no damage or ill shall do or procure to be done to any of the people of this commonweal in their Bodies, or burning of their houses, and especially to T. R. Therefore on the behalf of the said Keepers, &c. I require you and every of you, to forbear and surcease to Arrest or attach the said A. B. to find any surety for the keeping of the Peace towards the said Keepers, &c. and people aforesaid, or any of them.  
And if for this Cause( and none other) you have taken, or given Commandement to be taken the said A. B. and in the Prison of the said Keepers under your Custody. That then from such Prison in which he is detained, you or one of you do without delay deliver or cause to be delivered. Witness me the said Am. B. the day, &c.  
And in like manner upon good Sureties taken by two Justices of the Peace or more, may a Supersedeas be granted upon a Supplicavit for the good Behaviour.   

The form of the recognisance to be taken upon granting a Supersedeas for the Peace.  
mid.  
MEmorandum, That the tenth of August in the year of our Lord God, 1652. A. B. of C. in the County aforesaid, came before me W. R. Knight, one of the Justices of the said County for conservation of the peace assigned; And the said A. B. did assume for himself in the sum of twenty pounds of lawful money of England, and D. E. of F. in the said County Yeoman, and H. D. of F. aforesaid Husbandman, became bound for the said A. B. either of them ten pound a piece of like lawful money of England, under the condition, that the said A. B. shall personally appear at the next general Sessions of the Peace to be holden for the said County. And that in the mean time he shall keep the peace towards the said Keepers, and all other people of this Common-wealth of England, and chiefly against L. M. Which several sums of money, every of them hath acknowledged to owe unto the Keepers of the Liberty of England, to be levied upon their and every of their Lands and Tenements, Goods and chattels. If the said A. B. shall in any of the premises make default.   

And if for the good Behaviour thus.  
MEmorandum—( as in the former) which several sums of money, every of them hath acknowledged, &c. if the said A. B. shall not personally appear at the next general Sessions of the Peace for the County aforesaid to be holden, and in the mean time shall not be of good Behaviour towards the said Keepers, &c. and all other the people of the Common wealth, according to the form of the Statute, &c.   

Of which recognisances, and others of like nature, if a Writ of Certiorari be prayed, it is thus made.  
THe Keepers, &c. To the Justices of the Peace in the County of Wilts greeting. Our will being for certain causes certain recognisances which A. B. and C. in your County before you acknowledged( as it is said) before us, by you to be sent, We command you that the said recognisances with all things thereunto belonging, as fully and entirely as they were by you lately taken, and in your Custody now remain( as it is said) before us under the seals of you, or one of you in the Octaves of Holy Trinity next coming wheresoever we shall be in England, you or one of you do sand together with this Writ, that we may further do therein as of right and according to the custom of the Common-wealth of England shall be meet to be done. Witness H R. at Westminster, the 〈…〉 day of 〈…〉 1650.   

A Certiorari of a recognisance under a pain.  
THe Keepers, &c To the Iustices of the Peace of the County of Wilts, &c. greeting. Our will being for certain causes that all and singular recognisances for the surety of the Peace, and all other recognisances whatsoever, which A. B. and C. have lately before you acknowledged( as is said) before us to be sent. We command you and every of you as we have otherwise commanded you, all and singular the said recognisances with all things touching the same, as fully and entirely as the same were before you taken, and do now remain in your custody( as it is said) before us on the morrow after All-soules wheresoever we shall be, &c. that we may further do therein, &c. as of right, &c. is to be done; or else to show cause why our commandment otherwise to you directed, you did not or could not execute. Witness, &c.  
We have brought such Felons and other Offenders as have been attached by the Warrants before specified, granted by the Justices, or otherwise, before the said Justices.  
It doth follow in the next place that we see what is done with such of them as cannot, or will not give security for their appearance at the general Sessions of the Peace of Goal-delivery( as the case requireth) which can be no other then sending them to the Goal till they shall be thence delivered by course of Law; which is by a Precept commonly called a Mittimus, so called, for the word We do sand is always used in that Precept; whereof I have thought good to set down some Presidents.   

MITTIMUS.  
To the Keeper of the Goal of the said County.  
Kent.  
WEe sand you herewithal the body of A. Ashly, alias cobbler, and A. M. brought before us this present day and charged with the Felonious using and practising of Witchcraft upon the bodies of a female Infant child of A. O. and of a Daughter of R. W. which Witchcraft the said A. Ashly and A. M. have both confessed before us. We also sand you herewithal the bodies of M. W. Widow, and A. W. widow, both likewise brought before us this present day, and charged with the Felony and engraffed aforesaid: We sand you likewise herewithal the body of T. G. brought before us this present day, and charged with the Felonious consulting with, and rewarding of an evil Spirit; commanding you in the name of the Keepers of the Liberty of England by authority of Parliament, to receive the said A. Ashly alias cobbler, A. M. M. W. A. W. and T. G. into the said goal, and them there safely to keep, until they shall be from thence delivered by due order of Law: Hereof fail you not at your peril;  
Given under our hands and seals at C. the day and year, &c.   

To the Keepers of the Goal at M.  
K. ss.  
I sand you herewithal the body of E. L. of W. Husbandman, who was this day brought before me and charged by T. H. of clear Hall in Cambridge Gent. with Robbing him on Fridy last, on Shooters Hill, and taking from his Person ten shillings, the which he hath upon his examination confessed; You are therefore commanded to receive into your goal, the body of the said E. L. and him safely to keep, until he shall from thence be delivered by Law. Hereof fail you not, &c.   

To the Keeper of the goal at C.  
Essex.  
I Do herewith sand you the Body of R. H. who stands charged upon suspicion of stealing six Oxen, being the Goods and chattels of Sir I. E. Knight, willing and requiring you to receive him into your said goal, and him safely to keep until he shall be delivered by due course of Law, for which this shall be your Warrant, &c.   

To the Keeper of the Castle of York, being the common goal for this County.  
York.  
FOrasmuch as A. B of C. in the said County, was proved before me to be a contentious Person, and a continual disturber of his Neighbours, to the great grievance of the Inhabitants of the said town of C. and in respect thereof hath been required to find surety for his good Behaviour which he hath refused to do. These therefore are in the name of the Keepers of the Liberty, &c. straightly to charge and command you, that presently upon receipt hereof, you receive into your custody the Body of the said A. B. and him not to deliver until he shall find sufficient surety for his good Behaviour; And appearance at the next general Sessions to be holden for the said County. And hereof fail you not.   

Salop.  
H. B. one of the Iustices of the Peace, &c. in the said County of Salop to the Keeper of the goal of the said County, or to his Deputy there, greeting: These are in the name of the Keepers of the Liberty of England, &c. to charge and command you, that you receive into your said goal the Body of A. B. late of C. in the said County Labourer, taken by D. E. and I. G. Constables of the Town of H. and by them brought before me for suspicion of Felony, &c. And that you safely keep the said A. B. in your said goal, until the next general goal Delivery for the said County, if he be not bailable, until he shall thence be delivered by due order of Law. And hereof fail you not, &c.   

A Mittimus for an Alehouse-keeper formerly suppressed.  
Staff.  
W. D. and M. C. two of the Iustices of the Peace of the said County: To the Keeper of the Goal at S. greeting. Whereas I. N. of O. in the said County, upon complaint made unto us of the evil rule kept and suffered by him in his house, and other misdemeanours, by warrant under both our hands and seals was discharged of his Alehouse-keeping, and was by us commanded that he should thenceforth use no more the common selling Ale or Beer. And whereas we are certainly informed that the said I. N. notwithstanding our order and commandement given him to the contrary( as aforesaid) hath ever since obstinately and upon his own authority taken upon him to use commonly selling of Ale and Beer, and still continueth the same. We do therefore sand you herewithal the body of the said I. N. commanding you in the name of the Keepers of the Liberty of England to receive him into your said Goal, and there safely to keep him until such time as he shall be thence delivered by due order of Law. And hereof fail you not, &c.   

A Mittimus to the house of Correction for a dangerous Rogue.  
Suff.  
A. B. and C. D. Esquires, two of the Justices of the Peace of the County of Suff. aforesaid; To the Master or the governor of the house of Correction at B. or to his Deputy there greeting: Whereas I. S. a sturdy vagrant beggar was this day of May, in the year of our Lord God 1650. brought before us, and charged as well with Beging and idle wandring abroad, as also with other Iewd and disorderly behaviour; so as he appeareth to us to be dangerous to the inferior sort of people, contrary to the laws of this Nation in such behalf provided▪ These are therefore to will and require you to receive the said I. S. and him safely keep in your said House, until the next quarter Sessions to be holden in the said County; and during all such time as he shall continue with you, that you hold him to work and labour, and to punish him by putting Fetters and Gives upon him, and by moderate whipping him, as in good discretion you shall see cause, yielding him for his maintenance only so much as he shall deserve or earn by hi● labour and work; and that at the next quarter Sessions you have the said I. S. there together with this Precept, &c.   

Cant.  
I Have sent you herewithal the body of E. C. of G. in the said County of C. being an idle dissolute and disorderly fellow, and one that will not keep in service, nor follow any honest course of life. These are therefore to will and require you, to receive the said E. C. and him safely to keep, until he shall be from thence delivered by warrant from myself or some other of the Justices of the Peace of the said County, and in the mean time to hold him to work, as before.   

A Mittimus for such as hold Land by force.  
Cantr.  
I. C. Knight, one of the Justices of the Peace within the said County of Cantr. to the Keeper of the goal at &c. and to his Deputy or Deputies and to every of them, greeting. Whereas upon complaint made unto me this present day by A. B. of W. in the said County, Yeoman; I went immediately to the house of the said A. B. in W. aforesaid, and there found C. D. E. F. and G. H. of 〈…〉 aforesaid Labourers, forcibly with strong hand and armed power, holding the same house against the Peace of the Keepers of the Liberty of England, and against the form of the Statute of Parliament thereof made, in the fifteenth year of King Rich. 2. Therefore I sand you( by the bringers hereof) the bodies of the said C. D. E. F. and G. H. convicted of the said forcible holding by mine own View, Testimony, and Record, commanding you in the name of the Keepers of the Liberty, &c. to receive them into your said goal, and there safely to keep them until such time as they shall make their Fines to the said Keepers for their said Trespasses, and shall be thence delivered by the order of the Law of the Land. And hereof fail you not &c.  
Given, &c.   

A Mittimus to the House of Correction, of the Mother of a Bastard child.  
Cantr.  
WE have sent you herewithal the body of I. C. of W. in the said County, single woman, being lately delivered of a Bastard child, and like to be chargeable to the Parish of W. aforesaid: And for that the said I. C. is able to labour, and that thereby she may the better relieve her self and her said child. These are therefore to will and require you to receive the said I. C. into your house, there to be punished and set on work during the term of one whole year, according to the Statute in that case provided, &c.   

A Mittimus of a reputed Father of a Bastard child.  
I sand you herewithal the body of R. C. of B. in the County of C. Labourer, brought before me this day, and charged by F. S. of the same Town, single-woman, to have gotten her with child; And for that the said R. refuseth to put in security for his appearance at the next quarter Sessions, and to the end he may be forth coming, when as order shall be taken for the relief and discharging of the said Town of B. and for the keeping of the said child( when it shall happen to be born) according to the Statute in that case provided. These are therefore in the name of the Keepers of the Liberty of England, &c. and on their behalf to charge and command you, that immediately you receive the said R. C. and him safely to keep in your said goal, until such time as he shall be from thence delivered by order of Law: And hereof fail you not, &c.  
I have bestowed somewhat the more pains about these last Presidents for Mittimus, for that I understand that many are of late come into the Commission of the Peace, who have not been much versed in the practical part of that Office, who may have some help by this which is but a pocket Book, and serve them, or( at least) their Clerks upon any emergent occasion.  
And now when any person is brought by Mittimus to the goal, the gaoler must receive him; but if he be brought by any other person then a Constable without a Mittimus from a Justice of the Peace, he is not bound to receive him, and must therefore be carried back to the place where he was taken until a Mittimus be made. And then let us see what is his Duty; but first let us see who may be bailed, and who not, and then preceded to the Office of a gaoler.   

IF a man be taken upon suspicion of Felony, or indicted of Felony for a thing for which he is bailable, and he offer sufficient Surety to the sheriff, or other who hath authority to let him go upon bail, if he refuse so to do, then he who is kept in prison may have a Writ of Mayneprise, the form of which writ you may see in Fitz. Nat. Br. fol. 149. G.  
If a man of good famed be appealed by an Approver whereby he is detained in Prison, then he may sue a Writ directed to the sheriff to bail him with good Surety.  
So if a man be Appealed by an Approver, and is afterwards taken, and kept in prison, and after the Approver die, now he may sue this Writ directed to the sheriff to bail him upon good bail, if he be not a notorious fellow, though he be not of good famed. Fitz Nat. Br. fol. 150. D.  
If a man be indicted as accessary to Murder, as of assent or procurement, or receiving, &c. if he be taken for this, he may sue this Writ directed to the sheriff that he let him go upon bail until the principal be convict or attatint, if he be of good famed. Ibidem. E.  
If a man be indicted of Trespass before the Iustices of the Peace, and put in prison upon Process thereon made, he may sue this Writ out of the Chancery directed to the sheriff to take bail before the Iustices of the Peace, or they may let him go upon bail if they will. Ibidem. G.  
If a man be Appealed of Robbery, he may sue this Writ out of the Chancery directed to the sheriff that he take surety of him to appear before the Iustices, and let him go at large, and if he have not taken him, that then he forbear to take him, if the party offer to find surety to the sheriff. fol. 150. A.  
If a man by the Kings Commission be detained in Prison for Felony, or other misbehaviour, he may by his Friends put in surety in the Chancery, that he appear before the Iustices, and that he shall be of good Behaviour, and this body for body, and thereupon he shall have a Writ out of the Chancery to the Sheriff, or to the Constable of the Castle where he is in Prison to deliver him, if he be in for that cause and none other. Fitz. Nat. Br. fol. 250.  
And for petty Larceny the same Writ, so that he be not arraigned of other Felonies. ibidem. C.  
By the Statute of 23. H. 6. every Sheriff is bound to bail every person which is in his keeping, who is taken by Writ, Bill, or Warrant in any personal action, or for indictment of Trespass if he offer reasonable surety to keep their day given, and in such places where the Bill, Writ, Warrant or Indictment is returnable, &c.  
But persons Condemned, Out-lawed, or Excommunicated, or such as are committed by command of the Iustices of the Peace, Vagrant persons, and such as refuse to serve, and are in prison in the Sheriffs keeping, all these are excepted, and the Sheriff ought not to bail them. ibidem. B.  
Two Iustices of the Peace, whereof one being of the Quorum may let Felons suspected, or other persons which are bailable, to bail until the next general Sessions, or Goal-delivery, but the Iustices must certify the recognisances to the Iustices upon forfeiture of ten pounds, per Statut. 3. H. 7. cap 3.  
The Iustices of the Goal delivery may punish those that bail such as are not bailable by the Statute de finibus cap▪ 3: I.  
By the Statute of 4. Ed 3. the Marshall of the Kings Bench might not bail or mainprize those as were indicted or appealed of Felony, and committed to him, but the Iustices of the Kings Bench may punish him.   

2. Eliz.  
A Man was arraigned of Manslaughter Feloniously, and pleaded not Guilty, but for the difficulty of the Clergy, he was reprieved without Iudgement, and it was moved to the Iustices, whether he were bailable at that time or not; and it was held by the Iustices that he was not, because he was ●o●e then a vehement suspect person when he is convict of an offence. For the intent of the Law in ●●yles is, that he stand indifferent, whether he be guilty or not till his trial. Dyer, fol. 179.  
In Case of Treason no man, neither principal in Felony nor accessary after the attainder of the principal, nor defendant in a heinous crime is baileable ( id. est) he shall not be delivered out of Ward, although he find sufficient sureties to answer the Action. Stamf. Pl. Cor. fol. 71. and 92 In other cases they a●e bailable upon sufficient surety.   

WE have now the Prisoners who did not, or could not, or would not give bail for their appearances at the Goal-delivery or quarter Sessions of the Peace fast enough, and unless others will forfeit their recognisances, we shall have them also ready at the bar to receive their trial if the Bills of Indictment preferred against them be found by the grand Jury. But if that Jury find Ignoramus, and the same be so endorsed on the Indictment, then at the end of the assize or sessions of the peace the party shal be dischared by Proclamation, unless it so fall out that the Justices of the Goal-delivery, or of the Peace at the Sessions shall find cause to continue him longer in Prison, as being a man of evil Behaviour and dangerous to be set at liberty, until he shall give security for his good abearing.  
And in like manner it is when a fellow being arraigned is acquitted upon his trial by the Jury of life and death, he may by the discretion of the Justices of the Goal-delivery, or of the Peace, be continued in Prison for some time, as aforesaid.  
And such Prisoners against whom such Bills of Indictment are found to be true,( and so endorsed on the back thereof) being brought to the Bar, and the Indictment openly red unto them, and thereupon arraigned, must presently pled thereunto, either the general issue not guilty, & then the Jury must try the matter of fact, by whose Verdict the prisoner must stand or fall; which Verdict must be recorded by the clerk of the assize, if it be at the Goal-delivery, or the clerk of the Peace if it be at the quarter Sessions.  
And if the offence be within Clergy the Prisoner may pray the benefit thereof, as I shall anon declare.  
Or the Prisoner may, if he will confess the matter of the Indictment, which being Recorded, the Jury is discharged of him.  
But lest the Prisoner should be discouraged when he comes to his trial for want of indifferency. The Law hath so provided that he shall 〈…〉 be tried by any against whom he hath any ●… se of exception, or that in his own fancy he ●… th dislike, as will appear by the proofs en●… ●ing.   

