A manuel, OR A Justice of Peace His Vade-mecum. A Table containing the substance of all Statutes whereby one or more Iustices are enabled and authorised to order matters out of the Sessions of the Peace. Proverbs 7.23. A wicked man taketh a gift out of the bosom to wrest the ways of judgement. Proverbs 17.15. He that justifieth the wicked, and he that condemneth the just: even they both are abomination to the Lord. Deuter. 1.17. O The judgement is Gods. LONDON, Printed by T. Badger, for Mat. Walbanok 1642. Praecognita to this Table. Statutes to be proclaimed at the quarter-Sessions. STatute of Winchester, by the Sheriff four times, 7. E. 2. 6. Statute 36. E 3. 23. concerning purveyors. Statute Anno 33. H. 8. concerning unlawful ●… mes. Statute Anno 5. Elis. 1. against extoling of ●… e Pope and See of Rome. Statute Anno 4. H. 7. 12. A Proclamation ●… ncerning counterfeiting of coin, murder, ●… oberies, retainers, id enesse, unlawful games, ●… ortion of Sheriffs, &c. To be red in the Church. STatute 21. Jac. 20 concerning swearing Vide Crompt. Jurisdict. fol. 16. a. 1. One Justice of peace alone cannot ta●… any Inquisition, unless power be given 〈…〉 Stat. M 2. E. 4. 18. 2 Where the matter is to be tried by witne●… it seemeth that two witnesses are requisit●… but where the trial is by a jury of twelve m●… there one witness sufficeth, yea there ma●… times no witnesses are requisite, Dalton 12 〈…〉 Plowden 12 a. 3 In all cases where the offence is fou●… upon inquiry, those Iustices have power to ma●… process against the offenders until they ha●… paid the fine, and to deliver them upon payme●… of it, or upon sureties given for it, otherwise 〈…〉 Iustices may not receive the traverse of the●…fenders, Dalton 127. 4 This manner of trial by examination●… offenders or witnesses is not permitted unto●…stices, but only in case where either the Statu●… do generally refer the trial to their discretio●… or else do especially authorize them to take e●…minations. Dalton 20. 126. 5 In all cases where the Iustices of peace m●… hear or determine or punish offenders 〈…〉 their own confession or witnesses, there the●…stices may grant out their warrants against 〈…〉 offenders to appear before them to answer 〈…〉 their offences, and may thereupon proceed 〈…〉 determine the offence, Dalton 127. 6 A Iustice of peace cannot bind over a●… offender against a penal law to answer his ●… ault, Lamb. 187 but he must be first indicted, Lamb. 188. Stat. 1. E 6. 1. 7 An Infant is bound by every Statute-law ●… f he be not excepted in the act. Therfore fines ●… ar not them, Quia tiels sont except per le Stat. Dyer 104. 8 Whe●efore the Iustice of peace hath power given him by any Statute to bind over any man or to cause a man to do any thing, and if such ●… erson being in his presence shall refuse to be ●… ound or to do such thing, it seemeth such ju●… 'tice may sand such person to the Goal there ●… o remain until he shall perform the same, Dal●… on 207. 9 All the Articles within the Commission ●… f the peace are both enquirable and determi●… able at any special Sessions indifferently without adding general or special. Lam 624. 10 This word King doth include his Suc●… essors, for the King doth not die in respect ●… f his politic body, Co. lib. 6 fol. 27. Cases of Souldiers. 11 Whereas some Statutes do enable ●… ustices of peace to hear and determine by ●… he general word Examination, without ●… hewing of what person it seemeth that they ●… ay ex●mine the parties as other witnesses, Lamb. 535, 536. And these examinations ought always to be upon oath, because the trial thereof dependeth upon them Lamb. 536. Justice. Penalty. 1   innkeepers, Alehouse-keepers or Victuallers, selling less than a quart for a penny. Stat. 1. Jac. 9. One witness or view. Five shillings to be levied by distress and sale after 6. days, and for want of distress to be committed, &c. and disabled to keep any Alehouse by Stat. 2●. Jac. 7. If the Constable shall not levy this penalty, or shall not certify the warrant of distress within 20 dayes, to forfeit forty shillings. 2   innkeepers, Alehouse-keepers or Victuallers, suffering any of the same parish to continue tippling in their houses. 1. Jac. 9. 21. Jac. 7. One witness or view. Ten shillings to be levied by distress, ut supra, disabled, ut supra. Constable neglecting, to be punished, ut supra. 3   If any Inn-keeper, Victualler or Taverner, suffer any where soever his habitation be, to continue tippling in his house, 1. Jac. 9. ●0. 1 Car. 4. To tiple. Two witnesses, or view. Ten shillings to be levied by distress, and for want of satisfaction within six days to be sold, restoring the overplus: And for want of distress to be committed until payment. 4   Drunkards. 4. Jac. 5. 21. Jac. 7. One witness, or view. Five shillings to the poor to be levied by distress, and for want of distress to sit in the stocks six houres, to be boun● inten pound for his good behaviour: If the Constable levy it not, he forfeits ten shillings to the poor. 5   townsmen tippling in any Alehouse or Victualling house, 4. Jac. 5. One witness or view. Three shillings to be levied by distress &c. or to fit in stocks for 4 houres, and the Alehouse keeper disabled for three years, 21. Jac. 7. 6   Finding any flesh dressed in any victualling house in time of Lent. 1. Jac. 29. Vpon view. seize it and give it to the poor. 7   Offenders in forcible entries, 5. R. 2. 7. 15. R. 2. 2 8. H 6. 9. 31 Elis. 11. 21. Jac. 18. Vpon view only. Imprison and fine them, remove the force, and deliver them upon pledges for the fine 8.   Make restitution of possession unto tenants for term of years by copy of Court rol, &c. In case of forcible entries. 21. Jac. 15.   9   Inquire of Scherifs defaults in not returning sufficient jurors to inquire of forcible entries, 8. H. 6. 9. By Indictment. Fine twenty pound. 10   Keepers of Play-houses and unlawfvll games. 33. H. 8. 9. Vpon view. Imprisonment until he be bound to keep no more. 11   Such as play in such houses, 33. H. 8. 9. Vpon view. Imprisonment until he be bound to play no more. 12   Players at unlawful games, 33. H. 9. Imprisonment, ut supra, 13   Such as m●et and assemble out of their own parish on the Lo●ds day for any sport whatsoever, or in their own parish, 1. Car. 18. One witness or view, ☍ Three shillings four pence to the poor of the p●●●sh where the offence, &c. to be levied by distress, or else to fit in the stocks 3 houres, and to be questioned within a month after the offence done. 14   certify the names of such as absent themselves from Church one year into the Kings Bench, 17. Elis. To be bound in the Kings Bench in two hundred pound: and quaere if he refuse to go to Church a year after, if he forfeit not his bond, Dalt. 163. 126. 15 Such as go not to Church upon sundays and holy days, 1. Elis. 2. 3. Jac. 4. One witness. Twelve pence for every fault, and for want of distress to bee committed till payment. 16   Such ●s disturb any Preacher allowed, in his Sermon &c. 1 Mar. Sess. 2. c. 3. or rescue any offende●. Two witnesses or confession. If he be found guilty upon examination within six days to be committed for three months. 17   A Iustice of peace must within 14 dayes after the discovery of any Agnus Dei, crosses &c. declare the same to some of the privy Counsel. 13 Elis. 2. Praemunire. 18   Take the submission of any Iesuite or Priest in writing, within 3 dayes of his landing, and give him the oath of Supremacy, 27. Elis 1. And certify the oath and submission into the Chancery, upon pain of an hundred pound within 3. months. 19   Require any seditious Sectary, if he shall not conform within three moneths after his conviction, to comform; and in default thereof require him to abjure the Realm, 35. Elis. 1. ☍. felony if he shall refuse to abjure, but the abjuration must be in open Sessions. 20   Require any Popish Recusant above 16 yeares which travel without licence five miles from home, if he be not worth 20 marks free-hold per annum, or 40 pound in goods, to abjure. If he will not comform within 3. moneths, then require him to abjure, and certify the abjuration at the next assizes, and if he then refuse to abjure, it is felony without Clergy, Lam. 557. 21   Such as swear, proved within ten dayes, 21. Jac. 20. ☍. Twelve pence to be levied, &c. or to sit in the stocks 3 houres; if under 12 years to be whipped by the Parents or Constable 22   Command hue and cry after felons, Stat. March. Anno. 13. Elis. 1. set wttches between the Feast of Ascension and Michaelmas, ibid. cause highways to be in larged, ib. choose two Constables in every Hundred, ibid. require Constable● to present such as lodge any strangers in upland towns, for whom they will not answer, ibid But quaere if they shal receive them to house before nine of the clock. To be fined upon Inquiry. Tamen quaere, for one Iustice of peace cannot take any Inquisition where power is not given him by Statute as the book is, 17. E. 4 fol. 16. 23   To inform some of the Privy counsel within twenty eight dayes after discovery of any Iesuites, &c. and to take a note thereof under their hand, 27. Elis. 2. Two hundred marks. 24   If any above eighteen yeers stand presented or indicted for not coming to Church, or if the Minister, &c. shall complain of any suspicion ●. Jac. 6. Require him to take the oath of Allegiance, if he refuse, commit him until the next Sessions or assizes. 