STATUTA PACIS: Or A perfect Table of all the Statutes (now in force) which any way concern the Office of a JUSTICE of Peace. Clearly also setting down the several duties of Sheriffs, Head-officers of Corporations, Stewards in Leets, Constables, and other Officers, so far forth as the said Statutes do in any sort concern them. Faithfully collected, and alphabetically digested under apt Titles. By E. W. Horace. Quicquid praecipies esto brevis, ut citò dicta Percipiant animi dociles, teneántque fideles. LONDON, Printed by M. Flesher and J. Young. An. Dom. 1644. The Preface. ALleit this Table holds forth to public view a perspicuous Compendium of such a form of subordinate government, for the tranquillity and quiet of this Realm, as no part of the Christian world hath the like, as Sir Edward Cook affirmeth in the last part of his Institutes, cap. 31. Nevertheless, the Author thereof would not have been guilty of so much presumption, as to have suffered it to see the light, had he not been earnestly importuned so to do by a worthy friend of his, very well experienced in that kind of Government; upon this assurance, that it might be useful, not only for him that made it, as most Tables are; but likewise for all others, that desire to he acquainted with the jurisdiction of Justices of Peace; as well those who are to govern by it, as others that are to yield obedience unto it. For in this little volume you may readily discover the substance of all the Statutes (now in force) which any way concern the Office of a Justice of Peace, alphabetically digested under proper Titles, and set down in order of time, as they were made. In tenui, sed non tenuis fructúsve, labórve. Howbeit, professing itself nothing else but a Table, let the Reader be admonished not to depend too much upon the letter thereof; but rather to have recourse to the Statutes at large, when and as often as he shall make the least scruple or doubt of any thing therein abridged: Nevertheless, it is confidently believed, that he shall find the sense of the Statutes therein mentioned, to be as plainly and fully reported as can possibly be expected from a Table: And forasmuch as a Just. of P. receives Instructions for the execution of his Office, not only from statute law, but likewise from his Commission and Oath of Office, behold them also here premised; to the end that upon view of all of them together, he may be clearly directed what course to run. The Commission, as it was reform Ter. Mich 32, & 33. Eliz. by all the then Judges of England, (as is testified by Sir Edward Cook, ubi supra) hereafter followeth in these words; Carolus Dei gratia Angliae, Scotiae, Franciae, & Hiberniae Rex, fidei defensor, etc. Praedilecto & fideli A. B. etc. necnon C. D. E. F. etc. salutem. Sciatis, quod assignavimus vos, conjunctim & divisim, & quemlibet vestrum Justiciarios nostros ad pacem nostram in Comitatu nostro B. conservandam, ac ad omnia ordinationes & statuta pro bono pacis nostrae, ac pro conservatione ejusdem, & pro quieto regimine & gubernation populi nostri edita, in omnibus & singulis suis articulis in dicto Comitatu nostro (tam infra libertates, quam extra) juxta vim, formam, & effectum eorundem, custodiendum, & custodiri faciendum. Et ad omnes, contra formam ordinationum vel statutorum illorum aut eorum alicujus, in Comitatu praedicto delinquentes, castigandum & puniendum, prout secundum formam ordinationum & statutorum illorum suerit faciendum, Et ad omnes illos qui alicui, vel aliquibus de populo nostro de corporibus suis, vel de incendio domorum suarum, minas fecerint, ad sufficientem securitatem de pace vel bono gestu suo erga nos & populum nostrum inveniendam coram vobis, seu aliquo vestrum venire faciendum: Et si hujusmodi securitatem invenire recusaverint, tunc eos in prisonis nostris (quousque hujusmodi securitatem invenerint) saluò custodiri faciendum. Assignavimus etiam vos, & quoslibet duo, vel plures vestrum (quorum aliquem vestrum A. B. C. D. E. F. etc. unum esse volumus) Justiciarios nostros ad inquirendum per Sacramentum proborum & legalium hominum de Comitatu praedicto (per quos rei veritas melius sciri poterit) de omnibus & omnimodis feloniis, veneficiis, incantationibus, sortilegiis, arte magica, transgressionibus, forstallariis, regratariis, ingrossariis, & extortionibus quibuscunque: Ac de omnibus & singulis aliis malefactis & offensis (de quibus Justiciarii pacis nostrae legitime inquirere possunt, aut debent) per quoscunque & qualitercunque in Comitatu praedicto factis five perpetratis, vel imposterum ibidem fieri vel attemptari contigerit: Ac etiam de omnibus illis qui in Comitatu praedicto in conventiculis contra pacem nostram, in perturbationem populi nostri, seu vi armata ierunt, vel equitaverunt, sen imposterum ire vel equitare praesumpserint: Ac etiam de omnibus iis, quiibidem ad gentem nostram mayhemandum vel interficiendum in insidiis jacuerunt, vel imposterum jacere praesumpserint: Ac etiam de hostellariis, & aliis omnibus & singulis personis, qui in abusu ponderum vel mensurarum, five in venditione victualium, contra formam ordinationum & statutorum, vel eorum alicujus inde pro communi utilitate Regni nostri Angliae & populi nostri ejusdem editorum deliquerunt, vel attemptaverunt, seu imposterum delinquere, vel attemptare praesumpserint in Comitatu praedicto: Ac etiam de quibuscunque Vicecomitibus, Ballivis, Seneschallis, Constabulariis, custodibus Gaolarum, & aliis Officiariis, qui in executione Officiorum suorum (circa praemissa seu eorum aliqua) indebite se habuerint, aut imposterum indebite se habere praesumpserint; aut tepidi, remissi, vel negligentes fuerint, aut imposterum fore contigerit in Comitatu praedicto: Et de omnibus & singulis articulis & circumstantiis, & aliis rebus quibuscunque, per quoscunque & qualitercunque in Comitatu praedicto factis five perpetratis, vel quae imposterum ibidem fieri vel attemptari contigerit, qualitercunque praemissorum vel eorum alicujus concernentibus plenius veritatem: Et ad indictamenta quaecunque sic coram vobis, seu aliquibus vestrum capta five capienda, aut coram aliis nuper Justiciariis pacis in Comitatu praedicto facta five capta (& nondum terminata) inspiciendum: Ac ad processus inde versus omnes & singulos sic indictatoes, vel quos coram vobis imposterum indictari contigerit (quousque capiantur, reddant se, vel utlagentur) faciendum & continuandum: Et ad omnia & singula felonias, veneficia, incantationes, sortilegia, arts magicas, transgressiones, forstallarias, regratarias, ingrossarias, extortiones, conventicula, indictamenta praedicta, caeteraque omnia & fingula praemissa secundum leges & statuta Regni nostri Angliae (prout in hujusmodi casu fieri consuevit aut debuit) audiendum & terminandum, & ad eosdem delinquentes & quemlibet eorum, pro delictis suis, per fines, redemptiones, amerciamenta, forisfacturas, ac alio modo (prout secundum legem & consuetudinem Regni nostri Angliae, aut formam ordinationum vel statutorum praedictorum fieri consuevit aut debuit) castigandum & puniendum. Proviso semper, quod si casus difficultatis super determinatione aliquorum praemissorum coram vobis, vel aliquibus duobus vel pluribus vestrum evenire contigerit; tunc ad judicium inde reddendum (nisi in praesentia unius Justiciariorum nostrorum, de uno vel de altero Banco, aut unius Justiciariorum nostrorum ad Assisas in Comitatu praedicto capiendas assignatorum) coram vobis vel aliquibus duobus vel pluribus vestrum minime procedatur. Et ideo vobis, & cuilibet vestrum mandamus, quod circa custodiam pacis, ordinationum, statutorum, & omnium & singulorum caeterorum praemissorum disigenter intendatis, & ad certos dies & loca quae vos vel aliqui hujusmodi, duo vel plures vestrum (ut praedictum est) ad hoc provideritis, super praemissis faciatis inquisitiones, & praemissa omnia & singula audiatis, & terminetis, ac ea faciatis & expleatis in forma praedicta; facturi inde quod ad justiciam pertinet, secundum legem & consuetudinem Regni nostri Angliae: Salvis nobis ametciamentis, & aliis ad nos inde spectantibus. Mandamus etiam tenore praesentium Vicecomiti nostro B. quod ad certos dies & loca (quae vos vel aliqui hujusmodi duo vel plures vestrum, ut praedictum est, ei ut praedictum est, scire feceritis) venire faciat coram vobis, vel hujusmodi duobus vel pluribus vestrum (ut dictum est) tot & tales probos & legales homines de Balliva sua (tam infra libertates quam extra) per quos rei veritas in praemissis melius sciri poterit & inquiri. Assignavimus denique te praefatum I. C. custodem Rotulorum pacis nostrae in dicto Comitatu nostro: Ac propterea tu, ad dies & loca praedicta, brevia, praecepta, processus, & indictamenta praedicta, coram te & dictis sociis tuis venire facias, ut ea inspiciantur, & debito fine terminentur, sicut praedictum est. In cujus rei testimonium, etc. Datum, etc. As concerning the Oath of Office, Justices of Peace were at first enjoined to take it, by the Statute of 13. R. 2.7. which Statute you may hereafter see in Title Justices of Peace, Clause 16. And afterwards by the Statutes of 1. Eliz. 1. and 7. Jac. 6. they were also ordained to take the Oaths of Supremacy and Obedience, which Oaths you shall also hereafter find in Title Recusants, 8, and 88 The Oath of Office is this that follows; Ye shall swear, That as Justice of the Peace in the County of B. in all articles in the King's Commission to you directed, ye shall do equal right to the poor and to the rich, after your cunning, wit, and power, and after the laws and customs of the Realm, and statutes thereof made: And ye shall not be of counsel of any quarrel hanging before you: And that ye hold your Sessions after the form of Statutes thereof made: And the issues, fines and amerciaments that shall happen to be made, and all forfeitures which shall fall before you, ye shall cause to be entered without any concealment or imbezzelling, and truly send them to the King's Exchequer. Ye shall not let, for gift or other cause, but well and truly you shall do your Office of Justice of the Peace in that behalf: And that you take nothing for your Office of Justice of the Peace to be done, but of the King, and fees accustomed, and costs limited by the Statute: And ye shall not direct or cause to be directed any Warrant (by you to be made) to the parties, but ye shall direct them to the Bailiffs of the said County, or other the King's Officers (or ministers) or other indifferent persons to do execution thereof. So help you God. Lastly, for conclusion of this Preface, I conceive it not impertinent to annex thereunto the substance of two Statutes, necessary to be known by every justice of Peace before he enters upon his Office; the first is 2. H. 5. Stat. 2. Cap. 1. which provides, That Justices of Peace shall be made of the most sufficient persons dwelling within the Counties, by the advice of the Chancellor, and of the King's Counsel; and that no foreign dweller shall exercise such Office, except Lords, Justices of Assize, and chief Stewards of the lands and Signories belonging to the Duchy of Lancaster. And concerning their residence in the Country, see more hereafter in Title Justices of Peace, 20. The other Statute is 4. H. 7. cap. 12. whereby the King commandeth all Justices of Peace diligently to exercise their Office; to the end, that his people by that means living in peace, and enjoying their own, husbandry may flourish. He also chargeth all, both poor and rich, that shall suffer any grievance from others (wherein a Justice of Peace may intermeddle) that they forthwith make complaint thereof to the next Justice of Peace, and having no remedy there, to the Justices of Assize, if it be not long before their coming into that Country; but if it be, then to the Chancellor for the time being, and then the King will send for the Justice so neglecting his duty; and in case he shall find him guilty thereof, will cause him to be put out of the Commission, and otherwise punished according to his demerits, etc. An Alphabetical Table, by the perusal whereof the Reader may the better acquaint himself with the Titles contained in this Book. A ABjuration 1 Actions popular 1 Alehouses 4 Aliens 10 Almshouses 10 Archery 10 Apprentices 12 Armour 12 Arrests 12 Arrow heads 13 Artificers 13 Assize of Ale and Beer 13 Attainders 13 B Badger 13 Bailiffs 14 Bailinent 15 Bakers 17 Barges 17 Bastardy 17 Beer 18 Bell-metall 18 Benhurst hundred 18 Bigamy 18 Boat-men 18 Books 21 Bows 23 Brass 23 Bridges 25 Brewers 26 Buggery 27 Burglary 27 Burning of houses etc. 28 Butchers 29 Butter 29 Butts 30 Buying of Tiles 30 C Calves 30 Captains 30 Carre-men 41 Carrier 41 Cattle 41 Certificate 44 Cerciorari 44 Challenge 45 Champerty 45 Cheese 45 Citation 45 Clergy 45 Clerk of the Peace 48 Clerk of the Crown 48 Clerk of Assize 48 Clerk of the Market 48 Cloth 48 Coin 48 Commons 48 Commissions 48 Coneys 49 Conjuration 49 Conspiracy 49 Conspirators 49 Convictions 49 Cooks 49 Copper 49 Corn 49 Coroners 51 Costermongers 52 Cottages 52 Covin 53 Sergeant letters etc. 53 Counterfeiters of the Ks. seal or coin 53 Coupers 53 Crossbows 54 Currier 54 Cursing 54 Custom, Customers 54 Cutpurse 54 Cutting out of tongues, etc. 54 Cutting of a pond head 54 D Deeds 55 Deer 55 Divine Service 55 Dying, Dyers 55 Drapery 55 Drover 59 Drunkenness 59 E Ecclesiastical Court 60 Egyptians 61 Embracery 62 Endictments 62 Inquests 62 Escapes 62 Escheators 62 Estreats 63 Excommunicate persons 64 Extortion 64 F Fairs 64 Fasting-days 64 Feasants 64 Felony 65 Felons goods 67 Fight and quarrelling 67 Fish, fishers, fishing, 68 Fish days 73 Fishmongers 75 Force, forcible entry 75 Forests 77 Forestallers 77 Franchises 80 Fruiterers 80 Fuel 80 G Games 81 Gaol, Gaolers 81 Gold, Goldsmith's 81 Grain 82 Green wax 82 Guns 82 Gunners 85 H Habeas corpus 85 Hares 85 Hats 85 Hawks 85 Herring 92 Highways 92 Holidays 97 Horse bread 98 Horses 98 Hospitals 103 Ostlers 102 Houses of Correction 103 Hue and Cry 103 Hunters, Hunting 105 I Jesuits 108 Images 108 Imbezelling of a Record 108 Imbracery 108 Indictments 108 Informations 109 Engrossers 110 Inholders 110 Inmates 111 Inquests 111 Inrolements 111 Inventories 111 Jurors 112 Justices of Peace 113 K Kidder 119 Kings Bench 119 L Labourers 119 Lader 132 larceny 132 Latin 132 Leather 133 Letters of Administration 144 Liberties 144 M Mainprize 145 Maintenance 145 Malt 150 Marches 148 Mariners 149 Markets 149 Marshals of the King's Bench 149 Marshalsea 149 Marshes 149 Masons 149 Matrimony 149 Measures 152 Millers 152 Money 152 Mortuaries 153 Murder 154 N News 156 O Oatmeal 156 Oaths 156 Old field dike in the Isle of Ely 156 Ordinary 156 Outlawed persons 157 Outlawries 157 P Pannell 157 Pardon 157 Parks 158 Parliament 159 Partridges 160 Paving 160 Penal Statutes 160 Perjury 160 Petty Treason 162 Pewter 162 Physicians 162 Pillory 163 Plague 163 Plays 165 Ponds 167 Poor people 167 Poulters 172 Powdike in Norfolk 172 Poisoning 172 Presentments 172 Priests 172 Prisons, Prisoners 173 Probat of Wills 175 Process 175 Prophecies 175 Purveyors 176 Putting out of eyes 188 Q Quarrelling 188 Quarter Sessions 188 R Rape, Ravishment 188 Record 190 Recusants 190 Regrators 224 Riots 224 Robbery 229 Rogues 229 Rome 230 S Sacraments 230 Sacrilege 237 Schoolmasters 237 Scotland 237 Seminary Priests 237 Servants 237 Service divine 237 Sewer 237 Sheep 238 Sheriffs 238 Shipwrights 243 Shoemaker 243 Silver 243 Skinners 243 Soldiers 243 Stabbing 244 Stewards of Lects 244 Strangers 244 Supersedeas 244 Sundays 245 Swans 245 Swearing 245 T Tanner 246 Testimonial 246 Tiles 246 Tin 247 Tithes 248 Toll 248 Transportation 248 Treason 249 Trespass 249 V Vagabonds 250 Victual, Victuallers 259 Vintners 261 Undersheriff 262 Usury 262 W Wages 264 Wagoner 264 Wainman 264 Wales 264 Warrens 265 Watches 265 Watermen 266 Wax 266 Wears 266 Weights 266 Wild fowl 283 Wines 283 Witchcraft 285 Witness 286 Wood 286 Wool 286 Writs 286 FINIS. ERRATA. Page 40. line 7. read 33. and l. 33. r. 39 p. 52. l. 5, & 6. r. land, being freehold and inheritance. p. 56. l. 4. r. 39 El. p. 69. l. 10. r. conservators of the Statutes. p. 70. l. 32. r. former. pag. 88 l. 26. r. Stewards in Leets. p. 103. l. 6. r. felons. p. 105. l. ult. r. before himself. p. 116. l. 12. r. Banneret. p. 120. l. 5. r. within like time, shall. p. 150. l. 11. r. of this Statute. & l. 12. r. after it. p. 152. l. 22. r. from the King. p. 163. l. 19 r. of them. p. 167. l. 21. r. by two. p. 225. l. 33. r. 13. H. 4. p. 236. l. 32. r. 26. p. 238. l. 20. r. by the. p. 252. l. 28. r. as shall be assigned by six or more of the privy Council, whereof the Lord Keeper, etc. STATUTA PACIS: Or A perfect Table of all the Statutes (now in force) which any way concern the Office of a Justice of Peace. Abjuration, see Title Bailment 1. Hunters 1. Recusants 51, 52, 58, 61, 62, 69. and Weights 18. Actions popular, and Informations. I. STat. 4. H. 7. cap. 20. Recovery in an action popular by Covin shall be no bar of an action sued for the same thing bona fide. II. Here the defendant attainted of collusion shall suffer two year's imprisonment to be prosecuted within one year. III. No release of a common person shall in this case discharge an action popular. iv Yet no collusion is in this case averrable, where the point of the same action, or the collusion itself hath been tried by verdict. V Stat. 18. El. 5. An Informer shall exhibit his suit in proper person, and pursue it by himself, or by his Attorney in Court, and that by way of information or original action, and shall have no deputy; and all this in pain of 10. l. and the pillory. VI A note of the time of exhibiting the Information shall be truly taken, and from thenceforth it shall be accounted to be of record, before which time no process shall issue out upon it. VII. The Clerk that makes out the process shall endorse the Informers name, and also the statute upon which the information is grounded, in pain of xl. s. VIII. No Jury shall appear at Westminster for a trial upon any penal law, when the offence was committed above 30. miles from Westminster, except the Attorney general, for some reasonable cause, require the same, Clause 17, 18. IX. No Informer shall compound with any defendant before answer; nor then, but by consent of Court, in pain of 10. l. and the pillory. X. Where the Informer delays or discontinues his suit, or otherwise is nonsuit, or overthrown, the Court shall assign costs to the defendant, to be immediately levied by execution issuing out of the same Court. XI. Justices of Oyer and Terminer, Just. of Ass. and Just. of Peace in their Sessions have power to hear and determine these offences. XII. This Act shall not restrain Actions brought for maintenance, Champerty, buying of Titles, or Imbracerie, nor any certain person, or body politic, to whom any forfeiture or penalty is especially limited, nor certain officers, which have lawfully used to exhibit Informations 15. and 18. XIII. Stat. 31. El. 5. Informers heretofore restrained by order of any Court, shall not pursue Actions popular. XIV. In popular Actions the offence shall be laid to be done in the County, where indeed it was done; or otherwise, if the defendant traverse and disprove that point, the plaintiff shall be barred. 18. XV. This Act doth not restrain officers, which have lawfully used to exhibit informations, nor Actions brought for Champerty, buying of Titles, extortion, offences against the stat. of 1. El. 11. (concerning the light landing of Merchandise and custom of sweet wines) concealing of Customs, etc. corrupt Usury, Forestall, Regrating, or Engrossing, when the penalty shall amount to 20. l. or above: For in all these cases the offence may be laid in any County. 18. XVI. Popular Actions, where the King only hath the forfeiture, shall be commenced within two years; where he hath only a part, and the Informer the rest, within one year; and in this last case upon default of prosecution, the King hath two years after that one year: but this is to be understood, where a shorter time is not limited by any stat. XVII. All suits for using unlawful games, or any Art or Mystery without being brought up in it, and for not having Bows and Arrows according to the statute, shall be prosecuted at the Assizes or Sessions of the County, or at the Leete, within which the offence was committed, and not elsewhere. 18. XVIII. Stat. 21. Jac. 4. Actions popular shall be prosecuted before Just. of Ass. Nisi prius. G.D. Oyer and Ter. or of P. only in the Counties, where the Offences were committed, except for recusancy, maintenance, Champerty, buying of Titles, concealing of Customs, etc. or transporting of Gold, Silver, Munition, Wool, Wool fells, or Leather. XIX. Upon default of proving, that the Offence was committed in the same County, the defendant shall be found not guilty. XX. The Informer shall make oath, that the offence was committed in the same County, where the Action is laid, and within one year before the suit commenced. XXI. The defendant in a popular Action may plead the general issue, and yet give special matter in evidence. Alehouses. Drunkenness. I. Stat. 5. & 6. E. 6.25. None shall keep Alehouse without Licence granted either in Sess. or by 2. Just. (1. Qu.) in pain of 3. day's Imprisonment without Bail and not to be enlarged without Recognisance by himself and two Sureties, that he shall not keep Alehouse any longer; the certificate of which recognizance and offence shall be a sufficient conviction at the Qu. Sess. to fine him. xx. s. 30. II. The Qu. Sess. or two such Justices have power to put down Alehouses at their discretion, and to take Bond and surety of Alehouse-keepers by Recognisance, that they use not unlawful games, or other disorder in their houses, for which Recognisance the parties bound shall pay 12. d. and whereof certificate shall be made at the next Qu. Sess. by the two Justices, that take it, in pain of five marks. III. Just. of P. have power to inquire after the breach of this last Recognisance, to award process thereupon, and to hear and determine the same at their discretions. iv This Act shall not restrain the selling of Ale and Beer in Towns where Fairs are kept, during the time of the Fair. 34. V Stat. 1. Jac. 9 No Innkeeper, Victualler, or Alehousekeeper shall suffer any town-dwellers to sit tippling in his house, in pain of x. s. nor sell less than a full Ale quart of the best Ale or Beer, or two quarts of the small for one penny, in pain of 20. s. And here, the view of one Justice, or proof by two witnesses upon oath before one Justice, is sufficient conviction. 16.22.23. & 28. VI The penalties aforesaid are given to the poor of the parish, where the offence is committed, and are to be levied by the Constable, and Churchw. by distress, which (after six days) may be sold to satisfy the penalty: and for default of distress the party delinquent must suffer imprisonment, till he pay the penalty. VII. Here, every officer that neglects to levy the said penalties, or to certify (within 20. days) the default of distress shall forfeit likewise to the poor xl. s. to be levied (upon warrant from one Justice) by distress, and sale, as aforesaid, and upon default of distress shall incur commitment, as before. VIII. The Officers, or other parties receiving these penalties shall be accountable to the succeeding Officers, and other parishioners. IX. None shall intermeddle to put this Act in execution within either of the Universities, save only the Magistrates of the same. X. Stat. 4. Jac. 4. None shall sell Ale or Beer to an unlicensed Alehousekeeper, save only for the expense of his household, in pain of 6. s. 8. d. for every Barrel, and so more or less according to that proportion. XI. This Offence shall be prosecuted in the Qu. Sess. and the forfeiture shall be equally divided betwixt the prosecutor and the poor of the Parish. XII. The Officer that shall levy the poors Moiety shall deliver it to the Churchwardens and Overseers of the Parish, or one of them, and they shall in convenient time make distribution thereof to the poor, in pain that both the Officer and they shall forfeit respectively double the value of that Moiety, to be recovered and employed, as aforesaid. XIII. Stat. 4. Jac. 5. One convicted of Drunkenness in Court, or before a Judge, or Justices in their several limits, shall forfeit u.s. to the poor, to be levied and employed, as the penalties of 1. Jac. 9 and in case he be not able to pay it, shall remain in the stocks six hours. 6.7. and 28. XIV. Here the officer which neglects to levy the said penalty shall forfeit 10. s. to be levied and employed, as aforesaid. XV. A towne-dweller, which is convict to sit tippling in any Inn, Victualling house, or Alehouse, by the view of one Justice, or the proof of two witnesses, shall forfeit ten groats, to be levied and employed, as aforesaid, and being not found able to pay it, shall remain in the stooks four hours. 24. XVI. These offences, as also those mentioned in 1. Jac. 9 shall be inquired of, heard, and determined at the Assizes, at the Sessions, in corporate towns, and in Leetes. XVII. One convicted the second time of drunkenness shall be bound in ten pounds with two sureties to the good behaviour. 25. XVIII. All Constables, Churchwardens, Headboroughs, Tithingmen, Ale-cunners and Sidemen, shall be charged in their oaths to present the said offences. 27. XIX. This Act shall not restrain Ecclesiastical Jurisdiction, nor the two Universities. XX. None shall be twice punished for one offence. XXI. The offenders against this Act shall be prosecuted within six months. XXII. Stat. 7. Jac. 10. An Alehousekeeper lawfully convicted for any of the offences forbidden by the stat. of 1. Jac. 9 or 4. Jac. 5. shall be disabled to keep Alehouse within three years after. 26. XXIII. Stat. 21. Jac. 7. One witness, or the parties own confession, shall be sufficient to prove the breach of 1. Jac. 9 and 4. Jac. 5. and the oath of the party confessing shall be sufficient to convince any other. XXIV. No person whatsoever shall sit tippling, in any Inn, Alehouse or victualling house, in pain of the forfeiture mentioned in 4. Jac. 5. to be levied and employed, as there is expressed. And here the view of one Justice, the parties own confession, or proof by one witness, shall be sufficient conviction. The delinquents oath shall likewise be taken to convince any other. XXV. The like view, proof, or confession shall convince a drunkard, as well for the penalty of 5. s. as for the binding of him to the good behaviour according to 4. Jac. 5. XXVI. An Alehousekeeper offending against 1. Jac. 9 or 4. Jac. 5. according to the alterations of this Act is disabled to keep Alehouse within three years after. XXVII. All Constables, Churchwardens, Headboroughs, Tithingmen, Ale-cunners, and Sidemen shall be charged in their oaths to present the offences committed against 1. Jac. 9 and 4. Jac. 5. according to the alterations of this Act. XXVIII. Stat. 1. Car. 4. The Innkeeper, Alehousekeeper, or Victualler which suffers any person whatsoever to sit tippling in his house shall incur the penalty of 1. Jac. 9 to be proved, levied and employed, as in that statute is appointed. XXIX. Vintners which do also keep Inns, or Victualling houses shall be taken to be within this Act, as also within the stat. of 1. Jac. 9 and 4. Jac. 5. XXX. Stat. 3. Car. 3. None shall keep Alehouse without licence, in pain to forfeit 20. s. to the poor, which the Const. and Churchw. (upon warrant from the Justice before whom the offence is proved) shall levy by distress, which (within three days) may be sold to satisfy the penalty: And in case the delinquent hath not wherewithal, the said Justice shall commit him to the Const. to be openly whipped. And here, the view of one Just. the confession of the party, or proof by two witnesses is sufficient Conviction. XXXI. Here the officer, that neglects to execute the warrant, or to punish the offender, shall suffer imprisonment without bail, or pay 40. s. to be employed as aforesaid. XXXII. In this case if the Alehousekeeper offend the second time, he shall be committed to the house of correction for one Month, and for the third offence shall not be thence enlarged, but by order of Sessions. XXXIII. The Offender once punished by this Act shall not be again punished by 5. & 6. E. 6.25. & contrà. XXXIV. This Act shall not restrain the selling of Ale and Beer in Fairs. Aliens, S. Archery, 9 & Brass, 9 & Victual, 3. Almshouses, S. Poor people, 15. Archery. I. Stat. 33. H. 8.9. Parents, and Masters shall provide for each of their sons and male-servants (betwixt the ages of 7. and 17.) a Bow and two shafts, and cause them to exercise shooting, in pain of 6. s. 8. d. II. Sons and maleservants (betwixt the ages of 17. and 60.) shall be furnished with a Bow and two Arrows, and practise shooting therewith, in pain of 6. s. 8. d. III. None under the age of 24. years shall shoot at any standing mark (except at Rovers, changing his mark every shoot) in pain of 4. d. a shoot, and none above that age shall shoot at any mark of 11. score distance or under, in pain of 6. s. 8. d. a shoot. IU. None under the age of 17 years shall shoot with a Bow of Ewe, except his parents be worth 10. l. per Annum in lands, or 40. marks in goods, in pain of 6. s. 8. d. V The Inhabitants of every town shall continue their Butts in good repair, in pain of 20. s. for every three months' default. VI For every Bow made of Ewe, the Bowyer not inhabiting in London or the Suburbs thereof shall make four, and the Inhabitant there two Bows of other wood, in pain to forfeit for every such Bow unmade 3. s. 4. d. 12. VII. Fletcher's of London may sell seasonable timber to foreign Fletcher's without prejudice. VIII. Artificers of Archery (not Freemen, nor paying scot and lot) shall remove their abode from London, and the Suburbs thereof to what other place they shall be assigned by his Majesty's Council, the Lord Chancellor, Treasurer, Privy Seal, or one of them, in pain of xl. s. for every day they make their abode contrary to this Act. IX. Aliens shall not convey Bows and Arrows out of the Realm without his Majesty's Licence, in pain of Imprisonment without bail, until they shall make fine to the King, to be set by (at least) two Justices in Sessions, or give security for the same; neither shall they use shooting, in pain to forfeit their Bows and Arrows to be taken from them by any of the King's Subjects. X. Justices of Ass. G.D. and of P. in Sess. and Stewards in Leets shall hear and determine the Breach of this Act. XI. The one Moiety of all these forfeitures is given to the prosecutor, and the other, where there is no Leet, is given to the King, and where there is a Leet, to the Lord of that Leet. XII. Stat. 8. El. 10. The clause of 33. H. 8.9. which enjoins to make Bows of other wood than Ewe, shall not bind any Bowyer dwelling in London, West minster, or Southwark. S. Arrowheads 1. Actions popular 17. Apprentices, S. Labourers. Armour, Armed men. I. Stat. 2. E. 3.3. None shall come with force and Arms before the King's Justices, or other his Ministers, nor go or ride armed in affray of peace, in pain to forfeit their Armour, and to suffer imprisonment at the King's pleasure. II. Justices of P. and other officers have power to put this Act in execution, and the Justices of Ass. shall inquire of their default in that behalf. III. Stat. 7. R. 2.13. None shall ride in Harness, contrary to 2. E. 3.3. in pain to forfeit the same. IV. Stat. 20. R. 2.1. The statutes of 2. E. 3.3. and the 7. R. 2.13. shall be duly observed, upon the pains contained in the said Stat. of 2. E. 3.3. and besides to make fine to the King. S. Recusants. 125. Arrests, S. Sheriffs. Arrow-heads. I. Stat. 7. H. 4.7. Justices of Peace have power to punish such as make defective Arrow-heads. Artificers S. Labourers. 20. Assize of Ale and Beer, S. Victual 5.7. & Weights. Attainders, S. Certificate 1. Badger, Lader, Kidder, Carrier, Drover, Transporter of Graine etc. I. STat. 5. El. 12. None but a married man and householder of the age of xxx years at least shall take upon him to be a Badger, etc. neither he without Licence in open Sess. of the County, where he hath dwelled by the space of three years before, under the hands and seals of (at least) three Justices (1. Qu.) in pain of 5. l. which Licence shall remain in force for one year only from the date thereof. And all Licences otherwise granted shall be void. II. The Justices of Peace in Sess. shall (at their discretions) take Recognizances of badger's etc. that they shall not forestall or engross, or put in practice any Act contrary to 5. & 6. E. 6.14. III. The Clerk of the Peace shall write and enter the Licence and Recognisance, and his Fees shall be, viz. for writing the Licence 12. d. for writing the Recognisance 8. d. and for entering them both into a Register Book 4. d. which Book he shall bring to every Sessions. iv This shall not give liberty to any Badger, etc. to buy grain out of the Market (to sell again) unless there be special words in his licence to warrant the same, in pain to forfeit for every time so offending 5. l. V The one Moiety of these forfeitures is given to the Queen, and the other to the Informer. VI The Queen's Moiety shall be estreated according to the usual manner, and the Informers levied by fieri facias, or Capias; But when the suit is wholly the Queens, the whole forfeiture shall be estreated for her use. VII. Justices of P. have power to hear and determine these offences in Sessions, by inquisition or verdict; or otherwise upon the oath of two witnesses (at their discretions) and to make process thereupon. VIII. This Act shall not restrain Purveyors of Cities and towns corporate; neither yet the Inhabitants of the Counties of Westmoreland, Cumberland, Lancaster, Chester, and York. IX. Stat. 13. El. 25. The Statute of 5. El. 12. is confirmed. S. Forestallers, 5.12. Bailiffs, S. Sheriffs. Bailement. I. Stat. 3. E. 1.15. Persons outlawed, and such as have abjured the Realm, Provours, and such as be taken with the manner, Prison-breakers, thiefs openly defamed, Appellees by Provours (during the life of such Provours) house-burners, Counterfeiters of the King's Seal or Coin, excommunicate persons, and Traitors, are not replevisable by common writ or without writ. II. Persons guilty of larceny by inquests (taken before Sheriffs or Bailiffs) or of petty larceny (not before detected, nor accessary to any felony) or only guilty of some light suspicion, are bailable by good sureties, for which the Sheriff shall be answerable. III. Stat. 5. E. 3.8. Marshals of the King's Bench shall not bail felons. IV. Stat. 3. H 7.3. Two Justices (1. Qu.) have power to let to bail persons bailable by law, until the next Quar. Sess. or G.D. and shall there certify the same in pain of 10. l. V Stat. 1. & 2. P.M. 13. None shall be let to bail, which are forbidden to be bailed by 3. E. 1.15. VI None arrested for Manslaughter or felony, or suspicion of the same, (being bailable by law) shall be let to bail, save only in open Sess. or by two Just. (1. Qu.) being both present at the time of such bailement, which then shall be certified (together with the examination of the Prisoner, and the Information of the Accusers) under their own hands at the next Gaol delivery, and the said examination and Information shall be taken before the bailement. VII. The said Justices have power to bind by Recognisance all such as can declare any thing material against the Prisoner to appear at the next Gaol delivery, and shall there make certificate of the said Recognisance. VIII. The Justices that offend any Branch of this Act are liable to be fined by the Justices of Gaol delivery. IX. This Act shall not restrain Justices within London and Middlesex to let to bail I risoners, as heretofore they have used, only they shall certify their examinations, Bonds, and bailements at the next Gaol delivery of their Jurisdiction, in pain to be fined, as aforesaid. X. Every Habeas Corpus or Certiorari for the Removal of a Prisoner shall be signed by the Chief Justice or one of the Justices of the Court out of which the Writ issues, in pain of five pounds to be forfeited by the Writer. XI. Stat. 2.3. P.M. 10. One accused of Manssaughter or Felony, which, for want of bail, is to be sent to the Gaol, must be examined by the Justice, before he sends him thither, and the Accusers must be bound over to give in evidence against him, whose Information must also be taken and committed to writing within two days after at the farthest, and all certified in at the next Gaol delivery, as by the stat. of 1.2. P.M. 13. is limited, upon the penalty therein expressed. Bakers, S. Victual 2.10. Weights 2, 4, 5, 9 Barges, S. Boatemen. Bastardy. I. Stat. 18. El. 3. The two next Justices (1. Qu.) may take order as well for the punishment of the mother, and reputed father of a Bastard Child, as also for the relief of the Parish, where it is borne, by charging the said mother, and father with the sustentation thereof, by payment of money weekly, or otherwise. II. If the mother or father perform not the said Justice's order, they shall suffer imprisonment without bail, except he, she or they give security to perform it, or else to appear at the next Quarter Sess. and also to abide the order of the greater part of the Justices there, if any shall be there made; if not, then to perform the order made by the two Justices. 5. III. Stat. 7. Jac. 4. Justices of Peace shall commit to the house of correction lewd women, which have Bastards, that may be chargeable to the Parish, there to be punished, and set on work one whole year; and if they offend again, they shall not be from thence enlarged without putting in good security not to offend so again. IV. Stat. 21. Jac. 27. It shall be murder for a mother to conceal the death of her Bastard child, unless she can prove by one witness (at least) that it was stillborn. V Stat. 3. Car. 4. All Justices of Peace within their several limits and Sess. may do and execute all things concerning that part of 18 Eli. 3. which concerns Bastards, that by the Justices of Peace in the several Counties are by the said statute limited to be done. Beer, S. Corn, 1. Bell-metall, S. Brass, 15. Benhurst hundred in Com. Berk. S. Hue and Cry, 8. Bigamy. I. Stat. 1. E. 6.12. A Bigamus being a fellow shall be admitted to his Clergy, as well as any other. II. Stat. 1. Jac. 11. A Bigamus shall suffer death as a Felon, unless he or she have had no notice, that the husband or wife was living within seven years before, or the Marriage severed by divorce. III. This felony shall cause no corruption of blood, or loss of dower, or inheritance. Boatmen, Watermen, Barges, Boats, etc. I. Stat. 26. H. 8.5. Justices of the Peace within the Counties of Gloucester and Summerset in Sess. shall bind keepers of Ferries over Severne by Recognisance with good sureties, that they shall not transport any Passenger out of England into Wales, or the Forest of Deane, or from thence into England before Sun rising, or after Sun set, unless such as they know, and will answer for; And besides the parties so offending shall thereby incur fine and imprisonment. II. Stat. 2. and 3. P. M. 16. At the first Court of Aldermen in London next after the first of March, out of the Watermen betwixt Gravesend and Windsor, there shall be eight chosen for overseers, which shall have power to keep good order amongst the rest. III. Two Watermen shall not carry any, but where one of them hath exercised that profession two years before that time, and hath been allowed by the greater part of the said Overseers, under their known seal, in pain to be committed to one of the Counters by the said Overseers for one month, or for less time, as the offence may deserve. IU. No single man, which is no householder, nor retained as an Apprentice, or as a servant for one year at least shall exercise that profession, betwixt the places aforesaid, in pain of like imprisonment. V The Lord Maior, and Aldermen of London, and the Justices of Peace within the Counties adjoining to the River of Thames, upon complaint of any two of the Overseers, or of any Waterman's Master, have power not only to hear and determine any offences committed against this Act, and to enlarge any Waterman, unjustly imprisoned by the said Overseers, but likewise to inflict punishment upon the Overseers themselves, in case they shall unjustly punish any person by colour of this Act. VI A Wherry that is not twenty two foot and a half long, and four foot and an half broad in the Midship, and sufficient to carry two persons on one side tied, shall be forfeit; in which Case the King and Queen shall have the one Moiety, and the Informer the other. VII. The Waterman, that withdraweth himself in time of pressing, it being proved by two witnesses before the said Mayor, Aldermen, or Justice, and two of the said Overseers, shall suffer a fortnight's imprisonment, and shall be prohibited to row any more upon Thames for a year and a day after. VIII. The Overseers shall not only call the Watermen before them, direct them, and Register their names, but likewise examine their boats before they be launched, whether they have due proportion and goodness according to this Act. IX. If the Overseers refuse or neglect their office, they shall forfeit 5. l. whereof the King and Queen shall have one Moiety, and the Informer the other. X. The Court of Aldermen shall assess the Fares of Watermen, which being subscribed by two of the Privy Council (at least) shall be set up in Guildhall, Westminster-hall, etc. And the Waterman that takes more than according to the Fares so assessed, shall for every such offence suffer half a years imprisonment, and forfeit 40. s. viz. the one Moiety to the King and Queen, the other to the Informer. XI. Stat. 1. Jac. 16. No Waterman shall retain any Servant or Apprentice, unless he himself hath been an Apprentice to a Waterman by the space of five years before, and not an Apprentice under the age of eighteen years, or for less time than seven years, in pain to forfeit for every such offence 10. l. viz. the one Moiety to the King, and the other to the Informer. XII. This Act shall not restrain Waterman's sons of convenient growth and strength, and formerly trained up in rowing, but that they may be allowed to serve as Apprentices, and to carry passengers from place to place at the age of sixteen years. XIII. The eight Overseers shall yearly upon the first of March, and the first of September cause openly to be read in their Common Hall, all their orders made, or to be made; in pain that every of them for every such default shall forfeit twenty nobles, viz. the one Moiety to the King, and the other to the Informer. Books, Images. I. Stat. 3. & 4. E. 6.10. All popish Books in times past used for service of the Church shall be utterly abolished and forbidden to be used within the King's Dominions. II. All persons whatsoever having in their custody any popish Books, or Images carved or painted, which have been taken out of, or yet do stand in any Church or Chapel, shall destroy the said Images and deliver the said Books to the Major, Bailiff, Constable or Churchwardens of the town, where such books than shall be, to be delivered over to the Archbishop, Bishop, Chancellor, or Commissary of the same Diocese, to the intent the said Books should be by them openly burnt, or otherwise defaced, in pain to forfeit, for the first default 10. s. for the second 4. l. and for the third imprisonment at the Kings will. III. The officer shall within three months deliver over the said Books unto the Archbishop, Bishop, etc. and they shall within forty days after burn or deface the same, or cause them to be burned or defaced, in pain to forfeit respectively 40. l. a piece, whereof one Moiety is given to the King, and the other to the Informer. IV. Justices of Assize, and Just. of P. in Sess. have power to inquire, hear and determine these defaults, and offences. V Images upon Tombs shall remain, unless the dead person have been commonly taken for a Saint. VI Primers set forth by H. 8. purged from sentences of invocation, or prayer to Saints, shall be still retained. S. Recusants, 17.123.124. Bows, S. Archery. Brass, Latin, Copper, Bell-metall, Pewter, etc. I. Stat. 19 H. 7.6. None shall sell, or change brass, save only in open Fairs and Markets, or in their own houses (except they be desired by the Buyer of such wares,) in pain of 10. l. 12. II. None shall cast or work Brass or Pewter, but according to the goodness of metal wrought within London, in pain to forfeit the same, viz. one Moiety to the King and the other to the finder. III. Hollow ware of Pewter called lay metal shall be wrought after the Assize of Lay metal in London, and shall be marked, in pain to forfeit the said wares, or (being sold) the price of the same to be divided as aforesaid. IU. None shall use (in the selling of Brass or Pewter) any false beams or weights, in pain to forfeit 20. s. to be divided betwixt the King and the prosecutor, and in case he be not able to pay it, he shall be (by the head officer) committed to the stocks, till the next Market day, and then stand upon the Pillory. V Searchers of Brass and Pewter in every City and Borough shall be appointed by the head officers of the same; and in every County by the Just. of P. at their Mich. Sessions. And in default of Searchers in Cities and Boroughs any other person (skilful in that mystery) by oversight of the head officers may take upon him the search of defective Brass, which being found either by him or the other searchers, shall be equally divided, as aforesaid. VI Stat. 4. H. 8.7. The Statute of 19 H. 7.6. is confirmed, and besides it is enacted, that in Cities and Boroughes search of defective Tin and Pewter shall be made by the. Wardens of the Craft of Pewterers, and in towns, where no Wardens are, searchers shall be appointed by the head-officers there, which said defective Ware shall be forfeited and divided, as in the former statute. VII. Stat. 25. H. 8.9. None shall buy or take by exchange any wares made of Tin or Pewter out of the Realm, in pain to forfeit them, and also the value thereof in money. VIII. Officers may search and seize wares brought into this Realm contrary to this Act. IX. No stranger borne shall work any Pewter or Tin in England in pain to forfeit the same. X. No Pewterer shall teach his trade in a foreign nation, in pain to lose the Privilege of an Englishman. XI. Licences and Placards to wandering Braziers and Pewterers shall be void. XII. The penalties mentioned in 19 H. 7. and in this present Act shall be equally divided betwixt the King and the finder. Stat. 33. H. 8.4. XIII. Stat. 33. H. 8.4. The statute of 25. H. 8.9. is confirmed. XIV. None shall withstand the search of Brass, tin, pewter, etc. in pain of 5. l. to be divided, as in the former Statutes. XV. Stat. 33. H. 8.7. and 2. E. 6.37. None shall convey out of this Realm Brass, Copper, Latin, Bell-metall, Pan-metall gunne-Metall, nor shroffe metal, clean or mixed, tin and lead only excepted. Bridges. I. Mag. Cart. 9 H. 3.15. No town nor Freeman shall be distrained to make bridges, or Banks, but such as of old time, and of right have been accustomed to make them. II. Stat. 22. H. 8.5. Four justices (1. Qu.) shall in Sessions inquire, hear and determine the annoyances of Bridges, and of the highways adjoining within 300 foot next unto the said Bridges, and shall also charge such as should repair them by sending forth process, or setting pains, as they shall think fit. III. When it cannot be known, what precinct should repair a Bridge, or way, they shall be repaired by the County, Riding, or Corporation, within which they are situate, and if they happen to be situate in two of such precincts, the Inhabitants there shall repair their several parts respectively. iv The said four Iust. have power to call before them the Constables, or two able men of every parish, and by their assent to make a tax and Collectors to levy the same by distress and Sale, and also to make Survey ours of the said decayed Bridges, and ways, unto whom the Collectors shall pay the money levied, which said Collectors and Surveyors shall render an Account unto the said justices upon pain of Imprisonment without Bail. V The said Iust. may in this case send process out of their jurisdiction, which the officers, to whom it is directed, shall obey and serve, in pain to be fined by the said justices. VI This Act shall not extend to the five Ports nor to the members of the same: save only, that their officers shall have such power to reform annoyances of Bridges and ways there, as the Iust. of P. have elsewhere by force of this Act. VII. The said Iust. shall allow to the said Collectors and Surveyors their reasonable charges. VIII. Stat. 3. Ja. 23. An Act for the new making and keeping in repair of Chepstow Bridge. Brewers. Stat. 23. H. 8.4. The forfeiture of a Brewer, that doth sell his vessels of Ale, and beer for more than they shallbe assessed at by the justices of the County, or the head officers of a Corporation within their several limits respectively, is x. s. for any vessel greater than a Barrel, 6. s. for a Barrel, 3. s. 4. d. for a kilderkin, 2. s. for a firkin, and 12. d. for every less measure to be equally divided betwixt the K. and the prosecutor. S. Purveyors, 56. Victual, 2.10. weights, 4.7.13. Buggery. I. Stat. 25. H. 8.6. Buggery shall be accounted felony and the Offender therein shall not have his Clergy. II. justices of P. have power to inquire, hear, and determine this offence. III. Stat. 5. El. 17. The Statute of 25. H. 8.6. is revived. Burglary, House-breaking. I. Stat. 3. & 4. E. 1. Hue and Cry shall be made after Burglers. II. Stat. 23. H. 8.1. Clergy shall not be allowed to any principal or Accessary that is found guilty of Burglary, when the owner, his Children or Servants shall be in the house, and put in fear, Stat. 1. E. 6.12. by night or by day, Stat. 4. & 5. P.M. 4. III. Stat. 25. H. 8.3. Clergy shall not be allowed to a Burgler, that stands mute, or makes peremptory Challenge of above xx. Stat. 1. E. 6.12. IV. Stat. 5. & 6. E. 6.9. Clergy shall not be allowed, although the Burglary be committed without the notice of the owner, Children or Servants, any of them being within the house, or precincts of the same; So it is also for Burglary committed in Booths, or Tents. Stat. 18. El. 7. V Stat. 39 El. 15. Clergy shall not be allowed to any that feloniously takes away any thing in the day time, amounting to the value of 5. s. out of any dwelling house or outhouse, although no person be within or near the same. S. Clergy. Felony, 15. Burning of Houses, etc. I. Stat. 23. H. 8.1. Clergy shall not be allowed to the principal or Accessary that is found guilty of the malicious burning of a dwelling house or a Barn of grain. Stat. 4. & 5. P.M. 4. II. Stat. 25. H. 8.3. Nor to the wilful Burner of a house (according to the tenor of 23. H. 8.1.) which stands mute, or makes peremptory Challenge of above xx. Stat. 4. & 5. P.M. 4. Includes the Accessary also. III. Stat. 37. H. 8.6. For the malicious burning of veins or Carts loaden, Heaps of wood, or the frame of a house, the offender shall suffer as in case of Felony, and shall forfeit his goods and profits of his lands during his life, but his wife shall have her Dower, and his heir the inheritance, only out of profits of the lands the heir shall satisfy damages to the party grieved. S. Bailement, 1. Clergy. Butchers. I. Stat. 51. H. 3. Butchers that sell contagious flesh, or that died of the Murrain, shall be presented and punished. II. Stat. 4. H. 7.3. Butcher's shall kill no Beasts in London, any walled town, or Cambridge (except Berwick and Carlisle) in pain to forfeit for every Ox, 12. d. and for every other Beast 8. d. to be equally divided between the K. and the prosecutor. III. Stat. 3. & 4. E. 6.19. A Butcher shall not buy Cattles, and sell the same again alive, in pain to forfeit the one half to the K. and the other to the prosecutor. Note that the Statute of 24. H. 8.9. which prohibiteth Butchers to kill weaning Calves under the age of two years is expired. See 21. Jac. 28. S. Forestallers, 5. Leather, 13. Victual, 2.10. Weights. 