What challenges a Prisoner may have.  
A Prisoner arraigned at the bar may peremptorily challenge, to the number of twenty, one ●… fter another of the Jury Empannelled upon him, not alleging any cause at all, but his own dislike, and they shall be discharged, and new put into their places, and this is in favour of life. But in case of high Treason no peremptory challenge is allowed, 15. H. 8. cap. 3. And a difference may be observed between challenge principal, and challenge Peremptory, because the challenge peremptory seemeth only to be used in matters criminal, and merely without any cause alleged more then only the prisoners fantasy. Stamf. pl. Cor. fol. 124.  
Upon an Indictment of Champerty the King challenged the array, because the sheriff had purchased parcel of the Lands of a Stranger by which the array was quashed. 44. Ed. 3. fol. 38 Chall. 98.  
If a man be arraigned upon an Indictment of Felony, and challenge all the Jurors for cause when the panel is red, he may challenge all peremptory and relinquish the cause. Mich. 3 T. H. 6: fol. 8. Chall. 48.  
A man indicted of Trespass comes in by process, and traverseth the Indictment, and challengeth a juror because he was one of the Indictors, and held no challenge, but in Felony it may be a principal challenge, Pasc 7. Ed. 4 fol. 4. Chall. 55. 12. lib. Ass. P. 36.  
In conspiracy the plaintiff challenged a juror, because he was one of the Indictors, and it was held a principal Challenge. But where certain men were indicted of Conspiracy, and found guilty at the svit of the King, and the party sueth a Writ of Conspiracy, and the same panel remaineth against those who where indcted, and held no cause of Challenge, yet the Indictment which the Action conceived was for Felony 27. lib. Ass. P. 13, Chall. 137.  
A man out-lawed for Felony, saith, that he was so sick that he could not, &c. and the King hath the Reversion, the party shall have his challenges; and the same Law is if a man who abjures be taken out of the way. Mich. 4. H. 5, Chall. 153. Mich 11. Ri. 2. Chall. 166.  
A man arraigned, challenged 36. peremptory and was hanged Hillar. 3. H. 7, fol. 2 yet 3 H. 7 fol. 12. Chall 51. it was held agreeing to the time of Ed 4. that he which challenged 36. should be put to penance.  
In an appeal it was held, that he who is sworn before upon the same panel, which remaines for default of jurors shall not be challenged peremptory afterwards nor without new cause 9. Hen. 5. fol. 7. Chall. 72. But Fineux held the contrary, because peremptory challenge implies cause, unless the other challenge were at the same time that the pe●… emptory. 14. H 7. fol. 19.  
In an appeal against many, Challenge peremptory for the one was allowed for the others, and then the plaintiff challenged the array, and where he had but one Venire facias before, he prays to have several Venire fac. Trin. 9. Ed. 4. fol. 27. Chall. 56.  
In an Oyer and Terminer it was held no Challenge that in the same Writ another had pleaded, and this juror had passed against him, and assessed damages wherewith this Challenger shall be charged if he be attainted. 29 lib. Assi. P. 3. Chall. 145. And it seems because he may acquit him, though the other were found guilty.  
He that is arraigned of petty Treason, Murder, or Felony shall not challenge peremptory above twenty, but in high Treason or Misprision of Treason no Challenge shall be allowed.  
In an appeal against many which pleaded not guilty, if one Venire facias issued against them all, a peremptory challenge for one is a challenge for all, & it was said, That if at a Gaol delivery the Inquest be charged with two or three, and one challenge peremptory, the clerk will sever the Felons, because the panel is not made between any persons certain. 9. Ed. 4. fol. 27. Chall. 56.  
In an appeal against principal and accessary, which pleaded not guilty, the accessary challenged the array, and the principal said nothing, yet it was quashed against both.  
If a man take a wife and is slain, and after the wife within a year death, now the heir shall not have an appeal, because that once the appeal was given to the wife, in which case at one time the Action was out of his Blood, and therefore cannot be given to the Blood again. Kelw. Rep. casus incerti temporis fol. 120.  
In an appeal brought by Jordan of the death of Nicholas her husband, upon the Indictment the defendant pleaded not guilty, and the Appellant prayed a Venire facias returnable at the next goal delivery, and the defendant prayed a Venire facias with a proviso and could not have it. Kelw. Rep. 7. H. 8.  
Frowicke Iustice said, That where there are principal and accessary in case of Robbery, the party may first begin his appeal against the principal, and afterwards he may commence another appeal against the accessary. And he said that it was adjudged 9 H. 4. That where a man hath Appealed against the principal in case of Murder, and afterwards he hath another appeal against him who abetted, hanging the appeal against the principal. 21. H. 7. Kelw. Rep. fol. 83.  
Fineux the chief Iustice in the Kings Bench, when he sate upon a Riot made by Nubolt in the palace at Westminster in the time of the Parliament 3. H. 8. when the said Nubolt murdered Wroughton, servant to Sir Henry Willughby, that he struck him in the door of Wrigler in the Woolstaple, and thereof incontinently died in the palace, and in the palace Nubolt was hanged. And upon the Charge that he then gave the jury( which were charged to inquire especially of this murder) he said that if twenty men went to beate a man, and make an affray upon him, and he is slain by the stroke of one only, and none other hurt him but he, That he that stroke him is principal, and all the others are accessories to the Felony, though he was not strucken by any of the others, but because their intent at first was to do a thing not lawful they are parties to the wrong. But if no such purpose was at first in these twenty men, as if they went in aid of the sheriff, or to do another lawful act, and by chance one of them strike another that he die, and the others do nothing to him that is slain, no man shall be punished for this Felony, but only he that struck him, and the others are not accessaries in this case. vide, note the diversity. Kelw. Rep. fol. 161.  
The King may challenge a juror without cause, or the array, because the sheriff who made it is cousin to the party, but no challenge can be made against him. 27. H. 7. cap. 26,  
If a man be indicted or appealed of Felony, and upon his Arraigment will confess the crime whereof he is indicted. It is( saith the learned Stomford) lib. 2. fol. 142. in the pleas of the Crown, the best and surest answer he can make to quiet the conscience of the judge, and to make a good and firm condemnation, if the said confession proceed not of fear menace or dares, which if he did, and the judge perceive it, he ought not to take or Record the Confession but cause him to pled not guilty and put it upon the jury to try it.  
A Woman was indicted for felonious taking of bread to the value of two shillings, and being thereof arraigned confessed the Felony, & said she did it by the commandement of her husband, & the judge in pitty would not Record her confession, but caused her to pled not guilty, whereupon the jury found that she stolen the bread by the compulsion of her husband against her will, for which cause she was discharged 27. Ass plea. 50. cited in the Exposition of the terms of the Law. fol. 74.  
Another kind of Confession made by an Offender in Felony( which is not in Court before the Judge) but before a Coroner in a Church or other privileged place, in which the offender by the ancient Law of the realm, is to be abjured the Land, ibidem. But this Law is obsolete.  
A third kind of Confession is, when the Prisoner at the bar at his Arraignment confesseth the Indictment to be true, and that he hath committed the offence whereof he is Indicted, and there becomes an Approver, and prays that he may have a Coroner assigned unto him to whom he may make relation of the offences. ibidem. And if he prove his Approvement true, the Kings of this realm have used to pardon their lives, and only banish them. Stamf. Pl. Cor. fol. 143.  
In an Indictment of Felony, if the defendant confess the Indictment, he may appeach others of the same offence, in which case he is called an Approver, which approvement cannot be but in Felony or Treason, and he cannot Approve one that hath received him, for the Approvement ought to be of such offenc, as he together with the other committed, nor of him that abbetted him, or procured him to do the Felony. 9. H, 6. Fitz Coram. fol. 231. Finchley. fol. 81.  
And now that we are upon the Scene in which ●… he Reverend Judges are to act their parts in the business which concerns the lives of such as come before them for trial of their lives. I shall entreat ●… he Reader to give me leave to speak a little concerning them, which shall be but little; my intent being only to let the world know in what estimation they ●… ught to be held, being persons authorized by the ●… eif Magistrate to administer Iustice in civil causes between party and party, and in Criminals( which is the business we now handle) betwixt him and the people, and therefore are to provide, and so that the Prisoner have no wrong for want of the knowledge of the Law, he having no other council allowed him; and his life which ought to be precious standing at the Stake. And therefore they come not Jusdare, but jus dicere to declare the known Laws, and to interpret the ambiguous, and as well to relieve the Innocent, as to punish the wilfully nocent, and that not always, neither according to their rigour of the Law, For sometimes( as it is said elsewhere) litera occidit, contrary to the intent of the Law, or the Law Makers; and a Reverend Divine of this Nation( long since with God) Preached before the Iudges of assize,  told them, That they should banish some Justices if they should banish all favour out of Judgement, and( said be) the imperial laws( which he did well know he being a Doctor of the Laws) though they detest respect of persons, yet I am sure favour the Defendant more then the plaintiff; and that favours within the Cause, not favours without the Cause, legal favours not personal, are in judgement considerable; but how to do this well is the difficulty, and there the judge must have Scientiam & conscientiam, knowledge by which he is enabled, conscience by which he is in his heart resolved to administer Iustice equally to all men. It were therefore to be wished, though it cannot be hoped for, for donec erint homines erint vitia, and in this life there is no perfection, That all Iudges( and Magistrates too) were such as Jethro wished Moses to make choice of, to assist him in the Government of the people of Israel( viz) Men of courage loving truth and hating covetousness.  
I have long since seen in a Manuscript a piece of a Sermon upon this Text, which thus began. Doubtless the direction was good concerning the qualification of persons to be chosen for this employment, but to find such — hic labour hoc opus est. For they must not( saith he) be like Jeroboams Priests of the lowest of the people, not unlearned, not ignorant, nor by favour called from the bar to the Bench, but they must be picked out of the choicest, gravest and most experienced, and most conscientious of their profession. But old men, saith he, such as Iudges were wont( and ought stil to be) are commonly timorous, & will therfore want the courage which they ought to have, and so will want the first qualification, and it is commonly observed, that covetousness cleaves fastest unto old men, who having been getters all their life time, are then loth to give over their old practise, and will therefore want the third qualification hating covetousness; and then tells us of a passage in a Sermon Preached by Doctor Bridges sometimes dean of Sarum before the Iudges at the assizes ther holden. In which having followed the doctrinal part of his Text, as long as he thought fit, he  told the Iudges, that because he did know they were wise and learned men they needed no instruction concerning their duties, and therefore for Application would only tell them a Tale.  
And it was of a poor labouring man in the Coun●… rey who had lost his sight, and being thereby disabled from working, the good people thereabouts gave him leave to come every Sunday and Holiday( for then there were such kept in comemoration of Christ and his holy Apostles) to come to the neighbouring Parish Churches to take the benevolence of well disposed persons, which he did only by holding out his hand, both there and elsewhere when he heard any body coming towards him, and this continuned about seven years, at the end whereof it pleased God to restore him to his sight, and he fell again to his labour, and earned his living thereby, nevertheless the habit which this man had gotten in that seven years of his blindness made him still when he saw any man come towards him to hold out his hand.  
And now my Lords( said he) you that are now Judges, after you were first called to the bar( if not before) held out your hands for Fees, it may be twice seven years before you came to be Readers, and perhaps seven years more before you were called to be Serjeants, and all that time held out your hands for Fees too, and perhaps after you were Serjeants before you came to be Iudges seven years more.  
I pray God that the custom of holding out your hands so many seven years to take Fees when you were practisers, do not make you hold out your hands still for— now you are Judges; and so ends the Doctors Tale. By which he intimates the force, and in some cases the danger of custom, and the Comentator out of the premises seems to draw this conclusion, that old men are timorous and covetous, and would infer that Iudges being such, will want two of the qualifications before mentioned. I confess all this may be true if they be considered, puris naturalibus, but Grace overcomes Nature, and old men knowing that their dayes are but few, will make the best improvement of their time to Gods glory, and the discharge of their own consciences, knowing what account they are to make in another world, for the things done in this.  
And surely it concerns the Common-wealth to beg of God that he will move the supreme Magistrate to put men of Knowledge and conscience in places of judicature, because of the many difficulties which they shall meet withall in their employment, where their judgments must be much guided by witnesses & Jurors sometimes against their consciences, which in case of a mans life is dangerous, and by experience we find that many have suffered death wrongfully, to which purpose I will( I hope without impertinency) relate a short Story, which was thus;  
A man passing through the forest of Needwood in Staffordsh●re was robbed and murdered, near unto the dwelling house of one across an under Keeper, and inquisition being made by the Coroner concerning this murder, upon such Evidence as was then given, across and his Son, and his Sons wife were indicted of the murder, and upon the Indictment arraigned at Stafford assizes before Sir John croak, and although( as I heard) to Evidence in many mens judgements was not convincing, and that the prisoners did deny that they were guilty of the offence, yet the jury found them all three guilty of murder, and had their judgement to be hanged at the place where the murdered man was found, which was near their Lodge, and being ready to die; upon their salvation they protested their innocency, and there died. Seven years after, a Baggpiper ( whose name as I remember) was Money penny, being for his misbehaviour committed to the House of Correction; and being weary of his habitation, ●inde means to acquaint some Iustices of the Peace of the County, that if he might obtain his pardon, he would do great service to the Country, by discovering a great number of thieves, and Receivers of them in that and other bordering Counties; which being done, he did appeach divers men( before unsuspected for such) gave evidence against them, and hanged such as could not by course of Law be discharged, as by Clergy, &c. and at last confessed that he killed the man, and the devices he used to make across, his Son, and daughter in law to be suspected, and attainted.  
This Relation I have made as a Caution both to Iudges and jurors how they take away mens lives, it being more safe( where the proof is not without exception) to save ten nocent, then to condemn one innocent, And something to this purpose, I shall add one Story more, the like whereof it may be the Reader never yet did hear of, and thus it was; In the County of Salop, about six miles from shrewsbury, there is a Village called Ruckley, and a Wood called Ruckley Wood; In which Wood one Summer morning about Sun rising, one of the Townsmen found a man newly killed, his blood yet reeking, and immediately acquainted a Iustice of Peace dwelling fast by with what he had seen, who raised the Country to find the Manslayer: But forasmuch as there had been formerly some unkindness between the man killed, and the man that found him; the credulous multitude would presently have the world believe that he which first found the man killed him. A Coroner was sent for, an Inquest sworn upon the view, of which eleven agreed to find this man the Manslayer; but one of the twelve not consenting, they were once or twice, adjourned by reason of this mans dissenting; the last adjourment being till the Friday before the assizes, the night before which day, the wife of the accused, and half condemned person dreamed that this dissenting juror could give some information concerning the death of the man, and desired Sir humphrey Lee( the Iustice before mentioned) to sand for this man and discover what he could concerning the premises, which he did, and demanding the reason of his dissent from the rest of his neighbours, he answered, that in his conscience the man accused was not guilty, what moves you to think so( said the Iustice) do you know any thing of it; yes, said he, for I myself killed him, for which he was the next week arraigned and hanged. What a case had the other man( who was innocent) been in if the Manslayer had not been of his jury, and made a conscience of spilling more blood? another good caution for Jurors and Coroners too.  
There is therfore one other Ingredient necessary for a Judge, called Discretion, a dram whereof will season a great deal of Learning; now if you ask me what discretion is, I dare not take upon me to give a precise definition; for, though the word descretio be crept into the Dictionary, as coming from the Word Discerno, yet I have heard a very great critic say, that the word is not to be found among the ancient latin Writers, nor the elegant modern, nevertheless by our common acceptation, it is a sober and modest management of any business; according to right reason without passion; for learning in an undiscreet mans head is like a sharp Sword in a rash mans hand, and without Discretion ● mans conscience is but a weak instrument for a public Minister.  
And now while I mention the word, I remember ● passage which relates unto it, and it was thus; In King James his time, Justice Kingsmell, one of the Justices of the Common-Pleas riding the Summer Circuit, did find in one of the goals a Seminary Priest, who was indicted, arraigned, and executed, which being ill resented by some of his friends, means was made to acquaint the King therwith, and complained of it as an act of Severity, and contrary to his gracious clemency; The King referred the examination of the business to the Lords of the council, who sent for the Judge, and expostulated the rigour of his proceeding in the Case, which he justified, as warranted by the known Laws of the realm; but some of the Lords  told him that he knowing the Kings tenderness in shedding, of blood might in discretion have forborn the execution. The judge replied, That his majesty, at the end of Trinity term, in his Speech to the Iudges, willed them to be careful to execute the Laws, and particularly those against Seminary Priests, and that he could not understand the Kings meaning▪ otherwise then by his words, according to which, and the known Laws of the Land, he was sure he had done his duty. But as for the matter of Discretion he confessed he had no more then it would please their Lordships to allow him. With which answer the King being acquainted, he swore it was a good one, and so that Story ended, and so should mine too, but that for the honour of Iustice Doddr. whom I propound as a president to all Iudges for Gravity and Piety, as the Writer of the Trojan war did Ulysses as an example of Temperance, and the Case was thus;   

AT Shropshire assizes held at Shrewesbury, there was a rude fellow indicted, arraigned, and condemned, which he took so impatiently, that he did fly in the faces of judge and jury, and said, that the Sentence was unjust, cruel, and bloody, which the judge being informed of, caused him to be brought to the upper bar, and without any passion, said before him the foulness of the offence, and the justness of his condemnation, and with his wisdom and discretion so handled the matter, that the froward and furious prisoner became presently a Convert, gave the judge many thanks for the pains he had taken with him to make him see his error, and putting him in the way for saving of his soul, acknowledged the Sentence of death to be most just, that he desired not to live any longer, and died penitently and patiently; and therefore I say to every Judge — Vade & fac tu similiter.  
I have now done my Stories, which I wish other prodesse aut delectare Legentem, and am come to another sort of Prisoners, which are to receive their trial by the Verdict of twelve men; wherein if any man be contumatious, or thinking to save his estate, will stand mute, and not answer to the indictment, nor put himself upon the country, he is to have present judgement( unless the Court in mercy will give him some further time to think upon his condition) to suffer pain fort & dure, according to the Language of the Law, and in English, A pain hard and strong, and indeed so it is if it were put in execution according to the letter of the Law, which is, That he shall be sent back to the Prison from whence he came, and put into a low house, and there shall lye naked upon the bare earth without any straw, rushes, or other 〈…〉 and without any covering about him, saving somewhat to cover his privy Members, and that he shall lye upon his back, and that his head be covered, and his feet stretched out, and that one of his arms be stretched to one quarter of the house with a●cord, and the other arm to the other quarters, and in like manner his legs, and that upon his body be laid iron and ston as much as he can bear, and more, and on the first day after, he shall have bread made of Barley three morsels without any drink, and the next day he shall drink thrice as much as he can of the water which is next the door of the Prison( except running water) without any bread, and this shall be his diet until he die, Stamf Pl. Cor. fol 150. and not until he will give a direct answer as briton affirmed. And though the punishment be very grievous, yet it were well, if the soul which is immortal should have no share therein; for it is a dangerous, if not a desperate thing for a man to expose himself to such a certain misery and punishment of the body, and so uncertain and dangerous hazard of his soul, to avoid that which perhaps would not befall him( unless the Case were so plain that no defence could be made) for it might so fall out, that either the Evidence would not prove such as might certainly convince him, or the Jury might favour him if they could find any means to do it, or the Judge might be more merciful to him, then he was to himself: Howsoever I conceive it most safe for his soul to put himself upon God and the country( the usual trial) where it is to be presumed he shall have Iustice, and it may be upon some circumstances favour.  
If the indictment be for goods stolen under the value of 12d. or if the jury do value them under twelve pence, which in the Law Language is called Petty Larceny; the Prisoner shall be adjudged to be whipped, the body to be stripped to the waste, and whipped till he be bloody.   

The Office of a gaoler, and concerning Escapes.  
HAving here before in this Treatise upon several Emergencies, occasion to mention the gaolers and Keepers of Prisons, and the houses of Correction, which as they be necessary Officers in the Common-wealth, so is their Office full of danger and trouble; For the Keepers of goals give great security to the Sheriff for his indemnity, for that he is in Law charged with all such Prisoners committed to his charge. To the end therefore that such as are of a mild and gentle nature may not be abused, and may know what they may lawfully do; and that such as are of a more rigid and cruel nature may likewise know what they ought not to do. I think it convenient to say somewhat,( though it will not be much) concerning their duty and Office.   