25   If any suspected to be a Iesuite or Priest refuse to answer whether he be or not, 35. Elis. 2. To be committed without bail till he answer directly. 26   To take informa●… ion of him which ●… hall give notice of mass to be said, ●… ithin three dayes ●… fter the offence, 3. ●… ac. 5.   27   Persons riding ●… med, Stat. North●… amptoniae. 2 E. 3. 5. Vpon view, Dal●… ● 30. Their armor is lost, and they to be imprisoned during the Kings pleasure. To wear a coat of mail secretly, Poult. de pac fol. 3 § 8. Or to carry dags or pistols, Col. 5 fol. 71 S. Johns Case. Iustices of peace may command weapons to be taken from such as are brough●… before them, Dall. 30 Or may inquire or prise their armor by a jury, Lam. 169, 171 182. 28   Trespassours in Orchards, Wood, Corn, &c 43. Elis. 7. One witness. To give satisfaction or to be whipped. 29   Offenders in making of tile, 17. E. 4. 5. By indictment or witness as he pleaseth. For every hundre●… of plain tiles, 5 shill●… For every hundre●… of roof-tyles 6 shillings eight pence. For every hundre●… of gutter-tyle, tw●… shillings. 30   Having tenters for Cloth, 39. Eliz. 20. 43. Eli. 10. ☍. 4. Jac. 2. 21. Jac. 18. ☍. A Iustice of pea●… or head Constable, may upon view deface them, 43. Elis. He may sell them, and give the money to the poor. 31   No Fair or Market to bee kept in Church or Churchyard, Winchest. 13. E. 1 To bee fined in Sessions. 32   Souldiers purloining horses, harness or armor, 2. & 3. E. 6. 2. Commitment, until he make satisfaction. 33 If any horse be stolen and sold in open Market, the owner and his Executours may within six months after such horse is stolen, make claim before a Iustice of peace, so as proof be made 40 dayes after by 2 wit●esses upon oath before such Iustice, and such sale taketh not away the property of the horse, but the party may have his horse again upon payment of so much as the party which bought him shall depose he cost him, 31. Elis. 12. 34   Sheriffes for entering of more plaints than of one for one cause, or if the plaintiff put not in security to prosecute his action, 11. H. 7. 15. By examination of their clerks and pleas. four revilings for every plaint, and the Iustice of peace must certify into the Exchequer the examination upon pain of forty revilings. process as in trespass. 35   Sheriffs Bailiffs, for not warning the Defendant in County Courts, 11. H. 7. 17. bailiffs may bee convicted upon their examination. forty shillings for every offence: process, ut supra. 36   Bailiffs gathering the Sheriffs amercements before they are examined by two Iustices of the peace, or if the Bailiffs be not sworn, or shall take more than is estreated, 11. H. 7. 15. Vpon view. forty shillings for every offence: process, ut supra. 37   He that shooteth at any thing at large, except it be within 5. miles of the sea, 33. H. 8. 6. Ten pound, and imprisonment until payment. 38   Persons suspected to be robers, and taken by the watch, 5. E. 3. 14. To be committed until the assizes, or to be bound to their good behaviour, 34. E. 3. 2. 39   To put in overseers and conservatours of Rivers, and swear them.   40   Such as talk Salmons between the seventh of September and the eleventh of November, or at Mil-pools from mid-Aprill to Midsummer, Westm. 2. Anno 13 E. 1. 46: 13. R. 2. 2. Vpon view or indictment by 17. R. 2. 9. Burn the nets, imprison them a quarter of a year. 41   Such as use nets, by which the Fry of fish may be destroyed, 13. R. 2. 19. Vpon view or inquiry by R. 2. 9. Burnt the nets, ut supra. 42   Such as fish within five miles of the sea with any drawnet under three inches mesh and one inch and a half from knot to knot, 13. Jac. 12. Forfeit the net, and ten revilings to be levied by distress. Quaere how to bee convict by witnesses, or in Sessions. 43   If a servant shall go out of a town to serve in another, without a testimonial, 5. Elis. 4. Imprisonment till he procure a testimonial, which if he shall not within one and twenty dayes, he is to be punished as a vagrant. 44   If any be required to serve as an apprentice, and shall refuse, being betwixt sixteen and nineteen yeares old, 5. Elis. 4. To be committed until he will serve. 45   Cause Artificers and other persons able to labour, to work at hay and corn in harvest, 5. Elis. 4. Imprisonment in stocks two dayes and a night by the Constable, upon pain of fourthy revilings to be recovered in Sessions. 46 Give licence under his hand and seal to any that will travel from one County to another for work in Inning of Harvest-worke, 5. Elis. 4. 47 Allow the cause of putting away of any servant, but not of an apprentice, 5. Elis. 4. Dalton, 60. 48   Examine such as take Pheasants and Partridges in the night, or hawk in cared corn, 23. E. 10. Bind them over until the next Sessions, or commit them until they pay. 49 To take recognisance of such as take Pheasants with setting-dogs and nets, and return it next quarter Sessions, 7. Jac. 11. 8. 50 Estreat into the Exchequer the forfeitures of such as are convicted before him for shooting in Crossebows and Guns, 33. H. 8. 6. 51   certify unto the Sessions the offenders presented unto him against the Statutes for amendment of high-ways, 2. & 3. Ph. & Mar. 8. 5. Elis. 13. 18. Elis. 9. The Iustice of peace forfeiteth five pound, the Churchwardens forty shall. if he certifies not the Iustice. 52   Present the Constable and Churchwardens to the quarter-Sessions, if they do not yearly the tuesday or wednesday in Easterweek call together the Parishioners, and choose surveyors for the amendment of highways, 5. Elis. 13. And in the quarter Sessions to bee fined for their default or neglect. 53   Every houshold-Cottager to work, or sand some sufficient labourer to work every of the said dayes eight houres. To be fined in quarter Sessions upon presentment of any Iustice, &c. 54   Hedges and ditches next any high way must be from time to time diked and kept low, and repaired by the owners of the ground, 5. Elis. 13. Dalton, 52. Present it at the quarter Sessions, where they are fined for it, 55   If any chosen to be a surveyor shall refuse the execution of the Office, 5. Elis. 13. To present him at &c. ut supra. 56   If surveyors of highways do not within one month present offences committed against the Statute for amendment of highways to the next Iustice, 5. Elis. 13. To bee presented and fined, ut supra. 57   If the Bailiff or his high-Constable shall not levy amercecements, &c. for not mending high-ways, and not make a true account or payment of sums levied to the Constable and Church wardens of the Parish, or if he have not employed the same upon the highways of the Parish, 5. Elis. 13. Present the same to the quarter-Sessions. 58   Wandring rogues, 39. E. 4 8. To bee whipped and sent to the place of their birth, if the Constable do not punish them, he forfeits ten revilings. 59   Such as will not do their appointed work by the Overseers of the poor, 43. Elis. 28. Bridewell. 60   Such as refuse to bear the charge of their commitments to the Gaol, 3. Jac. 10. ☍. levy it of their goods by distress and sale. 61   Give testimonial of the landing of Souldiers and Mariuers under his hand, setting down the place of his landing, & the place to which he is to pass, 39. Elis. 4. ☍. he may beg. If he exceed the time limited in his pass 14, or if he have a forget pass knowing of the same, it i●… felony, except he be sick. 62   If no tax be made for hospitality by the Parishioners, Church wardens and Constables, one Justice of peace near the place may make it, 43. Elis. 21 ☍ And levy it be distress, and fo●… want of distress, commit the party no●… paying without bail, until, &c If they make any tax, they may levy themselves without any other warrant. 63 The like order is to be taken concerning the assessing for Souldiers and Mariners, 4 Elis. 38. 64   In default of the Church wardens and the Parishioners towards the relief of the disabled soldier, to tax the Parish for their relief till the next quarter-Sessions 43. Elis. 3. 8. 17. 8. Church wardens may levy it without any warrant if they make a rate, else he must levy it himself. 65   Ioyn with the clerk of the peace in taking and enrolling deeds of bargain and sale, acknowledged before them within six months, 2. 7. H. 8. 16. Fees for land under forty shillings per annum, two shall. viz one shilling to the Iustice, and one shilling to the clerk: If above fourthly shillings, five; two shillings six pence to the Iustice, and two shall. six pence to the clerk. 66 Ioyn with the Customer in certifying of the unlading and selling of Corn and cattle, and carried from the one place of the Realm to another, to the Custom where it was laden 5 E. 6. 14. 13. Elis. 25. 67   Trnsporters of Corn, Malt, Beer, Butter, Cheese, or Wood into any place beyond the Seas, 1. & 2. Ph. & Mar. By inquiry and examination of the Master & Mariners. See 21. Ja. 28. altered. The owner of the Ship, forfeiteth his Ship knowing the same, 5. Elis. 5. The owner of the Corn doth forfeit double the value: the Master and Mariners do forfeit their goods, and imprisonment one year. 68   Examine the servants and workmen of Dyers upon oath, if they use any Logwood, and bind them to the next Sessions, and bind over the examinants, 39. Elis. 11. Who upon conviction in the Sessions are to bee set on the Pillory, and fined 20 pound. 