Abjuration
.
1
JUstice
of
Peace
cannot
arraigne
a
man
upon
his
abjuration
for
felonie
Lam.
519.
Lam.
551.
2
Abjuration
of
a
seditious
sectarie
made
in
open
quarter
Sessions
must
be
certified
to
the
Judge
of
Assize
at
the
next
Assize
.
35.
El.
cap.
1.
Lamb.
555.
Lamb.
590
,
615.
Vide
plus
Recusant
.
110.
6.
Absolve
,
vide
Treason
.
15.
6.
Accessarie
and
Principall
.
Who
shall
be
an
accessarie
before
the
fact
.
1
Abbettour
,
procurer
,
or
consenter
to
a
felonie
.
Dal.
250.
Cro.
41.
Lamb.
282
,
285.
Lamb.
283
,
286.
Stam.
44.
0.
2
Commander
of
an
evil
act
is
accessarie
to
the
felonie
proceeding
thereof
:
as
if
death
proceed
of
beating
or
robbing
.
Dal.
250.
Cro.
42.
a.
Lam.
286.
3
Commander
of
one
felonie
whereby
another
ensueth
,
is
accessarie
to
the
first
:
as
,
A
commandeth
B
to
fire
the
house
of
C
,
and
thereby
many
are
fired
.
Lamb.
286.
Lamb.
287.
4
Commander
of
a
felonie
,
though
it
be
executed
in
another
fashion
,
time
,
and
place
,
or
manner
then
was
commanded
.
Dal.
250.
Lamb.
286.
Lam.
287.
Cro.
42.
a.
nu.
14.
Who
not
.
The
felonie
commanded
is
executed
on
another
person
,
the
commander
is
not
accessarie
.
Lam.
287.
The
commanded
performing
more
then
was
commanded
,
committeth
felonie
,
the
commander
is
not
accessarie
.
Lam.
287.
The
commander
of
one
felonie
to
be
done
to
a
man
,
is
not
accessarie
to
another
kinde
of
felonie
committed
against
the
said
partie
:
as
,
one
counselled
to
poyson
A
,
giveth
it
to
A
and
B
:
the
counseller
is
not
accessarie
to
the
murder
of
B.
Lamb.
287.
nu.
16.
The
knower
of
a
felonie
without
consenting
.
Lam.
288.
Lam.
289.
Dal.
251.
●ro
.
41.
b.
nu.
8.
One
not
partie
nor
privie
who
is
present
at
a
felonie
,
and
doth
not
disturb
it
nor
pursue
the
felon
,
is
fineable
.
Dal.
251.
Lamb.
289.
Cro.
44.
2.
Accessarie
after
the
fact
.
Receiver
of
a
felon
,
knowing
him
to
be
one
,
and
suffering
him
to
escape
,
whether
before
or
after
attainder
.
Dal.
251.
Cro.
41.
a.
Dal.
251.
Receiver
or
comforter
of
a
felon
with
an
evil
intent
.
Lam.
289.
Dal.
251.
Arrester
of
a
felon
by
hue
and
crie
taketh
the
goods
and
letteth
him
go
.
Lam.
289
,
290.
One
pursuing
a
felon
for
his
own
goods
,
taketh
money
of
him
not
to
give
evidence
against
him
,
whereby
he
is
freed
.
Lam.
290.
Receiver
or
comforter
of
an
accessarie
,
knowing
thereof
.
Lam.
291.
Dal.
254.
Receiver
of
one
brother
,
knowing
him
to
be
a
felon
.
Lam.
290
,
291.
Receiver
of
an
approver
or
one
attainted
,
or
outlawed
of
felonie
,
knowing
thereof
.
Lam.
293.
To
harbour
a
felon
attainted
in
the
same
Countie
.
Dal.
252.
Cro.
43.
a.
nu.
31.
But
Lam.
293.
holdeth
it
reasonable
that
he
first
have
knowledge
of
such
a
record
.
Receiver
of
stollen
goods
,
knowing
them
to
be
stollen
.
Cro.
41.
b.
Who
not
.
A
sutour
by
word
or
writing
for
the
deliverance
of
a
felon
,
knowing
thereof
.
Lam.
289
,
290.
Dal.
251.
Pursuer
of
a
felon
for
his
own
goods
,
taketh
them
again
and
letteth
him
go
.
Lam.
289.
Dal.
253.
Lam.
290.
Fitz.
32.
b.
33.
b.
Reliever
or
receiver
of
one
bayled
for
felonie
.
Lam.
290.
Dal.
252.
Cro.
42.
b.
Buyer
of
stollen
goods
,
knowing
thereof
.
Lam.
291.
unlesse
he
receive
the
felon
.
Cro.
42.
a.
nu.
17.
Dal.
253.
The
wife
receiving
the
husband
,
knowing
him
to
be
a
felon
.
Lam.
291
,
292.
Fitz.
33.
b.
Receiver
of
the
striker
of
the
stroke
after
the
stroke
and
before
the
death
.
Lam.
292.
Felonie
by
statute
hath
accessaries
before
and
after
the
fact
,
as
a
felonie
hath
a●…
the
common
law
,
though
the
statute
speak
not
thereof
.
Lam.
285.
Lam.
286.
After
acquittall
as
principall
one
may
be
arraigned
as
accessarie
after
the
fact
,
but
not
before
the
fact
.
Lam.
292
,
557.
One
may
be
accessarie
to
an
accessarie
:
as
,
if
one
feloniously
receive
or
comfort
an
accessarie
.
Lam.
290.
Dal.
254.
Cro.
42.
b.
Lamb.
291.
Who
shall
be
said
a
Principall
.
Those
of
the
societie
of
a
felon
and
present
at
the
fact
,
though
not
actours
.
Dal.
172
,
212
,
249.
Cro.
22.
a.
nu.
10
,
15.
Stat.
40.
a.
An
abbettour
,
procurer
,
or
receiver
of
a
woman
,
knowing
her
to
be
taken
away
contrarie
to
the
statute
.
3.
H.
7.
cap.
2.
Lam.
285.
Accessarie
in
one
countie
to
a
felonie
done
in
another
countie
,
may
be
indicted
where
he
becometh
accessarie
.
2.
&
3.
Ed.
6.
24.
Dal.
52.
It
is
no
good
indictment
against
an
accessarie
to
say
that
he
received
the
goods
,
without
saying
he
received
the
felon
.
Lam.
472
,
500
,
291.
Acquittall
,
vide
Enditements
.
Additions
.
In
every
indictment
or
presentment
where
outlawry
lyeth
,
the
estate
of
degree
or
mysterie
,
the
town
,
hamlet
,
or
place
where
the
indicted
dwelleth
,
are
to
be
added
.
1.
H.
5.
cap.
5.
Lam.
488.
What
shall
be
a
good
addition
of
degree
or
estate
.
Baron
,
Knight
,
Esquire
,
Gentleman
,
Alderman
,
widow
,
single
woman
,
Dean
,
Archdeacon
,
Parson
,
Doctour
,
Clerk
,
parish-clerk
.
Lam.
461
,
471.
Lam.
489.
What
not
.
Such
as
are
common
to
many
degrees
,
as
to
Gentlemen
and
Yeomen
,
are
uncertain
,
as
farmer
,
servant
,
butler
,
chamberlain
.
Lam.
462
,
489.
What
shall
be
a
good
addition
of
mysterie
.
Chopchurch
,
merchant
,
grocer
,
mercer
,
taylour
,
broker
,
husbandman
,
hostler
,
literman
,
waterman
,
spinster
.
Lam.
462
,
489.
What
not
.
That
which
is
no
mysterie
nor
degree
,
as
citizen
;
nor
any
unlawfull
trade
,
as
extortioner
,
maintainour
,
vagabond
,
heretick
,
dicer
,
carder
,
&c.
Lam.
462.
Addition
of
degree
or
mysterie
must
be
as
the
partie
then
is
.
But
addition
of
the
place
may
be
such
whereof
he
was
.
Lam.
b.
463
,
489
,
490.
1.
Ed.
4.
2.
2.
Ed.
4.
10.
Addition
of
degree
and
mysterie
must
be
knit
to
the
proper
person
.
Lam.
462
,
489.
The
statute
of
the
1.
H.
5.
cap.
5.
of
additions
doth
not
extend
to
informations
.
What
shall
be
a
good
addition
of
place
.
Either
of
the
Town
or
parish
,
if
they
be
both
of
one
name
.
Lamb.
463
,
490.
Of
the
Town
onely
,
where
there
be
two
towns
in
one
parish
.
Lamb.
463.
Either
of
the
Town
or
Hamlet
,
if
there
be
two
hamlets
in
one
town
.
Lamb.
463.
ibid.
Lamb.
490.
Of
the
Town
,
if
the
person
be
of
a
place
known
within
the
town
.
Lamb.
463.
Lamb.
ibid.
Addition
must
comprehend
the
County
,
Town
,
or
Hamlet
,
whereof
the
party
is
or
was
.
Lamb.
462
,
490.
What
not
.
Of
the
place
whereof
he
is
person
,
without
naming
the
place
of
his
abode
.
Lamb.
463
,
430.
Affray
and
Affrayes
.
An
affray
may
be
without
word
or
blow
,
as
to
be
armed
with
armour
or
weapon
not
usually
born
.
Lamb.
118.
Dal.
28.
Lamb.
126.
Constable
or
other
officer
may
lay
no
hands
on
any
intending
to
make
an
affray
,
till
weapon
drawn
or
offer
of
blow
.
Lamb.
124.
Dal.
29.
Lamb.
132.
Vide
plus
Constable
.
Affrayer
may
be
commanded
by
the
Constable
or
other
officer
,
to
avoid
upon
pain
of
imprisonment
:
and
if
the
affray
be
great
,
they
may
make
proclamation
,
and
command
the
parties
to
prison
for
a
small
time
;
whom
he
must
deliver
without
fine
.
Lamb.
124.
Dal.
28.
Lamb.
132.
Every
private
man
present
at
an
affray
,
assault
,
or
battery
,
may
part
them
,
stay
them
that
come
to
the
affray
with
weapon
,
stay
the
affrayers
till
the
heat
be
over
,
and
then
deliver
them
to
the
Constable
;
but
may
not
commit
them
,
unlesse
one
of
the
affrayers
be
in
perill
of
death
;
and
if
he
flie
into
a
house
upon
hue
and
crye
,
break
and
open
the
house
and
take
him
.
Dal.
28.
Lamb.
130
,
131.
Cro.
146.
a.
Agnus
Dei
,
Crosses
,
Beads
,
Pictures
,
&c.
If
any
person
to
whom
any
of
these
,
or
any
other
superstitious
things
from
the
See
of
Rome
or
authoritie
thereof
be
offered
,
do
disclose
the
name
,
dwelling
,
or
place
of
resort
of
such
officer
or
deliverer
,
to
any
Iustice
of
Peace
of
the
same
shire
,
the
same
Iustice
must
within
fourteen
dayes
next
after
declare
the
same
to
some
one
of
the
Privie
Councell
on
pain
of
Premunire
.
13.
El.
cap.
2.
Dal.
80.
Vide
plus
Treason
,
Misprision
,
and
Premunire
.
Alehouses
.
Two
Iustices
,
one
being
of
the
Quorum
,
may
license
one
to
keep
a
common
Alehouse
,
taking
bond
with
good
suretie
for
good
rule
to
be
kept
in
his
house
.
5.
Ed.
6.
cap.
25.
Twelye
pence
is
given
to
the
two
Iustices
of
Peace
,
for
taking
a
recognizance
of
him
that
is
allowed
to
keep
a
common
Alehouse
.
5.
Ed.
6.
cap.
25.
Lamb.
356
,
370.
Condition
of
a
recognizance
for
an
Alehouse
.
Lamb.
344
,
354.
He
that
keepeth
an
Alehouse
of
his
own
authoritie
,
without
license
of
two
Iustices
,
one
being
of
the
Quorum
,
or
after
prohibition
of
two
such
Iustices
,
may
by
two
such
Iustices
be
committed
to
prison
for
3
dayes
without
bayl
,
and
till
he
be
bound
with
two
sureties
to
keep
none
after
-
Dal.
26.
Lamb.
340.
Vide
stat.
3.
Car.
3.
Information
of
the
offence
and
recognizance
taken
by
two
Iustices
,
one
being
of
the
Quorum
,
of
an
Alehouse
kept
against
the
statute
of
5.
Ed.
6.
cap.
15.
is
a
sufficient
conviction
without
further
tryall
at
the
Sessions
:
and
they
may
assesse
the
fine
of
20
shill.
without
making
processe
against
the
offender
.
Lamb.
539
,
552.
Lamb.
572.
Information
made
in
Sessions
,
that
an
Alehouse-keeper
hath
done
an
act
,
whereby
he
hath
forfeited
his
recognizance
,
they
may
award
processe
against
him
,
to
shew
why
he
should
not
forfeit
his
recognizance
.
Quaere
what
processe
,
Lam.
495
,
499
,
524
,
529.
Enquire
whether
Alehouse-keepers
having
forfeited
their
recognizance
,
ought
to
be
at
the
Q.
Sessions
.
5.
Ed.
6.
25.
Fines
imposed
by
the
stat.
of
.
5.
Ed.
6.
cap.
25.
concerning
Alehouses
cannot
be
altered
by
the
Justices
of
Peace
.
5.
Ed.
6.
25.
Lamb.
545
,
578.
Justices
of
Peace
must
certifie
the
recognizance
taken
for
Alehouses
at
the
next
Q.
Sessions
after
they
are
taken
,
or
lose
5
marks
.
5.
Ed.
6.
cap.
25.
Any
directly
or
indirectly
selling
Ale
or
Beer
unto
any
Alehouse-keeper
not
licensed
,
more
then
for
his
necessarie
provision
for
his
houshold
,
shall
lose
after
the
rate
of
6
shill.
8
pence
for
every
barrell
for
the
levy
and
disposall
of
the
penaltie
.
See
Victuals
.
4.
Jac.
4.
Alehouse-keeper
or
Inne-keeper
suffering
any
tipling
contrarie
to
the
2.
Jac.
cap.
9.
21.
Jac.
7.
forfeiteth
10
shill.
and
every
such
tipler
3
shill.
4.
pen
.
for
non
abilitie
of
payment
the
Alehouse-keepers
,
&c.
to
be
committed
to
the
Goale
till
the
penaltie
be
payed
,
2.
Jac.
the
tipler
to
the
stocks
for
4
houres
,
4.
Jac.
Dal.
24
,
25.
1.
Car.
4.
Justice
of
Peace
hath
power
in
those
cases
to
minister
an
oath
to
witnesses
.
1.
Jac.
9.
21.
Jac.
7.
The
Constables
and
Churchwardens
neglecting
to
levie
,
or
to
certifie
the
cause
thereof
by
20
dayes
to
the
Justice
that
granted
the
distresse
,
do
forfeit
40
shill.
in
default
thereof
to
be
sent
to
the
Goale
.
1.
Jac.
9.
Dalt
.
25.
Crom.
78.
2.
Alehouse-keepers
and
Inne-keepers
ought
to
lodge
travellers
,
Dal.
25.
1.
Alehouse-keepers
are
disabled
to
keep
Ale-house
3
yeares
if
they
suffer
tipling
.
2.
If
they
sell
not
a
quart
of
the
best
,
and
2
quarts
of
small
beer
or
ale
for
a
peny
.
3.
If
they
be
convicted
by
Indictment
at
the
Assizes
,
Sessions
,
or
Leet
,
for
being
drunk
,
4.
Jac.
10.
or
before
one
Justice
upon
oath
of
one
witnesse
,
21.
Jac.
7.
continue
drinking
in
another
Alehouse
,
7
Jac.
10.
4.
Jac.
Dal.
27.
Vide
plus
Victuallers
Confession
.
If
any
unlicensed
Alehouse-keepers
be
convicted
by
the
view
of
any
Justice
of
the
Peace
,
confession
of
the
offender
,
or
oath
of
two
witnesses
,
he
loseth
20
shill.
to
the
use
of
the
poore
of
the
parish
to
be
levied
by
way
of
distresse
by
warrant
from
the
Justice
of
Peace
convicting
,
and
within
3
dayes
to
be
sold
,
3.
Car.
3.
Where
there
is
no
sufficient
distresse
or
non
payment
,
within
six
dayes
after
conviction
,
the
offender
is
to
be
openly
whipped
as
the
Justice
of
Peace
shall
limit
,
3.
Car.
3.
The
Officer
refusing
or
neglecting
to
execute
the
Justice
his
precept
,
is
to
be
committed
to
the
Goale
untill
he
do
or
procure
the
offender
to
be
whipped
or
pay
40
shill.
to
the
use
of
the
poore
of
the
said
parish
,
3.
Car.
3.
The
second
offence
is
commitment
to
the
house
of
Correction
for
a
moneth
,
ibid.
The
third
offence
is
to
remain
in
the
house
of
Correction
till
he
be
delivered
at
the
generall
Sessions
,
ibid.
He
that
is
punished
by
the
act
3.
Car.
3.
not
to
be
punished
by
the
statute
,
5.
Ed.
6.
25.
Alias
dictus
,
vide
Enditement
.
Alien
and
his
triall
,
vide
Triall
.
Alleagiance
,
vide
Supremacie
.
Amerciaments
.
The
owner
of
a
beast
,
knowing
it
to
be
harmfull
and
not
restraining
it
,
whereby
it
killeth
one
,
is
to
be
arraigned
for
his
death
and
amerced
for
the
King
.
Lamb.
239.
Dal.
210.
Cro.
24.
6.
Offenders
in
gathering
more
amerciaments
then
are
in
their
lawfull
estreats
,
to
be
convicted
by
two
Justices
,
one
to
be
of
the
Quorum
,
appointed
by
the
Custos
Rotulorum
,
or
in
his
absence
by
the
eldest
of
the
Quorum
for
the
oversight
of
the
Sheriffes
.
11.
Hen.
7.
cap.
15.
Estreats
of
amerciaments
must
be
by
Indenture
between
the
two
Justices
(
appointed
for
oversight
of
Sheriffes
books
)
and
the
Sheriffe
or
Under-Sheriffe
under
their
seals
,
or
else
the
Sheriffe
to
lose
40
shill.
11.
Hen.
7.
cap.
15.
No
amerciament
for
default
of
appearance
when
the
Sessions
are
not
summoned
by
precept
.
Lam.
381.
or
when
the
summons
is
at
one
place
,
and
kept
at
another
.
Or
when
the
Sessions
were
the
same
time
at
two
places
,
and
the
partie
appeared
at
one
of
them
.
384.
One
Justice
of
Peace
cannot
amerce
his
fellow
for
absence
from
the
Sessions
;
but
a
Justice
of
Assize
may
amerce
a
Justice
of
Peace
for
his
absence
from
the
Goale-deliverie
.
Lam.
385.
Clerk
of
the
Peace
,
Coronours
,
Sheriffes
,
Bayliffes
of
Franchises
,
Constables
of
Hundreds
,
may
be
amerced
for
default
of
appearance
at
Sessions
.
Lam.
395.
Amerciaments
of
Jurours
for
concealment
,
vide
Jurours
.
Lam.
400
,
401.
Appearance
.
Recognizance
taken
for
the
Peace
against
all
the
Kings
people
,
and
to
appeare
at
the
next
Sessions
by
Supersedeas
out
of
the
Chancerie
,
testifying
suretie
found
there
against
all
the
Kings
people
for
ever
,
will
discharge
the
appearance
of
the
next
Quarter
Sessions
.
Otherwise
it
is
,
if
it
be
but
untill
a
day
certain
.
Lam.
106
,
107.
Dal.
140
,
141.
Who
shall
be
amerced
for
default
of
appearance
and
who
not
,
vide
Amerciaments
,
vide
Release
.
Apparell
,
stat.
repealed
.
Appeachment
,
vide
Approvers
.
Appeal
.
Iustice
of
Peace
can
take
no
appeal
of
any
felonie
.
Appeal
of
robberie
,
vide
Attainder
.
Apprentices
.
One
thought
fit
to
be
bound
as
an
Apprentice
upon
complaint
made
,
and
refusing
to
be
bound
,
shall
be
committed
till
he
will
be
bound
.
5.
Elis
.
4.
Dal.
59.
Upon
complaint
of
an
apprentice
one
Justice
may
take
order
betwixt
his
master
and
him
,
and
for
want
of
conformitie
in
the
master
,
may
binde
him
to
appeare
at
the
Quarter
Sessions
.
Dal.
59.
and
to
be
discharged
by
foure
Justices
.
If
default
be
in
the
apprentice
,
it
seemeth
one
Justice
may
send
him
to
the
house
of
correction
.
Dal.
60.
Assent
of
two
Justices
is
sufficient
to
the
Church-wardens
or
overseers
,
or
the
most
of
them
,
to
binde
as
apprentices
the
sonnes
of
poore
parents
till
24
yeares
of
age
,
or
their
daughters
till
21
yeares
of
age
.
39
Elis
.
3.
Lam.
327.
43
Elis
.
2.
Dal.
63.
Lam.
331.
Disposition
of
money
given
for
putting
forth
apprentices
,
and
the
nomination
and
placing
of
them
must
be
by
corporation
,
and
in
towns
not
corporate
by
the
Parson
or
Vicar
,
Constable
,
Churchwarden
and
Overseers
for
the
time
being
,
or
most
part
of
them
,
the
same
to
be
according
to
the
will
of
the
giver
:
And
any
of
the
disposers
forbearing
and
refusing
to
dispose
of
the
money
,
whereby
it
is
not
disposed
,
shall
lose
3
pounds
6
shillings
8
pence
,
one
moytie
to
the
poore
of
the
parish
,
the
other
to
the
informer
.
7.
Jac.
3.
Disposers
of
such
money
given
for
apprentices
,
are
to
take
bond
with
two
sureties
of
such
master
or
masters
,
for
such
money
as
they
shall
so
receive
,
for
the
repaiment
thereof
at
the
end
of
seven
yeares
,
or
3
moneths
after
.
7.
Jac.
3.
Or
if
the
apprentice
die
within
7
yeares
,
then
to
repay
the
money
within
one
yeare
after
such
master
or
masters
death
.
7.
Jac.
3.
The
master
or
masters
dying
within
7
yeares
,
the
disposers
are
with
the
said
money
to
put
out
the
said
apprentice
to
some
of
the
said
trade
,
to
serve
out
the
residue
of
his
7
yeares
.
7.
Jac.
8.
Money
given
for
putting
forth
apprentices
is
to
be
disposed
within
three
moneths
after
receipt
.
Ibid.
None
above
15
yeares
old
are
to
be
placed
by
the
disposers
,
and
those
to
be
of
the
poorer
sort
;
and
for
want
of
such
they
may
choose
others
of
the
parish
next
adjoyning
.
Ibid.
Disposers
of
money
for
apprentices
are
to
accompt
before
two
Justices
next
adjoyning
yearely
in
Easter
week
,
or
within
●
moneth
after
:
and
within
20
dayes
after
such
accompt
made
,
must
deliver
all
such
money
and
bonds
remaining
in
their
hands
.
Ibid.
Breakers
of
trust
for
disposing
money
given
for
apprentices
,
are
to
be
examined
and
redressed
by
Commission
out
of
Chancerie
returnable
within
three
moneths
,
and
the
partie
grieved
by
an
act
of
the
Commissioners
is
to
be
relieved
upon
his
Bill
in
Chancery
.
7.
Jac.
3.
Certificate
to
the
head-officer
of
citie
or
borough
,
that
the
parents
of
an
apprentice
to
a
merchant
,
mercer
,
draper
,
goldsmith
,
ironmonger
,
embroyderer
,
or
clothier
,
may
dispend
40
shill.
freehold
,
must
be
under
the
hands
and
seals
of
three
Justices
where
the
land
lieth
.
5.
Elis
.
cap.
4.
Apprentice
is
to
be
discharged
by
foure
Justices
in
open
Sessions
.
Dal.
60.
The
discharge
of
an
apprentice
is
to
be
inrolled
by
the
clerk
of
the
Peace
.
5.
Elis
.
4.
Vide
plus
Labourers
.
A
master
putteth
his
apprentice
into
apparell
,
he
cannot
take
it
away
though
he
part
with
his
apprentice
.
Dal.
93.
edit.
1626.
Approvers
or
Appeachers
.
Goaler
,
keeper
,
or
under-keeper
by
pain
compelleth
his
prisoner
to
become
an
appeacher
of
others
,
it
is
felonie
.
14.
E.
3.
cap.
10.
Justice
of
Peace
can
take
no
appeal
of
an
approver
.
Dal.
276.
Lam.
550.
One
felon
accuseth
another
before
the
Justice
of
Peace
;
they
may
take
his
confession
and
reprieve
him
,
and
so
proceed
against
the
other
.
Lam.
551.
Archerie
.
The
statute
of
Bowes
is
not
repealed
.
Armour
.
Any
(
except
the
kings
officers
and
their
companie
doing
their
service
)
riding
or
going
armed
,
or
bringing
forth
in
affray
of
the
people
,
are
to
be
imprisoned
and
lose
their
armour
.
2.
Elis.
3.
cap.
3.
Dal.
30.
Cro.
76.
a.
Justices
of
the
Peace
not
looking
to
the
execution
of
the
statute
of
fearing
the
countrey
with
going
or
riding
armed
,
upon
inquirie
by
the
Iudges
of
Assize
are
to
be
by
them
punished
.
2.
E.
3.
cap.
3.
The
counterpart
of
the
indenture
of
armour
to
be
kept
by
the
clerk
of
the
Peace
.
4
&
5
Ph.
&
M.
The
statute
4
&
5
Phil.
&
Mary
concerning
keeping
of
horses
and
armour
,
with
the
penalties
thereof
,
are
repealed
.
1.
Jac.
25.
Armour
and
munition
of
a
Recusant
convicted
,
being
in
his
own
possession
,
or
at
his
dispose
,
other
then
such
as
shall
be
thought
meet
for
the
defence
of
his
person
and
house
,
by
warrant
of
foure
Iustices
at
the
Quarter
Sessions
are
to
be
seised
and
kept
at
such
place
as
the
foure
Iustices
at
the
Sessions
shall
appoint
,
at
the
cost
of
the
owners
;
and
they
concealing
or
disturbing
the
deliverie
of
it
,
lose
the
armour
and
munition
,
and
by
warrant
from
any
Iustice
of
Peace
,
to
be
imprisoned
three
moneths
without
bail
.
3.
Jac.
5.
Recusant
having
his
armour
seised
,
is
to
be
charged
with
such
armour
and
horse
,
as
he
and
others
of
his
Majesties
subjects
shall
be
commanded
to
serve
with
at
musters
.
3.
Jac.
5.
Any
Iustice
of
Peace
may
arrest
any
(
except
the
Kings
officers
,
and
such
as
do
him
service
)
that
go
armed
,
and
binde
them
to
the
peace
,
o●
good
behaviour
.
Dal.
30.
Crom.
76.
a.
Lam.
of
Const.
13.
A
Iustice
of
peace
may
cause
weapons
to
be
taken
from
prisoners
brought
before
him
.
Dal.
30.
No
servant
in
husbandry
,
artificer
,
victualler
,
or
labourer
,
shall
wear
sword
or
dagger
.
15.
H.
2.
Dal.
30.
Cro.
76.
Arrests
.
An
arrest
is
a
certain
restraint
of
a
mans
person
,
depriving
it
of
its
own
will
and
liberty
,
and
binding
it
to
become
obedient
to
the
will
of
the
law
.
Dal.
294.
Lamb.
87.
Lamb.
93.
All
lay
persons
under
the
degree
of
a
Baron
or
Peer
of
the
realm
,
are
subject
to
an
arrest
.
Lamb.
88.
Lamb.
93.
Dal.
131
,
294.
Ecclesiasticall
persons
not
attendant
upon
divine
service
,
may
be
arrested
for
the
peace
.
Lamb.
ibid.
Lamb.
ibid.
Constable
,
or
Iustice
of
peace
coming
to
arrest
an
affrayer
,
if
he
flie
into
another
house
,
they
may
in
fresh
suit
break
open
the
doore
and
take
him
so
,
if
he
flie
into
another
County
.
Lamb.
134.
All
that
come
to
the
Sessions
for
publick
service
or
upon
compulsion
,
upon
complaint
and
examination
of
the
matter
by
oath
,
shall
be
freed
from
any
arrest
upon
originall
processe
.
Lam.
402.
Bayliffe
taking
above
4
pence
for
any
arrest
,
shall
forfeit
40
shill.
23.
H.
6.
cap.
10.
Arrest
of
Riotters
,
vide
Riot
.
Arrest
,
vide
Sheriffe
,
vide
Prison
.
The
officer
ought
to
require
the
party
to
come
and
finde
surety
of
the
peace
,
before
he
arrest
him
,
by
the
opinion
of
5.
Ed.
4.
15.
Lamb.
85.
Lamb.
90.
If
one
required
by
the
officer
upon
warrant
to
finde
surety
of
the
peace
,
refuse
,
the
officer
by
vertue
of
his
warrant
may
convey
him
to
prison
.
Lamb.
86
,
88.
Lamb.
92.
Dal.
138.
All
are
subject
to
arrest
under
the
degree
of
Barons
or
Peeres
of
the
realm
.
Dal.
294.
Lamb.
93.
A
Constable
taking
an
affrayer
may
not
imprison
him
in
his
house
,
but
in
the
stocks
.
Lamb.
133.
Arraignement
.
Arraignement
is
commonly
a
compulsory
coming
of
one
indicted
of
a
matter
touching
life
or
such
haynous
offence
,
and
a
pleading
not
guilty
.
Lamb.
546
,
517.
One
coming
in
freely
,
and
indicted
of
an
inferiour
offence
,
may
be
arraigned
.
Lamb.
547.
One
arraigned
of
felony
,
if
his
case
will
serve
,
may
plead
a
justification
or
matter
in
law
.
Lamb.
547.
Artificers
,
vide
Labourers
.
Assault
.
Assault
cannot
be
made
without
the
offer
of
some
hurtfull
blow
,
or
at
least
of
some
fearfull
speech
.
Lamb.
119.
Lamb.
126.
To
rebuke
a
collectour
with
foul
words
,
so
that
he
depart
with
fear
without
doing
his
office
,
was
taken
for
an
assault
.
Lamb.
ibid.
To
strike
at
a
man
,
although
he
were
neither
hurt
nor
hit
with
the
blow
,
is
an
assault
.
Lamb.
ibid.
Maker
of
an
assault
,
battery
,
or
other
trespasse
upon
the
body
of
another
,
is
to
be
fined
.
Lamb.
Servant
or
workman
convicted
by
confession
of
two
witnesses
,
before
two
Justices
of
Peace
,
of
maliciously
assuulting
Master
,
Dame
,
or
Overseer
,
is
to
be
imprisoned
a
yeare
,
and
any
other
corporall
punishment
saving
life
and
member
.
5.
El.
cap.
4.
&
5
Dal.
61.
Cro.
84.
a.
If
another
assault
me
,
if
I
may
escape
with
my
life
,
it
is
not
lawfull
for
me
to
beat
the
other
.
Dal.
204.
An
attempt
is
made
to
beat
a
man
,
his
wife
,
father
,
or
mother
,
or
any
of
his
children
within
age
;
he
may
lawfully
use
force
to
resist
it
,
and
may
justifie
the
beating
of
the
other
.
Dal.
151.
Dal.
205.
Yet
by
opinion
of
Elyot
.
12.
H.
8.
fo.
2.
6.
it
is
not
lawfull
,
except
there
be
such
perill
as
another
is
like
to
perish
if
there
be
no
help
.
Dal.
205.
Edit.
1626.
Assemblie
lawfull
,
vide
Unlawfull
assemblie
.
Assize
of
Bread
and
Beere
.
Any
Brewer
,
or
Baker
,
or
Tipler
,
breaking
the
Assize
of
Bread
and
Ale
,
to
be
fined
.
13.
R.
2.
&
8.
Lam.
435
,
459.
Any
officer
taking
fine
for
breach
of
the
Assize
of
Bread
and
Ale
,
where
there
ought
to
be
a
corporall
punishment
,
is
to
be
fined
.
13.
R.
1.
2.
8.
c.
Attainder
.
One
attainted
of
felonie
may
be
arraigned
for
treason
committed
before
or
after
the
attainder
.
Lam.
557
,
558.
One
attainted
upon
an
appeal
of
robbery
,
may
be
arraigned
upon
an
appeal
of
robbery
at
anothers
suit
.
Lam.
558.
One
attainted
of
felonie
by
standing
mute
,
may
after
be
arraigned
of
another
felonie
.
Lam.
558.
One
attainted
of
felonie
cannot
after
be
arraigned
of
another
felonie
so
long
as
the
first
is
unpardoned
,
unlesse
it
be
in
the
cases
before
.
Lam.
557.
After
the
attainder
the
felons
grant
of
goods
or
lands
bindeth
all
persons
,
except
the
land-lord
to
whom
the
escheat
.
Dal.
258.
Indictment
is
when
an
offence
is
found
by
the
great
inquest
,
or
other
jury
of
inquirie
.
Conviction
is
when
the
offender
is
found
guiltie
by
a
second
jury
,
having
put
himself
to
tryall
.
Attainder
is
when
after
such
conviction
judgement
is
given
against
the
offender
.
Dalt
.
295.
Await
lying
,
vide
Way-lying
.
Averments
.
No
man
shall
be
received
to
averre
or
speak
against
a
record
.
Lam.
60.
Badgers
and
Drovers
.
LIcense
to
badgers
and
drovers
and
loaders
of
corn
must
be
in
open
Sessions
,
and
there
regictred
and
kept
by
the
clerk
of
the
Peace
.
5.
Elis
.
cap.
12.
Lam
610.
Offences
against
the
statute
of
badgers
and
drovers
,
may
be
enquired
of
aswell
by
examination
of
witnesses
,
as
by
presentment
.
5.
Elis
.
cap.
12.
The
forfeiture
due
to
the
informer
upon
the
statute
of
badgers
and
drovers
,
is
to
be
levied
by
Fieri
facias
,
or
Capias
awarded
by
the
Justices
of
Peace
.
5.
Elis
.
cap.
12.
Baylment
.
Baylment
,
Mainprise
,
or
Replevin
,
is
the
saving
or
delivering
a
man
out
of
prison
before
he
hath
satisfied
the
law
;
so
by
finding
sureties
to
answer
and
to
be
justified
by
the
law
.
Dal.
269.
Lam.
330.
Lam.
340.
He
that
is
bayled
is
delivered
into
his
sucetics
hands
to
be
kept
.
Dal.
269.
Cro.
152.
b.
Stam.
65.
a.
If
the
sureties
doubt
the
escape
of
the
prisoner
bayled
,
a
Justice
of
Peace
upon
prayer
may
discharge
the
sureties
and
commit
the
partie
to
prison
.
Dal.
269.
Cro.
153.
a.
157.
a.
A
Justice
of
Peace
may
cause
the
bayled
to
finde
better
sureties
.
Dal.
269.
Cro.
152.
b.
It
is
requisite
to
take
two
subsidie
men
for
bayl
,
especially
if
it
be
for
felonie
or
suspicion
thereof
.
Dal.
ibid.
To
detain
a
prisoner
that
is
baylable
,
is
fineable
.
Dal.
270.
To
bayl
one
not
baylable
is
a
negligent
escape
.
Dal.
270.
Justice
of
Peace
bayling
contrary
to
the
law
,
or
not
certifying
the
bayl
and
examination
of
the
felon
,
is
fineable
by
the
Iustice
of
Goal-delivery
.
Lam.
345.
1.
&
2.
P.
&
M.
13.
Dal.
271.
Cro.
167.
Lam.
335.
Where
one
is
baylable
,
he
must
offer
sureties
.
Dal.
272.
For
what
offences
a
man
is
not
baylable
by
a
Justice
of
Peace
by
the
statute
of
W.
3.
Ed.
1.
15.
Cro.
156.
a.
Lam.
345.
1
Abjured
the
realm
.
Dal.
273.
2
Approver
or
appellour
.
ibid.
3
Appealed
by
an
approver
.
ibid.
4
Burning
a
house
foloniously
.
ibid.
5
Excommunicat
,
taken
at
the
Bishops
request
.
ibid.
6
Felon
taken
with
the
manner
.
ibid.
7
A
known
thief
and
defamed
.
ibid.
8
Outlawed
.
ibid.
9
Prison-breaker
.
ibid.
10
Traytour
to
the
King
himself
.
ibid.
11
Falsifier
of
the
Kings
money
.
Dal.
274.
12
Counterfeiter
of
the
seal
.
ibid.
13
Attainted
or
convicted
of
felonie
.
ibid.
14
Accessarie
to
two
felonies
,
if
one
principall
be
attainted
.
Dal.
275.
15
Death
of
man
,
if
he
be
principall
.
ibid.
16
Taken
upon
proces
of
rebellion
issuing
our
of
Chancerie
or
Starchamber
.
Dal.
276.
Lam.
347.
17
Arrested
by
proces
,
writ
,
bill
,
or
warrant
in
an
action
personall
.
ibid.
18
Persons
convicted
of
felonie
,
praying
Clergie
and
reprieved
.
Dal.
274.
Cro.
154.
a.
For
what
offences
a
man
is
not
baylable
by
a
Justice
of
Peace
.
A
Justice
of
Peace
is
not
to
bayl
but
in
causes
which
he
may
heare
and
determine
.
Dal.
276.
Lam.
340.
Murder
or
any
other
homicide
.
Dal.
272.
Confessing
the
fault
of
manslaughter
.
ibid.
Lam.
34.
Taken
in
the
manner
for
killing
.
ibid.
Known
to
have
killed
a
man
.
By
the
King
or
his
privie
Councell
.
27●
.
By
the
absolute
,
not
ordinarie
command
of
the
Kings
Justices
.
ibid.
For
trespasses
in
the
forrest
.
West
.
1.
cap.
15
Confessing
the
felonie
whereof
he
is
accused
.
Imprisoned
for
suretie
of
the
Peace
.
23.
Hen.
6.
Lam.
346.
Speciall
commandment
of
any
Justice
.
23.
H.
6.
Lam.
ibid.
Where
Baylment
is
taken
away
by
statute
,
vide
Dal.
276.
Lam.
340.
Lam.
349.
For
what
offences
a
man
is
baylable
.
Taken
for
light
suspicion
.
Dal.
274.
Indicted
of
pettie
larcerie
,
not
being
formerly
guiltie
of
another
.
ibid.
Charged
,
1
With
the
receipt
of
thieves
,
of
felons
.
Dal.
275.
2
Of
commanding
force
or
aid
.
ibid.
3
With
the
trespasse
that
toucheth
not
losse
of
life
or
member
.
Dal.
275.
west
.
1
15.
if
not
prohibited
by
some
latter
statute
appealed
by
an
Approver
being
no
common
thief
,
nor
defamed
after
the
death
of
the
Approver
.
Dal.
276.
Indictment
of
manslaughter
and
acquitted
.
Lam.
347.
Arrested
by
force
of
any
writ
,
bill
,
or
warrant
in
any
action
personall
,
or
upon
any
indictment
of
trespasse
.
Dal.
276.
Acquitted
of
murder
or
manslaughter
at
the
Kings
suit
,
baylable
during
the
yeare
.
3.
H.
7.
cap.
1.
Lam.
347.
Imprisoned
by
proces
out
of
the
Sessions
upon
penall
laws
not
forbidding
bayl
,
baylable
out
of
the
Sessions
by
two
Justices
,
one
being
of
the
Quorum
.
Dal.
275.
Lam.
348.
Accused
of
homicides
which
are
not
felonie
.
Accessarie
to
felonies
.
Dal.
275.
If
they
be
found
of
good
same
untill
the
principall
be
convicted
or
attainted
:
but
after
the
principall
is
attainted
he
is
not
baylable
,
except
he
plead
not
guiltie
or
other
plea.
Dal.
ibid.
Principall
in
burglarie
.
Dal.
ibid.
Principall
in
an
indictment
of
robbery
.
Dal.
ibid
Principall
in
an
appeal
of
robberie
.
Dal.
ibid.
Attached
by
Sessions
proces
upon
indictment
of
trespasse
,
may
be
bayled
by
one
Justice
of
Peace
to
appeare
at
the
day
to
answer
the
indictment
,
and
may
make
his
supersedeas
cap.
indict
.
and
so
of
the
exigent
.
Dal.
276.
In
every
baylment
which
must
be
by
two
Justices
,
one
of
them
being
of
the
Quorum
,
the
Justices
must
be
present
together
at
the
time
of
the
baylment
,
who
before
bayl
taken
must
examine
the
prisoners
,
and
receive
the
information
of
them
that
bring
them
:
all
which
with
the
baylment
they
must
put
in
writing
,
signed
or
subscribed
with
their
own
hands
,
and
certified
at
the
next
Goale-deliverie
to
be
holden
in
the
countie
.
1
and
2.
P.
&
M.
cap.
13.
Dal.
259
,
271.
The
said
Justices
have
authoritie
to
binde
all
persons
that
can
evidence
,
to
appeare
the
next
Goale-deliverie
to
give
evidence
against
the
partie
at
the
time
of
his
triall
.
Dal.
259.
Some
stat.
not
onely
take
bayl
from
the
offenders
thereof
upon
their
solemne
conviction
after
judgement
,
but
also
upon
the
record
of
one
or
two
Justices
,
or
by
examination
or
proof
of
witnesses
,
or
other
such
private
triall
had
before
them
.
Lam.
349.
for
the
form
of
baylment
.
31.
Lam.
252.
Dal.
34.
The
form
of
the
liberate
.
ibid.
Bayliffes
.
Bayliffe
is
punishable
in
false
imprisonment
,
if
he
compell
the
partie
to
go
before
any
other
Iustice
then
he
chuseth
.
Lam.
89.
But
now
the
law
is
adjudged
to
be
,
that
the
Bayliffe
or
Constable
shall
chuse
the
Iustice
.
Dal.
138.
and
Cook
5.
19.
6.
Fosters
case
.
As
the
Bayliffe
may
not
compell
him
that
is
arrested
for
suretie
of
the
Peace
,
to
go
before
him
that
granted
the
warrant
:
so
it
is
not
reasonable
that
the
Bayliffe
shall
be
drawn
out
of
the
division
and
limit
where
they
both
dwell
.
Lam.
89
,
90
,
95.
Dal.
138.
A
Bayliffe
arrests
a
man
without
a
warrant
for
the
Peace
,
and
afterwards
procures
one
,
he
is
punishable
in
false
imprisonment
.
Dal.
291
,
295.
Lam.
85.
Cro.
149.
a.
Lam.
90.
A
Bayliffe
arrests
one
by
warrant
for
the
Peace
,
the
Iustice
will
not
binde
the
partie
,
no
action
lieth
against
the
Bayliffe
.
Dal.
1.
Lam.
85
,
91.
Two
Iustices
of
Peace
,
one
being
of
the
Quorum
,
may
give
unto
the
Bayliffes
of
Franchises
before
they
exercise
their
offices
,
the
oathes
of
1.
Elis
.
of
supremacle
.
and
17.
Elis
.
touching
their
offices
.
27.
Elis
.
cap.
12.
Bayliffe
taking
above
4
pence
for
an
arrest
,
is
to
forfeit
40
shill.
23.
Hen.
6.
Bayliffe
of
the
hundred
that
executeth
not
a
warrant
against
any
default
in
the
Sheriffes
court
,
shall
lose
40
shill.
11.
Hen.
7.
cap.
15
,
Vide
plus
Warrants
.
Bakers
,
Vide
Assize
of
Bread
.
Barrettour
.
A
common
Barrettour
is
he
who
is
either
a
common
mover
,
stirrer
up
,
or
maintainer
of
suits
in
laws
in
any
court
,
or
quarrells
in
the
countrey
,
Dal.
31.
Lam.
41.
Cro.
84.
and
is
to
be
bound
to
his
good
behaviour
and
imprisoned
.
Lam.
418
,
440.
Vide
plus
Dal.
31.
Cook
8.
36.
Bargain
and
Sale
,
vide
Inrolment
.
Bark
of
Trees
,
vide
Leather
.
Bastardie
.
Two
Justices
of
Peace
,
one
being
of
Quorum
,
in
or
next
to
the
parish
,
where
a
bastard
left
to
the
charge
of
the
parish
,
or
likely
to
be
chargeable
,
is
born
,
are
to
take
order
for
the
relief
of
the
parish
,
keeping
of
the
childe
,
and
punishment
of
the
reputed
father
and
mother
.
18.
Eliz.
3.
7.
Jac.
cap.
4.
Dal.
31.
The
reputed
father
and
mother
not
performing
the
order
set
down
by
two
such
Justices
,
the
delinquent
is
to
be
sent
to
the
Goale
without
bayl
,
except
they
put
in
sureties
to
perform
the
order
,
or
appeare
at
the
next
generall
Sessions
of
the
Peace
.
Dal.
32.
All
Justices
of
Peace
in
their
severall
limits
,
and
in
their
Quarter
Sessions
may
do
all
things
concerning
the
statute
,
18.
Eliz.
for
Bastardy
,
which
is
limited
to
the
Justices
of
Peace
in
severall
counties
.
3.
Car.
4.
Reputed
father
to
be
bound
in
the
good
behaviour
till
the
childe
be
born
.
Dal.
31.
Vide
plus
House
of
Correction
.
If
the
putative
father
shall
either
before
or
after
the
birth
of
the
childe
,
by
practise
of
any
other
,
convey
himself
away
,
or
cause
the
mother
to
runne
or
leave
her
childe
,
such
may
be
bound
over
to
the
next
Good-delivery
or
Quarter
Sessions
.
Dal.
36.
Edit.
1626.
Battery
lawfull
,
vide
Ryot
,
Assault
,
Breach
of
the
Peace
.
Bath
&
Buxton
,
vide
License
.
Bawdery
.
Bawdery
is
not
meerly
a
spirituall
offence
,
but
mixeth
and
soundeth
somewhat
against
the
peace
.
Dal.
160.
Lamb.
112.
Lamb.
119.
A
Constable
,
upon
information
that
a
woman
is
in
adultery
or
fornication
with
a
man
,
or
that
a
man
and
a
woman
of
ill
report
,
are
gone
to
a
suspected
house
in
the
night
,
may
take
company
with
him
;
and
if
he
finde
them
so
,
he
may
carry
them
to
prison
or
to
a
Justice
,
to
be
bound
to
their
good
behaviour
.
Dal.
160.
Resorters
to
bawdy-houses
are
to
be
bound
to
their
good
behaviour
.
Dal.
ibid.
Keepers
of
bawdy-houses
are
to
be
bound
to
their
good
behaviour
.
Dal.
ibid.
Bearewards
,
vide
License
.
Beere
and
Beere-brewers
,
vide
Victuallers
.
Beggers
,
vide
Rogues
and
poore
people
.
Blockwood
,
vide
Logwood
.
Bloudshed
.
Presentment
of
bloudshed
found
in
the
Sheriffes
turn
and
sent
to
the
Justices
of
Peace
,
can
neither
be
traversed
before
the
Justices
of
Peace
nor
at
the
Sheriffes
turn
.
Bonds
,
vide
Recognizances
.
Bowyers
.
The
statute
not
repealed
of
33.
H.
8
,
9.
Brasse
and
Pewter
.
Brasier
nor
Pewterer
may
exchange
or
sell
any
brasse
or
pewter
,
but
in
open
market
or
faire
,
or
in
his
house
,
unlesse
upon
request
of
the
buyer
,
on
pain
of
10
pounds
for
each
offence
.
19.
H.
7.
cap.
6.
4.
H.
8.
7.
and
inquirable
at
the
Sessions
.
Lamb.
621.
All
working
hollow
wares
of
other
lay
metall
then
according
to
the
assize
of
the
lay
metall
wrought
in
London
,
or
not
setling
their
seal
on
,
lose
the
wares
.
Searchers
of
brasse
and
pewter
must
be
appointed
by
the
Justice
of
Peace
at
Michaelmas
Sessions
.
19.
H.
7.
6.
4.
H.
8.
Lamb.
622.
Breach
of
the
Peace
or
good
behaviour
.
What
shall
be
accounted
a
breach
of
the
Peace
.
To
threaten
one
to
his
face
to
beat
him
at
whose
suit
he
was
bound
.
Lamb.
108.
Dal.
148.
Cro.
136.
or
in
his
absence
,
if
he
after
lie
inwait
to
do
it
.
ibid.