FIrst that they must receive all Offenders sent unto them by Mittimus, or other Warrant from any of the Justices of the Peace of the County, or brought unto them by any Constable or other known Officer, but from any other they are not bound to receive them, nor take them in charge.  
But when they have any person in actual possession, they shall be answerable for their escapes, according to the quality of the Offence.  
And Mr. Dalton tells us, that the Lord chief Justice Popham did cause one Staver( a gaoler at Cambridge) to be indicted, arraigned, and hanged, for an escape of a fellow suffered by him.  
But we must presume that this was some notorious fellow, and that the Offence was very capital, and that the escape was voluntary, otherwise the Iudgement had been over-severe; for let a gaoler do what he can, and use all possible industry that can be required or imagined; yet such Art may be used by a prisoner, and such helps and assistances may be given him, that he may make an escape though he be laden with Irons, which may be taken off by devices.  
And it is not long since, that the Prisoners in a goal not far from London, conspiring together to make an escape, which they could not make through any Doors, Grates, or Walls, found means to dig under the Prison, and made their way in the earth a good way, and then pulled down the earth, and made a hole into the Street, by which some of them escaped before it was discovered. In this or such like cases if the gaoler should be punished according to the letter of the Law, it would seem very hard, no man being required to impossibilites.  
This difference therefore is made; viz. if the escape were by default( which we call a negligent escape) the Keepers of the Liberty of England, &c. may charge the gaoler, if they will, or the Sheriff upon the Statute 14. Edw 3. Cap. 9 and the Iudges do in these cases make as favourable exposition as with conveniency and safety they may.  
Or else voluntary, which two sorts of escapes are thus differenced and defined.  
A negligent escape, according to Mr. Stamford in his Pleas of the Crown, fol. 33. is when the party arrested or imprisoned doth escape against the will of him that arrested or imprisoned him, and is not freshly pursued and taken again before he hath lost the sight of him which escaped, the penalty whereof seemeth to be openly a Fine at the discretion of the Iudges or Iustices.  
And the same learned man makes this difference, that if the escape be of a prisoner attainted, the Fine shall be 100 l. but if only indicted, 100 s. and were taken upon suspicion only, seems dispensable.  
A voluntary escape is where one doth arrest, or hath imprisoned another for Felony or other Offence, and afterwards voluntarily let him go at liberty where he will.  
And if the escape be wilful in the gaoler( which is Felony in him) the Sheriff shall not be bound to answer to the Eelony, but may be fined to the value of his Goods, Stamf. pl. Coron.  
And in case of voluntary escape, if the arrest or imprisonment were for Treason, it shall be adjudged Treason in him, which did voluntarily suffer the prisoner to escape, and if it were Felony, then it shall be adjudged Felony, and if for Trespass, it shall be adjudged Trespass.  
In case of Trespass or other Offences whatsoever( being under Treason or Felony) there is no difference whether the Escape suffered by the Officer be voluntary or negligent, but that the Officer in both cases shall be fined for the escape according to the dafault, by the discretion of those that be Judges thereof.  
Queen Elizabeth pardonned one who killed another; the wife of the man slain, suing an appeal was detained in prison at her svit; the gaoler after suffers the Man slayer voluntarily to go at large, and he made an escape; which in Mr. Plowden that famous Lawyer his Opinion was Felony in the gaoler, though he was no Felonas to the Queen, in regard of his pardon from the Queen.  
This I believe is a case known to few gaolers, in regard whereof I thought good to set it down, that knowing it, they may be the more circumspectly when such a case shall happen, ploughed. 147.  
A prisoner found guilty of petty Larceny, is adjudged to lie in prison a month for his punishment, and after the month he breaks prison, and escapeth; and the question being what this is in the Prisoner, & what in the gaoler; It was holden that the gaoler shall be charged with the escape: But if the prisoner he discharged, paying his Fees, here the gaoler is not charged with the escape, and if he be discharged paying his Fees, he is a prisoner till he hath payed his Fees, 21. H. 7. cap. 17.  
And it is said that a voluntary escape in Felony is no Felony, if the Act done were no Felony at the time of the escape made: As if one man strike another and hurt him mortally, whereupon the Constable arrests him that gave the stroke, and after suffers him willingly to escape, and after the man so hurt death of that stroke, this escape is no Felony either in the Constable or the Prisoner, yet the Constable shall be fined at the discretion of the Iudges.  
If a man be wounded, and the striker is voluntarily let go at large by the gaoler, and after death ensueth to the person hurt, yet this is no felonious escape in the gaoler, 11. H. 4. ca. 12.  
The voluntary suffering him to escape who hath killed another, se defendendo, or by disadventure, or of him that hath committed petty Larceny seemeth to be no Felony; for that these Offences are not Felony of death, but he that sufferth the escape shall be fined, Cromp. 39. yet there is a Quere, for they that suffered, are not to Judge whether it be Felony or not.  
If a Iustice of Peace shall sand for a fellow out of the Goal, and shall deliver him without bail, this seemeth to be a voluntary escape and so Felony in the Iustice.  
If the Iustice of Peace or sheriff shall bail one that is not baileable, this is an escape in Law.  
And if one be brought before a Iustice of Peace for suspicion of Felony, and confess it, and yet he shall suffer the prisoner to go at large without bail, that is a voluntary escape in the Iustice.  
If a gaoler by dures of imprisonment and pain, enforce his prisoner to become an Approver( that is an accuser of others as helpers with him in the Felony) this is Felony in the gaoler, although the Appellee, or party accused be acquit, or shall die before he be arrested upon the appeal.  
If a gaoler shall only procure his prisoner to accuse another of Felony, this is Felony, 18. Ed. 3. yet the Statute of Ed 3. seemeth to extend only where the gaoler shall do this by great dures or pain.  
And if a prisoner by Dures of the gaoler, cometh to untimely death, this is murder in the gaoler; and the Law implieth malice in respect of the cruelty: And for this cause if any man death in prison, the Coroner ought to sit upon his body, to inquire whether his death came by the Dures of the gaoler. Briton, Cap. 11. de prisons, fol. 18.  
If it shall be further demanded how prisoners for Treason or any other Offence ought to be used in Prison, the learned Bracton will tell you; That laying men in chains, was against the Law, for that a Prison was a place to keep, not to punish Prisoners, lib. 3. fol. 154.  
And in another place he saith, when a Prisoner is to be brought before a Judge, he ought not to be brought manacled, though sometimes for fear of escaping, they be shackled. And Briton saith, If Felons come in judgement to answer, they shall be out of Irons, and all manner of Bonds, so that their pain shall not take away any manner of reason, nor them constrain to answer, but at their free will. cap. 5. fol. 14.  
And Cap. 11. fol. 17 he saith. And of Prisoners we will that none shall be put in Irons, but those which shall be taken for Felony, or Trespass in Parks; And we defend that otherwise, they shall not be punished or tormented.  
And Fleta saith, That albeit be lawful for the Sheriff to keep offenders in prison, yet not to punish them, but to keep them.  
And the Mirror saith, it is an abuse that prisoners be charged with Irons, or put to any pain before they be attainted, Cap. 8. Sect 1.  
And whereas in the eighth year of the reign of Ed. 2. a president is brought, that a Priest was arraigned, and put himself upon his country, and stood at the bar in Irons, but by command of the Judge, he was freed from his irons, Sir Ed. cook who voucheth it, saith, There is no difference in Law between a Priest and a Lay-man, as to irons, and thereupon concludes.  
That where the Law requires that a Prisoner should be kept in salva & custodia arcta, yet that it must be without pain or torment to the prisoner.  
And Sir Ed: cook( who cites these opinions, in the conclusion of his discourse of petty Treason) saith, That it is against Magna Charta. cap. 29.  
And that all the ancient Authors are against nine or torment to be inflicted upon the Prisoner before his attainder, nor after, but according to the judgement; and that there is no opinion in the Law Books, or any judicial Record for the maintenance of tortures or torments. And doth implicitly disallow the Rack or broke, first brought into England by John Holland Duke of Exeter, whom H. 6 made Constable of the Tower.  
But how these opinions will secure a gaoler against his prisoners( who will venture hard for their liberty rather then lie in a straite Prison) because I cannot determine, must be left to their discretion, who must answer for their escapes.   

Mich. 5. Ed▪ 6.  
brook in his Abridgement titl. Escape. fol. 45: saith, That the successor to a gaoler may well pled that the Fscape was in the time of his Predecessor, and that he took the Prisoner again and imprisoned him, and delivered him in prison to the defendant at his entering into his Office, and that he suffered him to escape. For this is a Confession and avoidance, for that he was not in execution by the second imprisonment of the party, and by consequence no escape in Law. Dyer fol 67.  
Upon an action of debt brought against the Sheriff of Essex upon an escape, it fell out upon the Evidence, that the Prisoner having been in execution, was wilfully let go out of prison by the gaoler, and after came into the goal again, and there remained till the time of another sheriff, and so escaped; whereupon this action was brought, and the Lord chief Justice Hobard directed that the Sheriff was not answerable to this action. For when the prisoner was let go abroad by the gaoler, the execution was utterly discharged, so that he could not lawfully or in fact be in execution by Law, though the party should yield himself unto it, and the Creditor so allowed, and therefore the sheriff cannot be answerable chargeable with him Hob. Rep. fol. 285.  
If a man be committed to the goal by the Auditors for arrearages of his account, and afterwards he escape out of prison, now the gaoler shall satisfy the party at whose svit he was committed unto him, and the gaoler shall have a special writ upon the Case against the prisoner to answer for the escape, and the damages the gaoler o ●ustained thereby. But it seemeth reasonable, that the gaoler may take him again, and so is the opinion of some Books. Fitz. Nat. Br. fol. 130. B.  
Every gaoler having any prisoners for Felony committed unto him, shall certify the names of every such prisoners in his keeping, at the next general goal delivery, upon pain to forfeit five pounds to the King for every default▪ pe●. Stat 3. 7.   

Mich. 8. Hen. 8. Rot. 21.  
SIr John Savage Knight, being sheriff of Worcester Shire, for term of his life, was indicted for two Escapes of Felons, Felonice & voluntary, by two several Indictments, and also because he kept his turn in an unusual place, contra formam, Stat. de Magna Charta, which three Indictments were removed into the Kings Bench, and the Kings Attorney put an information against him, upon them, and ●● the Court the Office of Shevaltry was seized into the Kings hands.  
If a gaoler killeth an unruly prisoner which doth assault him, it is no Felony, Lamb. 235.   

Pach. 26. Eliz. in the Common Pleas.  
A Man was bound in a recognisance for his good behavour, and was arrested for suspicion of Felony by a Constable, and that he escaped from him, exception was taken, because it was not shewed that the Felony was committed, which might cause suspicion, for that was traversable, Per curiam it needed not, for although no such Felony was committed, and although the arrest was tortuous, yet he forfeited his recognisance by making an escape, which was a misbehaviour.  
A Town which suffereth a man who hath slain one there to escape by day, ( viz.) so long as it is day-light, though it be at the hour of Evening, for this is accounted part of the day, and not of the night, and though the slaying was by michance, for they must not judge thereof, 22. Ed 3. Fitz. Cor. fol 238.  
The sheriff ought to see execution done according to the judgement, and not otherwise. If he therefore do behead a man whose judgement was to be hanged, it is Felony in him. 35. H. 6. Finch. lay, fol. 8.  
A woman shal not be quartered for treason scil. for the decency of her sex, but only drawn and hanged. Fench. lay, fol. 14.   

Clergy.  
THe next help which a prisoner indicted of Felony and found guilty by confession or Verdict, is the benefit of Clergy, which being in some cases allowed, and in some cases denied, I have thought good before I declare in what cases it is denied, to show in what cases it is allowed, and how the benefit thereof hath been enlarged by divers Statutes.  
Before the Statute of 25. Ed. 3. Ca. 5. If a man were indicted of several Felonies, and had his Clergy for one, the Justices would not deliver him to the Ordinary, but remande him to prison till he were arraigned of the other Indictments, which arraignment should be when the Iustices would appoint; for remedy whereof that Statute was made, which willeth that the prisoner shall presently be arraigned for all, or else be delivered to the Ordinary, which Statute is confirmed, 18. El●z. Yet the Justices before whom such Clergy shall be allowed, may for their further correction detain them for any time less then a year in prison.  
The benefit of Clergy is a refuge provided by Common Law in favour of Learning, and at first was not allowed but to Clerks, in order secular, and religious, as appeareth by the Statutes 25 Ed. 3. ca. 4. and 4. H. 4. cap. 2. yet now the Common Law extends it to all the Kings Subjects that could red, as appears, 4. H 7. cap. 13. in favour of Learning in general, and in reverence of mankind, and mans blood, which in persons of use was not to be  shed slightly.  
The time of claiming the Clergy must not be till after the Indictment, and the offender convicted, both for the retaining the jurisdiction over the Clergy, and also to bring forfeiture of goods to the King.  
In giving the Clergy at the Common Law, three things are to be observed. 1. The Court is not to tender it Ex officio, but the offender is to pray it, being in favore, and a remitting of the rigour of the Law. 2. If the offender pray it, it is not in the power of the Judge to deny it, but it must be allowed him, where by the Law it is allowable. 3. The Ordinary cannot defeat him of it, neither by directly refusing him, or indirectly by practise, by answering the Court that he reads not as a clerk, when as he did indeed in the judgement of the Court; or if he do refuse him, yet he shall not die; and if the Ordinary will wilfully absent himself, the Court may Fine him, and proceed without him.  
On the other side if the offence be within Clergy, the prisoner may pray the benefit thereof and shall be burned in the hand if he do red, the judgement whereof rests in the breasts of the Ordinary. For though the prisoner cannot read and the judge know so much, and would not allow of his reading, being by prompting, or otherwise, yet if he do but utter any words which may seem to be the words of the psalm( which is commonly the psalm of Mercy, and for the most part learned by root) without right pronouncing of the words; yet if the Ordinary say that he readeth like a clerk, though the judge may fine the Ordinary for his false information of the Court, yet the prisoner shall have the benefit of his Clergy( as some say) and be burned in the hand, if for Felony with an F. if convicted for a Rogue with a R. in the shoulder.  
And Purgation being taken away by Statute, and his Clergy granted him, he shall forthwith be enlarged and delivered out of the prison by the Iustices, and is freed both a paena & culpa.  
And therefore the Lord Hobert held, that if a man should call him that hath had his Clergy, and freed a poena & culpa should call him fellow or thief, he may have his Action as upon any other pardon; and amounts to a pardon by good construction of the Law.  
A person was deprived for Adultery, afterwards a general pardon came which pardonned the Adultery, and yet was adjudged ipso facto, that the person was restord to his ecclesiastical right.   

Hillar. 17. Jac.  
SAmuel Serle, person of Heydon, German, brings a Prohibition again John Williams, reciting the Statute of Queen Elizabeth of Clergy where he was person, and was indicted, 13. Jac. before Hobard chief Iustice and Haughton for Manslaughter, for death of one Symonds and was convicted for the same, and was allowed his Clergy, but not burnt in the hand because of his Orders, but by the judgement of the Court was delivered out of Prison, by which Iudgement he was purged and acquitted of the Felony. But the defendant pretending him to stand still convicted of the Felony and thereby de prived of his benefit, and the Church to be voided, and was presented unto it by Doctor Donne, and after much dispute upon a Demurrer upon Argument by all the Iudges, Iudgement was given for the plaintiff, and that he ought not to be questioned in the spiritual Court for the Manslaughter. Hob. Rep. fol. 41.  
But by the Statute of 18. Eliz. car. 17. It was enacted, That the Justice before whom such allowance of Clergy is had. shall and may for the further correction of such, detain and keep them in prison for such convenient time as they shall think fit, so the time exceeds not a years imprisonment.  
Trin. 22. H. 7. One was arraigned for Murder, and prayed his Clergy, and the Ordinary was called and came, and the Justices demanded of him where his commission was, which he shewed; by which Commission he had Authority to receive all Clerks indicted for Felony, but not for Murder; and it was m●ved, whether by this Commission the Ordinary had authority to receive him who was indicted of Murder. And the chief Iustice. and all his fellows said, that he might; for they said Murder is Felony, and if a Commission be made to two to inquire of all Felonies, they may inquire of Murder. Notwithstanding that the Charter of the Kings Pardon of all Felonies will not be available to him that is indicted for Murder. For by this Statute Kelw. Rep. fol. 92.— But by Act of Parliament, 1. Ed. 6. Murder is excepted from Clergy.  
Pasch. 7. & 8. H. 8. At a Goal delivery held at southwark before Fineux and another Iustice, It was declared, That if a man have adjured the realm and return without the Kings Licence, being within the Land and be taken, and arraigned for it, yet he shall have his clergy, and it was granted Kelw. rep. fo. 168.  
Clergy was allowed to an accessary for Stealing of Horses and Mares; and well, because the Statute is taken strictly, and it speaks not expressly but of the principal, by the opinion of the Justices Dyer. fo. 99.   

Pasche 2. Eliz.  
A man is indicted of Robbing another in his dwelling house he being in the said house and put in fear, and another is indicted, for that he feloniously before the said robbery did procure and council the principal to Commit the Robbery, in which Indictment of the accessary the word( maliciously) is left out, Quaere, and it is to be considered, if this word( maliciously) be referred to petty Treason, or murder in which, malice might be in the procurement, and not to robberies in which commonly there is noe malice, but rather covetousness to have another mans goods: And it was the opinion of all the Justices of assize in their Assembly, except the chife Iustice and &c. brown that for default of the word( maliciously) the party should have his Clergy, because the word( malicious) refers as well to robberies as burning of Houses, Dyer. fo. 183.   

Mich. 3. and 4. Eliz.  
BY the opinion of all the Iustices of assize Assembled together at Serjeants Inn that if one may have his Clergy granted in Case of Felony, and prays his book, and in truth he cannot read, and so it is recorded by the Ordinary and also by the Court, and the clause non legit ut Clericus entered and yet for some cause he is reprieved till the next Sessions and then he is again demanded if he can read, and then he can read, he shall have his Clergy, notwithstanding the other record in favorem ' vitae for he shall have it allowed him under the gallows. by 34. H. 6. if the judge pass thereby et multo magis hic and although he be taught to learn his letters and to read, this shall save his life, but the gaoler shall be punished for it and the entry de non Legit ut clericus is of no force but voided, and it is not used to enter the clergy. but ubi legit ut Clericus Dyer fo. 250.   

Eodem Termino.  
IT was moved by the Iustices of assize there, if a thief be condemned to be hanged, and yet the Iustices command the sheriff to respite execution for six weeks only, and after the Sessions adjourned,( that is to say) in the vacation, before the six weeks expired the said Iustices Command the Shiriff to respite the execution longer. The Quaere was, whether they might do this, because their Commission for goal delivery, seemed to be ended by their adjournment and they use to have a new Commission at every time they come to a Sessions of goal delivery, et tamen per opinionem omnium Justiciarum the Commandment for further respite was good enough, and the custom of the realm hath always been so, and this proves the Case of allowance of Clergy under the gallows Dyer ibidem.   

Trin. 4. Eliz.  
A Man had Committed two Felonies at one time, for one of which he night have clergy and for the other not, he is first indicted of the felony for which his clergy lay, and was arraigned thereof, and pleaded not guilty; and was found guilty, and prayed his book, which given him, non legit ut Clericus and this is entred by the Clercke but noe word of tradatur ordinario and yet he is reprieved without judgement and after at another Session he is indicted of another felony, and is arraigned upon, and pleads not guilty, and is found guilty, and prayed his book, and had it, and red, said non Cremater, neque traditur Ordinario and all this was entred cum Curia avisare and judgement was respited a year and more, and now the question was moved by the Recorder of London( before whom and others the plea was) whether he shall have judgement to be hanged, or whether he shall be delivered to the Ordinary as a clerk convict; and it was debated at sergeants inn by all the Justices of either bench, and of assize, and their divided in their opinions seven against seven and nothing in the point resolved. But Stamford pl. Coron. fo. 180 saith that the prisoner ought to be charged with all crimes imposed upon him, before he shall have his clergy allowed, &c. unde vide plus Dyer fol. 215.   