14. Butter, Cheese. I Stat. 3. & 4. E. 6.21. None (except Inholders, and Victuallers in their houses) shall buy any Butter or Cheese to sell again, save only by retail in open shop, Fair, or Market, and so, not above a weigh of Cheese or a Barrel of Butter at one time without fraud, in pain to forfeit double the value thereof, to be equally divided betwixt the K. and the prosecutor. II. Stat. 21. Jac. 22. The Statute of 3. & 4. E. 6.21. shall not extend to the retailers of Cheese in London, Westminster, or Southwark, having served seven years in that trade, and not uttering above 4 weigh of Cheese, or 4. barrels of Butter at one time, without fraud. III. Justices of P. in Sessions have power to restrain the retailing of Butter & Cheese, during which restraint those that retail shall be liable to the penalty of 3. & 4. E. 6.21. and 5. & 6. E. 6.14. which see in Forestallers. S. Corne. 1. Butts, S. Archery. Buying of Titles, S. Mainteynance. Calves, S. Leather. 12. Captains, Soldiers, Musters, Mariners. I. STat. 1. E. 3.5. No man shall be compelled to arm himself otherwise then in times past, neither shall any man be compelled to go out of the Shire, save where necessity requires, and the sudden coming of strange enemies into the Realm, and then it shall be done as in times passed for the defence of the Realm. II. Stat. 1. E. 3.7. Whereas Commissioners have heretofore prepared men of Arms, and conveyed them to the K. in Scotland, Gascoine, or else where, at the Charge of the Shires, whereby the Commons have been much impoverished: The King will, that it shall be done so no more. III. Stat. 18. E. 3.7. Men of Arms, Hoblers, and Archers chosen to go in the King's service out of England, shall be at the King's wages from the day that they depart out of the Countries, where they were chosen, till their return. IV. Stat. 25. E. 3.8. None shall be bound to find Arms, but by tenure of Land, or grant in Parliament. V Stat. 18. H. 6.19. It is felony for a Soldier (retained to serve the King in his wars) not to go with or departed from his Captain without Licence. VI Officers shall arrest Soldiers, which within their term limited come on this side the Sea without Letters Testimonial of their Captain, and shall retain them, until the cause of their return be tried. VII. Justices of P. have power to hear and to determine their offences. VIII. Stat. 7. H. 7.1. A Captain, which shall not have the whole number of his Soldiers, or not pay them their due wages within six days after he shall have received them, shall forfeit all his goods and Chattels and suffer Imprisonment, 25. IX. It is felony for a Soldier retained to departed from his Colours without Licence, for which he shall not enjoy the benefit of his Clergy, 15. X. Justices of P. have power to inquire, hear, and determine this offence of departing without Licence, and the trial thereof shall be in the same County, where the Soldier is apprehended, 15. XI. This Act shall not be prejudicial to Captains: when Soldiers die, or otherwise departed without any default of theirs; so that they therewith acquaint (at Land) the Treasurer of the wars within ten days after, or (at Sea) the Admiral at their next meeting with him. XII. Stat. 3. H. 8.5. This act is in all parts the same with 7. H. 7.1. save only that it shall not extend to Captains & Soldiers in Barwick, Wales, Calis, & other places in France: nor to Captains having under them Retinue of Soldiers, or for nonpayment of the King's wages to Captain's household servants. XIII. Stat. 2. &. 3. E. 6.2. A Soldier that maketh away his horse or Arms (proof thereof being made before the chief Commander) shall suffer imprisonment without Bail, until he hath satisfied the party, at whose charge he was sent out. XIV. If such a Soldier escape from the Army without punishment, he shall be liable to the same to be inflicted upon him by any Justice of P. in those parts, where he shall be apprehended, unless he bring sufficient testimony from the Commander, that the horse, or Arms were otherwise lost, or employed in the King's service. XV. It is felony (without benefit of Clergy) for a Soldier retained, to departed without licence of his Commander, whereupon Jusitces of P. may proceed as in case of felony. XVI. The Commissioner or Captain, that licenceth any person retained, and assumeth another for gain, or which giveth to any licence to departed without warrant from the Commanders, shall forfeit xx. l. to the K. for every person so let go. XVII. The Lieutenant general, or other officer, which receives more wages for Soldiers then there is cause, and doth not every month (by a note in writing) acquaint the Treasurer of the Army with every Soldier's entry into pay, death, or departure, shall forfeit 5. l. to the K. suffer one month's Imprisonment, and lose his place. XVIII. None but the Commander shall licence any in pain of Imprisonment both of the Licencer and Licenced at the discretion of the said Commander. XIX. The Lieutenant general shall command this Act to be proclaimed in the Army once every month, and every Governor in his Fortress once every three months. XX. Every person which shall inform the Lieutenant of any of these offences, shall have a months pay, belonging to him that is faulty. XXI. This shall not prohibit officers to retain yearly 6. s. 8. d. for the Coat of a yeoman; and 13. s. 4. d. for that of a Gentleman, neither shall it be prejudicial unto them, when the lack of Soldiers is not through their default, nor when they have under them a retinue of Soldiers, nor for nonpayment of the K. wages to their household Servants; neither shall it extend to prohibit relief of tenants or friends towards service in war, or the detaining of Soldier's wages upon lawful Causes. XXII. Stat. 4. & 5. P. & M. 3. He which absenteth himself from the Musters, or doth not bring thither his best furniture, shall by the Commissioners be committed to Prison without Bail, unless he immediately agree to pay xl. s. to the K. and Q. which shall within two months be estreated in the Exchequer by the said Commissioners, or any two of them. XXIII. Commissioners and others in authority taking any reward to discharge Soldiers, shall forseite ten times so much. XXIV. The one moiety of the abovesaid forfeitures is given to the K. and Q. and the other to the prosecutor. XXV. A Captain or other officer, which detains his Soldier's wages shall forfeit three times so much unto the same Soldier. XXVI. Just. of Ass. Just. of P. and Stewards in leets have power to hear and determine these offences, and the Just. of Ass. or P. upon Conviction of the offender may commit him to prison without Bail, until he hath satisfied the abovesaid penalties to the K. Q. and prosecutor, or where there is no prosecutor to the K. and Q. alone. XXVII. Offences committed during the time of Service, shall be heard and determined by the chief Commander. XXVIII. This Act shall not discharge service of wars incident to the tenure of Land. XXIX. The offender of this Act shall not be twice punished for the same offence. XXX. None shall under colour of Service of war incident to the tenure of land exact any other thing, then what shall be employed in present service, and shall be restored again to the owner, when the service is done, at least so much thereof, as shall not be spent or lost in the service. XXXI. Inhabitants within Cities, Boroughes and Corporations shall be mustered at home by the head officer and one other (at least) to be joined with him by Commission, or otherwise. XXXII. Stat. 5. El. 5. The Stat. of 18. H. 6.19 shall in all points extend to Mariners and Gunners, aswell as to Soldiers. XXXIII. Stat. 39 El. 17. Wandering Soldiers, and Mariners, and all others wand ring as Soldiers or Mariners, which will not settle themselves to work, or have not a testimonial under the hand of some one Just. of P. near the place of their landing, setting down the place, where they landed, the place whither they are to pass, and the time of their passage, or having a testimonial exceed the time therein limited above fourteen days; or Sergeant a testimonial, or produce one which they know to be counterfeited; shall in all these cases suffer as Felons without benefit of Clergy, 51. XXXIV. Iust. of Ass. G. D. and of P. in their Sess. have power to proceed against these offenders as in case of felony without Clergy, unless some sufficient man (allowed by the justices) will enter into a Recognisance of x. l. to the Q. to retain the offender for one whole year, and to bring him to the next Sess. of P. & G. D. after the year ended. And if he within the year depart that service without licence, he shall afterwards suffer as a fellow without Clergy. XXXV. Soldiers or Mariners, which fall sick in their passage home, shall be excused, though they exceed the time limited in their testimonial, So that they perform this Act in convenient time after their Recovery. XXXVI. If, when they come home, they cannot get work, the two next Just. (upon their complaint) shall take order, that they may be provided of work, or otherwise shall tax the whole hundred for their Relief until work may be had. XXXVII. The Soldier or Marrinet (licenced by a Iust. of P. to whom he shall make his poverty known) having not wherewithal to bear his charges home, may ask and take Relief, So it be in his direct way home, and within the time limited by his Licence. XXXVIII. These offences shall cause no Corruption of Blood. XXXIX. Stat. 43. El. 3. The more part of the Just. of P. yearly in their Easter Sess. have power to charge every parish towards a weekly relief of maimed Soldiers, and Mariners, so that no parish pay weekly above 10. d. nor under 2. d. nor any County, which consists of above 50. parishes pay above 6. d. one parish with another; which sums so taxed shall be assessed in every parish by the parishioners or (in their default) by the Churchwardens and Constables, or (in their default) by the next Justice or Justices of Peace. XL. The Const. or Churchw. of every parish have power to levy the tax of exery person refusing to pay it, by distress, and Sale, and (in their default) the said Justice or Justice's next adjoining. XLI. The tax being thus levied, the Const. or Churchw. shall deliver it quarterly (ten days before every quarter Sess.) to the high Const. of their Division, who shall deliver it over to the Treasurers of the County at the same quarter Sess. XLII. The Treasurers shall be Subsidy men, viz. of x. l. in lands or xv. l. in goods, and shall not continue in their office above one year, rendering up their Accounts yearly at Easter Sess. or within ten days after, to their Successors. XLIII. The officer or his executor, etc. that fails in payment of the Sums levied, shall forfeit viz. the Churchw. or Const. xx. s. & high Constable xl. s. which the Treasurers have power to levy (by distress and Sale) in augmentation of their Stock. XLIV. The Treasurer or his executor, etc. that hath been negligent to execute his office, or to render the Account within the time above limited, shall be fined by the I. of P. in the Sess. 5 l. at least. XLV. The maimed Soldier or mariner, which was pressed, shall repair (if he be able to travel) to the Treasurers of the County, where he was pressed, if he were not pressed, then to the Treasurers of the County, where he was born, or where he last dwelled by the space of three years, at his election. But if he be not able to travel, then to Treasurers of the County, where he lands. XLVI. He shall bring to any of the Treasurer's aforesaid a Certificate under the hand and Seal of the chief Commander, and of the Captain, under whom he served, containing the particulars of his hurts and services; which Certificate shall be also allowed by the Muster-Master, General, or the Receiver general of the Muster-Rolls under one of their hands. XLVII. Upon such a Certificare the Treafurers aforesaid may allow him Relief to maintain him until the next Q. Sess. at which the more part of the Justices may allow him a pension, which the Treasurers shall pay him quarterly, until it shall be revoked, or altered by the said justices, And this Allowance to him, that hath not borne office, shall not exceed x. l. To an officer, under a Lieutenant xv. l. and to a Lieutenant xx. l. XLVIII. When Soldiers, or Mariners arrive far from the place where they are to receive relief, the Treasurers there, shall give them relief and a Testimonial, whereby they may pass from Treasurer to Treasurer until they shall come at the place required, and this shall be done, upon the bare Certificate of the Commander, and Captain, although they have not as yet obtained any allowance thereof from the said Muster-Master, or Receiver general of the Muster Rolls. XLIX. The Treasurers shall register their Receipts and disbursments and enter the names of the parties relieved, and also the Certificates, by warrant whereof the disbursments are made, The Muster-Master also, or Receiver aforesaid shall register the names of the parties, and the Certificates by him allowed; And the Treasurer returning or not allowing the Mustermasters Certificate shall hereupon subscribe, or endorse the cause of his disallowance. L. justices of P. in Sess. have power to fine a Treasurer, that wilfully refuseth to give relief, which any two of them (appointed by the rest) may levy by distress, and Salc of his goods. LI. A Soldier or Mariner, that begs or counterfeits a Certificate shall suffer punishment as a common Rogue, and shall lose his pension if he have any, 3.3. LII. The Surplusage of this Contribution shall be employed by the more part of the Justices in Sess. upon charitable uses, according to Statutes made for relief of the poor, and punishment of Rogues. LIII. In Corporations the Justices there shall put this Act in execution and not the justices of the County, and shall be liable to fines, as well as other justices, if they misuse their power therein, and shall appoint a Collector of this tax, which shall have the power, and be subject to the penalties limited (by this Act) to high Constables of Counties. LIV. The forfeitures accrueing by this Act shall be employed as the Surplusage abovesaid, or otherwise kept in angmentation of the Stock, as the more part of the Justices in Sess. shall direct. LV. When out of the County, where the party was pressed, a fit pension cannot be satisfied, it shall be supplied by the Counties, where he was born, or where he last dwelled by the space of three years. LVI. This Act shall not prohibit the City of London to make a tax (if need require) differning from that above limited (35.) so that no parish pay above 3. s. weekly, nor above or under 12. d. weekly one parish with another. S. Boatmen, 7. Felony, 16. Recusants, 112. Carman, S. Holidays, 2. Carier, S. Badger, Holidays, 2. , Sheep. I. Stat. 3. H. 6.2. None shall transport Sheep beyond Sea without the King's Licence, in pain to forfeit them. II. Stat. 25. H. 8.13. None shall keep in his own possession at one time above two thousand Sheep in pain to forfeit for every sheep kept abvoe that number 3. s. 4. d. to be prosecuted for a Subject within one year, and for the King within three; But here Lambs shall not be accounted at Sheep till Midsummer twelve month after their fall. III. If any happen to have more sheep than two thousand by reason of any executorship or Marriage, they shall not be impeached by this Law, So that within one year after they put off so many, that at the end of that year they may not have above two thousand: neither shall a Child during his nonage (nor any person for him) be endamaged by this Act, which Child shall have by legacy above 2000 Sheep given him. IV. justices of P. have power to hear and determine the offences committed against this Act, but shall not set a less fine, then is limited by the same. V Every temporal Subject may keep upon his own demeasne lands as many Sheep as he will, or for the maintenance of his house, above the number of 2000 notwithstanding this Act. VI How Fouldcourse and quillets of Lands in Norfolk and Suffolk shall be used, and to which quillers this Statute shall extend, see the Statute at large. VII. A thousand of Sheep (meant by this statute) shall be accounted after the rate of fixscore to the hundred. VIII. None shall take to farm above two Farms together, unless both the Farms be situate in the same parish where he dwells, in pain to forfeit 3. s. 4. d. for every week he takes the profits of them. IX Spiritual persons shall keep Sheep, as they have used to do, notwithstanding this Act. X. Stat. 3. & 4, E. 6.17. None shall buy any but in open fair or Market, and not sell the same again in the same fair or Market in pain to forfeit double the value thereof. XI. Stat. 2. & 3. P. & M. 3. He that keepeth above 120. Sheep or 20. Beasts upon several pasture ground apt for milch cows, & not commonable shall yearly for every 60, Sheep or 10. Beasts keep one milch cow, and for every 120. sheep or 20. Beasts rear up one Calf in pain to forfeit for every Cow or Calf not so kept or reared xx. s. viz. the one moiety to the K. and Q. the other to the prosecutor, if he commence his suit within one year after the offence committed. XII. Just of P. in Sess. have power to hear and determine the Breach of this Statute. XIII. This Act shall not bind those, which keep sheep or feed Beasts only for their own provision. XIV. Stat. 8. El. 3. None shall transport sheep beyond Sea, in pain to forfeit all his goods, to suffer one year's imprisonment, to have his hand cut off in some open Market, and for the second offence to suffer death as a Felon. XV. This Statute shall not extend to Corruption of Blood or forfeiture of Dower. XVI. Just. of G. D. and Just. of P. have power to hear, and determine this offence. XVII. The aforesaid goods forfeited shall be divided betwixt the Q and the prosecutor. XVIII. Stat. 7. Jac. 8 the Statute of 2. & 3. P. & M. 3. Shall extend as well to grounds which have been or shall be made several after, as to those made several before the making of the same Statute. See But cheers. 3. Forestallers. 7.10. Certificate. I. Stat. 34. H. 8.14. All Clerks of the Crown, Clerks of Assize, and Clerks of the Peace shall certify the effect of all Indictments, outlawries, convictions, or Attainders (taken before them) into the King's Bench within 40. days after the taking of them, if it be then term time, if not, then within 20. days after the beginning of the Term next ensuing, in pain to forfeit for every default 40. s. to be divided betwixt the K. and the prosccutor. II. The Clerk of the Crown shall certify the effect of such indictments, etc. unto Just. of G. D. or Just. of P. which writ for the same, in pain to forfeit for every name not certified, 40 s. III. This Act shall not extend to Clerks of the Crown, P. or G. D. or to Prenotaries in Wales, Chester, Lancaster, or Duresme. Certiorari. State. 6. H. 8.6. The Justices of the King's Bench have power to remand Prisoners and Indictments (removed thither by writ) into the country where the offences were committed, and also to command the Just. of G. D. and of P. to proceed there against them according to Law. See Bailement, 10. Supersedeas, 3. Challenge. Stat. 22. H. 8.14 None arraigned for Petty Treason, Murder or Felony shall be admitted to any peremptory challenge above the number of xx. Champerty, S. Maintenance. Cheese, S. Butter, weights, 37. Citation, S. Ecclesiastical Court, 8. Clergy. I. Stat. 3. E. 1.2. A Clerk convict for felony, and delivered to the Ordinary shall not be enlarged without due Purgation. II. Stat. 4. H. 4.3. A Clerk convict shall make purgation according to a Constitution made by Simon, sometimes Archbishop of Canterbury. III. Stat. 4. H. 7.13. The benefit of Clergy shall be allowed but once. iv A convict person shall be marked openly before the Judge upon the brawn of his left thumb, viz. with an M. for Murder, and with a T. for any other Felony. V He that is within orders upon ask of his Clergy, shall show his orders, or his Ordinaries Certificate. VI Stat. 23. H. 8.1. None (except Clerks within orders) which by the Law shall be found guilty of Petty Treason, Murder, Sacrilege, burglary, Robbery, or houseburning, nor their accessaries shall be admitted to the benefit of Clergy. VII. A Clerk within orders, being principal or Accessary to any of hte offences abovesaid, shall not be admitted to his purgation nor be enlarged by the Ordinary, until he shall have bound himself with two good sureties before two Just. (1 Q.) to be of good behaviour. VIII. The Ordinary may degrade a Convict person, and send him to the King's Bench, where the Justices shall have power to give Judgement upon him, according to which he shall be executed. IX. Stat. 25. H. 8.3. None shall have benefit of Clergy, which being accused of any of the offences mentioned in 23. H. 8.1. are found guilty, stand mute, challenge above xx. or answer not directly, although the offence were committed in another County then where they are tried. X. Stat. 28. H. 8.1. Such as be within holy orders shall receive no other benefit of Clergy than others do Stat. 32. H. 8.3. XI Stat. 1. E. 6.12. All Felons shall have the benefit of Clergy save only such as are found guilty of Murder, poisoning, Burglary, Robbery, Horsestealing, or sacrilege, or which upon their Arraignment for any of the same offences confess the same, stand mute, or make no direct answer thereunto. see 2.3. E. 6.33. XII. A Pecre of the Realm for his first offence of Felony, though he cannot read, shall be admitted to his purgation, as a Clerk convict. XIII. Stat. 4.5. P. M. 4. Accessaries (before the face) which are found guilty of Petty Treason, Murder, Burglary, Robbery, or house-burning, or which upon their Arraignment for these offences, stand mute, challenge above xx. or answer not directly, shall not enjoy the benefit of Clergy. XIV. Stat. 8. El. 4. He that is delivered to the Ordinary, and admitted to his Clergy, shall (notwithstanding his Purgation) answer for offences formerly committed. XV. Stat. 18. El. 7. An offender admitted to his Clergy, after burning in the hand, shall not be delivered to the Ordinary, as hath been used, but shall thereupon be enlarged by the Justices, before whom such Clergy shall be granted, or by them detained longer in Prison at their discretion; so it be not for longer time than one whole year. XVI. He that shall be admitted to his Clergy, shall notwithstanding that, answer for other felonies. XVII. Stat. 1. ja. 8. He that stabs or thrusts any person not having a weapon drawn, or not striking first, so that he dies thereof within six months after, although it be not of malice forethought, shall not enjoy the benefit of Clergy. XVIII. This Act shall not extend to charge any with stabbing or thrusting when it is done only Se defendendo, by misfortune, or in chastising his Child or servant with no purpose to commit Manslaughter. S. Burglary. Clerk of the Peace. I. Stat. 37. H. 8.1. The Custos Rotulorum shall appoint the Clerk of the Peace, who may execute the same Office, by a deputy if he please. II. This Act shall not restrain the Archbishop of York, the Bishops of Duresme, or Ely, nor any other, who by the King's Letters Patents, or otherwise, have (before the making of this Act) power to choose a Clerk of the Peace within any precinct or liberty. S. Badger. 3. Certificate. 1. Clerk of the Crown, S. Certificate. Clerk of Assize S. Certificate. Clerk of the Market, S. Weights. Cloth. S. Drapery. Coin, S. Money. Commons, S. Horses. Commissions, S. Just. of P. Coneys, S. Hunting. Conjuration, S. Witchcraft. Conspiracy, S. Labourers, 3. Masons. Conspirators. I. Who be Conspirators, See Stat. 33. E. 1. II. Their punishment, and what Justices shall inquire of them, viz. Just. of both the Benches, & of Assize, See Stat. 28. E. 1.10. Mainteynance, 8. S. Felony. Convictions, S. Certificate, 1. Cooks, S. Victual. Copper, S. Brass. Corne. I. Stat. 2. P. M. 5. None shall transport any Corn, Bcere, Butter, Cheese, Hearing or wood beyond the Seas, or into Scotland, in pain that the owner shall forfeit the Vessel, wherein it shall be carried, the owner of the goods double that value, and the Master of the ship all his goods, and suffer one year's imprisonment without Bail; The one Moiety of these forfeitures to be to the K. and Q. and the other to the prosecutor. II. If one licenced to transport Corn, victual, or wood, transport more than his licence will warrant, he shall forfeit the triple value and suffer one years' imprisonment without Bail. III. He that hath licence to transport Corn, victual or wood, shall embark all at one place, in pain to forfeit the same, and besides all his goods: The one Moiety to the King and Queen, and the other to the prosecutor. IV. Justices of Peace (within three years after the abovesaid offences shall be committed) have power to hear and determine the same, and also to examine the Masters and Mariners of ships concerning the premises. V This Act shall not restrain lthe transportation of Grain when Wheat is sold for 6. s. 8. d. Rye for 4. s. & Barley for 3 s. the quarter (save only to the K. and Q. enemy's) nor the victualling of ships, nor be prejudicial to the Admiral's jurisdiction. VI Stat. 13. El. 13. The Lord precedents, and the Counsels in the North and Wales, the Justices of Assize in their Circuits, and the Justices of Peace in their Sessions have power to licence or prohibit the transportation of Corn at their discretions, Provided their order be first approved by the Queen or her Council, which also may be countermanded by the Q. proclamation, if there be cause for it. VII. Stat. 3. Car. 4. Corn may be transported to the King's Allies, when wheat is sold for 32. s. Ry for xx. s. Pease and Beans for 16. s. and Barley or Malt for 16. s. the quarter or under. S. Badger, Forestallers, 6.10. Corners. I. Stat. 3. E. 1. Officium Coronatoris, See the Statute at large. II. Stat. 3. H. 7.1. A Coroner shall execute his office according to law, in pain of 5. l. and shall have for his Fee, 13. s. 4. d. of the goods of the Murderer, if he have any; if not, then out of such Amerciaments as shallbe set upon the Towneship, that suffered the Murderer to escape. III. Stat. 1. H. 8.7. Where one is slain by misadventure, the Coroner shall then also execute his office without Fee, in pain of 40. s. IV. Justices of Peace have power to inquire of, and punish the defaults and extortions of Coroners. V Stat. 1.2. P. M. 13. The Coroner shall bind by Recognisance all such as can declare any thing material against the Murderer to appear at the next G. D. and shall there make Certificate of the said Recognisance, as also of the Evidence and inquisition taken before him, and all this, in pain to be fined by the Just. of the said G. D. Costermongers, S. Victual, 10. Cottages. I. Stat. 31. El. 7. None shall erect, or convert a Building to be a Cottage for habitation, unless he lay four acres of land of an Inheritance so near unto it, that they may be conveniently occupied with it, in pain to forfeit to the Q. Majesty x. l. for every such erection or Conversion, and 40. s. a month for the Continuance. II. No owner or occuptier of any Cottage shall place or willingly suffer any more families than one to cohabite therein, in pain to forfeit to the Lord of the Leet x. s. for every month he so continues them together. III. Justices of Assize, Justices of Peace in their Sessions and Lords of Leets have power to hear and determine these offences. iv This Statute shall not restrain the erecting, making or continuing of Cottages in Market towns, or for Labourers in mines or quarries within one Miles distance from the said Ours or Quarries, or Seafaring men within one Miles distance from the Sea or a Navigable River, or for a Keeper, Warrener, shepherd, Herds man, or impotent person. Covin, Collusion, S. Actions popular, 1, 2, 3, 4. Counterfeit Letters, or tokens. I. Stat. 33. H. 8.1. A person convict of getting into his hand money or goods by a false token, or Counterfeit letter, shall suffer such corporal punishment, as shall be prescribed by them, before whom he shall be so convicted, death only excepted. II. The Lord Keeper, the Star Chamber, Justices of Assife, Justices of P. in Sess. and Just. of P. in Corporate towns, have power to hear and determine this offence. III. Two Just. of P. (1. Qu.) have power to commit or bind over such an offender to the next Assize or Sess. iv The party grieved (notwithstanding the punishment inflicted) is left to his remedy at law for the Recovery of his goods against the party offending. Counterfeiters of the King's Seal or Coin, S. Bailment, 1. Cooper's. 1. Stat. 8. El. 9 Cooper's shall sell their Ale, Becre, and Soap Vessel at such rates, as shall be prescribed by I. of P. in their Sess. after Easter, in pain to forfeit 3. s. 4. d. for every Vessel otherwise sold. Crossbows, S. Guns. Currier, S. Leather. Cursing, S. Swearing. Custom, Customers, S. Actions popular, 15, 18. Recusants, 75, 94. Cutpurse, S. Robbery. Cutting out off tongues, etc. S. Felony, 5. Cutting off a pond head, S. Fishing. Deeds, S. Inrolment. Dear, S. Hunting. Divine Service, S. Sacraments Dying and Dyers, S. Drapery. Drapery, Clothing. I. STat. 3.4. E. 6.2. Just. of P. & Head-officers shall in their several precincts appoint and swear overseers, for the due observing of this Statute concerning the well ordering of Cloth. 9 II. An overseer so by them chosen, shall undertake that office, in pain of xl. s. and none shall interrupt him in the execution of his office in pain of xx. l. III. The forfeitures for defaults in Cloth making (mentioned in this Statute) shall be recovered in any of his Majesty's Courts of Record or before Just. of P. in their several limits within one year after the offence committed, and the one Moiety thereof shall be given to the King, and the other to the Overseer, that discovers the said defaults, vide Stat. 5.6. E. 6.6. IV. Stat. 23. El. 9 Two Just. of P. of the County or the Head officer of a Corporation may command logwood (which some deceitfully use for Dying of Cloth) to be seized and openly burnt. V Stat. 39 E. 11. A Just. of P. of the County or Head officer of a Corporation (being also a Just. of P. there) have power to call before them, and examine the Servants of persons suspected to use logwood in dying, and (if they shall find cause) to bind over to the next Qu. Sess. both the evidence, and party offending, and upon the Delinquents refusal to be bound shall commit him to prison till he find sureties: They shall also certify in at the same Sess. the examinations by then taken, where, if the party offending be convicted, he shall suffer the Pillory and forfeit xx. l. the one Moiety to the Q. and the other to the prosecutor. VI Stat. 39 El. 20. None shall stretch, or strain any Clothes made on the North side of Trent in pain of five pounds, nor use any Engine to that purpose in pain of xx. l. VII. Northern Clothes shall be made of such weight, length, and breadth, as by former Statutes is provided upon the pains in the same Statutes contained. VIII. A seal of lead shall be set to every Northern Cloth expressing the length and weight thereof, in pain to forfeit the same: And here, the offender shall also forfeit for every yard, that it wants of due length, 4. s. and for every pound, that it wants of due weight, 2. s. IX. Overseers shall be appointed and sworn in the County by two Just. of P. & in Corporations by the head officer calling to him the next Just. of P. to make search once a month at least for defects in Northern Clothes, and if they shall find any stretched, strained or sealed with false seals, they shall make presentment thereof at the next Qu. Sessions: And here, he that denies, or withholds any faulty Clothes shall for the first offence forfeit x. l. for the second xx. l. and for the third (being thereof lawfully convicted by verdict and two witnesses) shall suffer the Pillory. X. The Overseer, that refuseth to appear, or to undertake that office, shall forfeit 5. l. the one Moiety to the Queen, the other to the officers that made him overseer. XI. The overseers shall fix a Seal of lead tosuch Clothes expressing the length and breadth of the same together with the word Searched, which shall exempt them to be searched else where. XII. If any (save the said overseers) set to or take away any seal from the said Clothea without warrant, they shall forfeit to the Queen for the first offence x. l. and for the second (being thereof lawfully convicted by verdict, and two Witnesses) xx. l. and besides suffer the Pillory. XIII. Justices of P. Headconstables and overseers shall search & seize ropes, wrinches & other Engines used for the unlawful stretching of Northern Clothes, and none shall withstand them upon the forfeitures above mentioned for resisting the Overseers, 9 XIV. The Justice, that shall be found negligent in the due execution of this Act, shall forfeit 5. l. And this and all other forfeitures of this Act (except that mentioned Clause, 10.) shall be divided into three parts, whereof the Queen is to have one, the Informer another, and the poored of the place, where the offence is committed, the third. XV. Justioes of P. have power to hear and determine these offences in their Sess. and Just. of Assize to convict the Just. of P. that are negligent upon proof by two witnesses, but upon neglect of justice by the said Justice of P. and Just. of Assize the abovesaid penalties are recoverable in any other Court of Justice, and in that case the one half thereof shall go to the Q. and the other to the Informer. XVI. The owners of Northern Clothes brought up to be sold in London shall cause them to be brought to Blackwell Hall to be searched dry without wetting, in pain of xl.s. but here the Searcher shall not make his search at such times, when it may be a hindrance to the owner's market, in pain of v. l. These penalties are likewise given to the Queen, and the Informer. XVII. Stat, 7. Jac. 7. The Sorrer, Carder, Kember, Spinster, or Weaver of Wool or yarn, that shall be found (by his own confession or the testimony of one Witness) to imbecile, or detain any part thereof from the true owner, shall incur whipping, and the stocks, to be inflicted upon them in the Country by any two Just. of P. and in a Corporation, by the Head officer and another joined with him; And here also the Receiver there of shall incur the like punishment, and those also in Essex, which use a Reel less than two yards about. XVIII. Stat. 7. Jac. 16. Certain course Clothes made in the North shall not be searched or sealed, nor any Custom or Aulnage paid for them. XIX. Stat. 21. Jac. 18. Divers good provisions for the well ordering of Cloth, and divers penalties to be inflicted for the deceitful making of the same. XX. Any two Just. of P. may call before them any person suspected for making deceivable Cloth, and if upon confession of the party or testimony of two witnesses they shall find any guilty thereof, and make Certificate accordingly under their hands and seals to the Churchwardens, and Overseers of the parish, where the offence is committed, those officers shall levy the penalties forfeitedby distress, the delinquent shall suffer imprisonment. See Labourers. 54. and Weights. 35. Drover, S. Badger, Holidays. 2. Drunkenness, S. Alehouses. Ecclesiastical Court. 1. STat. 21. H. 8.5. Nothing shall be given for the Probate of a Will or for letters of Administration when the goods of the Dead exceed not 5. l. save only 6 d. to the Scribe, or Register; Nevertheless the Judge shall not refuse to prove such a testament being exhibited unto him in writing with wax ready to be sealed, and proved communi forma, but shall dispatch the aprty without delay. II. For the Probate of a Will, and all other things concerning the same, when the goods of the dead exceed 5. l. but not xl. l. the Judge's Fee is 2. s. 6. d. and the Registers for registering of it, 12. d. and when they exceed xl. l. the Judge's Fee is 2. s. 6. d. as before, and the Registers as much: or the Registers may refuse the 2. s. 6. d. and take a 1. d. for every ten lines of the Will, each line being conceived. to contain ten Inches in length: And for these fees they shall dispatch the party without any frustratory delay. III. For letters of Administration, when the goods of the dead exceed 5. l. but not xl. l. the Officers Fees are only 2. s. 6. d. IV. Lands devised to be sold. shall not be accounted any of the Testators goods. V The Judge shall not refuse to receive an Inventory indented which the executor or administrator tenders him in Court together with his oath to verify the same. VI The Fee for the copy either of a will or Inventory is the same with that above allowed to the Scribe for Registering the will, or else the Scribe or Register may take a x. d. for every ten lines of the length aforesaid. VII. The officer that takes more than his due Fee shall forfeit that excess to the party grieved, and besides x. l. to be divided betwixt the King and the said party grieved. VIII. Stat. 23. H. 8.9. The Fee for the seal of the Citation is 3. d. See Tithes. Egyptians. 1. Stat. 1. 2. P. & M. 4. He that transports into this Kingdom or Wales certain lewd people, which call themselves Egyptians, shall forfeit xl. l. II. Their continuing in England, or Wales by the space of a month, shall be adjudged Felony without Clergy. III. Hi that obtains Licence, letter, or Passport for them, shall forfeit xl. l. iv The forfeitures aforesaid shall be equally divided betwixt the K. and Q. Majesties, and the prosecutor. V Stat. 5. El. 20. Any person whatsoever consorting with Egyptians by the space of a month, shall be adjudged a fellow without Clergy. VI This act shall not include Children within fourteen years of Age, nor People in Prison, so they void the Kingdom within fourteen days after tehy shall be enlarged, or reform their course of life. VII. None borne within this Kingdom and Wales shall be compellable to void the Land by the Stat. of 1.2. P. M. 4. but only to leave their naughty Course of life. Embracery, S. Maintenance. Enditements, S. Indictments. Inquests, S. Jurors. Escapes, S. Felony. 7. Escheators. 1. Stat. 23. H. 6.17. An Escheator shall not take above xl. s. for the execution of one Writ in one County, and that only when his labour and Costs require it, otherwise he ought to take less. II. Stat. 12. E. 4.9. None shall take upon him to be an Escheator or Deputy to an Escheator, unless the Escheator himself hath Freehold within the County worth xx. l. per Annum, in pain of xl. l. III. His Deputy or Farmor shall be a sufficient man, and shall Certify into the Exchequer his deputation within twenty days next after it is made, upon the like pain of forty pound. IV. Justices of P. in Sess. have power to hear and determine these defaults, and to give Judgement for the recovery of the said forfeitures, which are to be distributed betwixt the K. and the prosecutor. V This Stat. shall not restrain Corporations, which have power by their Charter to appoint Escheators. VI Stat. 1. H. 8.8. No Escheator or other person whatsoever shall sit by virtue of any Commission to inquire of Lands unless his lands be worth forty marks per Annum in pain of xx. l. VII. Stat. 33. H. 8.22. An Escheator shall not take for the finding of an office of lands, that exceed not the clear yearly value of 5. l. per Annum, above 15. s. viz. for his own Fee 6. s. 8. d. for writing the office 3. s. 4. d. for the charges of the Jury 3. s. and for the officers above, that are to receive the office, 2. s. Estreates. 