Lamb.
115.
To
command
or
procure
one
to
do
any
unlawfull
act
against
the
peace
,
if
it
after
be
done
.
Menacings
,
assrayes
,
assaults
,
injurious
and
violent
handlings
and
intreatings
,
battery
,
and
malicious
strikings
,
imprisonment
without
warrant
,
to
thrust
one
into
the
water
to
endanger
him
,
to
ravish
a
woman
,
to
commit
felony
or
treason
.
Dal.
148.
Lamb.
119.
Lamb.
127.
A
Farmer
,
Tenant
,
or
Commoner
,
by
threats
or
blowes
to
repulse
violence
offered
his
land-lord
or
maior
.
Dal.
151.
Lamb.
121.
Lamb.
129.
What
act
soever
is
a
breach
of
the
Peace
,
the
doing
thereof
doth
beget
a
forfeiture
of
the
recognizance
,
made
for
keeping
of
the
Peace
.
Lamb.
108.
Dal.
148.
Lamb.
114.
What
not
.
In
his
absence
to
threaten
to
beat
him
,
at
whose
suit
he
was
bound
to
the
Peace
.
Dal.
148.
Threats
or
moderate
correction
of
the
Master
,
Schoolmaster
,
Goaler
;
to
those
under
their
command
,
of
Parents
to
the
childe
within
age
,
of
the
Lord
to
his
villam
.
Dal.
148.
Lamb.
127.
To
beat
with
rods
a
kinsman
that
is
mad
,
to
the
end
to
reclaym
him
.
Dal.
149
,
150.
Lamb.
128.
Constable
,
officer
,
or
any
of
their
company
,
to
itrike
any
for
better
execution
of
their
office
.
Dal.
150.
Lamb.
128.
By
threats
or
blowes
to
repulse
violence
offered
to
ones
own
person
,
wife
,
father
,
mother
,
childe
,
master
.
Dal.
151.
Preservation
of
his
own
goods
.
Ibid.
Lamb.
129.
and
Corm
.
136.
b.
affirm
that
the
Master
may
beat
him
that
doth
assault
or
beat
his
servant
:
but
Dal.
maketh
a
quaere
of
it
,
and
that
a
Master
may
onely
with
sword
or
staffe
defend
him
.
151.
Pax
Reg.
5.
To
kill
or
hurt
one
at
fence
,
play
,
tilt
,
Turnament
,
or
Barriers
in
the
Kings
presence
,
or
by
his
command
De
val
.
Dal.
151.
Lamb.
129.
To
take
ones
goods
wrongfully
,
if
not
from
his
person
,
Lamb.
130.
Dal.
152.
is
no
forfeiture
of
his
recognizance
.
So
to
take
away
anothers
ward
.
Dal.
ibid.
Lamb.
ibid.
To
trespasse
in
anothers
corn
or
grasse
.
ibid.
Trespasse
lyeth
at
the
Common
Law
,
for
threatning
to
beat
one
.
Vide
plus
Forfeiture
.
It
is
no
breach
of
the
Peace
for
a
private
man
to
strike
or
wound
another
in
defence
of
his
own
person
from
beating
,
wounding
,
or
killing
:
but
if
he
may
escape
with
his
life
,
without
being
wounded
,
maimed
,
or
hurt
,
it
is
not
lawfull
,
except
he
first
flie
as
farre
as
he
can
.
Dal.
150.
Cro.
137.
To
take
a
dog
of
any
kinde
,
or
other
thing
of
pleasure
from
the
person
of
another
,
or
in
his
presence
with
force
or
violence
,
amounteth
to
a
breach
of
the
Peace
.
Dal.
164.
edit.
1626.
Brewers
,
vide
Victualers
.
Bridges
.
A
man
voluntarily
maketh
or
amendeth
a
bridge
,
he
is
not
compellable
to
do
the
same
again
,
unlesse
he
and
his
ancestours
have
used
so
to
do
time
out
of
minde
.
Dal.
34.
Cro.
186.
a
b.
It
being
not
known
who
or
what
land
is
chargeable
with
the
repairing
of
a
decayed
bridge
,
foure
Iustices
,
one
being
of
the
Quorum
,
may
tax
the
inhabitants
and
make
collectours
and
overseers
for
the
repairing
of
it
.
22.
Hen.
8.
cap.
5.
Dal.
39.
edit.
1626.
Justice
of
Peace
,
where
a
decayed
bridge
is
,
may
award
processe
in
the
Countie
where
the
partie
or
land
chargeable
is
.
22.
Hen.
8.
5.
A
bridge
lying
in
a
corporation
,
the
hundred
shall
not
be
charged
therewith
;
&
è
converso
.
Dal.
40.
edit.
1626.
A
bridge
lying
in
two
severall
Counties
,
either
must
repair
his
part
.
Dal.
40.
Buckstalls
.
One
suspected
to
have
offended
against
the
statute
,
19
Hen.
7.
cap.
11.
of
deer-hayes
,
and
buckstalls
,
&c.
is
to
be
examined
by
two
Iustices
of
Q.
Sessions
,
and
being
convicted
by
his
own
examination
onely
,
is
to
be
imprisoned
till
he
finde
suretie
for
the
forfeiture
.
19.
Hen.
7.
11.
Lam.
535
,
630.
the
tenth
part
whereof
the
Iustice
examining
shall
have
.
ibid.
Buggerie
.
The
sinne
of
buggerie
with
a
man
or
beast
,
is
felonie
.
25.
Hen.
8.
cap.
16.
5.
Elis
.
17.
Lam.
227
,
256
,
421.
Bull
from
Rome
,
vide
Treasons
.
Burglarie
.
Burglarie
is
when
one
or
two
in
the
night
time
do
break
a
dwelling
house
,
or
a
Church
,
or
the
walls
or
gates
of
a
citie
or
walled
town
,
with
an
intent
to
do
felonie
,
albeit
they
carrie
away
nothing
.
Dal.
223.
Cro.
31.
a.
Lam.
260
,
261
,
403.
The
night
is
from
sun-setting
to
sun-rising
.
ibid.
Lam.
258
,
423
,
424.
What
act
shall
make
a
burglarie
without
entring
into
the
house
.
Putting
back
the
leaf
of
a
window
.
Dal.
ibid.
Cro.
33.
b.
Lam.
262.
Drawing
the
latch
of
a
doore
.
Dal.
ibid.
Cro.
33.
b.
Lam.
ibid.
Turning
the
key
being
on
the
inside
.
cro
.
31.
b.
Dal.
ibid.
Lam.
262.
Breaking
the
glasse-window
,
and
hooking
out
of
goods
.
ibid.
Lam.
16.
Making
a
hole
in
the
wall
,
and
shooting
one
within
the
house
.
Dal.
223.
Cro.
31.
b.
Lam.
263.
The
doore
being
open
,
to
put
his
hand
over
the
threshold
,
and
discharge
a
dag
at
any
within
.
Dal.
ibid.
Cro.
32.
a.
Lam.
264.
They
within
cast
out
their
money
for
fear
,
and
they
without
carry
it
away
.
Dal.
16.
Cro.
31.
b.
Lam.
263.
Without
breaking
the
house
.
To
set
foot
over
the
threshold
with
a
felonious
intent
.
Dal.
224.
Cro.
32.
a.
To
come
down
by
a
chimney
.
ibid.
To
come
in
by
help
of
a
key
.
ibid.
Cro.
31.
a.
Lam.
263.
To
enter
the
doores
being
open
,
and
the
owner
flying
to
his
chamber
,
to
shove
at
the
chamber-doore
.
Dal.
ibid.
Cro.
32.
b.
Lam.
263.
If
pretending
to
be
robbed
,
by
help
of
the
Constable
for
search
they
rob
the
owner
.
ibid.
Lam.
264
If
upon
conspiracie
with
a
servant
,
the
servant
openeth
the
doore
,
and
the
thief
entreth
.
Dal.
224.
One
entring
,
and
the
rest
standing
about
the
house
,
or
not
farre
off
.
ibid.
Lam.
265.
What
place
makes
Burglarie
.
Publick
,
as
Church-walls
,
or
gates
of
a
citie
or
town
walled
:
Private
,
as
a
dwelling
house
if
any
be
within
.
Dal.
224.
Cro.
33.
a.
Lam.
260
,
261.
The
familie
for
part
of
the
night
is
abroad
,
and
in
the
interim
the
house
is
robbed
.
Dal.
224.
Cro.
33.
a.
A
man
hath
two
dwelling-houses
,
and
dwelleth
sometimes
at
the
one
,
sometimes
at
the
other
,
and
hath
servants
at
both
,
and
the
servants
are
abroad
,
in
the
night
the
house
is
broken
.
ibid.
To
break
a
chamber
in
a
Colledge
or
Inne
of
court
,
though
no
bodie
is
in
the
chamber
.
Dal.
225.
Cro.
33.
a.
Lam.
262.
Breaking
a
barn
or
stable
neare
to
a
dwelling
house
,
to
the
intent
to
steal
.
Dal.
ibid.
Cro.
32.
Lam.
262.
Robbing
a
back
house
.
Dal.
ibid.
To
enter
to
ravish
a
woman
.
Quaere
Dal.
225.
The
hoste
of
an
Inne
breaking
into
his
guests
chamber
to
rob
him
.
Dal.
253.
edit.
1626.
What
not
.
Entring
onely
with
intent
to
beat
.
Dal.
225.
Lam.
264
,
265.
Breaking
and
departing
without
entring
.
Lam.
262.
but
it
is
felonie
.
ibid.
Lam.
261.
it
is
not
burglarie
in
one
under
14
yeares
of
age
.
Dal.
226.
Nor
in
poore
persons
that
upon
hunger
break
and
steal
under
the
value
of
12
pence
.
Dal.
ibid.
Nor
in
naturall
fools
,
or
non
compos
mentis
.
ibid
Burning
.
Malicious
burning
of
houses
,
being
dwelling-houses
,
or
barn
with
corn
,
is
felonie
.
Dal.
238.
Lam.
267
,
403.
Lam.
266
,
424.
Burning
of
an
emptie
barn
in
the
night
feloniously
,
if
it
be
nigh
a
dwelling
house
.
Dal.
ibid.
Lam.
ibid.
All
burning
that
proceedeth
of
a
former
burning
that
was
malicious
,
is
felonie
.
Lam.
266
,
267.
Burning
of
a
stack
of
corn
feloniously
.
Dal.
238
Butchers
.
Butchers
,
vide
Victuallers
.
Butcher
gashing
a
hide
whereby
it
is
hurt
,
loseth
20
pence
.
1.
Jac.
22.
Lam.
462.
Butchers
watering
any
hides
,
except
in
June
,
July
,
or
August
,
lose
3
shill.
4
pence
an
hide
.
ibid.
Butcher
or
any
other
killing
calves
to
sell
under
5
weeks
old
,
loseth
6
shill.
8
pence
a
calf
.
ibid.
Or
killing
any
weanling
bullock
,
steer
,
or
heifer
,
under
the
age
of
two
yeares
.
Lam.
453.
24.
Hen.
8.
9.
Butter
and
Cheese
,
vide
Victuals
of
transportation
.
Buts
.
Inhabitants
of
a
town
,
not
continuing
their
buts
as
they
ought
,
are
to
lose
for
every
3
moneths
20
shill.
33.
Hen.
8.
cap.
9.
Buying
and
selling
,
vide
Cattell
.
Calves
and
Kine
.
ANy
killing
calves
to
sell
under
five
weeks
old
,
lose
for
every
one
6
shillings
8
pence
,
5.
Elis.
24.
1.
Jac.
22.
Any
feeding
in
his
own
ground
fit
for
milch
kine
,
wherein
none
hath
common
above
120
sheep
more
then
for
his
own
provision
,
must
raise
one
calf
for
every
60
sheep
or
lose
20
shillings
a
moneth
for
each
calf
,
and
keep
one
milch
cow
for
every
●0
oxen
,
runts
,
&c.
so
fed
,
if
he
feed
above
20.
And
for
every
two
milch
kine
must
reare
one
calf
yearly
,
except
it
die
upon
the
like
pain
.
2.
&
3.
P.
&
M.
3.
Elis
.
25.
Lam.
429.
Lam.
453.
Offences
against
this
statute
are
determinable
at
the
quarter
Sessions
.
Captains
.
Any
Muster-masters
taking
reward
for
discharging
any
from
service
,
lose
10
times
so
much
or
20
pound
.
2.
E.
6.
cap.
2.
Lam.
482
,
483.
Captains
or
others
having
the
charge
of
men
for
warre
,
keeping
back
part
of
their
pay
,
lose
to
their
souldier
treble
so
much
as
is
not
paid
:
or
for
gain
licensing
any
to
depart
,
lose
10
times
the
gain
.
●
.
E.
6.
Ibid.
Vide
plus
Travelling
.
Caps
,
stat.
repealed
,
39
Elis.
18.
Cattell
.
Buyer
of
live
oxen
,
runts
,
steers
,
kine
,
calves
,
sheep
,
lambes
,
kids
and
goats
,
if
he
fell
them
within
five
weeks
after
,
loseth
the
double
.
5.
E.
6.
cap.
14.
Lam.
452.
Certificate
.
Recognizance
and
release
of
the
Peace
both
are
to
be
certified
at
the
next
quarter
Sessions
.
3.
H.
7.
1.
but
no
pain
by
the
statute
to
the
Justice
if
he
do
not
.
Cro.
139.
a.
Dal.
144.
Lam.
111.
One
that
is
bound
to
the
Peace
maketh
default
at
the
day
of
his
appearance
,
the
recognizance
default
of
his
appearance
must
be
certified
into
the
Exchequer
,
Kings
bench
,
or
Chancery
:
So
if
it
be
presented
that
he
hath
broken
the
Peace
.
3.
H.
7.
1.
Lam.
555.
Lam.
589.
Sheriffe
must
certifie
to
the
Justice
of
the
next
Sessions
,
indictment
lawfully
found
and
taken
at
his
turn
or
law-day
.
1.
E.
4.
2.
Clerk
of
the
Crown
must
certifie
the
name
of
any
that
have
been
out
lawed
of
felonie
,
or
Clerks
convicted
or
attainted
upon
the
letter
of
a
Justice
of
Peace
,
or
lose
40
shillings
.
34.
H.
8.
cap.
14.
Transcript
of
every
attainder
,
outlawrie
,
or
conviction
had
before
the
Iustice
of
Peace
,
must
be
certified
into
the
Kings
bench
by
the
Clerk
of
the
Peace
within
40
dayes
after
the
attainder
,
if
it
be
in
Term
;
if
not
,
within
20
dayes
after
the
beginning
of
the
next
Term
,
on
pain
of
40
shillings
.
34.
H.
8.
cap.
14.
Clerk
of
the
Peace
must
certifie
to
the
Ordinarie
a
transcript
of
the
Clerks
conviction
,
or
attainder
.
34.
H.
8.
14.
Quaere
,
because
the
18.
Elis
.
they
be
not
delivered
to
the
Ordinarie
.
Lam.
554.
Lam.
558.
Custos
Rotulorum
of
the
Countie
where
one
is
attainted
as
principall
of
felonie
,
upon
writing
of
the
Iustices
of
the
Goal-deliverie
or
Oyer
and
Terminer
of
another
Countie
where
one
is
accessarie
unto
the
other
,
must
certifie
what
is
done
with
the
principall
.
1.
E.
6.
24.
Lam.
588
,
589.
Lam.
554.
Where
the
Iustices
are
to
receive
indictments
and
no
power
to
proceed
upon
them
,
they
must
certifie
them
into
the
Kings
bench
without
certiorari
.
Lam.
589.
Abjuration
of
a
seditious
sectarie
made
in
open
quarter
Sessions
,
must
be
certified
at
the
next
Assizes
unto
the
Iustice
of
Assize
.
35.
Elis
.
1.
Lam.
590.
Presentments
that
goods
and
chattels
of
one
attainted
of
felonie
be
in
others
hands
,
it
is
to
be
certified
in
the
Kings
bench
,
or
Exchequer
.
Lam.
590.
Recognizance
of
an
Alehouse-keeper
must
be
certified
at
the
next
quarter
Sessions
after
the
taking
,
or
the
Iustice
lose
5
marks
.
5.
E.
6.
25.
Certificates
of
dockets
,
of
Purveyors
,
vide
Purveyors
.
Certificate
of
transcripts
of
Records
of
the
Sessions
into
the
Kings
bench
,
vide
Clerks
of
the
Peace
.
Certificate
of
Ryots
,
vide
Ryots
.
Certificate
of
Certiorari
,
vide
Certiorari
.
Certificate
of
Examinations
,
vide
Examinations
.
Vide
plus
Recognizance
.
One
bound
to
the
Peace
maketh
default
of
appearance
at
the
next
quarter
Sessions
,
the
Recognizance
with
the
Record
of
the
default
must
be
certified
into
the
Chancerie
,
Kings
bench
,
or
Exchequer
.
3.
H.
7.
1.
Lam.
589.
Certiorari
.
Certiorari
is
to
remove
indictments
or
other
Records
to
be
fully
heard
where
the
Iustices
cannot
proceed
,
or
be
reversed
where
they
have
proceeded
erroniously
.
Lam.
591.
Lam.
556.
A
Certiorari
issueth
out
of
the
Chancerie
,
and
the
Records
are
removed
thither
and
sent
thither
by
Mittimus
to
any
other
court
.
Lam.
591.
Lam.
55.
Certiorari
to
remove
matters
of
the
Crown
,
need
not
contain
the
cause
of
the
removing
.
Certiorari
out
of
the
Chancerie
hath
in
Cancellaria
out
of
the
Kings
bench
nobis
mitta
.
Dal.
368.
Cro.
132.
a.
Certiorari
may
command
either
the
Record
it self
or
the
tenour
of
the
Record
.
Dal.
368.
Cro.
13.
b.
Lam.
515.
Certiorari
is
to
be
directed
to
the
Iustice
.
Lam.
545.
Iustice
of
Peace
ought
upon
Certiorari
to
remove
the
Record
,
though
the
partie
that
brought
the
Certiorari
sueth
not
after
to
have
it
not
removed
.
Dal.
368.
Cro.
132.
b.
&
133.
Lam.
516.
An
indictment
may
be
removed
upon
a
Certiorari
bearing
date
before
the
indictment
was
taken
.
Dal.
369.
Cro.
132.
b.
164
,
167.
b.
Lam.
510.
A
certificate
of
a
Certiorari
ought
not
to
omit
that
which
did
authorize
the
Iustice
to
make
the
Record
,
neither
ought
they
to
certifie
more
then
the
Certiorari
warranteth
them
.
Lam.
516.
If
the
Certiorari
varie
from
the
Record
,
the
Iustice
need
not
to
certifie
.
Dal.
368.
Cro.
132.
b.
A
Certiorari
is
to
send
up
the
indictment
of
〈◊〉
in
which
others
are
joyntly
indicted
,
the
Iustice
need
not
make
certificate
of
any
but
of
A
onely
.
Dal.
368.
Cro.
132.
a.
Lam.
517.
A
Iustice
may
without
Certiorari
send
into
the
Kings
bench
a
Recognizance
of
the
Peace
,
an
indictment
found
before
him
,
or
a
force
recorded
before
him
.
Dal.
368.
Cro.
132.
b.
133.
b.
but
not
without
Certiorari
if
he
be
put
out
.
ibid.
No
bills
of
indictment
,
riot
,
forcible
entrie
,
assault
,
or
batterie
found
at
the
quarter
Sessions
shall
be
removed
by
Certiorari
,
unlesse
it
be
delivered
in
open
quarter
Sessions
,
and
the
indicted
bound
in
10
pound
to
the
prosecutour
with
such
sureties
as
the
Justice
shall
allow
,
to
pay
within
one
moneth
such
costs
and
damages
as
the
said
Justices
shall
allow
,
otherwise
the
Justice
to
proceed
to
tryall
.
21.
Jac.
8.
Dal.
214.
Edit.
1626.
Vide
plus
Certificate
.
Challenge
.
One
indicted
of
felonie
may
challenge
as
many
as
he
will
,
shewing
cause
:
but
without
cause
he
may
not
challenge
above
twentie
.
22.
H.
8.
14.
Lam.
523.
Lam.
554.
What
shall
be
a
good
challenge
for
a
Juror
.
That
he
was
an
indictour
of
him
.
Lam.
522.
Lam.
554.
That
he
hath
not
lands
to
cleare
yearly
value
of
40
shill.
Lam.
ibid.
In
cities
and
boroughs
that
he
hath
no
goods
moveables
worth
40
pound
.
Lam.
ibid.
That
he
is
not
Probus
&
Legalis
,
as
if
he
be
attainted
of
felonie
,
forgerie
,
perjurie
,
&c.
Lam.
522.
Lam.
554.
Champertie
.
Champertie
is
when
one
for
hope
of
having
part
of
the
thing
in
variance
,
moveth
or
causeth
the
suit
to
be
moved
at
his
own
cost
,
and
for
it
he
is
to
be
fined
.
33.
E.
1.
Lam.
441.
Chancemedlie
,
vide
Homicide
.
Chastisement
,
vide
Correction
.
Church
and
Churchyard
.
Maliciously
to
strike
with
a
weapon
in
the
Churchyard
,
or
to
draw
a
weapon
to
that
end
,
is
losse
of
one
of
his
eares
,
or
to
be
marked
with
the
letter
T.
5.
Ed.
6.
4.
Lam.
399.
Lam.
419.
To
keep
fair
or
market
in
the
Churchyard
.
ibid.
Stat.
Wint.
13.
Ed.
1.
Lam.
419.
Conviction
of
any
upon
the
statute
5.
Ed.
6.
4.
may
be
by
the
Iustices
of
Peace
at
their
quarter
Sessions
by
verdict
,
testimonie
of
two
,
or
by
confession
.
5.
Ed.
6.
4.
Execution
of
the
forfeiture
upon
the
statute
of
striking
in
Churchyards
to
be
awarded
by
the
Iustice
of
Peace
before
the
conviction
.
5.
Ed.
6.
4.
Churchwardens
.
Churchwardens
and
Constables
or
one
of
them
,
or
where
none
be
,
the
Constable
of
the
hundred
must
once
every
yeare
present
at
the
quarter
Sessions
the
monethly
absence
from
church
of
Popish
recusants
and
the
names
of
every
of
their
children
of
9
yeares
old
and
above
abiding
with
their
parents
,
and
as
neare
as
they
can
the
age
of
their
children
and
the
names
of
such
recusants
servants
.
3.
Jac.
4.
Lam.
437.
penaltie
20
shillings
.
Vide
Recusants
.
Churchwardens
are
to
gather
for
the
prisoners
,
vide
Prisoners
.
Churchwardens
and
Overseers
of
the
poore
are
yearely
to
make
account
to
two
Iustices
whereof
one
ought
to
be
of
the
Quorum
.
viz.
1
Of
all
summes
received
by
them
rated
or
not
received
.
2
Of
such
stock
as
they
or
any
of
their
poore
have
in
their
hands
.
3
What
apprentices
they
have
put
out
.
4
What
poore
they
have
set
to
work
or
relieved
.
5
What
poore
they
have
suffered
to
wander
and
begge
.
6
If
they
have
monethly
met
to
take
order
for
the
poore
.
7
If
they
have
assessed
the
inhabitants
and
occupiers
of
lands
,
and
in
their
parish
,
and
such
as
are
of
abilitie
with
indifferencie
.
8
If
they
have
endeavoured
to
levie
and
gather
such
assessments
.
Dal.
72
,
73.
Defaults
in
any
the
premisses
is
20
shill.
ibid.
Churchwardens
and
Overseers
refusing
to
make
a
true
account
to
the
Justice
of
all
such
summes
of
money
,
or
denying
to
pay
the
arrerages
,
to
be
committed
to
the
goal
without
bail
till
account
made
&
the
arrerages
paid
to
the
new
Overseers
.
Dal.
73
Churchwardens
and
Constables
yearely
upon
Tuesday
or
Wednesday
in
Easter
week
,
must
call
together
the
parishioners
,
And
first
choose
surveyours
for
the
high-wayes
.
Dal.
5●
.
2
Appoint
six
dayes
for
that
purpose
,
to
be
before
Midsummer
next
following
.
ibid.
3
Give
notice
of
the
said
six
dayes
openly
in
the
Church
the
Sunday
after
Easter
.
ibid.
Clerk
of
the
Peace
.
Clerk
of
the
Peace
must
be
present
at
the
Sessions
,
to
reade
enditements
and
in●oll
the
acts
of
the
Sessions
,
as
also
to
draw
processe
.
Lam.
337.
Lam.
393.
Clerk
of
the
Peace
must
record
proclamations
for
the
rates
of
servants
wages
,
and
inroll
the
discharge
of
apprentices
.
5.
Elis.
4.
ibid.
He
must
keep
the
counterpain
of
the
Indenture
of
armour
.
4.
&
5.
Ph.
&
Mar.
2.
And
the
books
of
licenses
given
to
Badgers
and
loaders
of
corn
.
5.
Elis
.
12.
Lam.
393.
And
of
those
that
are
licensed
to
shoot
in
gunnes
.
2.
Ed.
6.
12.
He
must
certifie
into
the
Kings
bench
transcript
of
enditements
,
outlawries
,
attainders
,
and
convictions
had
before
the
Justice
of
Peace
within
the
time
limited
.
34.
Hen.
8.
14.
Lam.
588
,
&
593.
Recognizance
of
the
Peace
is
brought
into
the
Custos
Rotulorum
,
and
the
partie
grieved
will
not
sue
it
,
the
Clerk
of
the
Peace
may
call
upon
it
for
the
King
.
Lam.
394.
The
office
of
the
Clerk
of
the
Peace
is
in
the
gift
of
the
Custos
Rotulorum
.
37.
H.
8.
1.
Lam.
394.
What
Records
the
Clerk
of
the
Peace
is
bound
to
certifie
,
vide
Certificate
.
The
Clerk
of
the
Peace
his
fees
,
vide
Fees
.
He
must
record
presentments
for
not
coming
to
Church
,
and
the
certificate
of
not
taking
the
oath
of
Alleagiance
.
3.
Jac.
4.
Lam.
393.
Clerk
of
a
Justice
his
fees
,
vide
Fees
.
Clerk
of
the
Crown
,
what
records
he
ought
to
certifie
,
vide
Certificate
.
Clerk
of
the
Market
.
Clerk
of
the
Market
taking
money
to
dispense
with
faults
,
riding
with
more
then
six
horses
,
tarrying
longer
then
is
necessarie
,
loseth
for
the
first
offence
40
shill.
for
the
second
10
pound
,
for
the
third
20
pound
.
13.
R.
2.
4.
Clergie
and
Sanctuarie
.
One
Justice
of
Peace
may
take
out
of
the
Sanctuarie
him
that
is
abjured
thither
,
being
endited
of
any
offence
punishable
by
death
,
done
after
he
is
become
a
Sanctuarie
man
,
and
may
commit
him
to
the
goal
in
the
countie
where
the
enditement
is
found
,
till
he
be
tried
.
22.
Hen.
8.
14.
Breaking
a
house
by
day
,
and
taking
away
any
thing
to
the
value
of
5
shill.
29.
Elis
.
15.
Lam.
Conjurers
or
witches
,
their
aiders
and
counsellers
.
5.
Elis
.
16.
Lam.
531
,
564.
In
what
offences
Clergie
is
not
allowable
.
Receivers
or
aiders
of
Seminarie
Priests
or
Jesuites
.
27.
Elis
.
17.
Lam.
563.
Conspiring
to
burn
,
take
,
or
rase
any
castle
or
bulwark
of
the
Kings
.
14.
Elis.
1.
Rape
or
ravishment
,
18.
Elis
.
6.
Lam.
564.
Burglarie
18.
Elis
.
6.
Lam.
564.
Carnally
abusing
a
woman
within
the
age
of
ten
yeares
.
18.
Elis
.
6.
Lam.
564.
Principall
or
accessarie
before
the
fact
of
taking
away
of
a
maid
,
widow
,
or
wife
,
that
hath
lands
or
substance
,
&c.
3.
Hen.
7.
2.
and
29.
Elis
.
9.
Lam.
ibid.
Buggerie
.
5.
Elis.
17.
Murderer
.
Poysoner
of
malice
prepensed
.
Robbing
in
day
,
or
nigh
a
high-way
.
Horse-stealer
.
Church-robber
.
Robbing
of
a
house
,
any
being
in
it
.
Robbing
of
booth
or
tent
,
any
being
in
it
.
Lam.
365
Commander
of
Pettie-treason
.
Commander
of
wilfull
murder
.
Of
robbery
in
any
dwelling
house
,
in
or
neare
any
high-way
.
Stabbing
one
who
hath
no
weapon
drawn
,
nor
stroke
first
,
if
he
die
thereof
within
six
moneths
.
1
Jac.
8.
Lam.
565.
To
burn
any
barn
having
any
corn
in
it
.
Lam.
565
Reporting
false
rumours
against
the
King
,
devising
or
writing
seditious
or
slanderous
matter
against
the
King
.
23.
Elis.
2.
Souldiers
departing
without
license
of
their
captain
.
Lam.
565.
Souldiers
or
Mariners
which
wander
begging
.
39.
Elis.
17.
Exceed
the
time
of
their
license
.
ibid.
Forge
,
or
use
forged
license
,
knowing
it
.
ibid.
The
second
conviction
for
forging
false
deeds
.
5.
Elis.
14.
Privily
to
take
away
goods
or
money
above
12
pence
from
the
person
of
another
.
18.
Elis.
4.
Calling
himself
an
Egyptian
,
or
keeping
them
companie
contrarie
to
the
statutes
.
1.
&
2.
Ph.
&
Mar.
4.
5.
Elis
.
20.
Lam.
556.
A
confined
recusant
refuseth
to
abjure
the
realm
,
or
will
not
go
,
or
returneth
without
license
.
35.
Elis.
1.
2.
To
what
persons
Clergie
is
grantable
.
To
a
bastard
.
To
bigames
.
To
whom
not
grantable
.
Women
,
vide
Women
.
One
that
hath
had
it
formerly
,
except
he
be
within
holy
orders
.
1.
E.
6.
12.
Lam.
530
,
563.
In
what
cases
Clergie
is
allowable
.
Clergie
shall
be
allowed
in
all
cases
,
saving
such
as
are
mentioned
1.
Ed.
6.
11.
or
speciall
since
that
time
taken
away
.
Clergie
shall
be
allowed
but
once
.
4.
H.
7.
13.
A
woman
convicted
of
felonie
above
12
pence
,
and
under
10
shill
,
wherein
a
man
may
have
his
clergie
,
shall
be
burnt
in
the
hand
with
T
and
whipped
.
21.
Jac.
6.
Upon
an
attainder
by
outlawrie
,
Parliament
standing
mute
,
challenging
peremptorily
above
20
shill.
where
the
statute
taketh
it
away
upon
conviction
by
verdict
.
Quaere
Lam.
535.
Lam.
567.
A
Justice
of
Peace
may
give
clergie
to
a
felon
,
if
the
Ordinarie
be
present
;
but
they
cannot
fine
the
Ordinarie
for
his
offence
,
but
must
reprieve
the
prisoner
.
Lam.
520
,
551.
If
the
Enditement
doth
not
directly
agree
with
the
words
of
the
statute
that
taketh
away
clergie
,
the
prisoner
may
have
his
clergie
.
Lam.
534.
Lam.
566.
After
conviction
and
clergie
allowed
,
and
the
partie
burnt
in
the
hand
,
he
may
be
indicted
of
another
felonie
.
Lam.
527.
Lam.
559.
When
any
man
hath
priviledge
of
clergie
,
as
a
clerk
convict
,
and
also
in
all
cases
of
felonie
wherein
the
benefit
of
clergie
is
restrained
,
excepted
,
or
taken
away
by
statute
(
wilfull
murder
and
poysoning
of
malice
prepensed
,
excepted
)
any
Lord
of
the
Parliament
,
or
Peer
of
the
Realm
sitting
in
Parliament
,
shall
upon
his
request
and
prayer
,
alledging
that
he
is
a
Lord
or
Peer
of
the
realm
,
though
he
cannot
reade
,
without
burning
in
the
hand
,
losse
of
inheritance
,
or
corruption
of
bloud
,
be
adjudged
for
the
first
time
onely
as
a
clerk
convict
.
●
.
Ed.
6.
12.
But
in
all
other
cases
wherein
clergie
is
taken
away
by
any
statute
since
1.
Ed.
6.
he
is
in
the
same
degree
as
a
common
person
.
P.
R.
2.
●3
.
Cloth
.
Every
Iustice
beyond
Trent
hath
some
power
in
searching
out
the
deceit
of
straining
or
stretching
those
countrey
clothes
.
39.
Elis.
20.
Any
Iustice
of
Peace
next
unto
any
Town
corporate
or
Citie
beyond
Trent
,
is
to
joyn
with
the
Citie
or
Town
in
appointing
overseers
for
cloth
.
ibid.
Two
Iustices
of
Peace
must
appoint
yearely
overseers
of
cloth
sold
in
Towns
corporate
,
and
to
sweare
them
to
see
execution
of
that
part
of
the
statute
which
is
yet
in
force
.
3.
E.
6.
2.
Lamb.
348.
Lamb.
359.
One
commanded
by
two
Iustices
of
the
Peace
,
to
appeare
to
be
made
an
overseer
of
keeping
the
statute
of
clothing
,
and
without
reasonable
excuse
refusing
,
shall
forfeit
40
shill.
one
half
to
the
two
Iustices
.
ibid.
Lamb.
335.
Two
Iustices
of
Peace
may
dispose
the
money
rising
of
deceitfull
cloth
stretched
.
39.
Elis.
20.
Woollen
cloth
presented
by
a
retayler
thereof
,
to
two
of
the
next
Iustices
of
Peace
,
as
defective
against
this
statute
and
the
statute
4
&
5
Phil.
&
Marie
5.
shall
cause
the
same
to
be
cut
into
three
equall
parts
,
whereof
one
part
to
the
King
,
one
part
to
the
presenter
,
and
the
third
part
to
the
Iustices
themselves
.
5.
E.
6.
6.
Lamb.
348.
Lamb.
359.
Iustices
of
Peace
faulty
in
executing
the
statute
against
the
deceitfull
stretching
of
Northern
cloth
,
lose
5
pound
.
39.
Elis.
20.
Clothier
must
set
his
seal
of
lead
to
the
cloth
,
to
declare
the
length
,
to
be
tryed
by
water
,
or
be
fined
.
3.
Ed.
6.
2.
Lamb.
442.
Lamb.
469.
Cloth
is
not
to
be
stretched
above
a
yard
and
a
half
in
length
,
and
half
a
quarter
in
breadth
,
not
to
shrink
more
in
wetting
,
on
pain
of
40
shill.
ibid.
Browns
,
Blewes
,
Pewks
,
Tawnies
and
Violets
,
must
be
perfectly
boyled
,
grayned
,
or
maddered
upon
the
woad
,
and
shot
with
good
cork
or
orchall
,
otherwise
the
dyer
loseth
20
shill.
for
every
offence
.
3.
E.
6.
2.
Lamb.
442.
Lamb.
469.
Wooll
for
Russets
,
Marbles
,
Grayes
,
Bayes
,
or
for
hats
or
caps
,
must
be
perfectly
woaded
,
boyled
,
and
maddered
,
or
lose
20
shill.
every
Cloth
or
Wool
for
a
cloth
.
ibid.
Dying
with
Brazill
,
thereby
to
make
a
false
colour
,
is
losse
of
20
shill.
a
time
.
3.
E.
6.
2.
L.
443
,
469.
Putting
Flax
,
Chalk
,
Starch
,
or
other
deceiveable
things
upon
any
cloth
,
except
Devonshire
and
Cornwall
straits
,
loseth
40
shill.
a
time
.
Selling
Cloth
by
lesse
measure
then
after
the
true
contents
by
the
yard
and
inch
,
loseth
6
shill.
8
pence
a
yard
.
ibid.
Putting
to
sale
Cloth
pressed
to
be
used
in
England
,
Wales
,
or
Ireland
,
loseth
the
Cloth
or
value
.
ibid.
Refusing
to
be
searchers
of
Cloth
,
or
neglecting
to
search
once
a
quarter
,
loseth
as
the
offenders
.
ib.
Interrupting
the
search
of
Cloth
,
is
losse
of
20
pound
.
ibid.
Kentish
Cloth
above
6
pound
price
must
contain
betwixt
28
and
30
yards
in
length
being
wet
,
and
7
quarters
broad
within
the
lists
,
and
being
well
dressed
,
must
weigh
76
pound
,
or
lose
20
shill.
for
want
of
length
and
breadth
,
and
so
much
for
wanting
of
4
pound
of
the
weight
.
5.
E.
6.
Lamb.
443.
Lamb.
470.
Deceit
in
linen
Cloth
,
whereby
it
is
become
worse
for
good
use
,
is
losse
of
Cloth
,
fine
,
&
imprisonment
for
a
moneth
.
1.
Eliz.
13.
Lamb.
444.
Lamb.
471.
Offences
against
the
statute
,
concerning
the
stretching
of
Northern
clothes
,
to
be
presented
by
the
overseers
at
the
next
Q.
Sessions
after
the
offence
,
and
there
to
be
heard
and
determiued
.
39.
Eliz.
20.
Offences
of
the
Iustices
of
peace
in
neglecting
their
duty
,
by
not
executing
of
the
statute
of
deceitfull
stretching
of
Northern
clothes
,
to
be
heard
and
determined
by
I.
of
Assize
.
Commission
of
the
Peace
.
The
commission
of
the
peace
is
determinable
at
the
Pr.
pleasure
,
either
by
expresse
word
,
implication
,
or
death
,
or
by
the
presence
of
higher
power
,
or
by
occasion
of
another
office
,
as
to
be
made
Sheriffe
.
Lamb.
63
,
68.
Lamb.
66
,
67.
Commission
granted
hac
vice
tantùm
,
is
determined
after
once
sitting
,
if
they
do
not
adjourn
the
same
.
Lamb.
67.
Lamb.
71.
A
new
commission
of
the
Peace
hac
vice
tantùm
,
will
determine
the
old
.
Lamb.
64.
70.
Lamb.
68.
A
commission
of
the
same
kinde
in
the
same
limits
to
other
commissioners
without
word
of
discharge
,
is
a
revocation
of
the
former
by
implication
.
Lamb.
64.
69.
Dal.
8.
Crom.
189.
a.
Lamb.
67.
A
proper
Iustice
is
made
within
a
speciall
libertie
,
without
words
of
prohibition
,
the
Iustice
of
the
shire
may
meddle
there
.
Lamb.
64
,
69.
Lamb.
68.
The
making
of
a
new
commission
is
no
determination
of
the
old
,
till
it
be
read
or
proclaimed
at
some
Session
or
in
a
full
county
,
Lamb.
65
,
70.
or
at
the
Assizes
,
Dal.
8.
Lamb.
69.
The
old
commission
determining
by
a
new
,
no
processe
or
suit
hanging
before
the
old
commissioners
,
is
discontinued
thereby
.
Lamb.
66
,
71.
Dal.
9.
Cro.
189.
Lamb.
69.
Accession
of
a
higher
title
taketh
not
away
the
authoritie
of
a
Iustice
of
Peace
.
Lamb.
66.
Dal.
9.
Cro.
188.
a.
Lamb.
70.
A
new
commission
to
heare
and
determine
fellonies
,
determineth
the
old
commission
of
the
Peace
,
but
not
concerning
the
Peace
.
Lamb.
72.
A
Iustice
of
Peace
,
in
making
justification
by
vertue
of
his
office
,
needeth
not
to
show
the
commission
of
the
Peace
,
because
the
keeping
thereof
belongeth
to
the
Custos
Rotulorum
.
Lamb.
387
,
388.
Commons
.
Commons
in
forrests
and
elsewhere
,
must
be
driven
yearely
within
15
dayes
after
Michaelmas
by
the
owner
or
officers
,
on
pain
of
40
shil.
a
time
.
22.
H.
8.
13.
Lamb.
466.
Vide
plus
Horses
.
Common
Prayer
.
If
any
Minister
have
refused
to
use
the
Common
Prayer
,
or
to
minister
the
Sacraments
according
to
the
Book
of
Common
Prayer
,
or
wilfully
standing
in
the
same
have
used
any
other
form
in
open
prayer
or
in
administration
of
the
Sacraments
,
or
spoken
any
thing
in
derogation
of
the
said
book
or
any
part
thereof
,
for
the
first
offence
it
is
losse
of
the
spirituall
living
for
a
yeare
,
and
imprisonment
for
6
moneths
without
bayl
:
for
the
second
,
deprivation
and
imprisonment
for
a
yeare
:
for
the
third
,
deprivation
and
imprisonment
all
his
life
.
1.
El.
cap.
2.
23.
El.
Lamb.
348
,
402.
L.
417.
Any
having
in
play
,
song
,
or
rhythme
,
or
by
any
open
word
spoken
in
derogation
of
the
book
of
Common
Prayer
,
or
any
thing
therein
contained
,
or
having
caused
or
maintained
any
Minister
to
say
any
other
Common
Prayer
,
or
minister
Sacraments
in
other
manner
,
or
interrupting
any
Minister
to
say
open
prayer
,
or
administer
the
Sacraments
according
to
the
said
book
,
he
loseth
100
marks
or
6
moneths
imprisonment
without
bayl
for
the
first
offence
;
and
for
the
second
,
400
marks
or
12
moneths
imprisonment
;
and
for
the
third
,
all
his
goods
&
imprisonment
for
his
life
.
ib.
Concealment
,
vide
Iurours
.
Confession
.
After
a
free
confession
of
an
indictment
,
and
submission
to
finde
in
an
action
at
the
parties
suit
,
for
the
same
trespasse
,
he
shall
not
plead
not
guilty
:
otherwise
of
a
confession
sub
modo
,
as
when
he
putteth
himself
sub
gratia
Regis
.
Lamb.
500
,
501
,
511
,
512.
Lamb.
530.
Quaere
whether
if
he
once
make
a
sine
,
he
shall
not
be
estopped
to
plead
not
guilty
also
.
Whether
the
Iust.
of
Peace
may
drive
the
partie
either
to
an
absolute
confession
or
to
his
traverse
.
ib.
The
voluntarie
confession
of
an
offender
against
the
statute
,
1.
Jac.
9.
4.
Jac.
5.
before
a
Iustice
of
Peace
is
a
conviction
,
and
after
confession
his
oath
is
sufficient
proof
against
any
other
offending
at
the
same
time
.
21.
Jac.
7.
Dal.
26.
Edit.
1626.
Conjuration
.
Conjuration
of
wicked
spirits
is
felonie
.
5.
Elis.
16.
231
,
399.
Lam.
227.
Vide
plus
:
Witchcraft
.
Conservers
of
the
Peace
.
Coroners
are
conservers
of
the
Peace
,
and
may
in
some
cases
imprison
.
Lam.
378
,
381.
Lam.
131
,
395.
Constables
.
Every
Constable
at
the
Common
law
before
the
statute
3.
Hen.
7.
3.
and
1.
and
2.
Phil.
&
Mar.
might
bail
one
suspected
of
felonie
by
obligation
,
or
take
suretie
of
the
Peace
by
obligation
,
or
commit
him
to
prison
that
made
an
affray
,
till
he
found
sureties
.
Lam.
15.
Constables
or
other
officers
may
lay
no
hands
on
two
intending
to
fight
,
till
weapons
drawn
,
or
offer
of
blow
.
Lam.
132.
Constable
hurt
in
parting
an
affray
,
may
have
an
action
against
the
affrayer
;
so
may
any
other
officer
:
but
the
affrayer
can
have
none
against
them
.
Lam.
Const
.
15.
Lam.
125
,
135.
Lam.
132
,
133.
Constable
or
officer
presented
at
the
Sessions
for
not
endeavouring
to
part
an
affray
,
being
present
,
shall
deeply
be
sined
.
Lam.
121
,
136.
So
if
he
be
told
of
it
being
absent
.
Dal.
32.
&
contrà
,
Cro.
146.
b.
Two
fighting
in
an
house
the
doores
being
shut
,
the
officers
may
break
open
the
doores
to
see
the
peace
kept
.
Lam.
ibid.
Lam.
133.
Constable
taking
an
affrayer
must
imprison
him
in
the
stocks
,
not
in
his
house
;
and
that
till
he
may
provide
to
carrie
him
to
the
goal
,
Lam.
ibid.
or
to
a
Justice
of
Peace
.
Dal.
28
,
and
30.
Lam.
133
,
125.
Constable
or
Justice
,
if
need
be
,
may
command
aid
of
the
Kings
people
for
pacifying
an
affray
,
Lam.
126
,
137.
Lam.
134.
Constable
or
officer
may
defend
himself
,
and
apprehend
and
imprison
the
partie
that
shall
make
an
affray
upon
him
.
Lam.
ibid.
Dal.
30.
Crom.
147.
a
One
Justice
of
Peace
may
command
,
that
two
constables
be
chosen
in
each
hundred
.
Lam.
175
,
190.
Lam.
186.
Vide
plus
Affray
,
Arrest
,
Rogues
.
High-constables
,
at
their
pettie
Sessions
,
for
an
affray
made
in
disturbance
of
the
Court
,
may
imprison
the
offenders
.
Dal.
3.
edit.
1626.
Cook
11.
43
,
44.
Choosing
of
High-constables
useth
to
be
at
the
Qu.
Sessions
;
if
out
of
Sessions
,
by
the
major
part
of
the
Justices
of
that
division
where
they
dwel
,
and
use
to
be
sworn
at
the
Sessions
,
or
by
warrant
from
the
Sessions
.
Dal.
44.
edit.
1626.
Conventicles
.
Those
are
sometimes
called
conventicles
wherein
many
do
impart
with
others
their
meaning
to
kill
a
man
,
or
to
take
anothers
part
in
all
things
.
Lam.
163
,
173
,
177.
Champertie
also
,
maintenance
,
conspiracies
,
confederacies
,
and
giving
of
liveries
other
then
to
meniall
servants
and
officers
,
be
contained
under
the
word
conventicles
.
Lam.
ibid.
Corn.
Certificate
of
one
Justice
of
Peace
joyned
with
the
customer
of
the
place
of
unlading
and
selling
of
corn
,
grain
,
or
cattell
carried
by
water
from
one
place
to
another
of
this
Realm
,
unto
the
customer
and
controller
of
the
place
where
the
same
was
imbarked
,
is
sufficient
upon
the
statute
of
forestalling
.
5.
Ed.
6.
14.
13.
Elis.
25.
One
having
sufficient
corn
,
buying
seed
,
without
bringing
so
much
as
he
buyeth
,
to
sell
the
same
day
as
the
market
goeth
,
loseth
double
.
5.
Jac.
46.
427
,
433.
Lam.
450.
Vide
plus
Transportation
.
Cutter
and
carryers
away
of
corn
,
vide
Hedge-breakers
.
Coroners
.
Coroners
ought
to
certifie
their
inquisitions
at
the
generall
goal-delivery
,
and
not
at
the
Sessions
.
1.
and
2.
Ph.
&
Mar.
12.
Lam.
378
,
380
,
&
395.
Coroners
being
parties
to
the
exigents
,
and
Judges
of
the
outlawrie
,
ought
to
be
present
at
the
Sessions
.
ibid.
Coroners
are
conservers
of
the
Peace
,
and
may
in
some
cases
commit
men
to
prison
.
ibid.
Coroners
may
be
convicted
of
offence
against
the
statute
of
1.
Hen.
8.
7.
Lam.
413
,
517.
Lam.
434.
touching
extortion
,
or
not
executing
their
offices
before
a
Justice
of
Peace
.
Cro.
130.
Coroners
fees
,
vide
Fees
.
Cottages
.