Trin. 5. Eliz.  
AT the goal delivery at Newgate after the end of this term one was indicted Quod vi et armis apud B. in via Regia ibidem xls. in pecuni● numeratis &c. felonice cepit a persona I. S. et habuit librum in hoc casu eo quod non est Robberia, if the person be not put in fear, as by assault and violence.   

Mich. 6 and 7. Eliz.  
ONe had murdered his Master, 4. Reginae nunc, and was indicted as of wilful murder without the word proditione in the Indictment, and upon the evidence it appeared to the Court that it was petit Treason which Office by the Act of general pardon of 5. Reginae nunc is discharged and pardonned as to the queen but murder is excepted by the Act, and upon this indictment the party was arraigned and found guilty, yet Iustice welsh reprieved the prisoner without Iudgement, to the next assize pro quo reprehendetur a quibusdam said sine causa ut videtur justinar Dyer fo. 235.  
At an assize in the County of Salop, in the time of Queen Elizabeth, two Servants of a Gentleman in that Country( whereof one was his Clerk) the Gentleman being a Justice of the Peace, the other the Groom of his staple, were arraigned for the death of a Gentleman. The Indictment was drawn for wilful murder, and was prosecuted with much violence by the Mother of him that was slain, and so found by the Grand jury: nevertheless upon their trial the jury for life and death found them guilty of Mans-slaughter, onely for which they prayed their Clergy which was granted unto them. The Clerk when he came to read could not read one word, and the Ordinary was so watched that he could not help him; yet the judge in favour of the prisoner( who seemed a civill man and much pitied) gave him further time( thinking perhaps that his eyes were dazzled, or his heart daunted) willing to save his life: In the mean time the Groom who did not know one letter in the Crosse-Row, more than what he was taught by his fellow while they were together in the goal did red, and was saved; and the other coming the second time to red could not, and was hanged.   

Mich. 7. and 8. Eliz.  
AT the end of this term one brook alias Cobham was arraigned in South-wark before the Commissioners of Oyer and Terminer for Piracy and and Robbery done upon a Spaniard, and stood mute and would not directly answer, and the question was moved by the Attorney general whether he ought to have Iudgement of prine fact & dur in this case. And as it seemed to Saunders chief Baron Iustice brown and Dver their opinion being therein required, that he shall have it: And this by the words and good and reasonable preferrment of the Statute of 28. H. 8▪ Ca. 12. and Iudgement was given by sergeant Barus Dyer fo. 241.   

Hillar. 13. Eliz.  
A Subject of this realm being beyond the Seas practised with the Prince, or governor of the country to invade this realm, with a great power, and shewed the means how and where to do it but yet there was no invassion after, what Offences there are and how and where they shall be tried, whether the practise there shall be for the death or destruction of the queen, what Offence this is in the Subject, and where it shall be tried were the Questions: and these Offences are held by the Iustices to be treason. For an invasion with power cannot be but of necessity, it must trench to the destruction or great peril of the person of the Prince, and both offences are triable by the Statute of 35. H. 8. which Statute is still in force notwithstanding the repeal 1. Mar.  
This Case concerned Doctor Story who was afterwards arraigned which makes me set down the Judgement as an introduction to his arraignment in the term following.   

Pasche 13. Eliz.  
DOctor Story was arraigned this term in the Kings Bench upon an Indictment there taken by a jury of Meddlesex for three Cases of Treason Committed at antwerp in Brabant and in the Indictment he was supposed to be an English man which he confessed, but pleaded to the Indictment that he could not answer it, for he was a Subject, and Servant to King Phillip of spain and had been for the space of seven yeares, and prayed that his plea might be entred and allowed. But the Court would not, but, recorded a nihil dicit if he would not otherwise pled, who would say no otherwise, whereupon he had Iudgement of Treason Dyer fo. 300.  
This Story I have Inserted as having some relation to to the matter in hand, but more to show the Judgements of God, which though secret and to us unknown, are always just and holy; and rather to be admired with Humility then preached into with Curiosity.   

Mich, 7. and 8. Eliz.  
BY that which had been already said, it doth appear that there be divers Offences against the Peace tending to the breach thereof, which are here before set down; and many more there be, which for brevity sake I have omitted: which be comprehended briefly under the heads of Treasons, Felonies, and Trespasses, or Misdemeanours; for some of which Felonies the Prisoner may by Law have his clergy( as I have before shewed) and for some others he cannot have the benefit thereof. But because there are so many which may claim that benefit, I will mention those Offences for which the Offender cannot have it, which be these which follow.   

FIrst, no woman can have the benefit of Clergy because no woman is in capacity to be a Priest, which men that could red had allowed them, because they possibly might be such, for which consideration that favour was granted unto them.  
Howbeit by any Act of Parliament holden at Westminster, in the one and twentieth year of James late King of England, showing, That whereas by the laws of this realm, the benefit of Clergy was not allowed unto women convicted of Felony, by reason whereof many women did suffer death for small offences. It was enacted; That any woman being lawful convicted by her confession, or by the verdict of twelve men, of or for the felonious taking of any money, Goods or chattels, above the value of twelve pence, and under the value of ten shillings, or as accessary to any such offence, being no Burglary, nor Robbery, in or near the High way, nor the fesonious taking of any money, Goods or chattels from the person of any man or woman privily without his or their knowledge, but only such offence as in the like Case, a man might have his Clergy, shall for the first offence be branded and marked in the hand upon the brawn of the left Thumb, with a hot burning Iron, having a Roman T. upon the said Iron, the said mark to be made by the Jalor openly in the Court before the Judge, with such further punishment by imprisonment, whipping or sending to the house of Correction, in such sort and form, and for so long time( not exceeding one whole year) as the Judge or Justices before whom she shall be so convicted, shall in their discretion think meet according to the quality of the offence, and then to be delivered out of Prison for that offence.   

Felonies without Clergy.  
WHosoever shall receive, relieve or maintain a Iesuite( being at liberty) and knowing him to be such is a fellow without Clergy.  
All such as are convicted of Petty Treason, or as Accessaries before the committing thereof are barred from the benefit thereof.   

So are all Convicted of Burglary, and the accessaries before the Felony committed.  
ALL Robbers upon the High way, all Cutpurses and Pickpoquets, all stealers of Horses and Mares before, or accessaries before or after the fact. All convicted of wilful Murder by person or otherwise, and such as were accessaries before the fact, which in Law are principals. All such as are convicted for burning of Houses, or barns with Corn, and the accessaties before the fact.  
The Ravishers of any Woman against her will, or the unlawful carnal knowledge of any Woman child under the age of ten yeares, and the abetter of any Ravisher being present, and aiding to the said Ravishment.  
The takers away of any Maid, widow or Wife, having Lands, or being heir apparent to her Ancestor by the Statute of 39. Eliz. ca, 9.  
All such men as shall mary another Wife, the former being living, And all such women as shall mary another Husband, except where the Husband or Wife have been absent seven yeares, and the one not knowing the other to be living, or in case of divorce, or marriage before yeares of consent Stat. 1 Jacobi. cap. 11.  
All such as shall stab strike, or thrust another, that hath not a weapon drawn, or hath not then strike the other, and if the party so stabbed, strooken or thrust, &c. shall die thereof, within six Moneths after, though it cannot be proved, that it was done of malice forethought, yet being thereof lawfully convicted, shall suffer death. A wilful murderer without benefit of Clergy, per Statute 1. Jacobi.  
No person convicted for taking away, against their wills, any Subject in the Counties of Cumberland, westmoreland, Northumberband, or the bishopric of Durham, and carrying them away to make a Prey of them, or to be aiding or assenting thereunto. Or shall burn any st●ck of corn there, or shall be aiding or assisting thereunto, by the Stat 34 Eliz.  
Popish Recusants, or any other Recusants, and other Sectaries, which by the Statute of 35, Eliz. are to abjure, if they shall refuse to abjure, or after abjuration shall not depart the realm at the time appointed, or after such departure shall return without Licence of the King. For though he might have the benefit of Clergy for the Felony, yet not for the contempt, till he purchase his pardon.  
Such Soldiers, Mariners, and all other idle persons wandring as Soldiers or Mariners, which wander up and down idly and begging.  
Such Soldiers or Mariners as have not a lawful testimonial from some one Justice of the Peace nea●e the place of his Landing, or set not down the place of his Landing, and the place to which he is to pass.  
Or having a testimonial, if they shall wilfully exceed the time therein limited.  
Or if they shall forge or counterfeit any such testimonial, or shall have any such forged testimonial, knowing the same to be forged,  
Or being retained in service, he shall depart within a year without his Masters Licence— shall be reputed Felons without the benefit of Clergy.  
So are all such as commit the horrible sin of Buggery, either with mankind or beast,  
So are such as are convicted of conjuration, or invocation of an evil spirit for any intent whatsoever.  
So are such as the second time practise Witchcraft, &c. thereby to declare where any Treasure may be found.  
Or where any Goods lost or stolen may be found.  
Or whereby any goods or cattle shall be destroyed or impaired.  
Or with intent to provoke any person to love.  
Or to the intent to hurt any person in their body though it be not effected, felony without Clergy. Nor any person that is arraigned, convicted and attained, or refuseth lawful trial in a county where he was taken with the manner, &c— 25. H. 8. and 5. Ed▪ 6.  
Nor any which being once convicted or condemned of any of the offences prohibited by the Statute of 5 Eliz. against the forging of evidences and writings, by any of the ways in the said Statute limited, and shall after such condemnation commit any of the said offences in form of the Statute expressed.  
Nor any person of the age of fourteen yeares, or above calling himself an Egyptian, or being in company with them, &c. for the space of one Month 1. 2 P●. & Ma.  
Nor any person that shall feloniously take the Goods out of any Church or chapel.  
Nor any person which shall rob any person in a Tent or Booth in any Faire or Market, the owner his Wife, Children, or Servants being within the same Booth or Tent, whether they then, and there being shall be sleeping hr waking.  
Nor any person that shall be lawfully convicted for the Felonious taking away in the day time any money, Goods, or chattel being of the value of five shillings or upwards in any dwelling house, or out house although there shall be then no person in the said house, &c.  
Nor any that shall receive, relieve, &c. any jesuit, Seminary priest or other priest, ordained or made by any authority derived from the Sea of Rome, being at liberty, and knowing him to be such &c.  
Nor any man or woman that upon confession, or by verdict upon Indictment or presentment, shall be convicted of incest, the kinds whereof are specified in the Act of Parliament of the tenth of May 1650.  
Nor any man or woman in like manner convicted of Adultery under the Provisoes contained in the same Act.  
Nor any person who hath once for any offence had the benefit of his Clergy, and shall after be a●rraigned of any such offence.   

Felonies without Clergy.  
ALL such as are convicted upon their contumacy, and refusing to pled to their Indictments, shall be prest to death, and that hard and strong pain which I have beforementioned.  
All such as are indicted of petty Larceny( which I have before defined) are to be whipped on their bare Bodies from their shoulders to the wast, till they be all bloody, snd receive such other punishment by imprisonment, or otherwise as the Court shall think meet.  
All such Rogues which shall be thought dangerous, and thereupon committed to Prison, and indicted upon the Statute 39. Eliz. and thereon convicted, shall be branded in the left shoulder; with an hot burning Iron, of the breadth of an English shilling, with a great Roman R. upon the Iron, and the branding upon the shoulder to be so thoroughly burned, a●d set upon the skin and flesh, that the Letter R. be seen and remain for a perpetual mark upon such a Rogue, during his or her life: And if after such punishment shall offend in begging, &c. contrary to the said Statute, the party so offending, shall be Judged a fellow, and shall suffer as in Cases of Felony without the benefit of Clergy.  
In all other Cases of Felony the prisoner may have the benefit of Clergy once but not oftener.   

Punishment of Felons and Traytors.  
HAving seen the punishment upon the person of the offenders, let us in the next places, place, what punishment falls upon their posterity, by reason of any forfeiture which they shall make by reason of their offences, and their convictions thereupon.  
In Case of High Treason, the offender being thereof lawfully convicted, shall forfeit all such Lands and Tenements, which he had in his own right in use or possession, at the time of the Treason committed, or at any time since— 5. Ed 6. Ca. 11.  
In Case of Felony, the King shall have the Goods of all Felons as are condemned wheresoever they be found; And if they have any freehold, it shall be forthwith seized into the Kings hands, who shall receive the profits thereof, be the space of a year and day, and the Land shall by wasted and destroyed, and after the King hath had the year day and wast, the Land shall be restored to the chief Lord of the Fee, &c.  
But the Jury for life and death being to inquire( if they find the Prisoners guilty of the offence of which they be indicted) what Lands or Tenements, Goods, or Chattels, they had at the time of the offence committed, or at any time since if they do not find that they had any; Then( as some do conceive) there can be no seizure, till such time as a Writ of inquiry be awarded to the sheriff, by the Oath of good and lawful men of the County, to find what Lands and Goods he had at the time of the offence committed, or since, which being found and returned, seizure may be made, &c. and in the time before conviction the Prisoner is to have reasonable maintenance out of his Estate, for him and his family, and some say he shall forfeit his Goods from the time of the attainder only. And in case of a selo de se( where is no conviction by trial) there is ordinarily a Writ directed to the sheriff of the County, to inquire whether the party were Felo de se, and if he were, then to inquire what Goods and Chattell● he had at the time of his death, which Writ shall issue out of the Upper Bench, and is of this Tenor.  
The Keepers of the Liberty of England, &c to the sheriff of the County of Essex greeting. We command you, that you omit not for any liberty, &c. But that you diligently inquire by the Oath of good and lawful men of the Body of your Country, whether A. B. late of C. in the County aforesaid did drown himself, or did any other way feloniously kill himself or not; and if it shall be found that the said A. did wilfully and feloniously drown or kill himself, then by the Oaths of good and lawful men without any delay, you diligently inquire what Goods and chattels the said A. had in possession or any other to his use had at the time of his death and of the true value thereof. And that what shall be found concerning the premises before you, you do under your seal, and the seals of those whom you shall cause to make the said Inquiry, you do certify unto us in the Octaves of Saint hilary, wheresoever we shall be in England together with this Writ; That we may further do therein, as of right by the Law and custom of England is to be done. witness H. R. Or if any person shall come to his or her death by any mischance, whereby any benefit of Deo dandum cometh to the Keepers of the Liberty, then it is usual to sand a Writ to the sheriff of the County to this effect.  
The Keepers, &c. to the Sheriff of the County of S. greeting, We command you that you diligently inquire by the oaths of good and lawful men of the body of your County, how and in what manner A. B. late of C. in your County came to his death, whether by misfortune, or by the visitation of God, or otherwise; and if it shall be found that the said A B. was killed by any misfortune, that then you do inquire of all such things which did move to the death of the said A. and of the true value thereof, and in whose hands they now are. And what shall be found before you concerning the Premises, that you certify unto us under your seal and the seals of such as you caused to inquire thereof, &c.  
Secondly he shall loose his blood as well in regard of his Ancestry as of his Posterity, and so his blood being corrupted he hath neither Ancestor, heir, or Posterity.  
And where a man is found guilty of the death of another before the Coroner, the Coroner shall presently go to the house of him that is so found guilty and shall inquire of his Chattels, and his Lands, and his Corn growing thereon, and shall apprise them and deliver them to the Town to answer them before the Justices. And it is said that when a man is found guilty of flying( or as it is called in Law Fugam fecit) the Coroner may presently cause the Sheriff to seize the Land into the Kings hand by word without an Inquest, and may cause him also to seize all his Chattels and apprise them by a good Inquest, and deliver them to the Town to answer for them to the King.  
By the Statute of 31. H. 8. The words are. That every offender hereafter lawfully convict of any manner of high Treason by presentment, Confession, verdict, or process of outlawry shall forfeit &c.  
26. Hen▪ 8. upon a bill preferred. That all Inheritances might be forfeited for a Treason( so, that as by that Act) Lands in tail were forfeited.  
But if a Conviction be without verdict. viz, by standing mute, then the Statute of 26. H. 8. doth not extend to it.   

Mich 32. H. 8.  
A man had issue two Sons, the elder in his life time is attaint of Felony, and dyed, his Father living, and after the Father died seized, of Land in Fee, and whether the Land should escheat or not was the question, and it was held by brown, Conisby, Molineux and Hales that the Land shall enure to the younger Son as heir to his Father, if the elder Son had no issue alive, but if he had issue alive( because he is inheritable by the Law if there had been no attainder) the land had escheated unto the Lord, and should not go to the younger Son Dyer. fo. 48.  
By an Outlawry in Felony, A man shall forfeit all his Lands and Tenements that he holdeth in Fee simplo, as well as his Goods and Chattels, but in trespass not so. For though the non appearance is cause of the Outlawry in both, yet the strength of the Outlawry shall be esteemed according to the heynousnes of the Offence, which is the principal cause and ground of the process 3. Ed. 3. 84. Finchley fol. 4.   

Trin. 1. Ed, 4. Rot. 3. in the Kings bench.  
ONe John Davis did strike one in the face with his fist in the great Hall at Westminster all the Courts there then sitting, and threatened that he would hang him, if he would give evidence against a fellow who was taken to be arraigned at the Kings Bench, for which fact he was there indicted and arraigned, and confessed the Indictment, and was thereupon adjudged to perpetual Imprisonment during his life to forfeit all his Lands and Tenements, and Goods, and his right hand to be cut off at the standard in cheap and execution was done accordingly Dyer. fol. 188.   

Mich. 3. and 4. Fliz.  
IT was said by Saunders chief Baron and Whiddon Justice, that experience was in the time of John Baldwin chief Justice of the Common Bench, and also before in the time of Edward Mortaine chief Justice of England that if a man be arraigned of Treason, and stand mute, or will not directly answer to the Crime, that Judgement shall be given against him as a traitor convict, Dyer. fo. 205.  
Quaere how this opinion agreeth with the opinion before mentioned, about the Act of Parliament Hen. 8. by which all Lands as well in Fee as in tail shall be forfeited, where it is said. That if a conviction be without verdict, viz. by standing mute, that Statute doth not extend to it, unde Quaere.  
And albeit it hath been said that the King● Officer may seize the Goods of a fellow before his attainder and leave them with him upon security given, yet others say, whether he give security or not, that the Officer cannot remove them out of the house till the party be attainted, and the fellow and his family shall have all things necessary for him and his family so long as he shall be in prison Stam. pl. Coron. P. 192.  
And in an appeal of Murder, or other Felony, if the Appellant die, or surcease to follow the appeal, or shall become non-suit, yet the Felony stil continues. And because( in Case of Murder) there is not only an Injury done to him that is slain, but the Peace of the King was broken, the King might proceed Ex officio St●m. pl. Cor. fo. 147.   

12. Eliz.  
AN Office of skill and diligence, or an anity p●o consilio impendrudo cannot be fofeited upon attainder of Treason, Finch. lay. fo. 5.  
In Felony the Land which the fellow hath in Fee simplo shall be forfeited but where the person attainted holds in right of his Wire, the King shall have the Issues only during the life of the Husband Stat 2. H. 8. ca. 7.  
But for Sodomy, Sorcery, Heresy, or Felo de se, Lands or dower shall not be forfeited nor blood corrupt.   