1. Stat. 9 E. 3.5. Just. of Ass. G. D. and Oy. and Term. before they send their Records into the Exchequer, shall take Estreats out of them. II. Stat. 31. E. 3.3. A man or town charged in the Exchequer by the Estreats of the Justices with the detaining of the goods of fugitives, or Felons, shall be discharged upon producing another, that is chargeable. III. Stat. 42. E. 3.9. The party Chargeable by the Estreats of green wax, upon payment thereof shall see the schedules themselves under seal and totted, for default whereof, if he shall be afterwards damnified, the Sheriff shall pay him triple damages, to be recovered before Just. of P. or other Justices, and shall besides make fine to the King. S. Indictments, 5. jurors, 9 juft. of P. 18. Excommunicate persons, S. Bailment, 1. Fight, Sheriffs, 4. Extortion, S. Actions popular, 15. Fairs, S. Horses, 11, etc. 16, etc. Fasting days, S. Fishdays. Feasants, S. Hawkes. Felony. I. STat. 9 H. 3.22. The King shall have Annum diem et vastum in Felons lands, and then they shall be delivered to the Lords of whom they are holden. II. Stat. 3. E. 1.12. Notorious Felons, which refuse lawful trial, shall suffer strong and hard Imprisonment. III. Stat. 1. E. 2. It shall be Felony for any person to break Prison, being in for Feonly, otherwise not. IV. Stat. 5. H. 4.4. It is felony to multiply gold or Silver. V Stat. 5. H. 4.5. It is felony to cut out the tongue, or put out the eyes of any of the K. Subjects. VI Stat. 8. H. 6.12. Imbezeling of a Record, whereby any judgement shall be reversed, is Felony. VII. Stat. 1. R. 3.3. Justices of P. have in Sess. power to inquire of the Escape of Felons. VIII. Officers shall not seize the goods of any arrested, or imprisoned for suspicion of Felony before his conviction, in pain to forfeit double the value of the goods so taken. IX. Stat. 3. H. 7.14. Conspiring by any of the Kings sworn Servants, to destroy the King, any Lord, or Counsellor sworn, shall be adjudged Felony. X. Stat. 6. H. 8.6. The I. of the K. B. have power to remit out of that Court Prisoners committed for felony or Murder, to be tried in the country where the offence was committed XI. Stat. 21. H. 8.11. After Attainder of a Felon, the Justices before whom the Felony was tried, shall by a Writ of Restitution command the stolen goods to be restored to the right owner. XII. Stat. 22. H. 8.11. It shall be Felony to break downPowdike in Norfolk, and Oldfield dile in the Isle of Ely. XIII. Iust. of P. there have power to hear and determine this Offence. XIV. Stat. 24. H. 8.5. There shall be no forfeiture of lands or goods for the kill of any person, that attempteth to Murder, rob, or burglarily to break any Mansion-house. XV. Stat. 31. El. 4. It shall be Felony to imbecile any warlike habiliments, or victuals provided for Soldiers, and others to the value of xx. s. worth, unless the delinquent be not prosecuted within one year after the offence committed, or otherwise shall discharge himself by lawful proof. XVI. For this offence none shall incur corruption of Blood, or forfeiture of Inheritance, or Dower. XVII. Stat. 43. El. 13. In the Counties of Cumberland, Northumberland, Westmoreland, and the Bishopric of Duresime, the carrying away, or detaining of any person against his will, the assenting, or aiding to the taking or detaining of any person, the receiving or carrying of Black Mail, the giving of black Mail for protection, or the burning of Barnes, or stacks of grain shall be adjudged Felony without Clergy, which the I. of Ass. G.D. and P. have power to hear and determine. XVIII. The names of persons outlawed there for felony shall be delivered by the Clerks of the P. to all Sheriffs, Majors, and other Head officers to be proclaimed throughout all the said Counties; And with them none shall converse, in pain to suffer six month's Imprisonment, andnot to be enlarged, till surety be given for the good behaviour during one whole year after such Imprisonment. XIX. I. of Ass. G. D. Oy. and Term. & of P. have power to punish the negligence of officers in this behalf. XX. This Act shall not impeach the authority of the Lord Wardens of the Marches. S. Bailment, 3.6.7.11. Clergy. Hunters, 5. Labourers. 1. Masons, Matrimony, 1. Murder, 5. Felonsgoods, S. Felony, 8.12. Fight and quarrelling. I. Stat. 5.6. E. 6.4. None shall use chiding words in the Church or Churchyard, in pain of Suspension for so long time as the Ordinary shall think fit, viz. of a lay man ab ingressu Ecclesia, and of a Clerk à Ministerio officii. II. He that useth violent hands there, is thereby excomunicate ipso facto. II. He that is convicted of striking with a weapon there (or of drawing it, with an intent to strike) before I. of Ass. of Oy. and T. or of P. in Sess. by verdict, his own Confession, or two lawful witnesses, shall by Judgement of the said Justices have one of his Ears cut off, and in case he want Ears, shall be burned upon the Cheek with the Letter F. and shall stand excommunicate Ipsofacto. S. Maintenance, 7. etc. Fish, Fishers, Fishing. I. Stat. 13. E. 1.47. Salmon's shall not be taken betwixt the Nativity of our Lady, and Martlemas, nor young Salmon betwixt the midst of April, and Midsummer. II. Overseers of this statute shall be appointed, and sworn to inquire after the offenders, who for the first time shall be punished by burning their Nets or Engines; for the second by a quarter of a years imprisonment; for the third by a whole year's imprisonment: and as the offence increaseth, so shall the punishment. III. Stat. 13. R. 2.19. No Fisher shall use any Engine, by which the fry of Fish may be destroyed, upon the pains mentioned in the Stat. of 13. E. 1.47. iv Salmon in Lancashire shall not be taken betwixt Michaelmas, and Candlemas. V Conservators shall be sworn to see this statute observed, and the offenders punished. VI Stat. 17. R. 2.9. Just. of P. shall be Conservatour of Statutes of 13. E. 1.47. & of 13. R. 2.19. and shall have power to search all Wears, lest by their straightness the fry of fish might be destroyed. VII. Iust. of P. have power to appoint and swear under conservators to hear and determine in Sess. offences of this kind, and to punish the offenders by Imprisonment, and fine, whereof the under conservator, which informs, is to have half. VIII. The Mayor or Warden of London hath like power in Thames, from Staines to London, and in Medeway, as far as the Citizens grant extends. IX. Stat. 22. E. 4.2. The contents of Vessels of Salmon, Hearing and Eels, And how fish shall be packed. X. Stat. 11. H. 7.23. The selling of Salmon and Eeles, their vessels, The packing, searching and gauging of them, and what Fee is due for the same. XI. Stat. 1. El. 17. None shall use any net, or engine, to destroy the spawn or fry of fish or take salmon, or Trout out of season, or Pikes shorter than ten inches, Salmon, than 16. Trout, than 8. and Barbells, than 12. or use any engine, to take fish, other than an Angle, or a net, or tramel of two inches and an half meshe, in pain to forfeit 20. s. the fish wrongfully taken, and the net or Engine wrongfully used. XII. All persons having jurisdiction of Conservancy upon streams or waters, and Lords of leets have power upon the oaths of twelve men to hear and determine these offences, and shall have all the forfeitures, which accrue thereupon, XIII. The steward of a Leet shall give this statute in Charge to the Jury, in pain of xl. s. to be divided betwixt the Queen and the Informer. XIV. Here, if the Jury wilfully forbear to present offences of this kind, the Steward or Bailiff shall impannell another Jury to inquire of their default, which being found, the first Jury shall forfeit xx. s. a piece. XV. Upon default of presentment in leets within one year, Just. of P. in Sess. Just. of Oy. and Term. and Just. of Ass. in Circuits have power to hear and determine the said offences. XVI. This Act shall not restrain the taking of Smelts, Leches, Mineis, Bulheads, Gudgeons, or Eels with nets or Engines formerly used, so that no other fish be taken therewith; nor shall extend to abridge any Farmer privilege of Conservancy lawfully enjoyed, or of Fishing in Tweed, Vske or Wye, or in waters set to farm by the Q. Majesty, So that the spawn, or Fry of fish be not therein wilfully destroyed. XVII. Stat. 5. El. 5. None shall set price, make restraint, or take toll (except at Kingston upon Hull) of any Sea fish imported, in pain to forfeit the value thereof, and here it shall be lawful to withstand the Toll taker. XVIII. No purveyour shall take any Seafish brought out of a Subjects Ship without the party's consent, in pain to forfeit the double value thereof, and here also it shall be lawful to withstand the Purveyour; But Composition Fish, and Regal Fish are excepted. XIX. None shall buy any herrings of any stranger borne, being not sufficiently salted, Packed, and Casked, in pain to forfeit the said Herrings, or value thereof; But here those Herrings, that happen by Shipwreck are excepted. XX. The Stat. of 5.6. E. 6.14. shall not extend to hinder the buying of Sea Fish unsalted or Mud fish out of English Bottoms. XXI. When the offences aforesaid shall be committed at land, or within any haven or Peer, Just. of P. Mayor and other head-officers in their Sess. have power to hear and determine them by the oaths of 12. men, or otherwise by Information or the the party's Confession. XXII. Here, the forfeitures abovesaid happening in Corporate towns shall wholly accrue to the Corporation, but happening elsewhere in the Country prosecuted merely at the Qu. Suit, by Information or otherwise, shall totally accrue to the Qu. And in these two Cases the suit ought to be commenced within one year next after the offence committed, but being prosecuted by an Informer they shall be divided betwixt the Qu. and the Informer; And here the suit ought to be commenced within six months. XXIII. Stat. 1. Jac. 23. In the Counties of Somerset, Devon and Cornwall, it shall be lawful for the Huors of Fish to go upon any man's ground near the Sea Coast, to discover fish, and for Fishermen to dry their Seanes and Nets there, without danger of committing trespass. XXIV. Stat. 3. Jac. 12. None shall erect a Wear, or Wears along the Sea shore, or in any Haven or Creek, or within five Miles of the mouth of any Haven, or Creek, or shall willingly destroy any Spawn or Fry of Fish, in pain of ten pound to be divided betwixt the K. and the prosecutor, neither shall any fish in any of the said places with any Net of a less Mash then three Inches and a half betwixt knot and knot (except for the taking of Smoulds in Norfolk only or with a Canvas net, or other Engine, whereby the Spawn or fry of fish may be destroyed, in pain to forfeit the said net or Engine and 10. s. in money to be divided betwixt the poor of the parish, and the prosecutor, and to be levied in Corporations by the Head officers, and in other places by distress, and sale of goods upon warrant of a Just. of P. directed unto the Constable, and Churchwardens of the same parish for that purpose. S. Hawkes. 11. Hunters. 1. Lahourers, 46. Fish Days. I. Stat. 2.3. E. 6.19. None shall eat flesh in Lent, or upon fridays, saturdays, Embring days or any other days reputed fish days, in pain of 10. s. ten day's Imprisonment, and during that time to abstainc from flesh, and for every time offending afterwards to incur double punishment. II. Justices of G. D. and of P. have power to hear and determine this offence, and the forfeiture above said shall be divided betwixt the K. and the Informer being prosecutor, within three months after the offence committed. III. This Act shall not restrain any person having the K. Licence to eate flesh, or being aged, weak, sick, in prison, Lieutenant of the King's Army, or Governor of a Fort, nor any woman with Child, or in Childbed. IV. Stat. 5.6. E. 6.3. The evens of all Holidays commanded by this Statute (except S. Jo. the Evangelist and Philip and Jacob) shall be observed for fasting days, in pain of Ecclesiastical Censure. V When the Holiday Even happens Sunday, the Saturday is to be fasted. VI Stat. 5. El. 5. None shall eat flesh upon days usually observed as fish-days, in pain of 3. l. or three month's imprisonment without bail: And they that wittingly suffer any such offence to be committed within their house, and do not discover it to an officer, that may punish it, shall forfeit xl. s. VII. These forfeitures shall be divided into three parts, whereof the Queen shall have one, the poor of the parish another, & the Informer the third. VIII. Notwithstanding this Act, licences may be granted upon just causes, on these conditions following, viz. To a Peer or his Lady if he pay yearly for it to the poor of the parish, where he dwells, 26. s. 8. d. to a Knight or his Lady, if he pay 13. s. 4. d. and to any other inferior person, if he pay 6. s. 8. d. But here, no licence must extend to the eating of Beef, at any time, or to the cating of Veal betwixt Michaelmas and May day. IX. The Minister of the parish may grant a Licence to a sick person during the time of his sickness, and if the sickness continue above eight days, shall in the presence of one of the Churchwardens register the same and have 4. d. for the Registering of it, but here, if he grant the Licence without just cause, he shall forfeit five Marks. X. Justices of P. Mayor and other Chief Officers have power in Sess. (within their several Jurisdictions) to hear and determine these Offences, as well by the oaths of twelve men, as otherwise by Information. XI. If any shall by preaching or otherwise avouch, or notify, that any eating of fish, or forbearing of flesh is necessary for the saving of the soul, or the service of God, otherwise then as other Politic laws be, shall be punished as a spreader of false news. See News. XII. Stat. 35. El. 7. The above said penalty of 3. l. is mitigated to xx. s. and that of xl. s. to 13. s. 4. d. Fishmonger, S. Victual, 2. Force. Forcible Entry. I. Stat. 5. R. 2.7. None shall enter into lands or tenements by force, in pain of Imprisonment, and Ransom at the King's pleasure. II. Stat. 15. R. 2.2. When forcible entry is made into lands or into Church-livings, one or more Just. of P. taking sufficient power and going to the place so kept by force, may commit the offender to the next Gaol, there to remain convict by the Justice's record, till he hath made fine, and Ransom to the King; And herein the Sheriff, and all others shall be Assistants, in pain of Imprisonment, & great fines making. III. Stat. 8. H. 6.9. The Stat. of 15. R. 2.2. shall be duly put in execution, both against forcible entry, and also against forcible detainer, although it be after peaceable entry; and all this, at the Costs of the party grieved. iv When complaint of any such entry, or detainer shall be made to any Justice, or Justices of P. he or they by precept shall command the Sheriff to summon a sufficient Jury, and having by them made Inquity of the force committed shall cause the tenements to be reseised and that as well in the absence, as presence of the party offending; And here the Alienation of Tenements (so entered into or detained by force) for maintenance shall be adjudged void. V If the Jurors make default Issues are to be set upon them by the Sheriff thus, xx. s. upon the first precept, xl. s. upon the second, C. s. upon the third, and for every default after the double. VI The Sheriff or Bailiff that shall neglect his duty here in shall forfeit xx. l. to be recovered against him as well before the Justice's aforesaid, as before Just. of Ass. by Indictment, or Bill, and to be divided betwixt the K. and the prosecutor. VII. In an assize of Novel disseisin, or Action of trespass against the party guilty of forcible entry, forcible detainer, or Alienation, as aforesaid, the party grieved shall recover triple damages. VIII. Head officers and Just of P. of Corporations have like power within their Franchises, that other Just. of P. have within Counties. IX. This Statute shall endamage none, where peaceable possession hath been enjoyed by the space of three years. X. Stat. 32 H. 8.33. A disseisor dying seized taketh not away title of entry from the disseisee or his heir, except the disseisor enjoyed the tenements peaceably without entry or claim of the disseisee, 5. years before his death. XI. Stat. 31. El. 11. There shall be no Restitution upon an Indictment of forcible entry or detainer, where the defendant hath been three years next before in quiet possession, and his estate therein not ended. XII. Stat. 21. jac. 15. Upon force or detainer, as aforesaid, a Justice or Just. of P. have power to give restitution of possession aswell unto Tenants for years by Elegit, Statute merchant, or staple, Coppiholders, or Guardians by Knight service, as unto those that Claim Free hold or Inheritance. S. Maintenance. 14. Forests, S. Horses. 5. Hunters. Forestallers, Regrator, Engrossers. I. Stat. 5.6. E. 6.14. He that shall buy, or contract any Merchandise, Victual, or other thing (in the way) before it shall be brought (by land or by water) unto any Port, road, Fair or Market, where it should be sold, or shall dissuade prople from bringing any such commodity to any such place, or (being brought) shall persuade them to enhance the price thereof, shall be adjudged a Forestaller. II. A Regrator is he, that buys any grain, victual or other commodity in a Fair or Maket and sells thesame again in the same Fair, or Market, or some other Fair or Market, within four Miles. III. An Engrosser is he, that buys or gets into his hands any grain growing upon the ground or other commodity above mentioned, with an intent to sell the same again. iv The party guilty of any of the offences abovesaid, shall forfeit for the first offence the value of the goods so bought or had, and suffer two month's Imprisonment without Bail, for the second, the double value, and six month's Imprisonment without Bail, and for the third shall forfeit all his goods, be set upon the Pillory, and suffer imprisonment at the K. pleasure. V This Act shall not restrain the buying of Barley or oats to be converted into Malt, or oatmeal, nor the Provision of Victualling any town corporate, Ship, Castle, Fort, or of Barwick, Holy-Iland, etc. or any Fishmonger, In-holder, Victualler, Butcher, Poulterer, or peopledwelling within one Mile of the main Sea, which use to buy and sell fish, for any thing concerning their several Mysteries or trading, they retailing the same again at reasonable prices; nor any Badger, Lader, Kidder, or Carrier, assigned to that office by three Just. of P. and delivering the Commodity out of his hand, within one month after he buys it; nor the taking of any thing reserved upon any lease, so that all these things be done without fraud or forestall. VI He that buyeth grain in any market for change of seed, shall bring as much the same day, and sell it, if he can, according to the present Price of grain there, in pain to forfeit double the value of the grain so bought. VII. He that byves any Cattle, and sells the same again alive within five weeks, shall forfeit double the value thereof, during which time he ought to keep them upon pastrue, which he hath either by grant or prescription. VIII. Justices of P. in Sess. have power to hear and determine the aforesaid offences by Inquisition, presentment, Bill, or Information, or by the Testimony of two Witnesses, and to extract the one half of the forfeitures to the use of the King, and cause the other half to be levied to the use of the prosecutor by Fieri facias or capias, and when the prosecution shall be at the King's suit only, to extract the whole to the King's use. IX. None shall be punished twice for the same offence. X. This Act shall not restrain the Transporter of Grain or Cattle from Port to Port (allowed by three Justices of P. and not forestalling) so that he embark the same within 40. days after he buys them, and brings back from some Just. of P. or Head-Officer, a Certificate of their unlading agreeable to his Cocket. XI. The offences against this Statute shall be prosecuted within two years. XII. This Act shall not restrain a Drover allowed by there Just. of P. (1. Qu.) and selling his at 40. mile's distance from the place where he bought them: Howbeit such allowance ought not to continue above one year. Vide Stat. 31. E. 1. Stat. of Clothes. 25. E. 3.3. and Stat. 2. R. 2.2. And also, Actions popular, 15. Badgers, 2. Weights, 18. Franchises, S. Liberties. Fruiterers, S. Victual, 10 Fuel. Stat. 7. E. 6.7. A Justice of P. hath power to commit to the Pillory such as are not able to pay the forfeitures for breaking the Assize of Fuel. For the Assize of Fuel, and the penalty of breaking the same, Sec 43. El. 14. Games, S. Plays. Gaol, Gaolers, S. Prisons. Gold, Silver, Goldsmiths. I. STat. 8. H. 5.3. None shall gild any thing, but Silver, or the Ornaments of holy Church; nor silvers any thing but Knights spurs, or the apparel of a Baron, or above that estate, in pain to forfeit ten times the value of the thing so gilded, and to suffer one year's imprisonment. II. Just. of P. have power to hear and determine these offences, and the prosecutor shall have one third part of the forfeiture. III. Stat. 2 H. 6.14. Goldsmiths that work any silver not of the fineness of Sterling, or shall not set their mark thereon, shall forfeit double the value thereof, to be divided betwixt the King and the Prosecutor. IV. Justices of P. have power to hear and determine these offences. V Stat. 18. El. 15. Two and twenty caracts are the measure for the fineness of gold, and eleven ounces and a half for that of silver. S. Actions popular, 18. Felony, 4. Graine, S. Corne. Green Wax, S. Estreats. Guns and Crossbows. I. Stat. 33. H. 8.6. None shall shoot in, or keep in his house any Crossbow, Hand-gun, Hagbut, or Demy-hake, unless his lands be of the value of a 100 li per Annum, in pain to forfeit x. l. for every such offence. II. None shall shoot in or have any handgun under the length of one yard, nor hagbut or demy-hake under the length of three quarters of a yard, in pain to forfeit 10. li. And it shall be lawful for any man, having lands of 100 li. per annum, to seize any such gun, or any Crossbow to his own use, but then he ought to break them within twenty days after, in pain of xl. s. III. None shall travel with a Crossbow bend, or Gun charged, except in time of War, or shoot within a quarter of a milo of a City, Borough, or Market town, except for the defence of himself or his house, or at a dead mark, in pain of ten pound. IU. None shall command his servant to shoot in any gun, or crossbow, except at a dead mark, or in time of War, in pain of ten pound. V The penalties abovesaid shall be divided betwixt the King and the prosecutor. VI Howbeit the followers of Lords Spiritual & Temporal, & Knights Esquires, & gentlemen, & the Inhabitants of Cities, Boroughs, or Market Towns, may keep in their houses, and use to shoot (but at a dead mark only) with guns not under the lengths abovesaid: So may the owner of a Ship for the defence of his Ship; And also he which dwells two furlongs distant form any town, or within five miles of the Sea-coast, and this last may shoot at any wild beast or fowl, save only Deore, Heron, Shovelard, Fesant, Partridge, wild Swan, or wild Elkes. VII. Those which have power from the King to take away Guns, and Crossbows, in Forests, Parks, and Chases, may retain the same notwithstanding this Act; So may likewise Smiths and Merchants, that make or sell them, the several lengths abovesaid being duly observed. VIII. It shall be lawful for any person to convey the party offending against this act before the next Just. of P. who upon due examination and proof shall have power to commit him to prison, there toremaine till he hath satisfied the penalty, which in this case shall be divided betwixt the King and the party that so takes the offender. IX. Every Placard granted by the King, which expresseth not at what Beasts or Fowl the Grauntee shall shoot; and where the Grauntee entereth not in a Recognizance of twenty pound in the Chancery, to shoot at no other shall be adjudged void. X. Just. of P. in Sess. and Stewards of of Leets have power to hear and determine these offences. XI. When the conviction is in Sess. the whole forfeitures is to be levied to the King's use: when in a Leet the one half is the Kings, and the other half aught to be divided betwixt the Lord and the Prosecutor. XII. Here if a Jury shall willingly conceal any thing the Just. or Steward have power to impanel another Jury, by whom if the first Jury be found guilty of concealment, they shall forfeit 20. s. apiece, viz. to the King if it be in Sess. but if in a Leet, than the one half to the Lord, and the other half to the Prosecutor. XIII. Forfeitures arising by this act, shall be sued for, viz. by the King, within one year, and by a common person within six months, otherwise they shall be lost. XIV. A servant upon command may use him Masters crossbow or gun (not prohibited by this act) so as he shoot at no Fowl, Dear, or other game, and may be a licence in writing carry it to any place to be amended. See Hawks, 26. Hunters 11. XV. Stat. 2.3. E. 6.14. None under the degree of a Baron shall shoot in any handgun within any City or Town, at any Fowl whatsoever, or with any haile-shot, in pain of x. l. XVI. This act shall not restrain those, which according to the value of their land, are authorised to shoot by 33. H. 8.6. So that they forbear to use haile-shot; And all others, which presume to shoot, shall present their own names, viz. (in a Corporation.) to the Mayor or head Officer, and (in the Country) to the next Justice of P. in pain of xx. s. and the said Just. or Head Officer is to see them recorded at the next Sess. in the like pain of twenty shillings, which forfeitures are to be divided betwixt the King, and the Prosecutor. See Hawks 26. Gunners, S. Captains, 32. Labourers, 46. Habeas Corpus, S. Bail. ment, 10. Hares, S. Hunting. Hats, S. Labourers, 47. etc. Hawks, Hawking, Feasants, Partridges, etc. I. Cart. For. 9 H. 3.13. Every Freeman may have within his own woods, eyries of Hawks, Sparrow hawks, Falcons, Eagles, & Herons. II. Stat. 34. E. 3.22. An Hawk taken up shall be delivered to the Sheriff, who after Proclamation made, shall deliver her to the right owner. III. If the Hawk were taken up by a mean man, and be challenged within four months, the Sheriff shall retain her, but if by one, that may keep a Hawk, the Sheriff shall restore her to him again. iv If any doth take and conceal a Hawk, he shall answer the value thereof, and suffer two year's imprisonment. V Stat. 37. E. 3.19. He that steals and carries away a Hawk, not observing the ordinance of 34. E. 3.22. shall be deemed a Felon. VI Stat. 11. H. 7.17. None shall take Feasants, or Partridges with Engines in another's ground without llicence, in pain of x. l. to be divided betwixt the owner of the ground and the prosecutor. VII. None shall take out of the nest any Eggs of Falcon, Goshawk, Lannor, or Swan, in pain of a year and a day's Imprisonment, and to incur a fine at the King's pleasure, to be divided betwixt the King and the owner of the ground, where the said Hawks Eggs shall be taken, but to the owner of the Swan, where Swans Eggs are taken. VIII. None shall be are any Hawk of English breed called an Eyesse, Goshauk, tassel, Lanner, Laneret, or Falcon, in pain to forfeit the same to the King. IX. He that brings an Eyesse hawk from beyond the Sea shall have a Certificate under the Customers Seal where he lands, or if out of Scotland, then under the Seal of the Lord warden or his Lieutenant, testifying that she is a fortaine Hawk, upon the like pain of forfeiting the Hawk. X. None shall take, kill or fear away any of the Hawks abovesaid from their Coverts where they use to breed, in pain of x.l. to be recovered before Just. of Peace and divided betwixt the King and the prosecutor. XI. Stat. 5. El. 21. None shall unlawfully break down Fishpond heads, or enter into any Charter park, woods, or other grounds and there kill, or chase the dear, or take away hawks, or Hawks Eggs, in pain to suffer three month's Imprisonment, and to be bound with good Sureties to the good behaviour for seven years after. XII. The party grieved shall in Sess. or elsewhere recover triple damages against the Delinquent, and upon satisfaction shall have liberty to procure his release of the behaviour. XIII. Just. of Oy. and Term. and A ssise, and Just. of P. and G. D. in Sess. have power to hear and determine these offences. XIV. The said Just. of P. upon the offender's acknowledgement in Sess. and satisfaction to the party grieved, shall have power torelease that behaviour. XV. Stat. 23. El. 10. None shall kill or take any Pheasants or partridges with any net or Engine in the night time, in pain to forfeit for every Feasant xx. s. and for every Partridge x. s. which if the offender pay not within ten days, he shall suffer one Month's Imprisonment without Bail; and enter into Bond with good Sureties before some Just. of P. not to offend in the like kind within two years after. XVI. The forfeitures aforesaid shall be recovered in any Court of Record, and divided betwixt the Lord of the liberty or manor, where the offence is committed, and the prosecutor, but in case the Lord shall dispense with the offender, the poor of the parish are to have his Moiety, to be recovered by any of the Churchwardens. XVII. None shall hawk or hunt with his Spaniels in standing grain, or before it is stocked (except in his own ground, or with the owner's consent) in pain to forfeit xl. s. to the owner of the said ground to be recovered as aforesaid. XVIII. Just. of Ass. Just. of P. in Sess. and afterwards in Leets, have power to hear and determine these offences. And one Just. of P. may examine such an offender, and bind him over with good Sureties to answer it, at the next general Sess. if the offence be not before determined at the Assizes, or in a Leet. XIX. This Act shall not restrain Fowlers, which unwillingly take Feasants, or Partridges, and forthwith let them go at large. XX. Stat. 1. Jac. 27. Every person convicted by his own confession, or upon oath by two witnesses, before two or more I. of P. to have killed or taken any Feasant, Partridge, Pigeon, Duck, Heron, Hare, or other game, or to have taken or destroyed the Eggs of Feasants, Partridges or Swans, shall by the said Just. be committed to prison without bail; unless he immediately pay to the use of the Poor, where the offence was committed, or he apprehended, xx. s. for every fowl, Hare, or Egg so killed taken or destroyed, and after one month's commitment shall before two or more Just. of P. be bound with two sufficient Sureties in xx. l. a piece with condition never to offend in the like kind again. XXI. Every person convicted as abovesaid, to keep a Grayhound, dog or net to kill or take Deer, Hare, Fesant, or Partridge (unless he have inheritance of 10. l. per Annum, a lease for life of xxx. l. per Annum, or be worth 200. l. in goods, or otherwise be the Son of a Baron or Knight, or heir apparent of an Esquire) shall suffer imprisonment as aforesaid, unless he forthwith pay xl. s. to the use abovesaid. XXII. None shall sell, or buy to sell again any Deer, Hare, Feasant, or Partridge (except Feasants or Partridges by them reared up or brought from beyond Sea) in pain to forfeit for every Dear xl. s. Hare, x. s. Feasant xx. s. and Partridge x. s. XXIII. The forfeitures abovesaid shall be divided betwixt the prosecutor and the Poor of the parish, where the offence is committed. XXIV. Just. of Ass. I. of P. in Sess and two or more Just. of P. out of Sess. have power to hear and determine these offences. XXV. None shall by any former law suffer punishment for the same offence, for which he shall be punished by this Law. XXVI. This Act shall not restrain one licenced in open Sess. to kill Hawks meat; but the he shall there become bound by recognizance in xx. l. not to kill any of the games prohibited by this Law, nor to shoot within 600 pace of a Hearnery, within 100 pace of a Pigeon house, or in a Park, Forest or Chase, Whereof his Master is not owner, or keeper; The Clerk of the P. his Eee for such a licence is 12.d. XXVII. Stat. 7. Jac. 11. Every person convicted by his own confession, or by two witnesses upon oath before two or more Just. of P. to have hawked at, or destroyed any Feasant or Partridtge betwixt the first of july, and the last of August, shall suffer one month's Imprisonment without Bail; unless he forthwith pay to the use of the Poor, where the offence was committed, or he apprehended, xl. s. for every time so hawking, and xx. s. for every Feasant or Partridge so destroyed, or taken. XXVIII. He that shall be punished by this law shall not again be punished by any other law for the same offence. XXIX. This offence shall be prosecuted within six months after it shall be committed. XXX. It shall be lawful for the Lord of a manor or any having free warren, Inheritance of xl. l. per Annum, Freehold of lxxx. l. per Annum, or goods worth 400. l. or their servants (licenced by them) to take Pheasants or Partridges within their own grounds or precinct, so they do it in the day time, and only betwixt Michaelmas and Christmas. XXXI. If any (of mean Condition) shall be convicted by his own confession or by one witness upon oath, before two or more I. of P. to have killed, or taken any pheasant, or Partridge with dogs, nets, or engines, he shall by the said Justices be committed to prison without Bail, unless he forthwith pay to the use of the poor, where the offence was committed xx. s. for every Feasant or Partridge so killed or taken: and also become bound before one or more I. of P. in a recognizance of 20. l. never to offend in the like kind again. XXXII. Every Cóstable or head-borough (upon warrant under the hands of two or more I. of P.) hath power to search the houses of persons suspected to offend against the Law, and the dogs or nets there found, to kill, and cut in pieces, at pleasure, as things forfeited unto the said officers. Hearing, S. Corn, 1. Highways. I. Stat. 1. M. Parl. secund. cap. 5. Justices of the Counties of Dorset and Somerset shall assess those Countries towards the repair of the Causeway lying between Shaftsbury, and Sherburne: See the slatute at large. II. Stat. 2.3. P. M. 8. The Constables and Churchwardens of every parish shall yearly upon Tuesday or Wednesday in Easter week call together some of their neighbours, and then make choice of two within the parish to be Surveyors of the Highways the year following, who shall forthwith take that office upon them, in pain to forfeit, 20. s. a piece: The said Const. and Churchw. shall ten also nominate four days betwixt that time and Midsummer to be set apart for the Amendment of the highways, and shall give public notice thereof in the Church the next sunday after Easter. III. The officers and days being thus appointed, every one having a team, or a plow-land either in arable or in pasture, is chargeabe to send two able men with a Team and tools convenient to work eight hours upon every one of those four days, in pain to forfeit x. s. for every day default is made: And every Cottager is bound to work himself or to find one to work for him as aforesaid, in pain to forfeit 12. d. for every day. iv The Surveyors have power to appoint, instead of a team two able Labourers to work as aforesaid, who shall not fail in pain of 12. d. a piece for every day. V Stewards in Leets have power to inquire after the breach of this Act, and to set Fines upon those that make default at their diseretion, and shall within six weeks after Michaelmas deliver indented estreats thereof under their hands and seals, viz. one to the Bailiff or high Constable of the liberty and the other to the Constables and Churchwardens of the parish, where the default was made. VI In default of pnsentment thereof, in Leets, the Justices of P. in Sess. shall inquire thereof, & set such fines as they or two of them (1 Qu.) shall think fit, whereof the Clerk of the P. shall also deliver indented Estreates under hishand, & seal, to the Const. & Churchw. as aforesaid. VII. Their Estreats shall be a sufficient warrant for the Bailiff or chief Const. to levy the said Fines by way of distress; and if no distress can be found, or the party do not pay the fine wihtin 20 days after lawful demand, he or they shall forfeit double so much: All which fynes, & forfeitures shall be employed towards the Amendment of the highways. VIII. The Bailisse or high Const. shall yearly betwixt the first of March and the last of April render unto the Const. and Churchw. unto whom the other part of the Estreats was delivered a true Account of the moneys received by him in pain of xl.s. And the said Const. and Churchwardens have power to call the said Bailiff, or high-Const. before two or more Just. of P. (1. Qu.) to pass his account, who have power to commit him until he shall have satisfied all the arrearages by him received save 8. d. in the pound for his own Fee, and 12. d. in the pound for the Fee of the Steward, or Clerk of the P. and in this Case the succeeding Const. and Churchw. have the same power, that their predecessors had. IX. Stat. 5. El. 13. It shall be lawful for Surveyors to turn a watercourse (hurtful to the highway) into any man's ditch, or to take rubbish ready digged in or near any man's Quary, and for default of gravel, etc. elsewhere, to dig in any several ground, so they forbear to dig in houses, orchards, gardens, and meadows, or to make a pit above ten yards broad: But if they fill not the place again with earth (at he costs of the parish) within one month after it shall be so digged, they forfeit five marks to the owner of the ground to be recovered by Action of debt. X. The hedges and ditches adjoining to the highway shall be kept low and scoured, and the trees and bushes growing in the high way cut down by the owners of the grounds, which shall be enclosed by the said hedges and Ditches. XI. Instead of the four days appointed by the Stat. of 2.3. P. M. 8. six days shall hereafter be observed. XII. The Surveyors or one of them shall present every default within one month after it shall be made, to the next I. of P. in pain of xl. s. and the said I. of P. shall certify the same presentment at the next general Sess. in pain, of 5. l. where the Justices shall have power to enquite of the default; And shall set such fine upon the delinquent as they or two of them (1. Qu.) shall think fit. XIII. Here the presentment of a Just. of P. in Sess. upon his own knowledge shall be a good conviction, whereupon the Justices in Sessions or any two of them (1. Qu.) may assess a fine, as well as upon a verdict of 12 men; Howbeit the Delinquent shall here be admitted to his traverse as in other Cases. XIV. The Fines assessed in Sess. shall be estreated by the Clerk of the Peace, levied, accounted, and employed, as by the Stat. 2. 3. P. M. 8. is provided. XV. Stat. 18. El. 10. A subsidy man according to 5. l. in goods or xl. s. in Lands, not chargeable towards the highways by the Stat. of 2.3. P. M. 8. or 5. El. 13. shall find two able men to labour in the ways as by the said statute is appoined. XVI. Every person having a Ploughland lying in several parishes, shall be chargeable with a Team or draught in that parish only where he dwells: Howbeit having entire Ploughlands in several parishes, he shall for every one of them find a Team in the several parishes where they lie, although he be not inhabitant there. XVII. Every person not scouring his ditches or not keeping low his hedges, trees, and bushes, according to the Stat. of 5. El. 13. shall forfeit for every such default x.s. and for not scouring his ditches in the ground next adjoining the highways, to the end the water may have passage the better, shall forfeit 12. d. for every pole so left unscowred. XVIII. None shall cast the scouring of his ditch into the highway, and suffer it to lie there six months, in pain to forfeit 12. d. for every load, and it shall be lawful for the Surveyors to make sluices, where any such Banks have been heretofore cast up. XIX. The penalties forfeited upon this stat. shall be levied by the Surveyors for the time being by distress and sale of goods, and shall be employed towards the Amendment of the Highways: but if the Surveyors neglect to do it within one year after the offence commirted, the Const. and Churchw. shall do it, according to the provisions of the before recited Statutes. XX. I. of Ass. Oy. and Term. Just. of P. in Sess. and Stewards of Leets have power to hear, and determine the said offences. XXI. Certain provisions for the repair of King's Ferry in the I'll of Shippey, and of the ways leading thereunto. XXII. Stat. 39 El. 19 An Ordinance for the Repair of the high ways in the Wields of Sussex, etc. used for Iron works, wherein Just. of P. have power to meddle. See the Statute at large. S. Bridges. Holidays. I. Stat. 1. Car. 1. All concourse of people out of their own parishes for any pastimes whatsoever; as also bearbayting, bull-baytings, Interludes, Common plays, & all other unlawful pastimes are prohibitedon the Lords day. II. The offender against this law being thereof convicted by the view of one Just. of P. (in the Country) or of a chief officer (in a Corporation) or by his own confession, or by the oath of one witness before one such Just. or officer, shall forfeit 3. s. 4. d. to the use of the poor where the offence is committed, to be levied by distress, and sale of goods (upon warrant from the same Just. or officer) by the Const. or Churchw. of the same parish, and in case no distress can be had, the offender shall sit in the stocks three hours, but this offence ought to be prosecuted within one month after it shall be committed; And if the officer be questioned, he shall plead the general issue, and yet give special matter in evidence. III. Stat. 3. Car. 1. No Carrier with his horse, Wagoner with his waggon, Carman with his Cart, Waynman with his Wain, or Drover with his Cattle shall travel upon the Lord's day, in pain to forfeit xx. s. for every such offence. IU. No Butcher shall kill or sell any Victual upon the same day in pain of 6. s. 8. d. V Here the conviction of the offender, and the levying and employment of the forfeitures are the same with those of the former Statute; save only that here two witnesses are not necessary, and the forfeitures may also be recovered by a prosecutor in the Sess. of the County, or in the Court of the Corporation, where the offence was committed, and in that case the Justice or head-officer may allow the prosecutor part of the forfeitures, but not above a third part. VI This Action shall be prosecuted within six months; and here also the officer may plead the general issue, etc. S. Fishdays, 4. Recusants, 98. Sacraments, 24. Horsebread, S. Inholders. Horses. I. Stat. 32. H. 8.13. None shall put to feed upon Forests, or common ground any stoned horse being above 2. years old and not fifteen handful high from the lower part of the hoof to the upper part of the Whither (every handful being accounted 4. Inches standard measure) in pain to forfeit the same horse, 15.21. II. It shall be lawful for any man to self to his own use any stoned horse of lesser statute put to feed upon any such common ground, as aforesaid, so that first (by the Assistance of the keeper of the ground or Constable, Bailiff, Head-borough, or other such officer of the parish next adjoining) such horse be brought to the next pound, and there (by the officer and in the presence of three other sufficient men) be measured and found lower than that stature. III. Those that refuse to measure, or to be present at measuring of such horse, shall forfeit xl. s. a piece for every such default, to be divided betwixt the King and the prosecutor. iv A horse that makes an Escape into such Common shall not be questioned; so he stay not above four days after notice thereof given at the owner's house or in his parish Church. V Forests and common grounds shall be driven yearly at Michaelmas or within xv. days after, by the Keepers or officers aforesaid, in pain of xl. s. who have also power to drive them at any other time of the year at their pleasure, such power likewise have the owners of such grounds: And here, upon the drift, if any unlikely Tits shall be found, they shall be killed. VI Just. of P. in Sess. have power to hear and determine these offences. But stewards of Leets only to take presentments of them, which they shall certify in at the next general Sess. or to the Custos Rotulorum within 40 days in pain of 40. s. VII. None shall put upon common grounds or common fields any scabbed or infected horse, in pain to forfeit x. s. to the Lord of the Leet. VIII. This statute shall not restrain keeping of horses under this Stature upon Commons, where Mares are not usually kept. IX. Stat. 1. E. 6.5. None shall convey, sell or deliver any horse into Scotland or any other foreign Country without the King's Licence, in pain to forfeit such horse, and xl. l. to be divided betwixt the King and the Prosecutor. X. Wardens of the Marches, and Just. of P. in Sess. have power to hear and determine these offences, and it shall be lawful for any of the King's Subjects to arrest and imprison any Scotch man or other that shall convey any horse contrary to this Act. XI. Stat. 2.3. P. M. 7. Every owner of a Fair or Market shall appoint a Toll-taker where Toll is taken, or a Book-keeper where no toll is paid, to sit there from ten of the Clock in the forenoon till Sunset, in pain of xl. s. for every default; And this Officer shall enter into a Book the names and dwellings of the Buyer and seller, together with the Colour and some pregnant Mark of every horse there sold, in like pain of xl. s. for every default. XII. The Toll-taker or Book-keeper shall (within one day after) deliver unto the said owner a note of all the horses sold there that day, in pain of xl. s. which note the owner shall subscribe, in the like pain of xl. s. XIII. Sale of a stolen horse in a fair or market without entry in the Book, as aforesaid, and without staying there in open view by the space of an hour at least betwixt ten of the Clock, and Sun set, shall not alter the property of the right owner. But that he may by virtue of this Act seize or replevy him, wheresoever he finds him. XIV. Just. of P. in Sess. shall have power to hear and determine the breach of this Stat. and the forfeitures shall be divided betwixt the King and Queen's Majesties and the prosecutor, 16, etc. XV. Stat. 8. El. 8. The Statute of 32. H. 8.13. shall not restrain the keeping of stoned horses of a lower stature in the Fen grounds of the I'll of Ely, or of the Counties of Cambridge, Huntingdon, Northampton, Lincoln, Norfolk, or Suffolk, so that those horses so kept, be not under thirteen handful high, according to the standard in the same statute mentioned. XVI. Stat. 31. El. 12. The seller of a horse in a Fair or Market, which is not known to the Toll-taker, or Book-keeper, or doth not produce one credible person, that is well known unto him, to avouch the Sale of the same horse, shall forfeit 5. l. to be divided betwixt the King and the prosecutor, and besides, the sale of such horse shall be void. XVII. The names of the Buyer, Seller and voucher, and the price of the horse shall be entered in the Toll-book, and a note thereof delivered to the buyer under the Toll-takers, or Book-keepers hand, for which the Buyer shall pay 2. d. XVIII. Just. of the P. in Sess. have power to hear, and determine these offences. XIX. Notwithstanding such sale, and voucher, as aforesaid, the right owner, or his executors may redeem a stolen horse, if they claim him