Any
erecting
,
or
converting
any
dwelling
to
be
used
as
a
cottage
for
dwelling
,
unlesse
he
lay
foure
acres
of
his
own
free-hold
inheritance
lying
neare
to
the
said
cottage
,
to
be
continually
manured
therewithall
so
long
as
that
cottage
shall
be
inhabited
,
except
in
a
citie
,
corporate
or
market
town
,
or
ancient
borough
,
or
being
the
dwelling
house
of
minerals
,
coal-mines
,
quarries
of
stone
or
slate
,
makers
of
brick
,
tile
,
lime
,
or
coal
,
not
being
above
a
mile
from
the
works
,
and
onely
used
for
the
habitation
of
such
workmen
,
or
for
saylers
,
or
men
of
manuall
occupation
,
for
the
making
,
furnishing
,
or
victualling
of
ships
,
and
being
within
a
mile
of
the
sea
at
the
side
of
some
navigable
river
;
or
a
cottage
for
the
keeper
of
forrests
,
chase
,
warren
,
or
park
;
or
cottage
for
a
common
herdsman
or
shepherd
of
any
town
,
or
wherein
any
poore
,
lame
,
sick
,
aged
,
or
impotent
person
shall
dwell
;
or
hath
been
decreed
to
continue
for
a
dwelling
by
the
Justices
of
Assize
or
of
the
Peace
in
open
Assizes
or
Qu.
Sessions
.
31.
Elis.
7.
39.
Elis.
3.
43.
Elis
.
2.
Lam.
499
,
456.
Lam.
476.
None
to
maintain
or
uphold
any
cottage
,
not
having
foure
acres
to
it
,
except
as
before
.
ibid.
Owner
or
occupier
of
a
cottage
must
not
suffer
more
housholds
then
one
to
dwell
in
a
cottage
.
31.
Elis.
7.
except
it
be
by
order
of
the
Justice
at
the
Q.
Sessions
,
with
leave
of
the
Lord
of
the
waste
at
the
charge
of
the
parish
,
hundred
,
or
countie
.
39.
Elis.
3.
43.
Elis
.
2.
Lam.
573
,
589
,
611.
Offences
against
the
statute
of
cottages
and
inmates
,
are
to
be
heard
and
determined
at
the
Q.
Sessions
.
31.
El.
7.
Lam.
575
,
589
,
614.
and
a
decree
may
be
made
at
the
Q.
Sessions
for
continuance
of
a
cottage
that
hath
not
foure
acres
of
land
.
ibid.
Countie
.
A
Justice
of
Peace
in
one
Countie
,
pursuing
a
felon
into
another
Countie
where
he
is
taken
,
he
shall
be
committed
to
the
goal
of
the
Countie
where
he
was
taken
.
Cozeners
and
Cozenage
.
Any
falsly
and
deceitfully
getting
in
possession
money
or
goods
of
other
mens
in
colour
of
false
privy
tokens
,
or
counterfeit
letters
,
and
convicted
thereof
at
Q.
Sessions
by
examination
of
witnesses
,
shall
suffer
any
corporall
punishment
except
death
.
33.
Hen.
8.
1.
Lam.
420.
426
,
505
,
516
,
536
,
550
,
572
,
588.
Cro.
83.
a.
130.
b.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
may
binde
over
to
the
next
Sessions
any
such
suspected
person
,
or
may
imprison
or
bail
them
,
untill
the
next
generall
Sessions
.
Dal.
37.
One
Justice
of
Peace
(
as
it
seemeth
)
may
binde
threatners
to
their
good
behaviour
,
so
to
the
Assizes
or
Sessions
,
or
send
them
to
the
house
of
correction
.
Dal.
48.
Edit.
1626.
Crosses
,
vide
Agnus
Dei
.
Crossebows
and
hand-guns
.
Every
person
may
attach
an
offender
against
the
statute
33.
Hen.
8.
6.
and
carrie
him
to
the
next
Justice
of
Peace
in
the
same
countie
.
Dal.
49.
The
Justice
upon
due
consideration
may
send
the
offender
to
the
goal
,
till
he
have
paid
the
penaltie
of
the
statute
of
33.
Hen.
8.
6.
The
particulars
of
the
said
Statute
.
None
under
an
100
pounds
per
annum
may
shoot
in
,
or
keep
gun
,
dag
,
pistol
,
crossebow
,
or
stonebow
,
No
person
may
shoot
in
,
carry
,
keep
,
use
,
or
have
any
gun
under
three
quarters
of
a
yard
in
length
:
if
it
be
shorter
,
every
one
having
an
100
pound
per
annum
may
seize
the
gun
,
and
must
break
it
,
or
lose
40
shill.
if
he
break
it
not
within
twentie
dayes
,
Lam.
454
,
462.
but
may
keep
the
crossebow
or
stonebow
.
Dal.
49.
No
person
not
having
an
100
pound
per
annum
,
may
carrie
in
his
journey
any
gun
charged
,
or
bow
bent
,
but
onely
in
time
and
service
of
warre
,
or
going
to
the
musters
.
None
may
shoot
in
a
gun
near
to
a
market
town
,
but
in
defence
of
his
house
or
person
,
or
at
a
but.
The
master
may
not
command
the
servant
to
shoot
,
except
at
a
but
or
bank
of
earth
,
or
in
warre
.
Exceptions
out
of
the
Statute
.
1
Shooting
at
a
but
or
bank
of
earth
by
servingmen
,
whose
masters
are
inabled
by
statute
.
2
Inhabitants
of
market
towns
.
3
Dwellers
alone
,
or
neare
the
sea-side
.
4
Gunmakers
or
gunsellers
.
5
Those
that
have
placards
may
shoot
according
to
their
placards
.
Dal.
49
,
50.
Any
under
the
value
of
100
pound
per
annum
licensed
to
shoot
in
crossebow
or
hand-gun
,
is
to
present
his
name
to
the
next
Justice
,
by
him
to
be
presented
and
recorded
at
the
next
Qu.
Sessions
,
or
else
the
Justice
to
lose
20
shillings
.
2.
Ed.
6.
14.
Lam.
296
,
299.
Quaere
if
this
be
now
in
use
.
Lam.
330.
Any
licensed
at
Q.
Sessions
to
shoot
in
hand-gun
or
birding-piece
for
hawks
meat
,
is
to
shoot
onely
at
fowl
not
prohibited
,
and
to
be
bound
in
20
pound
.
1.
Jac.
27.
Any
two
Iustices
of
Peace
may
commit
to
the
goal
for
3
moneths
any
that
shoot
with
gunne
on
bow
at
any
Partridge
,
Phesant
,
house
Dove
,
Mallard
,
or
at
such
fowl
,
or
at
any
Hare
.
1.
Jac.
27.
Custos
Rotulorum
.
Custos
Rotulorum
hath
the
custodie
of
the
Records
and
of
the
Commission
,
and
ought
to
see
that
they
be
brought
to
the
Sessions
.
Lam.
371
,
373.
Lam.
387.
Custos
Rotulorum
is
alwayes
a
Iustice
of
Quorum
.
Lam.
371
,
372.
Custos
Rotulorum
alone
cannot
summon
a
Sessions
,
seeing
that
he
hath
no
more
authoritie
in
that
behalf
then
any
of
his
fellows
hath
.
Lam.
367.
Lam.
382.
Cutpurse
.
Taking
of
the
goods
of
another
to
the
value
of
12
pence
from
his
person
into
his
own
possession
without
assault
or
fear
,
is
felonie
without
Clergie
.
18.
Elis
.
4.
Lam.
267
,
271
,
401
,
405
,
534
,
547.
Lam.
270.
Dal.
229.
But
it
will
not
amount
to
felonie
unto
death
,
unlesse
the
thing
taken
be
of
the
value
of
12
pence
.
Lam.
270.
Dal.
quaere
.
The
thief
must
have
an
actuall
possession
of
the
thing
severed
from
the
person
of
the
owner
.
Lam.
271.
Dal.
229.
Cro.
35.
a.
Cutting
out
of
tongues
.
Cutting
out
of
tongues
and
putting
out
of
eyes
is
felonie
,
if
it
be
done
of
set
purpose
.
5.
H.
4.
5.
Lam.
400
,
404.
Lam.
420.
Cutting
of
a
pond
head
.
Destroying
of
the
head
or
damme
of
any
pond
,
moat
,
sluce
,
or
severall
pit
wherein
fishes
are
put
by
the
owner
thereof
,
or
have
wrongfully
fished
in
any
of
the
same
,
to
the
intent
to
take
away
the
fish
against
the
owners
will
.
5.
E.
21.
Lam.
424.
Lam.
446.
Ecclesiasticall
causes
and
persons
.
ECclesiasticall
persons
subject
to
arrest
for
the
Peace
,
but
when
they
be
attendant
on
divine
service
.
Lam.
88
,
95.
Lamb.
93.
Dal.
294.
Vide
plus
Treason
.
Egges
of
wilde
fowl
.
Egges
of
any
wilde
fowl
usually
eaten
,
taken
from
the
place
where
they
were
layed
,
or
destroyed
betwixt
the
first
of
March
and
the
last
of
Iune
,
one
yeares
imprisonment
,
and
lose
after
a
rate
for
each
egge
.
25.
H.
8.
11.
3.
E.
6.
3.
Lam.
429
,
435.
Lam.
453.
To
take
away
the
egges
of
any
Hawk
out
of
the
woods
or
ground
of
any
other
person
,
three
moneths
imprisonment
,
and
bound
to
his
good
behaviour
for
7
yeares
.
5.
Elis
.
21.
Lam.
424.
Lamb.
446.
To
take
or
cause
to
be
taken
upon
his
own
or
other
mens
grounds
the
egges
of
any
Falcon
,
Goshawk
,
Lanner
,
or
Swan
,
one
yeare
and
a
dayes
imprisonment
and
fine
.
11.
H.
7.
17.
Lam.
ibid.
Taker
or
willing
destroyer
of
egges
of
Partridge
,
Phesant
,
or
Swan
,
upon
conviction
by
confession
or
oath
of
two
witnesses
before
two
Iustices
of
Peace
,
where
the
offence
or
apprehension
is
,
to
be
imprisoned
three
moneths
,
unlesse
he
pay
to
the
Churchwardens
of
the
parish
in
one
of
the
places
to
the
use
of
the
poore
20
shill.
1.
Jac.
27.
Vide
plus
Partridges
,
Phesants
,
and
Fowlers
.
Egyptians
.
One
Iustice
of
Peace
may
within
one
moneth
after
the
arrivall
seize
all
the
goods
of
any
outlandish
persons
,
calling
themselves
Egyptians
,
that
shall
come
into
the
Realm
,
or
companie
with
them
,
or
disguise
themselves
like
them
,
and
keep
to
his
own
use
the
one
moytie
,
accounting
in
the
Exchequer
for
the
other
,
restoring
to
them
again
their
goods
that
prove
by
two
witnesses
that
they
were
craftily
or
feloniously
stoln
from
them
,
upon
pain
of
forfeiture
of
double
the
value
to
the
prover
.
22.
H.
8.
10.
Lamb.
183
,
200
,
232
,
255
,
355
,
357
,
407
,
412.
Dal.
38.
Lamb.
195
,
228
,
371
,
429.
After
the
moneth
it
is
felony
,
and
then
they
shall
have
the
whole
.
1.
&
2.
P.
&
M.
4.
Quaere
whether
the
stat.
22.
H.
8.
be
still
in
force
or
altered
by
the
statute
of
1.
&
2.
P.
&
M.
Embezeling
of
records
,
vide
Records
,
Embracer
,
vide
Maintainer
.
Enditements
.
Enditement
is
the
verdict
of
jurours
that
be
charged
to
inquire
of
that
offence
that
is
presented
by
them
.
ibid.
All
Enditements
ought
to
contain
certainty
,
and
therefore
five
principall
things
be
requisite
in
presentments
.
Lamb.
459.
Lamb.
487.
1
The
name
,
surname
,
and
addition
of
the
party
endited
.
2
The
yeare
,
the
day
and
place
in
which
the
offence
was
done
.
3
The
name
of
the
person
to
whom
the
offence
was
done
.
4
The
name
and
value
of
the
thing
in
which
the
offence
was
committed
.
5
The
manner
of
the
fact
and
the
nature
of
the
offence
,
as
the
manner
of
the
treason
,
murder
,
felony
,
or
trespasse
.
Lamb.
460
,
461.
Lamb.
487.
Enditement
of
the
accessary
to
folony
,
must
contain
the
name
of
the
principall
.
461
,
470.
Lamb.
488.
Misnamer
in
an
Enditement
shall
not
be
made
good
by
an
aliàs
dictus
.
Lamb.
463
,
472.
Lamb.
490.
Where
the
name
of
the
party
offended
cannot
be
known
,
it
may
be
cujusdam
ignoti
,
because
of
the
K.
advantage
thereby
by
forfeiture
.
Lamb.
467
,
476.
Lamb.
494.
Any
certainty
whereby
the
day
and
yeare
may
be
known
is
sufficient
.
Lamb.
464
,
473.
Lamb.
491.
An
offence
done
before
midnight
must
be
supposed
the
day
before
;
if
after
,
then
the
day
after
.
Lamb.
465
,
473
,
492.
One
striketh
one
day
,
whereon
he
languisheth
,
and
dieth
on
another
;
the
enditement
must
suppose
the
last
day
on
which
he
died
.
Lamb.
464
,
473.
Lamb.
491.
Enditement
supposing
the
fact
done
a
day
not
come
,
is
not
good
.
464
,
474.
Lamb.
492.
Enditement
or
presentment
for
an
omission
,
as
A
hath
not
scoured
such
a
sewer
,
needs
not
to
set
down
day
nor
yeare
.
Lamb.
465
,
474.
Lamb.
492.
Enditement
supposing
an
offence
done
at
two
severall
times
,
not
good
.
Lamb.
465
,
474.
L.
492.
Certainty
of
the
place
.
If
no
place
be
named
where
the
offence
was
done
,
or
a
place
be
named
,
whereas
in
truth
there
is
no
such
place
,
the
enditement
is
void
.
9.
H.
5.
1.
18.
H.
6.
12.
Lamb.
465
,
475.
Lamb.
493.
If
the
stroke
or
poysoning
be
in
one
county
,
and
the
death
in
another
county
,
the
enditement
in
the
county
where
the
death
is
shall
be
good
.
Lam.
466
,
475.
2
&
3.
Ed.
6.
24.
Lamb.
493.
Certainty
of
the
person
to
whom
the
offence
is
done
.
Lamb.
467.
Lamb.
494.
The
goods
of
a
Parson
of
a
Church
,
bona
Rectoris
.
The
goods
of
the
Church
,
Bona
Parochianorum
in
custodia
Gardianorum
.
The
goods
of
Maior
and
commonalty
,
and
the
Maior
dieth
before
the
enditement
,
bona
Communitatis
:
but
enquire
of
that
,
because
they
have
no
such
name
of
corporation
.
Goods
taken
in
a
mans
life
time
,
and
he
maketh
executour
and
dieth
,
bona
Testatoris
.
Goods
taken
after
his
death
,
Testatoris
in
custodia
executorum
.
Goods
hanging
over
a
Tombe
,
Executoris
.
A
Grave-stone
,
bona
Ecclesiae
.
My
goods
are
taken
by
a
trespasser
and
taken
from
him
again
,
the
enditement
shall
be
bona
of
him
that
had
the
last
possession
.
L.
468
,
478.
L.
496.
Of
the
owner
in
the
keeping
of
the
bayl
,
where
they
were
taken
from
the
bayly
.
L.
469
,
478
,
496.
Bona
Capellae
in
Custodia
,
or
bona
domûs
,
or
Ecclesiae
tempore
vacationis
,
is
good
.
Lamb.
ibid.
The
name
of
the
thing
must
be
comprised
.
L.
ib.
Bona
&
catalla
in
trespasse
or
felony
is
not
good
.
If
dead
things
,
it
may
be
bona
&
catalla
,
expressing
the
names
thereof
in
certainty
:
If
living
things
,
it
shall
not
say
,
bona
&
catalla
,
but
equum
,
bovem
,
ovem
,
&c.
ibid.
The
value
is
to
be
declared
in
felony
to
make
it
appeare
petty
larceny
;
in
trespasse
,
to
aggravate
the
fault
.
Enditement
of
things
ferae
naturae
,
as
Deere
,
Hares
,
Partridges
,
or
Phesants
,
is
not
good
,
unlesse
they
be
taken
in
a
park
or
a
warren
that
be
liberties
.
Lamb.
469.
Lamb.
497.
Charters
,
their
value
cannot
be
esteemed
.
ibid.
It
must
be
said
,
Pretii
.
Of
live
things
.
Lamb.
460
,
479.
Lamb.
497.
Of
dead
things
in
the
singular
number
,
ibid.
Of
things
that
go
by
weight
and
measure
,
470
,
479.
Lamb.
497.
Of
coyn
not
currant
,
ibid.
It
must
be
said
ad
valentiam
of
dead
things
in
the
plurall
number
not
going
by
weight
and
measure
.
Lamb.
469
,
479.
Lamb.
497.
Coyn
counterfeited
.
470
,
479.
Where
the
number
ought
to
be
expressed
,
as
of
the
taking
of
doves
in
a
dove-house
,
or
young
hawks
in
a
wood
,
there
it
must
be
pretii
or
ad
valentiam
.
Lamb.
469
,
479.
Lamb.
497.
Coyn
currant
carrieth
his
value
with
it
,
ibid.
The
very
manner
of
the
fact
,
and
the
nature
of
the
offence
ought
to
be
mentioned
.
Lamb.
470.
Nature
of
the
offence
.
Treason
must
have
Proditorié
.
Murder
Murdravit
,
which
implieth
ex
malitia
praecogitata
.
Lamb.
473
,
482.
Lamb.
500.
Burglarie
,
Burglariter
.
Felony
,
felonicé
,
ibid.
so
petty
larceny
,
felonicè
rapuit
.
Lamb.
473
,
483.
Lamb.
501.
Furatus
seemeth
good
without
felonicé
.
In
felonie
,
cepit
alone
,
or
ab
duxit
,
or
asportavit
.
Lamb.
475.
Lamb.
501.
In
trespasse
or
felony
the
words
contra
pacem
must
be
used
.
Lamb.
502.
In
forcible
,
vi
&
armis
.
ibid.
Upon
a
statute
,
contra
formam
statuti
hujusmodi
casu
editi
&
provisi
.
ibid.
Where
many
statutes
concern
one
offence
,
contra
formam
diversorum
statutorum
.
Where
after
an
acquittall
one
shall
be
endited
for
the
same
felony
.
Where
the
first
enditement
was
void
for
insufficiency
of
matter
of
felony
.
Lamb.
524
,
537.
Lamb.
556.
Tryall
in
a
wrong
county
,
ibid.
Misprision
of
the
party
that
should
bring
the
action
.
Where
the
first
enditement
was
as
principall
,
the
second
enditement
as
accessary
to
the
same
felony
after
the
fact
:
Lamb.
505
,
538.
Lamb.
557.
Where
he
shall
not
be
again
endited
.
Where
the
enditement
was
good
.
Though
it
were
by
another
name
,
if
he
be
known
by
both
.
Lamb.
523
,
536.
Lamb.
555.
Though
it
suppose
the
same
felony
done
in
another
yeare
.
Lamb.
537.
Lamb.
556.
Though
the
processe
was
erroneous
,
ibid.
Enditement
taken
at
the
Sheriffes
turn
lawfully
taken
,
must
be
taken
by
the
Justice
and
by
them
received
.
1.
E.
4.
a.
Lamb.
476
,
487.
Lamb.
504.
No
enditement
can
be
taken
nor
enquiry
made
but
before
two
Justices
,
one
to
be
of
the
Quorum
.
Lamb.
49.
Enditement
upon
penall
statute
,
whereof
the
King
is
onely
to
reap
the
forfeiture
,
must
be
within
2
yeares
after
the
offence
.
And
where
a
common
person
is
,
it
must
be
within
one
yeare
,
except
the
statute
do
otherwise
direct
.
Lamb.
469.
Lamb.
487.
Enquirie
.
Justices
of
Peace
may
onely
enquire
and
can
proceed
no
further
,
as
in
1
Certain
offences
against
the
supremacy
23.
E.
1.
2
Treasons
,
and
misprisions
of
treason
,
made
by
the
23.
Elis.
1.
3
Offences
against
the
statute
of
false
rumours
against
the
K.
23.
Elis.
1.
Enquirie
of
a
forcible
entrie
,
vide
Forcible
entrie
.
Enquirie
by
presentment
,
vide
Presentment
.
Enquirie
by
examination
,
vide
Examination
.
Enquirie
by
information
,
vide
Information
.
Escapes
.
Constable
arresteth
one
that
hath
hurt
another
,
and
voluntarily
suffereth
him
to
escape
,
and
he
that
was
hurt
dieth
thereof
within
a
yeare
and
a
day
,
the
Constable
shall
make
a
fine
to
the
value
of
his
goods
,
but
it
is
no
felonie
.
Lam.
126
,
134.
To
suffer
a
felon
wilfully
to
escape
,
is
felonie
;
but
a
negligent
escape
onely
to
be
fined
.
1.
R.
3.
4.
Lam.
490.
Wilfull
escape
of
one
arrested
for
larcenie
,
manslaughter
per
fortunam
,
&
se
defendendo
,
is
not
felonie
,
Lam.
226
,
234.
Dal.
241.
Cro.
39
a.
if
the
act
were
not
felonie
at
the
time
of
the
escape
.
Lam.
230.
Wilfull
escape
by
the
goaler
or
keeper
of
a
felon
,
is
felonie
in
the
goaler
,
not
in
the
felon
:
if
the
escape
be
caused
by
a
stranger
,
it
is
felonie
.
Lam.
226
,
229.
233.
Escape
suffered
by
him
that
receiveth
a
known
felon
,
is
no
felonie
.
Lam.
226
,
230
,
234.
Vide
plus
Prisoners
.
To
suffer
one
to
escape
that
is
arrested
for
an
act
which
was
not
then
felonie
,
but
by
matter
consequent
fell
out
so
to
be
,
is
no
felonie
,
Lam.
234.
but
is
fineable
.
Dal.
241.
Cro.
39.
a.
Lam.
230.
A
prisoner
under
arrest
onely
escaping
,
the
escape
must
first
be
presented
before
he
that
suffered
the
escape
shall
answer
it
.
Dal.
242.
A
Justice
sendeth
for
a
felon
out
of
the
goal
,
and
freeth
him
without
bail
;
it
is
felonie
in
the
Justice
.
Dal.
ibid.
Cro.
39.
b.
A
Justice
pro
defectu
scientiae
baileth
one
not
bailable
,
it
is
but
a
negligent
escape
.
Dal.
242.
Cro.
39.
b.
Offender
upon
his
examination
before
a
Justice
confesseth
the
felonie
,
who
letteth
him
go
without
commitment
or
bail
;
it
is
a
voluntarie
escape
,
and
so
felonie
in
the
Justice
.
Dal.
260.
Cro.
39.
a.
A
town
not
walled
must
answer
the
escape
of
a
manslayer
in
the
day
time
.
Dal.
256.
Cro.
40.
b.
The
hundred
must
answer
for
a
man
slain
out
of
the
town
,
and
for
insufficiencie
the
countie
shall
be
charged
.
Dal.
ibid.
Goaler
or
other
officer
suffereth
his
prisoner
to
go
abroad
for
a
time
,
though
the
prisoner
return
as
he
was
prescribed
,
or
let
his
prisoner
go
by
bail
or
baston
;
it
is
a
negligent
escape
,
and
fineable
:
but
Quaere
,
for
prisoners
ought
to
be
kept
in
salva
&
certa
custodia
.
Dal.
240.
Voluntarie
escape
of
one
arrested
or
committed
for
felonie
,
is
felonie
in
the
goaler
;
if
for
treason
,
it
is
treason
;
if
for
trespasse
,
it
is
trespasse
.
Dal.
241.
A
thief
being
in
the
custodie
of
the
Constable
,
doth
suddenly
hang
,
drown
,
or
kill
himself
;
it
is
a
negligent
escape
.
Dal.
270.
Escheators
.
Escheator
,
other
then
those
of
a
citie
or
borough
,
that
takes
upon
him
the
office
,
not
having
lands
in
the
shire
of
20
pounds
per
annum
,
or
for
life
at
least
,
or
that
hath
sold
or
set
to
farm
the
office
to
one
for
whom
he
will
not
answer
,
and
whose
name
he
doth
not
certifie
within
●0
dayes
into
the
Exchequer
,
shal
be
fined
40
pound
.
33.
H.
8.
22.
Lam.
409
,
414
,
429.
Escheator
taking
for
execution
of
any
writ
in
any
countie
above
40
shill.
or
40
shill.
where
the
land
is
not
held
in
capite
,
shall
be
fined
40
shill.
23.
H.
6.
17.
Lam.
410
,
414
,
430.
Escheator
taking
above
15
shill.
for
finding
out
an
office
not
exceeding
five
pounds
a
yeare
,
loseth
5
pounds
.
33.
H.
8.
22.
Lam.
410
,
415
,
430.
Evesdroppers
.
Evesdroppers
which
shall
by
night
evesdrop
mens
houses
,
are
to
be
bound
to
the
good
behaviour
.
Dal.
161.
Evidences
.
Justice
of
Peace
must
binde
over
informers
for
felonie
to
appeare
and
give
evidence
against
the
felon
at
the
next
generall
goal-deliverie
.
Dal.
39.
Justice
of
Peace
must
binde
such
as
declare
any
thing
materiall
to
prove
the
felonie
,
to
appeare
at
the
next
goal-deliverie
,
and
give
evidence
.
Dal.
259
,
261.
Examination
taken
by
a
Justice
of
Peace
in
one
countie
,
may
be
certified
into
another
countie
,
and
there
read
and
given
in
evidence
.
Dal.
264.
Estreats
.
Estreats
are
the
extracts
of
fines
,
forfeitures
,
and
amerciaments
made
by
the
Clerk
of
the
Peace
by
indentures
,
the
one
delivered
to
the
Sheriffe
,
the
other
to
the
Barons
of
the
Exchequer
.
Lam.
59●
.
Lam.
548
,
562.
Estreats
of
the
penaltie
for
shooting
in
gunnes
,
are
to
be
recorded
and
sent
into
the
Exchequer
by
the
Justice
that
had
the
examination
of
the
matter
.
Lam.
292
,
295
,
297.
Sheriffe
or
his
minister
that
shall
levie
any
of
the
Kings
debts
,
without
shewing
the
partie
the
estreats
under
the
Exchequer
seal
,
shall
be
sined
and
pay
treble
damages
to
the
partie
.
24.
E.
3.
9.
7.
H.
4.
13.
Lam.
411
,
416
,
432.
He
that
estreateth
issues
of
others
then
were
chargeable
or
charged
,
loseth
five
marks
to
the
King
27.
El.
7.
Lam.
413
,
417
,
432.
Examination
.
Felon
brought
before
a
Justice
,
must
be
examined
before
he
be
committed
to
prison
,
and
the
information
of
those
that
bring
him
must
be
put
in
writing
within
two
dayes
after
,
and
the
party
bound
to
appeare
and
give
evidence
at
the
next
goal-delivery
.
2.
and
3.
Ph.
&
Mar.
Lam.
196
,
207
,
212.
Before
the
statute
,
the
examination
of
a
felon
was
not
warranted
at
the
Common
law
;
for
nemo
tenetur
prodere
seipsum
.
ibid.
but
the
offender
shall
not
be
examined
upon
oath
.
Dal.
264.
Circumstances
observable
in
examination
of
a
felon
.
Lam.
202
,
213.
Dal.
260.
Lam.
218.
In
what
offences
conviction
shall
be
by
examination
,
vide
the
severall
offences
.
Conviction
cannot
be
by
examination
onely
,
but
where
the
statute
giveth
it
,
either
by
referring
it
to
the
discretion
of
the
Justices
,
or
specially
limitting
it
,
Lam.
504
,
515
,
534.
Where
the
statute
limitteth
conviction
to
be
by
examination
generall
,
a
Iustice
of
Peace
may
examine
as
well
the
offenders
as
witnesses
.
Lam.
505
,
517
,
535.
Where
the
examination
of
a
Iustice
of
Peace
is
the
conviction
of
the
partie
,
it
ought
to
be
upon
oath
:
but
when
it
is
but
to
inform
the
Jurie
upon
that
enditement
,
it
needs
not
.
ibid.
Lam.
536.
Examination
of
witnesses
is
to
be
taken
as
well
against
as
for
the
King
,
Dal.
265.
but
Quaere
whether
it
may
be
upon
oath
,
which
maketh
against
the
King
.
Confession
of
an
offender
before
a
Iustice
of
Peace
is
not
conviction
,
except
he
confesse
the
same
again
upon
his
triall
or
arraignement
.
Dal.
268.
Extolling
forrain
power
,
vide
Treason
.
Extortion
.
Ordinarie
,
Archdeacon
,
Officiall
,
Sheriffe
,
Escheator
,
Coroner
,
Under-Sheriffe
,
Bailiffe
,
Goaler
,
or
other
officer
,
that
by
colour
of
his
office
taketh
more
then
his
fee
,
or
any
fee
or
reward
for
expedition
,
or
unlawfully
exacteth
any
oath
or
other
undue
thing
.
Lam.
409
,
414
,
434.
Any
thing
taken
colore
officii
,
is
extortion
;
but
virtute
officii
is
allowable
.
Cro.
57.
b.
The
Sheriffe
or
Goaler
taking
any
thing
of
a
Constable
for
bringing
a
felon
to
the
goal
,
it
is
extortion
,
4.
E.
3.
9.
loseth
10
pounds
.
Cro.
a.
58.
b.
If
the
Ordinarie
or
his
minister
take
any
thing
to
allow
a
Schoolmaster
to
teach
children
.
23.
Elis
.
1.
Cro.
58.
a.
The
Marshall
detaining
a
prisoner
after
he
is
discharged
by
the
Court
,
for
any
thing
due
to
him
but
his
fees
.
Cro.
ibid.
The
Ordinarie
citing
a
lay
person
to
appeare
in
the
Spirituall
court
to
depose
there
as
a
witnesse
.
Cro.
59.
b.
Vide
plus
Fees
.
A
man
prescribeth
to
have
4
pence
of
every
one
whose
beasts
are
taken
in
his
ground
damage
fesant
being
impounded
,
and
to
make
amends
to
him
at
his
will
,
it
is
extortion
if
he
take
it
.
Cro.
58.
b.
To
take
any
thing
for
a
mortuarie
,
contrarie
to
the
statute
,
21.
H.
8.
6.
where
the
goods
come
not
to
20
nobles
besides
debts
,
or
for
married
woman
or
infant
,
or
one
that
keeps
no
house
,
or
way
faring
man
,
or
any
that
is
not
resident
where
he
dyed
,
is
extortion
.
Cro.
59.
a.
Faires
and
Markets
.
HE
that
keepeth
a
faire
or
market
in
a
Church-yard
,
shall
be
fined
.
Stat.
Wint.
13.
Elis
.
1.
Lam.
404
,
419.
Lamb.
339.
False
imprisonment
,
vide
Arrest
.
False
takers
,
vide
Cozeners
.
Fees
.
The
Sheriffe
shall
have
upon
arrest
by
bill
,
〈◊〉
,
or
warrant
,
20
pence
;
the
Bayliffe
that
maketh
the
arrest
,
4
pence
;
the
goaler
,
if
he
be
committed
,
4
pence
;
and
for
the
obligation
4
pence
,
and
no
more
on
pain
of
40
pound
.
23.
H.
6.
10.
Cro.
58.
b.
176.
b.
Bayliffes
of
liberties
are
to
have
like
fees
as
the
Sheriffes
and
their
ministers
have
out
of
liberties
,
and
like
punishment
for
extortion
.
Lam.
334.
27.
H.
8.
24.
Lam.
413
,
418.
Cro.
ibid.
Clerk
of
the
Peace
to
be
fined
,
For
taking
above
12
pence
for
inrolling
a
bargain
and
sale
of
lands
not
exceeding
40
shillings
a
yeare
,
or
7
shill.
6
pence
if
it
do
exceed
40
shill.
a
yeare
.
27.
H.
8.
16.
Lam.
415
,
420.
and
the
Iustice
of
Peace
the
like
for
taking
above
the
said
summes
in
the
said
cases
.
Cro.
59.
a.
Lam.
436.
For
taking
above
12
pence
for
recognizance
of
one
that
taketh
a
rogue
into
his
service
for
a
yeare
.
14.
Elis.
5.
ibid.
For
taking
above
2
shillings
for
a
license
and
recognizance
of
a
Badger
,
Drover
,
Lader
,
or
Kidder
,
and
registring
the
license
.
5.
Elis.
12.
ibid.
For
taking
above
12
pence
for
a
license
and
recognizance
to
shoot
Hawks
meat
.
1.
Jac.
27.
Clerk
of
a
Iustice
of
Peace
to
be
fined
for
taking
above
12
pence
for
a
recognizance
of
Alchouse-keeper
.
5.
E.
6.
25.
Lam.
436.
Coroner
refusing
to
do
his
office
of
one
slain
by
misadventure
without
fees
,
loseth
40
shillings
.
1.
H.
8.
7.
Lam.
413
,
418.
Lam.
434.
Coroner
taking
above
13
shillings
4
pence
for
doing
his
office
of
one
slain
and
murdered
,
of
the
goods
of
the
slain
;
if
he
have
none
,
of
the
town
where
he
was
slain
in
the
day
,
and
was
suffered
to
escape
.
3.
H.
7.
1.
Lam.
ibid.
Maiors
to
have
for
sealing
Bushels
and
other
measures
,
a
penie
.
Weights
,
viz.
a
hundred
weight
,
1
penie
;
half
a
hundred
,
a
half
penie
;
lesse
,
a
farthing
;
and
taking
above
,
they
lose
40
shill.
7.
H.
7.
3.
11.
H.
7.
4.
Lam.
416
,
421.
Lamb.
437.
Parson
,
Vicar
,
or
Curate
taking
above
4
pence
for
entring
into
the
Church-book
license
to
eat
flesh
on
fish-dayes
.
5.
Elis.
5.
Or
above
2
pence
for
registring
a
Testimoniall
of
any
servant
going
from
one
place
to
another
.
5.
Elis
.
4.
Lamb.
414
,
419.
Lamb.
435.
Ordinarie
or
his
scribe
or
register
,
that
hath
taken
more
for
the
probate
of
a
testament
or
letters
of
administration
then
6
pence
for
the
scribe
for
writing
the
probate
of
the
testament
that
shall
be
brought
written
in
parchment
,
and
6
pence
for
the
administration
where
the
goods
be
not
above
5
pound
;
if
above
5
pound
,
not
above
40
pound
,
then
2
shill.
6
pence
for
the
Ordinarie
,
and
12
pence
for
the
scribe
;
if
above
40
pound
,
2
shill.
6
pence
for
the
Ordinarie
,
and
2
shillings
6
pence
for
the
scribe
,
or
1
penie
for
every
10
lines
10
inches
in
length
at
the
scribes
election
;
and
the
like
for
every
copie
of
a
testament
or
inventorie
,
or
else
after
the
rate
of
the
lines
as
before
,
loseth
10
pound
and
so
much
as
is
taken
to
the
partie
.
21.
H.
8.
5.
Lamb.
413
,
414.
Cro.
61.
a.
Lam.
434.
Escheators
fees
,
vide
Escheators
.
Receiver
,
Treasurer
,
or
minister
of
the
King
,
that
taketh
of
any
that
fee
or
pension
of
the
King
,
other
fee
then
is
given
by
ancient
laws
and
statutes
,
viz.
4
pence
for
payment
of
every
summe
,
forfeiteth
6
shill.
8.
pence
.
35.
H.
8.
7.
E.
6.
1.
Cro.
58.
a.
Taking
above
4
pence
for
impounding
one
distresse
,
loseth
20
pound
.
1.
&
2.
P.
&
M.
12.
Felo
de
se
.
A
man
that
kills
himself
,
either
with
a
mediated
hatred
against
his
own
life
,
or
out
of
distraction
or
other
humour
,
is
felo
de
se
,
and
forfeiteth
his
goods
reall
and
personall
Chattels
to
the
King
,
and
debts
due
upon
specialtie
,
but
not
upon
simple
contract
or
without
specialtie
.
Dal.
208.
An
infant
or
non
compos
mentis
killing
himself
,
doth
not
forfeit
,
but
a
lunatick
doth
.
Dal.
ibid.
Lam.
240
,
243.
Lamb.
427.
All
his
goods
shall
be
forfeited
which
he
had
at
the
time
of
the
blow
given
,
but
not
till
his
death
be
presented
and
found
of
Record
.
Dal.
ibid.
He
forfeiteth
no
lands
,
nor
is
his
bloud
corrupted
.
Dal.
ibid.
The
inquirie
of
felo
de
se
belongeth
to
the
Coroner
:
but
if
the
Coroner
cannot
have
sight
of
his
body
,
as
being
cast
into
the
sea
,
or
secretly
buryed
,
the
Justices
of
Peace
may
inquire
thereof
,
and
a
presentment
before
them
intituleth
the
King
to
his
goods
.
Dal.
ibid.
Cook
5.
110.
Felonie
.
Felonies
are
either
by
the
-
Common
law
.
-
Statute
law
.
By
the
common
law
all
kinde
of
homicide
not
warranted
,
Burglarie
;
the
stat.
burning
of
houses
,
rescous
,
and
escapes
.
Dal.
207.
Vide
their
severall
titles
.
Felonies
by
statute
.
The
K.
sworn
servant
conspiring
to
destroy
the
K.
or
any
Lord
of
the
Realm
,
or
any
sworn
to
the
Kings
Councel
,
or
the
steward
,
Treasurer
,
or
Controller
of
the
Kings
houshold
.
3.
H.
7.
14.
Dal.
239.
Breaking
of
prison
by
one
being
therein
for
felony
,
or
a
prisoner
for
felony
.
1.
E.
2.
de
prisonam
frangent
.
Dal.
ibid.
And
if
he
scape
going
to
the
goal
.
Cro.
49.
b.
If
under
arrest
for
felony
or
suspicion
,
whether
in
the
goal
or
out
,
it
is
breaking
of
prison
.
1.
E.
3.
17.
Cro.
38.
a.
P.
&
M.
147.
A
stranger
breaketh
the
prison
,
or
openeth
the
stocks
,
or
makes
rescons
of
one
imprisoned
or
arrested
for
felony
,
who
escapeth
;
it
is
felony
in
them
both
.
Dal.
239.
Cro.
38.
1.
H.
8.
7.
6.
Quaere
if
a
stranger
disturb
the
arresting
of
a
felon
.
Dal.
ibid.
Rescuing
a
prisoner
going
to
execution
,
is
felony
.
Dal.
ibid.
Goaler
,
Constable
,
or
other
,
having
a
prisoner
under
arrest
for
felony
,
voluntarily
suffereth
him
to
escape
;
it
is
felony
onely
in
him
that
sufferet●…
the
escape
.
Dal.
ibid.
If
the
prisoner
escape
by
negligence
of
his
keeper
,
it
is
felony
onely
in
the
prisoner
.
Dal.
ibid.
Escape
before
arrest
,
is
no
felony
,
but
the
officer
may
be
indited
and
sined
.
D.
239.
L.
230.
Cro.
39.
a.
Buggery
with
mankinde
or
beast
.
Burning
of
houses
or
stacks
of
corn
.
Congregations
and
confederacies
holden
by
masons
.
Cutting
out
of
tongues
or
putting
out
of
eyes
.
Cutting
pond
,
dike
,
or
bank
in
Marsh-land
.
Conjuration
or
invocation
of
evill
spirits
.
1.
Jac.
12.
Consultation
with
an
evill
spirit
,
&c.
Vide
1.
Jac.
12.
Embezelling
the
K.
ordnance
,
armour
,
&c.
to
the
value
of
20
shill.
though
at
severall
times
.
31.
El.
4.
Embezelling
of
any
record
,
writ
,
&c.
8.
H.
6.
12.
Rasing
of
a
record
.
1.
R.
3.
9.
These
two
belong
not
to
J.
of
P.
Forging
of
evidences
,
&c.
the
second
time
.
5.
El.
12.
Goaler
enforcing
his
prisoner
to
become
an
approver
.
Hawks
embezelled
and
not
brought
to
the
Sheriffe
.
Hawks
concealed
or
stollen
from
the
owner
.
Hunting
Deere
or
Conies
in
the
night
,
&
upon
examination
concealing
the
offence
,
or
disobeying
the
arrest
for
such
offence
.
Taking
a
tame
beast
or
other
thing
in
a
park
by
way
of
robbery
.
Marrying
a
second
husband
or
wife
,
the
first
living
.
1.
Jac.
11.
Multiplication
of
gold
or
silver
.
Infected
with
the
plague
,
going
into
company
contrary
to
command
.
1.
Jac.
31.
Wilfull
poysoning
,
if
the
party
die
within
a
yeare
and
a
day
after
.
To
receive
,
relieve
,
or
maintain
Popish
priests
:
Recusants
refusing
to
abjure
or
return
after
departure
.
Purveyour
taking
for
the
Kings
house
any
thing
above
12
pence
,
1
Without
warrant
under
the
great
seal
.
Vide
Dal.
278.
Edit.
1626.
2
Buying
any
thing
in
any
other
manner
then
is
contained
in
their
warrant
.
3
Taking
any
carriage
in
any
other
manner
then
is
comprised
in
their
commission
.
4
Shall
carry
away
any
thing
against
the
owners
will
,
without
paying
or
agreeing
for
the
same
.
5
Shall
not
make
his
provision
and
purveyance
by
the
testimony
and
apprizement
by
the
Constable
and
4
neighbours
sworn
,
if
the
purveyour
&
owner
cannot
agree
,
and
shall
not
deliver
tales
or
indentures
sealed
with
his
seal
testifying
the
same
.
6
Or
shall
take
more
victuals
or
carriages
then
he
shall
deliver
unto
the
Kings
house
.
7
Or
take
sheep
in
wooll
betwixt
Easter
and
Midsummer
at
small
prices
,
or
more
then
be
sufficient
for
the
K.
house
,
and
carry
them
to
his
own
and
shear
them
.
In
every
of
these
cases
it
seemeth
to
be
felony
in
such
purveyour
,
their
deputy
and
servants
.
A
charter
of
any
subject
or
officer
taking
any
thing
against
the
owners
consent
,
and
not
paying
presently
.
36.
E.
3.
6.
Incorrigible
rogues
banished
the
Realm
,
and
returning
without
license
.
39.
E.
4.
Robbing
house
,
barn
,
or
stable
in
the
day
to
the
value
of
5
shill.
though
no
body
be
within
,
39.
El.
15.
no
Clergie
.
Robbing
any
house
by
day
or
by
night
,
any
person
being
therein
,
and
thereby
put
in
fear
,
ibid.
without
Clergie
.
Robbing
any
person
in
part
of
his
dwelling
,
any
of
his
houshold
being
within
,
ib.
without
Clergie
.
To
rob
any
Booth
in
faire
or
market
,
any
thing
thereto
belonging
being
within
,
sleeping
or
waking
,
ibid.
sans
Clergie
.
Servant
(
other
then
an
apprentice
)
to
whom
money
,
goods
,
or
chattels
,
&c.
are
delivered
to
keep
by
master
or
masters
to
the
value
of
40
shill.
do
go
away
therewith
or
convert
them
to
his
own
use
,
to
the
intent
to
sell
the
same
or
defraud
his
master
or
masters
.
21.
H.
8.
7.
5.
El.
10.
Dal.
231.
Souldiers
going
out
of
the
Realm
to
serve
a
forrain
Prince
,
not
having
first
taken
the
oath
of
alleagiance
.
3.
Jac.
4.
A
gentleman
or
of
higher
degree
,
Captain
,
or
other
officer
in
camp
going
to
serve
a
forrainer
before
he
is
bound
with
2
sureties
to
the
K.
not
to
be
reconciled
to
the
Pope
,
&c.
nor
to
make
nor
consent
to
any
conspiracy
against
the
K.
3.
Jac.
4.
Souldiers
having
taken
presse-money
,
not
going
with
their
Captain
;
or
being
in
service
,
departing
without
license
.
18.
H.
6.
19.
Mariners
and
gunners
taking
presse-money
to
serve
the
King
,
and
departing
without
license
.
5.
El.
5.
Souldiers
and
mariners
which
settle
not
themselves
to
some
good
course
of
life
,
but
wander
idlely
.
39.
Elis.
17.
Souldiers
and
mariners
landing
,
and
not
having
a
testimoniall
from
some
Justice
of
Peace
neare
their
landing
.
ibid.
2.
Or
exceeding
the
time
limitted
,
wilfully
,
14
dayes
,
Vide
43.
El.
3.
that
they
shall
be
punished
as
rogues
.
3
Or
forge
or
have
forged
testimoniall
,
knowing
it
to
be
forged
.
4
Or
being
contained
in
service
after
arraignement
,
doth
depart
within
the
yeare
without
the
masters
license
.
39.
Elis.
17.
Transporting
live
sheep
,
the
2
offence
is
felony
.
8.
Elis.
3.
Ravishing
a
woman
with
force
,
though
consenting
afterward
,
13.
E.
1.
133.
All
abbettours
in
rape
and
principalls
.
Dal.
248.
Cro.
47.
b.
To
ravish
a
harlot
against
her
will
,
is
rape
.
ibid.
To
take
any
maid
,
widow
,
or
wife
having
lands
or
goods
,
or
being
heire
apparent
to
her
ancestour
,
against
her
will
,
unlawfully
.
And
to
receive
any
knowing
them
,
or
to
procure
and
abbet
the
same
.
3.
H.
7.
1.
Dal.
Cro.
ibid.
To
abuse
a
woman
carnally
under
ten
yeares
of
age
.
18.
Elis.
6.
To
take
a
mans
wife
with
her
husbands
goods
against
her
will
,
or
her
husbands
,
West
.
2.
34.
Dal.
248.
Cro.
35.
Feloniously
to
take
goods
out
of
any
Church
or
Chappel
.
Lam.
400.
A
woman
delivered
of
a
bastard
,
doth
by
drowning
or
secret
burying
thereof
by
her self
or
other
conceal
the
death
thereof
,
so
that
it
may
not
come
to
light
;
if
it
were
dead
born
or
alive
,
it
is
murder
in
the
mother
,
except
she
can
prove
by
one
witnesse
that
the
childe
was
born
dead
.
2.
Jac.
17.
To
acknowledge
any
fine
,
recovery
,
deed
inrolled
,
statute
,
recognizance
,
bayl
,
or
judgement
in
the
name
of
another
not
privie
to
the
same
,
i●
felonie
without
Clergie
.
21.
Jac.
26.
Felonie
of
his
own
goods
,
vide
Theft
.
Fewell
.
One
Justice
of
Peace
may
set
on
the
Pillorie
in
the
next
market
town
to
the
place
of
offence
,
any
person
convicted
of
breaking
the
assize
of
fewell
,
and
not
able
to
pay
the
forfeiture
,
there
to
be
at
11
of
the
clock
on
the
market
day
with
a
billet
or
faggot
bound
to
some
part
of
his
body
.
Quaere
whether
one
Justice
may
convict
him
alone
.
7.
E.
6.
7.
Lam.
184
,
201.
Lam.
296.
Fines
.
Fine
taketh
his
name
of
the
Latine
finis
,
for
that
it
maketh
an
end
with
the
King
for
the
imprisonment
laid
upon
the
offender
for
the
offence
committed
against
him
.
Lam.
541.
Lam.
574.
Upon
payment
of
the
fine
,
or
upon
pledges
found
a
Recognizance
to
pay
it
,
the
offender
ought
to
be
delivered
.
Lam.
ibid.
The
assignement
of
fine
belongeth
to
the
Justices
before
whom
the
conviction
is
lawfully
had
.
Lam.
543
,
576.
Stander
by
when
a
man
was
slain
,
is
to
be
imprisoned
till
he
make
his
fine
,
because
he
did
not
his
best
to
attach
the
murderer
:
so
of
other
felonies
.
Lam.
124
,
135
,
285
,
288.
Lam.
132
,
289.
Fine
upon
a
forcible
entrie
or
detainer
upon
offenders
convicted
of
Record
by
a
Justice
of
Peace
,
and
by
him
committed
to
the
goal
,
shall
be
assessed
by
the
same
Iustice
,
and
upon
bonds
with
sureties
he
may
enlarge
them
.
Tamen
Quaere
and
estreat
it
,
and
send
it
into
the
Ezchequer
,
162.
but
it
is
best
to
leave
the
fine
to
the
discretion
of
the
Kings
bench
.
Lam.
150.
163.
Lam.
159.
Dal.
43.
Upon
conviction
for
offences
,
where
no
fine
certain
is
limitted
,
no
fine
can
be
assessed
till
the
offender
be
brought
in
by
Capias
pro
fine
,
or
otherwise
,
unlesse
it
be
for
Alehouses
and
high-wayes
.