69   To take the examination of such as are brought before him for felony, manslaughter, o● suspicion thereof, with the information of those that bring him, and to put the same in writing, 2. & 3. Ph. & Mar. 10. Fined by the Iustices of the Gaol-delivery. 70   Let to bail any imprisoned in the common Gaol, if it be not for felony, or any higher offence or bail, forbidden by any special Statute, 3. H. 7. Dalt. 33.   71   Such as are accused for reporting false news contrary to West. 1. cap. 34 & 2. R. 2. c. 5 within three months after the offence committed, 1, & 2. Ph. & Mar. Elis, 2. see 150. 13. To be committed to prison until he shall bring forth his Author: quaere; for the Act of Mar. was repealed, so long time as Queen Elixabeth lived, by Statute, ●6. Elis. 2. 72   Such as shall advisedly publish any false prophesy, 5. Elis. 15. Dalt. 7. 8 By inquiry. Imprisonment one year without bail and to forfeit ten pound. 73   If any deceitful malt be made to be sold or mingled, 2. E 6. 10 8 27 E. 6. 14. 21. Jac. 28. Vpon view or information. The Constable may sell it with the advice of a Iustice of peace: 74   If any shall misuse his servant, and will not be ordered by a Iustice of peace, 5. Elis. 4. Take bond of his Master for his appearance at the next quarter-Sessions, and if he refuse to bee bound, commit him. 75   Common-labourers refusing to work for such wages as are taxed in Sessions, 39. Elis. 4. 8. Judges Resolution 7. Rogues to be sent to Bridewell. ●he power of two Justices of peace out of Sessions. 76   Clothiers and o●… ers refusing to pay ●… ages assessed in the ●… ster Sessions, 1. ●… c. 6 8. Quorum unus; Two witnesses. Ten shillings to be levied by distress. 77   If any put in any ●… cks or thrums in ●… broad Cloth, 21: ●… c. 18. ☍. Two witnesses, or ●… nfession. Five pound to be levied by distress, for want of distress to be committed. 78   Appoint overseers Cloth in Towns ●… corporate, and ●… ar them. 3. E. 6. 2. Elis. 20. 31. Elis. 8. If any refuse to be overseer, he forfeiteth 40 skill. and is to bee committed till payment; and if they do not search once every quarter, they forfeit ten pound by 3. E. 6 2 79   Charge Overseers for cloth in Towns not corporate upon their oaths and bind them in recognisances of forty pound to do their endeavour to discover the fraud, 39. Elis. Dalton, 35. If any refuse to●… bound or appear n●… he forfeits 5 poun●… and commitment t●… payment: And if I●…stices of the peace 〈…〉 not appoint Ove●…seers, they forfeit. 80   Vpon complaint of Overseers for cloth, appointed to call by warrant any person before them and to examine them upon oath for discovery of any offence. Against 21. J●… 18. ☍. 81   Carders, Weavers, Sorters & Spinners, imbesiling wool or yarn, 7. Jac. 7. One witness. Give satisfaction or to be stocked an●… whipped, and likewi●… their receivers knowing the same. 82   Persons restrained from maulting, 39. Elis. 16. ☍. Two witness or confession. Commitment three dayes without bail, and thenceforth till he be bound in forty pound by recognisance to obey such order of restraint. 83   Takers of Pheasants, Partridges, &c. 7. Jac. 11. ☍. One witness. After his conviction before two Iustices of the peace, one Iustice may bind him by recognisance in twenty pound, not to kill or destroy any Pheasant or Partridge thenceforth; the punishment being commitment 3 monets, or to pay twenty revilings for every one. 84   Such as destroy Pheasants, Partridges, &c. by guns, bows, &c. 1. Jac. 27. ☍. Two witnesses, or confession. Commitment 3 months, unless he pay forthwith to the Church-wardens 20 shillings for every Fowl, and enter recognisance in 20 pound after one months commitment to kill no more. 85   None may keep any greyhound, or dog to take Partridges, unless he have tenpound Inheritance, or thirty pound per annum for life, or goods worth 3 hundred pound, 1. Jac. 27. Imprisonment, ut supra; or forty shillings to the poor. 86   Give warrants to the Constables and Tithing-men, to search the houses of persons suspected for setting-dogs, and nets, other then such as have forty pound per annum, or fourscore pound lease; or else are worth four hundred pound in goods, 7. Jac. 11 Keep such as they find to their own use. 87   Such as hawk between the first of July, and last of August, 7. Jac. 11. Two witnesses. Commitment 3 months, unless they pay 40 shillings fore-very hawking, and twenty shillings for every Pheasant, &c. 88   Such as use or have any guns or bows, &c. to kill dear and Conies, or keep hays, pursnets Ferrets or Cony-dogs, unless they have 40 pound Inheritance per annum, or be worth two hundred pound in goods, or have war nor ground enclosed, the profit whereof is worth 40 shillings per annum, 3 Jac. 13. He that hath a 100 pound per annum, may take and keep them to his own use; other offences are to be puhished in Sessions. 89   Defaults of Officers touching weights and measures, 11. H. 7. 4. Quorum unus. Inquiry or examination. Fine. 90   Set fines upon such as shall buy and sell with weights and measures unsealed, 11 H. 7. 4. Vpon examination or inquiry. The first time six shillings eight pence. The second, thirteen shillings four pence. The third, twenty shillings and pillory. 91   Such as disturb any Preacher licenced, 1: Mar. 13. Two witnesses. If any rescue such. Commitment three months, and further to be bound to appear at the Sessions. Commitment three months, and to forfeit ten pound. 92   Require any that is convict or indicted for not coming to Church, or hath not received the Sacrament twice the year past, or any unknown person passing through the County, who being examined upon oath, confesseth himself to be a Recusant, to take the oath of Allegiance, 3. Ja. 4 Quorum unus. If he refuse to take the oath, to be committed until the next Sessions or assizes 93   Require the oath of Allegiance of any above 18 yeares under the degree of a Baron Jac. 6. Quorum unus. If he refuse to take it, to be committed without bail until, &c. 94   Search the house of any Popish Recusant convict for popish Books and relics, or whose wife is a Recusant, convict, 3. Jac. 5. To burn such Books and relics: If it be a Crucifix or relic of price, it is to be defaced in the open Sessions, and then to be restored to them again. 95   Such married woman as is a convict Recusant, 7. Jac. 6. Quorum unus. If she comform not within 3 months, to be committed until, &c. unless her husband will pay ten pound monthly, or the third part of his lands. 96   To take the submission of any person reconciled to the Bishop of Rome within six dayes after his return, and give him the oath of Supremacy and Allegiance, and certify the same to the next Sessions, 3. Jac. 4. forty pound if they do not certify the same at the next Sessions. 97   Examine any unknown person whether he be a Priest, or a Iesuite, 35. Elis. 2. If he refuse to answer directly, he is to be committed until, &c. 98   Take the oath of Allegiance of such as have charge of Castles, Forts, or Garrisons; or of Captains having guard of souldiers within the Realm, 7. Jac. 6. Quorum unus. forty pound if they do not certify the same at the next Sessions. 99   Putting such poor out of their parishes, as are not to be put out, 39. Elis. 4. ☍. Quorum unus. Two witnesses ●r confession. Five pound, and be bound to the good behaviour. 100   Defaults of Overseers, 43. Elis. 2. ☍. Quorum unus. Two witnesses. Twenty shillings for every months neglect; and if they refuse to give an account, commmit them. 101   Such as run away, and leave their families upon the parish, 7. Jac. 4. ☍. Incorrigibles rogues. Such as threaten to run away, by the same Statute. To be sent to the house of correction, unless they put in security to discharge the parish. Such a woman as shal have any bastard-child, which may be chargeable to the parish, by the same Statute. First, Bridwell for a year, but it must be from the privy Sessions. Secondly, Bridwel for a year, and be bound to the good behaviour not to do so again. 102   Make orders for relief of bastards, and ease of the parish; and for the punishment of the reputed father and mother, 18 ●. 3. Quorum unus. It seemeth the mother may be examined upon oath, Dalt. 32. If they perform not the order without appeal and bond given to abide the order of the next Sessions, if they shall there make any, or else to obey the former order, to commit them till, &c. They must be born and begotten, out of lawful matrimony: 103   Give licence to poor people, which shall travel to Bath and Buxton, 39. Elis. ☍. Rogues, if they have no licence. 104   Nominate Overseers for the poor yearly, and within one month after Easter, 43. Elis. 2. ☍. Quorum unus. Five pound forfeited by every Iustice for his neglect. 105   Such as disturb the execution of the Statute against rogues, 39. Elis. 4. Quorum unus. Two witnesses, or confession. Five pound to be levied by distress, & to be bound to the good behaviour. 106   Officers remiss in punishing of Rogues, 39 Elis. 4. ☍. Quorum unus. Two witnesses, or confession. Ten shillings to be levied by distress. 107   Such as apprehended not rogues which beg at their doors, 1. Jac. 7. ☍. Quorum unus. Two witness or confession. Ten shillings to be levied by distress, and if the Constable do not punish such as be brought to him, he forfeiteth twenty shillings. 108 To hear and determine all causes which shall come in question upon the S●atute of Rogues, 39. El●s. 4. ☍. Quorum unus. Two witness, or confession, Lamb 331. 