within six months after the stealing, at the Parish or Corporation where they shall find him, and make proof by two sufficient Witnesses before the next Just. of P. in the Country, or before the Head-officer of the Corporation, that the horse was his, and repay to the Buyer such price for the horse, as the same Buyer shall upon his own oath, before such Justice, or Officer, testify to have paid for him. XX. An Accessary of a horse-stealer shall not have his Clergy. XXI. Stat. 21. Jac. 28. The statute of 32. H. 8.13. shall not extend to the County of Cornwall. Ostlers, S. Inholders. Purveyors, 56. Victual, 2. Hospitals, S. Poor people, 15. Houses of Correction, S. Poor people, 5. Vagabonds. Hue and Cry. I. Stat. 3. E. 1.9. All persons shall be ready to pursue felony, in pain of Imprisonment, and great Fines making. II. Stat. of Winchester 13. E. 1.1.2. & 28. E. 3.11. Fresh Suit shall be made after selons from town to town, and from Country to Country, And if they be not taken within 40 days the Hundred shall be answer able for the damages, or two Hundreds, when the felony shall be committed in the division of those two Hundreds. III. Stat. 27. El. 13. The Hundred where fresh Suit shall cease shall answer half the damages to the Hundred, wherein the felony shall be committed, to be recovered in any Court at Westminster in the name of the Clerk of the P. of the County, wherein the felony was committed, and here the death, or change of the Clerk of the P. shall not abate the Suit. iv When in this case damages are recovered against one or some few Inhabitants of the Hundred, and the rest refuse to contribute thereunto, two Just. of P. (1. Qu.) dwelling within or near the same Hundred shall for the levying thereof set a tax upon every parish within that Hundred, according to which the Constables and headboroughs of every town shall tax the particular Inhabitants, and levy the money upon them by distress, and sale of goods, and deliver the money levied to the said Just or one of them. V. No Hundred shall be chargeable, when any one of the malefactors shall be apprehended, or when the Action is not prosecuted within one year after the Robbery committed. VI No Hue, and Cry shall be deeemed legal unless the pursuit be both by horse and foot. VII. No person rob shall maintain an Action in this case unless with all convenient speed he make the Robbery known to the next town village, or hamlet, and within twenty days before the Action brought make oath before a Just. of P. dwelling within or near the Hundred, where the Robbery was committed, whether he know the parties that rob him or any of them, And if he know them, shall enter into sufficient Bond before the same Justice to prosecute the person or persons, so by him known, by Indictment or otherwise according to the Law. VIII. Stat. 39 El. 25. A remedy for the Inhabitants of the Hundred of Benhurst in the County of Berks for Recovery of such sums of money as shall be gained from them by force of the Stat. of 27. El. 13. S. Burglary, 1. Hunters, Hunting. I. Stat 1. E. 1.20. Trespassers in Parks, or Ponds shall give triple damages to the party grieved, suffer three year's imprisonment, be fined at the King's pleasure, and give surety, never to offend in the like kind again; and if they cannot find surety, they shall abjure the Realm, or being fugitive, shall be outlawed. II. If they be attainted to have taken tame Beasts, they shall be prosecuted as Felons. III. Stat. 21. E. 1. A Forester, Parker, or Warriner shall not be questioned for killing a Trespasser, that after the peace cried unto him, will not yield himself, so it be not done out of some other former Malice. IV. Stat. 13. R. 2.13. No lay man, which hath not lands of xl. s. per Annum, nor Clerk, which hath not x. l. Revenue per Annum, shall have, or keep any Greyhound, Hound, Dog, Ferret, net, or Engine to destroy Dear, Hares, Coneys, or any other Gentleman's game, in pain of one whole years imprisonment, which I. of P. have power to inflict. V Stat. 1. H. 7.7. If any shall hunt within Forests, Parks, or Warrens in the night time, or disguised, one of the King's Counsel, or a Just. of P. to whom information, here of shall be made, shall by his warrant; cause the offender to be brought himself, or some other Counsellor, or Just. of P. to be examined, where if he conceal the fact such hunting shall be deemed felony; but being confessed the offence is only finable at the next general Sess. And here a rescous of the execution of any such warrant shall also be deemed felony. VI Stat. 19 H. 7. None shall keep any Deeres Haies or Buckstalles (save in his own Forest or Park) in pain to forfeit for every month, they are so kept xl. l. neither shall any stalk with any bush or beast to any Deer (except in his own Forest or Park) in pain of x. l. VII. None shall take an old Heron (without his own ground) in pain of 6. s. 8. d. nor a young Heron in pain of x. s. for which forfeitures every man that will, may sue by Action of Debt or otherwise. VIII. Any two Just. of P. in Sess. may examine the offenders abovesaid, and commit them to Prison, till they shall have satisfied the said forfeitures, whereof the said Justices are to have the tenth part for their pains. IX. Stat. 3. Jac. 13. None shall (without the owner's licence) kill or chase any Deer or Coneys in any Parks, or enclosed grounds, in pain to yield triple damages to the party grieved, to suffer three month's imprisonment, and to be bound with good sureties to the good behaviour for seven years after, or to remain still in Prison, till he find such sureties; But here, the party grieved (being satisfied) hath liberty to release the behaviour. X. Just. of Oy. and Term. Just. of Ass. and Just. of P. in Sess. have power to hear and determine these offences, and Just. of P. in Sess. (upon Confession, and satisfaction to the party grieved) have power to release the behaviour. XI. If any person, not having xl. l. per Annum in lands, or 200 l. in goods or some enclosed ground used for Deer, or Coneys worth xl. s. per Annum (at least) shall use any Gun, Bow or Crossbow to kill any Deer, or Coneys, or shall keep any Buckstall, Ferret, dog, net, or other Engine, it shall be lawful for any person (having lands worth 100 l. per Annum) to take such Gun, etc. from any such person, and to convert the same to his own use. XII. This Act shall not extend to any Park, or enclosed ground hereafter to be made, and used for Dear or Coneys, without the King's Licence. XIII. Stat. 7. Jac. 13. It shall be in the election of the party grieved, whether he will take for satisfaction x. l. in money or triple damages, as by the Stat. 3. Ja. 13. is limited. S. Hawks, 11.21.22. Jesuits, S. Recusants. Images, S. Books. Imbracery, S. Embracery. Imbezeling of a Record, S. Felony, 6. Indictments. I. STat. 1. E. 3.17. Indictments before Sheriffs, Bailiffs, or others, shall be delivered by Indenture to the Justices, when they come to make deliverance. II. Stat. 7. H. 5. A remedy against such as do indict or appeal others of Treason or Felony supposed to be committed in a place within the County of Lancaster, where there is no such place, concerning which Just. of P. within that County have power to inquire, and to inflict punishment viz. Imprisonment, Fine, and Ransom S. Stat. 9 H. 5.1. 18. H. 6.12. & 33. H. 6.2. III. Stat. 6. H. 6.1. Upon an Indictment of any person in the King's Bench, a Capias shall be awarded against him, returnable (at least six weeks after before any Exigent shall be Awarded. IV. Stat. 8. H. 6.10. & 10. H. 6.6. Upon Indictments or appeals (before Just. of P. or others) of persons dwelling in foreign Counties, the Exigent shall be stayed, till the return of a Capias, directed to the Sheriff of such foreign County for the arresting of the party indicted. V Stat. 1. E. 4.2. Sheriff's shall deliver all Indictments, and presentments taken in their Turns unto the Justices of the P. at their next Sess. in pain of 40. l. who shall arraign, deliver, make process, and proceed thereupon, as if they were taken before them, and shall deliver indented estreats of the Fines to the sheriff to be levied to his own use; And here, if the sheriff levy any fine, or commit any to prison by colour of any such indictment, or presentment; otherwise then by warrant from the Justices as aforesaid, he shall forfeit C. l. Howbeit Sheriffs of London shall not be restrained by this Act, nor those who have had fines formerly granted unto them. VI Stat. 37. H. 8.8. The words cum baculis, cultellis, arcubus, & sagittis, shall not of necessity be put in an-indictment; but it shall be adjudged good without those words or the like. See Certificate, Certiorari, 1. Murder, 4, 5. Informations and Informers, S. Actions popular. Engrossers, S. Forestallers. Inholders. I. Stat. 21 Jac. 21. The Statute of 32. H. 8.41. together with other statutes concerning horsebread is repealed. II. Inholders and Ostlers shall make no horsebread, shall sell their hay, provender and victuals at reasonable prices, and shall take nothing for litter. III. This Act shall not restrain those, that dwell in a through fare (which is no market town, and wherein there is no Baker) to make horsebread, according to the just Assize. iv Just. of Oy. and Term. I. of P. sheriff's in turns & stewards in Leets have power to hear and determine these offences. V If any Inholder or Hostler, which hath power (by this Act) to make horsebread, observe not the Assize, or if he or any other offend this Law in any other kind whatsoever, for the first offence they shall be fined, for the second suffer a month's imprisonment without bail, for the third be set upon the Pillory, and for the fourth shall be forejudged from ever keeping an Inn again. See Alehouses, 5, 15, 26, 28. Butter, 1. Forestallers, 5. Inmates, S. Cottages. Inquests, S. Jurors. Inrolments. Stat. 27. H. 16.8. Bargains, and sales to raise an use of Inheritance, or Freehold, must be by Deed indented and enrolled within six months in some Court of Record at Westminster, or in the County where the Land lieth, before the Custos Rotulorum, two Just. of P. and the Clerk of the Peace, or two of them, whereof the Clerk to be one; and here, the Fee to be paid for such Inrolment, when the land is not worth xl. s. per Annum, is 2. s. and when it is worth more, x. s. to be equally divided betwixt the Justice, or Justices then present, and the Clerk of the P. who ought to enrol them in Parchment, and deliver them up to the Custos Rotulorum within one year after. See Stat. 5. El. 26. Concerning the inrolment of Deeds in the Counties of Lancaster, Chester, and the Bishopric of Duresme, and in Corporate towns there. Inventories, S. Ecclesiastical Court I. Stat. 5. E. 3.10. Justice's have power to imprison a Juror sworn before them, that shall be attainted to be Ambidexter; and besides he shall be ransomed at the Kings will. II. Stat. 25. E. 3.3. An indictor shall not be put on Inquests upon delivering of Endictees. III. Stat. 34. E. 3.8. A corrupt Juror shall be fined, and suffer one year's Imprisonment; And here, the prosecutor shall have half the Fine, and the party grieved his damages. IV. Stat. 38. E. 3.12. If a Juror be attainted to have taken any thing by way of corruption, he shall suffer one whole years imprisonment and forfeit ten times so much as he hath so taken, to be divided betwixt the King and the prosecutor, and all Embracors in that kind shall incur the like punishment: Howbeit theso offences shall not be prosecuted by Justices ex officio, but at the suit of the party grieved, or some other. V Stat. 11. H. 4.9. Jurors in indictments shall be teturned by the Sheriffs, or Bay liffes, and not nominated by any other. VI Stat. 2 H. 5.3. Jurors ought to have lands worth xl. s. per annum ultra reprise; And in the County Palatine of Lancaster, there lands ought to be worth 5. l. per annum. S. stat. 7. H. 5.1.18. H. 6.12.33. H. 6.2. VII. Stat. 3. H. 8.12. Panells of Jurors returned by the Sheriff to inquire for the King shall be reform by the Just. in Sess. (1 Qu.) at their discretions, and the Sheriff shall return that Panell reform, in pain of xx. l. to be divided betwixt the King and the prosecutor, who shall not lose his part by the King's pardon. VIII. Stat. 27. El. 7. No Sheriff, or Bailiff shall return Jurors without addition of their dwelling place, nor collect any issues made out against them, without such addition. IX. No Clerk shall estreat any issues against any Juror without such addition, in pain to forfeit 5. marks to the King, and as much to the party grieved. See Actions Popular, 8. Justices of P. 25.28. Justices of Peace. I. Stat. 27. E. 1.3. Justices assigned to take Assizes in every County after the Assizes taken, shall deliver the Gaoles, but if one of them be a Clerk, the other that is lay associating unto him one of the most discreet Knights of the County, shall deliver the Gaoles. II. Stat. 1. E. 3.16. The King will that in every County good men and lawful, which be no maintainers of evil, or Barrators in the Country, shall be assigned to keep the Peace. III. Stat. 2. E. 3.2. Clergy men shall not be Justices of Oy. and Term. or Justices of G. D. IV. Stat. 4. E. 3.2. Good and discreet persons shall be assigned in all Shires of England to take Assizes, Juries, and Certifications, and to deliver the Gaoles three times in the year at least. V There shall also be assigned good and lawful men in every County to keep the peace, and such as shall be indicted or taken by them and are not bailable by Law, shall not be let to mainprize by the Sheriff or any other Minister, nor otherwise delivered then at the common law. VI the Just. of G. D. shall have power to deliver the Gaoles of those that stand indicted before the Keepers of the Peace, which Keepers shall send those indictments before the said Just. of G. D. and shall have power to punish Sheriffs, Gaolers, and others, which do any thing contrary to this Act. VII. Stat. 18. E. 3.2. Two or three of the best of Reputation in the Counties shall be assigned keepers of the Peace by the King's Commission, who (together with other wise, and learned in the Law) shall have power to hear and determine Felonies, and Trespasses done in the same Counties, and to inflict punishment, according to Law and reason. VIII. Stat. 34. E. 3.1. There shall be assigned in every County for the keeping of the Peace, one Lord, and three or four of the most worthy of the County with some learned in the Law, who shall have power to arrest and Chastise, rioters, Barrators, and other offenders according to the law, and their own discretions, to bind people of evil fame to the good behaviour, and to hear and determine felonies and trespasses done in the same County. IX. All general inquiries heretofore granted within any seignories for the mischiefs done there, shall from henceforth cease and be repealed. X. The fines imposed by I. of P. for trespasses shall be reasonable and just. XI. Stat. 42. E. 3.4. All commissions of inquiry (except of Escheatorship) shall be directed to the Justices of the one Bench or other, to the Just. of Ass. or to the most worthy in the Country, and to none other. XII. Stat. 12. R. 2.10. In every Commission there shall be but six Justices assigned, who shall keep their Sess. every quarter at least, in pain to be punished at the discretion of the King's Council. XIII. Every Justice of P. shall have for his wages 4. s. a day, and the Clerk of the P. 2. s. for so longtime as the Sessions shall last, to be paid by the Sheriff out of the Amerciaments arising at the same Sessions. XIV. No steward of any Lord shall be assigned in any Commission, neither shall any association be made to the Justices of Peace after the first Commission. XV. Judges and Sergeants at Law shall not be bound to attend the Sessions, but when they may conveniently intent it. XVI. Stat. 13. R. 2.7. Notwithstanding the Stat. of 12. R. 2.10. which prohibits the stewards of Lords to be Justices, the most sufficient Knights, Esquires, and Gentlemen of the Law shall be put in Commission, and sworn to put in execution without favour all statutes which concern their office. XVII. Stat. 14. R. 2.11. There shall be 8. Justices of Peace assigned in every County. XVIII. Double estreats of Amerciaments, at the Sessions shall be made containing the names of all the Justices there present, and the number of days they sit, and one of them delivered to the Sheriff, out of which he is to answer the Justices their wages by indenture, according to which the Sheriff shall be again allowed the wages in the Exchequer upon his account; But no Duke, Earl, Baron, or Baronet (although he be Justice of Peace, and hold Sess. with the other eight) shall have any wages allowed him. XIX. Stat. 17. R. 2.10. In every Commission of Peace two men of Law of the same County shall be assigned to go and proceed to the deliverance of Thiefs, and Felons. XX. Stat. 2. H. 5.4. Justices of the Peace in every Shire named of the Quorum shall be resiant within the same Shire (except Lords, Judges, Sergeants at law, & the King's Attorney) and shall keep their Sessions sour times in the year, viz. in the first week after Michaelmas, Epiphany, Easter and the translation of Saint Thomas, being the third of July, and more often if need require. XXI. Stat. 11 H. 6.6. No suit before Justices of P. shall be discontinued by a new Commission of Peace. XXII. Stat. 14. H. 6.4. Just. of Peace in Middlesex are not compellable to keep their Sess. above twice in the year, notwithstanding the stat. of 12. R. 2.10. Yet may they keep them oftener, if need be, at their discretions. XXIII. Stat. 18. H. 6.11. None (except men learned in the Law or inhabiting Corporations) shall be Justices of Peace, unless their lands be worth xx. l. per Annum. XXIV. If any be put into the Commission not having lands of that value, and do not within one month after his notice thereof acquaint the Lord Chancellor therewith, or do make warrant by force of such Commission, he shall forfeit to the King xx. l. to be divided betwixt the King, and the prosecutor. XXV. Stat. 3. H. 7.1. Justices of P. have power to impannell an Enquest to inquire of the concealments of a former Enquest, and to Assess in open Sessions the Amerciaments of the first Enquest at their discretions. XXVI. Just. of P. shall at the next general Sess. certify recognizances taken for keeping of the Peace, where, if the party being called do not appear, those Recognizances shall be certified into the Chancery, King's Bench, or Exchequer. XXVII. Stat. 33. H. 8.10. & 37. H. 7. All Just. of P. shall at their general Sess. endeavour amongst themselves to understand the meaning and intents of all statutes, which concern vagabonds, retainers, giving Liveries, Signs, Tokens, or Badges, maintenance, embracery, Bowstaves, and Archery, unlawful games, Forestallers and Regrators, victual, victuallers, and inholders, and of all other statutes made in this present Parliament, and shall then also advise amongst themselves, how the same may be best put in due Execution. XXVIII. All process, and proceed shall be continued from Sess. to Sess. And the said Justices shall in Sess. have power to inquire, hear, and determine the breach of the said statutes as well by verdict as by any other information, or Confession of the party, and to make process by Venire facias, Capias & Exigent, under the Seal of the same Justices, or two of them, and also to reform panels of Jurous, according to which the Sheriff shall make his Return, upon the pain limited by the Stat. of 3. H. 8.12. XXIX. Stat. 1. E. 6.7. Preferment of a Justice or Commissioner to a higher dignity as to be a Duke, Archbishop, Marques, Earl, Viscount, Baron, Bishop, Knight, Judge, Serjeat at Law, or Sheriff, shall not diminish his power, 31. XXX. No Suit before any Justices or Commissioners shall be discontinued by a new Commission, or by the alteration of any of their names. XXXI. Stat. 1. M. 8. None shall be Justice of Peace during his Shrevalty, notwithstanding the statute of 1. E. 6.7. XXXII. Stat. 2.3. P. M. 18. A new Commission of the Peace, or G. D. for the whole County, shall not be a Supersedeas to a former like Commission granted to a City, or town Corporate there, being no County. XXXIII. Stat. 1. E. 1. & 7. Jac. 6. Every Justice of Peace ought to take the oaths of Supremacy and obedience, which see in Recusants, 8.88. Kidder, S. Badger. King's Bench, S. Poor People, 15. Labourers, Artificers, Servants, Apprentices. I. STat. 21. H. 8.7. Servants that go away with or otherwise embezzle their Masters, or Mistresses goods to the value of xl. s. worth, with an intent to steal them (being put in trust therewith) shall be punished as Felons. II. This Act shall not extend to Apprentices nor servants under the age of eighteen years. III. Stat. 2.3. E. 6.15. Artificers, workmen, or Labourers, that conspire together concerning their work, or wages, shall forfeit for the first offence, x. l. to the King, and if they pay it not within six days after conviction, they shall suffer 20. day's imprisonment, and during that time shall have no sustenance but bread and water; for the second offence he shall forfeit 20. l. and that not paid within six days as aforesaid, shall suffer the Pillory; and for the third offence shall forfeit xl. l. and that not paid within time limited shall again suffer the Pillory, lose one of their ears, and be ever after taken as men infamous, and not to be credited. iv Just. of Ass. Just. of P. Mayor, Bailiffs, & Stewards in Sess Leets & Courts have power to hear and determine these offences. V Stat. 5. El. 4. None shall hire, or be hired for less time than one whole year in the Arts of Clothier, Weaver, Tucker, Fuller, Clothworker, Sherman, Dyer, Hosier, Taylor, Shoemaker, Tanner, Pewterer, Baker, Brewer, Glover, Cutler, Smith, Farrier, Currier, Sadler, Spurrier, Turner, Capper, Hat or Feltmaker, Fletcher, Arrowhead-maker, Butcher, Cook, or Miller. VI Every person unmarried, or under the age of 30. years (though married) having been brought up in any of the Arts above said by the space of three years, and not worth in lands xl. s. per Annum, or in goods x. l. (and so allowed under the hands and seals of two Just. of P. the Head officer or two discreet Burgesses of the place, where the party so brought up hath lived by the space of one whole year) nor already retained in husbandry, the Arts abovesaid, or any other Art or Mystery, or in any service (upon request of any person using the same Art) shall not refuse to serve for the wages limited by this statute, and being so retained shall not departed from his or their service without one quarters warning before two lawful witnesses, or some lawful cause to be proved before one Justice of P. or Head officer, in pain of imprisonment without bail; but upon submission to perform the service, they shall be enlarged without Fees, which Commitment and enlargement two Just. of P. the Head officer or two Burgesses as aforesaid, unto whom complaint shall be made, have power to command, as in their discretions, and upon due proof shall be thought fit. VII. Every person between the ages of 12. and 60. not already retained in any service, nor employed about husbandry, Mines, Glass, Coale, Fishing, Sailing, provision of grain or Meal for London, nor Gentleman, born, nor Scholar, in an University, or School, nor worth xl. s. per Annum in lands, or x. l. in goods, nor having a Father, Mother, or other ancestor (whose heir he is) worth x. l. per Annum, in lands, or xl. l. in goods, shall be compelled to serve in husbandry, & shall not departed that service, otherwise then as is before limited, upon the pain above expressed. VIII. None shall put away his servant before the end of his term without a quarter's warning, or some lawful cause to be proved by two sufficient Witnesses before the Just. of Oy. and Term. Just. of Ass. Just. of P. in Sess. a Head Officer, or two discreet Aldermen, or Burgesses, in pain of xl. s. IX. No servant having served in one City or town shall go to serve in another, without a Testimonial, viz. (in a town corporate, under the seals of the town, & two householders there, and (in the Country) under the seals of the Constable, or Constables and two householders there; which testimonial shall be made and delivered to the party, and also registered by the Minister of the place, where the servant last dwelled, for which the Minister is to have 2. d. X. The form of the Testimonial is this. Memorandum, that A. B. Servant to C. D. of E. in the County of F. Husbandman or Tailor, etc. in the said County is licenced to departed from his said Moster, and is at his liberty to serve elsewhere according to the Statute in that case made and provided: In witness, etc. XI. The servant which showeth not such a Testimonial to the chief officer in a Corporation, or to the Minister, or some officer in any other place, where he is to dwell, shall suffer imprisonment till he procure one; and if he produce not one within xx 1. days after his imprisonment, or show a false one, he shall be punished by whipping as a vagabond; And the Master that retains a servant without such a testimonial, shall forfeit five pounds. XII. Those that work by the day or week shall continue at work, betwixt the middle of March, and the middle of September, from 5. in the morning till betwixt 7. and 8. at night, except two hours allowed for breakfast, dinner, and drinking, and half an hour for sleeping from the midst of May, till the midst of August, & all the rest of the year from twilight to twilight, except an hour and a half allowed for Breakfast, and Dinner, in pain to have one penny defalked out of their Wages for every hour's absence. XIII. None that takes work by Great shall leave the same before it be quite finished, except for not payment of his Wages, the Queen's service, licence of the Workmaster, or other lawful cause, in pain to suffer one month's imprisonment without Bail, and to forfeit five pounds to the party grieved, besides his Costs, and damages to be recovered at the common Law for the loss sustained. XIV. None retained in service to work, shall departed without Licence, in pain of one month's imprisonment. XV. Such Wages of Labourers, Artificers, and others as have been formerly rated, or concern husbandry, shall be yearly assessed for the County by the Sheriff and I. of P. in Sess. and in Corporations by the Head Officer at their Easter Sessions, or within six weeks after and before the 12. of July following shall be certified under their hands and seals into the Chancery: whereupon the Lord Chancellor or Keeper shall send down printed proclamations thereof into every County, and Corporation before the first of September than next following, with the said Sheriff, Justices and Head officers shall before Michaelmas after cause to be enrolled, and proclaimed; But here, when the old Rates shall be certified to stand, no proclamation is needful, 56.58. XVI. A I. of P. or chief officer, which shall be absent at the taxing of Wages (being not letted by sickness, or some other reasonable cause to be allowed by the Justices upon Affidavit) shall forfeit x. l. XVII. None shall give greater wages, than those so rated (as aforesaid) in pain of 5. l. and ten day's imprisonment, without Bail, and if any person shall be convicted (before two I. of P. or a Head officer) of taking more wages, he shall suffer 21 day's imprisonment without Bail. XVIII. Every retainer, promise, gift, or payment of wages, or other thing contrary to the true meaning of this Act; and every writing and Bond to be made for that purpose shall be voy. XIX. If any servant, or other shall be convicted before two Just. of P. or a Chief officer, as aforesaid, by his own Confession, or the testimony of two honest men to have assaulted his Master, Mistress, Dame or Overseer, he shall suffer one whole years imprisonment, or less, if the Justice, or chief ossicer shall think fit: And if the party shall be thought to deserve a more severe punishment, then to receive such open punishment (life and member excepted) as the Just. in Sess. or the chief officer, and 4 of the discreetest men in the Corporation shall think convenient. XX. Artificers shall work in Hay time, and Harvest, in pain of Imprisonment in the stocks two days & one night, which the Constable shall inflict upon them in pain of xl. s. XXI. It shall be lawful for Labourers (other than such as are retained in Service according to this statute) to go to other shires to work in Hay time and Harvest, so that they bring with them a testimonial under the hand and seal of one Just. of P. or a chief officer, testifying that they have not sufficient work in the place, where they lived the winte before, for which testimonial they shall only pay 1. d. XXII. Every unmarried woman (sit to serve) being above 12 years old and under xl. shall by two I. of P. a Chief Officer or two Burgesses be compellable to serve for convenient time and wages, in pain of Imprisonment. XXIII. Husbandmen being householders & using half a plough land (at least) in tillage, may take (by Indenture) Apprentices above the age of ten years and under 18. to serve in husbandry, until the age of xxi. years (at least) or 24. years as the parties can agree. XXIV. Every householder of the age of 23. years dwelling in a town Corporate, and using there any art or mystery shall and may take an Apprentice for seven years at least: Howbeit the term ought not to expire before the Apprentice accomplish the age of 24. years. XXV. Merchants, Mercers, Drapers, Goldsmiths, Iremongers, Embroiderers, and Clothiers dwelling in Corporate towns shall take no Apprentices, but their own Children, or such whose Parents have Inheritance, or Freehold of xl. s. per Annum to be certified under the hands and seals of three Just. of P. of the County, where such lands lie, to the Head officer of the said Corporation, who shall cause the same to be recorded. XXVI. Artificers in market towns not Corporate being householders, and of the age of 24 years, may take other Artificers Children to serve as Apprentices. XXVII. Merchants, Mercers, Drapers, Goldsmiths, Iremongers, Embroiderers, and Clothiers dwelling in Market towns not corporate, shall take no Apprentices but their own Children, or such whose Parents have inheritance or Freehold worth 3. l. per Annum, to be certified under the hands and Seals of three Just. of P. as aforesaid. XXVIII. Smiths, Wheelewrights, Plough-wrights, Millwrights, Carpenters, rough Masons, Plasterers, sawyer's, Limeburners, Brickmakers, Bricklaiers, Tilers, Slnters, Helyers, Tilemakers, Linen Weavers, Turner's, Cooper's, Millers, Earthen Potters, Woollen Weavers, (of Huswives Cloth only) Fuller's, Wool burners, Thatchers, and stringers may take Apprentices though their Parents have no Land. XXIX. None which hath not served seven years in any Art or Mystery shall use the same, or set any other to work thercin, which have not served out that time, in pain to forfeit xl. s. for every month. See Actiors popular. 17. XXX. Woollen Clothweavers (ohter than such as inhabit Cumberland, Westmoreland, Lancaster, or Wales, or in Cities, Corporations or Market towns) shall take no Apprentices, nor teach any their art, save their own Children, or such, whose parents have Inheritance, or Freehold worth 3. l. per Annum, to be certified under the hands and seals of 3. l. of P. of the County where the lands lie, in pain to forfeit xx. s. for every month; And the Indenture shall within 3. months be registered in the parish, where the Master dwells, the Fee of which registering is 4. d. XXXI. Every Clothworker, Fuller, Sherman, Weaver, Taylor, and Shoemaker shall for every three Apprentices keep one Journeyman, and for every Apprentice above three another Journeyman, in pain of ten pounds. XXXII. This Act shall not prejudice worsted makers, nor worsted weavers, in Norwich or Norfolk. XXXIII. If any person fit to make an Apprentice refuse to serve upon demand, one I. of P. Maior or Head officer unto whom complaint there of shall be made, have power o commit him to ward, until he shall be willing to serve accordingly. XXXIV. If there shall arise any difference betwixt the Master, & the Apprentice, one I. of P. in the Country, or the Mayor or Head officer in a Corporation, or Market town, shall have power to reconcile it, if they can; if not, then to bind over the Master to the next Qu. Sess. where the I. of P. or any four of them (1. Qu.) or the the Head officer with the consent of three of his brethren shall (upon default found in the Master) in writing under their hands and seals have power to discharge the Apprentice of his Service, and if default shall be found in the Apprentice, then to inflict such punishment upon him as in their discretions shall be thought fit. XXXV. None shall be bound to enter into an Apprentyship, other than such as be under the age of 21. years. XXXVI. Justices of P. in their several Divisions, and Head officers in towns corporate shall meet twice every year, viz. once betwixt Michaelmas and Christmas, and another time betwixt the Lady day and Midsummer to give order for the due execution of this statute. XXXVII. Justices of P. and Head officers shall have 5. s. for every day they sit about the execution of this Statute, to be allowed them out of the Fines, which accrue upon the Breach thereof, so that their sitting be only for matters contained in this Statute, and not above 3. days at one time. XXXVIII. The forfeitures abovesaid (except those otherwise limited) shall be divided betwixt the Queen, and the prosecutor; And all Just. of P. or any two of them (1. Qu.) and every Head officer shall have power to hear and determine the breach of this statute upon Indictment or otherwise, and to award process and execution accordingly, And shall yearly in Michaelmas term by Estreat certify into the Exchequer the fines, which accrue upon this Statute in like manner as they ought to do in other Cases. XXXIX. This act shall not restrain the Cities of London and Norwich, from taking of Apprentices, as in times past. XL None shall take Apprentices otherwise then is limited by this Act, in pain of ten pounds, and all indentures otherwise made shall be void. XLI. An Apprentice shall be bound by his Indenture notwithstanding his non age of 21. years. XLII. The Inhabitants of Godalming in Surrey may take and use such Arts and Apprentices as market towns may do by virtue of this Act. XLIII. The Fines accrueing by this Act in towns corporate shall be appointed by the Head officer to be collected (as other fines and Amerciaments) for the use of the same towns. XLIV. When an Apprentice departs from his Master's service into another County, or Corporation, it shall be lawful for the Just. of P. or Head officers there (being Justices of P.) to direct a Capias to the Sheriff, or other chief officer for his apprehension, and being taken the said Just. of P. or Head officer shall commit him to ward until he give good Security, that he will honestly serve out his time. XLV. Notwithstanding this Act high Constables have power to keep their Statute Sessions, so that they there do nothing repugant thereunto. XLVI. Stat. 5. El. 5. Every householder using the trade of the Seas, Fisher, Gunner, or Shipwright may take Apprentices according to the custom of the City of London, so that the Apprentice be seven years old, & the Indenture enrolled in a corporate town, for which Inrolment the officer shall not take above 12. d. XLVII. Stat. 8. El. 11. None shall make any Hat or Felt with foreign stuff, unless he hath served Apprentice to that Art seven years at least, in pain of forfeiting the Hats or Felts so made, and 5. l. for every moan the continuance in so doing. XLVIII. No Hatmaker shall have above two Apprentices at one time, nor them, for less time than seven years a pecce, in pain to suffer one month's imprisonment for every one he keeps more, and to be for ever after disabled to keep any more than one. XLIX. This Act shall not restrain Hatmakers to employ their Children. L. Stat. 1. Jac. 17. None shall make any Hat or Felt of any Stuff what soever, which hath not served an Apprentice seven years in that Art, in pain of 5. l. for every month; neither shall he have above two Apprentices at one time, or employ any Journeyman in that Art, which hath not served the like time upon the like pain. LI. This Act shall not restrain Hatmakers to employ their Children, so that they be bound for seven years, and their term do not expire until they shall have accomplished the age of 21. years. LII. The forfeitures of this Statute, as also those of the 8. El. 11. shall be divided betwixt the King, and the prosecutor. LIII. Stat. 3. Jac. 9 None shall employ any Journeyman or apprentice in the Art of Skinner, unless he use the same Art himself and hath served seven years therein as an Apprentice, in pain of forfeiting double the value of the Skins dressed to be divided betwixt the King and the proecutor or Seisour. LIV. Stat. 1. Jac. 6. The statute of 5. El. 4. Shall give power to the Justices of P. to rate the Wages of any Labourers, Weavers, Spinsters, and workmen or workwomen whatsoever. LV. The rating of such wages in Sess. by the more pact of the Justices within any particular Riding or Division (where general Sess. have been used severally to be kept) shall be as effectual as those rated at the general Sess. of the whole County. LVI. The Sheriff and Head officers within their several precincts shall cause the said rates to be proclaimed in such sort, as if they had been sent down printed from the Lord Keeper, which all persons shall be bound to observe upon the pains and penalties mentioned in the said Statute of 5. El. 4. LVII. A Clothier convicted before the Justices of Ass. or P. in Sess. or before two Just. of P. (1. Qu.) by his own confession or the evidence of two Witnesses not to have observed the said Rates, shall forfeit x. s. to the party grieved, to be levied upon warrant from the same Just. by distress and sale of goods. LVIII. None shall incur any danger for not making Certisicate of the Rates into the Chancery according to 5. El. 4. LVIX. A Clothier being also a Just. of P. shall not be a Rater of Wages for any Artificer, that depends upon making of Cloth. S. Masons, Poor people, 6. 20. etc. Lader, S. Badger. Larceny, S. Bailement. 2. Trespass. Latin, S. Brass. Leather Tanner, Currier, and Shoemaker. I. Stat. 5.6. E. 6.15. None shall buy or engross Leather, to the intent to sell the same again, in pain to forfeit the same Leather, or the value there of be divided betwixt the King and the prosecutor, or Seisor. II. This Statute shall not restrain Girdlers and other Artificers to sell their necks, Wombs, and Shreds, nor the buying of so much Leather, as the party which buys it hath licence to transport. III. None shall transport any Shoes, Boots, Buskins, Stertups, or slippers, in pain to forfeit the same, or the value thereof, to be divided betwixt the King and the prosecutor or seisor. IU. No Girdler or other cutter of Leather in London shall curry it in his own house, in pain to forfeit the same Leather, to be divided betwixt the King and the prosecutor. V Stat. 1. M. Parl. 2.8. No Artificer using the Mystery of Leather buying shall buy any Leather and sell the same again to be transported, in pain to forfeit the same to be divided betwixt the King and the prosecutor. VI Curriers of London shall use their own stuff, in pain to forfeit the Leathers otherwise curried, to be divided as aforesaid. VII. No Currier shall curry any hides betwixt Saint Jamestide, and the Lady day, but only such as have been sufficiently dipped twice in the Pan, inpaine to forfeit the same to be divided as aforesaid. VIII. A Currier shall dress his Leather within the space of 5. days in Summer, and of x. days in Winter, in pain to forfeit to the party grieved for every hide otherwise dressed 10. s. IX. Stat. 5. El. 22. None shall make Pelts, or buy any skins of Stag, Hind, Buck, Do, Goat, Fawn, or Kid, except to make tawed or tanned Leather, or parchment, or otherwise to convert them to his own use, in pain to forfeit the value thereof, and besides 2. s. 6. d. for every pelt, or skin so made or bought. X. Stat. 18. El. 9 The penalty of transporting Leather. XI. Stat. 1. Jac. 22. None shall gash any hide in pain of xx. d. nor water them except in June, July, and August, nor put them to Sale being putrified, in pain to forfeit for every hide so watered or put to sale 3. s. 4. d. XII. None shall kill any Calves under 5. weeks old in pain to forfeit for every Calf so killed 6. s. 8. d. XIII. No Butcher shall exercise the Mystery of a Tanner, in pain of 6. s. 8. d. for every day he so continues both professions. XIV. None shall be a Tanner, but such as have served seven years as Apprentices, or hired servants in that trade, or the widow or children of a Tanner having a tan fat left them and having been brought up in that profession by the space of 4. years, in pain to forfeit all the Leather they tan, or the full value thereof. XV. None that useth the cutting, or working of Leather shall be a Tanner, in pain to forfeit all the Leather he tans, or the value thereof. XVI. None shall buy any rough Hides, or Calfeskins in the hair, but only such as do and may lawfully tan them (except salt Hides for the necessary use of Ships) in pain to forfeit them, or their just value, neither shall any forestall hides, but buy them in open Fair, or Market (except of such as kill beasts for their own provision) in pain to forfeit for every hide otherwise bought, 6. s. 8. d. XVII. None shall buy any tanned Leather unwrought but only such as will and shall convert the same into made wares. XVIII. This Act shall not restrain Artificers from buying tanned Leather every Monday at Leaden Hall to be converted into made wares being first duly searched, sealed, and registered, as hereafter is limited, nor Saddlers, and girdlers from selling their Necks and Shreds of tanned red Leather. XIX. The Tanner that overlimes his Hides, or useth in his tanning any thing save Ash-bark, Oakbark, Tapwort, Malt, Meal, Lyme, Culverdung, or Hendung, or suffers them to be frozen, or to be parched with the fire, or sun, or tannes hides which are rotten by long lying or otherwise, or continues not utter sole Leather 12 months in the Woozes, and upper Leathers 9 months, or doth negligently work his hides in the Woozes, not renewing, and strengthening them, as often as need shall require, or doth work them in any other sort, then is by this statute limited, shall forfeit every Hide so tanned and put to Sale, or the full value of the same. XX. No Tanner shall by mixtures raise any Hide for sole Leather, which shall not be fit for that use, in pain of forfeiting the same. XXI. None shall put to sale any tanned Leather red, and unwronght, but in open Fair, or Market, unless the same hath been searched and sealed in some Fair or Market before; neither shall any offer to sell any such Leather before it be searched and sealed, in pain to forfeit for every hide, otherwise put to sale 6. s. 8. d. and for every dozen of Calfeskins, or Sheepskins, 3. s. 4. d. besides the hides and skins themselves, or the full value there of. XXII. None shall put to sale any Leather insufficiently tanned, or dried, in pain to forfeit the whole, or at least so much as shall be so misused. XXIII. No Tanner shall hasten the tanning of his Leather by giving it unkind heats with hot woozes, or otherwise, in pain of x. l. and and to stand upon the Pillory three days, in the next market. XXIV. None shall buy or engross Bark to the intent to sell the same again in pain to forfeit it, or the value thereof; neither shall any Oak trees apt for barking, where Bark is worth 2. s. the Cart load (timber for the present and necessary repair of houses, Ships and Mills excepted) but only between the first of April and the last of June, in pain to forfeit the trees, otherwise felled, or the double value of the same. XXV. Purveyors of trees for the King's use shall fallen them only in barking time (except for the present repair of the King's houses or Ships) and shall take no more thereof from the owner, then what may serve the King's present occasion, in pain to forfeit to the party grieved for every tree otherwise felled or the Lops and tops thereof taken away xl. s. XXVI. A Currier shall not curry a Hide or Skin, which is not sufficiently tanned and dried, and that in his own house situate in some Corporate, or Market town, and not else where, neither shall he gash, or any other way spoil, or impair them, but work them sufficiently in all points, in pain to forfeit for every skin, or hid, so spoiled (otherwise then by gashing) 6. s. 8. d. besides the value of the same skin, or hid; And for gashing them, to forfeit to the party grieved twice so much, as he impaites them by gashing. XXVII. No Artificer within London, or within three mile's distance from it, shall put any Leather to be curried save only to some person free of the Company of Curriers in London, in pain to forfeit the same, or the value thereof. XXVIII. None within the aforesaid Jurisdiction of London shall use or put into made wares any curried Leather, before the same be searched, and sealed, in pain to forfeit for every Hide or Skin 6. shillings eight pence, and also the value of every such Hide, or Skin. XXIX. A Currier shall not use the Art of a Tanner, Cordwainer, Shoemaker, Butcher, or of any other Artificer, which useth the cutting of Learther, in pain to forfeit for every hide, or skin he currieth during that time, 6. s. 8. d. XXX. No currier (sufficient stuff being tendered unto him) shall refuse sufficiently to curry Leather within eight days in summer and 16. days in Winter, after he shall or may take it in hand, in pain to forfeit for every Hide, or piece of Leather not curried accordingly, x. s. XXXI. The Wardens of the Company of Curriers, or officers by them appointed, shall within one day after request made unto the them search and seal Leather curried, for which the Currier shall pay after the rate of a 1. d. for every Dicker of hides, and of as much for every six dozen of Calf skins; And the Currier shall forfeit for every hide, not searched and sealed as aforesaid 6. s. eight pence. XXXII. Shoemaker's shall make their boots, etc. of good and sufficient stuff, sow them well, and not put them to sale upon Sundays, in pain to forfeit for every such default, or offence 3. s. 4. d. and