Lam.
540
,
554.
Lam.
573.
Where
any
statute
speaketh
of
fine
and
ransome
,
the
ransome
ought
to
be
at
least
treble
the
fine
.
Lam.
542
,
556
,
575.
Where
the
statute
maketh
an
offence
fineable
in
generall
terms
,
or
at
the
Kings
will
,
the
Iustices
of
Peace
before
whom
the
conviction
is
had
,
may
assesse
the
fine
,
543
,
●57
.
which
is
fittest
to
be
done
in
open
Sessions
.
Lam.
544
,
558
,
576.
Fines
upon
the
statute
of
tyles
,
of
crossebows
,
and
of
alehouses
,
by
expresse
words
of
the
statute
may
not
be
altered
.
Lam.
545
,
559
,
578.
Fines
must
be
reasonable
and
just
,
according
to
the
qualitie
of
the
offence
.
34.
E.
3.
1.
Lam.
544
,
558
,
577.
After
one
is
taken
by
a
Capias
pro
fine
,
the
iustices
of
Peace
are
to
assesse
the
fine
by
their
discretion
,
and
to
deliver
the
partie
.
Lam.
541
,
554
,
574.
Fines
of
rioters
,
vide
Riots
.
Fines
of
Brewer
,
Baker
,
Tipier
,
vide
Assize
of
bread
.
Fish
.
Stealers
of
fish
out
of
ponds
,
and
curters
of
ponds
heads
,
are
to
be
bound
to
the
good
behaviour
,
and
3
moneths
imprisonment
.
5.
El.
21.
Lam.
12●
,
424
,
429
,
446.
If
any
cast
nets
into
waters
by
which
the
frie
of
fish
may
be
taken
,
or
take
Salmons
betwixt
the
nativitie
of
Marie
and
S.
Martin
,
or
young
Salmons
betwixt
the
midst
of
April
and
Midsummer
,
one
Iustice
may
punish
them
for
the
first
offence
,
by
burning
their
nets
and
engines
;
for
the
second
,
by
three
moneths
imprisonment
;
for
the
third
,
by
one
yeares
imprisonment
;
and
for
any
of
them
,
by
fine
at
the
discretion
of
the
Iustice
.
17.
R.
2.
9.
Lam.
134
,
179
,
430
,
436
,
557.
Lam.
190
,
454
,
576.
Forfeitures
upon
the
statute
,
3.
Jac.
12.
Where
any
offence
is
committed
,
in
destroying
the
spawn
or
brood
of
sea-fish
,
a
fine
may
be
levied
by
distresse
and
sale
of
the
offenders
goods
,
by
warrant
from
one
Justice
of
Peace
to
the
Constables
or
Churchwardens
.
3.
Jac.
12.
He
that
shall
be
preaching
,
teaching
,
writing
,
or
shall
notifie
upon
open
speech
,
that
the
eating
of
fish
,
or
forbearing
of
flesh
upon
any
dayes
now
usually
observed
for
fish-dayes
,
is
for
necessitie
of
salvation
of
souls
,
or
is
the
service
of
God
otherwise
then
other
publick
laws
be
,
shall
be
punished
as
spreaders
of
false
news
are
and
ought
,
&c.
5.
El.
5.
2.
Jac.
25.
Lam.
442.
Any
publishing
that
eating
of
flesh
on
fish-dayes
is
necessarie
to
salvation
,
or
otherwise
then
as
a
politick
law
,
is
to
be
imprisoned
.
5.
El.
5.
Lam.
425
,
426
,
442.
Any
except
aged
,
sick
,
with
childe
,
or
licensed
,
eating
flesh
in
Lent
,
or
on
fish-dayes
,
loseth
20
shill.
and
one
moneths
imprisonment
.
5.
El.
5.
27.
Elis
.
11.
Lam.
433
,
458.
Taverners
,
inkeepers
,
common
tabling-house
,
tipler
,
or
alehouse-keeper
,
offending
against
the
statutes
,
5.
El.
5.
and
2.
Jac.
29.
Against
killing
,
dressing
,
and
eating
of
flesh
,
is
to
lose
the
flesh
,
and
the
penaltie
of
5.
Elis.
5.
which
is
5
pounds
.
1.
Jac.
29.
Lam.
458.
Forfeiture
upon
the
stature
,
1.
Jac.
29.
for
eating
of
flesh
,
except
such
as
be
taken
by
the
Justice
of
Peace
,
Maiors
,
Bailiffes
,
head-officers
or
Constables
,
are
to
be
equally
divided
betwixt
the
King
and
the
informer
.
1.
Jac.
29.
License
granted
to
sick
persons
to
eat
flesh
on
fish-dayes
,
shall
be
no
warrant
for
them
to
eat
beef
,
mutton
,
veal
,
pork
,
or
bacon
.
1.
Jac.
29.
Butcher
or
other
,
though
licensed
,
killing
in
Lent
to
sel
any
ox
,
beef
,
hog
,
calf
,
or
mutton
,
except
three
dayes
next
before
Easter
,
or
oxen
,
or
beef
for
victualling
of
ships
,
loseth
the
meat
or
value
.
1.
Jac.
29.
Justice
of
Peace
,
or
head-officer
of
corporations
,
or
Constables
of
towns
,
may
in
Lent
search
victuallers
houses
suspected
of
dressing
flesh
,
and
finding
any
flesh
,
beef
,
hog
,
calf
,
or
mutton
,
may
seise
on
it
,
and
give
it
to
the
poore
.
1.
Jac.
29.
Flax.
Forfeiture
due
to
the
informer
upon
the
statute
,
and
hemp
to
belevied
by
what
processe
the
Justice
will
.
24.
H.
8.
4.
Lam.
550
,
565
,
584.
Flesh
,
vide
Fish-dayes
.
Forrain
power
,
vide
Treason
.
Forrain
plea
,
vide
Triall
.
Force
.
Force
is
two-fold
.
Every
trespasse
in
judgement
of
law
is
a
force
,
and
the
action
may
be
,
Quare
vi
&
armis
.
Dal.
166.
Lam.
141.
That
which
is
properly
force
is
either
-
Manu
forti
,
or
-
Multitudine
.
Manu
forti
is
violence
offered
to
the
person
of
another
by
deed
or
word
.
Dal.
166.
By
deed
,
as
actuall
violence
,
or
to
be
furnished
with
offensive
weapons
not
usually
born
.
ibid.
Any
thing
which
a
man
taketh
in
his
hand
to
throw
it
at
another
,
may
be
said
to
be
armour
.
Cro.
74.
b.
Multitudine
,
when
there
be
two
or
three
in
a
companie
,
or
more
.
Dal.
167.
Forcible
entrie
.
Forcible
entry
must
be
an
actuall
entry
.
Dal.
168
If
one
or
more
come
weaponed
,
especially
with
weapons
unusually
worn
,
and
violently
enter
into
an
house
or
land
.
Dal.
167.
Lam.
134
,
135
,
145
,
147
Much
more
being
entred
,
if
he
or
they
offer
violence
,
or
fear
of
harm
to
any
in
possession
,
or
drive
any
out
of
possession
.
Dal.
ibid.
Lam.
142.
Many
come
to
do
a
force
,
and
one
onely
useth
force
,
all
are
guiltie
.
Dal.
172.
Lam.
134
,
143
,
146.
To
enter
peaceably
,
and
forcibly
to
put
out
another
.
Dal.
ibid.
Lam.
ibid.
To
enter
peaceably
,
and
after
to
offer
violence
,
threatnings
,
or
fear
of
harm
to
one
in
possession
,
with
intent
to
get
him
out
,
though
he
get
him
not
out
.
Dal.
ibid.
Lamb.
ibid.
Who
shall
be
said
to
enter
with
force
.
Entring
peaceably
,
and
saying
they
will
hold
although
they
die
for
it
.
Dal.
167.
Lam.
146.
To
enter
peaceably
with
weapons
not
usually
born
by
them
to
house
open
or
grounds
.
Dal.
ibid.
The
Master
entring
with
moe
servants
then
usuall
.
ibid.
A
trespasse
made
manu
forti
,
or
cum
multitudine
though
it
be
but
to
cut
or
take
away
another
mans
corn
,
grasse
,
or
goods
,
or
fell
or
crop
wood
,
or
to
do
any
other
trespasse
,
though
the
partie
be
not
put
out
of
possession
,
yet
it
seemeth
forcible
entry
punishable
by
the
statutes
:
but
otherwise
if
the
entry
be
peaceable
,
yet
it
is
disseising
with
force
.
Dal.
167
,
168.
Lam.
133
,
143
,
145.
To
enter
peaceably
,
and
after
entry
,
by
force
or
violence
to
cut
corn
,
grasse
,
wood
,
&c.
or
carry
away
anothers
goods
,
is
force
.
Dal.
168.
Cro.
70.
To
distrain
for
rent
due
or
not
due
with
force
,
doth
countervail
a
force
.
Dal.
ibid.
Lam.
144
Divers
enter
where
the
entrie
is
not
lawfull
,
and
all
save
one
demean
themselves
peaceably
,
and
one
onely
entreth
with
force
,
or
after
entrie
useth
force
,
it
is
forcible
entry
in
all
.
Dal.
172.
Cro.
22.
a.
24.
b.
34.
b.
Lam.
143.
In
all
these
cases
of
trespasse
,
onely
the
Iustice
of
Peace
may
,
as
it
seemeth
,
remove
the
force
,
and
upon
view
imprison
and
fine
.
Forcible
entrie
by
words
.
To
enter
peaceably
,
and
then
to
offer
by
threatning
to
kill
the
dissesse
if
he
reenter
.
Dal.
168.
What
is
not
force
.
To
enter
by
fair
means
,
his
entry
being
lawfull
,
and
perswade
them
within
to
come
out
,
and
the
doore
being
open
,
or
shut
by
the
latch
,
to
enter
without
combating
,
or
offensive
weapons
,
or
other
violence
.
Dal.
168.
To
enter
peaceably
and
quietly
,
getting
other
out
,
and
quietly
to
hold
it
.
Dal.
ibid.
To
enter
peaceably
into
a
house
,
and
finding
armour
or
weapons
,
not
to
remove
them
.
Lam.
145.
To
take
a
man
being
out
of
his
house
,
&
imprison
him
,
and
in
the
mean
time
to
send
another
peaceably
to
enter
,
is
no
force
.
Dal.
169.
Lam.
146
He
that
onely
agreeth
to
a
forcible
entry
made
to
his
use
.
Forcible
detainer
.
Forcible
detainer
is
of
lands
and
tenements
,
not
of
the
person
.
Dal.
169.
Lam.
137
,
146.
If
entry
be
peaceable
,
and
the
detainer
forcible
,
it
is
punishable
,
except
quiet
possession
had
been
had
for
three
yeares
.
Dal.
ibid.
To
deny
a
Justice
of
Peace
to
enter
(
upon
supposure
of
a
forcible
detainer
)
is
forcible
detainer
,
though
it
be
but
by
one
person
and
no
weapons
shewed
.
Dal.
169.
Lamb.
Cro.
70.
b.
P.
R.
4.
1.
Lamb.
145.
If
the
Justice
enter
and
findeth
any
arrived
,
or
any
armour
or
unusuall
weapons
lying
by
them
,
or
finde
more
then
the
ordinary
family
.
Dal.
ibid.
Lamb.
145.
What
shall
be
said
a
forcible
detainer
.
To
enter
peaceably
and
after
to
bring
in
more
weapons
,
or
use
the
weapons
found
in
the
house
to
defend
his
possession
,
or
place
some
with
weapons
in
a
house
adjoyning
ready
to
assail
the
enterers
.
Dal.
169.
Lamb.
145.
The
disseiser
forstalleth
the
way
of
the
disseised
with
force
,
so
that
he
dare
not
come
near
.
Dal.
170.
Cro.
69.
Lamb.
145.
To
keep
Cattel
by
force
where
he
hath
no
common
,
the
Justice
may
imprison
and
fine
,
but
not
make
restitution
.
Dal.
ibid.
Cro.
ibid.
P.
R.
39.
Forcible
detainer
to
resist
the
lord
in
taking
●…
distresse
.
Lamb.
146.
Dal.
141.
Cro.
70.
a.
P.
R.
39.
To
detain
a
house
morgaged
by
force
from
the
morgager
,
is
forcible
detainer
.
Dal.
170
,
171.
What
is
forcible
detainer
by
word
.
To
enter
peaceably
,
and
after
to
threaten
to
kill
the
disseiser
if
he
come
again
.
Dal.
170.
Lamb.
It
seemeth
to
amount
to
a
forcible
detainer
to
threaten
to
maym
him
,
beat
,
or
do
bodily
hurt
to
the
disseised
if
he
come
again
,
Dal.
ibid.
for
that
death
may
ensue
upon
such
beating
or
hurt
.
What
is
not
forcible
detainer
.
One
entreth
peaceably
into
a
house
,
and
finding
armour
or
weapons
,
doth
not
remove
them
.
L.
145.
To
threaten
to
burn
his
house
or
spoil
his
goods
,
to
deny
to
open
the
doores
,
to
deny
to
go
out
.
Dal.
170.
What
is
forcible
detainer
of
rent
.
The
tenant
resisteth
so
forcibly
,
that
the
owner
cannot
distrain
for
his
rent
,
nor
use
his
common
of
pasture
.
Dal.
171.
The
tenant
forestalleth
the
way
by
force
and
armes
,
or
threatneth
him
that
hath
the
rent
or
common
,
that
he
dareth
not
distrain
or
use
his
common
.
ibid.
The
tenant
maketh
rescous
of
the
distresse
with
force
and
armes
.
In
these
cases
of
rent
or
common
,
the
Iustice
may
remove
the
force
,
record
it
upon
new
,
imprison
and
fine
,
but
can
award
no
restitution
.
Forcible
entry
.
What
persons
may
make
a
force
.
One
alone
,
if
it
be
with
offensive
weapons
or
turbulent
behaviour
to
the
affray
of
others
.
Dal.
166
,
167
,
171.
Lamb.
143.
An
infant
of
the
age
of
18.
Dal.
ibid.
Cro.
69.
a.
and
so
he
may
though
he
be
under
18.
A
feme
covert
may
by
her
own
act
make
a
forcible
entrie
or
detainer
,
and
she
may
be
imprisoned
and
fined
,
but
the
fine
cannot
be
levyed
on
the
husband
ibid.
Consent
.
If
one
command
or
counsel
others
to
a
force
,
and
be
present
,
though
he
do
nothing
,
he
is
a
principall
,
Dal.
172.
but
if
absent
,
a
disseiser
.
Divers
enter
,
one
onely
committeth
force
,
all
are
guiltie
ibid.
Who
cannot
be
put
out
.
The
King
cannot
be
disseised
,
therefore
an
enditement
upon
the
statute
,
8.
H.
6.
for
the
K.
is
not
good
,
neither
can
the
Kings
farmer
prefer
a
bill
of
enditement
upon
the
said
statute
,
but
must
have
an
information
in
the
Exchequer
.
Dal.
172.
Cro.
69.
a.
Where
one
may
hold
with
force
.
Where
one
hath
peaceably
entred
,
and
after
continued
in
quiet
possession
without
interruption
for
3
yeares
together
,
Lamb.
Dal.
178.
and
may
hire
strangers
to
maintain
his
possession
,
and
have
his
company
in
armour
,
Dal.
179.
Cro.
71.
but
he
may
not
resist
the
Iustice
of
Peace
that
cometh
to
view
.
Upon
enditement
of
forcible
holding
the
plea
3
yeares
,
lawfull
possession
next
before
avoideth
imprisonment
,
fine
,
and
restitution
.
Dal.
179.
But
it
holdeth
not
,
1
If
the
entry
were
forcible
,
though
the
holding
peaceable
.
2
If
the
holding
were
forcible
,
though
the
entry
peaceable
.
3
If
a
disseiser
have
continued
peaceable
3
yeares
.
Quaere
if
he
shall
be
helped
by
8.
H.
6.
or
,
31.
El.
If
a
disseiser
have
forcibly
continued
his
possession
20
yeares
,
he
may
be
endited
upon
8.
H.
6.
and
the
Iustice
may
make
restitution
.
Cro.
71.
a.
4
If
the
possession
of
3
yeares
have
been
interrupted
.
Dal.
173
,
180.
Cro.
71.
a.
Lamb.
A
disseiser
quietly
holdeth
3
yeares
,
and
after
the
disseiser
entreth
or
maketh
claym
,
the
disseiser
reentring
cannot
hold
with
force
,
for
he
is
in
upon
a
new
disseising
.
Dal.
180.
A
lawfull
possessour
,
after
20
yeares
possession
is
acted
,
he
can
neither
reenter
nor
hold
with
force
.
ibid.
What
force
is
lawfull
.
Force
used
by
the
Kings
Officers
for
the
due
execution
or
advancement
of
justice
,
or
of
the
judgement
of
the
law
:
as
,
1
To
pursue
,
apprehend
,
and
carry
to
prison
offenders
in
treason
,
felony
,
or
other
great
crimes
.
2
A
Sheriffe
or
his
officers
to
apprehend
by
vertue
of
the
Kings
writ
.
3
A
Justice
removing
unlawfull
entries
or
holding
of
possessions
,
and
repressing
riotters
.
Dal.
176.
4
Justice
,
Sheriffe
,
Constables
,
or
Coroners
,
may
use
force
in
apprehending
or
imprisoning
such
as
in
their
presence
attempt
to
disturb
or
break
the
peace
.
5
It
is
lawfull
by
force
to
break
open
doores
,
to
arrest
offenders
within
,
if
the
officer
cannot
otherwise
enter
.
Note
that
the
officer
is
first
to
signifie
the
cause
of
his
coming
,
before
he
attempt
to
break
open
the
doores
,
5.
Dal.
177.
as
First
,
for
treason
,
felony
,
or
suspicion
of
felony
.
Cro.
170.
b.
2
Where
one
hath
dangerously
wounded
another
.
Cro.
131.
a.
3
An
affray
being
in
the
house
.
Cro.
146.
b.
4
Upon
a
forcible
entry
or
detainer
found
by
inquisition
.
Dal.
176.
5
Upon
a
capias
ut
legatum
in
personall
action
,
or
capias
pro
fine
directed
to
the
Sheriffe
.
Cro.
170.
b.
6
Upon
warrant
or
processe
for
attaching
a
Popish
recusant
excommunicate
.
3.
Jac.
4.
7
Upon
a
warrant
for
the
peace
or
good
behaviour
.
Dal.
176
,
177.
but
Crom.
176.
b.
maketh
Quaere
.
8
Upon
recovery
in
a
reall
action
or
ejectione
firmâ
,
but
not
to
execute
the
Kings
processe
upon
the
body
or
goods
of
any
person
at
the
suit
of
any
subject
.
Dal.
177.
9
In
all
cases
where
the
King
is
party
.
ibid.
1
Forcible
defence
is
lawfull
for
every
man
to
keep
his
house
to
himself
,
his
family
and
goods
,
as
his
castle
,
aswell
for
defence
against
injury
,
as
for
his
repose
.
Vide
plus
Houses
.
2
In
defence
of
husband
,
wife
,
father
,
mother
,
or
master
.
3
Father
or
mother
in
defence
of
the
childe
within
age
.
Dal.
151.
4
In
defence
of
my
goods
or
my
land
.
Dal.
ibid.
In
these
cases
he
that
attempteth
may
be
disturbed
;
and
if
he
attempt
to
assault
or
lame
me
,
I
may
beat
him
again
,
aswell
in
defence
of
my
person
as
possessions
,
but
not
kill
him
.
152.
What
Justices
of
Peace
are
to
do
in
forcible
entry
or
detainer
.
Every
Justice
upon
complaint
or
notice
given
,
ought
at
the
cost
of
the
party
grieved
,
to
do
execution
:
viz.
1
He
must
go
to
the
place
.
Dal.
41.
Lamb.
2
Take
sufficient
power
of
the
county
or
of
the
Town
,
and
the
Sheriffe
also
,
if
need
be
,
aswell
to
arrest
offenders
,
as
also
for
removing
of
the
force
,
and
for
conveying
them
to
the
goal
.
Dal.
ibid.
Lam.
3.
Arrest
and
remove
all
offenders
,
and
take
their
weapons
,
and
prize
them
for
the
King
.
Dal.
ibid.
If
the
doores
be
shut
,
and
entrance
denied
,
he
may
break
open
the
house
.
Dal.
42.
Quaere
.
The
Justice
cannot
arrest
or
remove
them
if
he
finde
no
force
,
except
by
enquitie
.
Dal.
42.
The
Justice
ought
to
make
a
record
of
the
force
,
and
either
keep
it
by
him
or
indent
it
,
and
certifie
one
part
either
into
the
Kings
Bench
,
or
to
the
Clerk
of
the
Peace
,
and
keep
the
other
.
Dal.
42.
The
record
of
the
Justice
is
a
sufficient
conviction
of
the
offender
,
and
is
not
traversable
.
ibid.
The
Justice
ought
to
commit
immediately
to
the
next
goal
,
those
which
he
findeth
continuing
the
force
,
untill
they
pay
their
fine
,
ibid.
&
91.
or
forfeit
an
●00
pounds
.
ibid.
But
such
force
must
be
in
the
presence
or
view
of
the
Justice
.
The
Justices
or
some
of
them
that
see
the
force
,
are
the
proper
Judges
of
that
offence
,
and
may
assesse
the
fine
,
but
it
must
be
upon
every
one
severally
,
Dal.
91.
and
is
to
be
estreated
into
the
Exchequer
;
upon
which
assessing
and
estreating
the
partie
is
to
be
delivered
.
Dal.
43.
And
so
upon
payment
of
the
fine
to
the
Justice
,
or
recognizance
for
payment
.
Dal.
43.
Quaere
,
for
the
Sheriffe
is
accountable
for
all
fines
.
Or
the
Justice
may
record
the
force
,
commit
the
offenders
,
and
certifie
the
record
to
the
J.
of
Assize
or
to
the
Sessions
,
and
there
the
offenders
fined
.
Dal.
43.
Cro.
161.
a.
But
ought
more
properly
to
be
assessed
by
them
that
record
the
force
,
Dal.
91.
Cro.
ibid.
and
to
be
of
value
.
Or
the
Justice
may
certifie
the
record
into
the
Kings
Bench
,
referre
the
fine
thither
,
Dal.
43.
which
Lambert
thinketh
the
best
course
.
The
fines
must
be
reasonable
,
secundum
quantitatem
&
qualitatem
delicti
.
The
force
ought
to
be
inquired
of
in
some
good
place
or
town
neare
where
the
force
was
,
Dal.
43.
and
that
within
a
moneth
if
it
be
a
riot
.
92.
One
Justice
may
enquire
.
Dal
43.
Enquirie
may
be
though
the
offenders
be
not
present
,
or
though
the
Justice
go
not
to
see
the
place
where
the
force
is
.
Dal.
43
,
44.
Lamb.
152.
Without
enquiry
there
can
be
no
restitution
.
Dal.
44
,
183.
Cro.
161.
b.
164.
a.
Upon
enquirie
making
,
the
Iustice
must
direct
his
precept
to
the
Sheriffe
to
summon
24
of
40
shil.
a
yeare
land
per
annum
.
Dal.
182.
Upon
default
the
Iustice
may
award
an
alias
and
pluries
infinite
till
they
come
.
The
Sheriffe
,
at
the
day
of
the
second
precept
,
must
return
40
shill.
in
issues
upon
every
one
,
at
the
third
writ
five
pound
,
and
at
every
day
after
the
double
.
8.
Hen.
6.
0.
9.
If
any
jurour
have
not
40
shill.
land
,
yet
the
enditement
is
good
for
the
King
.
Quaere
if
there
shall
be
restitution
,
Dal.
182.
Lam.
152.
Returning
of
smaller
issues
then
the
statute
,
hindreth
not
the
enquirie
.
Dal.
ibid.
Lam.
ibid.
Upon
enquiry
the
Iustice
may
make
restitution
,
Dal.
44
,
182.
wherein
the
Iustice
needeth
not
to
examine
the
title
.
Dal.
183.
Lamb.
156.
A
restitution
before
inquisition
,
ibid.
Cro.
161.
8.
164.
●
.
In
the
enditement
not
onely
the
entry
but
also
the
putting
out
must
be
,
and
&
adhuc
extra
tenent
;
Lam.
153.
for
lack
of
these
words
no
restitution
can
be
made
.
Dal.
44
,
&
181.
Cro.
163.
8.
Lam.
The
enditement
must
be
good
,
both
in
matter
and
form
,
Dal.
183.
the
words
manuforti
or
cum
multitudine
are
necessarie
.
ibid.
The
enditement
must
expresse
the
qualitie
of
the
thing
,
whether
messuage
,
cottage
,
&c.
tenementum
may
extend
to
either
,
and
so
entertain
.
Dal.
ibid.
If
restitution
be
made
by
a
Justice
upon
an
insufficient
enditement
,
the
Kings
Bench
will
restore
the
other
.
Dal.
184.
Cro.
162.
a.
If
errour
be
in
the
enditement
,
any
two
of
these
Justices
which
were
at
the
taking
of
the
enditement
,
upon
prayer
of
the
partie
may
grant
a
supersedeas
to
stay
restitution
,
if
restitution
be
not
made
Dal.
184.
Cro.
165.
a.
But
no
Justice
not
present
can
grant
a
supersedeas
.
ibid.
The
Justice
may
make
restitution
,
or
give
warrant
to
the
Sheriffe
,
or
certifie
into
the
Kings
bench
,
and
leave
the
award
of
restitution
to
that
Court
.
Dal.
44
,
185.
Lam.
156.
None
can
grant
restitution
but
they
before
whom
the
force
was
found
,
Dal.
44
,
185.
except
the
Kings
Bench.
None
can
personally
restore
the
partie
,
but
he
that
took
the
enquirie
.
Dal.
185.
But
by
precept
to
the
Sheriffe
.
Lam.
158.
After
enquirie
the
Justice
of
Peace
may
break
into
the
house
by
force
,
and
put
the
ejected
into
possession
.
Dal.
44.
If
restitution
be
made
without
enquirie
,
it
is
punishable
in
the
Starrechamber
.
Dal.
45.
Restitution
must
onely
be
made
to
him
that
was
put
out
.
Dal.
45
,
185.
Restitution
is
to
be
made
onely
of
house
and
land
,
Dal.
183.
but
not
of
rent
,
common
,
or
advowson
.
45.
Restitution
may
be
made
notwithstanding
a
traverse
,
Dal.
45.
but
upon
tender
of
traverse
,
the
safest
way
for
the
Justice
is
to
certifie
the
presentment
into
the
Kings
Bench.
ibid.
If
the
Justice
upon
complaint
or
notice
given
of
a
force
,
do
not
remove
the
force
,
record
it
,
and
commit
the
offenders
,
it
is
punishable
in
the
Starre-chamber
.
Dal.
45.
The
offenders
being
gone
,
the
Justice
may
send
his
warrant
,
and
commit
them
till
they
finde
suretie
of
their
good
behaviour
.
Dal.
45.
If
force
be
made
by
three
,
it
is
a
riot
.
Dal.
ibid.
The
proceedings
upon
a
writ
upon
the
statute
of
Northampton
,
2.
Ed.
3.
3.
1
The
Iustice
of
Peace
to
whom
this
writ
is
delivered
,
is
but
a
minister
therein
,
and
coming
to
the
place
where
the
force
is
supposed
,
by
the
writ
he
may
cause
3
O
yes
,
and
then
make
proclamation
for
silence
,
prout
Dal.
46.
Cro.
72.
a.
b.
Lam.
168.
2
Then
may
he
reade
or
cause
the
writ
to
be
read
,
or
declare
the
effect
thereof
.
3
Then
let
three
O
yes
be
made
,
and
make
proclamation
again
for
the
peace
,
prout
Dal.
47.
Cro.
42.
b.
Lam.
4
Either
enter
and
search
for
armour
,
or
enquire
by
jury
.
ibid.
All
that
remain
after
proclamation
,
are
to
be
imprisoned
,
and
the
armour
apprized
.
ibid.
If
upon
proclamation
they
depart
,
they
are
not
to
be
imprisoned
.
The
execution
of
the
statute
of
Northampton
without
writ
.
Every
Justice
of
Peace
may
execute
it
ex
officio
without
writ
.
Dal.
47.
Cro.
72.
a.
The
difference
in
the
manner
of
execution
is
,
that
without
writ
there
needeth
no
proclamation
nor
certificate
into
the
Chancerie
,
but
the
Justice
may
enter
,
search
,
commit
the
offenders
there
found
,
apprize
the
armour
,
record
all
what
he
shall
do
,
and
thereout
send
an
estreat
into
the
Exchequer
,
Dal.
47
,
48.
Cro.
ibid.
The
Justice
cannot
make
restitution
to
the
partie
outed
,
but
onely
remove
the
force
.
ibid.
Lam.
162.
Of
causes
to
stay
granting
of
restitution
,
vide
Dal.
187.
Forfeitures
of
a
recognizance
taken
for
the
Peace
.
Whatsoever
is
a
breach
of
the
peace
,
the
same
is
a
forfeiture
of
the
recognizance
,
Dal.
148
,
as
,
1
To
threaten
a
man
to
his
face
to
beat
or
kill
another
,
Dal.
148.
Cro.
136.
b.
Lam.
115.
but
not
if
he
be
absent
.
ibid.
2
To
strike
at
,
or
offer
to
strike
at
a
man
,
though
he
hit
him
not
.
3
All
affrayes
,
malicious
and
violent
striking
,
or
other
misintreatings
of
the
person
of
another
.
Dal.
148.
Lam.
127.
4
To
go
with
companie
or
weapons
unusuall
.
Dal.
ibid.
Cro.
137.
a.
Lam.
126.
5
To
command
or
procure
another
to
break
the
Peace
,
and
if
it
be
done
in
deed
.
Dal.
148.
Lam.
115.
Cro.
137.
a.
6
Imprisoning
or
arresting
another
without
warrant
.
Dal.
148.
Lam.
127.
To
thrust
one
into
the
water
,
whereby
he
is
in
danger
of
drowning
.
To
ravish
a
woman
against
her
will
.
To
commit
burglatie
,
robberie
,
murder
,
manslaughter
,
or
do
any
treason
against
the
person
of
the
King
.
Dal.
149.
Lam.
127.
To
be
riotously
assembled
.
The
act
that
breedeth
the
forfeiture
of
a
recognizance
of
the
Peace
,
must
be
done
unto
the
person
of
another
.
Dal.
149.
Of
a
recognizance
,
vide
recognizance
,
vide
plus
breach
of
the
Peace
and
Fines
.
One
committed
for
pettie
larcenie
,
and
convicted
thereof
,
shall
forfeit
his
goods
.
Lam.
273.
Dal.
230.
Cro.
36.
b.
Forfeitures
upon
statutes
,
vide
Severall
statutes
.
Forgerie
.
Second
forgerie
of
deeds
concerning
anothers
land
after
a
former
conviction
is
felonie
,
5.
El.
14.
but
not
enquirable
by
the
Iustice
of
Peace
.
Lam.
Dal.
244.
Cro.
56.
b.
Forrain
Plea
.
One
indicted
of
pettie
treason
,
●…rder
,
or
other
felonie
,
pleadeth
a
forrain
Plea
triable
by
Jurie
,
it
shall
be
tried
before
the
Iustices
before
whom
he
was
indicted
,
and
by
the
jurours
of
the
same
Countie
.
22.
H.
8.
14.
32.
H.
8.
3.
Lam.
Forrester
killeth
any
man
in
his
office
making
resistance
,
it
is
justifiable
.
21.
E.
1.
Forestalling
and
Forestallers
.
Forestaller
is
he
that
buyeth
or
contracteth
for
any
victuals
or
wares
before
they
come
to
the
market
,
faire
,
or
port
,
or
moveth
the
partie
to
the
price
,
or
not
to
bring
them
to
the
market
,
faire
,
or
port
.
Lam.
450.
Forestaller
convicted
before
the
Iustice
of
Peace
at
the
quarter
Sessions
by
examination
of
two
witnesses
,
or
presentment
for
forestalling
,
for
the
offence
shall
1
Lose
the
goode
,
and
be
imprisoned
2
moneths
without
bail
or
mainprise
.
2
For
the
second
lose
double
the
goods
,
and
be
imprisoned
for
6
moneths
.
3
For
the
third
lose
all
his
goods
,
stand
in
the
pillorie
,
and
be
imprisoned
during
the
kings
pleasure
.
5.
E.
6.
4.
Lam.
570.
The
moytie
of
the
forfeiture
upon
the
statute
of
forestallers
due
unto
the
partie
,
is
to
be
levyed
by
Fieri
facias
or
Capias
to
be
awarded
by
the
Iustice
of
Peace
.
Lam.
584.
Fowlers
and
Fowling
.
Shooter
,
taker
or
destroyer
by
gunnes
,
bows
,
setting
dogs
,
nets
or
other
engines
,
of
any
Phesant
,
Partridge
,
Pigeon
,
Heron
,
Mallard
,
Duck
,
Teal
,
Wigeon
,
Growse
,
Heathcock
,
Mooregame
or
such
fowls
,
upon
conviction
by
confession
or
oath
of
two
witnesses
before
two
Iustices
of
Peace
where
the
offence
or
apprehension
is
,
to
be
imprisoned
3
moneths
without
bayl
,
unlesse
he
pay
to
the
Churchwardens
of
one
of
the
places
,
to
the
use
of
the
poore
,
20
shillings
for
every
Phesant
,
and
also
for
every
egge
of
Phesant
,
Partridge
,
or
Swan
taken
or
destroyed
,
or
after
one
moneth
of
his
commitment
become
bound
with
two
sureties
in
recognizance
of
20
pound
never
to
do
the
like
,
the
same
recognizance
to
be
returned
to
the
quarter
Sessions
.
1.
Jac.
27.
Lam.
334.
Dal.
67.
Vide
Partridges
and
Phesants
.
Hares
.
BUying
and
selling
of
Hares
,
vide
Partridges
:
see
the
statute
,
1.
Jac.
27.
in
fowlers
.
Harnesse
and
habiliments
of
warre
.
To
imbezell
habiliments
of
warre
or
victuals
provided
for
souldiers
,
mariners
,
or
gunners
,
is
felonie
.
3.
El.
4.
Hart
proclaimed
,
vide
Deere
.
Harvest
time
.
Artificers
and
other
persons
meet
to
labour
,
compellable
by
one
Iustice
of
Peace
or
Constable
;
and
the
refuser
to
labour
in
hay
time
or
harvest
,
to
be
put
in
the
stocks
two
dayes
and
one
night
.
Lamb.
475.
Hawks
and
hawking
.
Unlawfull
taker
of
Hawks
egges
is
to
have
3
moneths
imprisonment
,
there
to
remain
till
he
finde
sureties
for
the
good
behaviour
for
7
yeares
.
5.
El.
21.
I
am
.
446.
Taking
of
hawks
egges
upon
ones
own
grounds
or
anothers
,
or
any
Eirer
,
or
driving
them
out
of
their
covert
,
or
bearing
any
hawk
of
the
breed
of
England
,
called
a
Nyesse
,
Goshawk
,
Tassel
,
Lanner
,
Lanneret
,
to
be
imprisoned
a
yeare
and
a
day
,
and
lose
ten
pounds
and
the
hawk
.
11.
Hen.
7.
17.
Lam.
446.
Every
Justice
of
Peace
may
examine
the
offences
for
hawking
or
hunting
with
spaniels
in
eared
or
codded
corn
,
and
binde
over
the
offender
with
sureties
to
the
next
Sessions
.
23.
Elis
.
10.
Dal.
50.
Lam.
447.
Against
hawking
at
phesant
or
partridge
between
the
first
of
Iuly
and
last
of
August
,
vide
7.
Jac.
11.
&
Partridges
.
Vide
plus
Larcenie
,
&
Felonie
.
Hay
and
Oats
.
Inholder
taking
any
thing
for
litter
,
baking
horse-bread
,
except
in
town
or
village
being
a
through-fare
,
and
being
no
citie
,
town-corporate
,
or
market-town
,
the
same
to
be
of
assize
and
weight
after
the
price
of
corn
and
grain
in
the
market
,
or
sell
horse-bread
,
hay
,
oats
,
beans
,
pease
,
provender
and
all
kinde
of
victualls
both
for
man
and
beast
for
reasonable
gain
;
for
the
offence
,
1
Fined
.
2
Imprisoned
for
a
moneth
without
bail
.
3
Stand
on
the
pillorie
without
redemption
of
money
.
4
Fore
judged
for
keeping
inne
again
.
21.
Jac.
21.
Hedge-breakers
.
Breakers
and
cutters
of
hedges
,
pales
,
rails
,
or
fences
,
cutters
and
carriers
away
of
corn
growing
,
robbers
of
orehyards
or
gardens
,
pullers
up
of
fruit
trees
,
with
intent
to
carry
away
,
cutters
or
spoilers
of
woods
,
poles
,
or
standing
trees
,
convicted
before
a
Iustice
by
confession
and
one
witnesse
upon
oath
,
are
to
render
such
damage
as
the
Iustice
shall
limit
;
and
if
not
able
,
to
be
whipped
by
the
Constable
,
who
for
default
in
his
office
,
is
to
be
committed
without
bail
,
till
he
cause
it
to
be
done
.
43.
Elis.
7.
No
Iustice
to
proceed
against
such
trespasses
for
offences
done
to
himself
,
without
instance
of
another
.
ibid.
The
second
offence
is
whipping
.
43.
Elis.
7.
High-wayes
.
One
Iustice
may
cause
high-wayes
to
markets
to
be
enlarged
,
and
cleansed
of
bushes
and
trees
.
13.
Elis.
1.
5.
Dal.
51.
Every
Iustice
may
present
upon
his
own
knowledge
in
open
generall
Sessions
,
any
highwayes
insufficiently
repaired
,
or
any
default
against
the
statute
2.
and
3.
Ph.
and
Mar.
8.
and
5.
Elis.
13.
and
such
presentment
is
as
good
as
the
presentment
of
twelve
men
;
and
thereupon
the
Sessions
may
assesse
the
same
,
though
the
presented
be
absent
,
saving
to
the
offender
his
traverse
.
Dal.
51.
Cro.
125.
b.
195.
a
The
defaults
contrarie
to
these
statutes
.
1
If
the
Constable
and
Churchwardens
do
not
on
Tuesday
or
Wednesday
in
Easter
week
choose
surveyours
for
high-wayes
.
2
If
six
dayes
be
not
by
them
then
appointed
for
mending
high-wayes
before
Midsummer
.
3
If
notice
be
not
given
by
them
openly
in
the
Church
the
sunday
after
Easter
of
the
said
six
daies
4
If
he
that
hath
a
plow-land
in
tillage
,
or
pasture
,
or
draught
,
do
not
for
every
draught
or
plow-land
send
one
cart
with
two
able
men
to
work
8
houres
of
every
of
the
said
six
dayes
,
20
shill.
And
every
other
parishioner
having
5
pounds
in
goods
,
40
shillings
in
lands
in
the
subsidie
,
must
finde
every
day
two
able
men
,
or
lose
10
shillings
;
and
every
cottage
one
,
or
lose
12
pence
a
day
.
But
18
Elis.
9.
he
that
occupieth
a
plow-land
in
severall
parishes
,
onely
where
he
dwelleth
;
and
he
which
hath
plow-land
in
severall
parishes
,
shall
be
charged
in
each
town
.
Dal.
52.
Cro.
82.
b.
5
If
the
carriages
be
not
thought
needfull
by
the
survayours
,
then
two
able
men
for
every
cart
spared
6
If
fences
,
hedges
,
and
ditches
next
adjoyning
to
the
high-wayes
be
not
kept
low
,
scoured
and
repaired
.
7
If
all
trees
and
bushes
growing
in
the
high-wayes
be
not
cut
down
.
8
If
any
chosen
to
be
survayours
refuse
the
office
or
do
not
execute
it
.
9
If
the
survayour
do
not
within
one
moneth
next
after
the
offence
committed
present
it
to
the
next
Iustice
.
10
If
the
Bailiffe
or
Constable
who
receiveth
the
estreats
,
do
not
levie
the
same
,
or
make
not
a
true
account
and
payment
of
all
summes
levied
to
the
Constable
and
Churchwardens
,
or
the
Constables
and
Churchwardens
have
not
imployed
them
upon
the
high-wayes
.
If
the
survayours
do
certifie
the
next
Justice
in
a
moneth
,
the
Justice
ought
to
certifie
the
presentment
at
the
next
Sessions
.
If
the
survayours
present
not
til
after
the
moneth
,
and
the
Justices
do
certifie
it
at
the
next
Sessions
,
it
is
not
good
against
the
offenders
.
Two
Justices
,
one
being
of
the
Quorum
,
may
call
those
to
whom
the
estreats
are
delivered
,
to
their
account
,
betwixt
the
first
of
March
and
last
of
Aprill
,
and
compell
them
to
pay
all
such
arrerages
as
they
shall
adjudge
to
the
Constables
and
Churchwardens
,
or
imprison
them
till
payment
of
such
arrerages
be
made
,
and
call
the
survayours
and
Constables
and
Churchwardens
to
an
account
.
All
fines
at
the
Sessions
for
high-wayes
,
shall
be
levied
by
estreats
indented
by
the
Clerk
of
the
Peace
,
and
delivered
by
him
within
six
weeks
after
Michaelmasse
.
Dal.
53.
The
Bishops
Chancellour
and
three
Justices
of
Peace
,
may
examine
the
bestowing
of
any
money
appointed
by
any
statute
for
the
amending
high-wayes
or
bridges
,
and
call
to
account
the
detainer
thereof
.
14.
Elis.
5.
29.
Elis
.
8.
Lam.
366.
Upon
enditement
for
repair
of
bridges
in
high-wayes
,
there
shall
be
like
processe
as
the
Kings
Bench
useth
,
or
such
as
the
Justice
of
Peace
thinketh
meet
.
22.
H.
8.
5.
Lam.
523.
High-wayes
leading
from
one
market
town
to
another
,
shall
neither
have
dike
,
underwood
,
or
bush
,
whereby
a
man
may
lurk
to
do
hurt
,
within
200
foot
of
one
side
or
other
:
if
default
be
in
the
Lord
,
and
any
robberie
be
done
therein
,
he
must
be
answerable
for
it
;
and
the
Lord
of
a
park
must
set
it
200
foot
from
each
side
from
the
way
,
or
a
sufficient
wall
,
dike
,
hedge
,
or
pale
,
that
the
offenders
cannot
passe
.
Dal.
130.
Homicide
.
Homicide
is
the
killing
of
a
man
by
a
man
.
Dal.
207.
It
is
no
difference
whether
the
slain
be
alien
,
denison
,
or
English
man
,
if
he
lives
under
the
Kings
protection
.
Dal.
ibid.
Cro.
21.
a.
Lam.
237.
To
kill
one
attainted
of
treason
or
of
felonie
,
or
outlawed
for
felonie
,
or
attainted
in
Premunire
,
is
felonie
.
Dal.
207.
Cro.
24.
3.
Homicide
is
either
killing
himself
,
felo
de
se
,
or
another
.
Felo
de
se
forfeiteth
to
the
King
his
goods
and
chattels
reall
and
personall
,
and
his
debts
due
by
speciall
,
Dal.
208.
but
no
lands
,
nor
bloud
corrupted
.
ibid.
His
goods
are
not
forfeited
till
his
death
.
ibid.
Infant
or
non
compos
mentis
do
not
forfeit
;
but
a
lunatick
killing
himself
out
of
his
lunacie
,
doth
forfeit
his
goods
.
Dal.
208.
Homicide
of
another
is
-
Voluntarie
,
-
Involuntarie
.
Voluntarie
is
-
Murder
,
vide
Murder
.
-
Manslaughter
.
Manslaughter
is
when
two
fight
together
upon
the
sudden
,
without
malice
precedent
,
and
one
of
them
doth
kill
the
other
.
Dal.
214.
Cro.
26.
a.
Lam.
247.
Manslaughter
-
by
Chancemedley
,
or
-
Se
defendendo
,
his
person
,
house
,
&
goods
.
Manslaughter
by
Chancemedley
is
felonie
,
but
may
have
his
clergie
.
Dal.
214.
One
fighting
breaks
his
weapon
,
a
stander
by
lends
him
another
,
whereby
the
other
is
killed
;
it
is
manslaughter
in
the
lender
.
Dal.
ibid.
Cro.
26.
b.
Lam.
252.
Two
fighting
on
the
sudden
part
,
and
meet
again
,
one
killeth
the
other
;
it
is
a
continued
fray
.
Dal.
ibid.
Cro.
23.
b.
24.
a.
26.
Lam.
250.
The
servant
fighting
in
his
masters
defence
,
though
there
were
malice
in
the
master
not
told
to
the
servant
,
Lam.
248.
so
a
stranger
suddenly
taking
part
.
Lam.
248.
Two
that
were
in
malice
are
reconciled
,
fall
out
upon
new
occasion
,
and
one
is
killed
;
it
is
manslaughter
onely
.
Dal.
215.
Lam.
250.
Se
defendendo
,
when
one
killeth
another
in
the
necessarie
defence
of
himself
or
his
,
thereby
to
save
himself
or
his
possessions
or
goods
,
or
some
other
persons
which
he
is
bound
to
defend
from
perill
:
and
it
is
either
against
a
felon
,
as
murderer
or
thief
,
or
a
loyall
subject
.
Dal.
220.
Lam.
252.
Against
a
loyall
subject
,
if
he
be
assailed
by
another
man
,
he
must
flie
so
much
as
he
may
till
he
be
letted
by
some
wall
,
ditch
,
hedge
,
preasse
of
people
,
or
other
impediment
,
that
his
necessitie
of
defence
may
seem
inevitable
,
and
he
shall
be
committed
till
the
time
of
his
triall
,
lose
his
goods
,
and
seek
his
pardon
.
Lam.
153.
Dal.
221.
It
is
not
materiall
though
he
strike
again
,
if
before
he
give
any
deadly
wound
he
flie
to
the
strait
.
Neither
is
it
materiall
though
there
were
former
malice
,
unlesse
he
lie
in
wait
for
the
other
,
or
agree
for
the
place
of
fight
,
or
strike
the
first
stroke
.
Lam.
253.
Dal.
221.
Or
assaulted
in
his
own
house
upon
a
sudden
quarrell
,
or
thereby
killeth
him
,
Lam.
254.
but
he
forfeiteth
his
goods
and
must
have
his
pardon
,
except
the
assaylant
came
with
a
felonious
intent
to
kill
or
robbe
him
.
Dal.
221.
Cro.
28.
a.
Lam.
254.
A
man
falleth
to
the
ground
,
there
his
flying
to
a
strait
is
not
necessarie
.
Dal.
225.
An
officer
or
minister
of
Justice
,
in
executing
his
office
being
assaulted
,
is
not
bound
to
flie
.
Dal.
214.
A
servant
killing
him
who
robbed
or
killed
his
master
,
so
it
be
done
presently
,
or
in
defence
of
his
masters
person
or
goods
,
if
it
cannot
otherwise
be
avoided
.
Dal.
ibid.
Cro.
28.
a.
Forrester
,
Parker
,
or
Warrener
,
or
any
in
their
companie
,
killing
an
offender
in
a
Forrest
,
Park
or
Warren
,
after
hue
and
crie
to
keep
the
Peace
,
if
they
yeeld
not
themselves
,
or
flie
,
or
defend
:
themselves
by
violence
,
is
no
felonie
.
Dal.
222.
Quaere
if
there
be
no
malice
in
the
keeper
.
Cro.
30.
b.
It
is
justifiable
by
me
,
my
servants
or
companie
,
to
kill
one
who
attempteth
feloniously
to
murder
or
rob
me
in
my
dwelling
house
,
or
in
or
neare
a
high-way
,
horse-way
,
or
foot-way
,
or
burglarily
to
break
my
house
in
the
night
.
Dal.
220.
Cro.
27.
Vide
Lam.
249.
of
one
entring
by
force
in
the
day
,
and
killing
in
the
dark
.
To
shoot
at
him
that
cometh
to
burn
my
house
,
is
justifiable
in
me
or
my
servants
.
Dal.
ibid.
Cro.
ibid.
In
defence
of
the
possession
of
my
goods
,
I
may
justifie
to
beat
him
that
wrongfully
taketh
them
,
but
not
kill
him
,
except
he
be
a
thief
.