109   Such as give wages contrary to the rates in Easter Sessions; such as hire servants for less then a year: but this extendeth to Artificers and tradesman, and not to others. Imprisonment ten dayes without bail; and he that is retained, one and twenty dayes, and the covenant voided, quaere how to be convicted. Such as retain servants departed out of any services without showing a testimonial of their departure, 5. Elis. 4. Dalton, 61. Quorum unus. Five pound to be recovered in the Sessions. 110   He that putteth away his servant at the end of his term without a quarters warning. forty shillings in quarter-Sessions. 111   No Artificer or Labourer may depart from the retainer, until his work be finished, if the retainer will have him so long, and pay him his wages, 5. El●s. 4. Quorum unus. Imprisonment one month, and forfeit 5 pound to the party; who may bring an action of debt for the same, in the Sessions of the peace. 112   If any servant make an assault upon his Master, or such other as shall have the oversight of him, 5. El's. 4. Quorum unus. Two witnesses, or confession. Imprisonment one year, or else in their discretion, or other punishment as the Iustice in Sessions shall think fit, except loss of life or member. 113   Appoint any woman betwee sixteen and forty years, being out of service, and unmarried, to serve by the year, day month, &c. for such wages as they think fit, 5. Elis. 4. Quorum unus. If she refuse to serve, to be committed until, &c. 114   Remove the common selling of Ale and beer, and if any sell without licence, or after he is prohibited, 5 E. 6. Quorum unus. Commitment fo●… three dayes, and t●… pay twenty shillings fine, which is to be set upon him in ope●… Sessions, Quaere if this latter clause must be upon iniquriy. 115   Tax the County within 5 miles of any Town infected with the plague, towards their weekly relief, 1. Jac. 31. ☍. To be levied by distress and sale, and for want of distress, to be committed until this tax be certified at the next quarter Sessions. 116   Officers refusing to collect such rates made for the relif of such persons infected 1. Jac. 31. ☍ Ten shillings for every offence. 117   Appoint searchers, watchman and keepers of persons infected with the plague, and swear them, 1. Jac. 31. ☍ If any go abroad after restraint, having an infectious sore upon him uncured, it is felony; if he have no sore upon him, he is to be punished as a vagrant by, 39. Elis. 4. and bound to the behaviour one whole year, or commitment. ●18   If any refuse to obey the sentence of an Ecclesiastical judge in case of tithes, 22. H. 8. 7. 27. H. 8. 20, 27. Elis. 11. Commitment until he shall stand to such order. 119 Assese Towns and the hundred, for the levying of money lost in Robberies, 27. Elis. 13. Quorum unus. 120 Appoint what fisher-men shall be for Mariners, 5. Elis. 5. ☍. 121   Punish Rioters, 13. H. 4. 7. 2. H. 5. 8. 8, H. 6. 14. 19. H. 7. 13. By indictment. Fine and imprisonment. 122   Such as escape taxations at Subsidies, Acts of Parliaments, 21. Jac. 9. pag. 22. Charged double, and to be punished at the discretion of the Iustices. 123   Bail such prisoners as are committed for manslaughter, felony or suspicion thereof, 1. & 2. Ph. & Mar. 13. Quorum unus; Fined by the Iustices of gaol-delivery. 124 Bail such as come into prison by process of he Sessions made upon penal Statutes, nor ●… orbidding bail, Lamb. pag. 348. 125   Ioyn with the Bi●… hops Chancelours ●… n taking accounts of ●… ache as have the col●… ection of money, ●… d revenues be nging to any hospitals 14. Elis. 5. ♓. 39. Elis. 18. ♓. By Statute, 2. H. 5. cap. 1. the Ordinary may inquire and punish by censures and Laws of the holy Church without any other to assist him, if it be any hospital which is not of the Kings foundation: i●… it be, he must have a Commission to inquire. 126   Take order for setting on work such Souldiers or Mariners as do come from the seas, if they cannot get work where they live, 39. Elis. 17. ☍. And for want of work they may ta●… the whole hundred for his relief, until he cant get work. 127 Divide the fourth part of a wood, being appointed by the Sessions upon complaint o●… the Lord, 35. H. 8. 17. 13. Elis. 128   Overlook Sheriffs books and amercements to seal the Indentures of his estates, being appointed by the Custos Rotulorum, or the eldest Iustice of the Quorum. 11 H. 5. 5. Quorum unus. If he impannel●… any jury before h●… be sworn, he forfeit●… forty pound. 129 Swear the under-Sheriffe, and give him the oath of Supremacy, and the oath for true execution of his Office, 27. Elis. 12. Quorum unus. 130 Burn all such Logwood as they shall find in any mans custody, 23. Elis. 9. 131   pinned to the S●ssions ●uch as shall get into their hands any money, or o●he● thing, by colour of any false tokens or ●… etters in other mens names. 33 H 8. Quorum unus. Vpon conviction he ●● to be set upon ●he pillory, or have any other c●rporall pain except death. 132   Convent bailiffs, ●… ead Constables, ●… 'pon complaint of Church-wardens, ●… aving catreats for collecting of fines, and take account betwixt the first of March and the last of April, and compel them to pay all the arrearages for the Constables and Churchwardens, 2 & 3. Ph. & M. 8. 5. Elis. 15. Quorum unus. Imprison them until they have paid t●e same. 133   assess fines upon the Constables if they appear not at the petty Sessions, or give not account upon oath under the Ministers hand of all rogues apprehended in the search; or since the last Sessions, 7, Jac: 4. ☍. Dalt. 103. Any fine under 4●… shillings. 134   To grant a precept to the sheriff within ten dayes after the commitment of any one sent to prison for speaking false News contrary to the Statute, 3. E. 3. 84. 2. R 2. 5. Quaere if the S●…tute be in force, 〈…〉 the words are very doubtful for the continuance. 135   He that shall sell or buy any dear, Hare, Partridge or Pheasant, 1. Jac. 27. By indictment. Twenty shillings for every one. 136 Make certificat for an Apprentice, that his Parents may dispend forty shillings per annum, 5. Elis. 4. 137   Take information by two witnesses, against such as deprave the Sacrament of the Lords Supper, E. 6. 1 1. Elis 1. Bind over the accu●ers at the Sessions. 138   Licence Drovers, and Badgers, and such as transport corn and cattle from one Port to another, 5. E. 6. 14. This Licence must be granted in the quarter-Sessions, by 5 Elis 13. exept corn be undervalued, 21, Jac. 28. 139 Ioyn with the Lieutenant or Bishop in licensing of of a confined Recusant to travel about his business, 35. Elis. 2. 3. Jac. 5. 140 Make taxes for reparation of decayed bridge● 22 H. 8. 5. Quorum unus. 141   Give order for t●king aw●y armor from popish Recusants being convicted, 3. Ja. 5 This order must be made in the Sessions. 142   Breaking the heads of pounds, parks, Hawks eggs, &c. 5. Elis. 21. Three monts imprisonment, and behaviour. 143   Tracing of Hares, 24. H. 8. 10. Six shillings eigh●… pence for ever● one. 144   usury, 13. Elis. 8, 27 Elis. 11. 21. Jac. triple value and fine, &c. 145   Forestaling, 5. E. 6 14. 5. El●s 2. 13. Elis. 25.   146   Buying of hides out of any market. Six shillings eight pence for every hid. Felonies examinable or inquirable before the Justice of peace by Statutes. 147   extoling of foreign power, 1 Elis. 1. Absolving from natural obedience 23 Elis 1. Instrument of reconciliation, 13. Elis. 2. Treasons. 148   Going over Sea to serve a fore●n Prince without taking the oath, or entering into bond according to, 3. Jac. 4. Felony. 149   Embesiling habiliments of war or victuals, 31. E. 4. Felony. 150   Conjuring, or witchcraft, 1. Jac. 212 Buggery with a beast, 25. H. 6. No Clergy. 151   Receiving Iesuites and Seminaries, 27. Elis. 2. Felony. 152   Sectaries refusing to abjure, or returning after it, 35. Elis. 1. and see of Popish Recusants, 35. Elis. 2. Felony. 153   Multiplication of gold and silver, 5. H. 4. 4. Felony. 154   Causing Masons to congregate in chapters, 3. H. 6. Felony. 155   Departing of Souldiers and Mariners, 7. H. 7. 1. 3. H. 8. 5. No Clergy. 156   Transporting of Sheep beyond the Seas, 8, Elis 3. Felony. 157   Infected with the plague going abroad, 1. Jac. 13. Felony. 158   Egyptians, and like counterfeits, 1. & 2. Ph. & Ma. 5. Elis 5. No Clergy. 159   Rogues, wandering Mariners, and Souldiers, 39, El●s. 4. &. 7. Jac. 7. No Clergy. 160   Breach of prison, rescues and escape, 1. E. 2. Felony. 161   purveyors, 5. E. 3 1. Felony. 162   G●oler compelling their prisoners, 24. E. 3. 10. Felony. 163   Cutting out of tongues, 5. H 4. 5. Felony. 164   Buggery with mankind, 15. H. 8. 6. No Clergy. 165   Taking away of women, 3. H. 7. 2. No Clergy. 166   carnal knowledge of an Infant under ten years, 18. Elis. 6. No Clergy. 167   Marrying a second wife or husband, the first living, 1 Jac. 21. Rape, Westmin. 2. 13. E. 1. 34. No Clergy. 168   Burglary, robbing of a booth or tent, 39. El●s. 15. No Clergy. 169   Burning of houses ' 13. H. 8. 1 Cutting or picking of purses, 8. Elis. 4. No Clergy. 170   If any Sea watches have not been made upon Sea coasts, 5. H. 4. 3. Fine. 171   Rate wages of servants, &c. 5. Elis. 4. 39 Elis. 12. 1. Jac. 6.   172   Gaol money, 14 Elis. 5. 43. Elis. 2.   173   Take account of Treasurers for Souldiers, 43, Elis. 3.   