also the full value of all other wares otherwise made or sold. XXXIII. The Masters and Wardens of the Companies of Shoemakers, Curriers, Girdlers, and Sadlers, within the jurisdiction of London aforesaid, or the more part of them, shall once every quarter (or oftener if need reqire) make search and view of all wares made of tanned Leather, in pain to forfeit 40. l. for every year's default to be divided betwixt the King and the prosecutor, and shall also have power to seize all insufficent Wares found upon search. XXXIV. The said Masters and Wardens shall only search the wares of such as use their own professions, and Coachmakers shall be under the survey and search of the Company of Sadlers. XXXV. The Mayor, and Aldermen of London shall (within the said jurisdiction, and upon the like pain of xl. l. to be imploiod as aforesaid) choose, and swear 8. expert men out of some of the 4. Companies abovesaid, to be searchers, and Sealer's of all tanned Leather there, whereof one shall be assigned to keep the Seal. XXXVI. Head Officers and Lords of Liberties shall yearly in all other parts of the Kingdom (upon the like pain of xl. l. to be employed as aforesaid, appoint and swear two, three, or more, honest and skilful men to be searchers and sealer's of Leather, who shall have power to seal sufficient wares, and likewise to seize, and retain, such as be insufficient, until they shall be tried by Triers to be hereafter appointed by this Act. XXXVII. There shall be appointed six triers of insufficient Leather, and Leather wares, which shall be seized within the said jurisdiction of London; And when any insufficient Learther, or wares made of Leather are seized within any other jurisdiction, the chief officer, or the Lord of the Liberty, or his Deputy, shall cause trial thereof to be made by the oath of six honest men upon some Market day, and within 15. days after such seizure made. XXXVIII. The Lord Mayor of London and the Head officer, and Lord or Deputy aforesaid shall appoint Triers in their several jurisdictions, in pain of 5. l. to be divided betwixt the King and the prosecutor; And those Triers shall do their duties in that office without delay, in pain to forfeit for every default 5. l. XXXIX. Four of the Triers in London shall by yearly changed, and other four placed in their rooms, and none shall continue that office here above one year, and if any shall happen to be Trier two years together he shall not be chosen again within three years after, in pain to forfeit for every month he continues otherwise in that Office, x. l. XL. No Searcher and sealer of Leather shall refuse within convenient time to do his office, or allow any wares, which are insufficient, in pain of xl. s. And shall not take Bribes, or exact more than due Fees, in pain of xx. l. nor being lawfully elected shall refuse the office, in pain of x. l. XLI. All red tanned Leather which shall be brought within the aforesaid jurisdiction of London shall be carried to Leaden Hall before it be housed, and there searched sealed, and registered by the officers aforesaid, for which if it were sealed before (out of the said jurisdiction) they shall take half Fees only. XLII. None shall sell any tanned Leather within the abovesaid Jurisdiction of London, before the Officers there have searched and sealed it, in pain to forfeit the same, or the value thereof. XLIII. None shall withstand the searchers and Sealer's in the due execution of their office, nor the seizing of insufficient wares, in pain of 5. l. XLIV. The abovesaid Searchers and Searchers and Sealer's shall register all tanned Leather sold in Fairs or Markets together with the Prices thereof, and the names and dwelling places of the buyerand seller (being thereunto required by the said Buyer and Seller) taking as well of the buyer as of the seller 2. d. for every ten hides, backs or butts of Leather, and 2 d. for every six dozen of Calf skins or Sheep skins, and no more. XLV. None shall sell any tanned Leather (red and unwrought) before it be registered, in pain to forfe it the value thereof. XLVI. None shall buy any tanned Leather before it be searched, and sealed, nor carry it out of the Fair or Market before it be registered, in pain to forfeit the same or the value thereof. XLVII. The Currier within the jurisdiction of London aforesaid, which currieth not his Leather sufficiently, and every other Artificer there (using tanned and curried Leather) which putteth into his Wares Leathers insufficiently tanned or curried, shall forfeit for every such default the said Wares, and the just value thereof. XLVIII. No such Artificer shall sell any wares, but in open Shop, Fair, or Market, where due search may be made, in pain to forfeit the wares otherwise sold, and besides x. s. for every such offence. XLIX. Here the sums of money aforesaid forfeited shall be divided into three parts, whereof the King is to have one, the prosecutor another, and the City, Corporation, or Lord of the Liberty, the third. L. The Value of the wares forfeited within the jurisdiction of London, after praisement shall also be divided into three parts, whereof one shall be given to the seisor, another to the Chamber of London, and the third to the poor: And in all other places, one third part to charitable uses, another to the Head officer, or Lord of the Liberty, and the third to the Seisor or Seisors for their pains. LI. None shall buy any forfeited wares to sell them again, in pain to forfeit for every parcel thereof 3. s. 4. d. LII. This Act shall not prejudice the authority of the Universities, so that their Officers observe the provisions of this Act, under the Penalties therein contained. LIII. The Hides or Skins of Ox, Steer, Bull, Cow, Calf, Deer, Goats, and Sheep being tanned or tawed, & salt hides are reputed Leather within the Letter of this Statute. LIV. Justices of Ass. Just. of G. D. Just. of P. Stewards of Leets, the Mayor of London, and Head officers within their several precincts have power to hear, and determine these offences. LV. The King's Steward of a Leet, or Liberty shall have the same authority and be subject to the like penalties, that a Lord of a Leet hath and is subject to. LVI. It shall be lawful for all Artificers (save only Shoemakers between September, and the twentieth of April) to use dry, curried and frised Leather, being well tanned according to this Act. LVII. This Act shall extend to Wales. LVIII. If any Customer or other such Officer having notice of the transporting of any Leather, do not use his best endeavour to seize it, or being transported do not disclose it within forty days, he shall forfeit for the first default 100 l. and for the second lose his place; And every such Officer for making a false Certificate of the Arrival of any Leather shall also forfeit 100 l. LVIX. This Act shall not extend to Scottish Hides brought to Barwick. LX. Licences to dispense with the Offences prohibited by this Act shall be void. LXI. Stat. 4. Jac. 6. There shall be no penalty for housing, buying or selling Sheepskins unsealed. LXII. None shall sell tanned Leather by weight, in pain to forfeit the same, or the value thereof to be divided between the King and the prosecutor. See Actions popular, 18. Labourers, 53. Letters of Administration, S. Ecclesiastical Court. Liberties, and Franchises. Stat. 27. H. 8.24. All Stewards, Bailiffs, and other Ministers of Liberties, and Franchises which have used to attend the Just. of Ass. G. D. and of P. shall do it still, and shall also make due execution of all Process directed unto them: the said bailiffs likewise, or their Deputies shall give attendance, and assistance upon the Sheriff at all Courts of G. D. for execution of Prisoners there according to Justice. S. Sheriffs. Maineprise, S. Bailment. Maintenance, Champerty, Embracery, and Buying of Titles. I. STat. West. 1.3. E. 1.25. None of the King's officers shall either by himself, or others maintain Pleas, Suits, or Matters hanging in the King's Court, for land, tenements or other things for to have part or profit thereof, in pain to be punished at the King's pleasure. II. Stat. West. 1.3. E. 1.28. No Clerk of the King, or of any Justicer shall receive the presentment of any Church, for which there is debate in the King's Court, without the King's special Licence, in pain to lose the Church, and his service, and that no Clerk of any Justicer or Sheriff take part in any Suits, or use fraud whereby Common right may be delayed, in pain to be punished as aforesaid, and more grievously, if the Trespass require it. III. Stat. West. 2.13. E. 1.48. The Chancellor, Treasurer, Justices, any of the King's Council, Clerk of the Chancery, Exchequer or of any Justice, or other officer, or any of the King's house, Clerk, or Lay, shall not receive any Church or Advowson of a Church, Land, or Tenement in Fee by gift, by purchase, to farm, by Champerty, or otherwise, so long as the same thing is in Plea, nor shall take any reward thereof, in pain to be punished at the King's pleasure both the buyer, and seller. IV. Stat. 28. E. 1.11. None shall take upon him a business in Suit, with an intent to have part of the things sued for; neither shall any upon any such Covenant give up his right to another, in pain that the taker shall forfeit to the King so much of his lands and goods as doth amount to the value of the part so purchased for such maintenance, to be recovered by any that will sue for the King before the Justices, before whom the Plea hangeth. V This statute shall not prohibit any to take Counsel at Law, for his Fee, or of his parents, or next friends. VI Stat. 33. E. 1. He that shall be attainted of Champerty, or Maintenance shall suffer three years' imprisonment, and be fined at the King's pleasure. VII. Stat. 1. E. 3.14. None shall take upon him to maintain quarrels, and parties in the Country, to the Let, and disturbance of the Common law. VIII. Stat. 4. E. 3.11. Justices of the Benches, Justices of Assize, and of nisi prius shall hear, and determine, maintenance, Conspiracy, and Champerty. IX. Stat. 20. E. 3.4. None shall maintain any quarrels, save only their own. X. Stat. 1. R. 2.4. No great officer of the King shall maintain quarrels in the Country, in pain of a Fine, to be set by the King, and his Council, and no other person in pain of Imprisonment, and to be fined at the Kings will, and if he be the King's officer, or household servant he shall also lose his place. Stat. 1. R. 2.7. None shall give liveries for maintenance of Quarrels, in pain of Fine, and imprisonment. XII. Stat. 1. R. 2.9. All gifts or Feoffments of lands, Tenements, or goods for maintenance shall be void. XIII Stat. 7. R. 2.15. The Statutes of 1 E. 3.14.4. E. 3.11. & 1. R. 2.4. & 9 shall be duly executed in all points. XIV. Stat. 4. H. 4.8. If any make forcible entry into lands by way of Maintenance, the Chancellor of England shall grant a special Assize without suing to the King, and if the Disseisor shall be attainted thereof, he shall suffer one whole years imprisonment and restore double damages to the party grieved. XV. Stat. 32. H. 8.9. All statutes which concern Maintenance, Champerty, and Embracery shall be duly put in execution. XVI. None shall buy any pretended right or Title in any land, unless the seller hath taken the profits thereof one whole year before, in pain that both the buyer and seller shall each of them forfeit the value of the same land to be divided betwixt the King and the prosecutor. XVII. None shall unlawfully maintain any Suit or action, retain any person for Maintenance, Embrace Jurors, or suborn witnesses to the hindrance of Justice, or the procurement of perjury, in pain to forfeit for every such offence x. l. to be divided betwixt the King and the prosecutor. XVIII. Howbeit purchasing of a pretenced Title by him that is already lawfully possessed of the thing whereunto Title is made, is lawful. XIX. Proclamations shall be made at the Assizes of the Statutes made against Maintenance, Champerty, Embracery, and unlawful Retainers. XX. The Offenders against this Act shall be prosecuted within one year. See Actions Popular, 12.15.18. Force, 4. Marches. Stat. 31. H. 6.3. They may punish such as shall unlawfully (against the provision of this Statute) attach men dwelling fare off, to appear in the Warden Courts of the Marches near Scotland. Mariners, S. Captains, 32.35. etc. Markets, S. Horses, 11, etc. Marshals of the King's Bench, S. Bailement, 3. marshalsea, S. Poor people, 15. Marshes. Stat. 7. Jac. 20. Their power in recovering Marshgrounds in Norfolk, and Suffolk. Masons. Stat. 3. H. 6.1. It shall be Felony to plot confederacies amongst Masons, & those which assemble upon such confederacies shall suffer Imprisonment, and pay fine and ransom at the King's pleasure. Matrimony. I. Stat. 7. Jac. 11. It shall be Felony for any person to marry, which hath had notice that his or her former husband or wife was living, within seven years before. II. The Trial in this case shall be in the County where the party delinquent shall be apprehended. III. But this Statute shall not extend to question any for Felony, where the former marriage was (before the latter) severed by divorce, or declared void, in the Ecclesiastical Court, or was made before the age of consent, neither shall the breach of statute draw after Corruption of blood, loss of Dower, or disinherison of heir or heirs. Malt. I. Stat. 17. R. 2.4. Malt made in the Counties of Huntingdon, Cambridge, Northampton, and Bedford, and brought to London, for the provision of the Court, and City shall be well cleansed from Dust, and other filth: And Majors, Bailiffs, and Wardens of towns and places, where it is sold, have power to make search, and to see such defaults redressed. II. Stat. 2. E. 6.10. None shall employ less time in the making, and drying of Malt, except in the months of June, July, and August, than three weeks; and in these months, less than seaventeen days; nor put to sale any Malt mingled of good and bad, in pain to forfeit for every quarter otherwise ordered or sold, 2. s. to be divided betwixt the King and the prosecutor. III. None shall put any Malt to sale before (by treading, rubbing, and Fanning it) he shall have conveniently taken out of every quarter half a peck of Dust, or more, in pain to forfeit xx. d. for every quarter otherwise sold, to be divided betwixt the King and the prosecutor. IV. Justices of Peace in Sessions, and Stewards of Leets have power to hear and determine these offences as well by presentment of 12. men, as by information of two Witnesses. V Baylisses and Constables of towns, and places, where faulty Malt is made or mingled as aforesaid, have power to make search for it, and being found (with the Advise of a Justice of P.) to make sale thereof at their discretions. VI None shall be punished by this Act, which only maketh malt for his own provision, nor unless the Action be prosecuted within one year. VII. Stat. 39 El. 16. Justices of Peace in Sess. have power at their discretions to restrain the superfluous number of Maulsters and also of the Buyers of Barley to be converted into Malt. VII. If any man shall be convicted by the testimony of two witnesses, or his own Confession to have disobeyed the restraint aforesaid, he shall suffer three day's imprisonment, without bail, and there shall still remain until he shall (before some I. of P.) become bound by recognizance in xl. l. to obey the said Restraint. IX. Justices of P. of the County shall not execute this law within Corporations; but only the Justices and chief officers of the same Corporations. X. Those which have Barley of their own growing, tithe Corn, or rend Corn, may convert it into Malt notwithstanding this Statute. XI. Maulsters shall not meddle with the execution of this Act. S. Forestallers, 5. Measures, S. Weights. Millers, S. Weights, 12. Money. I. Stat. 25. E. 3.2. It shall be high Treason to counterfeit the King's money, or to bring into this Kingdom counterfeit money knowing it to be false. II. Stat. 3. H. 5.7. Just. of Ass. and Just. of P. shall have power by Commission the Kings to hear, and determine the offences of bringing in of false money as also of counterfeiting, washing, or Clipping it, and of every other falsity concerning money. III. Stat. 1. M. 6. It shall be adjudged high Treason to counterfeit foreign Coin, currant in England. IV. Stat. 1.2. P. M. 11. It shall be high Treason to bring into this Kingdom any counterfeit foreign Coin to the intent to utter it here, knowing the same to be false. V Stat. 5. Elizab. 11. It shall be high Treason to clip, wash, round or file currant money, whether English or Foreign; for which the offender shall suffer, as in case of high Treason, and also shall forfeit his goods and Chattels for ever, and his lands also during life. VI Stat. 14. El. 3. It shall be misprision of Treason to counterfeit foreign Coin, not currant in England; for which the offender shall suffer imprisonment, and forfeit such lands and goods, as in case of misprision of Treason for concealment of high Treason. VII. Stat. 18. El. 1. It shall be high treason to diminish, shalt or lighten any Currant Coin, English, or foreign, for which the offender shall forfeit his goods and Chattels for ever, and his lands during life; But here there shall be no Corruption of Blood, or loss of Dower. VIII. A Peer of the Realm guilty of this offence shall be tried by his Peers. Mortuaries. I. Stat. 21. H. 8.6. None shall take, or demand for a mortuary any thing at all, where (by the Custom) they have not been usually paid, nor upon the death of a woman Covert, a Child, any person not keeping house, a wayfaring man, one not residing in the place, where he happens to die, or where the goods of the dead person (debts deducted) amount not to the value of x. marks, or above the sum, 3. s. 4. d. when they exceed not xxx. l. or above 6. s. 8. d. when they exceed xxx. l. and not xl. l. or above x. s. when they amount to xl. l. or above, in pain to forfeit so much as they shall take above the several sums limited by this Act, besides xl. s. to the party grieved to be recovered by Action of Debt. II. Mortuaries for wayfairing men, and all other, which die out of their place of Residence, shall be paid only in the place, where they had their most habitation at the time of their death, and no more but one Mortuary upon one death. III. Less Mortuaries already settled by Custom, shall not be increased by this Act; And there also, persons exempted by this Act, shall not hereafter be chargeable. See the stat. 29. H. 8.15. Note that I. of P. may punish those for extortion which take more than this statute allows, Vide Lambert, 435. & Rast in Tabula. Murder. I. Stat. 52. H. 3.25. Murder from henceforth shall not be judged before the Justices, where it is found misfortune only, but it shall take place in such as are slain by felony and not otherwise. II. Stat. 6. E. 1.9. No Writ shall issue out of the Chancery for the death of a man: but the delinquent shall be imprisoned till the coming of the Justices in Eyre, or Justices of G. D. and having put himself upon the Country, if it shall be found by misfortune, or in his own defence, upon report thereof by the Just. the King (if he please) may take him to his grace. III. An Appealor, which declares the deed, the year, the day, the hour, the time of the King, the place where, the weapon by which the party was slain, and prosecutes his Suit within a year and a day, shall not be barred for default of fresh Suit. IV. Stat. 2.3. E. 6.24. If one be stricken, or poisoned in one County, and die thereof in another, an Indictment found against the Offender in the County where the party died, shall be as effectual, as one found in the County, where he was first stricken or poisoned: And there also may an Appeal be sued as well against the Accessaries as Principal. V An Indictment found against an Accessary to any such Murder, or Felony in another County, then where the principal offence was committed, shall be as effectual, as if it had been found in the same County; And the Justices, before whom such Accessary shall be tried, or two of them, shall write to the Custos Rotulorum, of the other County for a Certificate of the proceeding against the Principal, and shall give Judgement accordingly. S. Eastardy, 4. Clergy, Felony, 15. News. Stat. West. 1.3. E. 1.33. None shall report any false or slanderous news, or tales whereupon discord may arise between the King, and his People, or the great men of the Realm, in pain of Imprisonment, till he produce the Author. See also 2. R. 2.5. & 12. R. 2.11. S. Pishdayes, 11. Oatmeal, S. Forestallers, 5. Oaths, S. Recusants, 8.88. Sewers, 2. Sheriffs, 17. Ordinary, S. Ecclesiastical Court. Oldfeild Dike in the Isle of Ely, S. Felony, 13. Outlawed persons, S. Bailement, 1. Sheriffs, 4. Outlawries, S. Certificate. Pannell, S. Jurors. Pardon. I. Stat. 2. E. 3.2. No Pardon shall be granted of Manslaughter, Robery, Felony, or other trespasses against the Peace, but only where the King may do it, saving his oath, viz. where one slayeth another in his own defence, or by misfortune. II. Stat. 4. E. 3.13. & 10. E. 3.2. The statute of 2. E. 3.2. shall be duly put in Execution. III. Stat. 10. E. 3.3. Those which obtain the Kings Pardon for Felony shall within three months after such Pardon produce before the Sheriff, and Coroners six sufficient mainprisors, or Sureties, who shall under their seals be bound for the good behaviour of the party pardoned, which Mainprises shall be returned into the Chancery within three weeks after the said 3. months. iv If the party pardoned fail to procure such surety, or having procured bear himself otherwise against the Peace than he ought, the pardon shall be holden for none. V Stat. 14. E. 3.15. No pardon of the death of a man or other Felony shall be granted, but only where the King may do it, saving the oath of his Crown, and if any pardon be granted against the Statutes made before this time, it shall be holden for none. VI Stat. 27. E. 3.2. Pardons, which have not in them the suggestion, whereupon they are granted, and also the suggestors name, shall be void; so are those likewise, which are granted upon false suggestions. VII. Stat. 13. R. 2.1. In a Pardon the offence committed shall be specified, otherwise it shall not be allowed. VIII. No pardon of Treason or Felony shall pass without warrant of the Privy Seal. IX. If the offence pardoned be afterwards found wilful murder, that Pardon shall not be allowed. X. Stat. 5. H. 4.2. If an approver shall commit felony after he is pardoned, he that procured his pardon shall forfeit C. l. whose name shall also (for that purpose) be inserted in the said Pardon. Parks, S. Hunting. Parliament. I. Stat. 23. H. 6.11. The Sheriff the next County Court after he shall have received the writ for assessing the wages of the Knights of the Parliament, shall make proclamation that the Coroners, Chief Constables, Bailiffs, and all other (that will) appear at the next County Court to Assess the same Wages, at which last County the Sheriff and the other officers shall be present in proper person in pain that every one which makes default shall forfeit xl. s. II. The Sheriff or other officer which levies more than is assessed shall forfeit xx. l. to the King, and x. l. to the prosecutor. III. Justices of both the Benches, Just. of Assize, G. D. and of P. have power to hear, and determine these abuses, as well at the Suit of the King, as of the party. iv This Assessment shall not be levied, but only in places, where it hath been formerly levied, and hereafter in every writ for that purpose, this Act shall be inserted. V Stat. 35. H. 8.11. Two Justices of P. in every County of Wales, and Monmouthshire have power to tax the Cities, Burroughs, and towns there, what proportion every of them shall pay towards the Charges of their Burgesses for the Parliament. VI It appears by the preamble of this Statute that the Wages of a Knight of the Parliament is 4. s. the day, and of a Burgess, 2. s. or more. Partridges, S. Hawkes. Paving. I. Stat. 13. El. 23. An Act made for the paving of certain streets, and Lanes about Aldgate, and white Chapel in the suburbs of London, and for cleansing certain ditches thereabouts, and that I. of P. of London and Middlesex may inquire, and assess fines for defaults to the Queen's use. II. Stat. 23. El. 12. This Statute is an Addition of the former by virtue whereof I. of P. there have power to make a Scavenger. Penal Statutes, S. Actions Popular. Perjury. I. Stat. 5. El. 9 None shall suborn a Witness to give testimony in any Court of Record concerning any lands, goods, Debts, or damages, in pain of xl. l. And if the offender being convicted thereof hath not wherewithal to satisfy the said Forfeiture, he shall suffer six month's imprisonment without Bail, stand upon the Pillory one whole hour in the next or same market Town where the offence was committed, and be for ever after disabled to give Testimony in any Court of Record, until the Judgement given against him be reversed by Attaint or otherwise. See Maintenance. II. He that commits wilful perjury shall forfeit xx. l. suffer six month's Imprisonment without Bail, and be ever after disabled to give Evidence, until the Judgement given against him shall be reversed as aforesaid; And here also, if he hath not wherewithal to discharrge the fine (in the Country) the Sheriff, or (in a Corporation) the Head officer shall cause him to be set upon the Pillory in some market place, and to have both his ears nailed. III. The Forfeitures abovesaid shall be divided bet wixt the Queen and the party grieved. IV. Judges of the Courts where such offences shall happen to be committed, I. of Ass. G. D. and of P. have power to hear and determine the same offences. V This statute shall be proclaimed at every Assize. VI This Act shall not extend to any Court ecclesiastical, but that they may there proceed as in times past. VII. This Act shall not restrain the pow-of the Star Chamber to punish heinous Perjuries. VIII. Howbeit, none served with a Process out of a Court of Record to testify, as a witness (being tendered convenient charges, and having no reasonable let) shall therein make default, in pain to forfeit x. l. and to yield such further Recompense to the party grieved, as the Judge of the same Court shall think fit, according to the damage sustained; which said sums shall be recovered by the said party grieved in any of her Majesty's Courts of Record by Action of Debt, wherein no wager, essoine, or protection shall be allowed. Petty Treason, S. Clergy. Pewter, S. Brass. Physicians. I. Stat. 14. H. 8.5. None shall practise Physic in the Country without a Testimonial of his sufficiency from the College of Physicians in London, unless he be a Graduate of one of the Universities. II. Stat. 1. M. 9 Sess. 1 Just. of P. Mayor, Sheriffs, Bailiffs, Constables, and other officers shall assist the Precedent of the College of Physicians in London, and all persons authorised by them for the due execution of their Laws, and Statutes, in pain to run in Contempt of the Queen's Majestic, her heirs, and successors. Pillory, S. Weights. Plague. I. Stat. 1. Jac. 31. The Mayor, Bailiffs, Head officers, or Just. of P. of a Corporation or any two such Justices, have power to tax the Inhabitants there towards the relief of those, which are infected with the Plague, and to make warrant under their hands and seals for any person to levy the said tax upon the goods of those, which shall refuse or neglect to pay the same; And if no goods can be found to satisfy the tax upon the party's refusal of it, to commit him to Prison there to remain until the tax be satisfied. II. If the Corporation shall not be able to relieve the persons infected, upon Certificate thereof to the Just. of P. of the County thereunto adjoining, or any two of the said Justices shall have like power to tax, levy, and imprison, as aforesaid, within five Miles distance of the said Corporation. III. In towns, and places not corporate, or where there are no Justices, or Head officers as aforesaid two Justices of P. of the County, shall tax, levy, and imprison, as aforesaid, within five Miles distance of the town, or place so infected. iv These taxes shall be certified in at the next Qu. Sess. of the Corporation, or County respectively, and shall there be ordered, as by the Justices there, or the more part of them shall be thought fit. V The Constable or other officer, which wilfully neglects to levy the tax upon a warrant, as aforesaid, shall forfeit for every such default x. s. to be employed upon the charitable uses aforesaid. VI If any infected person residing in an infected house after command by a Justice or other officer presume to come forth, the Watchmen may resist him, and if any hurt happen to him thereupon, the Watchmen shall not be impeached therefore. VII. If any person having a sore upon him go abroad, and converse in Company, he shall suffer as a Felon, and if he have no sore, he shall be punished, as a vagabond according to the Statute of 39 El. 4. See Vagabonds, 3. etc. VIII. No Attainder of Felony by virtue of this Act shall extend to Corruption of Blood, or forfeiture of goods or Lands. IX. It shall be lawful for the Just. of P. and Head officers to appoint Scarchers, Watchmen, Examiner's, Keepers, and Buriers, and to minister unto them oaths for the due performance of their offices, and to give them other directions as in their discretion shall be thought fit. X. Justices of P. or Head officers shall not by force of this Act meddle in the Universities, Cathedral Churches, or Colleges. Plays and Games. I Stat. 33. H. 8.9. None shall keep, or maintain a house or place of unlawful games, in pain of xl. s. and none shall use, or haunt such places, in pain of 6. s. 8. d. II. In every Placard to keep common Gaming the Games there to be used shall be inserted, as also the persons, who shall play thereat, and every Placard otherwise granted shall be void: The G antee also of such a Placard shall be bound by recognizance in the Chancery with good sureties, not to use it contrary to the from thereof. III. It shall be lawful for Justices of P. in every County and for Head Officers in Corporations (as well within Liberties as without) to enter and resort into all such houses, and places, where such unlawful Games are suspected to be used, and aswell the Keepers thereof, as the resorters thereunto, to arrest and imprison, until they shall severally give good Security (at the discretions of the said Justices or officers) not to keep, or use such games any more. iv Every Mayor, Sheriff, Bailiff, Constable, and other Head officer within every City, Borough, or town shall make due search (as aforesaid) once every month at least, in pain to forfeit xl. s. for every such default. V. No Artificer, or his Journeyman, No Husbandman, Apprentice, Labourer, Servant at husbandry, Mariner, Fisherman, Waterman, or Servingman, shall play at Tables, Tennis, Dice, Cards, Bowles', Clash, Coyting, Logating, or any other unlawful game out of Christmas, or then, out of their Master's house, or presence, in pain of xx. s. And none shall play at Bowls in open places out of his Garden or Orchard, in pain of 6. s. 8. d. VI All Informations, or suits upon this Statute shall be prosecuted within one year, and the forfeitures thereof, which happen within a Leet or Liberty shall be divided betwixt the King & the Lord thereof, & in all other places betwixt the King & the prosecutor. VII. Proclamation of this Act shall be made quarterly in every Market Town, as also at every G. D. Ass. and Sess. VIII. This Act shall not restrain a servant by his Master's Licence to play at Cards, dice, or Tables with the Master himself, or other gentleman resorting to the Master's house; and if the Master hath Freehold of 100 l. per annum, he may also licence his servant to play at Bowles', or Tennis. IX. Stat. 2.3. P. M. 9 All Licences to keep houses and places of unlawful Games shall be void. X. Stat. 3. Jac. 21. None shall in any stage play, Show, May-game, or Pageant profanely use the name of God, Christ Jesus, the Holy Ghost, or Trinity, in pain of x. l. to be divided betwixt the King and the prosecutor. S. Actions Popular, 17. Alehouses, 2. Holidays, 1. Ponds, S. Hunters. Poor People. I. Stat. 43. El. 1. The Churchwardens of every parish, and 4.3. or 2. householders there, (according to the greatness of the parish) to be nominated yearly in Easter week or within one month after under the hands and seals of two Justices of P. (1. Qu.) shall be called Overseers of the Poor for the same parish. II. These Officers or the greater part of them shall take order (with the Consent of two such Just.) for the setting of poor people to work, and for raising (by taxation) a convenient stock, to work upon, to relieve impotent persons, to put forth Apprentices, and to perform all other things concerning the premises. III. These officers or such of them as shall not be let by some just excuse (to be allowed two such Justices) shall meet monthly in the Church upon the Sunday after Evening prayer, and there consider of some meet direction in the premises; And shall within four days after the end of their year and other Overseers nominated, yield up a true account to such two Justices, pay the Surplusage thereof to their successors, and use all possible diligence in their office, in pain to forfeit for every such default xx. s. IV Where the Inhabitants of any parish are not able to relieve themselves, two such I. may tax other parishes and places, and the whole Hundred also (if need require) and where the whole Hundred is not able, Just. of P. in Ses●. may tax the County in part or wholly at their discretions. V It shall be lawful for the said officers upon warrant from two such Just. to levy such tax or surplusage by distress and sale of goods, and in default of distress two of the said Just. have power to commit the party to Prison there to remain without Bail, until it be discharged, and also to commit persons, which refuse to work to the house of Correction. VI The said officers, or the greater part of them with the assent of two I. of P. may bind poor Children Apprentices, viz. a man child till 24. years of age, and a woman Child till 21. years, or Marriage. VII. The said officers shall (with the Consent of the Lord of the Manor first obtained in writing under his hand and Seal) either of themselves or by virtue of a Sess. order erect Cottages upon the waist and lodge Inmates therein, notwithstanding the statute of 31. El. 7. But those Cottages shall not be afterwards otherwise employed then to lodge impotent persons therein, upon the pains mentioned in the said statute of 31. El. VIII. Justices of P. in Sess. shall rectify unjust taxes, whose order therein shall be binding to all parties. IX. The Father, Grandfather, Mother, Grandmother, and Children of every poor person shall be assessed towards their relief, as the Just. of P. in Sess. of the County where such Father, etc. dwells, shall limit and appoint, in pain to forfeit 20. s. a month. X. Officers in Corporate towns, and Aldermen of London, have in their several precincts like authority that Just. of P. have in the Counties, which said Just. are not to intermeddle in Corporations for the execution of this Law. XI. When one parish extends into several Counties or Liberties, the Justices or head Officers shall only intermeddle within their respective limits; but the Churchwardens and Overseers shall have mixed Jurisdiction, and shall render account (as aforesaid) to the Justices or head. Officers of both places. XII. If it happen no Overseers to be appointed according to this Statute, every Just. of P. or head Officer of that Division, or Corporation, shall forfeit 5. l. to be levied by a Sessions warrant, and employed to the use of the poor of the Parish, where such default is made. XIII. The forfeitures of this Statute shall be employed to the use of the poor, as aforesaid, and shall be levied by distress and commitment, as is above remembered in the fifth clause. XIV Justices of P. of every County and Corporation, or the more part of them, at their Easter Sessions, shall yearly (or as often as they shall think fit) rate every Parish at a certain sum, to be paid weekly; but so, as no parish may pay more than six pence, nor less than a half penny, and (one Parish being considered with another) not above two pence a piece, through the whole County or Corporation; which sums so rated, the Churchwardens and Constab. of every Parish, or any of them (or in their default a Just. of P.) have power to assess and levy by distress, sale and commitment, as aforesaid. XV. Justices of P. shall then likewise rate every parish, towards the relief of the King's Bench and Marshalsea, and also of Hospitals and Almshouses situate within their several Jurisdictions, appointing only so much to the said Hospitals and Almshouses, that the King's Bench and Marshalsea may each of them receive at least 20. s. yearly out of every County: And the sums thus to be assessed upon every Parish, the Churchwardens there shall collect and pay over quarterly to the high Constable of that respective Division, ten days before every quarter Sessions, and the high Constable shall every quarter Sess. pay the same over to the two Treasurers of the County, or one of them, to be yearly chosen by the more part of the Justices of P. and such Subsidy-men as were taxed in the last rate of Subsidies at 5. l. lands, or 10. l. goods: which Treasurers so chosen, shall yearly at Easter Sessions render a true account to their successors, and pay the moneys in their hands to the L. Chief Justice of the King's Bench, and the Knight Martial, by equal portions. And here, the Churchwarden or his Executors, etc. which fails in payment to the high Const. shall forfeit 10. s. and the high Const. or his Executors, etc. which fails in payment to the Treasurers, shall forfeit 20. s. to be levied and employed by the said Treasurers, as aforesaid. XVI. The stock of every County shall be ordered and disposed to charitable uses, as the Justices or the more part of them shall think convenient. XVII. The Treasurer that refuseth to execute his office, to distribute relief, or to account, as the more part of the Justices shall direct, shall be fined by the same Justices, or (in their default) by the Judges of Assize, three pounds at least, which fine shall be levied by sale of goods, upon the prosecution of any two Justices authorized by the rest. XVIII. A provision for the Island of Foulness in Essex. XIX. Upon an Action brought for the due execution of this Act, the defendant may plead the general Issue, and yet give special matter in evidence; and shall also recover triple damages, and his costs of suit. XX. Stat. 1. Jac. 25. All persons, to whom the Overseers of the poor shall (according to the Statute of 43. El. 2.) bind any children Apprentices, may take, receive, and keep them as Apprentices. Stat. 21. Jac. 28. XXI. Stat. 3. Car. 4. All persons, to whom the Overseers of the poor shall (according to the Stat. of 43. El. 2.) bind any children Apprentices, may take, receive, and keep them as Apprentices. XXII. The Churchwardens and Overseers of the poor (mentioned in the Statute of 43. El. 2.) may, with the consent of two or more Just. of P. (1. Qu.) within their respective limits, wherein there shall be more Just. of P. than one, and where no more shall be then one, with the assent of that one Justice, set up, use and occupy any Trade, Mystery or Occupation, only for the setting on work, and better relief of the poor of the parish, or place where they so bear office respectively. Poulters, S. Victual, 2. 10. Powdike in Norfolk, S. Felony, 13. Poisoning, S. Murder. Presentments, S. Indictments. Priests, S. Recusants. Prisons, Prisoners, Gaoles, Gaolers. I. Stat. 4. E. 3.10. Sheriffs and Gaolers shall receive offenders without any thing taking, in pain to be punished by the Justices of Gaole-delivery. II. Stat. 14. E. 3.10. Gaoles which were wont to be in the Sheriff's custody, shall be again rejoined to their Baliwicks. See Stat. 13. R. 2.15. & 19 H. 7.10. III. The Gaoler, which by dures compels a prisoner to become an Approver, shall have judgement of life and member. IV. Stat. 5. H. 4.10. Justices of P. shall imprison none, but in the common Gaol. V Stat. 14. El. 5. Just. of P. in Sess. or the more part of them, have power to tax every parish in the County (but not above 6. d. or 8. d. a piece) towards the relief of prisoners, which tax the Churchwardens of every Parish shall levy every Sunday, and pay it in quarterly to the high Constable, or (in a Corporation) to the head Officer, and the high Const. or head Officer shall pay the same at every Qu. Sess. to the Collectors thereof, to be appointed by the said Justices, who shall distribute it weekly to the said prisoners. VI The Churchwardens, high Constables, head Officers, or Collectors aforesaid, which herein shall be found negligent, shall forfeit 5. l. to be divided betwixt the Queen and the prisoners. VII. Justices of P. within the County shall not intermeddle within a Corporation for the execution of this Act; but only the Mayor or head Officers of the same. VIII. Stat. 3. Jac. 10. An offender which is to be conveyed to the Gaol, shall bear all charges, both of himself, and of those which guard him. IX. If he refuse so to do, upon warrant from a Just. of P. the Constable of the township where he hath any goods, (being within the same County) may sell so much thereof, as in the discretion of the said Justice shall be thought sufficient to satisfy the said charges; the appraisement thereof to be made by the neighbours there, and the overplus to be rendered to the said offender. X. If the offender hath no goods to satisfy the charges, the Constables, Churchwardens, and two or three other honest Inhabitants, or (in case there be no such Officers there) four of the principal Inhabitants of the Parish where he was taken, shall make a tax, according to which (being allowed under the hand of a Just. of P.) every Inhabitant shall pay the said charges; And upon refusal, (by warrant from a Just. of P.) the Constable, Tythingman, or other Officer, hath power to levy the same by distress, and (after appraisement by four Inhabitants there) to sell the same, rendering the overplus to the party so refusing. XI. Here if the Officer which distrains be sued, he shall plead Justification, and upon verdict for him, or nonsuit of the Plaintiff, he shall recover triple damages, besides costs of suit. See Bailement, 1, 10. Cerciorari, Felony. 2, 3, 11. Probat of Wills, S. Ecclesiastical Court. Process. Stat. 5. E. 3.11. Justices assigned to hear and determine felonies, may make out process against felons appealed, indicted, or outlawed before them, into foreign Counties for their apprehension. See Supersedeas, 2. Prophecies. I. Stat. 5. El. 15. None shall publish or set forth any fantastical or false prophecy, with an intent to raise sedition, in pain to forfeit for the first offence 10 l. and to suffer one whole years imprisonment; and for the second, all his goods, and to incur imprisonment during life; which said forfeitures are to be divided betwixt the King and the prosecutor. II. Justices of Ass. Oyre and Term. and of P. have power to hear and determine this offence, being prosecuted within six months, otherwise not. Purveyors, Takers. I. Stat. Magna Charta, 9 H. 3.19. No Constable of a Castle, or his Bailiff shall take Corn or Cattles of a foreign dweller without present payment, nor of an Inhabitant, without payment within forty days. See Stat. 3. E. 3.7. II. Ibidem, cap. 21. No Sheriff or Bailiff of the Kings, or any other, shall take the Horses or Carts of any man to make carriage, except he pay for carriage with two horses, after the rate of 10. d. a day, and with three, 14. d. a day. III. No Demesne cart of any Spiritual person, Lord, or Knight, shall be taken for carriage by the King's Bailiffs; neither shall any would be taken for the King's use, without the owner's licence. IV. Stat. de Tallagio non concedendo, tempore H. 3. None of the King's ministers shall take any Corn, Hides, or any other goods, without the owner's consent. Stat. tempore E. 1. V Stat. 3. E. 1.1. None shall make purveyances of goods, carriages, Ships, or Barges, without the owner's consent. VI Stat. 3. E. 1.31. Purveyors, which take any thing for the King's use upon credence, shall, immediately after they have received money of the King, for the discharge thereof, pay the Creditors, in pain to have the same (together with damages) levied of their lands and goods, and also to make fine for the trespass: And if they have neither lands nor goods, they shall suffer imprisonment at the Kings will. VII. None shall take more Horses or Carts for the King's use, than need requires; nor take reward to excuse any, in pain to be punished by the Marshals, if he be of the Court; and if not (being thereof attainted) to pay triple damages, and to remain in the King's prison forty days. VIII. Stat. 28. E. 1.2. None save the King's Purveyors shall take any prizes, and they only for the use of his house, paying, or making agreement with the party for the same, if the prizes taken be meat, drink, or such other mean things. IX. Purveyors shall before they take any goods, show their warrant to the owner, which warrant shall be under the Great or petty Seal, declaring also their authority, and the goods, whereof they are to make purveyance; neither shall they take any more than need requires. X. Purveyors shall not take any thing for them that be in wages, nor for any other; but shall make full answer in the King's house and in the Wardrobe, for all things taken by them, without making their largesse elsewhere, or Liveries of such things as they have taken for the King. XI. A Purveyor (upon complaint made to the Steward or Treasurer of the King's house) being attainted to have offended in the premises, shall forthwith agree with the party grieved, be put out of the King's service for ever, and remain in prison at the King's pleasure. XII. If a Purveyor be attainted to have taken any thing without warrant, he shall be conveyed to the next Gaol, and suffer as a Felon, if the value of the goods do so require. XIII. Concerning prices made in Fairs, good Towns, and Ports, for the King's great Wardobe, the Purveyors shall have their common warrant under the Great Seal. XIV. This Act shall not diminish the King's right for ancient prices due and accustomed, as of Wines and other goods, See this Stat. confirmed, 18. E. 2.2. & 4. E. 3.4. XV. Stat. 4. E. 3.3. No purveyance shall be made, but only for the houses of the King, Queen, or their Children. XVI. Purveyances made for those houses shall be taken by ordinary striked measure, and prised at the true value by the Constable, and other good men of the place, according to their Oath, and without threats or dures; for which express payment shall be made before the King's departure out of the verge. See this Statute confirmed, 10. E. 3.1. XVII. Stat. 5. E. 3.2. Purveyances for the Kings, Queens, or King's children's houses, shall be made without menace by the Constables, and four discreet men of the place, where they are to be taken, who shall also be thereto sworn; And Tallies of the goods so taken shall be struck betwixt the Purveyors and the owners thereof, in the presence of those Constables and praisers, under the seals of the said Purveyors, according to which the said owners shall be afterwards paid; And if a Purveyor shall be attainted to have taken any thing otherwise then is limited by this Statute, he shall be imprisoned, and suffer as a Felon, if the value of the goods require it: And in every warrant of Purveyance, the form and penalty of this Statute shall be inserted. See Stat. 25. E. 3.1. XVIII. Stat. 10. E. 3.4. The Sheriff shall make purveyance for the King's horses. XIX. Stat. 14. E. 3.1. Spiritual persons goods shall not be taken by Purveyors, nor their houses charged with Horses, Dogs, Hawks, or the like, without their consent and good liking. Stat. XX. 14. E. 3.19. The King's Purveyors shall take nothing without the owner's consent, and shall pay for what they take, before the King's departure out of the verge; And if they attempt to do any thing against this Statute by colour of their Commission, no man is bound to obey them. XXI. For the Purveyance of Castles, and Towns in Scotland and England, Merchants shall be appointed by the Treasure without Commission; but none shall be cmpelled to sell any thing against their will. XXII. The Sheriff shall make Purveyance for a certain number of the King's horses, and Dogs, out of the issues of his Bailiwick. XXIII. The Country shall not be charged with any more than to keep these horses, viz. for every horse a servant, without bringing women, Pages, or dogs with them. XXIV. Stat. 18. E. 3.4. In Commissions for Purveyance, the fees of the Church shall be excepted. XXV. Stat. 25. E. 3.6. No purveyour shall take any timber growing about a man's house, in paint of one year's imprisonoment, and the loss of his Office. XXVI. Stat. 25. E. 3.15. No Purveyour shall take more Sheep for the King's house before sheere-day, then shall be needful, in pain to suffer as Felon; and this pain shall be inserted in every Commission of Purveyance. XXVII. 