Pasc. 9. Eliz.  
IT was moved in the Star-Chamber for the almoner that if a man who is Felo de se hath a debt upon a Contract, and not by speciality whether he shall forfeit this to the Queen inter Caetera bona et Catalla sua, or not, because that the debtor shall be rebutted of his Law against the Queen. And by the opinion of both the Justices the debt shall not be forfeit Dyer. 262.  
If a man be indicted that he feloniously stolen the Goods of another man, whereas in truth they are the proper Goods of the Indictee, and they are brought into the Court against him and being asked what he saith to the said Goods, to which he disclaimeth, although that afterwards he be acquitted of the Felony, yet the King shall have them a confistrate but otherwise if he do not disclaim them.  
The same Law is, where goods be found in a Felons possession, which a disavoweth, and afterwards is attainted of other, and not of them, there the Goods which he disavoweth, are as confistrate to the King but had he been attainted of the same Goods, they should have been said to be forfeit not confistrate notwithstanding the disavowment.   

Church wardens.  
WHen I promised, and intended to make an-Appendix to the former work, concerning the duty and office of Church wardens, I had not seen some tracts written de proposito concerning the same, whereof having advice since, I had almost resolved to break my word, which I thought better to do then to take upon me to make that mine which indeed was other mens, and also hear the warning which Hor. gave to Celsus, a great Plagiary in that kind, which was privatas ut quaerat opes, to make use of that which was, his own, lest that should befall him, which befell the Iack-Daw, who trimming himself with the fine Feathers of other Birds, and being called to make restitution to the true owners, was left naked, and exposed to contempt. and scorn.  
I remember that when the earl of Essex was in the hight of his greatness in Q, Elizabeths time, there was a Book written to Sir John Hayward, a Doctor of Law, and( to give him his due) a man of great knowledge, both in his own profession, nad other learning, concerning the deposing of Richard the second, and the gaining of the Crown by H. Duke of Lancaster( after Hen 4) which book he very unfortunately( as shortly after it fell out) dedicated to the said earl, for which Book he was after questioned, and by direction either of the Queen herself, or some of her Privy council Master Bacon( since Lord Chancellor) being of the Queens learned council at large, was commanded to consider of the said Book, and see if he could find any Treason in it; He did so and returned anlwer That he found no Treason, but much Felony in it; for that the Doctor had stolen whole leaves out of Tacitus.  
I would be loth to be found guilty of that Crime, though I find that many great Clerkes have thought it to be but a Venial sin: Mr. Crompton took much of Mr. Lambed and Mr. Dalton out of them both, and the Compiler of the complete Justice out of them all, and all upon one Subject.  
So that to speak truth, there hath been continually borrowing one of another, to make their designed work, though in several and divers Methods, and all very useful.  
It must not therefore seem strange, if I have here and there gleaned some things out of them, ●s they did out of others, as they lay in my way; and upon that score hope that it shall not seem a greater fault in me then it was in those eminently learned men; and the rather, because I have gone away, in which I find not the foot-steps of any going before me; though I deny not but that many of the things are the same which others have set forth in another method. and in this individual matter concerning the Office and duty of Church-wardens, I have so far declined the meddling with those things as are commonly taken to be their main, if not their onely business( as the providing and preserving the goods of the Church, making presentments heretofore used at the Ecclesiastiall Courts, unless it be the vouching of some authority, or resolution in some case heretofore controvered) That I meddle little or nothing with their duty and Office, but as it is interwoven with the business of the Constables, whose work it is to preserve the Peace, which( as I said before) is the subject matter of this discourse; under which notion, and in which capacity, you shall find the Church-wardens often engaged, and coupled with the Constables in matters which concern the Peace, and the observation of divers Statute laws tending thereunto, as for example.  
If any disturb a Minister in his Preaching, or reading the Divine Service,( which is a breach of the Peace and a statute) any of the Constables or Church-wardens may of his own authority apprehended him and bring him to a Justice of the Peace, to be dealt with according to Law.  
If a Rogue be brought or offered to the Church-wardens, they must accept him, and look to him, or forfeit five pounds, and be bound to the good behaviour.  
If any person be sent to the Common goal and have not money or means of his own to defray the Charges of him and his attendants; Then the Constable and Church-wardens of the Place where the offendor shall be taken, shall make a rate for levying of such money as shall be necessary for the charge, which Assessmement being confirmed by a Justice of Peace, shall bind the Inhabitants, and if any refuse to pay his rate, the same Justice, or any other may give warrant to take a distress &c.  
When an Assessment is made for maintenance of Soldiers and Mariners; and the parties ranted, refuse to pay their rates assessed, the Constable and Church-wardens, and every of them, may levy by distress and sale of the refusers Goods.  
The rate for the maintenance of the Poor Prisoners in the Kings Bench and marshalsea hospitals, and Alme houses may be ranted by the Constables or Church-wardens, of the Parish, who may take distress &c.  
The money forfeited by unlicenced Alehouses, may be levied by the Constables or Church-wardens of the place by a Justice of Peace his Warrant, and if the money be not paid within three dayes, they sell the Goods, &c.  
The money forfeited by such as keep tippling houses, and less measure then they ought, which is twenty shillings, or such as abide tippling in any Vi●lers house, &c. to be levied by the Warrant of a Justice of the Peace by the Constable ●or church-warden▪ and given for the relief of the poor.  
If any be convicted for being drunk, he is to pay five shillings, to be paid within a week after conviction to the church-wardens, for the use of the poor.  
The church-wardens are by their Oath charged to present the offences against the Statute Primo Jacobi, for selling by unlawful measures; for suffering tippling and drunknesse, for default whereof they are to pay ten shillings to the use of the poor.  
If any profanely swear and curse( and be questioned for it within twenty daies, he shall forfeit for every time twelve pence to be levied by the Church▪ wardens to the use of the poor, by the Statute of 21. Jac.  
If any shall kill or destroy any wants or Partridges with any Nets or other Engines or devices, in the night time, he shall forfeit for every Pheasant twenty shillings, and for every partridge ten shillings, the one half whereof to the Lord of the place, which if he shall dispense with, the Church-wardens of the place may sue for it and recover it, &c. Stat. 23. Eliz.  
If against the Statute of 8 Carol. Ca. 1. there shall be any assemblies or concourse of people for sports or pastimes on the Lords day, or any Bear bayting or common plays, or other unlawful exercises or pastimes, to the profanation of the day, every person so offending, shall forfeit for every such offence— 3. 8.— d. to the use of the poor, to be levied by the Church-wardens.  
If any person fish in any haven, harbour or Creek of the Sea within five miles of the mouth of any haven or creek of the Sea, with any Nets not allowed by the said Statute, whereby the spawn of fish may be destroyed, the offendor shall forfeit the Net and ten shillings for every time, the same to be levied by a Justice of Peace his Warrant to the Constables and church wardens of the place.  
All estates made by the clerk of the Peace, and the Stewards of Leets upon forfeitures upon Statutes of high ways, one part ought to be delivered to the high Constables of the hundred, and the other part to the Constables and church-wardens of the Parish where the defaults were committed, to the end, the high Constables may thereby levy the same by distress, and the Constables and Church-wardens may thereby call the high Constables to an account, &c. and if they make not a true account to the Constable and Church-wardens, they may be compelled unto it by the Church-wardens; And thus to be bestowed by the Church-wardens on the high ways.  
The Constables and Church-wardens of the Parish, are to be at the choosing of the Supervisors of the high ways, to name and appoint the six dayes set apart for the mending thereof.  
And if any such supervisors shall neglect to levy the forfeitures by distress and sale of the defaulters Goods, then the Constables and Church-wardens shall levy the same in such manner as the Surveyors ought to have done, by the Statute of 18. Eliz.  
The Church-wardens have by their office equal authority with the Overseers of the Poor to take order( with the consent of two Justices of the Peace) for setting the poor on work, placing them out Apprentices, and relieving them that are impotent, and with consent of two or more Iustices of the Peace( of which one to be of the Quorum) may set up and use any mystery, Trade, or occupation, only for setting on work and relief of the poor of the Parish.  
And to set on work the Children of such who shall be thought by them unable to keep their Children; And the Indentures made by the Iustices of the Peace, Church-wardens, and Overseers of the poor, and the binding of them, shall be as in effectual in Law, as they were of full age to bind themselves.  
the Church-wardens and Overseers of the poor are to accept of, and look to any Rogue that shall be brought and offered unto them to be conveyed unto any place, and are as well as the Constable to see he be conveyed accordingly, and upon refusal so to do to forfeit five pounds.  
And if they do refuse to give up their account, and pay the Arrearages to their Successors, they may be committed to the goal till they do account and pay the money arrear.  
And the money so by them forfeited for not receiving a Rogue, or not taking care to convey him, may be levied upon the offenders Goods by warrant from two or more Justices of the Peace.  
And the money by them forfeited in any other particular, may be levied by the succeeding Church-wardens & Overseers, upon the offenders Goods by warrant from two Justices of the Peace.  
The Church-wardens, the person, or Vicar, and the Constables of the place, where any money is given to be continually employed for the binding our of Apprentices, shall have the nomination and placing of such Apprentices, and the guiding and employment of such moneys as have been, or shall be given to that end.  
And in former times when there were Bishops and episcopal Government, the Church-wardens with the Minister of the Parish, were within forty daies after Easter to give to the Bishop or his Chancellor the names of all the persons men and women above the age of sixteen yeares, that did not receive the Communion at Easter before.  
But now that venerable Function, with which Title many of the most excellent men both for Learning, Piety, and Government of the Church held themselves, and were by others justly honoured, was cast out of this Nation as Antichristian; there hath onely no care been taken for receiving that holy and soule-saving Sacrament, or punishing the neglect of that Sacred Ordinance; that among some of those that pretend to have new Lights, and by them see more then all the Primitive Fathers( who lived in the times next after Christs Ascention) or the holy Apostles did ever see; it is held to be a degree of Superstition to desire it, and are offended with such Pious and Orthodox Divines who administer the same with such reverence as becometh and is due to a work which conduceth to, and ●o much concerneth the salvation of our Soulest; but what pretences soever those other make to new lights, I think I may truly say as a pious and religious man( now with God) said, they are light headed.  
By the ancient common Law the Church-wardens were and still are to care and see to, and preserve the Goods of the Church; viz the Church-books, Common-cups, and other decent Ornaments and Furniture of the Church, which they do find there at their coming into their Office: and if there be any lack of those things they are to see and provide them, and being there to preserve them, &c. and to see the Church repaired; For the taxation of which charge, I find that upon a consultation among the Doctors of the Civill Law to the number of fifteen assembled at Doctors Commons in London it was directed and agreed upon.  
That every In-dweller shall for his lands, yearly livelihood or goods onely, or by the best of them and not for all.  
That every Out-dweller that occupieth lands or tenements within the Parish; shall be taxed either by himself, or by his Bailiff or his servant.  
That if the Out-dweller occupy not the land himself, then the Farmer, not the Owner shall be taxed.  
That no man shall be taxed for any lands lying out of the Parish, but onely for lands within the Parish.  
And it was by them declared, that these parcels ensuing with their appurtenances are to be accounted Church reparations, and are to be born not onely by the parishioners, but also by all those that do occupy any Lands, Tenements, or possessions within that parish where the Church is to be repaired;  
Viz.  

1. The Walls of the Church, and Church steeple, and Church-yard of ston and Brick.  
2. The windows of ston and Brick, and the bars of Iron and glass.  
3. The roof of Timber, with laths, Nailes, Prigs, Dogs and Bolts of Iron.  
4. the covering of led, state, Tile, or Shingle.  
5. The Floor with ston or paving Tile.  
6. The doors of Timber, with Locks, keys, Ridges, Hooks, and Nailes.  
7. The Furniture of the Steeple with stairs, floors, Bells, wheels, and Ropes.  
8. The Pulpit.  
9. The pews and seats not made by private men.   
These following are not properly Church-reparations, but yet are the duties belonging to the Church, and are to performed rateable by the Inhabitants of the Parish.  

1. The Communion Table with the Coverings thereof.  
2. The Communion Cups.  
3. The Bread and Wine for the Communicants.  
4. The Bible and other Books appointed to be in Churches.  
5. The washing of the Communion Clothes,  
6. The candles for the Lecture daies and other occasions.  
7 The Clerk and Sextons wages.  
8. The expenses of the Church-wardens and side-men at the visitation.   
But how all these charges for reparation of Churches and other Parish Charges shall be raised, there have ben so many queries and doubts, that almost in every Parish there have been contests about the same; and among other places in the Parish of Word in the County of Sussex, where Sir Robert Heath then Lord chief Justice of the common Pleas then lived, who advising with the Justices of assize gave these directions following, which though calculated for the Meridian of that place may serve( unless there be some usage and custom to the contrary) for the whole Common wealth of England; which were.  
That the Taxations of the Poor( which may be a rule for other Assessments too) of any Parish be by Land-scots, according to the quantity and quality of the acres of Land within the Parish, and to have respect in their Taxations to the ability of the Inhabitants as well as to the lands they occupy.  
That the lands in the hands of Owners and Farmers at the Rack rent bear this disproportion; viz. That the Owners shall be set 4 d. the acre, and the Farmers at 3 d.  
And because there may not be an unequal and partial carriage in the Taxations, but that the same measure may be towards all.  
It is directed and advised, that together with the Church-wardens and Over-seers of the Poor, there may be joined an equal number of Owners and Farmers, Inhabitants of the Parish, to be indifferently chosen by the rest of the Parish, upon whose Consciences and Reputation with their several Neighbours that shall aid, that there be a charitable respect to the poorer sort of Farmers in making the valuation of their lands according to the good discretion of the Assessors who shall be trusted for the whole Parish.  
Concerning the way of levying of Taxes for reparation of Churches, there having been anciently divers provisions made; But because the same by an ordinance of the Lords and Commons in Parliament, of the ninth of 〈…〉 1647 the same is at large provided for; I think it requisite for the information of such Officers who have not the said Ordinance, to set down the tenor thereof here, as briefly as may be, without omitting any of the material parts thereof, which may seem for a general rule and direction for all Parishes and places within the Common-wealth of England, and the Dominion of Wales, by which it is ordered as followeth.  
That four, three, two or one substantial Inhabitant or Inhabitants of every Parish or Chappelry ( having respect to the proportion or greatness thereof) shall be chosen yearly on the Monday or Tuesday in Easter week by the Parishioners of every Parish, or the greatest part of them that shall be then Assembled for the choice of Church-wardens, or Collectors of money for Church-duties within every such Parish respectively; or in default thereof every such Parish to forfeit 40 s. to the use of the poor of the Parish, to be recovered, as in the Ordinance is appointed; which Officers are within one month next after the choice, to be allowed by two of the next Justices of the Peace to the place.  
That the Church-wardens, or Collectors with the Overseers of the poor, shall from time to time make rates & Assessments by taxing every Inhabitant residing and dwelling in the Parish, and every Occupier of Lands, Houses, Tithes, impropriate, Cole-mines, saleable. shepherds; and for raising such competent sums of money as they shall think fit towards the reparation of such Church and chapel, and providing of Books, and Bread, and Wine for the Sacrament, and repairing the Walls of the Church-walls and burying places thereto belonging; which Church-wardens shall within four dayes after the end of the year, and other Church-wardens nominated, yield up a perfect account to the succeeding Church-wardens, and such Iustices of the Peace as aforesaid, of all moneies by them received, or assessed, and not received at all, & other things concerning the said office, upon pain that every one defaulting shall forfeit 20 s. to the use of the poor of the Parish.  
That all Rates and Taxes made by the Church-wardens according to the custom of the said Parish, appointed by this ordinance to be done since the first of May, 1641. being confirmed by two Iustices of the Peace, shall be as effctuall in Law as if they had been done by this ordinance.  
That it shall be lawful for the present and subsequent Church-wardens( their rates being confirmed as aforesaid) to levy all sums of money and arrearages of such as shall refuse or neglect to pay their rateable parts and the forfeitures before mentioned, by distress and sale of the offenders goods.  
And all moneys which shall be behind upon any Church-wardens account, for the repairing of any such Church or chapel, or other things aforesaid, and the sum of two shillings towards the expense in levying the smae, rendering to the parties the over-plus.  
And in default of such distress, it shall be lawful for any two such Iustices to commit such refusers to the Common goal of the County, City, or Town Corporate, there to remain without bail or mainprize, until payment thereof.  
And to commit to prison such Church-wardens as shall refuse to account, till they shall make their account, and paid so much as shall be remaining in his or their hands; provided that the party may complain thereof at the quarter Sessions, where the Iustices may make such order as to them shall seem good, by which all the parties, shall be concluded.  
And if any Parish extend into two Counties, or any part thereof lie within any Liberty or place Corporate, then the Iustices of the Peace and other Officers shall intermeddle onely wi●h so much as lieth within their respective Counties and Liberties; and no further, concerning the execution of this Ordinance concerning any of the premises.  
That if any Action be brought against any person for taking any distress or making any sale thereof, it shall be lawful for such Officer to pled the general issue, and give any special matter in evidence.  
And that if the Verdict shall pass with the Defendant or Defendants, or the plaintiff become nonsuit, or suffer any discontinuance thereof, then in every such case, the judge or Iudges before whom the said matter shall be tried, shall by force of this Ordinance allow to the Defendant or Defendants his or their double costs, which he or they have suffered wrongfully in defence of the said svit.  
And if the said Church-wardens or Collectors shall be negligent in performing their duties, upon complaint or information thereof made to the two next Iustices or one of them, the said Iustices, or one of them shall or may in their own persons view the said Churches or chapels, or appoint the minister or some other of the parishioners, to certify them or one of them what reparations shall be needful, and thereupon they or one of them shall by a Warrant under their hands and seals, to the Church-wardens, order and direct what reparations shall be done, and limit a time for the doing thereof,  
And if their order be not performed, they shall bind over the said Church-wardens or Collectors to the next quarter Sessions of the Peace; and if their negligence be proved, they shall be severally fined, so it be not above 40 s. upon any one of them, and the Offender to be committed until the fine be paid, which is to be disposed of for the use of the poor of the Parish.  
Provided that the parishioners of any Parish shall not be charged with the repairing of any chancel, or any particular Ile in the Church, which by prescription or custom have been used to be repaired by the Parsons, Vicars, Impropriators, or all other persons politic or corporate, which have formerly been liable to the reparations of all or any part of such Church, chapel, or Ile shall still be liable to the same; & for their negligence therein shall be ordered by the two next Justices, or may be presented or indicted by the Church-wardens, or any others at the next Sessions of the Peace, where the offender shall be proceeded against, as the Church-wardens should be proceeded against for their negligence by this Ordinance.  
And where any Church or chapel hath any Lands or yearly Rents, &c. given to the repairing of Churches or chapels, the Church-wardens or Collectors as aforesaid, shal be from thenceforth receavers of the said Rents, &c provided, that this Ordinance. as to repairing of Churches, shall not extend to Churches, or chapels, totally ruined by these last wars, extremity of age, or other Casualties.  
And that all Offences against this Ordinance, shall and may be inquired, heard, and determined before the Justices of assize, of Over and Terminer or goal delivery, or before the Justices of the Peace, of any County, City, or Town, Corporate where the offence shall be committed  
And that all and every Parish clerk, and Sexton, within any Parish shall have their due Fees from the several Parishes, to be ordered and recovered, by warrant from the Iustices in such manner as the rates made for Church wardens are ordered to be levied. And that they be elected, and chosen in such manner as hath been formerly accustomend.   