View under sheriffs books by appointment of Custos Rotulorum, 11. H. 7. 15.   174   Refusing to take the oath of supremacy, 1. Elis. 2. 13. Elis. 2. A praemunire. 175   Knowing any to be absolved, and not disclosing it within 20 dayes, 25. Elis. 1. Misprision of Treason. 176   Hearing of mass, 23. Elis. 1. One hundred marks 177   False prophesies, 5 El●s. 15. Ten pound, and one years imprisonment. 178   Perjury, 5 Elis 9. & 14. Elis. 11 & deabled for a witness. Half a years imprisonment, and pillory 179   Disturb any Preacher, 1. M. 3. Three months imprisonment and behaviour. 180   Deprave the Sacrament, 1. El●s. 1. Imprisonment and fine. 181   Interrupt any in saying prayers, or in administration of the Sacrament, 23. Elis. 1. One hundred marks 182   Fighting in Church or Church-yards, 5. ●. 6. 4. Loose one of his e●es. 183   Robbing houses by day, 39. Elis. 15. Felony. 184   purveyors, 28. E. 1. 2. Felony. 185   Hawks, 34. E. 3. 22. Felony. 186   Servants imbezling goo●s above forty shillin●s, 21. H. 7. 5. Elis. 10. Felony. 187   Hunting by nigh in Parks or Warrens, 1. H. 7. Felony. 188   extortion by Escheatours, 23. H. 6. 17. 33. H. 8. 22. Forfeited forty pound. 189   Fees for arrests, 23. H. 6. 10. Forfeit 40 pound, and triple dammage●… 190   Fees to return addition of jurours. Five marks to th●… King, and five to th●… party. 191   Gaolers denying to receive prisoners, 4. E. 3. Ten pound fine 192   Coroner refusing to do his office. forty shillings. 193   excess of fees, 3. H. 7. 1.   194   clerk of the market taking fees to dispense with faults. forty pound, 〈…〉 pound, twenty pou●… 195   Constables and Churchwardens not presenting Recusants 3. Jac. 4. Forfeit forty shillings. 196   Informers, compounding offences without leave, 18. Elis. 5. 27. Elis. 10. Ten pound and pillory. 197   Not pursuing hue and cry, 3. E. 1. 9. West. & Winchest. 13. Fine. 198   Negligent escapes of felons, 1. R. 3. 3. Fine. 199   Iurours taking money to present. Imprisonment and ransom. 200   Liveries, 1. H. 4. 7. 2. H. 4. 22. 8. E. 4. 2. Imprisonment fine, &c. five pound to the informer. 201   Affirming not eating of flesh is necessary u●to salvation, 5. Elis. 5. Imprisonment. 202   Killing Calves, &c. under two years of age, 24. H. 8. 9. 1. Jac. 22. Six shillings eight pence. 203   Transporting of sheep, 8. Elis 3. Lose his goods and left-hand. 204   inn keepers, &c. selling flesh in Lent, or upon fish dayes, 5. Elis. 5. Five pound, or impri●onment 10. dayes. If any eat flesh, 27. Elis. 11. 1 Jac. 29. 2. E. 6. 19. 33. Elis 7. Twenty shillings, or im●risonment one month. 205   Pewterers selling brass or pewter out of Fairs, Markets or Shops into any private house, 19. H. 7. 6. 4 H. 8. 7.   206   If one deliver goods to another to keep, and after the owner ●… aches them away fe●… omously, to the in●… ent to recover damages by detinue, ●●ulton, fol. 126. §. 10. 5. H. 7. 18. 13. E. 4. 10. Felony 207 Such inns as have been erected since the making of Statute, 5. E. 6. 23. ought to have licence, and be bound with sureties, as Alehouse-keepers, Dalt. 26. Cr●mp. 77. 208 Common inns are for travellers, & not for neighbours;( the latin word diversorium, quasi se divertens à via, implying so much) and therfore if a neighbour, which is no traveller, at the request of an ostler lodge there, & his goods be stolen, he shall not have an action, &c for the writ is, ad hospitandum homines transeuntes, &c. Co. lib. 8. fol. 32. in Catey's case. 209 If any ostler refuse a guest if he may conveniently lodge him, and his house be not full, the guest may have an action upon the case for refusal, Dyer, 158. or he may compel him to lodge him, 5. E. 4. 2. And yet it seemeth that any innkeeper may refuse to lodge any one after nine of the clock at night, Statute Winch Anno 13. E. 1. 210 If a man come into a Tavern, and will not depart thence again in reasonable time, being req●●red, he doth wrong to the party, 9. E. 4. 3. 211 If an innkeeper suffer any not being travellers to be usually tippling in his house, such an innkeeper may be accounted an Alehouse-keeper, and may be bound and committed as an Alehouse keeper, Dalt. 266. 212 Common hunters of Alehouses Inns or Taverns may be bound to the good behaviour, especially if they have not whereon to live, Dalt. 161. Stat. 18. E. 6. 2. 213 The trade of Brewer is an Art or mystery, Co. lib. 8 129. and none may brew without a li●… ence, or who hath been apprentice, So●i●'s case. 214 Sheriffs, Bailiffs, Escheatours, Coroners, and their ministers are bound to serve all precepts to them directed from Iustices of the peace without fees, Statut. 1. H. 4. 11. Fitz. Just. fol. 17. b. Westm. 127. Stat. 23: H. 6. 10. alloweth the sheriff twenty ●… ence, the Bailiff for the arrest four pence, and four pence for a bail-bond. 215 But that Statute giveth no new fees to the Sheriffs, but doth kerb him that he do not take excessively, where a fee byprescription may be challenged; but he cannot prescribe because his office is annual, and no office of Inheritance, See 42. E. 3. fol. 4. Brook, title Fees, 18. 216 A Justice of peace was created since the time of memory, and therfore he cannot prescribe for that office, See 34. H. 6. fol. 36. Broo●… prescription, 36. 217 If any man shall contract Matrimony wit●… a woman under sixteen yeares without consent of her Parents or Guardians, fine and imprisonment, Stat. 4. & 5. Ph. & Mar. 218 If any man which is not able or sufficie●… to keep a servant shall retain a servant, such 〈…〉 retainer is void, Dalton, pag. 63. Fitz. N. 〈…〉 168. b. 219 Retaining of a servant without expressing what term shall be for a year, 5. Elis. 4. Dal. 64 220 If a servant refuse to do his service, this is a departure in Law, although he continue still with his master, 3. H. 6. fol. 37. Dalt. 64. 5. Elis. 4 two Iustices of peace may commit him. 221 If the Master shall detain from his servant his wages, meat or drink, this is a good cause of departing, Fitz. N. B. 168. Dalt. 64. 222 If any retain a servant for forty dayes, and another retain him for a year, the first covenant is void, because it is not according to the Statute, Fitz. N.B. 169. Cr●mpton, 121. b. 223 A woman retained in service doth mary, yet she must serve out her covenant, Crompton, 121. Fitz. N.B. 169. 224 Every person which hath not sufficient land●… to occupy or live upon, or no other Art, i●… compellable to serve, Fitz. N. B. 168. Dalton, 63 for the Law abhorreth idleness. 225 Every Iustice of peace may command vagra●… persons to prison if they will not serve, Dalto●… 63. Fitz. N. B. 168. b. And this is by the Common law, which the Statute doth not restrait 226 No servant may depart from his Master unless for some cause allowed before a Iustic●… of peace, or that he give quarters warning before two witnesses; if he do, then two Iustice may commit him until he shall serve his Master again, 5. Elis. 4. 227 And if he be legally freed from his Master yet he cannot depart out of that parish to li●… as a servant in another, unless he have a testimonial, declaring his lawful departure, 5. E●…is. 4. 228 Nor can he be retained by any other under 5 pound by the retainer, and the servant to be imprisoned until he procure a testimonial of his lawful departure out of that parish, which if he cannot do within 12 dayes, he is to be punished as a vagrant, 6. Elis. 4. and the retaining is voided. 229 An Apprentice to be bound by virtue of Statute, 5. Elis. 4. must be above the age of 10 years ander 18. But it seemeth by Statute, 43. Elis. 2. that Overseers may bind out to be apprentices any which are burdensome to their parents, though within the age of 10 years, if their parents be not able to maintain them: 230 An apprentice cannot be discharged by his Master, except by writing, Dalton, nor bound without deeds; but it seemeth by Statute, 21. Jac. 31. that any man may assign over his apprentice unto another. 231 An Infant, or feme Covert may commit a force, and may be fined: but it seemeth that such fine set upon the wife shall not be levied upon the husband, Dalt. 171. cock. lib. 11: fol. 61. 232 A Iustice of peace may commit and fine such as he shall find, making any force, Dalt. 41 42 but he cannot in any case make restitution without an inquiry by a lury, Dalt. 42, 44, 45. 233 He may take away their weapons, harness and armor, and presently cause them to be prized, and after to be answered to the King as forfeited, or to the value of them, Dalt. 42. 234 But if such offenders, being in the house at the coming of the Iustice, shall make no resistance, nor make show of any force, then the●…stice cannot arrest, or remove them, except in the inquiry a force be found, Dalt. 42. 235 The Iustice ought to make a Record of the force by him viewed, which shal be a sufficient conviction of the offenders; and the parties shall not be allowed to traverse it. And then also he must fine, and that severally, not jointly; and after estreat the same or else certify the Record into the Sessions, and there the offenders may be fined; or into the Kings Bench, which is best of all out of that Court, Dalton, 42, 43. 236 If upon the inquest such forcible holding be found, then the Iustice shall restore the possession of the party outed( but the putting out must of necessity be found, and by express( words) or else he may make his precept to the sheriff to do it, or certify the indictment into the Kings Bench, and leave it to be awarded out of that Court, Dalt 44, 45. 