Dal.
224.
To
kill
a
true
man
,
in
defence
of
house
,
land
,
or
goods
,
is
manslaughter
.
Dal.
ibid.
Cro.
20.
b.
Involuntarie
homicide
is
by
-
misadventure
,
-
necessitie
.
By
misadventure
is
,
when
a
man
doing
a
lawfull
act
,
without
any
evil
intent
,
killeth
a
man
:
this
is
not
felonie
of
death
,
but
he
shall
have
his
pardon
of
course
for
life
and
lands
,
but
forfeiteth
his
goods
.
Dal.
216.
A
schoolmaster
,
father
,
mother
,
or
master
,
correcting
moderately
his
scholer
,
childe
,
or
servant
;
Shooting
at
pricks
,
buts
,
or
lawfull
mark
;
A
workman
casting
tyle
,
timber
,
or
stone
from
a
house
,
or
any
thing
from
a
cart
and
giving
warning
,
or
doing
other
lawfull
thing
and
giving
warning
.
Running
at
Tilt
,
or
fighting
at
Barriers
by
the
Kings
command
.
The
killing
of
a
man
in
doing
of
an
unlawfull
act
,
without
evil
intent
,
is
felonie
,
as
shooting
arrows
,
casting
stones
into
high-wayes
or
other
place
whither
men
usually
resort
.
Dal.
217.
Fighting
at
Barriers
,
or
running
at
Tilt
without
the
Kings
command
.
Quaere
if
playing
at
hand-sword
,
bucklers
,
foot-ball
,
wrestling
,
and
such
like
,
whereby
a
man
is
slain
or
receiveth
hurt
,
and
dieth
within
the
yeare
and
day
,
be
felonie
of
death
,
or
may
have
their
pardon
of
course
.
Quaere
similiter
of
casting
a
stone
at
bird
or
beast
.
A
man
may
be
slain
by
the
fall
of
a
house
or
tree
,
&c.
and
killed
by
a
bull
,
bear
,
horse
,
dogge
,
&c.
or
by
some
fall
which
he
taketh
,
Dal.
218.
if
it
be
through
the
wilfull
default
of
another
,
it
is
felonie
.
The
thing
which
causeth
the
death
is
a
Deodand
,
and
so
forfeited
to
the
King
.
Dal.
218.
Cro.
31.
a.
The
forfeiture
hath
relation
from
the
stroke
given
Deodands
are
not
forfeited
till
the
matter
is
found
on
record
.
Dal.
218.
The
Jury
which
findeth
the
death
of
a
man
,
must
finde
and
apprize
the
Deodand
.
It
behoveth
the
town
to
see
it
forthcoming
;
for
the
Sheriffe
shall
be
charged
with
the
price
,
and
shall
levy
the
same
on
the
Town
.
Dal.
ibid.
If
the
slain
be
under
14
yeares
of
age
,
nothing
is
forfeited
as
a
deodand
.
Dal.
218.
Homicide
by
necessitie
is
-
Commanded
,
-
Tolerated
.
An
officer
doth
execution
after
judgement
,
according
to
his
warrant
;
it
is
not
properly
homicide
,
but
justice
.
Dal.
219.
Lamb.
234.
If
the
officer
doth
not
observe
order
of
law
,
it
is
felony
in
the
officer
.
Dal.
219.
Lamb.
24.
One
warranted
to
arrest
one
endited
of
felony
,
upon
resistance
killeth
him
.
Dal.
219.
Ed.
3.
a.
Lam.
232.
Every
private
person
upon
hue
and
cry
to
take
a
felon
,
if
he
resist
and
will
not
yeeld
,
may
kill
him
.
Conducters
of
a
felon
to
the
Goal
,
upon
resistance
or
fight
may
kill
him
.
Dal.
220.
A
prisoner
in
the
Goal
attempteth
to
escape
,
and
striketh
the
Goaler
,
he
killeth
the
prisoner
;
it
is
not
felony
.
ibid.
Riotters
,
forcible
enterers
or
detainers
,
that
shall
resist
the
Justice
of
Peace
or
other
the
Kings
officers
,
and
will
not
yeeld
themselves
,
being
slain
,
it
is
no
felony
.
Dal.
220.
Cro.
23.
30.
b.
158.
Lam●
.
215.
If
an
officer
,
by
vertue
of
the
Kings
processe
,
arresting
one
for
debt
or
trespasse
,
is
resisted
,
and
killeth
the
resister
,
it
hath
been
taken
to
be
no
felony
.
Dal.
220.
Cro.
24.
a.
30.
b.
Quaere
.
In
all
these
former
cases
there
must
be
inevitable
necessitie
,
that
the
offender
could
not
be
taken
without
killing
.
Dal.
220.
Horses
and
Mares
.
Any
Iustice
may
heare
and
take
the
claim
of
the
owner
of
any
horse
,
&c.
which
was
stollen
within
six
moneths
after
the
sale
thereof
,
the
proof
to
be
made
by
two
witnesses
upon
oath
within
two
dayes
next
ensuing
the
said
claim
.
Dal.
56.
Lamb.
203.
Elis.
12.
The
Iustice
of
Peace
may
minister
an
oath
to
the
buyer
what
money
he
paid
,
bonâ
fide
,
so
as
the
right
owner
repaying
his
money
may
have
his
horse
again
.
Dal.
ibid.
Owner
,
officer
,
or
ruler
of
any
faire
,
is
to
appoint
an
open
place
for
sale
of
horses
,
&c.
and
a
sufficient
person
to
take
toll
,
or
lose
40
shill.
for
every
fault
,
and
answer
the
party
grieved
.
2.
3.
P.
&
M.
Lamb.
71.
The
sale
of
every
horse
not
being
according
to
the
statute
in
every
point
,
is
void
.
Dal.
56.
Lamb.
412.
1
The
horse
must
be
one
houre
at
the
least
in
the
place
of
the
open
faire
.
2
All
the
parties
to
the
bargain
being
in
the
faire
,
must
come
with
the
horse
to
the
book-keeper
.
3
The
book-keeper
must
take
perfect
knowledge
of
the
seller
and
of
the
voucher
,
of
the
Christian
name
,
sirname
,
mysterie
,
and
place
of
dwelling
.
4
The
voucher
must
know
the
seller
indeed
,
and
declare
to
the
book-keeper
the
Christian
name
,
sirname
,
mysterie
and
dwelling
,
aswell
of
himself
,
as
of
the
seller
.
5
The
book-keeper
must
make
a
true
and
perfect
entry
of
the
sellers
name
and
place
of
dwelling
,
&c.
and
of
the
true
price
,
forfeiture
.
31.
El.
12.
Every
contract
for
a
stollen
horse
out
of
the
faire
is
void
,
though
it
be
after
booked
.
Dal.
ibid.
A
sale
in
open
market
shall
not
take
away
the
owners
propertie
,
the
buyer
knowing
that
it
was
anothers
.
Dal.
56.
All
horses
and
all
other
goods
are
to
be
sold
in
such
a
place
or
shop
as
is
commonly
used
for
the
selling
of
goods
of
the
same
kinde
,
to
alter
the
propertie
.
Dal.
ibid.
A
thief
selleth
a
stollen
horse
by
a
false
name
,
and
is
so
entred
in
the
toll-book
;
such
misnaming
maketh
the
sale
void
against
the
owner
.
Dal.
73.
Edit.
1626.
Horse-bread
.
Inholder
in
a
corporate
or
market
Town
,
where
there
is
a
common
baker
that
hath
been
an
apprentice
therein
7
yeares
,
may
not
make
horse-bread
within
his
house
.
32.
H.
8.
41.
21.
Jac.
21.
Inholder
or
ostler
in
a
through-fare
town
,
being
no
city
,
town
corporate
,
or
market
town
,
being
a
baker
and
one
that
hath
been
an
apprentice
therein
7
yeares
,
may
make
horse-bread
within
his
house
.
21.
Jac.
21.
The
horse-bread
must
be
sufficient
,
lawfull
,
and
of
due
Assize
,
according
to
the
price
of
corn
.
21.
Jac.
21.
Penaltie
-
1
Fine
.
-
2
Imprisonment
for
a
moneth
without
bayl
.
-
3
Stand
in
the
pillory
without
redemption
of
money
.
-
4
Forejudged
for
keeping
Inne
again
.
21.
Jac.
21.
Vide
Inneholder
.
Hospitall
.
The
Bishop
and
Chancellour
,
with
2
Justices
of
Peace
next
inhabiting
,
may
charge
the
collectors
of
a
revenue
of
an
Hospitall
,
upon
a
pain
,
presently
to
account
and
to
imploy
the
surplusage
to
the
use
of
an
Hospitall
.
L.
556.
14.
Elis
.
Case
5.
39.
Elis.
18.
Hospitality
,
vide
Religious
house
.
House
.
1
A
mans
house
is
his
castle
for
defence
.
D.
177.
2
It
protecteth
against
any
arrest
at
the
suit
of
any
subject
.
ibid.
3
In
some
cases
it
is
a
priviledge
against
the
Kings
Prerogative
;
for
it
hath
been
adjudged
that
Salt-peter
men
may
not
digge
in
a
Mansion-house
without
the
Kings
consent
.
ibid.
Theeves
or
murderers
attempting
to
rob
or
murder
a
man
in
his
house
,
he
may
assemble
company
&
kill
any
of
them
,
and
forfeiteth
nothing
.
ib.
He
may
beat
him
that
will
enter
upon
his
possession
,
but
may
not
kill
him
.
Quaere
if
he
may
hire
strangers
to
aid
him
,
or
put
his
ordinary
company
in
armour
,
Dal.
177
,
178.
Vide
plus
Homicide
.
House
of
Correction
.
House
of
Correction
with
implements
and
backsides
,
fitting
for
setting
on
work
idle
persons
,
to
be
erected
and
provided
in
a
convenient
place
in
every
county
before
Michael
.
1611.
the
same
to
be
conveyed
over
to
such
as
by
the
greatest
part
of
the
Iustices
at
the
Q.
Sessions
shall
be
chosen
to
be
imployed
for
setting
on
work
idle
and
disorderly
persons
,
on
pain
of
5
pound
for
every
Iustice
of
Peace
,
the
one
moytie
to
the
informer
,
the
other
towards
the
erecting
of
the
house
.
7.
Jac.
4.
Master
of
the
said
house
to
be
appointed
by
most
of
the
Iustices
of
the
Q.
Sessions
,
next
after
providing
of
the
said
house
,
who
is
to
set
on
work
and
moderately
to
correct
by
whipping
or
fettering
such
persons
as
shall
be
sent
to
him
.
7.
Jac.
4.
Constables
shall
appeare
before
the
Iustices
of
Peace
twice
in
the
yeare
,
and
give
account
upon
oath
in
writing
,
under
the
hand
of
the
minister
,
what
rogues
have
been
apprehended
,
and
how
many
punished
.
7.
Jac.
4.
Master
of
the
house
of
correction
giving
sufficient
securitie
for
performance
and
continuance
of
his
service
,
is
to
have
yearely
such
money
as
by
most
of
the
Iustices
at
Q.
Sessions
shall
be
thought
meet
,
to
be
paid
quarterly
by
the
Treasurer
,
or
els
the
master
to
levy
it
in
such
sort
as
the
Treasurer
may
.
7.
Jac.
4.
Constables
not
safely
conveying
to
the
house
of
correction
such
as
by
the
Iustices
of
Peace
at
their
meeting
for
the
execution
of
the
statute
,
7.
Jac.
4.
shall
be
sent
thither
,
to
pay
such
fine
under
40
shill.
as
by
most
of
the
Iustices
shall
be
assessed
.
7.
Jac.
4.
A
woman
,
having
a
bastard
which
may
be
chargeable
to
the
parish
,
for
the
first
offence
to
be
sent
to
the
house
of
correction
one
yeare
,
for
the
second
offence
to
be
sent
to
the
house
of
correction
,
and
to
remain
there
till
she
finde
sureties
for
the
good
behaviour
,
and
not
to
offend
so
again
.
7.
Jac.
4.
Any
able
to
work
and
threatning
to
runne
away
and
leave
their
families
upon
the
parish
,
upon
oath
of
two
witnesses
before
two
Iustices
of
the
said
division
,
to
put
in
sureties
for
discharge
of
the
parish
,
or
to
be
sent
to
the
house
of
correction
.
7.
Jac.
4.
Master
of
the
house
of
correction
quarterly
at
the
Sessions
must
yeeld
account
of
such
as
have
been
committed
,
or
is
to
be
fined
by
most
of
the
Iustices
.
7.
Jac.
4.
If
any
committed
become
troublesome
to
the
countrey
by
going
abroad
,
or
escape
without
lawfull
delivery
,
the
master
is
to
be
fined
by
most
of
the
Iustices
at
the
Q.
Sessions
.
7.
Jac.
4.
All
penalties
not
limitted
by
the
statute
,
4.
Jac.
4.
shall
be
payd
to
the
Treasurer
and
accounted
by
him
.
7.
Jac.
4.
Vide
plus
Poore
people
.
Hunting
.
One
Justice
of
Peace
,
upon
information
of
any
unlawfull
hunting
of
Deere
or
Conyes
by
night
,
or
with
painted
faces
,
or
other
disguising
in
forrest
,
park
,
or
warren
,
may
make
warrant
to
the
Sheriffe
,
Constable
,
Bayliffe
,
or
other
officer
,
to
take
the
party
suspected
,
and
to
bring
him
before
him
or
some
other
Justice
to
examine
him
thereof
:
and
if
he
conceal
the
hunting
or
any
offender
with
him
therein
,
the
concealment
is
felony
in
the
concealer
,
but
the
truth
confessed
is
but
fineable
at
the
next
Q.
Sessions
.
1.
H.
7.
7.
Dal.
57.
L.
191.
To
disobey
such
a
warrant
,
or
make
rescous
thereupon
,
is
felony
.
1.
H.
7.
7.
Dal.
57.
The
Justice
of
Peace
that
taketh
examination
of
the
offender
,
may
after
the
examination
binde
the
offender
to
his
good
behaviour
,
to
the
end
he
be
forthcoming
till
the
offence
and
the
offenders
be
lawfully
examined
.
Dal.
57.
Unlawfull
hunting
by
3
or
more
will
grow
a
riot
.
Dal.
57.
Any
by
night
or
day
wrongfully
entring
into
any
inclosed
ground
,
kept
for
keeping
of
Deer
or
Conyes
,
and
there
chasing
or
killing
of
them
,
upon
conviction
to
be
imprisoned
3
moneths
without
bayl
,
and
there
to
continue
till
he
pay
treble
damages
and
costs
to
be
assessed
by
the
Iustices
before
whom
he
is
convicted
,
or
pay
to
the
party
grieved
10
pound
at
the
election
of
the
party
grieved
,
7.
Jac.
13.
and
finde
sureties
for
his
good
behaviour
7
yeares
.
3.
Jac.
13.
Lamb.
441.
The
party
grieved
,
or
the
Iustice
of
Peace
,
upon
satisfaction
of
the
party
grieved
,
and
confession
of
his
offence
,
and
that
he
is
sory
for
the
same
,
in
open
Sessions
may
release
the
offender
of
his
bond
for
the
good
behaviour
.
3.
Jac.
13.
The
statute
3.
Jac.
13.
doth
not
promise
offenders
in
parks
or
inclosed
grounds
made
after
the
statute
,
without
the
Kings
license
.
3.
Jac.
13.
Enquiring
,
hearing
and
determining
of
offences
against
the
statute
3.
Jac.
13.
may
be
made
by
the
Iustices
of
Peace
and
Peace
and
Goal-delivery
at
the
Sessions
,
and
they
may
award
processe
upon
enditements
,
informations
,
bills
of
complaint
,
or
other
actions
wherein
no
essoin
,
&c.
3.
Jac.
13.
Any
not
having
lands
of
inheritance
in
his
own
or
wives
right
,
of
the
cleare
yearly
value
of
10
po.
or
for
term
of
life
of
30
po.
per
annum
,
or
goods
to
his
own
use
worth
300
po.
keeping
Greyhound
to
course
deer
or
hare
,
except
the
sonne
of
a
knight
or
Baron
of
parliament
,
or
sonne
and
heir
of
an
Esquire
,
upon
conviction
by
confession
or
oath
of
2
witnesses
before
2
I.
of
P.
where
the
offence
is
the
party
apprehended
to
be
imprisoned
3
moneths
without
bayl
,
except
he
presently
pay
to
the
Churchwardens
where
the
offence
was
committed
or
party
apprehended
,
40
shill.
to
the
use
of
the
poore
of
the
said
parish
.
1.
Jac.
27.
Any
having
lands
in
fee
simple
or
fee
tayl
of
a
100
po.
per
annum
,
finding
any
not
having
lands
of
40
po.
per
annum
;
nor
worth
200
po.
in
goods
,
to
use
any
gun
,
bow
,
dogs
,
or
engines
for
killing
of
deer
or
hare
,
except
parker
or
warrener
,
or
owners
of
either
of
them
,
or
other
grounds
inclosed
for
deer
or
conyes
,
that
shall
be
yearely
worth
40
shill.
may
take
any
their
gunnes
,
bowes
,
engines
and
dogges
,
and
keep
them
to
his
own
use
.
3.
J.
13.
Lay
person
not
having
lands
per
annum
,
spirituall
person
a
benefice
not
above
10
po.
per
annum
,
keeping
dogs
to
hunt
,
or
using
ferrets
,
&c.
shall
be
imprisoned
for
a
yeare
.
13.
R.
E.
13.
Vide
Parks
.
Hundred
.
Hundred
with
the
liberties
therein
to
be
equally
taxed
by
2
Iustices
of
Peace
,
one
to
be
of
the
Quorum
,
in
or
near
the
hundred
,
for
relief
of
those
that
are
robbed
.
27.
Elis
.
13.
Dal.
104
,
256.
The
robbed
shall
not
have
his
action
upon
the
statute
of
27.
Elis.
13.
except
he
first
with
all
speed
convenient
give
notice
of
the
robbery
to
some
inhabitant
near
the
place
where
he
was
robbed
.
2
Commence
his
suit
within
a
year
next
after
such
robbery
committed
.
3
He
being
examined
upon
his
oath
within
20
dayes
next
before
such
actions
brought
by
one
Iust.
where
the
robbery
was
committed
,
dwelling
near
to
the
hundred
,
if
he
knew
the
robbers
or
any
of
them
.
If
he
knew
any
of
the
robbers
before
such
action
,
he
shall
be
bound
before
the
said
Iustice
to
prosecute
the
offenders
effectually
by
enditement
,
or
otherwise
by
course
of
law
.
Dal.
104.
The
hundred
must
answer
the
losse
,
if
the
robbers
be
not
taken
within
40
dayes
.
Dal.
104
,
256.
Cro.
179.
a.
A
man
is
slain
out
of
a
town
,
and
the
murderer
doth
escape
,
the
hundred
shall
be
charged
therewith
.
256.
Jurie
of
one
hundred
may
present
an
offence
done
in
another
hundred
.
Lam.
399.
Hue
and
Crie
.
For
the
apprehending
of
homicides
,
burglars
,
robbers
,
and
other
felons
,
hue
and
crie
shall
be
made
,
and
every
man
shall
follow
the
hue
and
crie
;
and
he
that
doth
not
,
shall
be
attainted
to
appeare
.
before
the
Justice
of
goal-deliverie
.
It
seemeth
any
Iustice
of
Peace
may
binde
him
over
by
the
commission
.
Dal.
256.
Cro.
179.
b.
Hue
and
crie
ought
to
be
made
from
town
to
town
,
from
countrey
to
countrey
,
by
horse-men
and
foot-men
,
13.
Ed.
1.
12.
27.
El.
13.
Dal.
57.
Cro.
178.
b.
179.
and
upon
committing
of
any
robberie
or
felonie
,
the
officer
of
the
town
where
it
was
done
,
ought
to
send
hue
and
crie
to
every
town
round
about
him
.
Dal.
57.
Cro.
178.
b.
Every
Iustice
of
Peace
may
cause
hue
and
crie
,
fresh
suit
and
search
to
be
made
upon
any
murder
,
robberie
,
theft
,
or
other
felonie
committed
,
by
force
of
the
first
assignavimus
.
Dal.
39
,
57.
Lam.
185.
By
a
false
hue
and
crie
to
enter
into
any
house
with
the
Constable
,
to
binde
and
robbe
the
Constable
and
master
of
the
house
in
the
night
,
is
burglarie
.
Lam.
263.
Vide
plus
Robberie
.
Jesuites
&
Seminarie
Priests
.
ANy
Justice
of
Peace
within
the
Countie
in
which
any
Jesuites
,
Seminarie
Priests
,
or
other
Priests
,
Deacons
,
religious
or
Ecclesiasticall
person
shall
arrive
or
land
,
may
within
three
dayes
after
take
the
submission
,
oath
,
and
acknowledgement
of
him
touching
his
obedience
to
the
King
and
laws
provided
in
cases
of
religion
.
27.
El.
2.
Lam.
189.
Dal.
80.
Every
one
understanding
that
any
such
Priest
,
&c.
shall
be
within
any
of
the
Kings
dominions
,
ought
to
discover
the
same
to
some
Justice
or
other
superiour
officer
,
within
ten
dayes
after
such
knowledge
,
under
the
pain
of
fine
and
imprisonment
;
&
the
Justice
within
28
dayes
must
give
information
thereof
to
one
of
the
privie
Councell
,
on
pain
of
200
marks
.
27.
El.
2.
Lam.
198.
Two
Justices
of
Peace
of
the
countie
where
any
of
the
Kings
subjects
that
are
no
Jesuites
,
&c.
brought
up
in
any
Colledge
of
Jesuites
,
or
in
Seminaries
,
shall
arrive
within
six
moneths
after
proclamation
made
to
that
end
,
may
within
two
dayes
after
their
return
take
their
submission
under
the
oath
of
alleagiance
.
1.
El.
27.
El.
2.
To
receive
Jesuites
or
Seminarie
Priests
,
contrarie
to
the
statute
,
is
felonie
.
27.
Elis
.
Lam.
414.
Any
within
three
dayes
after
the
offence
committed
,
discovering
to
any
Justice
of
Peace
any
Recusant
,
Seminarie
,
or
popish
Priest
,
or
any
Masse
to
have
been
said
,
any
of
them
then
present
there
,
and
by
reason
of
his
discoverie
any
offender
be
taken
and
convicted
,
shall
be
freed
from
the
danger
of
the
offence
,
and
have
the
third
part
of
the
forfeiture
by
such
offence
.
3.
Jac.
5.
Lam.
199.
Dal.
81.
Imprisonments
,
vide
Prison
.
Indictments
,
vide
Enditements
.
Information
.
Information
against
a
felon
,
whether
he
shall
be
taken
by
oath
or
no
,
is
uncertain
:
but
Lam.
213
,
214
,
215.
and
Dal.
264.
and
Cro.
194.
a.
do
best
allow
it
by
oath
.
No
proces
can
be
awarded
upon
information
of
a
private
person
,
unlesse
where
the
statute
particulatly
warranteth
enquirie
by
information
,
at
the
statute
of
5.
Elis.
4.
of
labourers
,
5.
Elis.
21.
of
taking
of
fish
,
deer
,
or
hawks
.
Information
of
such
as
bring
a
felon
,
must
be
taken
by
a
Iustice
of
Peace
:
so
much
thereof
as
is
materiall
he
must
put
in
writing
within
two
dayes
after
the
examination
.
Dal.
159.
Lam.
212.
Two
inform
against
another
in
matter
of
felonie
,
and
do
varie
in
their
talks
,
viz.
in
the
day
and
place
when
and
where
it
was
committed
;
such
information
is
not
to
be
credited
.
Dal.
26.
Cro.
100.
The
bringer
of
the
suspected
will
not
inform
,
it
is
meet
to
binde
him
over
to
give
evidence
,
Dal.
262.
Form
of
a
recognizance
for
the
informer
against
a
felon
,
Lam.
214
,
216.
Informers
,
and
Promoters
.
Informer
compounding
for
any
offence
against
a
penall
law
,
without
consent
of
some
of
the
Court
of
Westminster
,
or
willing
the
delaying
or
discontinuing
a
suit
,
loseth
40
pound
,
and
is
to
stand
in
the
pillorie
being
convict
thereof
at
the
Quarter
Sessions
.
18.
El.
5.
27.
El.
10.
Lam.
439
,
609.
Ingrosser
.
Ingrosser
is
he
that
by
any
contract
,
unlesse
by
grant
of
land
or
tithe
,
buyeth
corn
on
the
ground
or
other
dead
victualls
,
to
the
intent
to
sell
them
again
,
except
buyers
of
barley
or
oats
,
to
make
malt
or
oatmeal
.
Victuallers
not
forestalling
,
Badgers
and
Drovers
not
abusing
their
lawfull
license
,
buyers
of
forrein
commodities
,
except
fish
&
salt
,
are
excepted
.
5.
Ed.
6.
14.
Elis
.
cap.
15.
13.
Elis
.
15.
Lam.
451.
Inneholder
.
Inneholder
taking
any
thing
for
litter
,
or
excessively
for
hay
,
or
above
a
half
penie
a
bushel
above
the
market
for
oats
;
loseth
foure
times
the
value
of
the
overplus
.
13.
R.
1.
8.
4.
H.
1.
25.
Lam.
473.
repealed
.
7.
Jac.
21.
Vide
plus
Horse-bread
.
Inneholder
or
alehouse-keeper
may
be
compelled
by
a
Constable
to
lodge
strangers
.
Dal.
28.
edit.
1626.
Inneholder
that
suffereth
a
non-inhabitant
to
tipple
in
his
house
,
shall
incurre
the
penaltie
limited
,
1.
Jac.
9.
1.
cap.
4.
Innekeeper
,
taverner
,
victualter
,
is
within
the
statute
,
Jac.
9.
4.
Jac.
1.
cap.
4.
Inmates
,
vide
Cottages
.
Inrolment
.
One
Iustice
of
Peace
may
joyn
with
the
Clerk
of
the
Peace
in
taking
of
an
inrolment
of
an
indenture
of
bargain
and
sale
of
lands
,
&c.
lying
in
the
same
Countie
,
11.
H.
7.
15.
and
is
to
have
12
pence
if
the
land
exceed
not
in
value
10
shillings
a
yeare
;
and
if
it
do
,
then
2
shill.
6
pence
;
and
taking
above
,
fined
.
17.
H.
8.
15.
Lam.
196
,
369
,
393.
436.
Issues
.
The
Sheriffe
that
gathereth
other
estreats
of
issues
then
of
right
are
due
,
forfeiteth
5
marks
to
the
King
,
as
much
to
the
partie
.
27.
Elis
.
7.
Lam.
32.
Forfeitures
of
issues
by
jurours
are
to
be
levyed
by
Records
of
execution
awarded
by
the
Iustice
of
Peace
.
27.
Elis
.
7.
Lam.
585.
Judgement
.
Ambiguitie
arising
in
judgement
,
the
Iustice
of
Peace
shall
forbear
to
proceed
till
the
Iudges
come
;
but
if
they
will
proceed
,
the
judgement
is
not
void
but
must
be
reversed
.
Lam.
568.
Where
the
statute
appointeth
a
punishment
,
there
judgement
must
be
according
to
the
statute
upon
trespasse
,
riots
,
and
such
other
offences
:
where
no
forfeiture
is
prescribed
,
judgement
is
to
be
taken
and
ransomed
.
Lamb.
510.
Vide
plus
the
severall
offences
.
Jurours
.
Iurours
both
for
enquirie
and
triall
,
ought
to
be
Probi
&
legales
homines
.
Lam.
396.
What
persons
may
not
be
jurours
,
and
being
jurours
make
presentments
void
,
unlesse
there
be
twelve
besides
.
1
Attainted
in
conspiracie
,
2
Attaint
,
3
Decies
●antùm
,
4
Subornation
of
perjurie
,
5
Concealment
,
&c.
and
their
presentment
void
,
unlesse
there
be
twelve
besides
them
that
are
not
blemished
,
Lam.
396.
6
Outlawed
,
7
Abjured
,
8
Condemned
in
a
Praemunire
,
9
Attainted
of
treason
,
10
Felonie
,
&c.
ibid.
11
Women
,
12
Infants
under
14
yeares
of
age
,
13
Aliens
,
14
Clergie-men
.
ibid.
Iuroure
must
be
inhabitants
or
freeholders
within
the
Countie
,
to
the
value
of
40
shillings
per
annum
,
but
in
Cities
and
Boroughs
to
the
value
of
40
shill.
in
goods
.
369
,
397.
Iurours
for
triall
of
an
indictment
within
the
Countie
Palatine
of
Lancaster
must
have
5
pound
per
annum
.
ibid.
Iurour
70
yeares
old
or
decrepit
,
returned
by
the
Sheriffe
,
must
serve
if
the
Iustice
will
;
but
he
may
sue
the
Sheriffe
upon
the
statute
of
Westminster
,
2.
38.
Lam.
397.
if
he
be
exempted
by
Charter
.
Lam.
ibid.
Iurour
exempted
by
Charter
with
these
words
,
Licet
tangat
nos
,
is
to
be
discharged
upon
his
appearance
,
but
he
ought
to
shew
it
to
the
Sheriffe
.
ibid.
When
there
is
want
of
sufficient
Iurours
,
no
exemption
can
discharge
.
ibid.
Presentment
is
good
though
some
of
the
Iurours
he
allyed
to
him
that
procureth
the
presentment
:
but
it
is
no
discretion
in
the
Iustice
to
suffer
any
such
to
be
impannelled
.
Lam.
398.
If
the
particular
jurours
for
the
hundred
cannot
be
supplied
by
those
of
the
hundred
,
it
is
better
to
take
Tales
de
circumstantibus
,
of
other
hundreds
,
then
to
be
renewed
with
a
Tales
from
Sessions
to
Sessions
.
Lam.
398.
Jurie
of
one
hundred
may
present
an
of●…nce
done
in
another
hundred
.
Lam.
399.
Iustices
may
command
the
Sheriffe
to
alter
the
pannell
,
and
he
refusing
forfeiteth
10
pound
.
ibid.
3.
H.
8.
12.
All
the
jurours
must
be
sworn
,
otherwise
their
presentments
are
void
:
but
the
Record
being
that
all
the
jurours
were
sworn
,
the
presentments
are
good
though
all
be
not
sworn
.
Lam.
399.
Iurour
after
he
is
sworn
,
upon
cause
may
be
removed
by
the
Iustice
.
Lam.
400.
20.
H.
6.
5.
Iurie
after
swearing
adjourned
to
another
time
,
may
be
then
sworn
again
.
ibid.
Iurours
of
enquirie
must
be
12
,
but
there
may
be
more
,
and
it
is
best
to
have
them
odde
.
Lam.
400.
ibid.
If
12
jurours
do
agree
,
the
residue
cannot
gainsay
.
ibid.
Iuries
of
enquirie
ought
not
to
be
committed
to
a
keeper
,
nor
kept
without
victuals
,
nor
carried
out
of
the
town
,
but
may
be
adjourned
to
another
place
to
give
up
their
verdict
.
Lam.
400.
Iurours
which
do
carefully
conceal
offences
presentable
,
and
which
be
complained
of
by
bill
,
may
be
enquired
of
by
persons
whereof
every
one
may
dispend
40
shillings
per
annum
;
and
such
concealment
being
found
within
a
yeare
after
,
every
jurour
shall
be
amerced
in
open
Sessions
.
3.
H.
7.
2.
Lam.
400
,
401.
Iurours
that
discover
what
they
have
done
,
are
to
be
fined
.
Lam.
402.
Iurour
taking
any
thing
to
make
a
favourable
presentment
,
shall
be
imprisoned
and
ransomed
.
Lamb.
441.
Cro.
84.
a.
No
jurour
to
be
returned
without
an
addition
whereby
he
may
be
known
.
27.
Elis.
7.
Vide
plus
Challenge
.
Justices
of
the
Peace
.
Iustices
of
Peace
were
created
1.
Ed.
6.
3.
16.
Dal.
4.
Lamb.
20.
Iustice
of
Peace
is
Iustice
of
Record
.
Dal.
415.
Cro.
120.
a.
Lam.
62.
He
may
take
a
recognizance
of
Peace
,
which
none
can
do
but
a
Iudge
of
Record
.
Dal.
6.
Lam.
186.
Cro.
196.
His
warrant
is
not
disputable
by
the
Constable
,
Dal.
6.
Lam.
65.
Cro.
147.
b.
but
it
is
to
be
understood
when
the
Iustice
of
Peace
hath
jurisdiction
of
the
cause
.
Dal.
6
,
292.
Cro.
147.
b.
Lam.
65
,
91.
His
testimonie
in
some
cases
is
of
as
great
force
,
and
in
some
cases
greater
then
an
indictment
of
12
men
upon
oath
,
as
in
the
cases
of
force
,
riots
,
presentments
of
high-wayes
.
Dal.
6.
Lam.
65.
The
authoritie
granted
to
Iustice
of
Peace
by
commission
doth
determine
by
oath
of
the
King
,
at
the
Kings
pleasure
.
As
to
be
discharged
by
wi●…
under
the
great
seal
.
2
By
Supersedeas
.
3
By
granting
a
new
commission
and
knowledge
thereof
.
Dal.
8.
Cro.
188.
a
Lamb.
77.
2
By
publishing
the
new
commission
at
Assizes
or
Sessions
,
or
any
countie
court
.
3
By
holding
open
Sessions
by
vertue
of
the
new
commission
.
Dal.
8.
Cro.
188.
a.
Lam.
69.
Exercising
the
office
of
a
Justice
of
Peace
before
oath
taken
,
is
fineable
.
Dal.
11
,
304.
Justice
of
Peace
hath
not
authoritie
but
in
the
countie
where
be
is
Justice
.
Dal.
21.
Justice
of
Peace
is
not
to
meddle
with
offences
done
out
of
the
countie
,
Dal.
16.
Cro.
120.
b.
except
some
statute
enable
him
,
or
some
matter
of
Peace
or
Felonie
.
Dal.
21.
Justice
of
Peace
is
not
to
intermeddle
in
any
citie
or
corporation
,
which
have
their
proper
Justices
.
Dal.
21.
Cro.
8.
a.
181.
b.
189.
2.
Justices
of
Peace
ought
not
to
execute
their
offices
in
their
own
case
.
Dal.
304.
Cro.
68.
a.
Yet
a
Justice
of
Peace
being
assaulted
,
may
commit
the
offender
to
prison
.
Dal.
128
,
304.
Cro.
68.
a.
Lam.
134.
So
Crompt
.
thinketh
that
a
Justice
of
Peace
may
record
a
forcible
entry
made
upon
his
own
possession
,
and
commit
the
offender
.
Cro.
67.
b.
68.
a.
Justice
of
Peace
chargeth
one
that
maketh
an
assault
or
affray
,
to
keep
the
Peace
;
who
answereth
,
he
will
not
;
the
Justice
of
Peace
may
binde
him
to
his
good
behaviour
.
Dal.
162.
Iustice
of
Peace
must
proceed
by
the
prescript
of
the
commission
and
statute
.
Dal.
18.
Where
the
statute
referreth
the
triall
,
&c.
to
the
Iustice
of
Peace
his
discretion
,
it
seemeth
he
may
examine
upon
oath
.
Dal.
20
,
121.
One
Iustice
of
Peace
ought
not
to
binde
one
to
appeare
at
the
Qu.
Sessions
to
answer
his
fauit
committed
against
a
penall
law
,
except
the
statute
of
Labourers
.
Lam.
187.
Every
Iustice
of
Peace
is
a
conservatour
of
rites
within
his
countie
.
Lam.
18
,
9.
Iustice
of
Peace
not
giving
remedie
to
the
partie
grieved
in
a
cause
that
may
be
heard
,
determined
,
and
executed
by
him
,
upon
complaint
to
the
Iudges
of
Assize
,
or
the
Lord
Chancellour
,
is
to
be
put
out
of
commission
by
the
Lord
Chancellour
,
and
punished
according
to
his
desert
.
4.
Hen.
7.
12.
Lam.
330.
Dal.
305.
One
Iustice
of
Peace
may
command
fresh
suit
,
hue
and
cry
,
and
search
to
be
made
by
officers
and
others
,
after
theirs
,
robberies
,
enjoyn
watches
for
the
arresting
of
suspected
persons
and
night-walkers
,
high-wayes
to
be
enlarged
,
that
two
Constables
be
chosen
in
every
hundred
,
forbid
faires
and
markets
in
Churchyards
,
command
all
between
15
and
60
to
be
sworn
to
the
peace
,
charge
the
Constable
to
arrest
all
such
as
be
suspected
to
be
draw-latches
.
Lam.
185.
Iustice
of
Peace
taking
bond
in
his
own
name
,
and
not
anno
Regis
,
in
a
cause
touching
the
King
,
is
to
be
imprisoned
.
33.
Hen.
8.
39.
Iustices
of
Peace
at
their
Sessions
are
of
equall
authoritie
.
Lam.
385.
Vide
Cro.
122.
ann.
33.
The
authoritie
of
a
Iustice
of
Peace
doth
cease
,
1
by
the
Kings
death
;
2
by
the
expresse
will
,
viz.
by
writ
under
the
great
Seal
,
or
supersedeas
;
3
by
being
left
out
of
the
commission
;
4
by
accession
of
another
office
,
as
being
made
Sheriffe
,
or
Coroner
of
the
countie
.
Dal.
89.
Cro.
121.
ann.
314.
Iustice
of
Peace
must
send
his
prisoners
to
the
common
goal
.
Lam.
133.
Dal.
30.
125.
A
felon
is
brought
before
a
Iustice
of
Peace
upon
suspicion
,
though
it
appeare
to
the
Iustice
he
is
not
guiltie
,
yet
he
may
not
set
him
at
libertie
,
but
so
as
he
may
come
to
his
triall
,
Dal.
260
,
305
,
242.
Lam.
233.
Cro.
40.
b.
100.
b.
otherwise
it
will
prove
a
voluntarie
escape
in
the
Iustice
;
for
he
is
not
to
be
delivered
by
any
mans
discretion
.
Dal.
8.
Lam.
ut
suprá
.
A
man
is
arrested
for
felonie
by
a
Constable
or
other
,
who
afterwards
hath
knowledge
that
there
is
no
such
felonie
done
,
the
opinion
of
Keble
was
that
he
might
set
him
at
libertie
:
but
if
one
be
killed
,
and
another
be
arrested
for
suspicion
,
though
after
he
know
the
arrested
is
guiltlesse
,
or
was
arrested
for
malice
,
he
ought
not
to
set
him
at
libertie
,
but
must
be
delivered
by
course
of
law
,
otherwise
it
is
felonie
.
Cro.
40.
What
things
a
Justice
of
Peace
ought
to
do
ex
officio
.
Record
a
demurrer
upon
the
evidence
.
Lamb.
539.
Give
day
to
the
partie
to
bring
in
a
record
that
it
before
other
Iustices
,
which
is
pleaded
by
way
of
justification
.
Lam.
534.
If
thinking
an
enditement
to
be
void
,
they
have
discharged
the
prisoner
paying
his
fees
;
yet
(
upon
change
of
their
opinion
)
they
may
stay
him
any
time
before
judgement
.
Lam.
540.
Iustices
of
Peace
ought
not
to
suffer
the
King
to
be
disadvantaged
,
if
they
may
lawfully
prevent
it
.
Lam.
540.
In
absence
of
the
Kings
Atturney
,
the
Iustice
of
Peace
may
take
issue
with
one
that
pleadeth
a
pardon
,
that
he
is
one
of
the
parties
excepted
.
Lam.
540.
Iustice
of
Peace
cannot
acquit
felons
of
proclamations
;
but
if
no
prosecution
be
,
they
are
to
keep
them
till
the
coming
of
the
Iustice
of
goal-delivery
.
Lam.
550.
Iustice
of
Peace
may
enquire
of
all
manner
of
felonies
at
the
common
law
,
or
given
by
any
statute
,
and
of
ail
manner
of
trespasses
done
against
the
Peace
of
the
King
,
and
of
such
trespasser
wherein
action
of
the
case
will
lie
for
trespasse
or
decritz
for
in
the
end
of
the
writ
grounded
upon
the
case
is
contained
contra
pacem
nostram
.
Cro.
8.
●
.
One
J.
of
Peace
rebukes
another
;
neither
he
,
nor
any
of
his
fellow
Justices
,
can
commit
him
,
for
all
are
by
one
authoritie
:
but
if
one
Justice
abuse
another
in
open
Sessions
,
it
seemeth
the
rest
may
binde
him
to
the
Peace
.
Cro.
102.
a.
Fitz.
32
,
92.
Defaults
against
the
statute
3.
Hen.
6.
11.
for
levying
of
wages
for
Knights
of
the
shire
,
are
to
be
heard
and
determined
by
enquirie
for
the
King
,
or
action
for
the
partie
before
the
Just.
of
Peace
.
Lam.
512.
Labourers
and
Servants
.
ONe
Justice
of
Peace
may
cause
all
artificers
and
other
persons
meet
to
labour
,
by
his
discretion
,
to
work
by
the
day
in
hay
and
corn-harvest
time
,
or
imprison
the
refusers
in
the
stocks
for
two
dayes
and
one
night
.
5.
Elis
.
2.
Dal.
59.
The
Constable
refusing
to
stock
them
loseth
40
shill.
One
Justice
of
Peace
under
his
hand
and
seal
may
license
labourers
in
hay
and
harvest
time
to
go
into
another
countrey
to
work
.
Dal.
59.
One
Justice
of
Peace
upon
complaint
may
compell
meet
persons
to
be
bound
as
apprentices
to
husbandry
or
any
other
art
,
&c.
and
for
refusall
commit
them
to
ward
,
there
to
remain
untill
they
be
bound
to
serve
according
to
the
statute
.
Dal.
53
,
76.
5.
Elis.
4.
One
Justice
of
Peace
may
take
order
betwixt
the
master
and
apprentice
,
for
want
of
conformitie
in
the
master
,
binde
him
over
to
the
Qu.
Sessions
,
where
foure
Iustices
,
one
being
of
the
Quorum
,
may
discharge
the
apprentice
:
and
if
fault
be
in
the
apprentice
,
inflict
due
correction
,
Dal.
59.
but
if
the
first
Iustice
finde
fault
in
the
apprentice
,
he
may
by
7
Jac.
send
him
to
the
house
of
correction
as
an
idle
disorderly
person
.
Dal.
60.
One
Iustice
of
Peace
may
allow
of
the
cause
of
putting
away
of
a
servant
,
or
of
his
departure
within
his
●…m
.
Dal.
60.
But
an
apprentice
by
4
Iustices
of
Peace
in
open
Sessions
.
ibid.
One
Iustice
of
Peace
may
command
vagrant
persons
to
prison
if
they
will
not
serve
.
Dal.
63.
One
Iustice
of
Peace
may
make
his
warrant
to
attach
a
servant
departing
,
to
be
at
the
Sessions
,
or
may
send
him
to
the
house
of
correction
.
Dal.
77.
Two
Iustices
of
Peace
,
upon
complaint
that
a
servant
departed
before
the
end
of
his
term
(
except
1
cause
be
allowed
by
one
Iustice
of
Peace
;
or
a
at
the
end
of
his
term
,
without
one
quarters
warning
before
two
witnesses
;
or
3
hath
refused
to
serv:
for
the
wages
appointed
according
to
the
statute
;
or
4
hath
promised
to
serve
accordingly
,
and
doth
not
)
may
examine
the
matter
,
and
may
commit
without
bail
such
faultie
person
till
he
be
bound
to
serve
and
continue
,
and
then
he
is
to
be
discharged
without
see
to
the
goaler
.
Dalt
.
60.
Lamb.
350.
Two
Justices
of
the
Peace
may
imprison
the
master
for
10
dayes
without
bayl
,
and
the
servant
for
21
dayes
,
that
giveth
or
taketh
greater
wages
then
are
allowed
by
statute
.
Dal.
61.
Lamb.
330.
All
retainer
,
promise
,
or
payment
of
wages
,
or
any
other
thing
contrary
to
statute
,
and
every
writing
and
bond
for
the
purpose
is
void
.
Dal.
61.
5.
Elis.
4.
Two
Justices
of
Peace
may
imprison
for
a
yeare
or
more
any
servant
,
workman
,
or
labourer
,
that
doth
make
assault
or
affray
upon
his
master
,
or
any
that
hath
the
charge
or
oversight
of
them
or
of
the
work
,
being
proved
by
the
confession
of
the
party
,
or
oath
of
two
.
Dal.
6●
.
Or
the
Justices
at
the
Sessions
may
inflict
other
punishment
.
One
Iustice
may
binde
the
offender
to
the
good
behaviour
,
and
so
to
the
next
Sessions
.
Dal.
78.
Edit.
16●6
.
Lam.
330
,
&
473.
Two
Iustices
may
compell
any
woman
of
the
age
of
12
and
under
40.
being
unmarried
,
to
serve
by
the
yeare
,
week
or
day
,
for
such
wages
as
they
shall
think
meet
,
or
commit
her
to
ward
till
she
be
bound
.
Dal.
61.
Lamb.
330
,
331.
The
retainer
of
any
to
serve
in
the
arts
of
clothing
,
Wooll-weaver
,
Tucker
,
Fuller
,
Clothworker
,
Sheerman
,
Dyer
,
Hosier
,
Taylor
,
Shoemaker
,
Tanner
,
Pewterer
,
Baker
,
Brewer
,
Glover
,
Cutler
,
Smith
,
Farrier
,
Currier
,
Sadler
,
Spurrier
,
Turner
,
Bowyer
,
Fletcher
,
Arrowhead-maker
,
Butcher
,
Cook
or
Miller
for
lesse
then
a
yeare
,
is
void
.
5.
Elis
.
4.
Lamb.
473.
Any
unmarried
,
or
under
thirty
yeares
and
married
,
me
compellable
to
serve
in
any
of
the
the
said
arts
,
or
to
be
imprisoned
untill
they
will
serve
,
5.
Elis.
4.
upon
request
of
any
person
using
the
said
trades
,
except
the
person
be
lawfully
retained
with
some
other
,
or
have
40
shill.
per
annum
in
lands
,
or
10
pound
in
goods
,
or
some
farm
in
tillage
.
Dal.
60.
Lamb.
473.
None
retained
in
husbandry
to
depart
at
his
time
into
any
other
limit
without
testimony
,
on
pain
of
20
dayes
imprisonment
,
and
to
be
whipped
,
if
then
he
brings
none
;
and
receiver
of
such
loseth
5
pound
.
Lamb.
474.
Dal.
64.
Labourers
not
working
so
many
houres
as
they
ought
,
lose
a
peny
an
houre
.
Lamb.
474.
Servant
falling
sick
,
or
non
potens
corpore
,
the
master
may
not
put
him
away
,
nor
abate
his
wages
.
Dal.
83.
Any
taking
work
by
great
,
and
departing
unlawfully
before
the
work
be
finished
,
loseth
5
po.
and
is
to
be
imprisoned
for
a
moneth
.
Lamb.
474.
Any
taking
an
apprentice
contrary
to
order
of
law
,
or
exercising
an
art
not
being
apprentice
therein
7
years
,
loseth
10
pound
.
5.
Elis.
4.
5.
Lamb.
475.
Servant
departing
into
another
shire
,
is
indicted
for
it
in
the
county
whence
he
departed
;
the
Justice
of
Peace
may
award
a
Capias
to
the
Sheriffe
of
that
shire
whereunto
he
departed
,
returnable
before
themselves
.
5.
Elis
.
4.
Lamb.
525.
The
sufficiency
of
the
cause
of
the
masters
putting
away
of
his
servant
,
or
the
servants
departing
from
his
master
within
his
term
,
must
be
proved
at
the
Q.
Sessions
.
Lamb.
610.
Houshold
servant
spoileth
the
goods
of
his
deceased
master
,
and
after
proclamation
in
the
Kings
Bench
maketh
default
of
appearance
there
;
it
is
felony
,
but
not
enquirable
by
the
Justice
of
Peace
.
33.
H.
6.
1.
Lamb.
281
,
548.
A
man
not
able
nor
sufficient
to
keep
a
servant
,
doth
retain
a
servant
;
such
retainer
is
void
.
Dal.
63.
Retainer
of
a
servant
in
husbandry
without
expressing
any
term
,
shall
be
for
one
year
,
Crom.
184.
Dal.