Hillar. 16. Jac. in the Kings Bench.  
IT was holden that a Church-warden by the Common Law may maintain an action upon the case for defacing a monument in the Church, Godb. rep. fo. 179.  
By the act made for suppressing profane( wearing and cursing. It is enacted, That it shall and may be lawful to and for any Constable, Headborrough, Church-warden, or over-seer of the poor, to apprehended or cause to be apprehended any person offending against the act.  
By the Statute, 3. Jac. Ca. 4. the warrants made for the levying of 12 d. for negligent comers to Church, shall be directed to the Church-wardens.  
And for the levying of 10 s. forfeited by the Statute 1. Jac. for suffering tippling, &c. to the Constable or Church wardens.  
And for the levying of 20 s. for breaking the assize of bread &c by the Statute of 1. Jac.  
And for the levying of 20 s. for selling drink without licence by the Statute of 3. Carol.  
And for levying 3 s.— 4 d. for tippling in an Alehouse by the Statute of 1. Jac.  
And for punishing abuses on the Lords day by the Act of 1. car.  
By the Statute of 43. Eliz. saith, that the Church-wardens and over-seers of the poor shall put out children of poor people to be Apprentices, and if they see cause, they may give money with them.  
By the Ordinance the 6. of april 1644. the Church-wardens of the place where the offence is committed, are made capable as well as the Constables to seize upon such Goods as shal be forfeited for profaning the Sabbath, and for supp●essing and burning of all Books as have been or shall be written against the morality of the fourth Commandement.   

THus by all that hath been hitherto said, you may see wherein there is a Transgression of the Law, by the breach and disturbance of the Peace of the Common-wealth, and the punishment of such transgressions: And all this while we do but show the strength and rigour thereof, without any mixture or composition of mercy: But as not to punish some were to encourage Malefactors, and evil disposed persons, in hope of Impunity to commit enormous Offences against God and man, so to punish all Offenders according to the letter of the Law, were severity in the fourth degree like poison, and become cruelty itself.  
The Kingly Prophet David( a man after Gods own heart) would have his Song of two parts; of Judgement, to punish where he should find a continued perverseness, in the will; of Mercy, to pardon where there was hope of amendment in time to come: there being also divers circumstances which may make the same Offence venial or mortal, as sins are distinguished by some Divines.  
And it was the Method which Almighty God( who is the God as well of mercy as of Justice) used with, and towards his own people that had transgressed his laws, and broken his holy Commandements and Ordinances, when he had threatened the Israelites, Hos. 11. verse 6. That the Sword should abide in their Cities, consume their branches and devour them because of their own Counsels( which was his Judgement.) In the 14 Chap. verse 5. he saith, he will be as the due unto Israel, and he shall grow as the lily; and verse 6. His branches shall spread, and his beauty shall be as the Olive three, &c. which was his Mercy: and in the 4. of Amos, God tells the Israelites what punishments he hath, and would inflict upon them, for their oppression and other sins( there is his Justice) and Chap. 9. verse 11. In that day( saith he) I will raise up the Tabernacle of David which is fallen,( there is his Mercy) and some Divines hold, that if one of Gods holy Attributes can be greater then another( he being Mercy and Justice in the Abstract) it is his Mercy that hath the Prerogative and pre-eminence.  
And so it should be( by Gods own example) with Princes who are his Vicegerents, and such as have potestatem vitae, & necis, they should mingle mercy with justice; for in so doing they shall be as much feared, and much more beloved. Mitius imperanti( saith one) melius paretur, and another thus, Sicut ignis est ut urat, & lucem prebeat; sic Regis est ut benefaciat & puniat:( id est) as it is the property of fire to burn and give light, so it is of a Prince to do good,( there is mercy) and to punish( there is Justice of Judgement.)  
The result of all which is, that there is a necessary conveniency, or a convenient necessity( choose you whether) that mercy should be as well sometimes shewed, as justice executed; laws being made for the terror of many, that few might be punished. And it was observed, that Hen. 7. King of England, who cut of covetousness did use to take advantage of the breach of all statute laws which were penal, and would bring him in money, was branded with the mark of a cruel King; not remembering that, Ditare, non ditescere, Regis est and as the Poet saith.  
Si quoties peccant homines sua fulmina mittat  
Jupiter, exiguo tempore inermis erit.  
Having therefore all this while spoken of Offences and Punishments, it will now( the premises granted) be orderly and seasonable( according to the Method of that learned Judge, of whose labours I confess to have made much use in this Collection) to speak somewhat of Pardons.  
Of which some are general, and some particular, some absolute and total; as where the King doth wholly remit and pardon the Offender( as it is said in another case) both à Culpa & poena, and doth not onely spare the life, and all the Estate which was forfeited upon the attainder; but is pleased by authority of his Parliament( without which it cannot be done) that the corruption of the Offenders blood shall also be taken away, so that he shall stand as rectus in curia, to all intents and purposes as if he had never offended, which the latins call condonatio, a free and full pardon, and in the Language of the Law is called perdonatio.  
And by this authority of Parliament, there may be not onely a restitution in blood to make his heir capable to inherit from himself, or any of his collateral or lineal Ancestors, but there may be a restitution to Honours, Dignities, and what ever was lost by the attainder.  
There are also some pardons partial and conditional, as where there is something annexed thereunto by way of qualification; as where an offender hath his life, &c. pardonned, yet ordered to continue in prison during the Kings pleasure( which is understood to be for his life) or otherwise, or banished the kingdom, or to be perpetually bound to his good abearing, and is such a qualification of the Pardon, as if the Offender break his condition, he may forfeit his Pardon; as Shimei did, who lost the benefit of his Pardon given unto him by King David, by going out of the City of Jerusalem, to which he was confined by King Salomon, who put him to death, 1 Reg. 2. chap.  
And albeit I do not for the present remember but one President which was 3. H. 7. of the taking of such a forfeiture by any King of England, yet the putting to death of Sir Walter Raleigh was not far from the case, For albeit he had no formal or legal Pardon for the Offence for which he was convicted; yet some wise men thought, that the Kings Commission to go to Sea with a Fleet under his command was taunt amount, and that it was a hard point of Justice to execute him. For I find in Stamp. Pleas of the Crown, 22. Ed. 3. That where a man was found guilty of Felony shewed by a Charter of the King, that did not contain any Pardon, he onely shewed retained him to go into Gasconie, and it was allowed.  
Sir Edward Cook in his Book of the Pleas of the Crown, and the Chapter of Pardons, speaking of general Pardons granted in Parliament, saith, that general Pardons in those daies in which he wrote; and I may add in these times in which we live, general Pardons had so many qualifications and exceptions of Offences and things, and of persons also, that the Court of judicatur( where any man should be impleaded for any Offence for which he was punishable either by pains of death▪ corporal, or pecuniary cannot take notice of them, neither can the party take benefit or advantage thereof unless he pled it: And for that( as he saith) it may concern the safety and quiet of many a Subject, he was pleased to express the form of the pleading of a general pardon in latin; which because all Pleadings are now to be in the English Tongue, I thought it worth my Labour for the good of others( who may have occasion to make use thereof) to translate the same into English, having for my warrant that great Master of the Law, and the learned Judge Stamford, who have in their Books translated whole Acts of Parliament for help of the Readers: and thus it is.   

ANd the said A. cometh by B. his Attorney( or in his proper person) and saith, that our sovereign Lord James the King, ought not now the said A. for the cause aforesaid to impeach or molest; For he saith, that by a certain Act in Parliament of our said Lord the King, that now is held, at Westminster in the County of Middlesex, the ninth day of February, in the seventh year of his reign, among other things it is enacted and established by the authority of the same Parliament; that all and singular the Subjects of our said Lord the King, as well spiritual as temporal of this kingdom of England, Wales, the Isles of Jersey and Ca●nsey, and the Town of Berwick, their Heirs, Successors, Executors; and Administrators, and every of them, and all and every bodies any way corporated, Cities Burrougs, Counties, Riding, Hundred, lethe, Rape, Wapentake, Town, Village, Hamlet, and Tithing, and every of them, and the Successor and Successors of them and every of them, by authority of the said Parliament should be acquitted▪ pardonned, released, and discharged against our said Lord the King, his Heires and successors and every of them, of all Treasons, Felonies, Offences, Contempts, Trespasses, Entries, Wrongs, Deceits, ill Behaviours, Forfeitures, Penalties, and sums of money, pains of death, pains corporal, and pecuniary, and generally of all other things, causes complaints, Suits, judgements, and Executions in the aforesaid Act not excepted, nor fore-prized, which by our said Lord the King any way or by any means must be pardonned before, and until the ninth day of November then last past, before the making of the Act aforesaid, to every or any of his Subjects, bodies Corporate, City, Burough, County, Riding, Hundred, lethe, Rape, Wapentake, Town, Village, & Tithing, or of any others, as in the said Act is more at large contained. And the said A. saith, that the offence aforesaid objected unto him is not in the said Act excepted nor fore-prized; And that he is, and at the time of the publishing of the said Act, was a Subject and liege of our said Lord the King that now is, and born under his obedience; that is to say, at Westminster, aforesaid, and that he is not any person in the Act aforesaid excepted, nor fore-prized; And this he is ready to verify; whereupon he doth not conceive that our said sovereign Lord the King that now is, for the cause aforesaid will impeach or molest him; And thereupon prayeth Iudgement: And that he from the premises aforesaid may be discharged, and that the general Pardon aforesaid may be unto him allowed.  

In the penning of which plea, it is to be observed.  
1. That the whole Act must be recited totidem verbis  
2. That the party must be at the time of the Publication of the Act under the allegiance of the King. &c.  
3. That he is not any person in the said Act excepted.   
The learned Stamford in his Pleas of the Crown lib. 2. Ca 35. saith, That the pardon of the King is a bar to an Indictment, which( saith he) the King ought sometimes to grant to the offender, where there is hope of amendment, and where he may grant it without violation of his Oath, which he made at his Coronation, which among other things( saith Bracton) is to command in all judgements equity and mercy to be done, that by his mercy the merciful God may be gracious unto him, and by his Iustice all men may rejoice. For a King( as he saith after) ought not only to be wise, but also merciful, that with his wisdom he may be mercifully just.  
But because in times past, many procured pardons for very heinous Crimes, which were not truly set down or specified in the Charter, and upon false suggestion divers pardons were granted contrary to the Law, divers Statutes were made for redress of such deceits, as 2. & 4. Ed. 5. & 14. Ed. 3. cited by judge Stamford loco citato. fol. 100. & 101. where he speaks of pardons granted by the King with a non obstante aliquo statuto actu, &c. which non obstante( saith he) takes away not only the force of those Statutes which limited the Kings power in granting them, as the Statute of Northampton, &c. But all other Statutes in which that clause of non obstante shsill be put, And that therefore it behoved Princes, well and wisely to consider the svit and suggestion which is made unto them to grant a pardon, and to see lest by any clause or word contained in their Charter they be deceived. And that the King ought so to do Bracton points out two Statutes, the one in 27. Ed. 3. the other in 13. Ri. 2. whereof the first is.  
Forasmuch as our Lord the King hath oftentimes granted Charters of Pardon for Felonies upon feigned suggestions which were not true, by reason whereof many evils have ensued, which to eschew, it is agreed and assented to by our Lord the King and all his said council( his Parliament) that from henceforth every Charter of pardon for Felony which shall be granted at the suggestion of any man, the suggestion and the name of him that maketh it, shall be comprised to the same Charter, and if it shall be afterwards found, that the suggestion was not true, the Charter shall be disallowed and null.  
That of R. 2. was of this tenor; No pardon shall be allowed before any Iustice for murder, or the death of any man slain by a wait, assault or malice pmpensed. Treason or rape; unless the said offences be specified in the said Charter. And if it by inquest of the visenage, it be found that the party was murdered or slain by a wait, &c.  
That then the Charter shall be disallowed.  
And gives this note. That the Charter of pardon ought to agree with the Indictment in name, surname and addition, to the end and intent that he may be intended to be the same person that was indicted, otherwise it is not allowable though in some special case upon an appeal it hath been allowed, but regularly not.  
Ed in 25. of his reign granted a pardon to Jeffrey the son of Warnum, which I thought good also to translate, out of the latin, as Sir Ed. cook hath set it down in the third part of his Institutes, in the title of Pardon.  
Edward by the grace of God King of England, Lord of Ireland; and Duke of Aquitain.   

To all his bailiffs and faithful people to whom these present Letters shall come greeting.  
KNow ye that for the good service which Jeffrey the son of Warnum hath done in the parts of Scotland, we have pardonned unto the said Jeffrey the svit of our peace which belongs to us of homicides, Robberies, Thefts, breaking of houses, Felonies, and other trespasses against our peace in this our kingdom done whereof he stands indicted: And also the Utlary if any be against him for that cause. And we do grant unto him our firm peace; So that he do stand right in our Court, if any man have any thing to say against him for the homicides, Robberies, Thefts, breakings, Felonies, and trespasses aforesaid.  
In witness whereof &c.  
Whereby it appears that the King pardonned only his svit of Peace which belonged to him concerning the said offences; but if any man brought an appeal against him for any of these offences, he could not pardon it.  
For as I have before mentioned in the Office of a jailer; Though the Queen pardonned nichols for the killing of Cholmley, and his Wife commencing an appeal against him; and he thereupon detained in Prison, and the gaoler letting him voluntarily go out, so that he escaped, Mr. Plowdens opinion was, that it was Felony in the gaoler, notwithstanding the pardon; which is no plea to the appeal, upon which he may be put to death; notwithstanding the pardon: Stamf. Pl. Coron. lib. 2. fol, 104. And the reason is, That by the ancient and constant rule of Law, the King cannot extend his grace to the wrong and damage of another: for that which is another mans, He cannot give away. Bracton lib. fol. 132.  
And in the same Chapter of Pardon, towards the conclusion he saith, Non solum sapiens debet esse Rex. said & misericors, ut cum sapientia misericorditer sit justus: & licet tutius sit reddererationem misericordiae quam Judicij, tamen tutissimum est palpebras ejus it a praecedere gressus suos, ut judicium suum non vacillet per imprudentiam, nec misericordia decipiat per incircumspectionem.  
In English thus.  
The King ought not onely to be wise, but also merciful, that with his wisdom he may be mercifully just; and though it be safer to give an account of his mercy then his judgement, yet it is most safe, that his eyes so govern his ways that his Judgement stagger not by want of providence, nor his mercy deceived by incircumspection.  
Nam cum indulget Judex indigno, ad prolapsionis contagium provocat universos: sic ergo misereatur indigno, ut semper homini condoleat, And speaking of the power of Kings in this matter of pardon; Temperet igitur( Rex) potentiam suam legibus, quae fraenum potentiae suae sunt, ut secundum leges vivat, quia hoc sanxit Lex humana, ut leges ligent latorem,( i.e.) Let therefore the King so temper his power with his laws, which are a Bridle to his power, that he may live according to them. For human Law hath ordained that the Law should bind the Law-giver.  
Ernell came into the Kings Bench and demanded the opinion of the Justices in this Case. One is indicted of Felony by the name of John Eton yeoman, and the King hath pardonned him by the name of John Eton Gentleman all manner of Felonies. If this pardon may be pleaded, with averment to say. That the said John Eton Yeoman and the said John Eton Gentleman, are one and the same person, and they said that the pardon was good, for at the time of the Indictment he might be a Yeoman and after might be made a gentleman by the King, or by reason of his Office 20. H. 7 Kel. rep. fo. 58.  
In the Kings Bench two were Outlawed upon an appeal and purchased their Charter of pardon, and had a scire facias against the Plaintiff in the appeal, and note that the pardon did not agree with the Indictment in the additions. For the words were Perdonamus, remittimus, relaxamus, Willihelmo Bellengham de London Serving man, Lawrentio Bellingham nuper de London Yeoman omnia & omni moda Utlagaria prefat versus Willihelmum & Lawrentium seu versus eorum alterum promulgatur which Charter in the premises scil. the words of Pardon are joint where it should have been Perdonamus &c. W. B. & L. B. & eorum alteri &c. because that every Felony is several and for these several contempts, it is requisite to have several pardons, and although the sequent be versus ipsos, seu eorum alterum this makes not the pardon several, and for this Cause the Justices were in doubt and sent for Baker the Kings Attorney, who went to the Common Bench and desired the advice of the Justices there, who were in divers opinions. But at last the Justices of the Kings Bench caused precedents to be preached out, and the pardon was allowed.   

Of Pardons.  
Pardon is a French word, signifying as much as pax, venia, gratia, and is used for the remitting or forgiving of a Felonious or other offence against the King. and it is two fold. One ex gratia Regis the other by course of Law; P. Stamf. pl. Cor. fo. 47.  
Pardon ex gratia Regis, is that which the King in some special regard of the person, or other Circumstance sheweth upon his absolute prerogative or power. Pardon by course of Law, is that which the Law in equity affordeth for a light offence, as homicide casual &c. West. part 2. Simbol. Tit. Indictments fect. 46.  
If a man be Outlawed by process before he appear, no Charter of Pardon shall be granted, except the Chancellor be certified, that he which is Outlawed hath yielded himself to prison before the Justices of the Court from whence the exegent was awarded 5. Ed. 3. 12.   

Trin. 41. Eliz. in the Kings Bench.  
IN an appeal between Strugborough and Biggins the Defendant was found guilty of Manslaughter and the question was, whether the Queen might pardon the burning in the hand. And it was objected that the appeal is the svit of the party, and by the Statute of 4. Hen. 7. Cap. 13. the burning of the hand is parcel of the punishment; and that the Queen could not pardon it, but upon conference had with divers other Justices that the King might pardon the burning in the hand, for the reasons in Sir Edward Cooks 5. Report fol. 50. specified, to which for brevity I refer the reader.   

Pardons.  
IT is murder when a malice of pmpensed killeth openly, or secretly, so that he liveth in the realm under the Kings protection, whereof if a man be indicted at this time, a pardon of all Felonies will not serve the turn, by the second Statute 13. Ri. 2. Ca. 1.   