28. E. 3.12. When the value of the Purveyance exceeds not 20. s. present payment shall be made for it; when it amounts to more, payment shall be made for it within one quarter of a year after, upon a certain day, and at a place convenient for the party that is to receive it. XXVIII. Stat. 34. E. 3.2. No Purveyance shall be hereafier made, save only for the King, Qucene, or Prince. XXIX. Stat. 34. E. 3.3. As concerning Purveyances for the Qucene or Prince, present payment shall be made for Poultry or other shall things; but for other great purveyances, within a month or six weeks. XXX. Stat. 36. E. 3.2. From henceforth purveyances shall be made for the King and Qucenes houses only, and no other. XXXI. The heinous name of Purveyor shall be changed, and named Buyer. XXXII. If the Buyer and Seller cannot agree, the goods shall be appraised by the Lords, or Bailisses, Constables, and four men, containing the quantity of the take, the price, and of what persons: which take shall be made without dures or compulsion, in places of plenty, and in a convenient time. XXXIII. Purveyors shall be men of sufficiency, and shall make no Deputies; Their Commission shall be renewed every half year under the Great Seal; which none is bound to obey, unless they pay ready money, as well for things bought, as also for carringes. XXXIV. Purveyance of Grain or Malt shall be taken by striked measure, according to the Standard, and no more carriages to be used for it then shall be needful. XXXV. If any Purveyor or Buyer offend against this Statute, he shall suffer punishment of life and member. See this Statute confirmed, 23. H. 6.1. XXXVI. Stat. 36. E. 3.3. No Buyer shall spare any from carriages for reward, nor charge any for hatred or evil will, in pain to yield to the party grieved triple damages, suffer two year's imprisonment, to be ransomed at the Kings will, and to abjure the Court; and if the party grieved will not sue in this Case, any other that will, shall have the third penny of what shall be recovered. XXXVII. 36. E. 3.4. Commissions shall be awarded to inquire of the behaviour and acts of such Buyers. XXXVIII. Stat. 36. E. 3.5. None shall keep more horses of the Kings then shall be committed to him. XXXIX. None of the King or Queen's houses shall make any Purveyor, but shall buy provision, as others do, of those which are willing to sell. XL. Stat. 36. E. 3.6. It is felony for any subject's servant to take any thing by way of Purveyance without the owner's notice. See Stat. 7. R. 2.8. XLI. Stat. 1. R. 2.3. Prelate's shall have their actions of Trespass against Purveyors offending, and shall also recover triple damages. XLII. 20. R. 2.5. None shall take away any man's horse, or other thing whatsoever, upon pretencde of hastice business, in pain of Imprisonment, till he agree with the party grieved. XLIII. 2. H. 4.14. When the value of the thing taken exceeds not 40. s. the Purveyor shall make present payment for it, in apine to lose his Office, and also to pay as much to the party grieved. XLIV. Stat. 1. H. 5.10. No Purveyor shall take any Corn by other measure then according to eight bushels striked for the Quarter, in apine to suffer one year's Imprisonment, forfeit 5. l. to the King, and as much to the party grieved: And the Purveyor shall make present payment for the carriage thereof; and nothing shall be taken for the measuring of such Corne. Justices of P. have power to hear and determine this offence. XLV. Stat. 1. H. 6.2. The Statutes of Purveyors shall be proclaimed quarterly by every Sheriff throughout his Bailiwick, in pain to forfeit 5. l. for every time he makes default. XLVI. Stat. 20. H. 6.8. A Purveyor that takes goods, whose value exceeds not 10. s. and pays not present money for them, may lawfully be resisted: And here the Constable, Headborough or other Officer, shall (upon request) assist the owner, in pain to yield unto the said owner, the value of the goods so taken, and double damages. XLVII. None of the King's Officers shall arrest or trouble any of the King's subjects for any such resistance, in pain of 20. l. to be divided betwixt the King and the prosecutor. XLVIII. Justices of P. have power to hear and determine the offences committed against this Act, and, upon conviction of the defendant, to award damages to the Plaintiff. XLIX. In every Purveyors Commission this Act shall be inserted, and shall also be sent to the Sheriffs of every County to be proclaimed amongst other Statutes of Purveyors, according to the Stat. of 1. H. 6.2. L. Stat. 23. H. 6.1, 2. Every Purveyor before he receive his Commission shall be sworn in the Chancery to take nothing of the King's subjects, contrary to the Statute of 36. E. 3.2, 3. LI. The party grieved by taking, which (upon request) was not assisted by the Praysor, Town, or Towns adjoining, may bring his Action of Debt against the Town, or the Purveyor, which he likes best, and shall recover the triple value of his goods so taken away, together with his costs & triple damages; And none of the King's Officers shall trouble any of the King's subjects for the execution of this Act, in pain to forfeit 20. l. to the party grieved, besides his costs and damages, for which he may have a Writ of Debt, in which Action no Wager of Law, Assoigne, Aide of the King, or Protection shall be allowed: And the debt, damages, and executions recovered against a Purveyor in this Case (if he hath not whereof to pay them) shall be satisfied by the Sergeant of the Catery, unto whom a Scine facias shall be directed for that purpose. LII. These Statutes shall be sent to the Just. of P. in every County, to the end they may be yearly proclaimed. LIII. Stat. 23. H. 6.14. All Majors, Bailiffs, Constables, and other Officers, shall (upon request made) arrest and imprison without bail all Purveyors (except only the Kings or Queens) which take any goods or carriages from any of the King's subjects, in pain to forfeit 20. l. to be divided betwixt the King, and the party grieved, in case he will sue for it; but if not, then betwixt the King and the prosecutor: And the party offending, being duly convicted thereof, shall yield to the party grieved the triple value of the goods so taken, and double costs, and besides shall fine to the King for the trespass committed. LIV. Here no Wager of Law, or the King's Protection shall be allowed to the Defendant. LV. This Act shall not restrain the punishment ordained against the King's Purveyors. LVI. Stat. 28. H. 6.2. No person keeping an Hostry, Brewhouse, or Victualling, shall be a Purveyor, and all Letters Patents of Purveyance granted to such shall be void. LVII. No Purveyor shall take any Horse or Cart, but by the consent of the owner, or delivery of the Mayor, Sheriff, Bailiffs, or Constable, in pain to be subject to an Action of Trespass, wherein the party grieved shall recover triple damages. LVIII. Stat. 27. H. 8.24. Purveyors assigned by the King's Commission, may provide victual, Corn, and all other things for the houses of the King, Queen, and their Children, as well within Liberties as without, notwithstanding any grant to the contrary: Provided such Purveyors shall observe the Statutes for them ordained, in every behalf. LVIX. Stat. 2, 3. P.M. 6. No Commission of Purveyance shall continue in force above six months. LX. In every such Commission shall be inserted the proportion and number of the things to be taken; as also the County or Counties where such purveyance is to be made. LXI. To every Commission shall be annexed blanks in parchment, according to the number of the Counties into which it extends, and in every such blank shall be fair written the proportion and number of the commodities there to be taken, which shall also be subscribed by the high Constables, Constables, or other Officers, which shall be privy to the delivery of the said goods. LXII. The Purveyor shall make writings or dockets of all things by him taken, and subscribing his name thereunto, shall deliver them to the Constables, Headboroughs, or other Officers of the places, where he takes the same things, in pain for every such default to suffer one year's imprisonment, and to forfeit a 100 marks, to be divided betwixt the King and the prosecutor; which said dockets shall be by the said Officers delivered over to the Justices of P. at their next general Sess. and by them certified to the Lord Steward, Treasurer, or controller of the King and Queen's houses, if such purveyance were for the house; but if for the Navy, then to the Treasurer, or comptroller of the Navy; And all this, to the end a true answer of the Purveyors Commission may fully appear. LXIII. This Statute shall not give liberty to Purveyors, or their Deputies, to execute their office otherwise, then is provided and expressed in other Statutes heretofore made, upon the pains and penalties in the same former Statutes contained. LXIV. Statutes made and provided for Purveyors, or Takers, shall also extend to their under takers, deputies and servants. LXV. All Commissions of Purveyance shall be written in English. LXVI. Stat. 2, 3. P.M. 15. No Purveyance shall be made within five miles of Oxford, or Cambridge, except by the owner's consent, or when the Court is within seven mile's distance of the same Universities, in pain to suffer three months' imprisonment without bail, and to forfeit four times the value of the things so taken, to be divided betwixt the common. Treasurers of the same Universities respectively, and the Prosecutor. LXVII. The Chancellor, Vicechancellor, or their Commissary, together with two Just. of P. of the County adjoining, have power to hear and determine this offence. LXVIII. Stat. 13. El. 21. Purveyance may be made within five miles of Oxford and Cambridge, by licence from the Chancellor or Vicechancellor, under their seal of office; And by licence under the hands and seals of the said Chancellor or Vicechancellor, and two Just. of Peace of the County adjoining, Purveyors may take victual from such, as refuse reasonably to serve the said Universities, notwithstanding the Stat. of 2, 3. P.M. 15. LXIX. This Act shall be in suspense during the Queen's abode within seven miles of either of the said Universities. S. Fish. 18. Leather, 25. Putting out of eyes, S. Felony, 5. Quarrelling, S. Fight. Quarter Sessions, S. Justices of Peace, 12.20. Rape. Ravishment. I. Stat. De Officio Coronatoris 3.4. E. 1. If any be Appealed of Rape, he must be attached, if the Appeal be fresh, and they must see apparent sign of truth, by effusion of blood, or an open cry made; and such shall be attached by four or six pledges, if they may be found; but if the Appeal were without cry, or any manifest sign or token, two pledges shall be sufficient. II. Stat. West. 2.13. E. 1.34. It is felony for a man to ravish a woman, although she consent after. III. Stat. 6. R. 2.6. Both the Ravisher, and the Ravished, (which shall consent after the fact) are disabled to have or challenge any Inheritance, Dower, or Joynt-estate, after the death of their Husband or Ancestor. III. Here the Husband, Father, or next of the blood shall have the sult, wherein the Defendant shall not be received to wage battle. IV. Stat. 3. H. 7.2. Where a woman which hath lands or goods, or is heir apparent to her Ancestor, is taken away against her will, both principal and accessaries shall suffer as felons. V Stat. 18. El. 7. He that is guilty of Rape shall not have the benefit of his Clergy. VI To know a woman carnally under the age of ten years, shall be felony without allowance of Clergy. VII. Stat. 39 El. 9 He that takes away a woman against her will, contrary to the Statute of 3. H. 7.2. together with the Accessaries before that offence committed, shall lose their benefit of Clergy. Record, S. Felony, 6. Recusants, Rome, Jesuits, Seminary Priests, etc. I. Stat. 16. R. 2.5. If any shall purchase or pursue from the Court of Rome, or elsewhere, any translations from one Spiritual promotion to another, or any Processes, sentences of Excommunication, Bulls, Instruments, or any other thing whatsoever derogatory to the King, his Crown, Realm, or Regalty, he and his accessaries shall incur a Praemunire, viz. shall be attached by their bodies, put out of the King's protection, forfeit to the King all their lands and goods, and if they cannot be found, process shall be made out against them by Praemunire facias. II. Stat. 25. H. 8.19. None shall sue any Appeal from Rome, nor execute any Process from thence, in pain that both they and their accessaries shall incur a Praemunire. III. Stat. 28. H. 8.16. All Bulls, Breves, Faculties, and Dispensations obtained from the Bishop of Rome, shall be void, and never hereafter used or alleged in any places or Courts of this Realm, upon the pains contained in the Statute of Praemunire, made in 16. R. 2.5. IV. Stat. 1. El. 1. None shall affirm or maintain the Power, or Jurisdiction of any foreign Prelate or Potentate within any of the Queen's dominions, in pain to forfeit all his goods and chattels; and if he be not worth 20. l. at the time of his conviction, he shall forfeit all he hath, and besides suffer one whole years imprisonment without bail: And here for the second offence he shall incur a Praemunire, and for the third shall be adjudged guilty of high Treason: But this offence must be prosecuted within one year after it is committed. See. 26. V If he be a Clergyman, Beneficed, upon the first conviction all his Spiritual promotions shall be void. VI If he be imprisoned for this offence, (committed by words only) and be not indicted for the same within six months after it is committed, he shall be set at liberty. VII. If a Peer of the Realm happen to be guilty of this offence, he shall be tried by his Peers. VIII. And here for the better observance of this Law, was the oath of Supremacy established, in these words following; I. A. B. do utterly testify and declare in my conscience, that the Queen's Highness is the only supreme Governor of this Realm, and of all other her Highness' Dominions and Countries, as well in all Spiritual or Ecclesiastical things or cases, as Temporal; and that no foreign Prince, Person, Prelate, State, or Potentate, hath or aught to have any Jurisdiction, Power, Superiority, Pre-eminence, or Authority, Ecclesiastical or Spiritual within this Realm; and therefore I do utterly renounce and forsake all fonaigne Jurisdictions, Powers, Superiorities, and Authorities, and do promise, that from henceforth I shall bear faith and true Allegiance to the Queen's Highness, her Heirs and lawful Successors, and to my power shall assist and defend all Jurisdictions, Privileges, Preeminencies, and Authorities, granted or belonging to the Queen's Highness, her Heirs and Successors, or united and annexed to the Imperial Crown of this Realm: So help me God, and by the Contents of this Book. IX. Stat. 5. El. 1. None shall maintain the Jurisdiction of the Bishop or See of Rome, within any of the Queen's dominions, in pain to incur a Praemunire. X. Just. of Ass. and Justices of Pain Sess. or any two of them, (1. Qu.) have power to hear and determine this offence; and are to certify such presentments into the King's Bench within 40. days after they receive them, if it shall be then Term time; if not, than the first day of the Term than next ensuing, in pain of 100 l. The Justices of the King's Bench also, as well upon such Certificate, as also before themselves, have power to hear and determine the same offence. XI. None compellable to take the oath of Supremacy by this Act, or by that of 1. El. 1. (which see in the Statutes at large) shall refuse to take it accordingly, in pain to incur a Praemunire. XII. If any refuse to take the same Oath upon the second tender, or being formerly convicted of maintaining the jurisdiction of the Bishop or See of Rome, as aforesaid, do commit the like offence the second time; in both these cases they shall suffer as in case of high Treason: But here, there shall be no corruption of Blood, disheriting of any heir, forfeiture of Dower, or prejudice to the right of any, save only of the offender during his life. XIII. This Act shall be published every Qu. Sess. by the Cl. of the P. and at every Leete by the Steward there, and once every Term in the open Hall of every Inn of Court and Chancery, at such times and by such persons as shall be appointed by the Lord Chancellor or Keeper for the time being. XIV. None of or above the degree of a Baron shall be compellable to take this oath: And here also a Peer offending, shall be tried be his Peers. Provided that none shall be compellable to take this oath upon a second tender, or be in danger (by the refusal thereof) to incur the penalty of high Treason, save only Clergymen, Officers of Ecclesiastical Courts, or such as shall not observe the Rites of Divine Service, do deprave by words or writing the Rites and Ceremonies of the Church of England, or do use to say or hear private Mass. XV. It shall not be lawful to slay one attainted in Praemunire. S. after 26. XVI. Stat. 13. El. 2. It shall be high Treason to obtain oor put in ure any Bull of Absolution, or reconciliation from the Bishop of Rome, or to absolve or be absolved thereby. XVII. The comforters and maintatiners of such offenders shall incur a Praemunire and their concealers' misprision of Treason, unless within six weeks they discover them to some of the Privy Council, or to one of the Precedents or Vice-Presidents of the Counsels established in the North, or Marches of Wales. XVIII. If any shall bring into any of the Queen's Dominions any Agnus Dei, Crosses, Prictures, Beads, or any such vain or superstitious thing, or deliver, or offer the same to any person to be used; both the person so doing, and the person so receiving the same shall incur a Praemunire; howbeit, if the party unto whom tender thereof shall be made, apprehend the party tendering the same, and carry him before the next Just. of P. or not being able so to do, within three days after discloseth his name, and the place of his abode, or resort unto the Ordinary, or some Justice of P. within the same County; or having received the same, doth within one day after deliver it to some such Justice of peace, then shall he not incur any prejudice by reason of this Act. XIX. A Just. of P. shall disclose the offences aforesaid to the Privy Council within 14. days after he shall have notice of them, in pain to incur a Praemunire. XX. Here the trial of a Nobleman shall be by Peers. See after 26. XXI. Stat. 23. El. 1. It shall be high Treason to have, or pretend to have power, or to put in practice to absolve, persuade, or withdraw any within the Queen's dominions from their natural obedience to her majesty, or to withdraw them for that intent from the Religion now established, to the Romish Religion: And them also, which shall be willingly so withdrawn or reconciled, as aforesaid, and their procurers and counsellors thereunto, shall be adjudged guilty of the same offence. XXII. If any having notice of the said offences, do not discover them within 20. days to some Just. of P. or other such Officer, he shall be adjudge guilty of misprision of Treason. XXIII. None shall say or sing Mass, in pain to forfeit 200. marks, to suffer one year's imprisonment, and not to be enlarged thence till that fine be paid; And none shall hear Mass, in pain of onws whole years imprisonment, and 100 marks. XXIV. Every person not repairing to Church, according to the Stat. of 1. El. 2. (which see in Sacraments 24.) shall forfeit 20. l. for every month they so make default: and if they so forbear by the space of twelve months, after certificate thereof made by the Ordinary into the King's Bench; a Justice of Assize, G. D. or Peace of the County where they dwell, shall bind them with two sufficient sureties in 200 abl. at least, to the good behaviour, from which they shall not be released, until they shall repair to Church according to the said Statute. XXV. None shall keep a Schoolmaster which absents himself from Church, or is not allowed by the Bishop or Ordinary, in pain of ten pounds for every month he so keeps him: And such Schoolmaster shall be for ever after disabled to teach youth, and shall suffer one whole years imprisonment without bail. XXVI. The offences against this Act, and the Acts of the first, fifth, and thirteenth years of the Queen's Reign, touching the acknowledging of her Supreme government in causes Ecclesiastical, the service of God, coming to Church, or establishment of true Religion within this Realm, shall be inquirable before Justices of Oyer and Term. Assize, G. D. and P. in their circuits and Sess. within one year and a day after every such offence committed, except Treason, and misprision of treason. XXVII. Provided, that any of the offenders aforesaid, which shall before judgement submit and conform themselves to the Bishop of the Diocese, or in open Assize or Sessions shall be discharged of every the offences aforesaid, (except Treason, and misprision of Treason) and of all pain and penalties incurred for the same. XXVIII. Of the forfeitures abovesaid, two third parts the Queen shall have, one to her own use, the other for relief of the poor in the Parish where the offence is committed, to be delivered without further warrant than of the principal Officers of the Receipt of the Exchequer, and the other third part the prosecutor shall have: And here the offender that is not able to pay the forfeitures, or doth not pay them within three months after judgement, shall be committed to prison, and there remain until he have satisfied them, or shall conform himself to go to Church. XXIX. They that have on Sundays the Divine Service established usually read in their houses, and are commonly present themselves thereat, and do not obstinately refuse to come to Church, but four times in the year (at least) are present at Divine Service in their own Parish Church, or some other open Church, or Chapel of ease, shall not incur the penalty aforesaid, for not coming to Church. XXX. All covinous Grants to defrand the interest which the Queen, or any other person may claim, by virtue of this Act, or of 13 El. 2. shall be adjudged void. XXXI. If a Peer of the Realm happen to be indicted for any offence, made Treason, or misprision of Treason by this Act, he shall be tried by his Peers. XXXII. This Act shall not abridge the Jurisdiction of Ecclesiastical Censures. XXXIII. Stat, 27. El. 2. All Jesuits, Seminary Priests, and other Ecclesiastical persons, borne within any of the Queen's dominions, and ordained or made such by the pretended Jurisdiction of the See of Rome, which come into, or remain in any of the said Dominions, shall be adjudged guilty of high Treason; And their receivers, aiders, and maintainers, (knowing them to be such, and at liberty) shall be adjudged Felons, without benefit of Clergy. XXXIV. All others, brought up on Seminaries beyond Sea, and not as yet in Orders, as aforesaid, which do not, within six months after Proclamation made in London, (in that behalf) return into this Realm, and within two days after such return, before the Bishop of the Diocese, or two Just. of P. of the County where they shall arrive, submit themselves to the Queen and her Laws, and take the Qath of Supremacy, shall also be adjudged guilty of high Treason. XXXV. They which give or send relief to any such Ecclesiastical person, or Seminary, or to any brought up there, as aforesaid, shall incur a Praemunire. XXXVI. These offences shall be heard and determined in the King's Bench, or in any County, where they shall be committed, or the offender taken. XXXVII. This Act shall not extend to any Jesuit, or other Ecclesiastical person aforesaid, which within three days after his arrival shall submit himself to some Archbishop, Bishop, or to some Just. of P. of the County where he lands, and there take the Oath of Supremacy, and under his hand acknowledge to continue in due obedience to her Majesty's Laws. XXXIX. Here the trial of a Peer shall be by his Peers. XL. If any, knowing a Jesuit or Priest to remain within any of the Queen's dominions, do not within twelve days discover the same to some Just of P. he shall make fine, and suffer imprisonment during the Queen's pleasure; And the Just. of P. which doth not within 28. days after disclose it to some of the Privy Counoell, or to the Precedent, or Vicepresident of the Counsels in the North, or Marches of Wales, shall forfeit 200. Marks; And such of those Counsels, to whom that information shall be made, shall deliver a writing under their hands unto the party informing, testifying, that such information was made unto them. XLI. All Oaths, Bonds, and submissions, as aforesaid, shall within three months be certified into the Chancery by the parties before whom they are taken, in pain of 100 l. XLII. None having submitted, as aforesaid, shall within ten years after come within ten miles of the Court, in pain to lose the benefit of such submission. XLIII. Stat. 29. El. 6. All Grants, Encumbrances, cumbrances, or Limitations of use made by any person not repairing to the Church (according to the Stat. of 23. El. 1.) which are revokeable by the offender, intended for his maintenance, left at his disposition, or in consideration whereof he and his family are to be kept, shall be utterly void against the Queen, as to hinder the levying of the forfeitures for not coming to Church, or saying, hearing, or being at Mass, or the making of seizures for the same purpose. XLIV. Every conviction for any offence before mentioned, shall be in the King's Bench, or at the Assizes or G. D. and not elsewhere; and shall by the Justices there be certified into the Exchequer before the end of the term than next following. 82. XLV. The Queen may seize all the goods, and two third parts of the lands and Leases of every offender not repairing to Church, as aforesaid, which after their first conviction do not pay into the Exchequer, in such of the Terms of Easter and Michaelmas, as shall happen next after such conviction, the sum then due for the forfeiture of 20. l. a month, and yearly after that, (in the same Terms) according to the rate of 20. l. a month, for so long time as they shall forbear to come to Church, according to the said Statute of 23. E. 1. vide infra, 71, 72, 73, 83. XLVI. An Indictment against such an offender shall be sufficient, although no mention be therein made that the party is within the Realm. XLVII. When an Indictment is found against such an offender, Proclamation shall be made, that he shall render himself into the Sheriff's hands before the next Ass. or G. D. which if he do not, that neglect shall be as sufficient a conviction, as if upon the same Indictment a trial by verdict had proceeded. XLVIII. But here upon the offender's submission (according to the said Stat. of 23. El.) or death, no forfeiture shall ensue, save only the arrearages due at the time of such submission or death. XLIX. The Lord Treasurer, Chancellor, and chief Baron, or any two of them, shall assign a third part of the forfeitures of 20. l. a month, for the relief and maintenance of the poor, houses of Correction, and maimed soldiers. L. This Act shall not extend to Grants Bona side, nor to continue any seizure after the death of the offender, in such lands, wherein he had only an estate for life, or in the right of his wife. LI, Stat, 33. El. 1. If any above sixteen years of age, shall be convicted to have (without any just cause) absented themselves above a month from Church, impugn the Queen's authority in causes Ecclesiastical, or frequented Conventicles, or persuaded others so to do, under pretence of exercise of Religion, they shall be committed to prison, and there remain, till they shall conform themselves, and make such open submission, as hereafter shall be prescribed: And it, within three months after such conviction they refuse to conform and submit themselves, being thereunto required by a Just. of P. they shall in open Ass. or Sess. abjure the Realm; and if such abjuration happen to be before Just. of P. in Sess. they shall make certificate thereof at the next Ass. or Gaol delivery. LII. If such an offender refuse to abjure, or go away accordingly, or do return without the Queen's licence, he shall be adjudged a fellow, and shall not enjoy the benefit of Clergy; but if before he be required to abjure, he make his submission, the penalties aforesaid shall not be inflicted upon him. LIII. The form of the submission is as followeth; 1 A. B. do humbly confess and acknowledge, that I have grievously offended God, in contemning her Majesties godly and lawful Government and authority, by absenting myself from Church, and from hearing Divine Service, contrary to the godly Statuys and Laws of this Realm, and in using and frequenting disordered and unlawful Conventicles and Assemblies, under pretence of exercise of Religion: And I am hearty sorry for the same, and do acknowledge and testify in my conscience, that no other person hath, or aught to have any power or authority over her Majesty: And I do promise and protest, without any dissimulation, or any clour or means of any dispensation, that from henceforth I will from time to time obey and perform her Majesty's Laws and Statutes, in repairing to the Church, and hearing Divine Service, and do my uttermost endeavour to maintain and defend the same. LIV. The Minister of the Parish, where the submission is made, shall presently enter the same in a Book, and within ten days after certify it to the Bishop of the Diocese. LV. The offender that after such submission falleth into a relapse, shall take no benefit thereby. LVI. The forfeitures of this Act, and of 23. El. 1. may be recovered by Action of debt. LVII. The third part of the penalties which accrue by this Act, shall be bestowed as those of 29. El. 6. LVIII. A Feme Covert shall not be compelled to abjure, but any other offender that abjures, or (being required) refuseth so to do, shall forfeit all his goods, and his lands during life: howbeit here shall be no corruption of blood, loss of Dower, or disherison of heir. LVIX. Stat. 35. El. 2. Recusants above sixteen years of age, shall within forty days after their conviction, repair to their usual dwelling, and not remove above five miles from thence, in pain to forfeit all their goods, and their lands and annuities during life: And if they have no certain abode, then are they to repair to the place where they were borne, or where their father or mother dwells, and within twenty days after their arrival, there to give their names in writing to the Minister, Const. and H. B. which Minister is to enter them in a Book, to be kept for that purpose, and he, together with the said Const. and Head Boroughs, is to certify the same to the next. Qu. Sess. where the Just. of Peace shall cause them to be enroled. LX. A Copyholder also shall in this case forfeit his estate during life, if his estate continue so long, to the Lord of the Manor if he be no Recusant convict, nor seized or possessed in trust to the use of a Recusant; for then the Queen shall have the forfeiture. LXI. A Popish Recusant (being not Feme Covert, nor having lands worth 20. Marks per annum, or goods worth 40. l. which within the time above limited, doth not repair to the place of his abode, or doth departed above five miles thence, or within three months after his arrival there, doth not make the submission hereafter following, (being required so to do by the Bishop, a Just. of P. or the Minister there) shall before two Justices of the Peace, or the Coroner, abjure the Kingdom; which abjuration shall be by the said Justices or Coroner certified in at the next Assizes, or G. D. LXII. If such Popish Recusant depart not the Realm, within the time limited by the said Justices or Coroner, or return without the Queen's licence, he shall be adjudged a fellow without Clergy. LXIII. A Jesuit or Priest refusing to answer, shall be committed to prison, and there remain, till he will answer the questions whereupon he was before examined. LXIV. This Act shall not restrain a Recusant (urged by Process or summons without fraud) to travel without the abovesaid limits, so he return again in convenient time, neither him that is compelled to render his body to the Sheriff. LXV. If such an offender before conviction, upon a Sunday, or some Festival day, repair to Church, and there hear Divine Service, and before the Gospel make the confession following, he shall be discharged of the penalties inflected by this Act. LXVI. The confession is this: 1. A. B. do humbly confess and acknowledge, that I have grievously offended God, in contemning her Majesiys godly and lawful government and Authority, by absenting myself from Church, and from hearing Divine Service, contrary to the godly Laws and Statutes of this Realm; and I am hearty sorry for the same, and do acknowledge and testify in my conscience, that the Bishop and See of Rome, hath not, nor aught to have any power or authority over her Majesty, or within any of her Majesty's Realms or Dominions: And I do promise and protest without any dissimulation, or any colour or means of any Dispensation, that from henceforth I will from time to time, obey and perform her Majesty's Laws and Statutes, in repairing to the Church, and hearing Divine Service, and do my uttermost endeavour to maintains and defend the same. LXVII. The Minister of the Parish where such submission is made, shall presently enter the same in a book, and within ten days after. certofie it to the Bishop of the Diocese. LXVIII. The offender that after such submission, falleth into a relapse, shall take no benefit thereby. LXIX. Every married woman shall be bound by this Act, save only by the clause of Abjuration, LXX. Stat. 1. Jac. 4. All the aforesaid Statutes made in the time of Queen Eliz. shall be duly put in execution, against all such as do not conform themselves, as aforesaid. LXXI. Where the Ancestor dies a Recusant, the heir being none, or conforming himself, and taking the Oath of Supremacy before the Archbishop or Bishop of the Diocese, the lands shall be freed from all penalties. LXXII. If an heir (within age) after he shall have accomplished the age of 16. years, doth still continue a Recusant, his lands shall not be freed, until he do conform, and take the Oath of Supremacy, as aforesaid. LXXIII. A third part of every Recusants' lands, shall remain clear unto him from seizure or extent, and the other two parts shall remain in the King's hands, (both before and after the Recusants' death) until the King shall be fully satisfied all the arrearages for the 20. l. a month, according to 23. El. 1. LXXIV. None shall send any child, or other person, under their government, beyond the Seas, to be instructed in the Popish Religion, in pain of 100 l. and they which are so sent, shall be incapable (as to themselves only) of any grant or Inheritance due unto them, or to others for their use. LXXV. Ifa woman or child under the age of 21. years, be suffered to pass the Seas, without the licence of the King, or of six of the Privy Council, under their hands, (except Saylors, Shipboys, or Merchants, Factors, or Apprentices) the Officers of the Port shall forfeit their Offices, and all their goods; the Owner of the Ship, his Ship and Tackle; and the Master of the Ship, all his goods, and besides, shall suffer a years imprisonment without Bail. 119. LXXVI. None out of the Universities shall keep School, (except a Free School, or in some person's house that is no Recusant, or by licence of the Bishop or Ordinary) in pain to forfeit 40. s. a day. LXXVII. The forfeitures of this Act shall be divided betwixt the King and the Prosecutor. LXXVIII. Stat. 3. Jac. 4. A Recusant that conforms, shall within one year after, and so once every year (at least) receive the blessed Sacrament, in pain to forfeit for the first year 20. l. for the second 40. l. and for every default after 60. l. and if after he hath received it, he make default therein by the space of a whole year, he shall forfeit 60. l. LXXIX. These forfeitures may be recovered before Just. of P. in Sess. or in any other Court of record, and are to be divided betwixt the King and the prosecutor. LXXX. The Churchwardens and Constables of every Parish, or one of them, or if there be none such, than the High Constable of the Hundred there, shall present once every year at the General Sessions of Peace, the monthly absence from Church of every Popish Recusant, and their children, being above the age of nine years, and their servants, together with the age of their children, as near as they can know them, in pain to forfeit respectively for every such default 20. s. which presentment the Clerk of the Peace, or Town Clerk, shall record without fee, in pain of 40. s. LXXXI. If upon such presentment (being the first) the Recusant be convicted, the Officer that presents him shall have 40. s. to be levied by warrant upon the Recusants' goods and estate, as the more part of the Justices of Peace shall think fit. LXXXII. Just. of Ass. G. D. and P. have power to hear & determine of all Recusants & offences, as well for not receiving the Sacrament, according to this Act, as also for not coming to Church, according to former laws. And likewise to make proclamation, that they shall render themselves to the Sheriff, or Bailiff of the Liberty where they are, before the next Ass G. D. or Sess. respectively; which if they do not, that default, being recorded, shall be taken for as sufficient a conviction of them as a trial by verdict. LXXXIII. Every offender not repairing to Church, as aforesaid, after their first conviction, shall pay into the Exchequer, in such of the Terms of Easter and Michaelmas as shall happen next after such conviction, the sum then due for the forfeiture of 20. l. a month, and yearly after that (in the same Terms) according to the rate of 20. l. a month; except where the King shall be pleased to take two third parts of their lands and leases in lieu thereof; or that they conform themselves, and come to Church. LXXXIV. Every conviction shall, before the end of the Term next following, be certified into the Exchequer in such convenient certainty, that the Court may thereupon award Process for the seizure of all the offenders goods, and two parts of his lands and leases, in case the 20. l. a month be not paid, as aforesaid. LXXXV. The King may refuse 20. l. a month, and take two third parts of the Recusants' lands and leases: but here he shall not include the Recusants' Mansion house, nor demise his two parts to a Recusant, or to any other for a Recusants' use. And the King's lessee for his two parts shall give such security against committing of waste, as by the Court of Exchequer shall be thought sufficient. LXXXVI. It shall be lawful for the Bishop of the Dioccsses, or two Justices of P. (one Quorum) out of Sess. to tender the Oath hereafter following to any person eighteen years old, or above, (except noble men and noble women) which stands convicted or indicted of Recusancy, hath not received the Sacrament twice in the year next before; or passing thorough the Country, and examined upon oath, confesseth, or (at least) denyeth not, that he or she is a Recusant, or that he or she hath not received the Sacrament twice in the year next before; which Bishop or Justices shall certify the name and dwelling of the person so taking the same Oath, at the next general Sess. where the Clerk of the P. or Town Clerk shall record them. LXXXVII. If the parties refuse to answer upon oath, or to take the Oath aforesaid, tendered unto them, the Bishop or Justice's aforesaid shall bind them over to the next Ass or Sess. where if they again refuse it, they shall incur a Praemunire. except women covert, who in that case shall only suffer imprisonment till they take it. LXXXVIII. The tenor of the Oath is as followeth: 1 A. B. do truly and sincerely acknowledge, profess, testify, and deelare in my conscience, before God and the world, That our Sovereign Lord King James, is lawful and rightful King of this Realm, and of all other his Majesty's Dominions and Countries: And, That the Pope, neither of himself, nor by any authority of the Church or See of Rome, or by any other means with any other, hath any power or authority to depose the King, or to dispose of any of his Majeslies Kingdoms or Dominions, or to authorise any foreign Prince to invade or annoy him or his Countries, or to discharge any of his subjects of their allegiance and obedience to his Majesty, or to give licence or leave to any of them to bear arms, raise tumult, or to offer any violence or hurt to his Majesty's Royal person, state, or government, or to any of his Majesty's subjects within his Majesty's Dominions. Also, I do swear from my heart, That, notwithstanding any declaration, or sentence of excommunication, or deprivation made or granted, or to be made or granted by the Pope, or his successors, or by any authority derived, or pretended to be derived from him or his Sceva, against the said King, his heirs or successors, or any absolution of the said subjects from their obedience, I will bear faith and true allegiance to his Majesty, his heirs and successors, and him & them will defend, to the uttermost of my power, against all conspiracies and attempts whatsoever which shall be made against his or their persons, their crown and dignity, by reason or colour of any such sentence or declaration, or otherwise; and will do my best endeavour to disclose and make known unto his Majesty, his heirs and successors, all treasons and traitorous conspiracies which I shall know or hear of, to be against him or any of them. And I do further swear, That I do from my heart abhor, detest, and abjure, as impious and heretical, this damnable doctrine and position, That Princes which be excommunicated or deprived by the Pope, may be deposed or murdered by their subjects, or any other whatsoever. And I do believe, and in my conscience am resolved, That neither the Pope, nor any person whatsoever, hath power to absolve me of this Oath, or any part thereof, which I acknowledge by good and full authority to be lawfully ministered unto me, and do renounce all pardons and dispensations to the contrary. And all these things I do plainly and sincerely acknowledge and swear, according to these express words by me spoken, and according to the plain and common sense and understanding of the same words, without any equivocation, or mental evasion, or secret reservation whatsoever. And I do make this recognition and acknowledgement hearty, willingly; and truly, upon the true faith of a Christian. So help me God. LXXXIX. Unto this Oath the party taking it shall subscribe his name or mark. XC. No indictment against a Recusant shall be reversed for lack of form, other then by direct Traverse to the point of not coming to Church, or not receiving the Sacrament, as aforesaid. XCI. The party conforming himself shall from thenceforth be admitted to discharge or reverse an indictment. XCII. None shall go out of this Realm to serve any foreign Prince or State, without first taking the Oath aforesaid, in pain to be adjudged a fellow. And if he hath born office amongst soldiers before his departure out of the Realm, he shall enter into bond unto the King's use, with the condition following, upon the like pain of being adjudged a fellow. XCIII. The condition is this: That if the within bounden, etc. shall not at any time then after be reconciled to the Pope or See of Rome; nor shall enter into, nor consent unto any practice, plot, or conspiracy whatsoever against the King's Majesty, his heirs and successors, or any his or their estate and estates, Realms or Dominions: but shall within convenient time after knowledge thereof had, reveal and disclose to the King's Majesty, his heirs and successors, or some of the Lords of his or their honourable privy Council, all such practices, plots, and conspiracies: That then the said Obligation to be void. XCIV. None but the Customer and Controller of a Port, or their Deputies, shall have power to take such bond, or to minister the Oath in such case; for which bond they shall only take 6. d. and nothing for the Oath: And shall once every year certify into the Exchequer every such bond, in pain of 5. l. and every such Oath, in pain of 20. s. XCV. To absolve or withdraw any of the King's subjects from their natural obedience to his Majesty, to reconcile them to the Pope or See of Rome, or to move them to promise obedience to any pretended authority of the See of Rome, or to any other Prince or State: Or to be absolved, withdrawn, reconciled, or to make promise, as aforesaid, shall be adjudged high Treason. XCVI. This last clause shall not extend to any reconciled, as aforesaid, (for and touching the point of so beingreconciled only) that shall return into this Realm, and within six days after, before the Bishop of the Diocese, or two Justices of P. (jointly or severally) of the County where he shall arrive, submit himself to the King and his laws, and take the Oath of Supremacy, and also the Oath abovesaid; which said Oaths the said Bishop and Justices respectively, shall by this Act have power to minister to such persons, and shall certify them in at the next general Sess. in pain of 40. li. XCVII. Here the trial of Treason shall be before Justices of Ass. and G. D. of that County for the time being; and may also be before the Justices of the King's Bench: But Peers in this case shall be tried by their Peers. XCVIII. If any person repaireth not every Sunday to some Church or Chappel, proof thereof being made to a Justice of P. by the parties own confession, or the evidence of one witness; the same Justice hath power to call the party before him; and if the party give not the Justice a good reason of his absence, the Justice may give warrant to the Churchwarden of the parish under his hand and seal, to levy xii. d. for every such default, by distress and sale of goods; and in default of distress, the Justice may commit the offender to prison, until he pay the forfeiture aforesaid, which shall be employed ployed for the use of the poor: But this offence must be prosecuted within one month after it is committed, and none punished by this Law, shall also be punished by the forfeiture of 12. d. upon the Statute of 1. El. 2. which see in Sacraments 24. XCIX. None shall keep or retain any person in their house, (servant or other) which shall forbear to come to Church by the space of a month together, in pain to forfeit 10. l. for every month they so keep them: Howbeit Children may relieve their Father, or Mother; and Guardians their Wards or Pupils. C. The Sheriff, upon a lawful Writ, may justify to break a house, for the taking of a Recusant Excommunicate. CI. The Justices of the King's Bench, and Justices of Ass. and G. D. may hear and determine all the offences committed against this Act; and so may Justices of P. all save Treason. CII. The offences made felony by this Act, shall not cause loss of Dower, corruption of blood, or disherison of heir. CIII. Here, if an action shall be brought against an Officer for the execution of this Act, he may plead the General Issue, and yet give special matter in evidence. CIV. This Act shall not abridge the Jurisdiction of Ecclesiastical Censures. CV. None shall be punished for his wife's offence, neither shall any married woman be chargeable with any penalty or forfeiture by force of this Act. CVI Six of the Privy Council (whereof the Lord Chancellor, Lord Treasurer, or Principal Secretary shall be one) have power to minister the Oaths abovesaid to Noblemen (being 18. years old) and to Noblewomen also of like age and unmarried, who shall take the same Oaths accordingly, in pain to incur a Praemunire. Vide infra, 128. CVII. The Warden of the Cinque Ports, or some authorized by him, shall take the bond, and minister the Oath aforesaid, where any person passeth beyond Sea, out of them of any of their members. CVIII. Stat 3. Jac. 5. The person that within three day's notice shall discover to a Just. of P. any that entertains a Popish Priest, or any which have heard or said Mass, shall have a third part of the forfeiture due for the same offences, if the whole exceed not 150. l. and then only 50. l. thereof to be delivered unto him by the Sheriff or other, Officer, which shall have power to levy the same. CIX. No convicted Recusant shall come into the Court, without command from the King, or warrant from the Privy Council under their hands, in pain of 100 l. to be divided betwixt the King and the Discoverer. CX. A Popish Recusant convicted, or indicted, or any person not coming to Church by the space of 3. months together, which remains in London, or within ten mile's distance thereof, shall within ten days after such conviction or Indictment departed from thence, and also shall deliver their names (in London) to the Lord Maior there, and (in the Country) to the next Just. of P. in pain. of 100 l. to be divided betwixt the King and the prosecutor: Howbeit this clause shall not extend to Tradesmen, or such as have no other habitation then in London, or within ten mile's distance, as aforesaid. CXI. It shall be lawful for a Recusant to go about his necessary occasions, as fare as a licence (obtained from the King, or from three of the Privy Council under their hands, or four of the next Justices of Peace, under their hands and seals, with the assent in writing of the Bishop, Lieutenant, or any deputy Lieutenant of the same County) shall give him leave, notwithstanding the Statute of 35. El. 2. which lecence shall not be granted by the said Justices, till the party hath made oath of the true reason of his journey, and that he will make no causeless stays. CXII. No convicted Recusant shall practise the Common Law, Civil Law, Physic, or Art of Apothecary or be an Officer of or in any Court, or bear any Office amongst soldiers, or in a Ship, Castle, or Fortress, in pain of 100 l. to be divided betwixt the King and the prosecutor. 