64.
it
is
according
to
the
statute
,
5.
Elis.
4.
One
retaineth
a
servant
for
40
dayes
,
and
afterwards
another
retaineth
him
for
a
year
;
the
first
retainer
is
void
.
Cro.
184.
a.
Dal.
64.
A
servant
cannot
be
discharged
by
his
master
without
his
own
agreement
,
or
for
some
cause
allowed
by
a
Justice
of
Peace
.
Dal.
64.
An
apprentice
cannot
be
discharged
by
his
master
but
by
writing
,
for
an
apprentice
cannot
be
but
by
writing
.
Dal.
64
,
62.
Cro.
184.
b.
185.
b.
A
servant
put
away
shall
have
his
proportionall
wages
for
the
time
he
served
,
but
it
must
be
by
the
help
of
a
Justice
of
Peace
.
Dal
64.
A
servant
of
his
own
accord
departing
from
his
service
,
loseth
all
his
wages
.
Dal.
64.
A
servant
refusing
to
do
his
service
,
it
is
a
departure
in
law
,
though
he
stay
still
with
his
master
.
Dal.
64.
Detaining
of
wages
,
or
of
meat
and
drink
,
is
good
cause
of
departure
,
but
to
be
allowed
by
a
Justice
of
Peace
.
Dal.
64
,
65.
Cro.
185.
a.
A
woman
married
after
she
is
retained
,
must
serve
out
her
time
.
Cro.
184.
b.
Dal.
63.
No
servant
in
husbandry
,
artificer
,
or
victualler
,
nor
any
labourer
,
shall
carry
any
buckler
,
dagger
,
or
sword
,
on
pain
to
forfeit
the
same
,
but
for
defence
of
the
realm
,
or
travelling
with
their
master
,
or
about
their
masters
businesse
.
12.
R.
2.
b.
Cro.
185.
b.
Any
two
Justices
of
Peace
may
give
their
consents
with
the
Churchwardens
and
overseers
,
or
to
the
greater
part
of
them
,
to
binde
as
apprentices
the
children
of
poore
parents
,
till
the
age
of
the
man-childe
of
24.
and
of
the
woman
till
21.
39.
Elis
.
3.
Lamb.
331
,
327.
43.
Elis
.
2.
Dal.
63.
Retainer
according
to
statute
,
though
no
wages
be
spoken
of
,
is
good
,
and
shall
have
wages
according
to
the
proclamation
.
Dal.
61.
Retainer
not
being
according
to
statute
,
is
void
,
except
it
be
by
Indenture
.
Dal.
81
,
82.
Retainer
upon
condition
is
good
.
Dal.
82.
Retainer
without
expressing
in
what
office
,
is
good
.
Dal.
82.
Retainer
for
life
is
good
.
Dal.
82.
Retainer
for
a
yeare
to
serve
when
he
shall
be
required
,
is
not
good
.
Dal.
82.
By
retainer
the
servant
is
presently
in
service
,
though
he
come
not
into
his
masters
service
indeed
.
Dal.
82.
The
executour
(
the
master
dying
)
must
pay
wages
to
the
servant
hired
according
to
statute
,
not
otherwise
,
except
it
be
by
Indenture
.
Dal.
83.
Larceny
.
Larceny
is
the
felonious
and
fraudulent
taking
another
mans
personall
goods
,
removed
from
his
body
and
person
,
without
his
will
,
to
the
end
to
steal
them
.
Lamb.
271.
P.
R.
129.
Personall
goods
are
-
Wholly
anothers
-
Dead
,
-
Alive
.
-
His
own
,
yet
also
a
party
in
another
.
Dead
goods
,
-
In
their
own
nature
chattels
,
as
money
,
plate
,
houshold-stuffe
,
Lam.
273.
wooll
severed
from
the
sheeps
backs
,
to
take
the
skinne
and
leave
the
bodie
,
the
flesh
of
tame
or
wilde
fowl
or
beast
,
275.
goods
of
the
Church
,
parish
,
or
of
an
unknown
person
,
276.
-
Once
no
chattels
,
and
made
chattels
by
the
owner
,
as
mowed
corn
,
mowed
hay
,
wood
felled
,
apples
gathered
,
&c.
273
,
276.
Alive
,
-
Tame
,
as
horses
,
beasts
,
sheep
,
swine
,
pullen
.
273
,
274.
-
Wilde
,
&
made
tame
by
-
Art
,
-
Restraint
of
libertie
.
By
art
,
as
-
A
tame
deer
by
common
law
.
275.
-
By
statute
a
falcon
,
tarcelet
,
lanner
,
lanneret
,
lost
without
bringing
it
to
the
Sheriffe
to
be
proclaimed
.
274.
By
restraint
of
their
libertie
,
as
young
pigeons
,
young
herons
,
young
hawks
out
of
their
nests
,
fish
in
a
trunk
,
stew
,
or
pond
.
274.
A
mans
own
goods
,
-
Where
he
hath
given
a
speciall
propertie
to
another
,
as
by
bailment
,
pawning
,
&c.
and
feloniously
taketh
it
again
.
277.
-
Where
one
coming
lawfully
to
the
possession
,
by
lending
altereth
the
propertie
,
as
by
melting
of
borrowed
plate
,
and
the
lender
taketh
the
metall
feloniously
.
277.
In
what
goods
larcenie
cannot
be
commited
.
In
goods
of
-
Profit
,
-
Pleasure
.
Goods
of
profit
,
as
where
is
-
An
owner
:
and
they
are
-
Reall
,
-
Personall
.
-
No
owner
,
as
treasure
trove
,
wrecked
,
strayed
.
Lam.
276.
Reall
are
-
Distinct
from
the
freehold
,
as
charter
of
land
or
award
.
Lam.
275.
-
Annexed
to
the
freehold
,
as
apples
on
the
tree
,
a
tree
growing
,
lead
from
a
house
or
from
a
Church
.
Lam.
276.
Personall
,
as
wilde
things
using
their
wildenesse
,
as
pigeons
flying
,
hawks
not
reclaimed
,
fishes
in
the
river
,
Lam.
274.
Dal.
234.
phesants
,
partridges
,
hares
,
conies
,
herons
,
swans
,
or
deer
that
are
abroad
.
Lam.
275.
Goods
of
pleasure
,
as
dogs
,
apes
,
parrats
,
finging
birds
,
a
diamond
,
rubie
,
or
other
stone
not
set
in
gold
or
silver
.
Lam.
275.
Larcenie
is
-
Grand
larcenie
,
-
Pettie
larcenie
.
Grand
larcenie
is
,
where
the
thing
stollen
is
above
the
value
of
12
pence
,
and
is
punishable
by
death
.
Dal.
229.
Pettie
larcenie
,
if
the
thing
stollen
exceed
not
12
pence
,
and
is
punishable
by
the
discretion
of
the
Justice
before
whom
he
is
arraigned
,
and
forfeiteth
his
goods
.
P.
R.
129.
Dal.
229.
Divers
pettie
larcenies
put
in
one
enditement
,
and
above
the
value
of
12
pence
,
are
punishable
by
death
.
P.
R.
129.
Lam.
273.
Dal.
230.
Divers
found
guiltie
of
one
larcenie
above
12
pence
,
they
all
must
die
for
it
,
for
that
felonie
is
severall
in
law
,
even
as
those
others
were
severed
in
act
.
Lam.
273.
Dal.
230.
What
acts
do
amount
to
larcenie
.
To
carrie
away
the
plate
delivered
to
me
in
a
tavern
to
drink
in
.
Dal.
259.
Cro.
35.
b.
Lam.
278.
To
carrie
those
things
one
is
hired
to
carrie
,
to
another
place
then
he
was
hired
,
and
there
to
convert
them
to
his
own
use
.
Lam.
279.
Dal.
130.
Cro.
36.
a.
A
servant
not
being
an
apprentice
to
go
away
with
the
goods
of
his
master
above
40
shill.
which
were
in
his
custodie
.
Lam.
279
,
280.
Dal.
231.
Carrier
to
convey
away
or
convert
to
his
own
use
the
goods
after
they
are
brought
to
the
place
appointed
by
the
owner
.
Dal.
230.
Lam.
279.
He
to
whom
the
key
of
ones
chamber
doore
is
delivered
,
openeth
the
doore
and
taketh
away
the
goods
.
Lam.
279.
Dal.
233.
A
servant
receiving
20
pound
in
gold
of
his
master
to
keep
,
changeth
it
into
silver
,
and
runneth
away
with
it
;
for
gold
and
silver
are
both
of
one
nature
,
viz.
money
.
Dal.
252.
Cro.
50.
a.
Lam.
281.
A
guest
is
harboured
,
who
carrieth
away
his
sheets
out
of
his
chamber
with
purpose
to
steal
them
,
and
is
taken
in
the
house
.
Dal.
233.
Cro.
35.
a.
Lam.
281.
One
servant
runneth
away
with
the
goods
of
his
master
delivered
unto
him
by
his
fellow-servant
to
the
value
of
40
shill.
or
converteth
them
to
his
own
use
.
Dal.
252.
Cro.
50.
a.
Lam.
281.
A
carrier
embezels
part
of
the
goods
committed
to
his
charge
.
Dal.
231.
Cro.
36.
a.
A
servant
receiveth
of
his
master
a
piece
of
cloth
to
keep
,
and
he
maketh
a
garment
thereof
,
and
goeth
away
therewith
.
Dal.
252.
Cro.
50.
a.
A
servant
taketh
away
or
spoileth
the
goods
of
his
deceased
master
;
upon
default
of
appearance
in
the
Kings
Bench
after
proclamation
,
it
is
felome
.
233.
33.
H.
6.
1.
Lam
281.
Taking
an
horse
feloniously
,
and
apprehended
before
he
get
the
horse
out
of
the
close
.
Dal.
233.
Lam.
282.
The
husband
shall
not
be
punished
for
these
done
by
his
wife
,
he
not
knowing
thereof
,
or
if
after
knowledge
he
presently
forsake
her
and
his
house
.
Lam.
282.
What
acts
do
not
amount
to
larcenie
.
One
having
goods
bailed
unto
him
,
converteth
them
to
his
own
use
.
A
carrier
conveyeth
the
goods
to
another
place
then
he
was
hired
,
and
there
converteth
them
to
his
own
use
.
Lam.
278.
Dal.
231.
Cro.
36.
a.
An
obligation
or
wares
delivered
to
a
servant
,
who
receiveth
the
money
or
selleth
the
wares
,
and
runneth
away
with
the
money
.
Dal.
232.
Cro.
35.
b.
50.
a.
Lam.
280.
A
wife
stealeth
goods
in
the
companie
of
her
husband
,
or
by
his
command
;
quaere
if
it
be
without
his
compulsion
,
Lam.
282.
A
wife
stealeth
the
goods
of
her
husband
,
and
delivereth
them
to
another
that
knoweth
thereof
,
it
is
larcenie
in
neither
.
Lam.
282.
Dal.
237.
Goods
stollen
by
an
infant
under
12
,
a
lunatick
during
his
lunacie
,
a
mad
man
,
and
deaf
and
dumb
.
32.
Dal.
237.
Lam.
282.
Riding
away
with
a
lent
horse
.
Dal.
231.
A
clothier
delivereth
wool
or
yarn
to
his
work-folks
,
who
imbezell
or
sell
part
thereof
.
Dal.
231.
Goods
delivered
to
another
to
keep
,
and
he
consumeth
them
,
or
converteth
them
to
his
own
use
.
Dal.
231.
Lam.
278.
So
money
or
goods
delivered
to
one
to
deliver
to
a
third
person
,
and
the
first
receiver
fleeth
away
with
them
,
or
converts
them
to
his
own
use
.
Dal.
231.
A
servant
hath
a
horse
delivered
by
his
master
to
ride
to
market
,
or
money
to
go
to
a
fair
to
buy
cattel
or
other
,
or
to
pay
to
another
man
,
and
the
servant
goeth
away
therewith
;
quaere
if
it
be
felonie
by
statute
,
Dal.
232.
A
receiver
receiveth
his
masters
rents
,
and
goeth
away
with
them
.
Dal.
232.
Cro.
50.
a.
Leather
.
Butcher
that
gasheth
,
slaughtereth
,
or
cutteth
the
hide
of
the
ox
,
steer
,
bull
or
cow
,
whereby
it
is
impaired
,
loseth
20
pence
;
or
that
watereth
any
hide
except
in
June
,
July
,
or
August
,
or
putteth
to
sale
any
putrified
or
rotten
hide
,
loseth
for
every
hide
3
shill.
4
pence
.
1.
Jac.
22.
Lam.
462.
Butcher
using
the
said
craft
and
also
the
mysterie
of
tanner
,
loseth
every
day
6
shillings
8
pence
.
ibid.
Tanner
using
also
the
mysterie
of
a
shoemaker
,
currier
,
butcher
,
or
any
artificer
using
the
cutting
or
working
of
leather
,
loseth
the
hides
and
skinnes
tanned
.
ibid.
Every
person
,
other
then
such
as
had
a
tannehouse
29
Martii
1603.
and
did
then
occupie
tanning
of
leather
,
or
hath
been
taught
as
an
apprentice
or
hired
servant
7
yeares
in
that
mysterie
,
or
hath
been
wife
or
sonne
of
a
tanner
brought
up
in
this
mysterie
4
yeares
,
or
the
sonne
or
daughter
of
a
tanner
,
or
such
as
hath
married
the
wife
or
daughter
of
a
tanner
,
having
left
to
them
his
tannehouse
and
fats
,
that
tanneth
any
leather
,
or
taketh
any
profit
by
tanning
,
loseth
all
the
leather
tanned
by
him
.
Lam.
462
,
463.
1.
Jac.
22.
None
may
buy
,
contract
for
,
or
bespeak
any
rough
hides
or
calves
skinnes
,
but
onely
tanners
or
tawers
of
leather
,
except
●…lt
hides
for
the
necessarie
use
of
ships
,
on
pain
of
6
shill.
8
pence
for
every
hide
.
1.
Jac.
22.
Lam.
463.
None
shall
forestall
any
hides
coming
to
fair
or
market
,
(
except
of
such
as
kill
for
the
provision
of
their
house
)
on
pain
of
6
shill.
8
pence
for
every
hide
.
1.
Jac.
22.
None
may
buy
tanned
leather
nor
wrought
,
but
such
as
will
convert
the
same
into
made
wares
,
(
except
nets
,
and
shreds
of
saddles
and
girdles
)
upon
losse
of
all
the
leather
.
Lamb.
463.
1.
Jac.
22.
Tanner
suffering
any
hide
to
lie
in
the
tannelimes
till
the
same
be
over-limed
,
or
that
putteth
any
hides
into
the
tanne-fats
before
the
lime
be
perfectly
wrought
out
of
them
,
or
useth
any
thing
in
tanning
but
onely
Ash-bark
,
Oak-bark
,
Tapwert
,
Malt
,
Meal
,
Lime
,
Culver
dung
,
or
Henne
dung
,
or
hath
suffered
his
leather
to
be
frozen
,
or
to
be
parched
with
the
fire
or
summer
sunne
,
or
hath
tanned
any
rotten
hides
,
or
hath
not
suffered
the
hides
for
outward
sole
leather
to
lie
in
the
woozes
twelve
moneths
,
and
for
the
upper
sole
leather
9
moneths
,
or
hath
negligently
wrought
the
hides
in
the
woozes
,
or
hath
not
renewed
their
woozes
as
oft
as
was
requisite
,
or
hath
put
to
sale
any
tanned
leather
not
wrought
according
to
the
statute
.
1.
Jac.
22.
Lam.
463
,
464.
Tanner
that
raiseth
with
any
mixtures
any
hides
to
be
converted
to
backs
bend-leather
,
clouting
leather
,
or
any
other
sole
leather
,
except
the
same
be
fit
and
sufficient
for
that
use
,
loseth
the
hides
.
x.
Jac.
22.
Lam.
464.
Any
that
putteth
to
sale
,
exchangeth
,
or
otherwise
departeth
with
any
tanned
leather
red
and
unwrought
,
being
in
open
faire
and
market
,
unlesse
it
be
searched
&
sealed
in
some
open
faire
or
market
,
or
putteth
to
sale
any
leather
not
searched
and
sealed
according
to
the
statute
,
loseth
for
every
hide
or
piece
of
leather
6
shillings
8
pence
,
and
for
every
12
calves
skinnes
or
sheep
skinnes
3
shillings
●
pence
,
and
also
the
hides
and
skinnes
or
their
value
.
1.
Jac.
22.
Lamb.
464.
Tanner
putting
to
sale
any
leather
insufficient
,
or
not
throughly
wrought
and
tanned
,
or
not
well
and
throughly
dryed
,
and
the
same
so
found
by
the
tryers
appointed
,
1.
Jac.
22.
loseth
so
much
as
is
insufficient
.
Lamb.
464.
He
that
setteth
his
fats
in
tanne-hills
,
or
other
places
where
tho
woozes
or
leather
to
be
tanned
in
the
same
may
take
any
unkinde
heats
,
or
hath
put
any
leather
into
warm
woozes
,
or
hath
tanned
with
warm
or
hot
woozes
,
forfeiteth
10
pound
,
and
is
to
stand
in
the
pillorie
three
market
dayes
.
Jac.
22.
Lamb.
464.
Felling
oaks
meet
to
be
barked
where
bark
is
worth
timber
for
necessarie
buildings
,
and
reparations
of
ships
,
houses
,
or
mills
excepted
,
but
between
the
first
of
Aprill
and
the
last
of
June
,
loseth
every
tree
or
double
the
value
.
1.
Jac.
22.
Lam.
464
,
465.
Currier
that
currieth
any
leather
but
in
his
own
house
situate
in
a
corporate
or
market
town
,
or
hath
curried
any
leather
not
well
tanned
,
or
not
throughly
dryed
after
his
wer
season
,
or
hath
used
in
such
wet
season
any
deceitfull
means
to
corrupt
the
same
,
or
hath
curried
any
outward
sole
leather
with
any
other
stuffe
then
hard
tallow
,
or
lesse
of
that
then
the
leather
will
receive
,
or
inner
sole
leather
or
upper
leather
but
with
good
stuffe
being
fresh
and
not
salt
,
or
hath
not
liquored
them
throughly
,
or
hath
scalded
or
shaven
too
thinne
,
or
gasht
in
shaving
or
otherwise
,
or
not
wrought
sufficiently
any
leather
,
loseth
6
shillings
8
pence
,
and
the
value
of
every
skinne
marred
,
except
gashing
in
shaving
,
and
for
such
gashing
double
as
much
as
the
leather
is
impaired
.
1.
Jac.
22.
Lamb.
465.
Currier
that
during
the
time
that
he
useth
currying
,
useth
the
feat
of
a
tanner
,
cordwainer
,
shoemaker
,
butcher
,
or
other
artificer
using
cutting
of
leather
,
loseth
6
shill.
8
pence
each
hide
.
ibid.
Currier
refusing
to
currie
within
8
dayes
in
summer
and
16
dayes
in
winter
perfectly
any
leather
brought
by
any
cutter
of
leather
,
or
his
servant
,
bringing
with
him
good
stuffe
for
perfect
liquoring
of
the
same
,
loseth
10
shillings
for
every
hide
.
Shoemaker
that
maketh
any
boots
,
shoes
,
buskins
,
startups
,
slippers
,
or
pantofles
,
or
any
part
of
them
of
English
leather
wet
curried
,
(
other
then
deere
,
calves
,
or
goats
skins
dressed
like
Spanish
leather
)
but
of
leather
well
tanned
and
curried
,
or
well
tanned
onely
,
and
well
sewed
with
thread
well
twisted
,
waxed
,
and
rosined
,
with
the
stitches
hard
drawn
with
hand
leathers
,
without
mixing
neat
and
calves
leather
in
the
over
leather
thereof
;
or
hath
put
into
any
shoes
,
boots
,
&c.
any
leather
made
of
sheep-skinnes
,
bull-hide
,
or
horse-hide
,
or
into
the
upper
leather
of
any
shoes
,
slippers
,
or
pantofles
,
or
into
the
nether
part
of
boots
(
the
inner
part
of
the
shoes
onely
excepted
)
any
part
of
the
wombe
,
shank
,
neck
,
flank
,
pole
,
or
cheek
of
any
hide
,
or
into
the
outer
sole
other
then
the
best
of
the
ox
or
steer
hide
;
or
into
the
inner
sole
other
then
the
necks
,
wombe
,
pole
,
or
cheek
;
or
in
treswels
of
the
double
soled
shoes
other
then
the
flanks
of
any
the
said
hides
;
or
hath
put
to
sale
any
yeare
between
the
last
of
September
and
the
twentieth
of
April
any
shoes
,
boots
,
&c.
meet
for
any
person
above
foure
yeares
old
,
wherein
hath
been
any
dry
English
leather
,
other
then
calves
or
goats
skinnes
dressed
like
Spanish
leather
;
or
hath
shewed
for
sale
any
of
his
wares
upon
Sunday
,
loseth
3
shillings
4
pence
for
every
pair
,
and
the
just
value
.
1.
Jac.
cap.
22.
Lam.
465
,
466.
Every
lord
of
faire
or
market
,
that
doth
not
appoint
two
or
three
honest
and
skilfull
men
to
be
searchers
and
sealers
of
leather
there
,
and
six
honest
and
expert
men
to
try
the
same
leather
,
loseth
40
pound
.
Lam.
466.
Such
triers
as
do
not
their
daties
therein
without
delay
,
lose
5
pound
for
every
default
.
Lam.
467.
Searcher
or
sealer
so
appointed
,
refusing
with
speed
to
seal
good
leather
,
or
allowing
insufficient
leather
,
loseth
40
shillings
;
or
receiving
any
bribe
or
exacting
any
undue
fee
for
execution
of
his
office
,
loseth
for
every
offence
20
pound
;
or
refusing
to
execute
the
said
office
being
duely
elected
,
loseth
10
pound
.
Lam.
467.
He
that
will
not
suffer
a
searcher
to
enter
into
any
place
to
search
tanned
leather
,
or
wrought
wares
,
or
to
seize
or
carry
away
that
which
is
insufficient
,
or
hath
put
away
any
tanned
leather
red
&
unwrought
,
without
registring
the
same
and
the
price
thereof
,
loseth
the
value
of
the
leather
.
Lam.
467.
1.
Jac.
22.
Leets
.
Steward
of
a
leet
cannot
grant
suretie
of
the
Peace
,
unlesse
it
be
by
prescription
;
but
he
may
commit
him
to
ward
that
shall
make
an
affray
in
his
presence
whilest
he
is
in
execution
of
his
office
.
Lam.
14.
He
may
also
take
presentment
of
an
offence
against
the
Peace
.
ibid.
Liberties
and
Franchises
.
Justice
of
Peace
may
execute
his
authoritie
within
any
liberties
,
not
being
a
countie
within
it self
,
and
it
is
good
,
but
the
libertie
may
have
their
remedie
against
him
.
Lam.
47
,
48.
Dal.
21.
Cro.
8.
a.
181.
b.
189.
a.
Libellers
.
A
man
finding
a
libel
against
a
private
man
,
must
presently
burn
it
,
or
deliver
it
to
some
Magistrate
.
Dal.
189
,
190.
edit.
1626.
If
against
a
Magistrate
or
publick
person
,
to
deliver
it
to
some
magistrate
,
that
by
examination
the
authour
may
be
found
out
.
Dal.
190.
edit.
1626.
Libellers
(
it
seemeth
)
may
be
bound
to
their
good
behaviour
as
disturbers
of
the
Peace
,
whether
they
be
contrivers
,
procurers
,
or
publishers
of
the
libels
;
for
such
libelling
and
defamation
tendeth
to
the
raising
of
quarrels
and
effusion
of
bloud
,
and
speciall
occasions
to
the
breach
of
the
Peace
.
Dal.
ibid.
Libelling
is
by
scandalous
writings
,
by
book
,
ballad
,
epigram
,
or
ryme
;
2.
by
scandalous
words
,
as
scoffes
,
jests
,
taunts
,
or
songs
;
3.
by
hanging
up
of
pictures
or
signes
of
reproach
,
neare
the
place
where
the
partie
traduced
doth
converse
most
,
as
gallows
,
cucking-stool
,
pillorie
,
horns
,
or
such
like
.
Dal.
189.
edit.
1626.
Cook
5.
fol.
125.
Licenses
.
Two
Iustices
of
the
Peace
may
license
poore
diseased
persons
to
travell
to
the
Baths
for
remedie
of
their
grief
,
so
as
they
be
provided
of
relief
for
their
travell
,
and
beg
not
.
39.
Elis
.
4.
Dal.
77.
Lam.
332.
1.
Jac.
25.
Iustice
of
Peace
dwelling
neare
where
any
person
suffered
shipwrack
shall
land
,
may
and
ought
to
make
a
testimoniall
under
his
hand
to
such
persons
of
the
landing
,
&c.
and
thereby
to
license
them
to
passe
the
next
direct
way
to
their
place
of
birth
or
dwelling
,
and
limit
them
a
convenient
time
for
their
passage
.
Dal.
78
,
100.
Lam.
303.
35.
Elis.
4.
17.
1.
Jac.
25.
No
Iustice
or
Iustices
of
Peace
(
as
it
seemeth
)
can
in
any
case
license
any
poore
man
to
wander
,
or
beg
at
all
.
Dalt
.
78
,
100.
Lamb.
303.
35.
Elis.
4.
17.
Convicted
for
abusing
of
a
license
of
transportation
of
victuall
,
shall
be
committed
for
a
yeare
without
bail
or
mainprise
.
Lam.
349.
Licenses
for
badgers
,
drovers
,
&c.
are
to
be
granted
in
open
Qu.
Sessions
.
5.
Elis
.
12.
Lam.
610.
Linen
cloth
.
He
that
causeth
to
be
used
any
racking
,
beating
,
or
casting
any
deceitfull
liquor
,
or
other
means
on
any
kinde
of
linen
cloth
,
whereby
it
becometh
deceitfull
,
or
the
worse
for
use
,
forfeiteth
such
cloth
,
and
is
to
have
imprisonment
for
a
moneth
at
the
least
,
and
to
be
fined
according
to
the
Iustices
discretion
.
1.
Elis
.
12.
Cro.
90.
a.
Lying
in
a
way
,
vide
Way-lying
.
Acts
made
16.
R.
2.
&
20.
R.
2.
&
1.
Hen.
4.
&
7.
H.
4.
&
8.
Hen.
6.
&
Hen.
8.
are
repealed
.
3.
Car.
4.
Log-wood
,
aliàs
Blockwood
.
Suspected
to
have
offended
against
the
statute
for
logwood
,
upon
information
to
a
Iustice
of
Peace
,
the
suspect
or
his
servant
or
workman
may
be
called
by
warrant
,
and
examined
by
oath
or
otherwise
,
to
disclose
the
offence
;
and
the
offence
being
discovered
,
the
offender
and
the
examinates
shall
be
bound
over
to
the
next
goal-deliverie
or
Qu.
Sessions
,
and
there
be
judged
to
forfeit
20
pounds
,
and
pillorie
one
or
more
market
dayes
,
or
upon
refusall
to
be
bound
to
be
committed
to
the
goal
till
he
will
be
bound
.
39.
Elis
.
11.
Lam.
613.
Dal.
38.
Any
two
Iustices
of
the
Peace
,
where
any
logwood
shall
be
found
,
in
whose
hands
soever
it
shall
be
,
may
cause
the
same
to
be
burned
.
23.
Elis
.
9.
Dal.
38.
Cro.
198.
b.
Masons
.
THe
causing
of
masons
to
congregate
themselves
in
chapters
,
is
felonie
.
Lam.
227.
3.
Hen.
6.
1.
Mainprise
,
vide
Baylment
.
Maintainers
and
Embracers
.
Maintainers
and
embracers
of
a
Iurie
enquiring
of
a
riot
,
forfeit
twentie
pounds
,
and
to
be
committed
to
prison
,
and
to
remain
according
to
the
discretion
of
the
Iustice
.
19.
Hen.
7.
13.
The
Iustices
shall
sit
upon
the
inquisition
of
riots
with
the
Sheriffe
or
under-sheriffe
,
and
ought
to
certifie
the
names
of
the
maintainers
and
embracers
of
a
Iurie
,
with
their
misdemeanours
which
they
know
,
by
which
the
truth
of
the
said
riot
is
not
found
,
upon
pain
of
20
pound
for
every
one
that
hath
not
a
reasonable
excuse
.
19.
Hen.
7.
13.
Cro.
199.
b.
Maintainers
of
quarrels
and
embracers
of
Iurours
are
to
be
imprisoned
,
and
bound
to
the
good
abearing
.
33.
Hen.
8.
10.
37.
Hen.
8.
7.
38.
E.
3.
13.
Lam.
440.
Maintenance
is
where
any
man
giveth
or
delivereth
to
another
that
is
plaintiffe
or
defendant
in
any
action
,
any
thing
to
maintain
his
plea
,
or
else
maketh
extream
labour
for
him
where
he
hath
nothing
to
do
therewith
.
Embracer
is
he
that
when
a
matter
is
in
triall
between
partie
&
partie
,
cometh
to
the
barre
with
one
of
the
parties
,
having
received
some
reward
so
to
do
,
and
speaketh
in
the
case
,
privily
laboureth
the
Iurie
,
or
standeth
there
to
survey
or
overlook
them
,
thereby
to
put
them
in
fear
and
doubt
of
the
matter
:
but
men
learned
in
the
law
may
speak
in
the
case
of
their
clients
.
Terms
of
the
law
.
Maim
.
He
that
hath
maimed
another
of
any
member
,
whereby
he
is
lesse
able
to
fight
,
as
if
a
bone
be
taken
out
of
the
head
,
or
a
bone
broken
in
any
part
of
the
bodie
,
or
foot
,
or
hand
,
or
singer
,
or
joynt
,
or
if
a
foot
or
any
member
be
cut
,
or
by
some
wound
the
sinews
be
made
shrink
,
or
other
member
or
the
fingers
made
crooked
,
or
if
an
eye
be
put
out
,
or
the
fore-teeth
broken
or
beat
out
,
or
any
other
thing
be
hurt
in
a
mans
bodie
,
by
means
whereof
he
is
made
the
lesse
fit
to
defend
himself
,
or
offend
his
enemie
,
he
and
his
accessaries
shall
be
grievously
fined
.
Lam.
429.
Iustices
of
Peace
cannot
upon
an
enditernent
of
maim
,
make
the
triall
by
their
own
view
and
inspection
,
as
the
J.
of
the
Kings
Bench
may
do
.
Lam.
532
,
414
,
10.
If
Iustices
of
Peace
stand
in
doubt
whether
the
hurt
be
a
maim
or
not
,
they
may
use
the
help
and
opinion
of
some
skilfull
Chirurgeon
to
consider
thereof
.
Malt.
If
any
Bailiffe
or
Constable
of
any
borough
or
other
town
shall
finde
any
malt
made
contrary
to
the
statute
,
2.
&
3.
E.
6.
16.
&
27.
Elis.
14.
then
with
the
advice
of
any
Iustice
of
the
Peace
within
the
shire
,
he
shall
cause
the
same
to
be
sold
to
such
persons
,
and
at
such
reasonable
prices
under
the
common
price
of
the
market
,
as
to
their
discretion
shall
seem
convenient
.
Lam.
202.
Dal.
65.
21.
Jac.
28.
Any
two
Iustices
of
the
Peace
may
duely
convict
by
two
witnesses
,
or
by
the
parties
confession
,
any
person
that
shall
disobey
the
restraint
of
malting
made
in
open
Q.
Sessions
,
and
shall
commit
him
to
prison
without
bail
or
mainprise
for
three
dayes
,
untill
he
become
bound
in
fourtie
pound
to
perform
such
restraint
.
39.
Elis
.
16.
Lam.
332
,
202.
Dal.
65.
The
Justices
of
Peace
or
the
greater
part
of
them
,
may
in
open
Qu.
Sessions
restrain
the
converting
of
barley
into
malt
.
39.
Elis
.
16.
Lam.
613.
Malt
must
be
3
weeks
in
the
fat
,
on
the
floore
steeping
and
drying
,
except
in
June
,
July
,
August
,
and
then
17
dayes
,
or
lose
20
pence
for
every
quarter
.
Lam.
451.
Dalt
.
85.
No
insufficient
malt
mingled
with
good
malt
must
be
put
to
sale
.
2.
&
3.
E.
6.
16.
&
17.
Elis
.
Lam.
452.
Dal.
85.
edit.
1626.
No
malt
shall
be
put
to
sale
that
is
insufficiently
troden
,
and
out
of
which
for
every
quarter
hath
not
been
fanned
one
peck
of
dust
.
ibid.
Manslaughter
,
vide
Homicide
.
Mariner
.
Mariner
coming
from
beyond
the
seas
,
or
a
sea-faring
man
having
suffered
shipwrack
,
and
in
want
,
may
be
licensed
by
the
next
Justice
of
Peace
to
his
landing
,
to
ask
relief
in
his
journey
homewards
.
39.
Elis
.
4.
Lam.
303.
Dal.
109.
No
fisher-man
to
be
taken
for
a
mariner
by
the
Kings
commission
,
unlesse
chosen
by
the
two
next
Justices
to
the
place
where
he
is
to
be
taken
.
5.
Elis
.
5.
Lamb.
359.
Dal.
66.
Mariner
departing
from
his
Captain
,
without
license
,
or
wandring
idlely
without
,
or
with
a
forged
license
,
knowing
thereof
,
is
a
felon
.
39.
Elis
.
17.
Lamb.
227.
Any
poore
Mariner
or
Souldier
coming
from
beyond
the
seas
,
that
shall
repair
to
his
place
of
birth
,
&c.
and
cannot
there
get
work
,
two
Justices
of
the
Peace
next
adjoyning
may
take
order
to
set
him
to
work
,
and
for
want
of
work
tax
the
whole
hundred
for
his
relief
till
sufficient
work
may
be
had
.
39.
Elis
.
17.
Dal.
109.
Lamb.
359.
Market
overt
.
He
that
is
owner
,
&c.
of
any
faire
or
market
where
horses
,
geldings
,
mares
,
or
foles
are
to
be
sold
,
and
doth
not
yearely
assigne
one
open
place
where
the
said
horses
,
&c.
shall
be
sold
,
and
one
to
take
Toll
,
who
shall
continue
there
from
10
in
the
morning
untill
sunne
set
,
forfeyteth
40
shill.
for
every
day
.
2.
&
3.
P.
&
M.
7.
Cro.
91.
a.
Lam.
431.
To
alter
the
property
of
any
strangers
rights
in
horses
and
all
other
goods
,
they
are
to
be
sold
in
such
a
place
or
shop
as
is
commonly
used
for
selling
goods
of
the
same
kinde
.
Dal.
56.
Sale
in
faire
or
market
doth
not
take
away
the
owners
propertie
,
the
buyer
knowing
that
it
was
anothers
.
Dal.
56.
Marriage
.
If
any
married
person
marrieth
another
,
the
former
wife
or
husband
being
alive
,
except
the
busband
or
wife
have
been
beyond
the
seas
seven
yeares
together
,
or
hath
been
absent
within
the
Kings
dominions
7
yeares
together
,
the
one
not
knowing
the
other
to
be
alive
,
or
was
at
such
marriage
lawfully
divorced
to
be
void
,
or
was
had
within
yeares
of
consent
,
it
is
felony
,
1.
Jac.
11.
Lam.
421.
Dal.
245.
Cro.
52.
a.
without
corruption
of
bloud
,
losse
of
dower
,
or
disinheriting
any
heire
.
Masse
.
To
sing
Masse
,
forfeyteth
200
marks
and
●…
yeares
imprisonment
.
To
heare
it
,
forfeyteth
100
marks
and
like
imprisonment
.
23.
El.
1.
Lam.
413.
For
the
discovery
of
any
who
hath
been
at
Masse
,
vide
Jusuites
.
Messages
false
.
Two
J.
of
P.
one
being
of
the
Quorum
,
may
(
as
it
seemeth
)
binde
over
to
the
next
Q.
Sessions
any
suspected
of
getting
money
or
other
thing
by
false
tokens
or
counterfeited
letters
,
or
may
imprison
such
or
bayl
them
to
the
next
Q.
Sessions
.
Dal.
37.
33.
H.
8.
Vide
plus
Cozenage
.
Milch
Kine
,
vide
Calves
.
Minstrells
,
vide
Rogues
.
Misprision
.
Misprision
is
properly
,
where
one
knoweth
that
another
hath
committed
treason
,
or
felony
,
but
was
not
consenting
thereto
,
and
will
not
discover
the
offender
to
the
King
or
his
Councell
,
or
to
some
magistrate
,
but
conceals
the
offence
.
Dal.
203.
Stam.
37.
Term
of
Law
,
131.
A
Chaplain
fixed
an
old
seal
to
a
new
Patent
of
non-residencie
,
it
was
holden
misprision
of
Treason
.
Term
of
Law
,
ibid.
Knowing
money
to
be
counterfeit
,
and
bringing
it
out
of
Ireland
into
England
and
uttering
it
in
payment
,
is
misprision
of
Treason
.
Term
of
Law
,
ibid.
Cro
stat.
38.
For
misprision
of
felony
he
shall
onely
be
fined
.
Dal.
203.
Term
of
Law
,
ibid.
Cro.
44.
a.
Misprision
of
Treason
.
To
draw
a
sword
,
or
strike
a
Justice
sitting
in
place
of
judgement
.
Dal.
203.
To
strike
a
Juror
in
presence
of
the
Iustice
sitting
in
place
of
judgement
.
Dal.
203.
To
strike
one
in
Westminster-Hall
,
any
of
the
Kings
Courts
sitting
.
Dal.
203.
In
which
cases
the
offender
shall
lose
his
right
hand
,
and
shall
have
judgement
as
in
misprision
of
Treason
.
Rescuing
one
arrested
by
a
Iustice
upon
an
affray
sitting
in
place
of
justice
,
whereby
he
escapeth
.
Dal.
203.
For
offenders
in
high
treason
,
misprision
of
treason
,
Praemunire
,
though
I.
of
P.
cannot
meddle
in
the
very
point
of
the
offence
,
yet
upon
complaint
to
a
Justice
of
Peace
,
or
other
knowledge
,
he
ought
to
cause
the
party
to
be
apprehended
,
and
joyning
with
some
other
Iustice
of
Peace
,
to
take
the
offenders
examination
and
information
upon
oath
of
such
as
bring
them
,
or
other
that
can
prove
any
thing
materiall
,
and
put
it
in
writing
under
the
hands
of
the
informers
,
and
commit
the
offenders
to
Goal
,
and
binde
over
those
which
finde
any
thing
materiall
to
appear
before
the
Lords
of
the
Councell
,
or
elsewhere
to
give
evidence
upon
reasonable
warning
,
and
to
certifie
other
doings
to
some
of
the
Lords
of
the
Councell
or
elsewhere
.
Dal
7
,
203
,
204.
Willingly
to
aid
and
maintain
,
or
knowing
such
as
have
absolved
,
perswaded
,
or
withdrawn
any
within
the
Kings
dominions
from
their
obedience
,
or
Religion
now
established
,
to
the
Romish
Religion
,
or
moved
them
to
yeeld
obedience
to
any
other
estate
,
or
practised
to
do
any
of
them
,
or
doth
not
within
20
dayes
disclose
it
to
some
Iustice
of
the
Peace
,
or
higher
officer
,
it
is
misprision
of
treason
.
23.
Elis
.
1.
Lamb.
412.
Within
6
weeks
after
any
Bull
or
other
instrument
of
reconciliation
hath
been
offered
,
not
to
reveal
it
to
some
of
the
privie
Councell
or
Presidents
of
the
North
,
or
Wales
,
is
misprision
of
treason
.
23.
El.
1.
Lamb.
413.
Misprision
of
Felony
.
He
that
seeth
one
killed
by
another
,
or
robbed
,
or
any
other
felony
committed
,
and
is
not
of
their
confederacie
,
and
doth
not
make
resistance
,
or
disturb
the
felon
,
or
levy
hue
and
cry
,
but
conceal
the
same
,
it
is
misprision
of
felony
,
and
fineable
.
Dal.
244
,
250.
A
man
foreknoweth
of
a
felony
to
be
done
,
and
concealeth
it
,
and
it
is
effected
;
it
is
misprision
of
felony
.
Dal.
251.
Cro.
41.
b.
nu.
5.
Mitigation
of
fines
and
forfeytures
,
vide
Lambert.
577.
Mittimus
.
Mittimus
must
contain
the
names
of
the
parties
,
their
offences
,
and
time
of
imprisonment
.
Lamb.
297.
Dal.
272.
Cro.
153.
a.
If
one
be
committed
without
bayl
or
mainprise
,
the
cause
is
expressed
in
the
Mittimus
,
and
yet
is
baylable
,
other
Justices
of
the
Peace
may
binde
him
:
yet
Quaere
,
saith
Dal.
172.
seeing
their
authoritie
is
equall
.
The
form
of
the
Mittimus
.
To
send
felons
to
the
Goal
,
La.
220.
Dal.
339.
To
send
riotters
to
the
Goal
,
Lamb.
321.
To
send
shooters
in
pieces
,
Lamb.
297.
Dal.
243.
To
send
upon
forcible
entry
,
&c.
Lamb.
150.
To
send
to
the
house
of
Correction
,
Dal.
341
,
342.
To
send
an
aleseller
without
license
,
Dal.
340.
To
send
a
reputed
father
of
a
bastard
,
Dal.
340.
Monasteries
,
vide
Religious
houses
.
Mortuaries
.
Spirituall
person
not
to
take
mortuaries
or
any
thing
for
them
,
where
they
have
not
been
used
to
be
payed
,
or
where
the
goods
of
the
dead
are
under
1o
marks
;
taking
above
4
sh.
4
pence
where
the
goods
are
under
30
pound
,
or
above
6
shill.
8
pence
where
they
are
above
30
pound
and
under
40
pound
,
or
above
10
shill.
where
they
are
above
40
pound
,
he
shall
forfeit
all
taken
above
his
due
,
and
40
shill.
to
the
partie
grieved
,
21.
H.
8.
6.
Lam.
435
,
436.
Multiplication
of
gold
and
silver
.
To
practise
the
art
of
multiplication
of
gold
and
silver
,
is
felonie
.
5.
H.
4.
4.
Lam.
227
,
425.
Murder
.
Murder
is
when
one
man
upon
malice
pretended
,
prepensed
,
or
precedent
,
doth
kill
another
feloniously
that
liveth
within
the
realm
,
or
under
the
protection
of
the
King
,
whether
it
be
openly
or
privately
,
and
whether
the
partie
slain
be
English
or
alien
.
Lam.
237.
Dal.
208.
Cro.
21.
a.
The
killing
shall
have
relation
to
the
death
and
not
to
the
stroke
.
Cro.
21.
Cook
,
part
4.
42.
Malice
is
-
Expressed
,
or
-
Implied
.
Cro.
21.
Dal.
209.
Lam.
239.
Malice
expressed
is
when
it
is
known
that
there
is
malice
betwixt
them
,
Cro.
21.
and
is
apparent
,
and
where
there
is
a
precedent
falling
out
or
lying
in
wait
,
or
time
and
place
appointed
.
Dal.
209.
Malice
implied
is
when
one
is
killed
suddenly
without
defence
.
Cro.
21.
Dal.
209.
As
where
one
killeth
another
without
provocation
.
Lam.
239.
Dal.
209.
One
busied
,
as
reading
,
going
over
a
stile
,
&c.
killed
.
Dal.
209.
Cro.
23.
b.
27.
a.
One
stabbed
,
not
having
weapon
drawn
.
1.
Jac.
4.
To
kill
an
officer
known
in
executing
processe
.
Dal.
ibid.
To
kill
an
unknown
officer
if
he
shew
his
warrant
,
and
if
an
officer
hath
the
Kings
writ
or
lawfull
warrant
,
though
it
be
erronious
,
and
slain
in
executing
it
,
is
murder
.
Dal.
209.
Lam.
240.
To
kill
any
magistrate
or
minister
of
justice
in
executing
his
office
,
or
in
keeping
the
Peace
.
Dal.
209
,
210.
Cro.
25.
b.
A
rioter
killeth
an
officer
or
an
assistant
coming
to
suppresse
a
riot
,
Dal.
210.
Cro.
23.
b.
it
is
murder
in
all
the
rioters
.
A
constable
parting
an
affray
,
or
any
of
his
company
coming
to
aid
him
,
although
it
was
suddenly
and
in
the
night
.
Dal.
210.
Cro.
25.
a.
A
thief
killing
a
true
man
in
resisting
,
is
murder
of
malice
prepensed
.
Dal.
210.
Cro.
21.
a.
Lam.
241.
1
A
man
carried
his
sick
father
into
the
frost
,
whereby
he
died
.
Dal.
210.
Lam.
240.
2
An
harlot
hid
her
childe
and
covered
it
with
leaves
,
and
a
Kite
strook
it
and
killed
it
.
Dal.
210.
Lam.
240.
3
The
owner
knoweth
his
beast
to
be
accustomed
to
hurt
and
doth
not
tie
him
up
,
and
after
the
beast
killed
a
man
.
Lam.
239.
In
these
three
cases
voluntas
reputabitur
pro
facto
,
for
it
sheweth
that
they
had
a
will
to
hurt
,
and
the
will
doth
amount
to
malice
,
Dal.
210.
and
so
to
murder
.
One
having
malice
against
another
assaulteth
that
other
,
and
after
flyeth
to
the
wall
,
and
then
killeth
that
other
;
it
is
murder
.
Lam.
239.
One
condemned
to
die
is
killed
by
a
private
person
without
warrant
,
or
by
the
officer
contrary
to
the
judgement
;
it
is
murder
.
Lam.
240.
Prisoner
killed
by
his
goaler
by
over
hard
keeping
,
it
is
murder
.
One
commandeth
his
servant
to
beat
a
man
,
who
beateth
him
so
that
he
dieth
thereof
;
it
is
murder
in
the
commander
,
Dal.
212.
murder
in
both
,
Lam.
24.
if
it
be
in
the
commanders
presence
.
Many
come
to
do
an
unlawfull
act
,
and
one
in
doing
thereof
killeth
a
man
;
it
is
murder
in
all
,
although
they
did
but
look
on
.
Dal.
212
,
249.
Cro.
22.
a.
24.
b.
Lam.
241.
Stam.
40.
If
they
be
not
present
,
yet
if
they
be
in
the
same
house
or
upon
the
same
ground
,
it
is
murder
in
all
.
Dal.
212.
Cro.
25.
a.
Lam.
241.
All
present
and
aiding
,
abetting
or
comforting
another
to
do
murder
,
are
principalls
.
Dal.
171.
213
,
249.
Cro.
22.
a.
Lam.
243.
Two
appoint
the
field
and
meet
,
and
bring
companie
with
them
,
and
one
of
them
is
slain
;
it
is
murder
in
all
that
came
.
Dal.
213.
Murder
is
intended
to
one
,
and
he
killeth
another
;
it
is
murder
.
Lam.
243.
Dal.
212.
A
woundeth
B
in
fight
,
and
after
they
meet
suddenly
and
fight
;
if
B
kill
A
,
it
is
murder
,
for
it
is
intended
malice
upon
the
former
hurt
;
but
if
A
kill
B
,
it
is
but
manslaughter
,
for
the
hurt
did
appease
his
former
malice
.
Dal.
211.
Lam.
251
,
238.
Two
in
suit
meet
and
quarrell
,
and
the
defendant
killeth
the
plaintiffe
;
quaere
if
it
be
murder
,
Dal.
211.
Two
fight
upon
malice
,
and
one
of
them
killeth
one
that
came
to
part
them
;
it
is
murder
in
both
.
Dal.
212.
Lam.
242.
The
owner
rebuked
one
stealing
his
pears
,
who
killed
the
owner
;
it
was
adjudged
murder
,
Dal.
212.
Cro.
24.
a.
Lam.
241.
Poisoning
of
another
wilfully
whereby
he
dieth
,
is
and
was
murder
by
the
common
law
,
Dal.
211.
The
partie
poisoned
must
die
within
a
yeare
and
a
day
after
receiving
of
the
poison
.
Dal.
213.
After
the
beating
or
hurting
another
,
to
make
murder
,
or
other
homicide
,
the
yeare
and
the
day
is
reckoned
from
the
stroke
given
.
Dal.
213.
Cro.
25.
b.