237 A Iustice may make restitution notwithstanding any offer of traverse; but yet upon traverse tendered, the safest way for him seemeth to be to deliver or to certify the presen●ment in the Kings Bench, and so refer the further proceeding therein, Dalt. 45. See Stat. 21. Jac. 238 Vpon payment of the said fine to the Iustices, or upon surety found by recognisance for payment thereof, the Iustice may deliver the offenders out of prison again, Dalton, 45. Lamb. 159. But it is better refer it to the Sessions again. 239 Though the Iustice of peace ought to commit, and may fine all such as he shall see continuing the force at his coming to the place,( yet upon force found by inquiry only, and not viewed or seen by the Iustice) and although the presentment of the jury be a conviction of the offenders, yet it seemeth the Iustice may neither fine nor sent to the gaol the said offenders by Statute, 8. H. 6. which appointed the iniquity: for the Iustice hath power by the said Statute only to make restitution, Dalton, 45. Lamb. 158. 240 If divers come with weapons not usually born by them to an house that is open, or to a ground, and there shall enter peaceably without any disturbance, yet this is a forcible entry: for it shall be intended that they would have used force if they had been resisted, Dalt. 167. Lamb. 143. 421 To enter a house, the door being latched, peaceably, is no force, Dalt. 169. Lamb. 143. 242 In case of forcible Entries, Riots, &c. the offence being found upon iniquity, the Iustices before whom it is found, have authority to make process against the offenders under their own teste, and to commit the offenders, until they have paid the fine, or given surety for it, and to deliver them upon payment of it; and those Iustices may receive the traverse of the parties, Dalt. 127. But whether these may try the traverse out of the Sessions, it is doubtful Dalton, 166. 243 One may commit a force, Dalton, 166. Lamb. 143. Omnes illos dicimus Arma●os, qui habent quocum nocere possunt, Lamb. 104. 244 A forcible Entry cannot he judged against a man without an actual Entry be also made by him, Dalt. 167. Lamb. 141. 245 If a man have a Rent or Common in lands, and he is so forcibly resisted by the Tenant, that he dare neither distrain for the one, not use the benefit of the other; this is a holding with force, punishable by this Statute, Lamb. 146. But this must be understood of the forcible detaining of the possession itself, and not of the person; for that is a false imprisonment. 246 Every force punishable by Iustices of peace must be, either Manu forti, or, cum multitudine; manu forti, viz. with apparent violence in dead or word offered to the person of another, or threatening speeches, or actual violence, or else that they be furnished with offensive weapons by them not usually worn, See Dalt. 166. 247 Any private man may arrest a fellow, and commit him to the common gaol, 20. E. 4. 6. fol 6. Stat. 3. H. 7. cap. 3. 248 If a Iustice of peace hear of any Rioters, he may either alone or with his servants go to the place, and such as he finds riotously assembled and armed, he may arrest to find surety for their good abearing, and may commit them to prison if they refuse to give it, and take their weapons from them, Lamb. 180. 249 If any Riot, assembly, or rout of people, be made against the Law, the Iustices of peace, 3 or 2 of them at least, dwelling most nigh to the place, and the sheriff or under Sheriff of the County, shall come with the power of the County if need be, & shall arrest them: & they have power to record that which they shall find so done in their presence against the Law, Stat 13. H. 4. 7. And by that Record such offenders shall be committed in manner and form as is contained in the Statute for Entries. viz. 15. R. 2. ●. 250 And if such trespasser be departed from thence before their coming, then those Iustices, three or two of them, shall diligently inquire within a month after of such Riot, and thereof shall hear and determine according to the Law of the land. And if the truth may not be found upon inquiry, they are to certify the same within a month, upon pain of a hundred pound, Stat. 13 H. 4. cap. 7. 251 All the Kings people which are able, shall be assistant to the Iustices and the Sheriffs, being reasonably warned, upon pain of imprisonment and fine, 2. H. 5. 8. 252 Rioters must be arrested while the Riot is in committing, or presently after: for the Iustices can make no process upon their Record, if the Rioters escape, but must sand their Record into the Kings Bench, that process may be there made upon it, Poult. fol. 29. §. 29. 253 If they see the Riot, and the Rioters escape, they must Record it, but they cannot make process upon their record, neither ought the Record to be kept amongst the Records of the peace, but sent into the Kings Bench, that process may be there made, Lamb. 235. 254 If the Iustices, Sheriff, &c. do not go to see the Riot, yet may the Iustices inquire of it within a month; and they all are to make certificat within a month after, Lamb. 237. 255 If two Iustices and the sheriff go to see a Riot, and other two Iustices make inquiry, now the one or the other sort of them with the Sheriff or under Sheriff may certify the same, Lamb. 237. 256 If the inquiry be within the month, and the Iustices do give day to the sury to yield their verdict after the month, that is good enough, Lamb. 237. The Iustices in such a case must sand for the Sheriff. Certain Resolutions delivered by the Judges upon the Statute concerning the poor and Rogues. A Rogue affirmeth he was born in such a Town, in such a County, then he ought to be sent thither; and if he were not born there, he is said to be anincorrigible Rogue, and is to be sent thence to the house of Correction; and if there be not a house of Correction in those parts, to the Goal, until the next Sessions, there to be dealt withall according to the Statute. The same course is to be taken if it doth not appear where he was born, or if he untruly affirm that he was last dwelling in such a Town by the space of a year, and was not. If the husband and wife have a house, and the husband and wife do rogue abroad, they ought to be sent to that Town where that house is: and so of an inmate. Quaere for Inmates in some cases are against the Law: I think an Inmate by the appointment of the ●… ustices, 43. Elis. The wife and children under seven years of age, being vagrant, must go and be placed with the husband: if the husband be dead, then the wife where she was born and dwelled, and the vagrant children above seven years of age must be sent to the place of their birth. And if the vagrant parents with their children under 7 years of age be placed at the place of the birth of the parents, or at the place of their last dwelling( as the case shall fall out) if afterwards the parents or either of them die or run away, yet the children once settled, must remain there still, and may not be sent to the place of their birth, though afterwards they grow above the age of seven years. The wife being a vagrant Rogue ought to be sent to the husband, yea though he be but a servant in another town: The Rogue whose place of birth or dwelling cannot be known, & hath wife, and children under seven years of age; they must go with the husband to the place where they were last wilfully suffered to pass without punishment, where the children must be relieved by the work of their Parents, though the Parents be committed to the house of correction. If any not being Rogues shall travel with their children through a town, and their father or mother die or run away, the town where they die is not bound to keep them, nor to sand them away, but only in charity, except they become wandring Rogues. If the Parents be able to work, and may have work, they are to find their children by their labours, and not the Parish: But if they be overburdened with children, it shall be a good way to procure some of them to be bound out apprentices. None is to be put out of the town where he dwelleth, or sent to the place of birth or last dwelling, but only a vagrant rogue. Such are not to be found by the town except th●y be impotent, but ought to set themselves on work if they be able and can get work; if they cannot, then the overseers must set them to work. And so of them which have or shal have houses when their estates be expired, and servants whose time of service is expired, though they cannot get houses, yet they must proved themselves of houses if they be not impotent. Such persons as be of any parish, and have able bodies to work, and be no wanderers abroad out of the parish, though they refuse to work at such rates as are taxed or commonly given in those parts, are not to be sent to the place of their birth or last dwelling by the space of a year, but to the house of correction. But if they have any lawful means to live by, though they be of able bodies, and refuse to work, yet they are not to be sent to the house of correction. Such as will remove or put out of their parish those that are not to be put out, do against the Statute of the poor, and are finable, 39. Elis. 4. If any be sent to the Town where he ought to be sent, and is refused, being a sturdy and impudent Rogue, the parties refusing and the parties refused is to be offered to the Churchwardens and Overseers: To sand Rogues by a general pass without conveying them from Parish to Parish, is a let to the conveying of Rogues, and so a forfeiture of five pound, and to go with such a pass, is but still to continue a Rogue to be punished by whipping. An Abstract of all the Statutes in force against Recusants. THe Statutes against Recusants are, 1 general. 