Trin. 18. Carol.  
Rickley was indicted at Durham for murder, and afterwards the Indictment was removed into the Kings Bench, where he pleaded his pardon, which pardon had these words in it, viz. Homicidium, feloniam, felonicam Interfectionem, necem, &c. seu quocunque alio modo ad mortem devenerit, & note, that there was a non obstante in the pardon of any statute, made to the contrary, and whether those words in the pardon were sufficient to pardon murder, was the question. Hales for the prisoner said, that the pardon was sufficient, to pardon murder; and in his argument considered, whether murder were pardonable by the King, at the Common-law, or not, and argued that it was, the King was interested in the svit, and by the same reason he may pardon it Shasftoe contra that the King could not, the Statute of 13. Ri. 2. binds the King in point of Justice, and therefore the King could not dispense with it, wherefore he prayed that the pardon might not be allowed.— whereof the Court took time to Consider.  
If a man be attainted of Felony, and the King pardon all Felonies, this is not good, because in the Charter there is no pardon of the Attainder 9 Ed. 4. fo. 28. & Tit. Coron. P. 124. T. 19. Ed. 3. where the Case was, That one abjured the realm for the death of a man, and was brought to the bar and pleaded the Kings Charter of pardon, and because there was no mention made of the abjuration it was disallowed, Stamford Pl. Coron. fol. 102.  
And if the King pardon the Attainder and Execution, yet it shall be disallowed, because in the Charter it is not contained that the King pardonned the Felony. ibidem.  
If the King pardon 2. 3. or more men of all Felonies by them or any of them done. It is not good, because the Felony is said to be all several.  
If the King grant to one that he shall be quiter of the escape of Prisoners out of his prison being there for Felony or Treason, yet this shall not discharge him for a voluntary escape, but only for a negligent: For the King cannot licence a man to Commit Felony, but to restrain men from doing it — ibidem.  
Of a general pardon granted by Act of Parliament, every prisoner shall have the benefit without pleading it. For the Court giveth him the benefit thereof, though he have waived the benefit of the Act of Parliament. But this is to be understood where the Act is general without any exception, ibi. fo. 103.  
A pardon granted by the Kings Charter, the party ought not onely to pled it, but ought also to show it sub pre. sigilli and to bring with him his Writ of allowance testifying that he had found surety according to the statute ibi.  
3. H. 7. fo. 6. A prisoner upon an Utlawry pleaded his pardon from Ed. 4. without showing any Writ of allowance, or that he had found surety &c. & for that it appeared to the Justices that since his pardon he was Indicted of a battery and thereby had broken the Peace, the Charter of pardon was disallowed idem. fol. 104.  
Pardon of a gaoler for escapes of Felony, and Treason, is not good for voluntary escapes, Lambert. 562.  
Pardon must agree with the Indictment in name and addition of the party, and nature of the offence, for a pardon for all Felonies is not good for petty Treason, murder nor one attainted of Felony, Lambert. 561.  
Pardon of murder, the death of a man slain upon a wait, assault or malice drepensed, of Treason, or Rape of a woman sha●l not be allowed, but where the same murder, death of a man slain by await, assault or malice pmpensed, Treason or Rape be specified in the Charter, 13. Ri. 2. Finch lay fo. 78.  
Where a blow is given the first day of May, and the King pardons him the second day of May all felonies and misdemeanours, the party strucken dyes the 3. day of May, although such an Act be not Felony till after the pardon yet the Felony is pardonned, in that the misdemeanour is pardonned, and because all things pursuvant are also pardonned, 13. Eliz. Finch. lay. fo. 4.  
The King pardons the making of a Bridge. This pardon is good only for the fine, not for the making. For he shall make the Bridge nevertheless. For the Kings Subjects have interest therein 37. H. 6. Finch lay fo. 22.  
He that hath a pardon from the King must within three months find sureties for his good abearing otherwise it is voided 10. Ed. 3. ca. 3. Finch. fo. 68.  
A Pardon for Felony granted to a man, in any other Case but where the King may do it by his Oath shall be voided. 14. Ed. 3. ca. 15. Finch lay ibidem.  
In pardon of Felony, the suggestion itself, and the name of him that made the suggestion must be comprised in the Charter, and if the suggestion prove not true the Charter it shall not be disallowed. 27. Ed 3 ca. 2.   

Pasch. 14. Eliz.  
Cobham alias brook before the last general pardon was for piracy condemned to suffer the punishment of penny fort et dure but not put in Execution, and by the general pardon all contempts are pardonned, pains and Executions, &c. but all piracies are excepted, it was moved by the Queens Attorney general, whether he might not be newly impeached and arraigned, for the foresaid piracy, or might be indicted de novo for another piracy or Robbery upon the Sea Committed at the same time or not. Concerning the first point the Justices, and the Queens council were in divers opinions, by reason of the Judgement, and punishment and the Execution thereof, in which no attainder or Conviction of the offence is mentioned, but for the other point, the mayor part was that it is good enough to indict him, and put him to answer. Dyer fo. 308.  
Cuddington brought an Action of the Case against Wilkins for calling him freeze the Defendant justified, because before he had stolen somewhat, the Plaintiff replied that since the supposed Felony the general pardon in the seventh year of the King was made, and makes the usual averment to bring himself within the pardon, whereupon the Defendant demurs, and upon the authorities mentioned in the report, it was adjudged for the Plaintiff, for that the Felony was by the pardon extinct.  
For the Kings pardon doth not only clear the offence, but all the dependences, penalties, and disabilities incident unto it, and it was said, that he could no more be called thief in the present tense then to say that a man hath the pox or is a villain after he is cured or manumised Hob. rep. fo. 81.  
Much more might be said upon this Subject, but rebus sic Stantibus I shall say no more, but onely set down the rule which is found in Bracton, fol. 132.  
Non potest Rex gratiam facere cum injuria & damno aliorum quod autem alienum est, dare non potest supper suam gratiam( i.e.) the King cannot pardon, or show his grace with wrong or damage to others, for what is another mans he cannot give away by his grace or pardon.  
And now having according to my mediocrity finished that which at the request of some friends at the first not without some reluctancy( being conscious of mine own disability) I let go abroad, and having purged it of some errors which escaped in the former impression by reason of my absence: I wish that such as it is, it may bring the fruit and benefit I intended thereby, as should stand in need thereof.  
I conclude all with two hymns of the Church which I hope no discreet man will think to be any rag of Popery.  
Gloria in excelsis deo, pax in terris & benevolentia erga homines.  
and  
Da pacem Domine in diebus nostris.  
To which prayer let every honest and godly man say — Amen.  
If a Parker or Forester kill a malefactor in his park or foreste that will not yield, it is not Felony.  
To kill a man who attempts to rob another upon the High way, or goes about to burn a mans house although he burn it not, whereupon he comes forth and kills any of them which make such attempt, it is not Felony.  
I find in my Lord Dyers Reports fo. 224. 5. Eliz. that at the goal delivery at Newgate at the end of the Term, that one was indicted that vi & armis apud B. in via Regia ibidem 40 s. in pecunijs numeratis &c. felonice caepit a persona I. S. & habuit liberum in hoc casu, eo quod non est Robberia, if the person were not put in fear, as by assault, and violence.  
How this practise agreed with the Law elsewhere declared I understand not, for it is very improbable( at least) how vi & armis( which implies assault, and violence) a man can have his money taken from his person, and not be put in fear. And if it be not robbery, what is it.  
Sure I am that in Harmons Case who did neither with any Felonious intent, assault his tenant( from whom he was charged to take the purse) nor could put him in fear, it was made Robbery. But the man had a good estate, which was indeed the fellow as Butler who was in Hen. 8. time Lord of Sudely Castle in gloucester shire, and of goodly possessions there, being arrested for Treason, when he was on the top of the hill above his house looked back upon it said Ah Sudely, Thou art the Traitor not I.  
If a man be indicted as accessary to a Felony, before the principal be convict he ought not to be arraigned and so adjudged by the whole Court Trin. 32. Eliz. That if there be principal and accessary, and the principal is pardonned, or had his Clergy the accessary cannot be arraigned for the maxim in the Law, is ubi nullum factum ibi fortia nulla, & ubi non est principalis non potest esse àccessorius, and no man can be said to be a principal till he be proved and judged by Law, and this ought to be by Judgement, or confession, or by Outlawry Co. 4. part. fo. 43.  
If an offence which is murder at the Common Law be made High Treason no appeal lieth thereof, because murder being the less offence is drowned and is punishable as high Treason, where no appeal lieth 33. H. 8 Dyer. 50.  
A woman with Child of a live infant( not priviment enserat) shall have their trial by a jury of women, for one time, and for one time and no more, Execution shall be respited. 22 Ass. Pla. 71.  
Treason and Misprissions of Treasons in Wales or the marches thereof or within the realm where the Kings Writ doth not run, shall be presented and tried in the same County by Commission of Oyer and Terminer 32. H. 8. ca. 4.  
He that becomes a lunatic after his attainder Conviction, or Confession of high Treason, shall nevertheless be executed.  
Indictment of death, or appeal of murder, and the trial thereof may be in the County where the death is although the stroke or poison, be given in another County, and the accessary in one County to a murder or Felony done in another, may be indicted and tried in the County where he is accessary 2. Ed. 6. ca. 24.  
He that is acquitted upon an Indictment of murder or man-slaughter shall not go at large until the year and day be past within which time appeal may be sued( if his Clergy was not had before.) 3. H. 7. ca. 1.   

Trin. 43. Eliz.  
IN this term all the Iustices of England met together to Consider of the Statute of Captains and Souldiers. For divers Souldiers being prest and going toward Ireland to serve against the Rebells, and before they served in the wars did run away, and according to the resolution then had were attaint and hanged. Co. 6. part. fo. 27.  
If certain men assault I. D. to kill him, and I. S. who had no malice unto him, but being in their Company and seeing them fighting takes part with one of them and strikes I. D. that he die, it is but Chance-medley in I. S.  
Theft-boote is not when a man takes back his goods which were taken from him; but properly when a man takes his goods from a thief to favour and maintain him, the punishment whereof is ransom and imprisonment but not of life or member 3. Ed. Fitz. Cor. 373. Finch lay fo. 30.  
If an exigent be awarded upon an Indictment, and one come and saith, that he hath the same name as he against whom the process is awarded upon the Indictment, and prays that the Kings Attorney may put a diversity of the names &c. now this shall not be done, for this will change the Indictment, for that the process ought to be made according to the Indictment. And if he be grieved by the process he must sue the Writ de Identitate nominis and shall have no other remedy, and he may have this Writ directed to the Iustices of the Peace, if they make process of Outlawry upon Indictments presented before them, and also to the Iustices of the goal delivery as appears by the register. fo. 195. & 196. Fitz. nat. br. fo. 268.  
It was agreed by the Court, that a man shall not have a Writ de Identitate nominis where he hath two Christian names but it always lies in Sir names.  
By Briton, those persons shall be burned which Feloniously burn other mens corn, or other mens houses, and Sorcerers and Sodomites and heretics shall also be burned Briton lib. 1 ca. 17. But such person as is to be burnt for heresy ought first to be convict thereof by the Bishop, who is his Diocesan where he dwelled and abjured it, and after if he relapse into the same heresy, or another, and thereof be condemned in the same dioces, then he shall be sent to the secular power from the Clergy. To do with him as shall please the King, who may pardon him, if he will. The form of which writ, viz. Fitz. nat. br. fo. 269— whereof vide-plus in the Statute of 25. H. 8. which repeals a former Statute of 2. H 4. concerning burning of heretics. This Law concerning burning of houses is changed and some malefactors whom Briton names not, shall be burned, as women who murder their husbands &c. A man was put into the stocks as suspected of Felony and there came one and let him out, this is Felony at the Common-Law de frangentibus prisonis although the party that escaped was not indicted of Felony. Dyer. fo. 99.  
Between party and party the Pleas of the Crown are by way of appeal whatsoever it be, ormayhem, for in the Case of petit Treason appeal lieth, but not in high Treason. Litl. fo. 116.  
In Treason and the death of a man there shall be but one process of Outlawry, be it murder or homicide, in other Felonies two as in Burglary, Robbery; and Larceny, in mayheme three before the process of Outlawry. brooks process 149. Finch lay fo. 78.   

Mich. 4 and 5. Ph. and Mary.  
ONe John Oldnoll a Yeoman of the guard was indicted, for words horrible and slanderous spoken of the Queen( more then three months before the Indictment) contra formam diversorum Statutorum. Without touching any particular, and without any mention of these words in it ( scil.) unde scandalum in Regno inter Dominam Reginam & magnates vel populum suum oriri poterit, &c. & being arraigned thereof he was convict and what Iudgement he should have whether imprisoned and in prison datained, till he had found out in Court him by whom these words were moved, according to the Statute of Westminster. Ca. 34. Or whether according to the Statute of 12. Ri. 2. Ca. 11.( that is) that he shall be punished by the advice of the council, about which there was much debate, and doubt for the punishment by the Statute of 1. & 2. of the present King &c. was elapsed. But at length after great Consultaion and conference about the said Statutes of Westminster 1. And Ri. 2. it was agreed by the Justices and sergeant brown, that he should be imprisoned, and fined at the will of the King till he had found surety &c. according to the Statute of Westminster 1. and not according to the abitrement or advice of the council. Dyer 155.  
Finding this word Fini mentioned in this afore-recited Judgement, I remember the great dispute in the Star-Chamber about the fining of the earl of suffolk for some misdemeanour done, or suffered by him in his office of Lord Treasurer for which one of the Lords would have fined him 80000 l. which another opposed, saying he ought to be fined with a salvo continemento as a Merchant shall not be fined or amerced but saving to him his merchandise, and a villand, saving to him, his waynage, so an earl to be fined saving to him his dignity of an earl so that he was fined but at 30000 l. what the definition of Contenement is vide exp. terms in the Law. fo. 80.   

Pasch. 11. Jacobi.  
ONe sent a letter closed and sealed to Sir Baptist Hicks, which was delivered to his hands containing many dispitfull scandals delivered Ironice as saying, you will not play, the Jew nor the hypocrite, &c. whereupon Sir Baptist Hicks sued him in the Star-Chamber, and upon the hearing it was resolved. That though it were not proved that the Defendant had any way published it. yet the Court would hold Plea of it, and so did, and fined the Defendant, and sentenced him to wear papers, and make his submission to Sir Baptist Hicks in cheapside: yet an action of the Case will not lie in that Case for want of publication. But the King and Common-Wealth are interested in it, because it is a provocation to a Challenge, and the breach of the Peace. Hob. Rep. fo. 215.   

12. jacobi.  
THE Lord Darcy of the North sued Gervase Marckham esquire for dispersing divers unseald letters, the effect whereof was, that whereas the Lord Darcy had said, that but for him his man Beckwith had beaten him to rags, he lied, and as often as he should speak it, he lied, and that he would maintain it with his life; for which Marckham was fined in the Star-Chamber 500 l. and the reason of the sentence was, that this was a Compounded misdemeanour, for the letter thus dispersed was in the nature of a libel defamatory to the Lord Darcy; and the other point was, that though there were no direct challenge to the Lord Darcy to fight, yet there were plain provocations in it, and as it were to call and challenge the Lord Darcy to challenge him. Hob, rep. fo. 120.   

13. Jacobi.  
PAul Burrow exhibited his bill in the Star-Chamber against Maurice lewelin for writing unto him a despiteful and reproachful letter, which, for ought appeared to the Court, was sealed and delivered to his own hands, and never otherwise published And it was resolved, that although the Plaintiff could not bring his action because it was not published, yet the Star Chamber for the King doth punish such offences, because such quarrelous letters tend to the breach of the peace and to stirring of Challenges. Hob. rep. fo. 62.  
It was therefore a wholesome, and necessary ordinance of the 29 of June 1650. For the punishment of such as should make, sand, or knowingly carry any challenge, by imprisonment and binding to the good behaviour. And that if any man be slain in duell, the s●ayor shall be adjudged a murderer; and that such as fight duels, though death ensue not, yet such fighters and their seconds should be punished with banishment, and upon return to be adjudged Felons, and as such suffer death, and that provoking by disgraceful words or gesture shall be punishable by Indictment at the Sessions, and fine, binding to the good behaviour.  
certainly if this ordinance be put in Execution, it will save much blood, which would else be wilfully  shed by rash spirits, which had need to be bridled by some severe Law, and be duly executed upon some to the terror of others.  
In Queen Elizabeths time at an assembly of all the Judges and Barons, it was moved by Anderson chief Justice of the Common-Bench, whether men may arm themselves to suppress Riots, Rebellions, and to resist Enemies, and endeavour to suppress such disturbers of the Peace and quiet of the realm, and it was resolved, that every Justice of the Peace, and other Minister, or other Subject of the King, where any such accident doth happen may do it, which resolution of theirs was grounded upon the Statute of 2. Ed. 3. Ca. 3. the words whereof are recited in the report, and that upon Cry made for weapons to keep the Peace, every man where such accidents happen for breach of the Peace, may by Law arm himself against such evil doers to keep the Peace.  
But they held it to be the more discreet way for every one in such a Case to attend, and be assistant to the Justices, Sheriffs, and other Ministers of the King in doing it. Pop. rep. fo. 121.  
It was also at the same time resolved by them all( except Walsmeley, Fenner and own) in the Case of Richard Bradshaw and Robert Burton, who with others agreed between themselves to rise and put themselves in arms, and so to go from one Gentlemans house to another, to pull down enclosures generally. And this so appearing by Confession or proof by two witnesses by the Statute of 13. Eliz. is high Treason, and all agreed that Rebellion of subjects against the Queen hath been always High Treason at the Common-Law. And the Statute of 25. Ed. 3. is, that levying of war within the realm against the King is Treason, and Rebellion is all the war which a Subject can make against the King.  
Against which Walsmeley and the others vouchsafe the Statute of 1. Mar. cap. 12. 10. That if any persons to the number of twelve or more assemble themselves together to pull down inclosurs, &c. with force, and therewith continue after Proclamation made to go away, by the space of an hour, that it is Felony. And if such Actions had been Treason at the Common-law, it had been to no purpose to make it Felony And it seemed to them, that the resistance ought to be with force to the Queen, before that such Acts should be said to be Treason.  
But all the other Justices agreed( and so it was put in ure about 36. Eiz. against the Prentices of London) that if any assemble themselves with force to alter the Law, or set a price upon victuals, or lay violent hands upon the Magistrate, and with force attempt to put it in Action, that this is Rebellion and Treason, though the Statute of 1. May. makes it but Felony. ibi. fo. 122.   

Term 15. Jac. in Banco Regis.  
THomas Dedham had to Apprentice one Holland, who got his Maid with Child, and afterwards went from his Masters service, and stayed one whole night with one Vaughan his Kinsman, and Dedham procured a Warrant ftom Sir St. Soame a Iustice of Peace, that the Constable should bring Holland before him, and because Vaughan persuaded him to withdraw himself, so that he should not be taken, he was indicted: And it was agreed, that it was lawful for Vaughan to lodge and relieve him, though he knew his misdeeds, they being neither Treason nor Felony. But Houghton Iustice took exception to the Indictment, because no place appeared where he persuaded him to withdraw himself from the Warrant, or t, hat in truth he did hid himself from the warrant, which if he did not, the persuasion was nothing.  
And Dodderidge took another exception against the Warrant, because the Statute faith, that two Iustices, of which one of them shall be of the Quorum, shall proceed in such cases against the Malefactor, and that they shall compel the party to allow means for the maintenance of the Infant, &c. and this was not according &c.   

In the same Term ibidem.  
UPon an Indictment of Battery before the Iustices of Wales, a Certiorari was moved for to remove it into this Court: And it was said at the Bar, that it had not been seen from the time of Ed. 1. that such a Writ had been granted in the like case, and therfore that it ought not to be granted: But it was resolved by she Court, that a Certiorare should be granted, in regard it is the Kings case, though it ought not to be granted in the case of a common person, Pop. rep. 144.   

Mich. 38, & 39. Eliz.  
ONe Everet was attaint for stealing of a Horse, and reprieved after Iudgment, and indicted again for stealing of another Horse before this Attainder: And the Vicar of Pelton in Somersetshire, was Indicted as accessary before the Felony for the procurement of it: And Everet being again arraigned upon this last Indictment, did not pled that he was formerly indicted of another Felony, &c but acknowledged the Indictment, whereby the accessary was arraigned, tried, and found guilty, and had his Iudgment as the principal, but the execution of the accessary was respited, and the chief Iustice at Serjeants inn moved the other Iustices, whether upon this matter it should be fit to execute the Accessary the principal being executed: And they all agreed that he shall be executed, because the principal did not take advantage of his first attainder, but acknowledged the dead, &c. But supposing the principal had pleaded his former Attainder, whether now he shall be put to answer for the benefit of the Queen, having regard to this acecssory, who otherwise should go quit, because there was not any principal, but he who was formerly attainted.  
And it seemed to Popham and some others, that it shall be in the same manner as if the same person so formerly attainted should be now tried for Treason committed before his attainder, because it is for the advantage of the King in his escheat &c. vide plus in Pop. rep. fo. 107.   