An
appeal
hath
relation
to
the
death
.
ibid.
A
woman
delivered
of
a
bastard
,
endeavouring
privately
either
by
drowning
or
by
secret
burying
to
conceal
the
death
thereof
,
as
that
it
may
not
come
to
light
,
whether
it
were
born
alive
or
dead
,
but
be
concealed
,
shall
suffer
death
as
in
case
of
murder
,
except
she
make
proof
by
one
witnesse
that
the
childe
was
born
dead
.
Justices
of
Peace
may
take
Enditements
of
murder
as
of
murder
.
Lam.
493.
Musters
.
Convicted
before
the
Justice
of
Peace
for
offence
against
the
statute
of
musters
,
shall
be
imprisoned
10
dayes
without
bail
,
unlesse
he
pay
the
forfeiture
being
40
shill.
which
is
for
absence
without
reasonable
excuse
,
or
not
shewing
his
best
furniture
being
commanded
.
4
&
5
P.
&
M.
3.
Lam.
349
,
482.
The
partie
that
sueth
upon
the
statute
of
musters
,
is
to
recover
the
forfeiture
belonging
unto
him
by
action
,
or
bill
of
debt
.
ibid.
Lam.
583.
Pardon
.
AT
the
Common
Law
before
the
statute
of
13.
R
:
2.
a
pardon
of
all
felonies
was
good
for
murders
,
and
some
for
treason
.
Lamb.
561.
Pardon
of
all
felonies
is
not
good
for
murder
or
petty-treason
,
except
the
pardon
be
with
a
non
obstante
,
or
that
murder
be
therein
expressely
mentioned
.
Dal.
213.
Cro.
21.
b.
But
it
is
good
for
accessaries
,
both
before
and
after
.
Lamb.
561.
A
pardon
of
all
felonies
will
not
discharge
a
man
that
is
attainted
of
felony
,
except
the
execution
and
attainder
be
pardoned
.
Dal.
213.
Cro.
115.
Lamb.
562.
Breaker
of
the
Peace
after
the
pardon
,
forfeiteth
the
pardon
,
and
may
be
hanged
notwithstanding
his
pardon
.
Dal.
213.
Cro.
115.
b.
The
King
onely
can
pardon
treason
,
murder
,
or
other
felony
,
or
any
accessary
thereunto
.
Dal.
214.
Generall
pardon
is
that
which
is
given
by
act
of
Parliament
to
all
men
,
of
which
the
Court
ought
of
duty
to
give
allowance
,
though
the
party
will
not
plead
it
nor
accept
the
benefit
thereof
.
Lamb.
559
,
560.
Pardon
of
abjuration
is
not
good
without
speciall
words
of
abjuration
.
Lamb.
562.
Quaere
if
a
generall
pardon
for
petty-treason
avail
him
that
is
indicted
of
murder
,
without
the
word
proditoriè
.
560.
A
generall
pardon
coming
betwixt
the
stroke
and
the
death
of
all
misdemeanors
,
will
avail
for
the
death
.
Lamb.
560.
Quaere
if
a
pardon
of
all
offences
(
except
persons
outlawed
of
murder
)
will
avail
one
that
hath
committed
manslaughter
,
and
yet
indicted
and
outlawed
of
murder
,
and
after
the
pardon
reverseth
the
outlawry
.
Lamb.
560.
Pardon
of
attainder
and
execution
for
felony
is
not
good
for
felony
.
Lamb.
562.
Pardon
of
a
Goaler
for
escapes
of
felony
and
traitours
,
is
not
good
for
voluntarie
escapes
.
Lamb.
562.
Pardon
of
2
for
all
felonies
done
by
them
,
or
either
of
them
,
will
not
serve
for
offences
done
by
one
of
them
alone
.
Lamb.
562.
Pardon
must
agree
with
the
indictment
in
name
and
addition
of
the
party
,
and
nature
of
the
offence
;
for
a
pardon
of
all
felonies
is
not
good
for
petty-treason
,
murder
,
nor
of
one
attainted
of
felony
.
Lamb.
561.
A
speciall
pardon
ought
to
be
pleaded
under
the
great
seal
,
and
a
writ
of
allowance
brought
with
it
,
testifying
he
hath
found
surety
for
the
good
behaviour
,
unlesse
there
be
a
dispensation
by
non
obstante
.
Lamb.
561.
Prisoner
pleadeth
a
pardon
,
the
I.
of
P.
in
absence
of
the
Kings
Atturney
may
joyn
issue
that
he
is
one
of
the
persons
excepted
.
Lamb.
560.
He
that
killeth
another
se
defendend●
,
must
sue
to
the
King
for
a
pardon
.
Lamb.
253.
He
that
killeth
one
by
misadventure
,
shall
have
a
pardon
of
course
without
suit
.
Lamb.
254.
The
manner
of
suing
a
pardon
of
course
is
,
If
they
desire
to
purchase
their
pardon
,
they
must
upon
their
triall
plead
not
guilty
,
and
then
the
speciall
matter
being
found
by
verdict
,
they
shall
be
bayled
;
then
they
must
sue
forth
a
Certiorari
to
certifie
the
record
to
the
Lord
Chancellour
,
who
shall
make
them
a
pardon
of
course
under
the
great
seal
without
suing
to
the
King
.
D.
217.
Sta.
154.
Park
and
Parker
,
vide
Hunting
.
Hunters
or
killers
of
any
Deere
or
Conyes
in
the
night
or
daytime
in
any
park
or
warren
,
or
in
any
other
inclosed
grounds
,
and
being
thereof
lawfully
convicted
,
every
such
offender
shall
suffer
3
moneths
imprisonment
,
and
finde
sufficient
sureties
for
the
good
behaviour
for
the
space
of
seven
yeares
,
or
else
continue
in
prison
till
he
finde
such
sureties
for
the
space
of
7
yeares
.
Dal.
317.
5.
Elis.
21.
3.
Jac.
13.
Ed
1626.
Parson
and
Vicar
,
vide
Ecclesiasticall
causes
.
Partridges
and
Phesants
.
Every
I.
of
P.
may
examine
offences
against
the
statute
of
23.
Elis
.
10.
Dal.
67.
Lamb.
200.
By
1.
Jac.
27.
he
that
shall
shoot
at
,
kill
,
or
destroy
with
any
gun
or
crosse-bow
any
Partridge
,
Phesant
,
House-dove
or
Pigeon
with
setting-dogs
and
nets
,
or
with
any
manner
of
nets
,
snares
,
engines
,
or
instruments
;
or
shall
kill
or
destroy
any
partridge
,
phesant
,
house-dove
,
pigeon
,
heron
,
mallard
,
duck
,
teal
,
or
any
such
fowl
,
or
hare
;
or
shall
take
or
willingly
destroy
the
egges
of
any
phesant
,
partridge
,
or
swan
;
or
shall
trace
or
course
any
hare
in
the
snow
,
or
take
or
destroy
any
hare
with
cords
or
such
instruments
,
or
shall
keep
any
greyhound
for
deere
or
hare
,
or
setting-dogs
,
or
nets
,
to
take
phesants
or
partridges
,
not
having
lands
of
inheritance
of
10
pound
,
or
30
pound
per
annum
,
not
having
lands
of
inheritance
for
life
or
in
goods
200
pound
,
or
be
sonne
of
a
Knight
,
or
sonne
and
heir
apparent
of
an
Esquire
:
any
of
the
said
offences
being
proved
by
the
parties
confession
or
oath
of
two
witnesses
before
any
two
Justices
of
Peace
of
the
countie
where
the
offence
shall
be
committed
,
or
the
partie
apprehended
,
shall
be
imprisoned
for
3
moneths
without
bail
,
unlesse
he
forthwith
upon
his
conviction
pay
to
the
use
of
the
poore
there
20
shill.
for
every
hare
,
fowl
,
and
egge
,
and
40
sh.
for
every
greyhound
,
setting-dog
,
or
nets
,
or
after
three
moneths
imprisonment
be
bound
with
two
sureties
not
to
offend
in
any
the
said
particulars
,
which
recognizances
taken
by
two
Justices
of
the
Peace
may
be
returned
at
the
Quarter
Sessions
.
1.
Jac.
27.
Dal.
67
,
68.
Lam.
335.
By
7.
Jac.
11.
proof
of
1
witnesse
is
sufficient
for
the
taking
,
&c.
of
partridges
and
phesants
;
the
punishment
as
1.
Jac.
27.
Killer
of
partridges
or
phesants
with
hawks
or
dogge
,
by
colour
of
hawking
between
the
first
of
July
and
the
last
of
August
,
upon
conviction
within
six
moneths
after
the
offence
by
the
confession
of
the
partie
or
oath
of
two
witnesses
before
two
Justices
of
Peace
,
is
to
be
imprisoned
one
moneth
without
bail
,
unlesse
he
pay
presently
to
the
Church-wardens
and
Overseers
of
the
poore
where
he
offended
or
was
taken
,
40
shill.
for
hawking
,
and
20
shill.
for
every
partridge
or
phesant
taken
.
7.
Jac.
11.
Dal.
68.
Lam.
335.
Taking
of
phesants
or
partridges
upon
another
mans
ground
by
nets
or
otherwise
,
except
unwillingly
by
trammell
and
there
to
let
them
go
again
,
loseth
20
shill.
a
phesant
,
and
10
shill.
a
partridge
.
11.
H.
7.
17.
&
23.
Elis
.
10.
Lam.
447.
Hawking
in
corn
before
it
be
cropped
,
without
consent
of
the
owner
,
loseth
40
shill.
ibid.
Taker
,
killer
,
or
destroyer
,
by
gunnes
,
bows
,
setting-dogs
,
nets
,
or
other
engines
,
of
any
partridge
or
phesant
,
except
the
owner
of
a
warten
,
lord
of
a
manour
,
or
having
lands
of
inheritance
in
his
own
or
his
wives
right
of
the
clear
yearely
value
of
40
pound
,
or
for
life
of
80
pound
,
or
goods
worth
400
pound
,
and
their
houshold-servants
authorised
by
them
within
their
own
grounds
in
the
day
time
onely
betwixt
Michaelmas
and
Christmasse
,
upon
conviction
within
six
weeks
after
the
offence
committed
,
by
confession
or
oath
of
two
witnesses
before
two
Justices
of
Peace
next
the
place
of
offence
or
apprehension
,
to
be
imprisoned
3
moneths
without
bail
,
unlesse
he
pay
immediately
unto
the
Churchwardens
and
Overseers
of
the
poore
of
one
of
the
said
places
,
20
shill.
and
be
bound
to
the
King
by
recognizance
in
20
pound
never
to
offend
again
;
the
same
to
be
certified
at
the
next
generall
Quarter
Sessions
.
7.
Jac.
11.
Buyer
or
seller
of
hare
,
deer
,
partridge
,
or
phesant
(
except
partridges
or
phesants
bred
up
or
brought
up
from
beyond
the
seas
)
loseth
for
every
deer
40
sh.
phesant
20
sh.
hare
or
partridge
10
sh.
one
moytie
to
the
informer
,
the
other
to
the
poore
of
the
parish
.
1.
Jac.
27.
Constable
by
warrant
from
two
Justices
of
the
Peace
may
search
the
houses
of
any
not
allowed
,
suspected
to
have
any
setting-dogs
or
nets
for
partridges
,
and
finding
them
,
may
detain
,
kill
,
or
cut
in
pieces
any
of
them
.
7.
Jac.
11.
Offences
against
the
statute
of
1.
Jac.
27.
punished
by
it
,
are
not
to
be
punished
by
Judges
of
Assize
in
their
circuit
,
Justices
of
Peace
at
Quarter
Sessions
,
or
two
Justices
of
the
Peace
out
of
the
Sessions
.
1.
Jac.
27.
Offences
punished
by
7.
Jac.
11.
are
not
to
be
punished
by
any
other
.
7.
Jac.
11.
Peace
.
Every
private
person
that
shall
be
present
at
any
affray
,
assault
,
or
batterie
,
ought
to
part
them
that
fight
:
and
if
he
take
hurt
,
he
shall
have
his
action
;
but
if
they
resist
him
,
he
may
not
hurt
them
.
Lam.
131.
Dal.
28.
Every
man
may
stay
the
affrayers
,
till
their
heat
be
cooled
,
and
then
they
may
deliver
them
to
the
Constable
to
imprison
them
till
they
finde
sureties
of
the
Peace
;
but
they
may
not
imprison
them
unlesse
the
one
of
them
be
in
perill
of
death
by
some
hurt
,
for
then
any
man
may
carry
the
other
to
the
goal
till
it
be
known
whether
the
other
will
live
or
die
.
Lam.
131.
Dal.
28.
He
which
hath
mortally
hurt
another
,
flieth
into
anothers
house
;
any
man
that
pursueth
him
with
hue
and
crie
,
may
break
open
the
house
,
enter
,
and
take
him
.
Lam.
131
,
132.
Dal.
29.
Peers
,
vide
Noble
personages
.
Perjurie
.
Procuring
any
unlawfully
to
commit
wilfull
perjurie
in
any
case
depending
in
Court
of
Record
,
Leet
,
Count
Baron
,
Hundred
Court
,
or
ancient
demesne
,
or
hath
corruptly
suborned
any
witnesse
sworn
to
testifie
in
perpetuam
rei
memoriam
,
or
if
any
have
upon
such
procurement
or
by
his
own
act
wilfully
committed
such
perjurie
,
the
procurer
shall
forfeit
40
pound
;
and
if
not
worth
so
much
,
half
a
yeares
imprisonment
without
bail
,
stand
upon
the
pillo●ie
for
one
hou●e
,
and
disabled
for
a
witnesse
for
ever
after
.
The
perjured
20
pound
and
six
moneths
imprisonment
,
and
ever
disabled
for
a
witnesse
;
and
if
not
worth
20
pound
,
to
have
his
eares
nailed
to
the
pollorie
.
5.
Elis
.
9.
&
14.
Elis
.
11.
&
1.
Jac.
25.
Lam.
416.
Cro.
18.
a.
b.
This
offence
to
be
heard
and
determined
in
the
Sessions
.
Lam.
609.
Execution
of
the
forfeiture
upon
the
statute
of
perjurie
,
to
be
awarded
by
the
Justices
of
the
Peace
before
whom
the
conviction
was
.
Lam.
505.
Committing
of
perjurie
upon
answer
to
a
bill
of
complaint
is
not
within
the
statute
of
5.
Elis.
1.
but
for
a
false
deposition
upon
examination
upon
interrogatories
.
Cro.
18.
b.
If
any
give
false
evidence
upon
a
bill
of
enditement
at
the
Sessions
,
it
is
held
he
shall
not
be
punished
by
the
statute
of
5.
Elis
.
for
that
the
King
is
not
named
in
the
said
statute
.
Cro.
16.
b.
Pettie-treason
.
The
wilfull
killing
or
joyning
in
killing
of
the
husband
by
the
wife
,
the
master
or
mistris
by
the
servant
,
the
Ordinary
by
his
clerk
,
is
pettie-treason
.
25.
E.
3.
2.
Lam.
245
,
246.
Dal.
204
,
205.
Cro.
19.
b.
The
childe
maliciously
killeth
the
father
or
mother
,
it
is
pettie-treason
,
though
the
father
or
mother
at
the
same
time
give
neither
meat
,
drink
,
nor
wages
to
the
said
childe
;
but
it
is
treason
in
the
said
childe
,
in
respect
of
the
dutie
of
nature
violated
.
Dal.
205.
Cro.
19.
b.
But
Lam.
saith
it
is
not
treason
in
the
childe
,
if
the
father
give
it
not
meat
nor
drink
,
as
to
a
servant
,
Lam.
245.
and
do
their
businesse
,
for
it
is
as
a
servant
.
The
sonne
or
daughter
in
law
kill
the
father
or
mother
in
law
with
whom
they
dwell
,
and
do
service
,
and
have
meat
and
drink
;
it
is
pottie-treason
,
though
such
childe
take
no
wages
;
but
the
enditement
shall
be
by
the
name
of
servant
.
Dal.
205.
Judgement
in
petty-treason
is
,
a
man
is
to
be
drawn
and
hanged
,
if
a
woman
,
both
in
high-treason
and
pettie-treason
to
be
drawn
and
burned
.
Dal.
206.
Lam.
570.
The
forfeiture
for
pettie-treason
is
,
the
King
shall
have
all
his
goods
,
and
for
his
lands
Annum
,
diem
,
&
vastum
,
and
the
escheat
thereof
shall
be
to
every
lord
of
his
proper
fee
.
Dal.
206.
No
clergie
is
allowed
in
case
of
pettie-treason
.
Dal.
212.
Physician
.
One
neither
Physician
nor
Chirurgeon
taketh
upon
him
to
cure
a
sick
or
wounded
man
,
who
dioth
under
his
hand
,
it
was
felonie
.
34.
H.
8.
Lam.
240.
Dal.
211.
But
if
a
smith
or
other
having
skill
onely
in
curing
and
dressing
diseases
of
horses
or
other
cattell
,
shall
take
upon
him
cutting
or
letting
bloud
,
or
such
like
cure
of
a
man
,
who
dieth
thereof
,
it
seemeth
to
be
felonie
.
Dal.
Pictures
brought
from
Rome
,
vide
Agnus
Dei
.
Playes
&
Players
,
vide
Unlawfull
games
,
vide
Rogues
.
Plague
.
Head-officers
and
Iustices
of
Peace
in
a
corporation
,
or
in
a
priviledged
place
,
or
two
of
them
,
may
set
a
weekly
tax
on
the
inhabitants
of
the
corporation
,
or
priviledged
place
,
or
liberties
thereof
,
for
the
reasonable
relief
of
persons
infected
,
or
dwelling
in
houses
infected
within
the
said
corporation
or
priviledged
place
.
1.
Jac.
31.
Lamb.
337.
Corporation
or
priviledged
place
not
being
able
to
relieve
the
persons
infected
therein
,
upon
certificate
of
the
head-officer
or
Iustices
of
Peace
,
or
two
of
them
to
the
two
next
Iustices
of
the
Peace
,
may
assesse
and
tax
the
inhabitants
of
the
countie
within
five
miles
of
the
corporation
at
a
weekly
tax
for
the
relief
of
them
.
1.
Jac.
31.
Lamb.
337.
There
being
no
Iustice
of
Peace
in
the
corporation
,
or
the
infection
being
in
a
hamlet
,
the
two
next
Iustices
of
the
countie
may
assesse
the
inhabitants
of
the
countie
within
five
miles
of
the
place
infected
,
for
the
reasonable
relief
thereof
.
1.
Jac.
31.
Lam.
338.
The
taxes
upon
refusall
to
be
raised
by
warrant
of
the
head-officers
or
Iustices
upon
the
goods
of
the
refuser
,
or
upon
default
of
goods
returned
,
the
partie
by
another
warrant
to
be
impleaded
,
till
he
make
payment
thereof
with
the
arrerages
.
1.
Jac.
31.
Taxes
made
for
the
relief
of
places
infected
,
are
to
be
certified
at
the
next
Qu.
Sessions
,
and
there
to
be
continued
,
enlarged
,
or
extended
to
other
parts
of
the
countie
,
or
determined
by
the
greater
part
of
the
Iustices
.
1.
Jac.
31.
Lam.
609.
Taxes
levied
of
the
countie
for
the
relief
of
an
infected
corporation
are
to
be
disposed
by
the
head-officer
and
Iustices
of
the
corporation
,
or
two
of
them
;
and
if
there
be
no
Iustice
,
then
by
the
Iustices
assessors
,
1.
Jac.
31.
Officers
negligent
in
levying
of
the
taxes
,
lose
10
shill.
to
be
imployed
as
the
taxes
.
1.
Jac.
31.
Watchmen
not
to
be
impeached
for
hurting
those
infectious
persons
that
being
commanded
to
keep
in
,
will
in
offering
to
come
forth
resist
the
watchmen
.
1.
Jac.
31.
Any
infectious
person
commanded
to
keep
in
,
goeth
abroad
and
keepeth
companie
,
having
an
infectious
sore
uncured
,
is
felonie
without
corruption
of
bloud
,
or
forfeiture
of
goods
;
if
without
sore
,
to
be
punished
as
a
vagabond
by
39.
Elis
.
and
bound
to
his
good
behaviour
for
a
yeare
.
1.
Jac.
31.
Officers
of
a
corporation
and
Iustices
of
the
Peace
in
the
countie
,
may
respectively
appoint
,
swear
,
and
direct
searchers
,
watchers
,
and
triers
of
infected
persons
and
places
.
1.
Jac.
31.
Lam.
197.
Plaints
in
Court
.
One
Justice
of
Peace
may
upon
complaint
examine
the
Sheriffe
or
Undersheriffe
and
plaintiffe
concerning
the
taking
and
entring
of
plaints
in
their
countie
Court
in
bonks
against
the
statute
,
or
any
bayliffe
of
the
hundred
for
not
warning
the
defendant
in
such
a
plaint
according
to
his
precept
from
the
Sheriffe
or
Undersheriffe
;
and
if
he
thereby
finde
them
faulty
,
that
shall
stand
for
a
sufficient
conviction
and
attainder
without
further
enquiry
or
examination
,
and
these
examinations
the
Justice
must
certifie
into
the
Exchequer
within
a
quarter
of
a
yeare
,
on
pain
of
forfeiture
of
40
shill.
for
every
default
.
11.
Hen.
7.
15.
Lam.
201.
Dalt
.
107.
Sheriffe
entring
plaints
in
any
mans
name
that
is
not
present
in
Court
,
nor
hath
any
sufficient
Atturney
or
deputie
,
loseth
40
shill.
So
if
he
enter
more
plaints
then
the
plaintiffe
supposeth
he
hath
cause
of
action
for
.
11.
Hen.
7.
cap.
1.
Lam.
431.
Pond
and
Pond-heads
,
vide
Fish
.
Poysoning
,
vide
Murder
.
Pope
.
To
extoll
the
power
of
the
Pope
by
writing
,
printing
,
preaching
,
or
any
speech
,
open
deed
or
act
advisedly
holden
,
or
of
his
See
hereto
fore
claimed
and
usurped
within
this
Realm
,
or
to
abbet
,
procure
,
counsel
,
aid
,
or
comfort
such
,
is
treason
,
5.
Eliz.
1.
Lam.
411.
for
the
second
offence
;
for
the
first
offence
,
Praemunire
.
Dalt.
200.
Prese●…ment
at
the
Quarter
Sessions
for
extolling
the
power
of
the
Pope
of
Rome
,
must
be
certified
by
the
Justices
of
Peace
before
whom
it
was
taken
into
the
Kings
Bench
,
within
40
dayes
after
,
if
the
term
open
;
if
not
,
then
the
first
day
of
the
next
term
,
or
every
J.
lose
100
pound
.
5.
Elis.
1.
Printer
,
buyer
,
seller
,
or
bringer
from
beyond
the
sea
of
any
Popish
Primer
,
Lady
Psalters
,
&c.
in
any
language
,
or
other
superstitious
books
in
English
,
loseth
40
shill.
a
book
,
whereof
one
part
to
the
King
,
another
to
the
informer
,
a
third
to
the
poore
of
the
parish
where
the
book
shall
be
found
.
3.
Jac.
5.
Two
Justices
of
the
Peace
may
search
the
house
or
lodging
of
a
Popish
Recusant
,
or
whose
wife
is
such
,
for
Popish
books
and
reliques
,
and
finding
any
unmeet
for
them
to
use
,
must
deface
and
burn
them
,
or
being
of
value
deface
them
and
restore
them
to
the
owner
.
3.
Jac.
5.
Poore
People
.
Traveller
with
wife
and
children
,
not
being
a
rogue
,
dyeth
or
runneth
away
,
the
Town
where
that
happeneth
is
not
bound
to
keep
them
nor
send
them
away
,
except
they
become
wandring
rogues
,
Lamb.
208.
Resol.
7.
Parents
able
to
work
are
to
finde
their
children
by
their
●…bour
,
and
not
the
parish
.
Resol.
8.
None
is
to
be
removed
out
of
the
Town
where
he
dwelleth
,
or
sent
to
the
place
of
birth
or
last
habitation
,
but
a
vagrant
,
nor
found
by
the
Town
except
he
be
impotent
.
Resol.
9.
Persons
destitute
of
houses
by
expiration
of
term
,
or
servants
out
of
service
,
must
provide
houses
for
themselves
and
services
.
Resol
.
9.
Dal.
75.
Able
bodies
refusing
to
work
,
and
no
wanderers
,
are
not
to
be
sent
to
the
place
of
birth
or
last
habitation
,
but
to
the
house
of
correction
,
Res.
10.
by
such
a
Iust.
of
P.
as
may
appoint
overseers
for
the
poore
.
43.
Elis
.
2.
Dal.
71.
Lamb.
209
,
&
295.
Able
bodies
,
yet
idle
and
refusing
to
work
,
having
any
lawfull
means
to
live
by
,
are
not
to
be
sent
to
the
house
of
correction
.
Res.
10.
It
is
fineable
to
remove
or
put
any
out
of
the
parish
,
who
are
not
to
be
put
out
,
and
such
may
be
sent
back
.
Resol.
11.
None
may
take
relief
at
any
mans
doore
in
the
parish
,
but
by
the
appointment
of
the
overseers
,
nor
beg
in
the
high-wayes
in
their
parish
.
Res.
15.
Parsons
,
vicars
,
farmers
,
or
owners
of
impropriations
,
colemines
,
or
saleable
woods
,
are
to
be
charged
with
the
relief
of
the
poore
.
Res.
18
,
19.
In
default
of
an
assesse
made
by
the
Church-wardens
,
Constables
,
and
Parishioners
of
the
Tax
imposed
upon
them
at
the
Easter-Sessions
,
one
Iustice
dwelling
in
the
parish
,
or
if
none
dwell
there
,
the
next
adjoyning
Iust.
may
rate
the
assesse
,
&
in
default
of
payment
may
levy
the
same
by
distresse
.
Any
Iustice
of
Peace
may
imprison
without
bayl
,
and
make
sale
of
the
offenders
goods
,
rendring
to
the
party
the
overplus
;
and
in
default
of
such
distresse
,
any
Iustice
of
Peace
may
imprison
without
bayl
such
refuser
untill
he
pay
the
same
.
43.
Elis
.
2.
Lamb.
294
,
295.
Dal.
110.
Bishop
and
his
Chancellour
and
3
I.
of
P.
have
power
to
examine
how
money
for
relief
of
the
poore
appointed
by
the
statute
is
bestowed
,
and
to
call
to
account
the
detainers
thereof
.
14.
Elis
.
5.
&
39.
Elis
.
34.
Lamb.
336.
I.
of
P.
proved
before
the
Iudges
of
Assize
by
2
witnesses
to
be
in
default
of
examination
of
the
statute
for
the
poore
,
loseth
5
pound
.
14.
Elis
.
5.
Lamb.
372.
Parents
at
the
Q.
Sessions
appointed
to
keep
their
children
,
or
children
their
parents
,
and
have
not
relieved
them
at
their
own
charges
,
lose
20
shil.
a
moneth
.
39.
Elis
.
34.
Lamb.
445.
In
disabilitie
of
the
parish
or
hundred
to
relieve
their
poore
,
the
greater
part
of
the
Iustices
at
the
Q.
Sessions
may
rate
any
other
parish
or
hundred
thereto
.
39.
Elis
.
3.
&
43.
Elis
.
2.
Lamb.
611.
Beggers
children
at
the
Q.
Sessions
may
be
bound
to
serve
any
subject
in
an
honest
calling
.
14.
Elis
.
5.
&
18.
Elis
.
3.
Lamb.
614.
Performance
,
or
not
performance
of
so
much
of
the
statute
of
14.
Elis.
5.
for
the
poore
as
is
not
repealed
by
39.
Elis.
3.
or
43.
Elis.
2.
is
to
be
yearely
examined
at
Easter-Sessions
.
14.
Elis
.
5.
Lam.
620.
Overplus
of
the
stock
for
maymed
souldiers
is
to
be
imployed
by
the
greater
part
of
the
Iust
.
at
the
Q.
Sessions
to
such
charitable
uses
,
as
are
set
down
in
the
statute
for
the
poore
,
except
by
them
it
be
reserved
for
future
pensions
.
43.
Elis.
3.
Young
children
,
the
parents
being
dead
,
are
to
be
set
on
work
and
relieved
by
the
Town
where
they
dwelled
at
the
death
of
their
parents
,
and
not
sent
to
the
place
of
their
birth
.
Dal.
75.
The
Iustices
may
compell
such
as
be
of
abilitie
,
to
take
poore
children
apprentices
,
and
may
binde
such
masters
refusing
over
to
the
next
goal-delivery
:
so
said
Sr.
Henry
Montague
at
Cambridge
Assizes
1618.
and
the
statute
of
43.
Elis.
2.
seemeth
to
warrant
as
much
,
the
words
whereof
are
to
this
effect
,
It
shall
be
lawfull
for
the
Churchwardens
and
overseers
or
the
greater
part
of
them
,
by
the
assent
of
2
I.
of
the
P.
to
binde
any
such
children
to
be
apprentices
where
they
shall
see
convenient
cause
,
Dal.
92
,
93.
or
the
Churchwardens
or
overseers
,
with
the
assent
of
2
such
Justices
,
may
impose
a
competent
summe
of
money
upon
such
refuser
for
putting
out
such
an
apprentice
,
and
upon
refusall
to
levy
it
upon
the
Just●…
of
Peace
his
warrant
by
distresse
and
sale
of
the
offenders
goods
.
Dal.
93.
Edit.
1626.
If
the
parents
,
without
good
cause
shewed
,
refuse
to
suffer
their
children
to
be
apprentices
,
the
Justice
may
binde
them
over
to
answer
their
contempt
;
if
the
childe
refuse
,
send
him
to
the
house
of
correction
quousque
,
&c.
Dal.
93.
A
master
putteth
his
apprentice
into
apparell
,
he
cannot
take
it
away
though
he
part
with
the
apprentice
.
Dal.
93.
Edit.
1626.
If
after
the
death
of
A
,
another
man
abateth
or
entreth
into
his
house
forcibly
before
the
heire
of
A
hath
gotten
any
actuall
possession
indeed
,
the
heire
of
A
shall
have
no
restitution
,
because
he
had
a
possession
in
law
onely
.
Lam.
153.
Dal.
44
,
185.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
may
send
to
the
house
of
correction
or
goal
such
as
imploy
not
themselves
to
work
being
appointed
.
43.
Elis.
2.
Power
of
the
County
.
Information
of
a
not
is
a
sufficient
cause
to
raise
the
power
of
the
county
,
though
indeed
there
were
none
.
Lamb.
315.
Dal.
88
,
89.
Cro.
62
,
64.
b.
Power
of
the
county
is
raised
without
knowledge
or
information
of
a
riot
;
if
when
they
come
they
finde
one
,
it
is
lawfull
,
and
they
may
proceed
to
punish
it
.
Lamb.
316.
Dal.
88
,
89.
Cro.
62
,
64.
b.
Power
of
the
county
in
suppressing
a
riot
,
vide
Riot
.
The
Justice
of
Peace
,
Sheriffe
,
or
undersheriffe
,
in
levying
power
of
the
county
,
may
have
the
aid
of
all
the
Knights
,
&
other
temporall
men
under
this
degree
that
are
above
the
age
of
15
,
and
able
to
travell
,
upon
pain
of
imprisonment
,
fine
,
and
ransome
to
the
King
.
Dal.
88.
L.
315.
Cro.
157.
b.
But
it
is
referred
to
the
discretion
of
the
Justices
how
many
or
how
few
they
will
have
,
and
in
what
sort
they
shall
be
armed
.
Dal.
88.
Lamb.
315.
Cro.
64.
b.
One
I.
of
P.
may
take
power
of
the
county
,
suppresse
riotters
,
and
need
not
tarry
till
his
fellows
come
.
Cro.
157.
b.
Dal.
84.
Lamb.
184.
Constable
may
take
the
aid
of
his
neighbour
to
arrest
another
upon
an
affray
.
Cro.
158.
a.
L.
134.
Sheriffe
upon
a
writ
of
execution
returned
that
he
could
not
execute
it
for
resistance
,
and
was
amerced
20
marks
,
because
he
took
not
the
power
of
the
county
.
Cro.
158.
a.
Preacher
.
He
that
disturbeth
a
Preacher
of
purpose
maliciously
or
contemptuously
in
Sermon-time
,
is
to
be
bound
to
his
good
behaviour
,
and
have
3
moneths
imprisonment
.
Lamb.
416.
1.
M.
c.
3.
If
the
disturber
of
any
preacher
be
arrested
and
brought
before
any
Iustice
of
Peace
,
upon
due
accusation
and
examination
heard
,
either
by
the
arrester
or
other
person
,
he
shall
forthwith
commit
the
party
so
taken
to
custody
by
his
discretion
;
and
within
6
dayes
after
another
Iustice
joyning
in
examination
,
they
,
upon
confession
of
the
party
,
or
conviction
of
2
witnesses
,
may
commit
him
to
prison
for
3
moneths
.
1.
Mar.
4.
Lamb.
195
,
333.
Quaere
if
all
the
statute
of
1.
Mar.
3.
be
not
repealed
by
the
generall
words
at
the
latter
end
of
the
statute
.
1.
Elis.
2.
Praemunire
.
Refusall
to
take
the
oath
of
the
Kings
supremacie
,
the
first
offence
is
praemunire
,
the
second
treason
.
5.
Elis
.
1.
Lam.
411.
To
aid
,
comfort
,
or
maintain
one
that
hath
committed
treason
in
using
of
bulls
,
is
praemunire
.
23.
Elis
.
1.
Lam.
411.
Vide
Treason
.
To
hold
,
set
forth
,
or
defend
the
power
spirituall
of
any
forrein
Prince
or
person
heretofore
claimed
,
used
,
or
usurped
within
the
Kings
dominions
by
writing
,
printing
,
preaching
,
expresse
deed
or
act
maliciously
or
directly
,
or
to
put
in
use
or
execute
any
thing
to
that
end
,
the
first
offence
is
praemunire
,
the
second
treason
,
1.
El.
1.
&
5.
El.
1.
enquirable
by
words
of
23.
El.
1.
&
Lam.
411.
He
which
aideth
any
person
that
putteth
in
ure
any
bull
,
writing
,
or
instrument
of
absolution
gotten
from
Bishop
or
See
of
Rome
,
&c.
to
the
intent
to
uphold
the
authoritie
of
the
See
of
Rome
,
incurreth
praemunire
.
13.
El.
21.
&
23.
El.
1.
Lam.
413.
To
bring
from
the
Bishop
or
See
of
Rome
,
or
any
claiming
authoritie
from
it
,
Agnus
Dei
,
crosses
,
pictures
,
beads
,
grains
,
or
such
like
superstitious
things
,
or
to
deliver
or
offer
them
,
or
cause
to
be
delivered
or
offered
to
any
of
the
Kings
subjects
to
use
or
receive
them
to
such
intent
,
and
not
to
apprehend
the
offender
,
or
within
three
dayes
disclose
him
to
the
Ordinarie
or
other
Iustice
of
Peace
,
or
within
one
day
deliver
the
things
received
to
a
Iustice
of
Peace
.
13.
El.
2.
&
23.
El.
1
Lam.
414.
The
forfeiture
in
cases
of
praemunire
upon
the
statute
of
16.
R.
2.
is
to
forfeit
his
lands
and
tenements
in
fee
for
ever
,
his
lands
in
tail
for
his
life
,
and
all
his
goods
and
chattells
,
and
to
have
a
perpetuall
imprisonment
,
and
to
be
out
of
the
Kings
protection
.
Cro.
14.
a.
Dal.
226.
but
quaere
if
he
be
attainted
upon
the
27.
of
E.
3.
1.
if
he
appeare
and
the
day
of
the
praemunire
returned
.
Dal.
ibid.
Edit.
1626.
A
man
may
not
kill
him
which
is
attainted
in
the
praemunire
,
by
5.
Elis.
1.
but
before
he
might
,
for
they
were
out
of
the
Kings
protection
.
Cro.
15.
a.
One
lawfully
imprisoned
untill
the
next
Sessions
for
refusing
the
oath
of
alleagiance
,
and
there
again
refusing
it
,
incurres
a
praemunire
,
except
married
women
,
who
are
onely
to
be
imprisoned
without
bail
.
3.
Jac.
4.
&
7.
Jac.
6.
Not
disclosing
nor
certifying
within
24
dayes
the
name
of
him
which
bringeth
any
Agnus
Dei
,
crosses
,
or
pictures
,
to
one
of
the
Kings
Councell
,
13.
El.
2.
is
praemunire
.
Breakers
of
bargains
contrarie
to
the
statute
of
27.
H.
8.
provided
against
usurie
,
shall
be
punished
,
as
Counsellours
,
Atturneys
or
Advocates
in
case
of
praemunire
.
27.
El.
8.
Delivering
or
sending
any
relief
to
a
Iesuite
,
Priest
,
or
other
remaining
in
any
colledge
of
Iesuites
,
incurreth
praemunire
.
27.
El.
2.
Presentment
.
Presentment
is
a
declaration
of
the
Iurours
or
Officers
without
any
bill
offered
before
.
Lam.
405.
It
differeth
from
an
enditement
,
which
is
the
verdict
of
the
Iurours
that
be
charged
to
enquire
of
that
offence
which
is
offered
.
Lam.
486.
What
shall
be
a
good
presentment
.
Presentment
at
a
Sessions
where
the
style
is
in
the
name
of
three
,
and
the
presentment
taken
by
two
.
Lam.
383.
Presentment
where
some
of
the
Jurours
be
allied
or
of
bloud
to
him
that
procureth
the
enditement
;
but
it
is
no
discretion
in
the
Justice
to
suffer
such
to
be
impannelled
.
Lam.
398.
Presentment
where
some
of
the
Jurours
be
allied
or
of
bloud
.
Presentment
of
a
Jurie
of
an
hundred
,
of
an
offence
done
in
another
hundred
.
399.
Presentment
where
all
were
not
sworn
,
if
the
Record
be
that
all
were
sworn
.
Lam.
399.
Where
the
declaration
of
the
Officers
of
the
Sessions
shall
have
the
force
of
a
presentment
.
A
Justice
of
Peace
upon
his
own
knowledge
of
offences
against
the
statute
of
2.
&
3.
P.
&
M.
cap.
8.
&
5.
Elis
.
cap.
13.
of
high-wayes
.
Dal.
51.
Cro.
125.
b.
195.
a.
Searchers
appointed
to
examine
the
true
making
of
tile
.
Constable
for
sundrie
points
in
the
statute
of
Winchester
.
13.
E.
1.
Amendment
of
a
presentment
,
vide
Venire
sacias
.
Priests
,
vide
Jesuites
.
Principall
and
Accessarie
,
vide
Accessarie
.
Prison
.
One
committed
to
prison
for
refusing
to
finde
sureties
for
the
Peace
,
shall
remain
there
till
he
freely
offer
and
finde
them
.
Lam.
93.
One
committed
for
denying
to
finde
sureties
for
the
Peace
,
may
not
be
delivered
upon
the
death
or
release
of
the
partie
,
without
help
of
the
Sessions
or
goal-deliverie
.
Lam.
93.
Quaere
.
One
imprisoned
till
he
make
fine
that
stood
whilest
one
was
slain
,
because
he
did
not
his
best
to
attach
the
murderer
.
Lam.
132.
The
Sheriffe
or
Goaler
may
imprison
in
his
house
or
in
the
common
goal
at
pleasure
.
Dal
297.
Cro.
169.
8.
Lam.
133.
Constable
cannot
imprison
in
his
house
but
in
the
stocks
,
and
that
but
untill
he
may
provide
convenient
aid
to
convey
him
to
the
Justice
of
Peace
or
the
goal
.
Dal.
297.
Lam.
133.
Just.
of
Peace
cannot
commit
felons
to
prisons
which
be
not
common
goals
,
nor
make
a
goal
of
their
own
houses
.
Dal.
197.
Lam.
133.
5.
H.
4.
Justice
of
Peace
may
commit
to
the
stocks
some
offenders
against
certain
penall
statutes
.
Dal.
297.
Breach
of
prison
is
the
escape
of
a
felon
,
though
not
endited
,
out
of
the
goal
,
stocks
,
or
possession
of
any
keeper
.
Lam.
229.
One
imprisoned
upon
a
Capias
pro
fine
is
to
be
delivered
upon
payment
thereof
,
Lam.
574.
or
upon
pledges
by
recognizances
for
payment
thereof
.
Prisoners
.
Every
one
who
is
under
arrest
for
felonie
,
is
a
prisoner
as
well
without
prison
as
in
the
stocks
,
in
the
high-way
,
or
in
the
possession
of
him
that
arrested
or
hath
the
keeping
of
him
.
Dal.
239.
To
break
prison
is
felonie
,
being
committed
for
felonie
.
Lam.
229
,
424.
Rescous
to
help
a
prisoner
committed
for
felonie
,
to
get
away
is
felonie
.
Lam.
229
,
424.
If
an
officer
or
other
whatsoever
by
his
wilfull
default
suffer
a
prisoner
to
escape
,
it
is
felonie
.
Lam.
229
,
424.
Prison-breach
is
to
escape
out
of
the
stocks
,
or
out
of
any
mans
possession
.
Lam.
229.
Unlawfully
to
utter
a
device
to
set
a
prisoner
at
libertie
,
endited
of
treason
concerning
the
Kings
person
,
is
felonie
,
Lam.
403.
expired
.
Churchwardens
are
to
levie
money
for
the
relief
of
prisoners
,
and
to
pay
it
to
the
high
Constable
quarterly
,
who
is
to
pay
it
to
the
collectour
at
the
Quarter
Sessions
,
and
he
is
to
distribute
it
weekly
;
any
making
default
lose
5
pound
.
14.
Elis
.
5.
Lam.
475.
Prisoner
of
sufficient
abilitie
shall
bear
his
own
charges
,
and
of
them
that
shall
be
appointed
to
guard
him
to
the
goal
;
and
he
refusing
,
the
Constable
of
the
parish
where
he
dwelleth
,
by
warrant
from
the
Justice
that
committed
him
,
may
levie
the
same
by
distresse
and
sale
of
his
goods
after
apprizement
by
foure
of
the
parish
,
the
overplus
to
be
delivered
to
the
owner
.
3.
Jac.
10.
Prisoner
not
of
abilitie
,
and
those
that
guard
him
,
to
have
their
charges
from
the
place
of
apprehension
to
the
goal
born
by
the
parish
where
he
is
apprehended
,
the
same
to
be
equally
taxed
by
the
Constables
and
Churchwardens
,
&
two
or
three
of
the
inhabitants
,
and
allowed
by
the
J.
of
P.
3.
Jac.
10.
Any
lawfully
taxed
for
the
charge
of
bringing
a
prisoner
to
the
goal
,
and
refusing
to
pay
it
,
Constable
or
other
officer
of
the
parish
,
by
warrant
from
the
Iustice
of
Peace
that
committed
him
,
may
levie
the
same
by
distresse
,
and
(
after
apprizement
by
foure
of
the
parish
)
sale
of
the
goods
,
giving
the
owner
the
overplus
.
3.
Jac.
10.
Default
in
action
for
a
distresse
taken
by
force
of
the
statute
of
3.
Jac.
10.
may
plead
not
guiltie
,
and
give
the
speciall
matter
in
evidence
,
and
upon
recoverie
or
non-suit
shall
have
treble
damages
.
3.
J.
10.
Prisoners
discharged
by
Iustices
of
Peace
who
take
the
enditement
to
be
void
,
may
be
stayed
if
they
change
their
opinion
before
judgement
.
Lam.
540.
Privie
Sessions
,
vide
Sessions
.
Processe
.
Processe
hath
the
name
because
it
proceedeth
or
goeth
out
upon
former
matter
either
originall
or
judiciall
.
Lam.
519.
Suggestions
and
informations
,
whether
by
word
or
writing
,
are
but
to
stirre
up
the
Iustices
to
commend
the
cause
to
the
Inquest
,
and
not
to
award
processe
upon
them
,
Lam.
509.
unlesse
it
be
certain
causes
where
it
is
especially
given
them
by
statute
.
ibid.
Authoritie
to
make
processe
upon
enditements
is
given
to
the
Iustices
by
words
of
their
commission
,
or
by
implication
where
the
power
of
hearing
and
determining
is
given
by
their
commission
.
Lam.
520.
No
processe
,
plea
,
or
suit
,
is
to
be
discontinued
by
making
a
new
commission
of
the
Peace
.
11.
H.
6.
Ed.
6.
2.
Lam.
520.
Processe
upon
all
enditements
of
trespasse
against
the
Peace
or
upon
speciall
statute
is
Venire
facias
;
and
if
he
be
thereupon
returned
sufficient
,
then
a
Distringas
infin●…è
;
if
he
be
returned
nihil
habet
,
then
Capias
aliàs
,
pluries
.
Exigent
.
Lam.
522
,
523.
Processe
upon
the
statute
of
unlawfull
games
,
liveries
,
maintenance
,
archerie
,
&c.
Venire
facias
,
Capias
,
Exigent
.
33.
H.
8.
10.
Quaere
it
not
repealed
by
37.
H.
8.
7.
Lam.
523.
Processe
upon
the
statute
of
victualls
,
attachments
,
Capias
,
Exigent
.
Lam.
523
,
524.
Processe
upon
depraving
the
Sacrament
is
two
Capias
,
Exigent
,
Capias
ut
legatum
,
and
may
be
sent
by
any
three
Justices
into
any
shire
.
Lam.
524.
Justices
of
Peace
may
award
processe
into
a
forrein
county
against
an
accountant
for
money
levied
for
making
a
goal
.
23.
H.
8.
5.
Elis
.
4.
Lam.
6.
25.
Iustices
of
Peace
where
the
servant
departed
,
may
award
a
Capias
to
the
Sheriffe
of
the
shire
whereinto
he
departed
,
returnable
before
themselves
.
5.
Elis
.
4.
So
where
a
decayed
bridge
is
in
one
countie
,
and
the
partie
or
land
chargeable
in
another
countie
.
32.
H.
6.
5.
Lam.
525.
One
indicted
of
treason
or
trespasse
in
one
countie
,
is
imprisoned
in
another
.
Iustices
may
award
Habeas
corpus
to
remove
him
before
themselves
.
Lam.
526.
Processe
upon
indictment
of
felonie
may
be
sent
into
any
forrein
countie
.
5.
E.
3.
11.
Lam.
528.
Processe
upon
indictment
of
felony
is
two
Capias
and
an
Exigent
.
23.
E.
3.
14.
Lam.
527.
Enditement
of
treason
,
felonie
,
or
trespasse
in
one
countie
nameth
the
endited
to
be
in
another
,
the
first
processe
shall
go
into
the
countie
where
he
is
indicted
,
the
second
to
the
countie
where
he
is
named
,
to
be
returnable
three
moneths
after
;
and
if
he
be
not
to
be
found
there
,
then
that
Sheriffe
to
make
proclamation
at
two
Countie
Courts
before
the
Iustices
of
the
countie
when
the
indictment
is
at
the
day
in
the
Capias
;
and
if
he
appeare
not
,
an
Exigent
to
be
awarded
.
8.
H.
6.
10.
Lam.
525
,
526.
The
two
Iustices
of
the
Peace
which
have
the
oversight
of
the
amerciaments
,
upon
suggestion
may
make
processe
as
in
the
trespasse
against
the
offenders
of
that
statute
to
answer
before
them
.
11.
H.
7.
15.
Lam.
360.
No
processe
is
to
be
awarded
by
the
Iustice
after
outlawrie
,
but
they
are
to
certifie
the
outlawrie
into
the
Kings
Bench.
Lam.
523
,
524.
Processe
upon
informations
must
be
such
as
the
statute
whereupon
they
are
grounded
do
appoint
.
Lam.
528.
The
Sheriffe
or
his
minister
that
hath
arrested
,
or
caused
any
fine
,
ransome
,
or
amerciament
to
be
levied
by
reason
of
indictment
or
presentment
at
the
Sheriffes
turn
or
law
day
without
processe
from
the
Iustice
,
loseth
40
pound
.
1.
E.
4.
2.
Lam.
45.
Informations
made
in
the
Sessions
that
an
alehouse
keeper
hath
done
any
thing
whereby
he
hath
forfeited
his
recognizance
,
the
Iustice
of
Peace
may
award
processe
against
him
,
to
shew
cause
why
he
should
not
forfeit
his
recognizance
,
Lam.