2 special. 1 Touching their Confining. 2 Their Discovery. 3 Their Prevention. Statute 1. E. 6. 12. If any by express words or saying shall affirm that the King is not, nor ought not to be Supreme head on earth of the Church of England, or that the Bishop of Rome, or any other, by the Laws of God ought to be. For the first offence he loseth all his goods and chatels, and to be imprisoned at the Kings pleasure; if it be affirmed by writing, dead of Act, it is high Treason. For words none to be impeached, unless he be questioned within thirty dayes, if the accusers be within the Realm; if they be not, he may be questioned within six months. Secondly, Stat 1. Elis. 1. Any man which is promoted to any spiritual or temporal Office, other than Offices of Inheritance, and refuseth to take the oath of Supremacy, is not to have the same Office within the Realm. If any by preaching, words, or acts, or printing, shall advisedly uphold, maintain or defend the ecclesiastical jurisdiction of any Prince, Prelate or Potentate, heretofore claimed within this Realm, he forfeiteth all his goods and chattels, and if he be not worth twenty pound, he shall besides be imprisoned one year without bail. Thirdly, Stat. 5. El●s. 1. If any person shall by writing, printing or teaching, dead or act, advisedly extol, maintain or defend, the jurisdiction or power of the Bishop of Rome, or of his Sea, heretofore claimed within this Realm; then every such person indicted, or presented within a year after, shall incur a Praemun●re. School-masters, sheriffs, &c. and all other persons which shall be admitted to any ministry or Office, belonging to the Common or any other Law used within this Realm; and all other Officers to any other Court whatsoever, shall before he take such vocation, take hi● corporal oath upon the holy evangelists, before he shall be admitted to exercise any such vocation or service, and that in the open Court, whereunto he shall serve and belong; and before such persons shall have authority by common use to admit him to any such vocation or service, and that in the open Court, viz. first, the oath of Supremacy, 1. Elis. which if he refuse and be presented within one year, he is within a Praemunire: And if any refuse, it must be certified into the Kings Bench within forty dayes, upon pain of an hundred pound. This Act must be published by the Clerk of the Peace at every quarter Sessions. 1. Touching Confining. 1. Stat. 5. Elis. 2. EVery Popish Recusant, above sixteen years of age, shall within forty dayes after his conviction repair to his dwelling house, and shall not remove five miles from thence upon pain of forfeiture of his goods and land for life: and if he have no place of abode to the place of his birth, or place where his father or mother be living, upon like pain: And if he be a Coppy-holder, he forfeited his copyhold to his Lord, he being no Recusant. And after his coming thither, he must signify so much to the Minister, who with the Constable is to Record the same, and certify it to the next Sessions, to be entred by the clerk of the peace: If such Recusant have less than twenty marks by the year, or be not worth forty pound in goods, and shall not repair to the place of his dwelling, or birth, or shall not signify his coming to the Minister and Constable, or shall pass above five miles from his dwelling, and shall not within three months after his apprehension confine himself, and make submission being required by the Bishop, or any Iustice of Peace, or the Minister of the Parish, then two Iustices of the peace or Coroner may inquire him to abjure the realm: And the Iustices of Peace must certify the abjuration at the next assizes. If any person suspected to bee a Iesuite, or Seminary, being examined by any person having authority in that behalf, shall refuse to answer directly whether he bee a Iesuite, Seminary, or whilst, he shall bee committed until he shall answer directly. If any person shall make public submission in the Chu ch, according to the form set down in this Act, then he shall be free; which submission the Minister must Record, and within ten dayes certify the Bishop thereof. T. 1. Jac. 4. A conformed Recusant must take the oath of supremacy, before the Arch-Bishop or BISHOP of the diocese; where there is any forfeiture of two parts of any Recusants Lands, that is to go in satisfaction of twenty pound a month. If any person shall go or sand his child to bee instructed in any college of Iesuites or Popish order, to be instructed in the Popish Religion, he shall forfeit a hundred pound, and the party sent disabled to inherit, purchase, or to be capable of goods by legacy, &c. until he comform. If any be permitted to pass the Seas, the Officers of the Ports forfeit their Office and all their goods, the O●ner forfeiteth the Ship and all her tackling, and the Master his goods, and be imprisoned 12 months without bail. If any keep a School, except a public School or in some Gentlemans house Who is no Recusant, or licensed by the Bishop, both the School-masters, and he that shall retain him, shall lose each of them 40 shillings monthly. 2 Of Discovery. 1. Stat. 3. Jac. 3. EVery convicted Recusant, which shall after comform and come to the Church, shall once every year at the least receive the Sacrament, upon pain of twenty pound the first year, forty pound the second year, and sixty pound every year following: The Churchwardens and Constables shall once every year present the monthly absence from Church of Popish Recusants, and the names of their children above nine yeares of age; and the names of their servants, upon pain of twenty shillings, and upon their indictments, they are to have forty shillings for every one thereupon indicted, &c. Iustices of peace may hear and determine all causes for not coming to Church, or not receiving the Sacrament: And also to make Proclamation that such yield their bodies to the sheriff, &c. And if they do not thereupon make their apparance of Record, it is a conviction the King may refuse twenty pound a month, and take two parts of their lands. Two Iustices of peace ( Quorum unu●) may out of the Sessions require any convicted or in●ited Recusants under the Nobility, or which shall not have received the Sacrament twice the year past, or any person unknown passing through the country, that being examined upon oath sh●ll not deny himself to be a Recusant, or that hath not received the Sacrament twice the year past to take the oath of Allegiance, and to certify the same at the next Sessions subscribed by the parties to be r●corded by the Clerk of the peace; and if any refuse to take the said oath so tendered, he is to be committed by those two Iustices without Bail, until the Assizes or Sessions; and if ●… e there also refuse to take it, he is in a praemunire, except women who are to be committed until they take it; and the party which taketh the oath must thereunto subscribe his name. No Indictment can be traversable, but only to the point of non-coming to Church, except the party comform and receive the Sacrament, then he may traverse it. Every person which shall keep in his house any servant, so journer or stranger, which shall forbear to go to Church by the space of a month, shall forseit ten pound monthly: And every person which shall keep in his service Fee or Livery, those that shall not repair to any Church monthly, shall forfeit ten pound monthly. Iustices of peace may hear and determine all offences against this act, except treason. 3. Of Prevention. 1. Stat: 7. Jac. 5. WHosoever shall discover to any Iustice of peace, any which shall relieve or retain any Iesuite or Popish Priest, or any mass to have been said, shall be freed of the penalties and have the third part of the forfeit, if it be under one hundred and fifty pound. No Popish Recusant convict shall come to the Cour●, upon pain of one hundred pound. And all convicted Recusants which shall forbear to come to the Church by the space of ●… wo months, shall within ten dayes after Indi●… tment depart from London, and ten miles ●… ompasse thereof, and deliver up their names ●… o the Lord mayor, &c. or next just ce of ●… eace, if it be without the liberty of the City, ●… 'pon pain of a hundred pound, except such as ●… have no dwellings. Three of the counsel may licence gene●… ally and upon occasion of business four ju●… ices next adjoining with the assent of the ●… ishop in writing, or of the Lieutenant or any ●… eputy Lieutenant under their hands & seals, ●… t in such licences the cause and time how ●… ng he is to have to travel must be expressed, the party licensed having first taken his corporal oath that he hath truly informed them of his business, and that he will not make any causeless stays, and every licence in any other manner is void. No convict Recusant shall practise Law, physic, &c. or shall bear Office, but be disabled & forfeit an hundred pound. And he that hath a Popish wife Recusant convict shall not bear office, except