13. H, 7.  
THE opinion of the Court in the Kings-Bench was, that where a man is convict upon the Statute of Hunters made at Westminster 1. That the fine and imprisonment is for the King, and not for the party. Kel. rep. fo. 39. The like matter is 16. H. 7. fo. 10. par●o tracto.   

21. H. 7.  
AT a goal delivery held at South-warck two were indicted of Felony, and being arraigned Pleaded that they were taken out of the Sanctuary of A. by such persons, and prayed the privilege thereof, and to be restored, but would by no means pled over to the Felony although they were thereunto entreated by the Justices which declared unto them the Law, ( viz.) that if they would not pled to the Felony, and it were found that they were not taken out of Sanctuary, the Felony should not be inquired of; nevertheless they would not, and thereupon an inquest was taken, which found that they were not taken out of Sanctuary only, and not of the Felony, and the Sheriff commanded to carry them to the prison from whence they came, and there to suffer. prima fort. & deuce Kel. rep. fo. 70.   

21. Hen. 7.  
IT was said by Frowick, that where there are a principal and accessary in Case of Robbery, the party may first commence his appeal against the principal, and afterwards he may commence his appeal against the accessary. And he said, that it was adjudged 9. H. 4: that a man had his appeal against the principal in case of murder, and after had another appeal against him who abetted, hanging the appeal against the principal. Kel. rep. fol. 83.  
Keble said, that if one be indicted of trespass and Outlawed at the svit of the King, that he shall never pled, not guilty, for by this Outlawry he is presently condemned. Kel. rep fo. 135.   

Pasch. 9. Hen. 8.  
UPon the Insurrection in London it was resolved by all the Justices of England, that the Justices of Oyer and Terminer, cannot inquire one day and the same day determine, no more then the Iustices of the peace, &c. But the Iustices of the goal delivery and Iustices in Eyre may well do it. Kel. rep. fo. 159.   

7. Hen. 8.  
ONe hun being by Doctor Horsey committed to Lollards Tower upon pretence of heresy, was one morning found hanged in his Chamber, and it was given out by the Doctor, and the gaoler, that hun had hanged himself, burr it being not believed, and the gaoler happily being conscious of his own wicked Act, took Sanctuary, and Horsey was upon the view of the body indicted, and afterwards came privately into the Kings-bench; & to the indictment pleaded not guilty, and Ernely the Kings Attorney( to gratify the Clergy with whom there was then a great contest about the Kings power over the Clergy, and to abate their malice against Doctor Standtsh) confessed it, whereupon he was dismissed Kel. rep. fo. 185.   

Term. Mich. 9. H. 8.  
AN Indictment was taken upon the escape of certain convicted persons, without showing before what Iustices they were convicted, and after the matter was examined by the Bar and Bench: the Indictment seemed insufficient, but the omission of the names of the Iustices of the Peace, before whom the original Inditement was taken, is not material, nor the specifying of the Felony. For it is sufficient if the Iustices certify the body of the record of the attainder, or of the conviction, for that is enough for the King until it be defeated by error Kel. rep. fo. 194.   

A Great part of the copy( wherein the heads of all the matters in the Book contained) being at the press before the whole was finished, there were some Collections omitted which should have been put under their proper heads, which because they could not then well be, the author thought to have set them aside, and not print them, but the particulars so omitted being by a judicious Gentleman seen, they were by him thought fit to be published with the rest; & so are, and may go( if you please) under the name of a miscellaneous appendix, and being but few, may by the diligent Student be quoted in their due places.   
FINIS.   

THE TABLE.  

THe species of High treason by the Statute of 25. Ed. 3. Pag. 1.  
What shall be done with a man that commits Treason, not being Compos mentis Pag. 2.  
What the ancient Law was in King Alfreds time if a man offered to kill the King. ib.  
When Clipping, Washing, and filing of money was made Treason. ib.  
Aliens committing Treason how to be tried. ib.  
Judgement in Case of high Treason ib.  
Petit Treason defined p. 4.  
What proof ought to be made in case of high Treason. p. 5.  
Judgement in Case of petit Treason ib.  
No man Outlawed ought to serve upon inquests, and the Reason why. ib.  
What Judgement shall be given against a man Outlawed for Felony or Treason ib.  
Misprision of Treason defined. p. 6.  
The Judgement and forfeiture upon misprision of Treason. ib.  
The punishment for drawing a weapon in Westminster Hall, upon Judge or Justice sitting in Court. ib.  
And for striking a Juror in the presence of Judges in Westminster Hall, or before the Justices of Assize, or Oyer and Terminer. p. 7.  


A Conjurer  
A Witch and  
Sorcerer   Defined. ib.  
The punishment of them by the Statute of 1. Jacobi. p. 8.  
Murder defined. ib.  
What is comprehended under the Title of killing. 9.  
Malice pmpensed defined. ib.  
Homicide and several kindes thereof. p. 10.  
Cutting out of Tongues and putting out of eyes made Felony. ib.  


Burglary  
Burning of houses  
Robbery   Defined. p. 11.  
Divers other Felonies 12. 13.  
declared and defined. 14.  
Larceny grand and Petit. Defined. 15.  
Praemunire, why so called. 16.  
Prophecies how punished. 17.  
Approvers defined. ib.  
Theft-boote defined. 18.  
Conspiracy defined. 19.  
Bribery defined. 20.  
Perjury and Subornation defined. 21.  
Forging of deeds, when Felony. 22.  
Riot what. ib.  
Fugitives, their punishment. 23.  
brothel Houses how punished ib.  
Judgement in Case of Petit Larceny▪ 24.  
judgement for death, per infortunium, and in se defendendo. ib.  
What shall be done to him that killeth another who would have killed or robbed him. 29.  
Of seizure of Goods for offences before conviction. ib.   

Indictments.  
FOr high Treason against Queen Eliz. 25.  
For uttering words to move Rebellion 28.  
For Counterfeting Gold. 30.  
For uttering false pieces of Gold. ib.  
For making false money 31.  
Indictment for Treason quashed for want of a word. ib.  
For receiving a Seminary Priest. 32.  
For saying and hearing mass. 33.  
For coining of money. ib.  
Against a jesuit and one that received him. ib.  
What Statutes have been as additions or expositions of the Statute of 25. Ed. 3. concerning Treason. 34.  
What shall be forfeited in Case of misprision of Treason. 35.  
For the Rape of a Maiden. 36.  
For the Rape of a Child under ten yeares of age. ib.  
For the Rape of a maid of sixteen yeares of age 37.  
Observations upon the prosecution of an Indictment for a Rape. 38.  
For a woman poisoning her Husband. 39.  
For a Servant for killing his Master. 40.  
For a man poisoning his Wife. 41.  
For a murder in te high way, and procurement thereof. 42.  
For murdering a Bastard Child by the Mother and Mid-wife. 43.  
For murdering a woman by Crushing her. 45.  
Against a woman for murdering her Child. 46.  
For a murder by two and an accessary before the fact. 46.  
The opinion of divers Justices in Case of petty Treason in some Cases. 47.  
For killing a man by witch-craft. 48.  
Exceptions taken to an Indictment for murder. 50.  
For murder and Burglary, by Strangling. ib.  
For Manslaughter: 51.  
For killing one with an Arrow by mischance. 52.  
For homicide by a mad Man. 53.  
The Judgement upon an Indictment upon the Statute 1. Jac. for Stabbing. ib.  
The opinion of the Judges about one boy killing another. ib.  
The Judgement of the Court about the killing of a Sheriffs bailiff. 54.  
Sir matthew Mincks his Case for Manslaughter. 55.  
Felo de se, in what he forfeits, and in what Case not. 56.  
The duty of a Coroner. ib.  
What the opinion of the Lord chief Justice was concerning Manslaughter in Danvers his Case. 57.  
What the judgement in the upper Bench was. upon an Indictment of a man for having two Wives.  
For a Battery. 59.  
For a Battery and mayhem. 60.  
What punishment is if a base fellow strike a man of dignity. 61.  
What is accounted an assault. ib.  
What words are requisite in Indictments for Treason, Murder, Felony, and trespass. ib.  
For false Imprisonment. ib.  
For false Imprisonment of a Mans Servant. 62.  
For breaking prison by a fellow. ib.  
For giving in evidence a false or forged dead. 63.  
For bewitching a Horse. 65.  
For getting of money by a colour of process. ib.  
For getting Goods by counterfeit letters. 66.  
For a vagrant going under the name of a soldier. 67.  
For interrupting a Minister saying Common Prayer. 68.  
For taking a sack but not feloniously. 69.  
For being absent from the Church in the Statute of 1. Eliz. and 28. ib.  
Exception to quash an Indictment upon that Statute. 70.  
For keeping ill rule in an Alehouse. 71.  
For keeping unlawful Games. ib.  
For keeping an unlicenced Alehouse. 73.  
Against such as call themselves egyptians. ib.  
For keeping a Bawdy House. 74.  
For a Common Barreter. ib.  
A Judgement in the Case. 75.  
For Inmates. ib.  
For using unlawful Games. ib.  
For fighting in a Church-yard. 76.  
For negligent keeping of fire, whereby the Neighbors Goods are burned. 77.  
For stoping the Common high way. ib.  
For enclosing a high way. 78.  
For turning a Water-course. 80.  
For a Bridge in decay. 81.  
Exceptions to quash an Inditement in such a Case. 82.  
An inditement for not repairing the Street before a mans door quashed. 82.  
The Judgement against a Carrier for spoil the high ways. 83.  
For not mending of a way. ib.  
For not coming to work at high ways. 85.  
A Scot was denied to be tried per medietatem Linguae, and the reason thereof. 86.  
For taking away a maiden out of another mans custody. 87.  
For tracing Hares in Snow. 88.  
For Hawking in corn. 89.  
For getting Quick wood. ib.  
For chasing sheep with Doggs. 90.  
For engrossing corn. ib.  
For regrating of fish and butter upon the Statute of 5 Ed. 6. ib.  
For trespass in corn 91.  
For taking Doves. 92.  
For felling Trees and underwood. ib.  
For breaking a Close, and taking away cattle with a Continuando. 93.  
Against a Constable for the escape of a fellow committed to him. ib.  
For Forestalling. 94.  
For taking away a stray. 95.  
For engrossing corn growing. ib.  
For refusing to watch. ib.  
For taking an excessive distress. 96.  
For taking a distress in the high way. 97.  
For shooting hail shot in a hand Gun. 98.  
For breaking the soil where another hath common of Pasture. ib.  
For taking Conies in a free Warren in the night. 100.  
For Conspiracy of Bakers about making of bread. ib.  
For pulling out of eyes. 101.  
For cutting out of Tongues. ib.  
For hunting in a park in the night with Doggs and Buck-stalls. 102.  
For a Labourer keeping a Greyhound. 103.  
mor using more Trades then one upon the Statute of 3. Ed. 3. ib.  
For seducing an Apprentice from his Masters Service. 105.  
In what Cases a man shall have a Writ of Conspiracy. 106.  
Indictment and Outlary against Sir Henry Danvers upon the death of Long reversed. 108  
Indictment against one Richard Lawson quashed, and for what cause. 109.  
Argument upon an Indictment upon Felony, and how adjudged. 110.  
An Outlary upon an Indictment avoided, and how. 111.  
Breaking of Prison adjudged no Felony, and why. 112.  
Indictment at a Leete quashed, and how. ib.  
Indictment for murder quashed, and why. ib.  
Indictment for another murder quashed, and the reason why. 113.  
Indictment for a trespass quashed, & why. 114.  
Indictment upon Praemunire quashed, & why. ib.  
An indictment for perjury quashed, & why. 115.  
Indictment upon the death of a woman, argued whether murder or not, the Judges divided. 116.  
Indictment against forty quashed, and why. ib.  
appeal of murder discharged, and how. 119.  
appeal of another murder discharged, and how. 119.  
Indictment against Accessories in Manslaughter quashed, and why. 120.  
Indictment for a forcible entry quashed, and why. 121.  
appeal of death discharged, and how. ib.  
An appeal of Burglary discharged, and why 123.  
Iudgment upon a murder found by the Jury avoided, and how. 126:  
Indictment for erecting and Dove-house held insufficient, and why. 127.  
Indictment against four men for erecting of four ●nns quashed, and why. 128.  
Indictment for erecting a Cottage quashed, and why. ib.  
Forging a Customary roll how censured. 129.  
Forgery how to be punished. 132.  
Indictment for Burglary. 135.  
Indictment for breaking a House in the day time and stealing Goods upon, the Statute of 39. Eliz. 137.  
What was adjudged Burglary by all the Judges. ib. and 138.  
Indictment for burning a dwelling House: 139.  
For Robbing by the high way. 140.  
For cutting a purse. 142.  
For purse picking. 143.  
For stealing corn, and another for receiving it. ib.  
For stealing a cloak and accessary before. 144.  
For a forcible entry and detainer, upon the Statute 8. Hen. 6. 145.  
For a forcible entry upon the Statute of 5 Ri. 2. 146.  
Observations upon that Statute. ib.  
Riots, and Judgements thereupon. 149.  
Rescous: where a man shall have a Writ of Rescous, and where not. 150.  
Observations and Judgement thereabouts. ib. & 152.  
Indictment for a riotous assault. 153.  
For a Riot and Riotous assembly upon the Statute of 1 Mar. ib.  
For a felonious Rescous. 155.  
For a rescous upon a bailiff. 156,  
For a rescous upon distraining for rent. 157.  
For rescowing one from a Constable. 158.  
For rescowing cattle taken damage peasant. 159.  
For rescowing a man taken by a bailiff upon a Cap. ad Respondend. 160.  
For slandering a Judge of Assize. 161.  
For publishing a slanderous writing against the Keepers of the liberty &c. 163.  
For slandering a Common person. 164.  
Proceedings upon Indictments. 166. 167. 168. 169. 170. 171. 172 173.  
Certiorari upon an Indictment for a forcible entry. 177.  
Certiorari to the Justices of the Gaole delivery. ib.  
Certiorari for an Indictment and utlary. 178.  
Certiorari at the Sheriffs turn. 179  
Certiorari to the bailiff of a Manner. ib.  
Certiorari to the Steward and bailiff of a Mannor. ib.  
Judgements upon Certioraries brought in the Upper Bench. 180 181 182  
Procedendo upon a Certiorari. 183  
Procedendo upon a Habeas. Corpus. 184  
A Warrant to attach suspicious persons. 186  
What a person robbed must do to recover of the Hundred. 187  
A Warrant to attach one to appear at the assizes. 189  
A Warrant for men which have committed a Riot. 190  
A Warrant for the Peace. 191  
Another Warrant for the Peace. ib.  
A Warrant for the good behaviour. 192  
Another Warrant for the same. ib.  
A Warrant for the good behaviour directed to the sheriff. 194  
A Warrant to levy money forfeited by an Alehouse-keeper. ib.  
A Warrant to summon all sorts of Vi 〈…〉 to be bound from dressing Flesh in dayes prohibited. 195  
The Oath of a petty Constable. 196  
The Statute of Winton for Watch, H●● and Cry. 197  
The Oath of an High Constable, and his power more then a petty Constable 199  
A Judgement in the then Kings Bench upon an action brought against a Constable executing his Office. 200  
Another Judgement in like Case. 201  
The power of a Constable before the Statute of 3 H. 7. 202  
A Warrant to take men indicted, and have not paid their Fines. 203  
A Warrant for the Peace granted by a Judge of assize. 204  
A Warrant to attach a fellow. ib.  
A Warrant for one who hath dangerously hurt another. 205  
A Warrant to attach the reputed father of a bastard Child. ib.  
A Warrant for a fugitive Servant. 206  
A Warrant to search for Sheep stealers 207  
A Warrant to take a fellow granted in open Sessions. ib.  
A Warrant for suppressing an Alehouse. 208  
A Warrant to take a common Alehouse Keeper without Licence. ib.  
A Warrant for choosing a new Constable. 209  
A Warrant to the high Constable for a privy search. ib.  
A Warrant to the high Constable to give warning to the Overseers of every Parish to be at the sitting of the Justices. 210  
A Warrant for one for drinking a Health to the King of Scots. 212  
A Warrant for such as resuse to pay their Assessments. ib.  
A Warrant for removing a petty Constable, and swearing another. 213  
A Warrant for the good behaviour, granted in the Sessions. ib.  
A Warrant from a Justice of the Peace to fetch a Witness to give Evidence. 214  
Another Warrant for a fugitive servant. 215  
A Warrant for one refusing to serve. ib.  
Surety of the Peace defined. 217  
Where the Writ de Securitate pacis lieth. 218  
Supersedeas defined. 220  
A Supersedeas out of the Upper Bench for the Peace and good behaviour. ib.  
A Supersedeas upon the release of the Peace, out of the Upper Bench. 221  
A perpetual Supersedeas for the Peace upon bail. 222  
A Supersedias for the Peace out of the Chanery. ib.  
A Supersedeas for the Peace. 223  
A Supersedeas upon a Supplicavit for the Peace. 224  
The form of a recognisance to be taken upon granting a Supersedeas for the Peace and good behaviour. 226  
A Certiorari of a recognisance. 227  
A Certiorari of a recognisance under a pain. ib.   

Mittimus.  
TO the Keeper of the goal to receive two charged with Witchcraft. 229  
To receive one for robbing by the high Way. 230  
For stealing Oxen. ib.  
For a contentious person, and a disturber of his neighbours. ib.  
Of one taken upon suspicion of Felony. 231  
Of a suppressed Alehouse Keeper. ib.  
Of a dangerous Rogue sent to the House of Correction. 232  
Of an idle person that will not continue in service. 233  
Of such as hold land by force. ib.  
Of the Mother of a Bastard child. 234  
Of the reputed Father of a Bastard child. 235   

clergy.  
HOw the clergy was allowed before the Statute of 5. of Ed. 3. and how since. 266  
The time of claiming the Clergy. 267  
Things to be observed in giving the clergy at the Common Law. ib.  
clergy allowed to an accessary for stealing of Horses and Mares, and the reason thereof. 270  
clergy allowed to an accessary to one that robbed another in his dwelling house, and the reason thereof. ib.  
clergy allowed for a robbery in the high way, and the reason. 272  
The Case of Doctor Story arraigned for Treason, and the Judgement. 275  
The Statute of 21. Jac. in favour of women Felons. 276  
What Felonies are not allowed clergy. 277  
The punishment for petty Larceny. 281  
The punishment of dangerous Rogues. 282  
The punishment of Traytors and Felons in their Estates. ib.  
The forfeicture of a fellow Outlawed. 286  
The punishment of one striking another in Westminster Hall, the Court sitting. ib.  
The Judgement of a man arraigned for Treason, and stands mute. 287   

Church-Wardens.  
WHat they have power to do by their Office. 291   

Pardons.  
THe form of pleading a general pardon. 311  
In what Cases Pardons shall be allowed, or disallowed by the Justices. 314  
In what Cases the Kings Pardon shall take effect, and where not. 319  
Dispersers of Letters sealed and unsealed, provoking to duels, punished in the Star-Chamber. 330. and 331  
How far men may arm themselves to repress Rebellions argued by the Justices. 332   
FINIS