130. CXIII. No Popish Recusant convict, or whose wife is a Recusant convict, shall exercise any public Office in the Commonwealth by himself, or his deputy, unless he bring up his children in the true Religion, & together with his children & servants, repair to the Church, and receive the Sacrament at such times as by the Law are limited. 130. CXIV. A married woman being a Popish Recusant convict, (her husband being none) that doth not conform herself, as aforesaid, by the space of one whole year, before her husband's death, shall forfeit two third parts of her Dower or Jointure, and shall be incapable of being Executrix or Administratrix to her husband, and of enjoying any part of her husband's goods. CXV. A Popish Recusant after conviction shall be reputed to all intents, as a person excommunicate, until he shall conform, go to Church, receive the Sacrament, and take the Oath of obedience, ordained by 3. Jac. 4. Howbeit he may sue for his interest in lands not seized into the King's hands. CXVI. A Popish Recusant convict, which is married otherwise then in open Church, and by a lawful Minister, according to the Orders of the Church of England, shall not be tenant by the Counrtesie; And a woman (in this case) shall be disabled to enjoy her Dower, Jointure, Widow's estate, or any of her husband's goods: And where the man cannot be tenant by the Courtesy, he shall forfeit 100 l. to be divided betwixt the King and the prosecutor. CXVII. Every Popish Recusant shall within one month after the birth of his child, cause it to be baptised by a lawful Minister, in pain to forfeit 100 l. if he outlive the month; if not, than his wife is to pay the same forfeiture, which shall be divided into there parts, whereof the King shall have one, the prosecutor another, and the poor of the parish the third. CXVIII. Every Popish Recusant shall be buried in the Church of Churchyard, and according to the Ecclesiastical laws of this Realm, in pain that his executor or administrator, or the party that caused him to be otherwise buried, shall forfeit 20. l. to be divided into three parts, and disposed as aforesaid. CXIX. A child (being no Soldier, Mariner Merchant, or Apprentice, or Factor to a Merchant) shall not be sent or go beyond sea, without the licence of the King, or of six of the privy Council (whereof the principal Secretary shall be one) in pain to be thereby incapable to enjoy any lands or goods by descent or grant, until, being eighteen years of age or above, he take the said oath of Obedience before some Justice of Peace of the County where his parents do, or did dwell: And in the mean time, the next of his kin (being no Popish Recusant) shall enjoy the lands and goods; but shall be accountable to the other, in case he after conform himself, as aforesaid. And he that so goes out of the kingdom without licence, shall forfeit 100 l. to be divided and employed as aforesaid. CXX. A Popish Recusant convict, shall be disabled to present to a Benefice, or to grant any avoidance of a Benefice; but in stead of him, the Chancellor and Scholars of the Universities of Oxford or Combridge shall present within several Counties respectively; for which see the Statute at large. Howbeit, they shall not confer it upon a man already Beneficed. CXXI. A Popish Recusant shall not be an Executor, Administrator or Guardian; but the next of the kin (being no Recusant, and unto whom the land cannot lawfully descend) shall have the wardship and tuition of an heir or orphan in that case. CXXII. A grant of the King's Ward to a Popish Recusant convict shall be void. CXXIII. None shall bring from beyond sea, print, sell, or buy any Popish Primers, Ladies Psalters, Manuals, Rosaries, Popish Catechisms, Missals, Breviaries, Portals, Legends or lives of saints, in what language soever they shall be printed or written; nor any other superstitious books printed or written in the English tongue, in pain to forfeit xl. s. for every such book, to be divided into three parts, and employed, as aforesaid. CXXIV. Two Justices of Peace, and all Majors, Bailiffs, and head Officers, have power to search the houses and lodgings of Popish Recusants convict, and of every person whose wife is a Popish Recusant convict, for Popish books and relics, and to burn or deface such as they shall find in their custody; but such as are of value shall be defaced in open Sess. and afterwards restored to the owner. CXXV. All the Armour, Gunpowder, and Munition of a Popish Recusant convict, shall be taken from him by warrant from four Justices of Peace at the general Sess. (other than such weapons as shall be allowed unto him by the same Justices) which said Armour and Munition shall be kept at the costs of such Recusant, in such places where the said Justices shall appoint, and shown at every Muster as his arms, together with his horse which he shall buy, provide, and maintain for that purpose, according to his ability, as other subjects do. And here, the Recusant that refuseth to declare what armour or munition he hath, or to deliver it to such persons as shall have power to seize it, shall forfeit the same to the King; and besides, shall upon warrant from any Just. of Peace of that County, be imprisoned by the space of three months without bail. CXXVI. This Act shall not abridge Ecclesiastical censures. CXXVII. Stat. 7. Ja. 6. Who shall take the oath of Obedience: by whom it shall be ministered: and within what time. CXXVIII. It shall be lawful for any of the privy Council, or any Bishop within his Diocese to require a Baron or Baronesse of eighteen years of age or above, to take the said Oath: And likewise for any two Justices of Peace (one Quorum) to require any person of the age aforesaid, or above, and under the degrees aforesaid, to take the same Oath. CXXIX. If any Baron or Baronesse stand presented, indicted, or convicted for Recusancy, three of the privy Council (whereof the Chancellor, Treasurer, Lord privy Seal, or principal Secretary shall be one) shall minister unto them the said Oath. But if it be any other convicted person under those degrees, or if the Minister, petty Constables, and Churchwardens of any parish, or any two of them, shall complain to any Justice of Peace of any person suspected for Recusancy; then any such Justice may in either of these cases minister the said Oath, and upon refusal, shall commit the party to prison, there to remain till the next Ass. or Sess. where, if he again refuse to take it, he shall incur a Praemunire; except women covert, who shall only be imprisoned, and there remain without bail, till they shall take the said Oath. CXXX. None refusing the said Oath shall be capable of any office of Judicature, or other office (being no office of inheritance or ministerial function,) or to practise the common Law, the civil Law, Physic, Surgery, the art of Apothecary, or any liberal science for gain. CXXXI. If a married woman, being a convicted Recusant, do not conform within three months after conviction, she shall be committed to prison by a privy Councillor or the Bishop of the Diocese, if she be a Baroness: but if any other of a lower degree, then shall she be committed by two Justices of P. (one Quorum) and there shall remain till she conform, as aforesaid, unless the husband (for his wife's offence) will pay unto the King x. l. for every month, or yield the third part of all his lands, at the choice of the said husband. CXXXII. None shall go himself, or send any person whatsoever beyond sea, to be trained up in Popery, or any maintenance or relief to the party so sent, or to any School or Religious house there, in pain (after conviction thereof) to be adjudged unable to prosecute any suit in any Court of equity, to be committee of any Ward, executor or administrator; to be uncapable of any legacy or deed of gift, or of bearing Office within this Realm: and besides, to forfeit all his goods and chattels, and his lands also during life. But if he conform within six weeks after his return, according to the Statutes in that case provided, he shall not incur the penalties aforesaid. CXXXIII. These offences shall be heard and determined by the Justices of the King's Bench, Assize, Gaol delivery, and Oyer and Termin. of such Counties where the offenders did last dwell, or whence they departed, or where they shall be taken. See Actions popular, 18. Regrators, See Forestallers. Victual, 2. Riots, Routs, and unlawful Assemblies. I. Stat. 17. R. 2.8. The Sherisses, and all other the King's Officers, shall supprese Riotors, and imprison them, and all other offending against the peace. II. Stat. 13. H. 4.7. The Justices of Peace, or two of them (at least,) together with the Sheriff or under-sheriff, shall by the power of the County suppress Riots, Routs, and unlawful assemblies, arrest the offenders, and record what shall be done: By which record of the said Justices, and Sheriff or under-sheriff, the offenders shall stand convict, as by the Stat. of 15. R. 2.2. in case of forcible Entries: And if the offenders be departed, the said Justices and Sheriff or under-sheriff shall within a month after make enquiry thereof, and hear and determine the same according to law. See Force, 2. III. If upon such inquiry the truth cannot be discovered in manner aforesaid; then shall the said Officers, within one month after such inquiry, certify the fact, together with the circumstances thereof, unto the King and his Council; which certificate of theirs shall be in the nature of a presentment by twelve, whereupon the offenders shall be brought to answer, and those that be found guilty shall be punished at the discretion of the King and his Council. iv If the offenders traverse the said certificate; then that, together with the traverse, shall be sent into the King's Bench, there to be tried. V If the Offencers upon the first precept do not appear before the Council, or in the King's Bench; a second precept shall issue forth, upon which if they cannot be found; or if within three weeks after Proclamation made against them in the next County Court after the delivery of the second precept, they do not make their appearance before the Council in the King's Bench, or in the Chancery (in vacation time) upon return of the said Proclamation they shall stand convict and attainted of the offence committed. VI Justices of Peace dwelling nearest the place where such offences shall be committed, and Justices of Assize for the time they shall be in their Session (in case any be then committed) shall do execution of this act, in pain of 100 l. VII. Stat. 2. H. 5.8. If default be found in the Justices of Peace or Assize, or in the Sheriff or under-sheriff touching the due execution of 23. H. 4.7. at the instance of the party grieved, the King's Commission shall go out to inquire as well of the truth of the case & original matter, as of the defaults aforesaid, directed to sufficient men in the County, at the discretion of the Lord Chancellor, which Commissioners shall presently return into the Chancery the inquests and matters before them found. VIII. Here, during the Sheriffs, or under-Sheriffes remaining in his Office, the Coroners shall Impanell the Jury, each of them having lands worth 10. l. per anuum at least; and upon each of which, for making default, the Coroners shall return Issues, viz. for the first day 20. s. for the second 40. s. for the third 100 s. and for every day after, double: And all this the Coroner shall do, in pain of 40. l. But in case the Sheriff or under-sheriff, reputed in default, be discharged of their office, the new Sheriff shall do that which the Coroners are above enjoined to do, and shall incur the like penalty, if they therein make default. IX. The Lord Chancellor upon knowledge of any such offence shall send the Kings Writ to the Justices of P. Sheriff, and under-sheriff of the same County, to put the said Statute of 13. H. 4.7. in execution, upon the pain therein contained: but although no such writ be sent, yet shall they not be excused of the said pain, if they make not execution of the same Statute. X. A Riot, etc. shall be repressed, and inquired of at the King's charge, which the Sheriff shall disburse by indenture betwixt the Justices of P. and him, and shall be answered him again upon his account in the Exchequer. XI. Persons guilty of heinous Riots shall suffer one whole years imprisonment without bail; but petty Rioters shall be imprisoned, as shall seem best to the King and his Council; And greater Fines shall be set upon Rioters then in time past, in aid and supportation of the Justices, and other Officers in that behalf. XII. All the King's liege people, upon warning, shall be assistant to the Justices, Commissioners, Sheriff, and under-sheriff aforesaid, upon pain of imprisonment, and to make fine and ransom to the King. XIII. Bailiffs of Franchises shall cause sufficient men to be impanelled upon such inquests, if any such be found within their liberties; And the Ordinances and pains aforesaid shall extend to Corporations and Liberties, where they have Justices of P. within themselves. XIV. Stat. 2. H. 5.9. Upon a Bill of complaint for any Riot, etc. preferred by the party grieved to the Lord Chancellor for the time being, together with a suggestion testifying the same, under the seals of two Just. of P. and the Sheriff of the County, the said Lord Chancellor shall send forth a Capias, returnable in the Chancery at a certain day, by which, if the parties offending, or any of them be taken, they shall be committed to ward, or let to mainprife, at the discretion of the said Lord Chancellor, and shall be proceeded against, as the Law requireth; But if the Sheriff return Non est inventus, a Writ of Proclamation (to be proclaimed two County Court days) shall go out returnable in the King's Bench at a certain day, before which if they render not themselves, they shall be adjudged convict and attainted of the offence suggested. XV. If the offence be committed within the County Palatine of Lancaster, or other Franchise, where there is a Chancellor and Seal; The Lord Chancellor of England shall send a Writ to the said Chancellor, commanding him to make such execution, as in this Act is comprised. 17. XVI. Stat. 8. H. 6.14. Two Justices of P. of the Counties where Riots are supposed to be committed, shall testify that the common fame runneth in the same Counties of the same Riots, before the Capias shall be awarded according to the Stat. of 2. H. 5.9. XVII. If the offence be committed within a Liberty, where there is a Chancellor and a Seal, upon information of the Riot, etc. from a Justice of P. and Sheriff there, the said Chancellor hath power to award Writs of Capias and Proclamation, as the Chancellor of England hath. XVIII. Stat. 19 H. 7.13. If any Riot, etc. be committed, the Sheriff upon a Precept directed unto him, shall return 24. persons, whereof every one shall have freehold within the same County worth 20. s. per annum, or Copyhold worth 26. s. 8. d. per an. or Copyhold and together worth 26 s. 8. d. per annum, for to inquire of the same Riot, etc. And shall return Issues upon every Juror making default, viz. for the first day 20. s. and for the second 40. s. And all this the Sheriff shall do, in pain of 20. l. XIX. If the said Riot, etc. be not found, by reason of any maintenance or embracery of the said Jurors, then shall the Justices and Sheriff, or under Sheriff, (besides the Certificate they are to make, according to the Stat. of 13. H. 4.7.) certify the names of such maintainers and embraceors, together with their misdemeanours, in pain to forfeit 20. l. a piece; which Certificate shall have like force of proving the offence as a verdict of 12. men: And then such maintainers and embraceors shall forfeit 20. l. a piece, and remain in prison at the discretion of the Justices. Robbery. Stat. 8. El. 4. A Cutpurse, Pickpocket, or other person whatsoever, which feloniously and privily taketh away any money, or other goods from the person of another, without his knowledge, shall not have the benefit of Clery. S. Clergy. Felony. 15. Hue and Cry. Rogues, S. Vagabonds. Rome, S. Recusants. Sacraments and Service Divine. I. Stat. 50. E. 3.5. and 1. R. 2.15. None shall arrest Priests, or other Clerks, while they attend Divine Services, in pain of imprisonment, and to be ransomed at the Kings will, so that no collusion or feigned cause be found in them. II. Stat. 1. E. 6.1. None shall speak or do any thing in contempt of the most holy Sacrament, in pain of imprisonment, and to make fine and ransom at the Kings will. III. Three Just. of P. (1. Qu.) have power to take information by the oaths of two lawful persons (at least) concerning the offence aforesaid, and to bind over by Recognisance every Accuser and Witness in 5. l. a piece, to appear at the next Sess. to give evidence against the offenders, who are there to be inquired of before three such Justices or more, by the oaths of 12. men, and also indicted, if the matter alleged against them shall be found true. iv Three such Justices or more, have likewise power to send out two Capias, an Exigent, and a Capias utlagatum against such offenders into all Counties and Liberties, and upon their appearance to determine the contempts and offences aforesaid, or to take bail for their appearance to be tried, as aforesaid. V The Justices also have power to direct a Writ, in the king's name, to the Bishop of the Diocese where the offence was committed, by which he shall be required to be present himself (or some for him, sufficiently learned) at the arraignment of the offender, and to give advice concerning the offence committed. VI This offence shall be prosecuted within three months, and the offender shall be admitted to produce witnesses for his default. VII. Stat. 2, 3. E. 6.1. Every Minister shall use the Church service in such form as is mentioned in the Book of Common Prayer, established by this Act, and shall not use any other, or deprave the same, in pain (if he be beneficed, and convict thereof by the verdict of 12. men, his own confession, or notorious evidence of the fact) to forfeit to the King for the first offence that of his benefices, which the King will choose, and to suffer six months' imprisonment; for the second, to suffer one whole years imprisonment, and to be deprived ipso facto of all his Spiritual promotions, whereupon every Patron may present; and for the third, to suffer imprisonment during life: And if he be not beneficed, for the first offence he shall suffer six months' imprisonment, and for the second, imprisonment during life. VIII. If any shall be convicted to have by interludes, plays, songs, thymes, or otherwise depraved the said books, or to have compelled or procured the Minister to sing or say any other Church Service, or in any other form then as aforesaid; or by any such means to have interrupted or let the Minister to sing or say the said Service, they shall, for the first offence, forfeit x. li. to the King; or (that not paid within six weeks after conviction) shall suffer (in stead thereof) three month's imprisonment without bail: for the second time offending, shall forfeit xx. l. or (that not paid within six weeks, as aforesaid) shall suffer six month's imprisonment without bail: and for the third time shall forfeit all their goods, and suffer imprisonment during life. IX. Justices of Oyer and Termin. and Justices of Assize have power to hear and determine these offences: unto whom the Archbishop or Bishop of the Diocese may associate himself, if he please. X. This shall not restrain any private man, or public Colleges to use the said Service in such tongues as they understand, the holy Communion only excepted; or any other to use Psalms or prayers taken out of the Bible at convenient times, not letting thereby the said Service. XI. The offences aforesaid shall be prosecuted at the next Assize or Sessions of Oyer and Terminer after they are committed: And here trial of Peers shall be by Peers. XII. Chief Officers of Cities and Corporations shall also hear and determine these offences within their several prccincts; and so likewise shall Ecclesiastical Magistrates. Howbeit, none shall be punished above once for one offence. XIII. Stat. 5, 6. E. 6.1. Every person shall resort to his Parish Church or Chapel; or (upon just let so to do) to some other, every Sunday and Holiday, in pain to be punished by the censures of the Church. XIV. The Common prayer book now made perfect and annexed to this Act. together with the addition of consecrating Archbishops, Bishops, Priests and Deacons, shall be used and esteemed as by the Statute of 2, 3. E. 6.1. is ordained, under the pains in the same Statute expressed. XV. If any shall be convict by verdict of twelve men, before Justice of Assize, Oyer and Terminer, or Peace in Sess. to have wittingly heard, or to have been present at any other form of Common prayer, administration of Sacraments, making of Ministers, or other rites then what are expressed in the said book, or which are contrary to the said Statute of 2, & 3. E. 6.1. shall for the first offence suffer six months' imprisonment without bail; for the second, twelve months' imprisonment; and for the third, imprisonment during life. XVI. Stat. 1. M. Sess. 2. cap. 3. If any shall disturb a Preacher lawfully licenced, he shall be by the Constables or Churchwardens of the parish brought before a Just. of Peace, who, upon due accusation, shall presently commit him to safe custody, and within six days after, together with another Justice, shall diligently examine the fact; who, if they find cause, shall commit him to the common Gaol, there to remain for three months, and from thence to the next quarter Sessions; at which, upon the party's reconciliation, and entering into bond for the good behaviour for one whole year (at the discretion of the Justices in Session) he shall be released: but if he persist still in his obstinacy, he shall remain in prison without bail, until he shall reconcile, and be penitent for his offence. XVII. He that rescues an offender in this kind, shall suffer like imprisonment, as aforesaid; and besides, shall forfeit v. li. to the Queen. XVIII. The inhabitants of a town that suffer such an offender to escape, shall forfeit v. li. being presented before the Justices of Peace in Sess. within the County or Corporation where the escape was made. XIX. Justices of Peace, Assize, and Oyer and Terminer, and Majors, and head Officers of Corporations, have power to hear and determine these offences, and to impose the fines aforesaid. XX. This Act shall not restrain the jurisdiction of the Ecclesiastical laws. Howbeit, none shall be punished twice for one offence. XXI. Stat. 1. El. 2. Every Minister shall use the Church Service in such form as is mentioned in the book of Common prayer established by 5, 6. E. 6.1. together with the addition of certain lessons to be used on every Sunday in the year, and the form of the Litany altered and corrected, and two sentences only added in the delivery of the Sacraments to communicants. XXII. If any Minister shall be convicted by the verdict of twelve men, his own confession, or notorious evidence of the fact, to have refused to use the said Church service; or to have used any other rite, ceremony, order, form, or manner then is set forth in the said book, or to have depraved the same book, or any thing therein contained, he shall forfeit (being a benefited man) for the first offence, one whole years profit of all his spiritual promotions, and suffer six month's imprisonment: for the second, shall be deprived ipsofacto, whereupon every Patron may present; and shall suffer one whole years imprisonment: and for the third, shall be also deprived, as aforesaid, and shall suffer imprisonment during life. And if he be not beneficed, for the first offence he shall suffer one whole years imprisonment; and for the second, imprisonment during life. XXIII. If any shall be convicted to have by interludes, plays, songs, rhymes, or otherwise depraved the said book, or to have compelled or procured the Minister to sing or say any other Church service, or in any other form then as aforesaid: or by any such means to have interrupted or let the Minister to sing or say the said service; they shall for the first offence forfeit 100 Marks to the Queen, or (that not paid within six weeks after conviction) shall suffer (in stead thereof) six month's imprisonment: for the second offence shall forfeit 400. Marks, or (that not paid within six weeks, as aforesaid) shall suffer one whole years imprisonment: and for the third offence shall forfeit all their goods and chattels, and suffer imprisonment during life. XXIV. Every person shall resort to their parish Church, or (upon let thereof) to some other, every Sunday and Holiday, upon pain to be punished by censures of the Church, and also to forfeit xii. d. to be levied by the Churchwardens there, for the use of the poor, upon the offender's goods by way of distress. See Recusants, 98. XXV. Justices of Oyer and Terminer and of Ass. and Majors and head Officers of Corporations have power to hear and determine these offences: unto whom the Archbish. or Bishop of the Diocese may associate himself, if he please. Howbeit, note that by the Stat. of 23. El. 1. Justices of Peace have also power to meddle therein; which see in Title Recusants, 27. XXVI. None shall be impeached by this Act, unless the offence be presented at the next Sessions of Oyer and Terminer, or Ass. after it is committed: and here trial of a Peer shall be by Peers. XXVI. This Act shall not restrain Ecclesiastical jurisdiction. Howbeit, none shall be punished twice for one offence. Sacrilege, See Clergy. Schoolmasters, See Recusants, 26, 67. Scotland, See Corn, 1. Horses, 9, 10. Seminary Priests, S. Recusants. Servants, S. Labourers. Service divine, S. Sacraments. Sewers. I. Stat. 23. H. 8.5. Commissioners of Sewers (before they can have power to execute their Commission) shall take the Oath ordained by this Statute, before the L. Chancellor, or those whom he shall depute by Dedimus for that purpose; or else before the Justices of P. in Sess. II. The form of the Oath is this: Ye shall swear, That you, to your cunning, wit, and power shall truly and indifferently execute the authority to you given, by this Commission of Sewers, without any favour, affection, corruption, dread, or malice, to be borne to any manner person or persons; And, as the case shall require, you shall consent, and endeavour yourself for your part, to the best of your knowledge and power, to the making of such wholesome, just, equal, and indifferent Laws and Ordinances, as shall be made and devised by the most discreet and indifferent number of your fellows, being in Commission with you, for the due redress, reformation and amendment of all and every such things as are contained and specified in the said Commission; And the same Laws and Ordinances to your cunning, wit, and power, cause to be put in due execution, without savour, meed, dread, malice, or affection: As God you help, etc. III. Stat. 13. El. 9 A Commission of Sewers shall continue in force ten years, and the orders made by their Commissioners one year longer,: during which time of one year, the Justices of Peace of that County, or six of them, (2. Qu.) have power to execute such Commission and Orders as fully as the Commissioners themselves, unless in the interim a new Commission be sent forth. Sheep, S. Cattell. Sheriffs. I. Magna Charta, 9 H. 3.17. No Sheriff, Constable, Escheator, Coroner, or any other our Bailiffs shall hold Pleas of our Crown. II. Stat. 1. H. 4.11. If a Sheriff commit extortion, and be thereof attainted, he shall be punished for the same at the Kings will. III. Stat. 23. H. 6.10. No Sheriff shall let to farm his County, or Bailiwicks; neither shall he, his under-sheriff, or any other Bailiff, return upon Inquests any Bailiff, Coroner, Steward, or any servant of theirs; neither shall they take any thing for arresting, or for omitting to arrest, save only the fees that follow, viz. for the Sheriff, 20. d. for the Bailiff that makes the arrest, 4. d. and for the Gaoler, (when the party is committed) 4. d. Neither shall any Sheriff, under-sheriff, Sheriff's Clerk, Steward, or Bailiff of Franchise, Servant, Bailiff, or Coroner take above 4. d. for the Copy of a Pannell. IV. Sheriffs and other Officers shall let to Bail persons by them arrested upon reasonable Sureties, having sufficient within the County (persons in ward by Condemnation, exemption, Capias utlagatum, or Excommunicatum, surety of Peace, or committed by command of the Justices, and Vagabonds refusing to serve, only excepted.) V The said Officers shall take no bond of any arrested person, but for appearance, and to themselves only, and shall not take for it more than 4. d. and bonds otherwise taken (colore officii) shall be void. VI Sheriffs shall make Deputies in the King's Courts at Westminster, to receive Writs to be delivered unto them. VII. Sheriffs, under-Sheriffes, Clerks, Bailiffs, Gaolers, Coroners, Stewards, Bailiffs of Franchises, and all other Officers, which do contrary to this Act, shall forfeit for every such offence triple damages to the party grieved, and besides 40. l. to be divided betwixt the King and the prosecutor. VIII. Justices of Assize of both the Benches, and of Peace, have power to hear and determine these offences. IX. If the Sheriff return a Cepi Corpus, or Reddidit se, he shall be chargeable to have the body of the party ready at the day of return mentioned in the Writ. X. The Warden of the Fleet, or of the Gaol of the King's Palace at Westminster, shall not be prejudiced by this Ordinance. XI. Stat. 11. H. 7.15. No Sheriff, under-sheriff, or Shire-Clerk shall enter in the County Court any Plaint in the absence of the Plaintiff, or his Attorney, nor above one Plaint for one cause, in pain of 40. s. to be divided betwixt the King and the prosecutor. XII. A Justice of Peace upon complain made hath power to examine the abovesaid Officers, and Plaintiff concerning the premises, and finding any of the same Officers guilty, shall within three months after certify that examination into the Exchequer, in pain of 40. s. upon which examination the said Officers shall be convicted to pay the abovesaid forfeiture of 40. s. without farther inquiry. XIII. The Defendant in the County Court shall have lawful summons, and if the Bailiff be therein found faulty, he shall forfeit 40. s. And here also examination and certificate shall be made by a Justice of Peace, as aforesaid. XIV. Before the Sheriff issue forth any Estreats out of the County Court, two Just. of P. (1. Qu.) shall view them, and there being two parts of them indented and sealed by the said Justices and Sheriff, one of them shall remain with the Justices, and the other with the Sheriff; and here the Officer that collects them, shall make oath before the said Justices, to levy no more than what is contained in them, in pain of 40. s. who may be convict of that offence by the examination of one Just. of P. as aforesaid. XV. The Justices of P. which are to have the controllement of the Sheriff and his Estreats, shall be named at Michaelmas Sess. by the Custos Rotulorum, or (in his absence) by the eldest of the Quorum: And the said Justices of P. upon information of the party grieved, may make out like Process against the offenders, as in Actions of Trespass. XVI. Stat. 27. El. 12. Every under-sheriff before he intermeddles with his Office, shall before one of the Justices of Ass. or the Custos Rotulorum of the County, or two Justices of Peacethere, (1. Qu.) take the oath of Supremacy, (which see in Recusants 8.) and also the oath hereunder written, in pain to forfeit triple damages to the party grieved, if he commit any act contrary to the same oaths, or either of them. XVII. The form of the other oath is as followeth: I A. B. shall not use or exercise the Office of under-sheriff corruptly, during the time that I shall remain therein, neither shall or will accept, receive, or take by any colour, means, or devise whatsoever, or consent to the taking of any manner of fee or reward, of any person or persons for the Impanelling or returning of any Inquest, Jury, or Tales, in any Court of Record for the King, or betwixt party and party above two shillings, or the value thereof, and such fees as are allowed and appointed for the same, by the Laws and Statutes of this Realm: But will, according to my power, truly and indifferently with convenient speed impanell all Jurors, and return all such Writ or Writs touching the same, as shall appertain to be done by my duty or Office, during the time that I shall remain in the said Office: So help me God. XVIII. No Bailiff of a Franchise, Deputy, or Clerk of a Sheriff or under-sheriff, shall intermeddle with their several Offices before they have taken the said Oaths, as aforesaid, (altering only the terms of Office) in pain to forfeit 40. l. to be divided betwixt the King and the prosecutor. XIX. Justices of Ass. and Just. of P. in Sess. have power to hear and determine the defaults and offences aforesaid, and upon conviction to award Process accordingly. XX. Stat. 29. El. 4. No Sheriff, under-sheriff, Bailiff of a Liberty, or any of their Deputies, shall either directly or indirectly take more for serving an extent or execution, then after the rate of 12. d. for every pound under 100 l. and 6. d. for every pound above 100 l. in pain to forfeit triple damages to the party grieved, and besides 40. l. to be divided betwixt the Queen and the prosecutor. XXI. This Act shall not extend to fees for Executions within Cities or Corporations. S. Bailement, 2. Indictments, 5. Jurors. Justices of P. 18. Ship-Wrights, S. Labourers, 46. Shoemakers, S. Leather. Silver, S. Gold. Skinners, S. Labourers. 53. Soldiers, S. Captains. Stabbing, S. Clergy, 18, 19 Stewards of Courts, S. Justices of P. 14, 16, 28. Strangers, S. Aliens. Supersedeas. I. Stat. 21. Jac. 8. Process of the Peace or good behaviour, shall not issue out of the Chancery or King's Bench, but upon motion in open Court, and good cause alleged upon oath, which shall also be endorsed upon the Writ: Howbeit, if that cause shall be afterwards disproved, the Judge or Judges of the said Courts (respectively) shall commit the offender to prison, till he pay the party grieved all his costs and damages. II. All Writs of Supersedeas shall be void, unless such Process be likewise granted upon motion, as aforesaid; and upon such sufficient sureties, as shall appear to the Court upon oath to be Subsidy-men, assessed at 5. l. lands, or 10. l. goods; and also, unless the prosecution against the party for the Peace or good behaviour be bona fide: And here, false sureties procured for the gaining of such Writs, shall be punished by the Judges. III. Certioraries shall not be allowed, unless the Indictee will become bound with sufficient sureties (such as the Justices of P. in Sess. shall think fit) to pay to the prosecutor, within one month after conviction, such costs and damages, as the said Justices shall assess. Sunday, S. Holidays. Leather, 32. Recusants. Swans, S. Hawks, 7.20. Swearing, Cursing. I. Stat. 21. Jac. 20. If any shall swear or curse within the hearing of a Justice of P. or shall be convicted thereof by his own confession, or the evidence of two witnesses upon oath before the same Justice, they shall forfeit 12. d. to the use of the poor where the offence shall be committed, to be levied by the Const. Churchw. and Overs. of the poor there, (upon warrant from such Justice) by distress and sale of goods: And in defect of distress, if the offender be above 12. years old, he shall (upon warrant, as aforesaid) be set in the stocks three hours; but if under; then shall he be whipped by the Constable, or by the Parent or Master in the Constable's presence. II. Here, if an Officer be sued for the due execution of his Office, he may plead the general Issue, and yet give special matter in evidence. III. This offence shall be complained off and proved, as aforesaid, within twenty days after it is committed: And this Act shall be read in every Church twice in the year, upon Sunday after evening prayer. Tanner, S. Leather. Testimonial, S. Labourers, 9, 10, 11. Tiles. I. Stat. 17. E. 4.4. Tile-earth shall be cast up before the first of November, stirred and turned before the first of February, and not made into Tile before the first of March; And shall likewise be well tried and severed from stones, malme, marl, and chalk. II. A plain Tile shall contain in length ten Inches and an half; in breadth, six Inches and a quarter; and in thickness, half an Inch and half a quarter at least: A Roof or Creast-Tile, in length thirteen Inches, and in thickness, as before, with convenient deepness accordingly: A Gutter and Corner-Tile, in length ten Inches and an half, with convenient thickness, breadth and deepness. III. If any shall sell Tile otherwise made, he shall forfeit to the buyer the double value thereof, to be recovered by action of debt; and besides shall make fine and ransom at the Kings will. IV. Justices of P. shall hear and determine these defaults and offences as well at the suit of the King, as of the party grieved; and shall not set less fine upon an offender against this act, then after the rate of v. s. for every thousand of plain tile, vi. s. viij. d. for every hundred of roof-tile, and two. s. for every hundred of corner or gutter-tile. V The said Justices have also authority to appoint searchers of Tile, who shall diligently execute that office, in pain to forfeit to the King for every default x. s. and shall have of every Tile-maker, for such search, after the rate of i d. for every thousand of plain Tile, ob. for every hundred of roof-Tile, and qu. for every hundred of corner or gutter-Tile; and shall make presentment of all defaults found at the next Sess. which shall be as effectual in law, as a presentment of twelve men. VI None shall put any Tile to sale before such search be made, in pain to forfeit the same: and the Justices of P. have also power to hear and determine the defaults of the said searchers. Tin, S. Brass. Tithes. I. Stat. 27. H. 8.20. If the Judge of an Ecclesiastical Court make complaint to two Justices of Peace (one Quorum) of any contumacy or misdemeanour committed by a defendant in any suit there depending for matter of Tithes, the said Justices shall commit the said defendant to prison, there to remain till he shall find sufficient surety to be bound (before them) by recognizance, or otherwise, to give due obedience to the process, proceed, decrees and sentences of the said Court. II. Stat. 32. H. 8.7. If in such a Court, after sentence for Tithes, the defendant appealeth, the Judge there shall compel the party appellant by process and censures ecclesiastical, to satisfy the other party his reasonable costs; and in case of contumacy or disobedience, upon complaint thereof, two such Justices shall proceed as aforesaid. Howbeit, here the Judge shall take surety of the plaintiff to repay the costs, in case the cause pass against him. Toll, S. Fish, 17. Transportation, S. Actions popular, 18. Corn, Leather, 58. Recusants, 75. Treason, S. Bailment, 1. Trespass. I. Stat. 43. El. 7. If any shall be convicted by his own confession, or by the testimony of one witness upon oath, before one Justice of Peace or head Officer, to have unlawfully cut and taken away any grain growing, rob any orchard or garden, digged up or taken away any fruit trees, broken any hedges, pales, or other fences, cut or spoiled any woods or underwoods standing and growing, or the like, or to have been accessary thereunto, shall for the first offence pay unto the party grieved such damages, and within such time as by the said Justice or head Officer shall be appointed: And in case the party offending shall not by the said Justice or Officer be thought able to discharge the said damages, or shall not discharge them according to the order; then shall the said offender be by them, or either of them (respectively) committed to the Constable or other officer of the place where the offence was committed, or the party apprehended, to be whipped; and for every other offence committed afterwards, and proved as aforesaid, the party offending shall receive the like punishment of whipping. II. The Constable or other inferior officer that herein refuseth or neglecteth to do his duty, shall by any such Justice of Peace or head Officer be committed to prison without bail, till he whip, or cause to be whipped the party offending, as is above limited. III. No Justice of Peace shall execute this Statute for offences done to himself, unless he be affociated with one or more Justices of Peace whom the offence doth not concern. Vagabonds, Rogues. 