he and his children above renne years of age, come to the Church, and receive the Sacrament. Every Popish feme covict( her husband notwithstanding first convict) which shall not comform her self, but shall forbear to repair to some Church to hear divine Service, and within the year receive the Sacrament before the death of her husband, shall lose two parts of her dower, and is disabled to be Executrix, and to have any part of her husbands goods. A convict Recusant is disabled as an excommunicat person, until he or she conform, come to the Church, and take the oath of Allegiance. Every Recusant convict, which shall be married out of any Church, and not according to the Law by a lawful Minister, shall not be tenant by the courtesy, and a woman shall not have a Dower or jointure, or Widows estate, &c. And if any man mary such a woman a●… shal have no land, ut supra, he forfeits one hundred pound. If any popish Recusant not excommunicate be butted otherwise than according to the law his Executors forfeit twenty pound. A convict Recusant cannot present to any bnfice, nor have wardship of children. None to sell Popish books, upon pain of 40 shillings for every book. If any married woman convict, shall not within three months comform, come to the Church, and receive the Sacrament, she shall be committed to prison by two Iustices; Quorum unus, until she comform and receive the Sacrament, unless her husband will pay ten pound a month, or the third part of his lands at his election, for so long time as she is out of prison. Directions to know these marks following: ♓ This noteth the Act expired. ☍ The Act is upon continuance. — The Act is punishable in Sessions. Persons not bailable by Statutes. 1 such as are outlawed. 2 Such as have abjured the Realm. 3 Approvers. 4 Such as are taken with the manner. 5 Such as break any prison. 6 A thief openly known or defamed. 7 Such as are appealed by approvers being living. 8 House-burners. 9 For false money. 10 Counterfeiters of the Kings seal. 11 Excommunicate persons. For manifest offences. 13 For treason. 14 For murder. 15 Such as are committed by the Kings command, or the Iustices of the Ferrest, Westmin. 2. 15. Anno 3. E. 1. 16 Convicted for giving Liveries. 17 Abusing Licence to transport victuals, 1. & 2. P. & Mar. 2. 18 For forestalling. 19 Musters, 4. & 5. P. & M. 3. 20 unlawful games, 31. H. 8. 9. 21 Servants refusing to serve, 5. Elis. 4. 22 Alehouse-keeping without licence, 5. E. 6. 25. 23 Refusing to obey orders for bastards, 18. Elis. 3. 24 Prophesies, 5. Elis. 15. 25 For witchcraft, 1. Jac. 12. Perjury, 5. Elis. 14. 27 Common prayers 1. Elis. 2. 28 Schoolmasters, 23. Elis. 1. 29 Disturbers of Preachers, 1 Ma. 3. 30 Tithes, 27. H. 8. 10 22. H. 8. 7. 31 Souldiers selling harness, 2. E. 6. 2. 32 collectors for bridges, 22. H. 8. 5. 33 Aliens conveying long bows, 33. H. 8. 9 34 Transporters of sheep, 8. Elis. 3. 35 Taking of dear, Fish or Hawks, 5. Elis. 21: 36 Eating of flesh, 5. Elis. 5. 37 False weights, 9. H. 5. 8. 38 Rebellious assemblies, 1. Ma. 12. 37 Great Rioters, 2. H. 5. 8. 40 collectors for Gaol-money, 23. H. 8. 2. 41 Touching Recusants, 35. Elis. 2. 42 Forcible holding; 25. R. 2. 2. 43 purveyors, 13. Elis. 21. 44 Carrying of Corn, 1. & 2. P. & M. 45 Refusing to contribute to the poor, or account, 43. Elis. 11. 46 Touching Logwood, 39. Elis. 11. 47 Restraint of maltting 48 Destroying Pheasants or Hares, 1. Jac. 27. 49. 49 Refusers to pay tax for the plague, 1. Jac. 31. 50 Refusing the oath of Allegiance, 3. Jac. 4. 7. Jac. 6. 51 Recusant refusing to declare what armor he hath, or disturbing the delivery thereof, 3. Jac. 5. 52 unlawful hunting in enclosed grounds, 3. Jac. 13. Hawking, and destroying of Partridgs 7. Jac. 11. 53 For robbery, or maim, P. 6. H. 7. fol. 1 Broo. Mainprize, 67. 54 He that confesseth whereof he accused, Crompt. 101. B. Lamb. 347. 55 He that confesseth Man-slaughter, or is taken with the manner, Dalt. 272. 56 For Burglary, Dalt. 274. Note a man may be bound to the peace for flanders, Poulton, de place, fol. 2. & Fitz. Just. fol. 12 for such a writ is Contra pacem. The Table. A Abjure, 19. 20. 152 Absolve, 147. 175 Agnus Dei, 17 Allegiance, 91. 92. 95. 97 Amercements, 36. 57. 128. armor, 27. 32. 141. 231. 259 Artificers, 45. 109 111 Apprentices, 44. 47. 136. 227. 228 Answer directly, 25. 96 Alehouse-keepers, 1. 2. 3. 4. 245 Arrests, 189. 232. 245 Assaults, 112. 257 assessments, 119 133 B Badgers, 138 Bail, 70. 123. 124 Bath & Buxton, 103 Bailif, 35. 36. 57. 132. 214 Bastards, 101. 102 Baptized. Brewer, 213 Beads, 17 Burglary, 167 Bishop of Rome, 95 Blockwood. Books, 93. 128. 173 Bridewell, 101. 102 bulls, 155 Bridges, 140 Buggery, 150 Booth, 167 Burning of houses, 168 brass, 205 burial. Breakers of the peace, 257 Breach of prison, 160 C Canons: Captains, 97 Castles, 97 Certificat, 14 34. 51. 66. 95. 97. 114. 136. 225. 233. 248. 252. 253 Church, 14. 24. 31. 91. 182 Cloth, 76. 30. 77. 78. 79. 86 Constable, 30. 45. 57. 58. 62. 132. 133. 195 Conies, 37. 87 comform. Calves, 202 Court. Confinments, 255 Coroner, 192. 214 controllers. Counterfeits, 158 colleges. Compositions, 196 Crucifixes, 93 Conviction, 233. 237 Crosses, 17 cattle, 138 Crosbows, 37. 50 Customers, 66, 67 Corn, 138 Cursing, 21 Commitment, 60 Cottager, 53 Conjuring, 150 clerk, 194 Cutting of purses, 168 D dear, 37. 87. 135 Discovery, 79. 80. 255 Disabled, 178 Dyers, 60 Dogs, 37. 49. 84, 85 Dower. Drunkards, 4 Ducks. D●overs, 138 Ditch, 54 Deeds, 65 Delivery out of prison, 236 E eggs, 84. 142 Entry with force, Vide Forcible Entries Estreats, 50. 57. 228. 233 Examinations, 48. 68, 69, 80. 91. 96 Executrix. Escheaters, 188. 214 Excommunicate. Extortion, 188. 214 Egyptians, 158 Escapes, 160. 198. 250. 251 Enemies, 260 F Foreign power, 147 Fairs, 31 false tokens. Ferrets, 37. 87 Fees, 65. 189, 190. 193, 214, 215 Fish, 41, 42 Fine, 229, 230 Fishermen, 120 Flesh, 6. 201. 204 Forcible Entry, 7. 229, 230, 238, 239, 240, 241 242, 243, 244 Felony, 69. 70 123 198. 206. 245. 258 ●… ry of fish, 41 ●… orestalling, 145 G ●… ames, 10. 12 ●… reyhounds, 84 ●… unnes, 37. 50. 87 ●… old, 153 ●… aoles, 162. 191 Gaol, 192 Guest, 209 H hays, 87 Hawkesmeat, 37 Hares, 84. 135. 143 harness, 32. 231 Hawking. Harvest work, 45. 46 Hedge-breakers. hawks, 142. 185 Herrings Hunting, 187 Highways, 51. 52. 54, 56. 57 Hospitals, 125 Horses stolen, 32. 33 hue and Cry, 22. 197 Hedge, 54 Hides, 146 Husband, 166 I jesuits, 18. 23. 25. 96. 151. 152 In●ollmen. 5. Informers, 196 Inns, 207. 208 Justice, 216. 249. 252. 253 Juries, 128. 190. 199. 237. 254 Innkeepers, vide Alchouse-keepers, 109. 204. 21●… Infants, 166. 229 L Labourers, 53. 75. 111. 114. Lent, 204 Livery, 200 Licences, 46. 103. 139. 38. 207. 213 Logwood, 68 130 Lords day, 13 Letters, 131 M mass, 26. 176 malt, 67. 73. 82 Markets, 31. 146. 194 Menacers, 257 Mariners, 61. 120. 126, 155. 159 Measurers, 83 Manslaughter, 69. 123 Masons, 154 Money, 171. 119. 199 Misprision, 175 N Nets, 37. 41. 42. 49. 85. 87 News, 71. 134 O Oath, 129. 148. 174 Of Alleg●ance. Of Supremacy, 1 29. 174. 255 Oath ex officio. Officers, 106. 116 Overseers, 39 59. 78. 79. 80. 99. 104. 228 Obedience, 147 P Partridges, 47, 48. 83, 84. 135. Passes, vide Licences. Pigeons. Pictures, 17 Plague, 115. 117. 157 Plaints, 34 Pewterers, 205 Prescription, 215 Prison, 236 plays, 10, 11 poor, 59 98. 103 Preachers, 16. 90. 179 Prisoners, 191 Purses, 168 praemunire, 17. 174. 256 Prayers, 181 Priests, 18. 23. 25. 96. 255. 256 Proclamation. Perjury, 178 Prevention, 255 Prophesies, 72. 177 P●●senets, vide Nets. Printing. purveyors, 161. 184 Presentations, 195. 199. 237. 235 Pheasants, 47, 48, 49. 83, 84. 135 pounds, 142 Parks, 142. 187 Pressing, 120. 259 R Ra●es, 117. 160. 109 relics, 93 Recusants, 20. 93, 94. 139. 195 Rescues. 90. 160 Rent, 143 Reconciled, 147, 155 Rivers. Robbery, 38. 119. 167. 183. Rape, 166 Rome, 95 Rogues, 58. 75. 100. 103. 105, 106, 107, 108. 133. 259 Runaway, 100 Rioters, 121. 240. 246, 247, 248. 250, 251, 252, 253 Restitution of possessions, 8. 220. 234, 235. 237 S Sacrament, 137. 180, 181 Schoolmasters. Sectaries, 19. 152 Servants, 43. 47. 68. 74. 109, 110. 112. 186. 218. 220, 221, 222. 226 Salmons, 40 Supremacy, 129. 255. 174 Servants or Recusants. Serve, 224 Seminaries, 151 Sheriffes, 9. 34, 35. 214, 215. 247. 249. 252, 253 Sheriffes plaints, 34 Sidemen. Souldiers, 32. 61. 63. 64. 1●6. 155. 159. 173 Sunday, 15 Strangers, 260 Slander. Sojourner. Sheep, 156. 203 stolen horses, 33 Submission of priest, 95 Subsidies, 122 Suspects. Subscriptions. Swearîng, 21 surveyor of ways, 51. 55. 56 Setting dogs, vide Dogs. Silver, 153 Sewers, 161 T Taverns, vide Alehouse-keepers, 210 Taxes, 61. 64. 115. 122. 126. 140 Tenters for cloth, 30 Tents, 167 Testimonials, 43. 61. 109. 226 tipplers, 5. 211. 212 Tongues, 163 Transportation, 67. 138. 156. 203 travel of Recusants, 139 Trespasses, 28. 248 Traverse, 233. 235. 240 tile, 29 Tithes, 118 Treasons, 147. 175 townsmen tippling inhouses, 5 Tokens, 131 Traverse for Souldiers, 172 V Victuallers, vide Alehouse-keepers. Unlawfull games, vide Games. Under Sheriffs oath, 129. 173. 247. 253 Usury, 144 Victuals, 149 Vagrant persons, 225. 226 W Watches, 38. 169 Wages, 75. 76. 109. 113. 170. 221 Weights, 88. 89 Weapons, 231. 238. 244. 246 Wildfowl. Work, 57. 75 Wool, 81 Woods, 127 Women, 94. 113. 165. 223 Warren, 187 Woore, 149 Witchcraft, 150 Wife, 166 Y Yarn, 81. FINIS.