1. Stat. 39 El. 4. Justices of Peace within every County and Corporation have power in Sess. to give order for the erection of houses of correction, and also for the maintenance and government of the same, and for the punishment of offenders which shall be thither committed. II. All Scholars and seafaring men which beg; All wand'ring persons which either beg, use unlawful games and plays, feign themselves to have skill in Physiognomy, Palinestry, or the like, or pretend to tell fortunes; All persons that are, or pretend to be collectors for Gaoles and Hospitals; All Fencers, Bearwards, common Players, and Minstrels wand'ring abroad (other than such as shall be authorised by Noblemen under their hands and seals;) All Jugglers, Tinlkers, Pedlars, and petty chapmen wand'ring abroad; All labourers which wander, and refuse to work for wages reasnably taxed, having not living otherwise to maintain themselves; All persons delivered out of Gaoles, which beg for their fees, or otherwise do travel begging; All Which wander abroad begging, pretending loss by fire, or otherwise; And all such persons (not being felons) wand'ring, and pretending themselves to be Egyptians, shall be adjudged Rogues, Vagabonds, and stirred Beggars. 16. III. If any such vagabond shall be taken begging, wand'ring, or misordering him or herself, he or she, by the appointment of any Justice of P. Constable, Headborow, or Tithingman there (the two last being assisted by the Minister, and one other of the parish) shall be stripped naked from the middle upwards, openly whipped till their body be bloody, and forthwith sent the next, way from parish to parish, by the Officers of each parish, towards the place of their birth: but if it cannot be known, then towards the place where they last dwelled, by the space of one whole year before such punishment; and if that cannot be known, then to the town thorough which they last passed without punishment; And if it cannot be discovered where they were born, or last dwelled, as aforesaid, then are they to be conveyed by the officer there to the house of Correction, or common Gaol of the County, to be employed in work, or placed in some service, and so to continue by the space of one year: or in case they be not able of body, that town is to keep them, till they may be placed in some Alms-house within the same County. iv After which whipping, the vagabond shall have a testimonial under the hand and seal of the said Justice, Constable, Headborough, Tithingman, and Minister, or any two of them, testifying the day and place of his punishment, the place to which he is to be conveyed, and the time limited for his passage thither; which time, if by his own default he exceeds, he shall from time to time incur the like punishment, till he arrive at the place limited: the substance of which testimonial shall be registered by the said Minister in a book provided for that purpose, in pain of u.s. V If any such rogue seem dangerous, or will not be reform, two Justices of P. (one of Quorum) shall commit him to the house of Correction; and if at the next quarter Sess. by the more part of the Justices there, he shall not be thought fit to be delivered; he shall by them be banished; and at the charge of that County shall be conveyed to such parts beyond the seas, as shall by six or more of the privy Council for that purpose be assigned to her Majesty, her heirs, and successors, whereof the Lord Keeper or Treasurer to be one; or otherwise adjudged to the galleys of this Realm, as the said Justices shall think fit: And if a rogue so banished return without licence, he shall suffer as a fellow, to be tried in the County where he shall be apprehended. 17. VI If a Constable, Headborow, or Tithingman be found negligent in the due execution of this act, they shall forfeit x. s. for every default; and none shall make rescous against any Officer, or hinder the execution of this law, in pain of v. li. and to be bound to the good behaviour. 18. VII. None shall transport such a rogue out of Ireland, Scotland, or the Isle of Man, (being born in any of those places) in pain to forfeit xx. s. to the use of the poor where he lands: And if any such shall be hereafter found in England or Wales, they shall suffer punishment, and be conveyed the next way home, as aforesaid; or (in case they came by sea) to the place where they landed, from whence they are to be transported (at the charge of that County) to the place from whence they came. VIII. No impotent poor person shall pass to the Bath or Buxton without being licenced to pass by two Justices of P. where they dwell, and provided with relief both for their journey and abode there; and shall also return within the time limited by their licence, in pain to be reputed and punished as Rogues; and the city of Bath or town of Buxton shall not be chargeable with any such. IX. Justices of P. of the Counties shall not intermeddle in Cities or Corporations, but only the Officers of the same, who shall have like power there that the said Justices have in Counties. X. This act shall not extend to restrain the power which the city of London hath in the government of St. Thomas Hospital in Southwark, or to prejudice any jurisdiction or inheritance of John Dutton of Dutton, in the County of Chester Esquire. XI. The forfeitures and fines which shall accrue by this act (other then that above otherwise limited) shall be employed for the maintenance of houses of correction, or the relief of the poor where the offence shall be committed, at the discretion of the said Justices of P. and may be levied by warrant under the hands and seals of two Justices of P. by distress and sale of goods: And here the confession of the offender, or proof by two witnesses before two such Just. shall be sufficient conviction. XII. Two Justices of P. (one Quorum) shall have full power to hear and determine all causes which may come in question by reason of this act. XIII. The Lord Chancellor, or Keeper for the time being, shall have power to make Commissioners to inquire of money given towards the erection or maintenance of houses of correction, stocks for the poor, or other such like uses. XIV. A seafaring man suffering shipwreck, not having wherewithal to relieve himself, and having a testimonial under some Justice of P. his hand and seal near the place where he landed, declaring the time and place of his landing, the place of his dwelling or birth unto which he is to pass, and the time limited for his passage, may, in the direct way home, and within the time so limited for his passage, ask and receive necessary relief, without incurring the penalties of this act. XV. This act shall not extend to children under seven years old; nor to glassemen, which travel without begging, by licence under the hands and seals of three Justices of P. (one Quorum) of the County thorough which they travel. XVI. Stat. 1. Jac. 7. Noble personages shall authorise none to go wand'ring abroad; and glassemen shall be reputed and used as rogues, notwithstanding the Statute of 39 El. 4. XVII. In stead of banishing an incorrigible rogue, or committing him to the galleys, (as was ordained by 39 El. 4.) he shall in open Sess. be branded in the left shoulder with a burning iron, having a great Roman R upon it as broad as a shilling; and from thence shall be sent to the place of his last dwelling, or (if that cannot be known) to the place of his birth; after which time, if he offend again, he shall suffer as a fellow, without benefit of Clergy. 5. XXVIII. Every person that seethe or knoweth any rogue to beg, shall convey, or cause him to be conveyed to the next Constable or Tithingman, in pain of x. s. to be levied and employed as the forfeitures of 39 El. 4. and in default thereof, then by the Lord of the Leet, or his officer, in like manner as the persons authorized by the said Statute should have levied and employed the same. And here also, if the Constable or Tithingman do not punish him according to that Statute, he shall forfeit xx. s. to be also levied and employed as by the same Statute is appointed. XIX. This act shall not prejudice the jurisdiction or inheritance of John Dutton of Dutton in the County of Chester Esquire. XX. Stat. 7. Ja. 4. There shall be an house of Correction provided in every Shire, to set rogues and other idle people to work. XXI. The Justices in Sess. shall from time to time appoint a Governor for the said house, who shall have power to set such rogues and idle people to work, and to punish them by moderate whipping, or putting fetters or gyves upon them; which rogues and idle persons shall not be chargeable to the Country, nor have other allowance then what they shall deserve by their own labour. XXII. The said Justices shall at least twice every year within their several divisions (and oftener if need be) assemble and meet together for the better execution of this Statute, and some four or five days before their meeting, shall by warrant command the Constables and Tithingmen of every Hundred, Town, and Hamlet (being assisted with other sufficient men) to make a general privy search in one night within their several precincts, for the finding and apprehending of rogues, etc. and such as shall be found, to bring to the said meeting, to be examined, punished, or sent to the house or houses of Correction, there to be set to work. XXIII. The said Constables and Tithingmen shall appear at the said meeting, and there give an account upon oath in writing, under the Minister's hand, testifying what rogue's etc. they have taken in the last search, or since the last meeting, and how many have been punished, or otherwise sent to the house of Correction: which if they neglect to do, or safely to convey such to the house of Correction as by the said Justice's warrant shall be committed thither, they shall incur what fine the said Justices shall please to set upon them, so it exceed not xl. s. XXIV. The Governors of the houses of Correction shall have such a sum of money yearly, as shall be thought fit by the more part of the Justices of P. in Sess. the same to be paid quarterly before hand by the Treasurers of the County, the Governors giving security for their continuance in the said service. XXV. If any lewd woman have a bastard, which may be chargeable to the parish, the Justices of P. shall commit her to the house of Correction, there to be punished, and set to work one whole year; and if she offend again, then is she to be committed again, there to remain till she put in good sureties for the good behaviour, and not to offend so again. Persons running away, and leaving their charge to the parish, shall be deemed and punished as incorrigible rogues: And those that threaten so to do, (it being proved by two witnesses upon oath before two Justices of P. of the same division) shall be by the same Justices sent to the house of Correction, there to be punished as sturdy rogues, (unless they will put in sufficient sureties to discharge the town,) and not to be delivered but at such a meeting, as aforesaid; or in open Sess. XXVII. If the Governors shall not every quarter Sess. yield to the said Justices a true account of all such persons as shall be committed to their custody; if they suffer any within their charge to make escape, or to be trouble some to the Country by going abroad, or otherwise, they shall incur what fine the same Just. in Sess. shall think fit to impose upon them. XXVIII. All fines which shall accrue by this act (other than those already limited) shall be paid to the Treasurers of the County, and by them be accounted for. See Labourers, 11. Sheriffs, 4. Victual, and Victuallers. I. Stat. 12. E. 2.6. No person in any City or Corporation, which by reason of his Office ought to keep the Assize of Wine and Victuals, as long as he shall be attendant upon his Office, shall buy or sell Wines or Victuals, in pain to forfeit the same to the King, whereof the prosecutor shall have the third part by the King's gift. 8. II. Stat. 23. E. 3.6. All Butchers, Fishmongers, Regraters, Ostlers, Brewers, Bakers, Poulters, and all other sellers of Victuals, shall sell the same at reasonable prizes, and for moderate gain, in pain (upon proof of the contrary, before the Sheriff or the King's Bailiffs, or before the Constables of the place, by the evidence of two true men) to forfeit the double value thereof to the party damnified, or (in his default) to him that will sue for the same: And all Majors, and head Officers of Corporations have like power, and upon neglect of their duty herein, shall forfeit the triple value thereof to the party or prosecutor, as aforesaid; and besides shall incur a fine to the King, to be imposed by Justices to be assigned by the King. III. Stat. 6. R. 2.10. Aliens (being in amity with the King and Realm) may bring in victual, and sell the same in gross, or by retail, without the impeachment of any. See Stat. 11 R. 2.7. 1. H. 4.17. and 14. H. 6.6. IV. Stat. 13. R. 2.8. Victuallers shall sell their victuals at such reasonable prizes as shall be set down by the Just. of P. in two of their Sess. to be holden betwixt Easter and Mich. in pain to be punished at the discretion of the said Justices, where no pain is already limited in certain. 9 V And here, Sheriffs, Stewards, Majors, Bailiffs, and all other, which have power to keep Assize of Bread and Ale, shall take no fine or amercement for any default touching the Assize, for which the offender ought by Law to have bodily punishment. VI Stat. 23. H. 6.13. Justices of Peace shall twice every year cause all Statutes concerning Victuallers (before this time made) to be openly proclaimed in Sess. VII. Stat. 12. E. 4.8. No person (other than Majors, Bailiffs, Lords of Leets, or others in point of Charter) shall execute any Office of searching or surveying of Wine, Ale, Beer, or any other Victual, or of the correction for breaking the Assize thereof, in pain to forfeit 40. l. to be divided betwixt the King and the prosecutor. And all Letters Patents of the King granted for that purpose shall be void. VIII. Stat. 3. H. 8.8. When a Victualler (in a City or Corporation) is chosen to bear an Office, by reason whereof he ought also to have the Assising of Victual, during that time, two other (being no Victuallers) shall be joined and sworn with him, truly to Assess and set prizes and Assizes of Victual there. IX. Stat. 25. H. 8.2. The prizes of Victual in all places (except Corporations) shall be assessed by the King's Counsellors, Justices of either Bench, and some other great Officers. X. Stat. 2, 3. E. 6, 15. Butchers, Brewers, Bakers, Poulters, Cooks, Costermongers, or Fruiterers, which conspire or promise together, that they will not sell their victuals, but at certain prizes, shall forfeit for the first offence 10. l. to the King; and if they pay it not within six days after conviction, they shall suffer 20. day's imprisonment, and during that time shall have no sustenance but bread and water: for the second offence they shall forfeit 20. l. and, that not paid within six days, as aforesaid, shall suffer the Pillory: And for the third offence shall forfeit 40. l. and, that not paid within the time above limited, shall again suffer the Pillory, lose one of their ears, and be ever after taken as men infamous, and not to be credited. XI. Just. of P. Mayor, Bailiffs, and Stewards, in Sess. Leets and Courts, have power to hear and determine these offences. See Alehouses, 5, 15, 26, 28. Butter, 1. Corn, Forestallers, 5. Purveyors, 56. Vintners, S. Wines. Alehouses, 29. Undersheriff, S. Sheriffs. Usury. 1. Stat. 37. H. 8.9. None shall sell his wares or merchandise to any, and within three months after buy the same again at a lesser prize, knowing them to be the same wares; or by any corrupt bargain of wares, money, or other thing, or by any mortgage of Land, take in gains for giving day of payment, more than according to the rate of 10. per centum, for one whole year, in pain to forfeit the triple value of the wares or money so put forth, or the triple value of the profits of such lands mortgaged, to be divided betwixt the King and the prosecutor; And besides shall suffer imprisonment, and make fine at the Kings will. II. Stat. 13. El. 8. All bonds, contracts, and assurances upon Usury, in lending or doing any thing contrary to the Stat. of 37. H. 8.9. shall be void, and all brokers, and solicitors thereof, shall be adjudged and used as Councillors, Attorneys, or Advocates in any case of Praemunire. III. He that taketh no more than after the rate of 10. l. per centum, or less, shall only forfeit the interest; to be recovered and employed, as the forfeitures of 37. H. 8.9. IV. Justices of Oyer and Terminer, of Ass. and of P. in their Circuits and Sess. and Majors, Sheriffs, and Bailiffs of Cities, have power to hear and determine all offences committed against 37. H. 8.9. V This Statute of 37. H. 8.9. shall be construed largely and strongly against the party offending by any way or devise, directly or indirectly. VI This Act shall not extend unto any allowances or payments for the finding of Orphans, according to the ancient rates of London, or of any other City, where order is taken for their custody and goods, as in London. VII. The offender against the Stat. of 37. H. 8.9. may also be punished by the Ecclesiastical Laws. VIII. Stat. 21. Jac. 17. None shall upon any contract, directly or indirectly, take for loan of any money or other commodities, above the rate of 8. l. per centum for one whole year, in pain to forfeit the triple value of the money, or other things so lent. IX. No Scrivener, Broker, or Solicitor shall take or receive directly or indirectly for brokage, above the rate of 5. s. for the loan of 100 l. for one whole year, nor above 12. d. for making of a bond, in pain to for fet 20. l. to be divided betwixt the King and the prosecutor; and also to suffer six months' imprisonment. See Actions popular, 15. Wages, S. Justices of P. 13, 18. Labourers, 15, etc. Parliament. Wagoner, S. Holidays, 2. Wainman, S. Holidays, 2. Wales. 1. Stat. 26. H. 6. Just. of P. in the Counties next adjoining to Wales, may hear and determine the felonies committed in Wales, and in the Marches thereof, and how they may proceed therein. II. Stat. 27. H. 8.7. The said Justices may hear and determine certain offences (there mentioned) of Foresters in Wales about unreasonable customs, and how they are to proceed therein. III. Stat. 34. H. 8.26. In this Statute is set down by whom the Justices of P. in Wales are to be appointed, how many there ought to be in every County, what manner of men they ought to be, and how they ought to deal in their office, concerning their Sess. Certificates, Fees, Amerciaments, and Fines, together with divers other matters there mentioned. S. Boat-men, 1. Warrens, S. Hunters. Watches. 1. Stat. of Winchester, 13. E. 1.4. In great Towns walled, the gates shall be shut from Sunset till Sunrising, and none shall lodge without the Town, unless his Host will answer for him: for which purpose, the Bailiffs of Towns shall make search once every fortnight at least, and if they find any suspicious persons to have been lodged against the peace, they shall do right therein. II. Betwixt Ascension day and Michaelmas, Watch shall be kept all night, from Sunsetting till Sunrising; viz. in a City with six men at every gate, in a Borough with twelve men, and in every Town with six or four men, according to the number of the inhabitants there; and if any stranger pass by them, he shall be arrested till morning; and if he will not obey the arrest, they shall levy Hue and Cry upon him. III. Stat. 5. H. 4.3. Watches shall be made upon the seacoasts, as they were wont to be; and in that case the Statute of Winchester shall be observed. iv In every Commission of Peace hereafter to be made, this article shall be inserted, That the Justices of Peace shall have power in their Sessions to inquire of Watches, and to punish them which shall be found in default, according to the tenor of the said Statute. Watermen, S. Boatmen. Wax. I. Stat. 11. H. 6.12. No Wax-Chandler shall sell or put to sale any Candles, or other wares made of wax, at a dearer rate than that he may have only iiii. d. in every pound of wares over the price of plain wax, in pain to forfeit all such waxes put to sale, and the value of them sold; and besides, to make fine to the King. II. Justices of Peace, Mayor, Bailiffs and Stewards of Franchises have power to examine and search concerning the breach of this law, and also to hear and determine the offences committed against the same. Stat. 23. El. 8. Wears, S. Fishing, 6, 26. Weights and Measures. I. Magna Charta, 9 H. 3.25. One measure and one weight shall be used throughout England. II. Assisa Penis & Cervisia, 11. H. 3. A Table of the assize of Bread according to Troy weight, having twelve ounces in a pound, and twenty penny weight in each of those twelve ounces. Price of Wheat. Penny White. Penny Wheaten. Penny Household. s. d. l. owned. d. l. owned. d. l. owned. d. 19 6 1 5 7 2 2 0 2 10 19 20 0 1 4 18 2 1 6 2 9 16 20 6 1 4 10 2 0 14 2 9 0 21 0 1 4 2 2 0 2 2 8 4 21 6 1 3 14 1 11 12 2 7 8 22 0 1 3 6 1 11 0 2 6 12 22 6 1 3 0 1 10 10 2 6 0 23 0 1 2 14 1 10 0 2 5 8 23 6 1 2 8 1 9 12 2 4 16 24 0 1 2 2 1 9 2 2 4 4 24 6 1 1 16 1 8 13 2 3 12 25 0 1 1 10 1 8 6 2 3 0 25 6 1 1 5 1 7 18 2 2 10 26 0 1 1 0 1 7 10 2 2 0 26 6 1 0 15 1 7 3 2 1 10 27 0 1 0 10 1 6 16 2 1 1 27 6 1 0 6 1 6 8 2 0 12 28 0 1 0 1 1 6 0 2 0 2 28 6 0 11 17 1 5 15 1 11 14 29 0 0 11 13 1 5 10 1 11 6 29 6 0 11 9 1 5 4 1 10 17 30 0 0 11 5 1 4 18 1 10 10 30 6 0 11 1 1 4 12 1 10 2 31 0 0 10 18 1 4 6 1 9 16 31 6 0 10 14 1 4 1 1 9 8 32 0 0 10 11 1 3 16 1 9 2 32 6 0 10 8 1 3 12 1 8 16 33 0 0 10 5 1 3 6 1 8 10 33 6 0 10 3 1 3 0 1 8 4 34 0 0 9 19 1 2 15 1 7 18 34 6 0 9 16 1 2 12 1 7 12 35 0 0 9 13 1 2 8 1 7 6 35 6 0 9 10 1 2 4 1 7 0 36 0 0 9 8 1 2 1 1 6 16 36 6 0 9 5 1 1 18 1 6 10 37 0 0 9 2 1 1 14 1 6 4 37 6 0 9 0 1 1 10 1 6 0 38 0 0 8 18 1 1 7 1 5 16 38 6 0 8 15 1 1 4 1 5 11 39 0 0 8 13 1 1 0 1 5 6 39 6 0 8 11 1 0 16 1 5 2 40 0 0 8 9 1 0 12 1 4 18 40 6 0 8 7 1 0 9 1 4 14 41 0 0 8 5 1 0 6 1 4 10 41 6 0 8 3 1 0 3 1 4 6 42 0 0 8 1 1 0 0 1 4 2 42 6 0 7 19 0 11 18 1 3 18 43 0 0 7 17 0 11 16 1 3 14 43 6 0 7 15 0 11 13 1 3 10 44 0 0 7 13 0 11 10 1 3 6 44 6 0 7 12 0 11 6 1 3 3 45 0 0 7 10 0 11 4 1 3 0 45 6 0 7 8 0 11 2 1 2 17 46 0 0 7 6 0 11 0 1 2 14 46 6 0 7 5 0 10 18 1 2 10 47 0 0 7 4 0 10 1● 1 2 7 47 6 0 7 2 0 10 13 1 2 4 48 0 0 7 1 0 10 10 1 2 1 48 6 0 6 19 0 10 8 1 1 18 49 0 0 6 17 0 10 6 1 1 16 49 6 0 6 16 0 10 4 1 1 13 50 0 0 6 15 0 10 2 1 1 10 50 6 0 6 14 0 10 0 1 1 7 51 0 0 6 12 0 9 18 1 1 4 51 6 0 6 11 0 9 16 1 1 2 52 0 0 6 10 0 9 14 1 1 0 52 6 0 6 8 0 9 12 1 0 17 53 0 0 6 7 0 9 10 1 0 14 53 6 0 6 6 0 9 8 1 0 12 54 0 0 6 5 0 9 6 1 0 10 54 6 0 6 4 0 9 5 1 0 8 55 0 0 6 3 0 9 4 1 0 6 55 6 0 6 1 0 9 2 1 0 3 56 0 0 6 0 0 9 0 1 0 0 56 6 0 5 19 0 8 18 0 11 18 57 0 0 5 18 0 8 17 0 11 16 57 6 0 5 17 0 8 15 0 11 14 58 0 0 5 16 0 8 14 0 11 12 58 6 0 5 14 0 8 13 0 11 9 59 0 0 5 13 0 8 12 0 11 6 59 6 0 5 12 0 8 10 0 11 4 60 0 0 5 11 0 8 8 0 11 2 60 6 0 5 10 0 8 6 0 11 1 Note, that (by the Book of Assize now in use) Bakers Inhabiting Corporate Towns (in regard they pay scot and lot there) are allowed six shillings in every Quarter of the middle-prised wheat for their charge in baking; And Country or foreign Bakers, only four shillings: For example, when the middle-prise of wheat is 30. s. the Quarter, for the Assize of Town Bakers you are to find in this Table the Assize of Bread answering to 36. s. but for the Assize of foreign Bakers, that of 34. s. And therefore (in that case) the penny white loaf put to sale by Town Bakers ought to weigh nine ounces, eight pennyweight; but that uttered by foreign Bakers nine ounces, nineteen pennyweight, as appears in the Table. III. An English penny sterling (being now three pence) shall weigh 32. grains of Wheat taken out of the middle of the ear, and 20. pence do make an ounce, 12. ounces a pound, 8. pound a gallon, 8. gallons a London Bushel, which is the eighth part of a Quarter, Stat. 31. E. 1. See Rastall, Weights, 7, 8. IV. Stat. of the Pillory and Tumbril, 51. H. 3. If a Baker or Brewer be convict not to have observed the Assize, for the first, second, and third fault he shall be amerced, except the offence be grievous and often, and then shall the Baker to the Pillory, and the Brewer to the Tumbril, or some other correction. V Six men shall be sworn truly to gather all the measures and weights of the Town, and of Mills, and upon the measures and weights, as also upon every loaf shall the name of the Owner be distinctly written: After this, 12. lawful men shall be sworn to make true answer on the King's behalf upon Articles, hereafter following; And the Bailiff shall be commanded to bring the Bakers and Brewers with their measures, and all things under-written. VI Then first the Jury shall inquire the first, second, and third prizes of Wheat sold the last Marker day, and also how Barley and Oats; and upon how much increase or decrease of the price of Wheat, the Baker ought to change the Assize of his Bread, and how much it ought to weigh according to the present price of Wheat; and whether the Town have a Pillory of convenient strength. VII. Again, they shall inquire of the Assize and price of Wine, and the Vintner's names, and how they fell, and whether they utter that which is wholesome for man's body: Also of the Assize of Ale in the Court of the Town, how it is, and whether it be observed; and if the Brewers be found to have sold contrary to the Assize, they shall be amerced, or else judged to the Tumbril. VIII. They shall inquire likewise of such as use double, or false weights or measures; of Butchers and Cooks, that sell unwholesome meat; & of Forestallers, which buy any thing before the accustomed time of Marker. IX. Stat. the pistorib●s, 31. E. 1. The Assize or weight of Wheat shall never be changed, but when there is six pence increasing or decreasing in the price of a Quarter. X. If a Baker's Bread be found a farthing weight lacking in two shillings six pence or under, he shall be amerced; and if it pass the same number, he shall suffer the punishment of the Pillory, which shall not be remitted for gold or silver: And every Baker shall have a mark of his own for his bread. According to which proportion, it seems that if a Baker's bread wants not a penny weight in six ounces, he shall not incur amerciament. XI. Every Pillory or Stretch-neck must be made of convenient strength, so that execution may be done upon offenders without peril of their bodies XII. The toll of a mill shall be taken according to custom, and the strength of the water, either to the 20. or 24. corn; also by a measure agreeable to the King's standard, and by the race, and not by heap or cantle: And if the Farmers find the Millers their necessaries, they shall take nothing besides their due toll, in pain to be grievously amerced. XIII. The assize of Ale shall be assessed, proclaimed, and kept according to the price of corn whereof malt is made; And the Brewer shall not increase more in a gallon, but according to the rate of six pence rising or falling in a quarter of malt: And if he break the assize, for the first, second, and third time he shall be amerced, but for the fourth he shall incur the Pillory. XIV. A Butcher that sells Swine's flesh mezled, or dead of the morin, shall for the first time be amerced; for the second incur the Pillory; for the third be imprisoned and make fine; and for the fourth shall forbear the town: And in this manner shall it be done to all that offend in like case. XV. The standard of bushels, gallons, and else shall be signed with an iron seal of the Kings; and no measure shall be in any town, unless it do agree with the King's measure, and be marked with the seal of the Shire town. XVI. If any do sell or buy with measures unsealed, and not examined by the Mayor or Bailiffs, he shall be grievously amerced. XVII. All measures shall be viewed twice every year; and if any be convict of a double measure, he shall be imprisoned, and grievously punished. XVIII. The Standard bushels, and else shall be in the custody of the Mayor and Bailiffs, and of six lawful persons of the town being sworn, before whom all measures shall be sealed: and no grain shall be sold by the heap or cantle, except it be oats, malt, and meal. 24. XIX. No forestaller shall be suffered to dwell in any town; and if any shall be convict of that offence, for the first time he shall be amerced, and lose the thing so bought; for the second shall have judgement of the Pillory; for the third shall be imprisoned and make fine; and for the fourth shall abjure the town: And like judgement also shall be given against his accessaries. XX. An Ordinance for measuring land. 34. E. 1. See the Statute at large. XXI. Stat. 14. E. 3.12. There shall be one weight and one measure throughout the Realm of England: And the Treasurer shall cause to be made certain standards of bushels, gallons, and weights of brass, and shall send them into every County, where such standards are not already sent: and thereupon shall be assigned two sufficient persons in every County (or more, if need be) to survey weights and measures according to the standard, who shall have power to hear, determine, & punish all those that shall be thereof found guilty, and to command the Sheriff to imprison them till they shall make fine to the K. XXII. The said Officers shall every year, the next day after the feast of S. Michael, deliver their estreats into the Exchequer, and take for their expenses a fourth part of that they can levy, and shall answer the King the other three parts: And the fourth part also of that they cannot levy, shall be answered them in the Excheq. and the other three parts shall be levied for the King's use. XXIII. Stat. 25. E. 3.9. auncel weight shall be quite put out, and weighing shall be by equal balance. Stat. 34. E. 3.5 XXIV. Stat. 25. E. 3.10. Every measure shall be according to the King's standard, and shall be striked without heap, saving the rents of Lords: And the King will assign certain Justices in every County to inquire, hear, and determine upon the points aforesaid, and to inflict punishment according to the trespass. XXV. Stat. 27. E. 3.10. There shall be one weight and one measure; and none shall use any deceit in weighing commodities by an uneven tongue of the balance, or by putting hand, forth, or other touch, in pain to forfeit the value of the commodities so weighed, to suffer one year's imprisonment, and to be ransomed at the Kings will; and the party grieved shall recover quadruple damages. XXVI. There shall be Justices assigned to inquire of such trespasses, & to do right as well at the K. suit, as at the suit of the party. XXVII. Stat. 13. R. 2.9. There shall be one weight and measure throughout England; and he that shall be convicted to have used any other, shall suffer six month's imprisonment, and yield double damages to the party grieved. XXVIII. Stat. 15. R. 2.4. Eight bushels of corn striked shall be accounted a quarter, as well by water as by land: and none shall buy otherwise, in pain to forfeit the corn or malt so bought. XXIX. Stat. 9 H. 5. Parl. 2.8. The Justices of P. Sheriffs, Escheators, and other persons to be assigned by the King, shall have power by Commission to inquire of the counterfeiters of false weights, and to commit them to prison, and there to hold them till they shall be acquit or attainted, and being anainted, they shall still remain in prison, till they have made fine and ransom at the discretion of the said Just. who shall have power there of to inquire, hear and determine, as often as to them shall seem necessary. XXX. Stat. 2. H. 6.11. The tun of wine shall contain 252. gallons English measure, the pipe 126. gallons, the barrel of Herrings or Eccles shall contain 30. gallons, the butt of Salmon 84. gallons; and so of other lesser vessel after the same rate. XXXI. None shall import or make any vessel contrary to this act, in pain to forfeit the commodities therein contained to the lord of the town where they are found, whereof the prosecutor shall have the fourth part. XXXII. Justices of P. and Majors, and Bailiffs (having power to inquire of the peace) have power to hear and determine these offences. XXXIII. Stat. 8. H. 6.5. Every City, Borough and Town within England shall have a common balance, with common weights sealed, and according to the standard of the Exchequer, upon the common costs of the said City, Borough or Town, in the keeping of the head Officer, or Constable there, in pain that the City for such default shall forfeit x. l. to the King; the Borough v. l. & every other Town xl. s. 39, 48. XXXIV. At this balance all the inhabitants may weigh gratis; but a foreigner shall for every draught under xl. l. pay a farthing; for a draught betwixt xl. li. and an hundred an halfpenny; and for a draught betwixt an hundred and a thousand a penny; whereof the weights shall be maintained, and the officers which attend that service rewarded, at the discretion of the said inhabitants. XXXV. None shall buy woollen yarn, unless he will make cloth thereof; nor use weight or measure, or any other thing in place thereof, which is not sealed according to the standard, nor set any thing to the same by way of tacking or hiding, or in any other manner, that may increase the measure or weight, or let the balance to have his natural course, upon the pain mentioned in the Statutes of 27. E. 3.10. and 13. R. 2.9. XXXVI. Justices of P. Mayor, Bailiffs, and Stewards of Franchises have power to hear and determine these offences. XXXVII. Stat. 9 H. 6.8. A weigh of Cheese shall contain 32. cloves, and every clove seven pound. XXXVIII. Stat. 11. H. 6.8. The Stat. of 1. H. 5.10. (which see in Purveyors, 44.) and 8. H. 6.5. shall be duly put in execution. XXXIX. In every City, Borough, and Town there shall be a common bushel sealed, and according to the standard, in like manner and pain as in the said Stat. of 8. H. 6.5. is specified, for a common balance. 48. XL. All Ju. of P. Mayor, & head Officers shall have power to hear and determine the offences committed against the said Statutes by examination or inquisition, and as well at the suit of the King, as of the party grieved. XLI. The Mayor of London, and all other Majors and Bailiffs, in their oaths shall be charged to keep and execute all the said Statutes, and shall be accountable in the Exchequer for all profits and forfeitures which shall grow due thereupon to the King. XLII. Stat. 1. R. 3.13. The contents of every vessel of wine and oil: And they shall not be sold until they be gauged by an officer to be appointed by the King for that purpose. XLIII. Stat. 7. H. 7.4. (or according to Rastal cap. 3.) Measures and weights of brass shall be fent to every City and Borough, there to be kept as their treasure, according to which all measures and weights in every County shall be reform. XLIV. The Mayor or chief Officer of every such place shall have a special mark wherewith he shall seal the said measures and weights; and shall take for sealing of a bushel a penny, and of every other measure an halfpenny; for an hundred weight a penny, for half an hundred an halfpenny; and for every lesser weight a farthing. XLV. If he refuseth or delayeth to seal them, or doth any thing contrary to this act, he shall forfeit xl. s. to be divided betwixt the King and the party grieved, and to be recovered by action of debt, wherein no wager of law shall be admitted. XLVI. Justices of P. have power to hear and determine the said defaults. XLVII. Stat. 11. H. 7.4. Measures and weights of brass shall be sent to Cities and Boroughs there especially named. XLVIII. Only Cities, Boroughs, and Market Towns shall be enjoined to have common balances, weights and measures, and all other towns shall be excused, notwithstanding the Statutes of 8. H. 6.5. and 11. H. 6.8. above mentioned. XLIX. The Majors and chief Officers of the said Cities, Boroughs, and Market Towns, which shall have delivered unto them such weights and measures sealed with the letter H. crowned, (or with the first letter of the name of the present King of England for the time being) shall have authority and power to sign like weights and measures unto any of the King's subjects (duly requiring the same) taking for the marking of every bushel only one penny. L. None shall use any other weights or measures but such as are so marked. LI. Majors and chief Officers shall at least twice every year view all measures and weights within their jurisdictions, and break or burn them which they find defective, and also inflict punishment upon the offenders; viz. for the first offence vi. s. viij. d. for the second xiii. s. iiii. d. and for the third xx. s. and besides, adjudge them to the pillory. LII. Two Justices of Peace (one Quorum) have authority as well by examination as inquiry, to hear and determine the defaults of Majors and other head Officers, and also of buyers and sellers contrary to this act; and to set fines and amerciaments upon the offenders at their discretions: and the defective weights or measures are to be forfeited and burnt. LIII. Eight bushels of corn raised and stricken shall be accounted a Quarter, 14. l. a stone of Wool, and 26. stone, a sack: Howbeit this Act shall not extend to any person selling or buying by water measure within shipboard, whereof every bushel shall contain five pecks raised and stricken. LIV. Within the Cinque Ports the Lord Warden or his Lieutenant shall order the weights and measures. LV. Stat. 12. H. 7.5. A bushel shall contain 8. gallons of Wheat; and every gallon 8. pounds of Wheat, Troy weight; and every pound 12. ounces; and every ounce 20. starlings, (or penny weights;) and every sterling shall weigh 32. grains of Wheat, that grew in the midst of the ear of Wheat: And a standard for the King's treasury is to be made according to this Assize. LVI. Whereas the weights and measures sent down to Cities and Boroughs last year by the Stat. of 11. H. 7.4. were found defective, others more perfect shall be sent thither at the charge of the said Cities and Towns, according to which all other weights and measures shall be regulated, upon the pains in the said Statute contained. LVII. Stat. 16. Car. 19 There shall be one weight and one measure according to the standard of the Exchequer throughout the Realm, and every measure of Corn shall be striked without heap. LVIII. Whosoever shall sell by, or keep any other weight or measure, whereby any thing is bought or sold after six months after this Sess of Parliament, shall forfeit for every such offence 5. s. being thereof lawfully convicted by the oath of one witness before a Justice of P. Maior, or other head Officer, (in their several precincts respectively) who shall have power to administer an Oath in that behalf, which said forfeiture shall be levied by the Churchwardens, and Overseers of the poor (or one of them) where the offence shall be committed, to the use of the poor there, by distress and sale of goods, rendering the overplus to the party offending; And in default of distress it shall be lawful for any Justices of P. Maior, or other head Officer, (in their several precincts respectively) to commit such offender to prison, until he shall pay the sum so forfeited. LVIX. The Clerk of the Market of the King or Prince's household, and his deputies, shall only execute their office within the verge, and not elsewhere: And head Officers of Corporations, and Lords of Liberties, and their deputies, may execute theirs in their several precincts, as they might have done before this Act was made. LX. If any of the Officers aforesaid shall seal any weight or measure which is not agreeable to the said standard, or shall refuse to seal such as are agreeable thereunto, (the party paying only such fees for the allowance thereof, as are warranted by Statute, or some ancient custom) they and their deputies (respectively) shall for every such offence forfeit 5. l. to be levied as aforesaid, to the use of the poor where the offence was committed. LXI. If they shall take any other fine, fee, reward, or sum of money, then what are allowed by Statute, or some such ancient custom, for the signing or examination of any weights or measures, which have been formerly marked or sealed; or shall impose any fine or amerciament without a legal trial of the offence; or shall otherwise misdemean themselves in the execution of their office, and shall be thereof lawfully convict; they shall forfeit for the first offence, 5. l. for the second, 10. l. and for every other offence, 20. l. to be levied, as aforesaid, to the use of the poor, where the offence was committed. LXII. He that is fined or amerced by this Act, shall not be again punished for the same offence by force of any former Law or Statute. LXIII. This Act shall not extend to the measure of Rent-corn, nor to Water-measure. LXIV. If any Officer authorised for the execution of this Statute shall be impleaded for any act he shall do therein, he shall plead the general Issue, not guilty, and yet give this Statute, or any other special matter in evidence; And if he be found not guilty, or the Plaintiff be nonsuited, he shall recover triple costs. Wild Fowl. Stat. 25. H. 8.11. None shall destroy or take away the eggs of any wild Fowl, in pain to forfeit for every egg of a Crane or Bustard so taken or destroyed 20. d. of a Bitter, Herne, or Shovelard 8. d. of a Mallard, Tele, or other wild Fowl 1. d. to be divided betwixt the King and the prosecutor: And here Justices of P. shall have power to inquire, hear and determine offences of this kind, as they use to do in cases of Trespass. S. Hawks, 19, 20. Hunters, 7. Wines. I. Stat. 7. E. 6.5. None shall utter Wine by retail, in any other place then in Cities, Boroughs, Port Towns, or Market Towns, or in Gravesend, Sittingborne, Tuxford, or Bagshot, in pain to forfeit 10. l. for every day that they sell Wine otherwise. II. None shall utter Wine by retail in any City, Borough, or Corporation, but by licence of the most part of the Common-council, Aldermen, Burgesses, or Communality there, under their common Seal; nor in any City, Borough, Port town, or Market town not Corporate, or in Gravesend, Sittingborne, or Bagshot, without licence of the Justices of P. of the County in Sess. under their Seals; in pain to forfeit 5. l. for every day that they sell Wine otherwise: which said Officers, Communality, and Justices have power to continue or change such licences at their discretions; but shall not licence above two in one place, in pain to forfeit 5. l. a piece except in these hereafter following, in which it shall be lawful to licence more than two, viz. in London 40 York 8 Norwich 4 Westminster 3 Bristol 6 Lincoln 3 Hull 4 Shrewsbury 3 Exeter 4 Salisbury 3 Gloucester 4 Westchester 4 Hereford east 3 Worcester 3 South-hampton 3 Canterbury 4 Ipswich 3 Winchester 3 Oxford 3 Cambridge 4 Colchester 3 Newcastle 4 III. None shall sell or utter Wine by retail to be spent in his or their mansion house, or in any other place in their tenure, by any colour, craft, or engine, in pain of 10. l. iv The abovesaid forfeitures shall be divided betwixt the King and the prosecutor. V Justices of P. within every County and Corporation in Sessions, Stewards in Leets, and Sheriffs in their Turns, have power to inquire (by the oaths of twelve men) of all offences committed against this Act; in which case the forfeitures, which shall thereupon grow due, shall be divided betwixt the King and the poor of the Town or place where the presentment shall be found. VI This Act shall not prejudice the liberties of either of the Universities; nor charge any person offending, unless the suit be prosecuted within a year. S. Weights, 6. Witchcraft. I. Stat. 1. Jac. 12. If any shall be lawfully convicted to have used or practised the invocation or conjuration of any evil spirit; or to have taken up any dead person out of their grave, or any part of such person to be used in witchcraft or enchantment; or to have used witchcraft, whereby any person hath been killed, pined, or made lame; they, together with their accessaries, shall be adjudged felons, without benefit of Clergy. II. If any shall be lawfully convicted to have taken upon them by witchcraft, enchantment, charm, or sorcery to discover any place of hidden treasure, or where lost or stolen goods are become, or to provoke any person to unlawful love, or to destroy or impair any cattles or goods, or to hurt or destroy any person in their body, although the same be not effected: they shall for the first offence suffer one whole years imprisonment without bail, and once in every quarter of that year, at a Market or Fair, stand upon the pillory six hours, and there openly confess the offence committed: and for the second offence shall suffer as a fellow without benefit of Clergy: But here shall be no loss of dower, or disherison of heir; and in these cases a Peer (being an offender) shall be tried by his Peers. Witness, S. Perjury, 8. Wood Stat. 35. H. 8.17. Two Justices of Peace appointed by the more part of the other Justices, have power (in a form there set down) to set out between the lord of a wood and his commoners (when they cannot agree) the lords part, which (being as near a fourth part as can be laid out) the said lord or owner shall enclose or sell at his pleasure. See Corns. Wool. Stat. 2, & 3. P. & M. 13. Justices of P. about Hallifax in Yorkshire, have power to punish such of the inhabitants there, as having bought wool, do sell the same again in any other place, and not in Hallifax; or to the richer sort there, or to such as sell it again, and not to the poor to be wrought into yarn. See Actions popular, 18. Writs, S. Process. Supersedeas. FINIS.