●…
.
but
quaere
what
processe
.
Processe
cannot
be
awarded
by
the
Iustice
of
Peace
upon
any
forfeited
recognizance
except
alehouses
,
but
he
must
certifie
them
to
the
higher
Courts
.
Lam.
ibid.
Iustices
of
Peace
where
the
servant
departed
,
may
award
a
Capias
to
the
Sheriffe
of
the
shire
whereinto
he
departed
,
returnable
before
themselves
.
5.
Elis
.
4.
Lam.
525.
Proclamation
.
Justices
of
Peace
cannot
acquit
felons
by
proclamations
,
or
without
sufficient
requitail
;
and
if
they
cannot
endite
them
,
they
must
remain
till
the
goal-delivery
.
Lam.
549
,
550.
The
form
of
proclamations
to
remove
a
force
upon
a
writ
upon
the
statute
of
Northampton
,
vide
Lam.
168
,
169.
Dal.
46
,
47.
Constable
,
if
any
affray
be
dangerous
,
may
make
proclamation
.
Lam.
132.
Dalton
makes
quaere
,
28.
One
Justice
of
Peace
may
make
a
proclamation
in
the
Kings
name
to
stay
a
riot
.
Lam.
183.
Quaere
,
for
the
statute
1.
M.
12.
d.
1.
Elis
.
are
expired
.
Iustices
of
Peace
at
every
Sessions
use
to
make
proclamation
,
that
if
any
will
inform
for
the
King
he
shall
be
heard
.
Lam.
520.
Proclamation
annexed
to
the
statute
of
4.
Hen.
7.
12.
is
to
be
read
every
Qu.
Sessions
,
or
every
Iustice
present
loseth
20
shill.
4.
Hen.
7.
12.
Lam.
633.
Quaere
if
of
force
now
.
Promoters
,
vide
Informers
.
Prophesying
.
Prophesier
with
intent
to
make
rebellion
or
other
disturbance
in
the
Realm
,
being
convicted
thereof
before
the
Iustice
of
Peace
,
shall
be
imprisoned
one
yeare
without
bail
for
the
first
offence
,
and
forfeit
also
ten
pound
;
for
the
second
offence
imprisoned
all
his
life
,
and
lose
all
his
goods
and
chattels
reall
and
personall
,
to
be
impeached
within
six
moneths
.
5.
Elis
.
15.
Lamb.
415
,
416.
Purveyours
.
If
purveyours
,
caterers
,
or
servants
of
any
man
but
the
King
,
take
any
thing
without
the
owners
will
,
or
as
they
can
agree
and
make
present
payment
,
it
is
felonie
.
Lam.
231.
Dal.
246.
Crom.
48.
a.
Purveyour
shall
not
take
cart
or
other
provision
of
any
Prelate
or
Clerk
.
Purveyour
,
his
deputie
,
undertaker
,
or
servant
maketh
purveyance
without
warrant
,
of
any
thing
above
12
pence
,
without
consent
of
the
owner
,
it
is
felonie
.
2.
&
3.
P.
&
M.
cap.
6.
Lam.
422.
Dal.
245.
Cro.
48.
a.
Purveyour
taking
any
carriage
in
other
manner
then
is
comprised
in
his
Commission
,
it
is
felonie
.
36.
Ed.
3.
cap.
2.
Lam.
423.
Dal.
145.
Or
any
purveyour
without
Commission
under
the
great
Seai
,
Dal.
ibid.
Cro.
48.
b.
it
is
felonie
.
Or
make
purveyance
of
goods
above
12
pence
,
without
testimonie
and
apprizement
of
the
Constable
and
foure
honest
men
of
the
town
,
and
without
delivering
tales
or
indentures
under
his
seal
testifying
his
purveyance
,
it
is
felonie
.
Lam.
423.
Dal.
245.
5.
E.
3.
a.
25.
E.
3.
1.
To
take
more
victuals
or
carriages
for
the
Kings
house
,
then
he
shall
deliver
to
the
same
house
,
is
felonie
.
Dal.
245.
To
take
sheep
in
their
wools
betwixt
Easter
and
Midsummer
at
small
prices
,
and
to
carrie
them
to
his
own
houses
to
shear
them
,
Lam.
423.
Dal.
245.
23.
E.
3.
15.
is
felonie
.
Quaere
if
the
felonie
of
purveyours
by
36.
E.
3.
b.
be
not
altered
by
2.
3.
H.
6.
14.
Purveyour
taking
any
thing
of
40
shillings
,
or
under
,
without
present
payment
,
loseth
double
the
value
of
the
thing
taken
;
and
the
Constable
upon
request
made
,
not
aiding
him
to
resist
the
purveyour
so
taking
,
loseth
double
damages
.
And
any
of
the
Kings
officers
procuring
any
to
be
arrested
or
vexed
for
such
resistance
,
loseth
20
pound
.
20.
Hen.
6.
8.
&
23.
H.
6.
2.
Lam.
438.
Purveyour
taking
any
thing
of
any
man
to
spare
him
,
is
to
be
imprisoned
two
yeares
,
pay
treble
damages
,
and
ransome
.
Lam.
439.
Purveyour
taking
corn
by
other
measure
then
the
stricken
bushell
,
or
by
any
more
then
eight
such
bushels
to
the
quarter
,
and
that
hath
taken
carriages
therefore
without
making
ready
paiment
,
is
to
be
imprisoned
one
yeare
,
and
pay
5
pound
unto
the
King
,
and
5
pound
unto
the
partie
.
25.
E.
3.
36.
E.
3.
3.
&
1.
Hen.
5.
10.
Lam.
439.
Purveyour
of
timber
or
his
deputie
,
causing
any
timber
to
be
felled
fit
for
barking
,
but
onely
in
barking
time
,
except
trees
for
building
or
repairing
the
Kings
ships
or
houses
,
or
having
taken
any
profit
by
the
lops
,
tops
,
or
barks
of
any
trees
,
or
having
taken
from
the
owner
any
more
of
any
tree
then
onely
the
timber
,
loseth
40
shillings
for
every
tree
.
Lam.
438
,
439.
Dockets
of
Purveyours
ought
to
be
delivered
over
to
the
Iustice
of
Peace
at
the
next
generall
Sessions
,
and
by
the
Iustice
to
be
certified
to
the
treasurer
of
the
Kings
houshold
.
2.
&
3.
P.
&
M.
b.
Lam.
614.
Purveyour
taking
any
provision
for
the
Kings
house
by
force
of
his
Commission
,
and
selling
away
the
same
,
his
first
taking
is
extortion
,
and
he
is
punishable
as
a
trespaster
,
if
not
as
a
felon
.
Dalt
.
246.
Undertakers
,
deputies
servants
,
and
all
other
which
under
colour
of
the
Kings
Commission
to
the
Kings
purveyours
,
do
take
any
victualls
against
the
statute
,
are
liable
to
the
pains
therein
mentioned
against
purveyours
.
2.
&
3.
Ph.
&
M.
b.
Cro.
48.
b.
Justices
of
Peace
are
to
certifie
to
the
Treasurer
of
the
Kings
houshold
the
dockets
of
purveyours
(
brought
to
their
Sessions
by
Constables
)
that
the
serving
of
such
Commissions
,
and
the
true
answering
of
purveyances
may
be
better
examined
thereby
.
Lam.
590.
2.
&
3.
P.
&
M.
b.
Putting
out
of
eyes
.
Upon
malice
prepensed
to
put
out
any
ones
eyes
,
is
felonie
.
5.
H.
4.
5.
Lam.
420.
Dal.
242.
Cro.
49.
a.
Lam.
256.
Rape
,
or
ravishment
.
DEflowring
of
a
maid
under
ten
yeares
old
,
with
or
without
consent
,
is
felonie
without
clergie
.
18.
Elis
.
cap.
6.
Lam.
256
,
421.
Dal.
248.
Cro.
47.
b.
Ravishing
of
a
woman
against
her
will
,
without
consent
either
before
or
after
the
fact
,
or
being
with
force
,
though
after
she
do
consent
,
is
felonie
without
clergie
.
West
.
2.
cap.
34.
18.
Elis
.
6.
Lam.
256
,
241.
Dal.
248.
Cro.
47.
b.
To
be
present
and
aiding
the
ravisher
,
is
rape
.
Lam.
258.
Dal.
248.
Cro.
47.
b.
Stam.
24.
No
rape
where
the
partie
deflowred
conceiveth
with
childe
.
Lamb.
257.
Dalt
.
248.
Crom.
47.
b.
Stam.
24.
Deflowring
of
one
kept
as
the
deflowrers
concubine
,
is
no
rape
;
otherwise
of
another
mans
concubine
.
Lam.
257.
Dal.
248.
Cro.
47.
b.
Stam.
24.
Force
without
carnall
knowledge
is
no
rape
.
Lam.
257
,
258.
A
woman
that
is
ravished
ought
presently
to
levy
hue
and
cry
,
and
to
complain
thereof
presently
to
some
credible
persons
.
Dalt
.
248.
Crom.
100.
a.
Stam.
22.
To
ravish
a
woman
who
consenteth
for
fear
of
death
,
&c.
is
ravishment
;
for
consent
ought
to
be
voluntarie
and
free
.
Dal.
248.
Cro.
48.
a.
Records
.
To
rase
a
record
is
felonie
;
yet
if
a
Iudge
do
embezell
or
rase
a
record
,
it
is
but
misprision
in
a
Iudge
.
Dal.
243.
Embezelling
of
any
record
,
writ
returnable
,
pannell
,
processe
,
or
warrant
of
Atturney
in
Chancery
,
Kings
Bench
,
Exchequer
,
Common
pleas
,
or
Treasurie
,
is
felonie
in
the
parties
,
their
counsellours
,
procurers
,
or
abetters
.
Dal.
243.
But
it
seemeth
that
Justices
of
Peace
have
not
to
do
with
these
felonies
.
Dal.
148.
Lam.
449.
Cro.
56.
8.
8.
H.
6.
12.
Rebellious
assemblies
.
The
statutes
1.
Mar.
12.
and
1.
Elis
.
are
discontinued
.
Recognisance
.
Recognisance
is
a
bond
of
record
testifying
the
recogniler
to
ow
a
certain
summe
of
money
to
some
other
,
and
the
acknowledgement
of
the
same
is
to
remain
of
record
,
and
none
can
take
it
but
onely
a
Judge
or
officer
of
record
.
Dal.
284.
Every
recognisance
taken
by
a
Iustice
of
Peace
,
must
be
made
by
these
words
Domino
Regi
,
upon
pain
of
imprisonment
of
any
person
that
shall
take
it
otherwise
.
Dal.
285
,
332.
33.
H.
8.
29.
Cro.
196.
8.
Lam.
162.
Dal.
142.
Sureties
in
recognisances
ought
to
be
subsidie
men
,
and
they
must
be
two
besides
the
partie
himself
.
Lam.
101.
It
is
in
the
discretion
of
a
Iustice
of
Peace
,
if
he
take
a
recognisance
ex
officio
,
to
appoint
or
allow
the
number
of
the
sureties
,
their
sufficiency
in
goods
and
lands
,
the
summe
of
money
,
and
how
long
he
shall
be
bound
.
Dal.
141.
Lam.
100.
If
a
Justice
of
Peace
be
deceived
in
the
abilitie
of
the
sureties
,
he
may
compell
the
partie
to
put
in
another
.
Lam.
101.
Recognisance
of
the
Peace
,
without
expressing
in
the
condition
that
it
was
for
keeping
of
the
Peace
,
seemeth
void
.
Lam.
103.
Dal.
142.
So
it
is
if
a
recognisance
be
that
a
recogniser
shall
not
maim
or
beat
A
,
without
expressing
keeping
the
peace
.
Lam.
103.
Dal.
142.
Recognisance
comprehending
no
time
of
appearance
,
but
generally
to
keep
the
peace
,
is
good
.
Lam.
103.
Dalt
.
144.
Recognisance
for
the
peace
upon
a
supplicavit
,
is
not
of
necessitie
to
be
returned
untill
certiorari
.
Lam.
109.
Dalt
.
144.
Recognisance
taken
to
keep
the
peace
against
one
especially
,
quaere
if
it
be
good
,
Lam.
104.
Dal.
143.
Recognisance
taken
ex
officio
,
may
be
removed
by
Certiorari
.
Lam.
109.
Dal.
145.
Recognisance
not
forfeited
is
discharged
by
the
death
of
the
King
,
the
cognizer
or
the
partie
suing
for
it
,
if
it
were
against
him
alone
.
Lam.
113.
The
sureties
dying
,
the
recognisance
is
good
against
the
executours
.
Lam.
113.
Recognisances
taken
are
to
be
certified
notwithstanding
the
death
of
the
King
,
Lam.
113.
or
of
the
recognizer
,
or
of
the
partie
at
whose
suit
it
was
granted
.
Lam.
113.
The
recognisance
being
forfeited
,
the
Justice
shall
in
discretion
require
new
sureties
,
or
commit
him
to
prison
.
Lam.
114.
Recognisance
of
the
Peace
brought
into
the
Custos
Rotulorum
and
not
pursued
,
may
be
called
upon
for
the
King
by
the
Clerk
of
the
Peace
.
ibid.
Justice
of
the
Peace
cannot
award
processe
upon
a
forfeited
recognisance
,
but
it
must
be
certified
into
the
higher
court
,
except
recognisance
for
alehouses
,
Lam.
589.
Dal.
144.
Cro.
167
,
and
the
cause
of
the
forfeiture
.
Dal.
172.
Recognisances
or
examinations
taken
concerning
suspects
or
felons
,
are
to
be
certified
at
the
next
generall
goal-delivery
.
2.
&
3.
P.
&
M.
10.
Lam.
Recognisances
taken
by
a
Iustice
of
Peace
ex
officio
,
are
to
be
brought
into
the
Custos
Rotulorum
at
the
next
generall
Sessions
,
Lam.
109.
Dal.
144.
Cro.
139.
a.
but
no
pain
by
the
statute
of
3.
H.
7.
1.
if
he
do
not
.
None
but
the
King
can
pardon
a
recognisance
once
forfeited
.
Lam.
113.
Reconciliation
,
vide
Treason
.
Records
.
Records
be
nothing
else
but
memorials
or
monuments
of
things
done
before
Judges
that
have
credit
in
that
behalf
.
Lam.
63.
If
a
record
say
any
thing
,
no
man
shall
be
received
to
averre
or
speak
against
it
.
Lam.
63.
The
Judges
may
correct
or
amend
any
record
in
the
term
wherein
the
record
is
to
be
made
,
but
after
they
have
no
power
at
all
over
them
.
Lam.
64.
Dal.
The
record
or
testimonie
of
a
Justice
of
Peace
is
in
some
cases
of
greater
force
then
an
enditement
of
a
Iury
,
and
against
it
the
partie
shall
not
be
admitted
to
traverse
.
Lam.
65.
Embezelling
of
a
record
is
felonie
,
but
not
to
be
dealt
withall
by
a
Iustice
of
Peace
.
Lam.
231
,
549.
Precepts
for
suretie
of
the
Peace
,
speciall
records
for
conviction
of
forcible
entries
made
out
of
the
Sessions
,
are
not
records
of
Sessions
.
Lam.
389.
Records
of
causes
determinable
at
the
Sessions
taken
by
the
Iustices
of
Assize
at
their
goal-deliverie
as
Iustices
of
Peace
,
are
to
be
left
with
the
Clerk
of
the
Peace
to
be
brought
to
the
next
Sessions
of
the
Peace
.
Lam.
391.
One
pleadeth
a
record
before
other
Iustices
by
way
of
justification
,
the
Iustices
ought
to
give
him
day
to
bring
in
the
record
.
Lam.
523.
A
Justice
of
Peace
upon
a
Commission
being
convicted
by
oath
of
twelve
men
of
embezelling
,
wilfull
rasing
of
an
enditement
,
or
maliciously
inrolling
that
for
an
enditement
,
which
was
not
found
,
or
changing
an
enditement
of
trespasse
into
an
enditement
of
felonie
,
loseth
his
office
,
and
shall
be
fined
and
imprisoned
according
to
his
offence
.
Recusants
.
Wilfully
absenting
themselves
from
Church
12
moneths
,
contrary
to
1.
Elis.
2.
and
convicted
,
being
of
16
yeares
of
age
,
are
to
be
bound
to
the
good
behaviour
,
upon
certificate
of
one
Iustice
of
Peace
to
the
Kings
Bench
,
1.
Elis.
2.
besides
other
penalties
.
23.
Elis
.
Dalt.
80.
Every
Iustice
of
Peace
may
give
notice
to
any
person
to
forbear
to
receive
or
keep
such
as
shall
obstinately
refuse
to
come
to
the
Church
by
the
space
of
a
moneth
.
35.
Elis.
1.
Heir
of
a
Recusant
being
a
Recusant
at
his
ancestours
death
,
conforming
himself
,
and
taking
the
oath
of
supremacie
made
1.
Elis
.
before
the
Archbishop
or
Bishop
of
the
Diocesse
,
shall
be
free
from
penalties
for
the
recusancie
of
his
ancestour
.
1.
Jac.
4.
Heir
of
a
Recusant
being
under
16
yeares
at
the
death
of
his
ancestour
,
at
or
after
16
yeares
becomes
a
Recusant
,
he
is
not
to
be
freed
of
his
ancestours
penalties
for
recusancie
,
till
conformitie
as
afore
said
.
1.
Jac.
4.
Two
parts
of
Popish
Recusants
lands
being
seised
for
payment
of
20
pound
a
moneth
,
the
third
is
not
to
be
charged
with
it
,
but
is
to
descend
to
his
heir
,
and
the
two
parts
to
remain
in
the
Kings
hands
till
he
be
satisfied
thereof
both
for
the
ancestour
and
heir
.
1.
Jac.
4.
Any
sending
his
children
beyond
the
seas
out
of
the
Kings
dominions
to
any
religious
house
,
to
be
instructed
or
strengthened
in
Poperie
,
loseth
100
shill.
and
the
person
so
going
,
or
being
there
,
and
not
returning
in
one
yeare
,
is
disabled
to
inherite
,
purchase
,
or
take
any
lands
or
goods
in
his
Majesties
dominions
,
till
conformitie
.
1.
Jac.
4.
Estates
in
trust
for
benefit
of
any
sent
beyond
the
sea
to
any
religious
house
to
be
instructed
in
Popery
,
are
void
.
1.
Jac.
4.
Forfeitures
upon
the
statute
of
1.
Jac.
4.
against
Popish
Recusants
,
half
to
the
King
,
and
half
to
the
suer
in
any
the
Courts
of
record
at
Westminster
by
action
of
debt
,
&c.
1.
Jac.
4.
Popish
Recusant
conforming
himself
in
coming
to
Church
according
to
the
law
,
and
after
convicted
for
nor
receiving
the
Sacrament
once
every
yeare
,
loseth
for
the
1
yeare
20
pound
,
for
the
second
yeare
40
pound
,
for
the
third
yeare
60
pound
:
And
if
after
conformitie
in
receiving
the
Sacrament
,
he
offend
therein
,
he
loseth
for
every
offence
60
pound
,
one
moytie
to
the
King
,
the
other
to
the
informer
,
to
be
recovered
in
any
of
the
Kings
Courts
at
Westminster
,
or
before
the
Iudges
of
Assize
,
or
Iustices
of
the
Peace
at
their
Qu.
Sessions
by
action
of
debt
,
&c.
3.
Jac.
4.
Lam.
418.
Constables
and
Churchwardens
,
or
for
want
of
them
,
the
high
Constable
once
every
yeare
,
are
to
present
the
monethly
absence
of
Popish
Recusants
from
Church
,
with
the
names
of
the
servants
and
children
above
9
yeares
old
,
or
lose
20
shill.
for
every
offence
,
and
upon
their
conviction
to
have
40
shill.
out
of
their
goods
.
3.
Jac.
4.
Clerk
of
the
Peace
is
to
record
the
presentment
of
Constables
and
Churchwardens
for
monethly
absence
from
Church
,
without
fee
,
or
loseth
40.
shill.
Offences
upon
any
statute
for
not
going
to
Church
or
receiving
the
Sacrament
,
may
be
heard
and
be
determined
by
the
Iustices
of
Peace
at
their
Qu.
Sessions
,
as
Iustices
of
Assize
might
before
.
3.
Jac.
4.
Lam.
617.
Upon
an
enditement
for
not
coming
to
Church
,
or
not
receiving
the
Sacrament
,
Iustices
of
the
Peace
at
their
Qu.
Sessions
may
by
proclamation
command
the
indicted
to
render
his
bodie
to
the
Sheriffe
before
the
next
Qu.
Sessions
or
Assizes
,
and
in
default
of
appearance
,
then
the
same
to
be
a
sufficient
conviction
.
3.
Jac.
4.
Lam.
616.
Popish
Recusant
convicted
of
not
coming
to
Church
according
to
law
,
shall
in
Easter
or
Michaelmasse
term
next
after
the
conviction
,
pay
into
his
Majest.
receit
after
the
rate
of
20
pound
a
moneth
,
and
so
to
continue
without
any
other
enditement
,
till
he
conform
himself
;
and
in
default
of
payment
,
all
his
goods
,
and
two
parts
of
his
lands
to
be
seized
till
conformitie
,
leaving
the
mansion
house
to
the
third
part
.
3.
Jac.
4.
The
King
seizing
two
parts
may
not
let
it
to
any
Recusant
nor
for
their
use
,
and
the
lessee
must
give
security
to
the
King
,
not
to
commit
waste
.
3.
Jac.
4.
Enditements
against
Popish
Recusants
are
not
to
be
avoided
for
want
of
form
untill
conformitie
.
3.
Jac.
4.
Iustice
of
Peace
may
heare
and
determine
all
offences
against
the
statute
3.
Jac.
4.
except
treason
.
3.
Jac.
4.
Lam.
617.
Attainder
of
felonie
upon
the
statute
of
3.
Jac.
4.
of
Popish
Recusants
,
barreth
not
dower
,
nor
corrupteth
bloud
.
3.
Jac.
4.
Any
pursued
for
doing
any
thing
warranted
by
the
statute
of
3.
Jac.
4.
may
plead
the
generall
issue
,
and
give
the
speciall
matter
in
evidence
.
3.
Jac.
4.
Husband
is
not
chargeable
with
the
forfeiture
of
the
wife
upon
the
statute
of
3.
Jac.
4.
for
not
receiving
the
Sacrament
,
nor
the
wife
after
his
death
.
Popish
Recusant
convict
,
coming
to
the
court
where
the
King
or
his
heir
apparant
is
,
without
the
Kings
command
,
or
warrant
in
writing
from
the
Councell
,
loseth
100
pound
,
3.
Jac.
5.
the
one
half
to
the
prosecuter
.
Recusants
convict
or
other
forbearing
for
three
moneths
to
heare
divine
service
,
now
dwelling
in
London
or
within
10
miles
,
(
except
tradesmen
having
no
other
dwelling
)
are
to
depart
within
40
dayes
,
and
if
they
come
to
dwell
there
within
3
moneths
,
then
to
depart
within
10
dayes
after
conviction
,
and
to
deliver
their
names
to
the
Maior
of
London
or
the
next
Justice
of
the
countie
,
or
lose
100
pound
,
3.
Jac.
5.
the
moytie
to
the
prosecuter
.
Every
one
not
repairing
every
sunday
to
some
usuall
place
appointed
for
Common
prayer
,
there
to
heare
Divine
service
,
upon
conviction
within
one
moneth
after
default
,
upon
confession
or
oath
of
one
witnesse
,
one
Justice
of
Peace
may
call
the
offender
before
him
,
and
if
he
cannot
satisfie
the
Justice
by
excuse
for
his
absence
,
the
Churchwardens
by
warrant
from
the
Just.
of
Peace
,
may
levie
12
pence
for
every
default
by
distresse
and
sale
of
the
offenders
goods
;
&
in
default
of
distresse
the
Justice
may
commit
him
till
he
pay
it
,
which
is
to
be
imployed
for
the
poore
.
3.
Jac.
4.
Dal.
80.
They
which
harbour
within
their
houses
any
(
except
parents
or
others
to
whose
custodie
they
are
committed
)
or
knowing
the
same
retain
in
their
service
any
absenting
themselves
a
moneth
together
from
Church
without
reasonable
excuse
,
lose
10
pound
a
moneth
.
3.
Jac.
4.
The
King
or
five
Lords
of
the
privie
Councell
may
by
writing
under
the
hands
of
the
privie
Councell
license
a
Popish
Recusant
confined
five
miles
,
to
travell
o●…
of
his
compasse
for
such
time
as
is
contained
in
the
license
,
without
inserting
any
cause
.
3.
Jac.
5.
Popish
Recusant
confined
to
five
miles
,
informing
upon
oath
foure
Iustices
of
Peace
that
he
hath
necessarie
occasion
to
travell
further
,
and
that
he
will
make
no
causelesse
delayes
,
they
,
with
the
assent
of
the
Bishop
of
the
diocesse
,
Lieutenant
or
his
deputie
under
their
hands
and
seals
,
and
specifying
in
their
license
the
cause
and
time
of
travell
,
may
by
license
under
their
hands
and
seals
give
libertie
to
him
to
travell
forth
of
his
compasse
,
all
other
licenses
to
be
void
;
and
any
travelling
without
such
license
,
not
having
taken
such
oath
,
shall
forfeit
as
a
Recusant
convicted
by
the
statute
of
35.
El.
2.
3.
Jac.
5.
Dal.
84.
Lam.
365.
Statute
35.
El.
2.
confining
Popish
Recusants
to
certain
limits
is
hereby
confirmed
,
and
the
proviso
for
licensing
them
to
go
beyond
their
limits
is
hereby
repealed
.
3.
Jac.
5.
Popish
Recusants
convicted
,
are
not
to
practise
the
common
or
civill
law
,
nor
physick
,
nor
to
execute
any
offices
,
places
,
or
trades
belonging
to
any
of
them
,
nor
to
be
Minister
or
officer
in
any
Court
,
nor
to
have
any
place
of
command
,
or
office
in
warre
,
nor
any
office
or
charge
in
any
ship
,
castle
,
or
fortresse
of
the
Kings
,
on
pain
of
an
100
pound
,
one
moytie
to
the
King
,
the
other
to
him
that
will
sue
.
3.
Jac.
5.
Popish
Recusant
convicted
,
or
whose
wife
is
a
Popish
Recusant
,
during
recusancie
not
to
execute
any
publick
office
or
charge
in
the
Realm
.
Married
woman
being
a
Recusant
convicted
,
whose
husband
is
not
convicted
,
not
conforming
her self
according
to
law
,
forfeiteth
to
the
King
two
parts
of
her
dower
and
joynture
,
and
is
disabled
to
be
executrix
or
administratrix
to
her
husband
.
3.
Jac.
5.
Popish
Recusant
upon
conviction
is
to
be
adjudged
excommunicate
to
all
intents
,
except
in
being
able
to
sue
for
or
concerning
his
lands
and
leases
not
seised
by
the
King
.
3.
Jac.
5.
Recusant
convicted
,
married
otherwise
then
by
a
Minister
lawfully
authorised
,
and
according
to
the
orders
of
the
Church
,
is
disabled
to
be
tenant
by
courtesie
,
or
in
dower
,
or
by
jointure
,
or
to
have
widows
estate
or
frankbank
,
or
any
part
of
her
husbands
goods
;
and
marrying
any
,
by
whom
he
is
not
entituled
to
be
tenant
by
the
courtesie
,
loseth
100
pound
,
one
moytie
to
the
King
,
the
other
to
him
that
will
sue
.
3.
Jac.
5.
Childe
of
a
Popish
Recusant
,
not
baptized
according
to
the
orders
of
the
Church
within
one
moneth
after
the
birth
,
the
father
or
mother
,
if
he
die
within
the
moneth
,
loseth
100
pound
,
whereof
one
third
part
to
the
King
,
another
to
the
poore
of
the
parish
,
and
the
third
to
him
that
will
sue
.
3.
Jac.
5.
Popish
Recusant
excommunicated
,
buried
otherwise
then
according
to
the
orders
of
the
Church
,
his
executours
or
administratours
knowing
it
or
causers
of
it
,
lose
20
pound
,
one
third
part
to
the
King
,
one
third
part
to
the
poore
of
the
parish
,
and
one
third
part
to
him
that
will
sue
for
it
.
3.
Jac.
5.
Popish
Recusant
convicted
,
during
his
conviction
,
to
be
from
the
ending
of
that
parliament
disabled
to
grant
any
advo●…son
,
&c.
or
to
present
or
nominate
to
any
spirituall
living
,
the
same
to
remain
to
the
Chancellours
of
the
Universities
,
according
to
the
severall
shires
limited
in
that
statute
,
so
that
they
present
none
having
a
former
benefice
with
cure
;
if
they
do
,
the
same
to
be
void
.
3.
Jac.
5.
Penalties
upon
the
statute
of
3.
Jac.
5.
against
Recusants
to
be
recovered
in
any
his
Majesties
courts
of
record
by
action
of
debt
,
bill
,
plaint
,
or
information
,
without
●ssoin
,
protection
,
or
wager
of
law
.
3.
Jac.
5.
Married
woman
under
Baronesse
,
convicted
of
not
coming
to
Church
,
who
doth
not
within
three
moneths
after
conform
her self
,
to
be
committed
by
two
Justices
of
the
Peace
,
one
being
of
the
Quorum
,
untill
conformitie
,
unlesse
her
husband
pay
10
pound
a
moneth
to
the
King
,
or
the
third
part
of
his
lands
.
7.
Jac.
6.
The
penaltie
of
12
pence
,
and
of
20
pound
a
moneth
shall
be
both
of
them
payed
by
a
Recusant
convict
.
Dal.
104.
Cook
11.
63.
b.
Two
Justices
of
the
Peace
may
require
a
convicted
Recusant
of
small
abilitie
,
who
repaireth
not
to
the
place
of
his
dwelling
,
or
place
of
his
birth
,
there
to
notifie
himself
to
the
Minister
and
Constables
according
to
the
statute
of
35.
Elis
.
or
afterwards
remove
5
miles
from
the
same
(
if
upon
apprehension
he
conform
not
within
3
moneths
)
to
abjure
the
realm
and
assigne
him
his
time
and
haven
.
35.
El.
2.
Dal.
8.
The
form
of
the
oath
.
You
shall
swear
you
shall
depart
this
Realm
of
England
,
and
all
other
his
Majesties
dominions
,
and
that
you
shall
not
return
hither
or
come
again
into
any
of
his
Majesties
dominious
without
license
of
our
soveraigne
Lord
the
King
,
or
of
his
heirs
;
so
help
you
God
.
Dal.
107.
Stam.
119.
Every
such
Recusant
that
refuseth
to
abjure
,
or
after
abjuration
doth
not
within
the
time
appointed
go
to
such
haven
and
depart
,
or
after
such
abjuration
returneth
without
his
Majesties
speciall
license
,
in
every
such
case
shall
be
adjudged
a
felon
.
35.
El.
2.
Dal.
108.
Lam.
419.
The
Justices
of
Peace
before
whom
such
abjurations
shall
be
made
,
must
presently
cause
the
same
to
be
entred
at
the
next
generall
goal-deliverie
in
the
said
countie
.
ibid.
The
Bishop
of
the
diocesse
or
any
one
Justice
of
Peace
,
or
Minister
of
the
parish
where
such
convicted
Recusant
shall
be
,
may
require
his
submission
.
ibid.
Justices
of
Peace
at
their
Quarter
Sessions
may
require
,
heare
,
and
determine
of
all
Recusants
both
for
not
coming
to
Church
and
not
receiving
the
Sacrament
according
to
law
,
as
J.
of
Assize
and
goal-deliverie
may
do
,
and
at
the
Sessions
(
in
which
such
enditement
shall
be
taken
)
make
proclamation
to
render
their
bodies
to
the
Sheriffe
,
and
before
the
next
Quarter
Sessions
,
at
which
if
the
offender
make
not
appearance
of
record
,
it
shall
be
a
conviction
.
1.
Jac.
4.
Lam.
616.
Regratour
.
Regratour
is
he
that
buyeth
live
or
dead
victualls
,
tallow
,
or
candles
in
the
market
,
and
selleth
the
same
there
,
or
within
4
miles
.
●3
.
El.
25.
Lam.
450.
Release
.
Iustice
of
Peace
compelleth
one
of
his
own
motion
to
give
suretie
of
the
Peace
untill
a
certain
day
,
he
may
by
like
discretion
release
it
before
the
day
.
Lam.
110.
Dal.
146.
Cro.
139.
b.
Partie
bound
generally
to
keep
the
Peace
without
any
day
limited
,
it
is
for
life
,
and
no
man
can
release
it
.
Lam.
110.
Dal.
146.
Cro.
142.
b.
Recognisance
is
taken
at
the
suit
of
〈◊〉
to
keep
the
Peace
against
him
onely
,
A
may
release
it
before
the
same
Iustice
or
any
other
that
will
certifie
it
.
Lam.
110.
Dal.
147.
Cro.
139.
b.
169.
a.
That
release
being
certified
at
the
next
Quarter
Sessions
will
discharge
the
partie
bound
of
his
appearance
,
so
that
he
shall
not
be
called
upon
for
his
recognisance
.
Dal.
ibid.
Recognisance
is
taken
versus
cunctum
populum
,
praecipuè
versus
A
;
yet
A
may
release
it
before
any
Iustice
:
tamen
quaere
,
Lam.
110.
Dal.
147.
Cro.
142.
b.
Recognisance
is
taken
by
discretion
or
upon
suit
,
the
King
cannot
release
or
pardon
it
before
forfeiture
.
Lam.
111.
Dal.
147.
Cro.
140.
b.
141.
a.
The
Peace
being
released
,
the
recognisance
must
not
be
cancelled
,
but
certified
at
the
Sessions
with
the
release
,
lest
peradventure
the
Peace
was
broken
before
the
release
made
.
Lam.
111.
Dal.
144.
Cro.
1.
Whether
the
good
abearing
taken
upon
complaint
may
be
released
by
any
speciall
person
,
quaere
,
Lam
133.
Dal.
163.
Neither
the
Iustice
of
the
Peace
nor
the
partie
can
discharge
the
recognisance
of
the
Peace
by
the
release
out
of
the
Sessions
;
for
first
the
recognisance
is
made
by
the
King
,
and
therefore
none
but
the
King
can
release
or
discharge
it
.
Secondly
,
the
recognisance
is
taken
for
the
parties
appearance
,
and
the
release
cannot
discharge
the
appearance
.
Dal.
175.
The
appearance
is
requisite
,
notwithstanding
any
release
made
;
first
,
for
the
safetie
of
the
recognisance
;
secondly
,
that
others
may
object
in
open
Sessions
,
if
he
have
broken
the
Peace
,
that
he
may
be
endited
thereupon
.
Dal.
176.
F.
contra
Comp.
139.
b.
If
the
Iustices
of
Peace
at
the
Sessions
do
certifie
the
release
,
by
this
the
obliged
is
discharged
,
and
shall
not
be
called
upon
for
his
recognisance
,
nor
his
default
recorded
;
for
the
principall
cause
of
the
recognisance
was
the
keeping
of
the
Peace
,
the
which
is
discharged
by
the
release
which
is
certified
at
the
Sessions
,
and
then
the
appearance
is
but
accessarie
to
the
same
,
and
the
intent
is
onely
that
then
he
should
finde
new
suretie
if
the
partie
will
not
release
:
and
this
is
the
common
usage
.
Vide
plus
Recognisance
,
&
Forfeiture
.
Religious
houses
.
The
owner
of
the
site
of
a
religious
house
dissolved
,
must
keep
a
continuall
house
there
,
or
lose
20
nobles
a
moneth
,
to
be
enquired
of
at
the
Quarter
Sessions
.
27.
H.
8.
22.
5.
El.
2.
Lam.
471.
Replevin
,
vide
Bailment
.
Rescous
of
a
Felon
.
Rescous
is
to
help
a
prisoner
to
get
away
;
and
if
it
be
a
felon
,
it
is
felonie
.
Lam.
229.
Dal.
238
,
239.
Rescous
of
a
felon
before
arrest
is
no
felonie
,
otherwise
after
arrest
.
Lam.
230.
Dal.
229.
Quaere
.
Rescuing
a
prisoner
going
to
the
gallows
,
is
felonie
.
Dal.
229.
A
warrant
being
granted
by
a
Iustice
of
the
Peace
for
unlawfull
hunting
of
deer
or
conies
,
to
make
rescous
thereupon
,
is
felonie
.
Dal.
57.
Rescous
against
an
officer
or
person
authorised
to
execute
the
statute
of
39.
El.
4.
loseth
5
pound
,
and
is
to
be
bound
to
his
good
behaviour
.
Dal.
101.
Restitution
of
Possession
.
None
shall
have
restitution
but
such
as
are
put
out
of
house
or
land
.
Dal.
171.
183.
Cro.
162.
b.
Lam.
153.
If
it
be
found
upon
enquirie
that
any
have
entred
or
held
with
force
,
contrarie
to
the
statute
8.
H.
6.
9.
the
Iustice
of
Peace
may
reseise
and
put
the
partie
so
put
out
in
full
possession
.
Dal.
182.
Cro.
161.
b.
The
Iustice
of
Peace
needeth
not
to
stay
or
stand
upon
the
right
or
title
of
either
partie
.
Dal.
183.
Cro.
161.
b.
164.
a.
No
restitution
is
to
be
made
where
there
was
onely
a
possession
in
law
.
Lam.
153.
In
a
restitution
it
is
not
enough
that
the
putting
out
be
found
,
unlesse
the
enditement
do
also
contain
in
it
adhuc
extra
tenet
.
Dal.
183.
Cro.
163.
b.
Lam.
153.
Restitution
ought
to
be
made
to
none
other
then
the
partie
put
out
.
Dal.
183.
Cro.
162.
b.
Dal.
183.
Lam.
153.
After
the
entring
or
detaining
with
force
found
,
the
Iustice
of
Peace
may
by
himself
or
precept
to
the
Sheriffe
under
the
test
of
himself
alone
restore
the
partie
grieved
to
his
possession
.
Dal.
185.
Lam.
156.
None
can
make
restitution
but
they
before
whom
the
enditement
is
found
,
but
the
Justices
of
the
Kings
Bench
,
either
upon
certificate
made
by
the
J.
of
P.
before
whom
it
was
found
of
the
presentment
,
or
if
the
said
presentment
or
enditement
be
removed
by
Certiorari
.
Dalt.
185.
Lam.
157
,
158.
If
the
Sheriffe
return
upon
a
precept
or
writ
of
restitution
that
he
cannot
make
restitution
for
resistance
,
he
shall
be
amerced
,
for
he
may
take
the
power
of
the
county
.
Dalt
.
185.
Lam.
157.
Cro.
163.
b.
Justice
of
Peace
before
whom
the
presentment
was
made
,
dieth
before
restitution
;
quaere
,
whether
the
Justices
at
the
Sessions
can
award
it
.
Lam.
155.
Justices
of
Peace
ought
not
to
award
restituion
where
the
enditement
is
sufficient
in
law
,
either
in
matter
or
form
.
Dalt
.
183.
In
the
enditement
1.
not
onely
an
entrie
must
be
,
but
also
a
putting
out
:
2.
the
enditement
must
expresse
the
qualitie
of
the
thing
,
(
viz.
)
whether
it
be
messuage
,
cottage
,
medow
,
pasture
,
wood
,
or
land
arable
:
3.
it
must
say
Et
adhuc
extratenent
:
4.
Expulerunt
&
adhuc
extratenent
:
5.
one
of
these
two
words
manu
forti
,
or
cum
multitudine
.
Dalt.
183.
Cro.
169.
b.
Lam.
153.
If
errour
or
insufficiencie
be
in
the
enditement
taken
before
Justices
of
Peace
,
&
restitution
awarded
,
any
two
Justices
of
those
that
were
present
at
the
taking
thereof
may
at
another
Sessions
,
or
without
Sessions
grant
a
supersedeas
if
the
Sheriffe
have
not
made
restitution
before
.
Dalt
.
184.
Cro.
162.
a.
If
restitution
be
made
by
Iustice
upon
insufficient
enditement
,
and
it
be
removed
into
the
Kings
Bench
,
the
court
will
restore
the
partie
put
out
by
the
Iustice
of
Peace
.
Dalt
.
183
,
184.
Cro.
168.
a.
1.
No
restitution
upon
an
enditement
to
be
made
,
if
the
party
endited
hath
had
the
occupation
or
been
in
quiet
possession
three
yeares
together
next
before
the
day
of
the
enditement
found
,
and
his
estate
not
ended
,
which
the
partie
may
alledge
for
stay
of
restitution
,
untill
it
be
tried
,
if
the
other
will
traverse
or
denie
the
same
.
31.
Elis
.
cap.
11.
Dal.
188.
2
Certiorari
.
3
A
traverse
:
quaere
,
Lam.
158.
4
Insufficiencie
of
the
enditement
.
5
Insufficiencie
of
the
Iurours
not
having
40
shill.
land
by
the
yeare
.
Quaere
.
Iustice
of
Peace
,
upon
enditement
found
,
may
give
restitution
as
formerly
to
free-holders
,
to
tenants
for
yeares
by
copie
of
court
,
guardians
in
Knights
service
,
tenants
by
elegit
stat.
merchants
or
staple
.
21.
Jac.
15.
Dal.
201.
Restitution
of
stollen
goods
.
He
that
hath
goods
stollen
,
if
the
felon
be
thereof
endited
and
arraigned
,
and
found
guiltie
thereof
,
or
otherwise
attainted
by
reason
of
evidence
:
given
by
the
partie
robbed
,
or
the
owner
of
the
goods
,
or
other
by
their
procurement
,
then
the
goods
shall
be
restored
though
they
never
made
fresh
suit
.
Dalt
.
And
the
Iustices
have
power
to
award
writs
of
restitution
.
21.
H.
8.
11.
Lam.
586.
Dal.
262.
Cro.
191.
a.
Executours
shall
have
restitution
after
attainder
or
conviction
upon
evidence
by
their
means
given
.
Dalt
.
262.
Three
are
robbed
,
restitution
shall
be
onely
to
such
for
whose
goods
the
felon
was
endited
.
Dalt
.
263.
Cro.
191.
a.
A
felon
stealeth
from
feverall
men
,
is
attainted
onely
at
the
suit
of
one
;
the
King
shall
have
the
goods
of
those
,
at
whose
suit
he
was
not
attainted
.
Dal.
263.
There
be
divers
theeves
,
and
onely
one
principall
is
attainted
,
the
robbed
shall
have
restitution
.
Dal.
263.
If
the
felon
sold
the
stollen
goods
in
market
overt
,
or
in
a
fair
,
no
restitution
,
except
he
that
bought
them
were
privy
to
the
felony
.
ib.
Cro.
191.
a
No
restitution
of
stollen
goods
,
if
he
know
not
the
felon
.
Dal.
263.
No
restitution
if
the
felon
leaveth
the
goods
and
escapeth
,
and
the
Lord
of
the
manour
seiseth
them
.
Dal.
263.
If
the
felon
had
not
the
goods
in
his
possession
when
he
fled
,
but
left
them
elswhere
,
they
are
not
waived
,
but
the
owner
may
take
them
wheresoever
he
findeth
them
.
Dal.
263.
Cook
5.
Return
.
Recognisance
taken
upon
supersedeas
ought
to
be
returned
at
the
next
Qu.
Sessions
.
Supplicavit
is
to
be
returned
into
the
court
whence
it
came
.
Lam.
107
Return
of
a
recognisance
upon
a
supplicavit
,
is
not
of
necessitie
till
Certiorari
.
Lam.
109.
Return
of
Iurours
,
vide
Iurours
.
Vide
Recognisance
,
&
Release
,
&
Certificate
.
Riots
.
Riot
is
where
three
or
more
persons
be
disorderly
assembled
to
commit
with
force
any
unlawfull
act
,
and
do
accordingly
execute
or
attempt
the
same
.
Lam.
176.
Dal.
192.
Cro.
61.
a.
What
assemblies
shall
not
be
said
a
Riot
.
1.
Sheriffe
or
Bailiffe
leavie
people
to
serve
the
Kings
writs
.
Lam.
178.
Dal.
192.
2.
Constable
gathereth
assistance
of
men
with
weapons
to
part
an
affray
.
Lam.
178.
3
A
man
threarened
to
be
beaten
in
his
house
.
assembleth
company
with
force
or
otherwise
,
or
threatened
to
be
beat
as
he
goeth
to
market
.
Lam.
179.
Dal.
194.
Cro.
69.
a.
4.
Many
assemble
together
,
and
they
know
not
to
what
end
.
Lam.
179.
Dal.
192.
Cro.
61.
b.
5.
Many
assemble
at
a
Church-ale
or
at
a
Christmasse
dinner
,
and
they
suddenly
fall
out
and
fight
.
Lam.
179.
Dal.
maketh
quaere
,
193.
6.
A
number
of
women
and
children
under
the
age
of
discretion
stock
together
for
their
own
cause
,
unlesse
moved
by
a
man
of
discretion
to
do
some
unlawfull
act
.
Lam.
180.
Dalt
.
196.
7.
To
gather
meer
company
to
carry
away
a
piece
of
timber
which
will
not
be
moved
without
a
good
many
,
whereto
I
pretend
right
,
though
in
law
it
be
anothers
,
Lam.
178.
yet
if
he
use
threatening
words
,
as
to
say
he
will
have
it
in
spight
of
the
other
,
or
though
he
die
for
it
,
his
doing
may
then
become
a
riot
.
ibid.
Dalt.
195.
8.
To
meet
to
drink
at
an
alehouse
,
to
play
at
football
,
bucklers
,
bear
,
or
bul-baiting
,
dancing
,
bowls
,
cards
or
dice
,
or
such
like
disports
.
Dalt
.
193.
Cro.
61.
b.
Lam.
178.
9.
To
use
harnesse
on
Midsummer
day
at
night
in
London
,
or
on
May-day
in
the
counney
.
Lam.
178.
Dalt
.
193.
Cro.
64.
b.
The
master
intending
a
riot
,
taketh
with
him
his
ordinary
servants
who
know
not
his
intent
;
it
is
no
riot
in
the
servants
.
Lam.
179.
Dalt
.
192.
Cro.
61.
b.
62.
a.
A
Iurie
falleth
out
and
fighteth
,
it
is
no
riot
.
Dal.
192.
Lam.
180.
If
any
assemble
for
any
disports
,
as
aforesaid
,
with
intent
to
break
the
Peace
,
and
make
an
affray
,
or
do
other
outrage
,
it
seemeth
to
be
a
riot
in
so
many
as
come
with
such
intent
.
Dalt
.
193.
Quaere
if
falling
out
suddenly
at
such
a
meeting
,
and
then
falling
to
take
parts
,
be
a
riot
,
Dalt
.
193.
But
if
by
agreement
they
meet
again
and
fight
,
it
is
a
riot
.
ibidem
.
Vide
Crom.
61.
b.
Dalt
.
218.
It
can
be
no
riot
,
except
there
be
an
intent
precedent
to
do
some
unlawfull
act
with
force
.
Dal.
192.
Cro.
61.
a.
Yet
if
a
man
go
to
Sessions
or
market
with
his
servants
in
harnesse
,
though
there
be
no
intent
to
commit
a
riot
,
yet
the
manner
maketh
a
riot
.
Cro.
61.
a.
Vide
2.
E.
3.
cap.
4.
Dalt
.
195.
What
one
J.
of
P.
is
to
do
in
case
of
Riots
.
He
may
prevent
a
riot
before
it
be
done
,
or
stay
it
in
the
doing
,
and
in
the
doing
may
take
and
imprison
the
rioters
,
and
binde
them
to
their
good
behaviour
.
Dalt
.
84.
A
riot
being
done
,
Iustices
of
Peace
can
neither
record
the
riot
,
nor
make
enquirie
,
nor
assesse
the
fine
,
nor
award
processe
,
nor
meddle
with
it
,
but
onely
as
a
trespasse
against
the
Peace
.
Dalt
.
84.
Lam.
181.
Iustices
of
Peace
sitting
in
a
judiciall
place
,
and
seeing
a
riot
,
may
command
them
to
be
arrested
,
and
recorded
,
and
it
concludeth
the
offenders
,
Dal.
84.
But
a
Iustice
of
Peace
in
another
place
seeing
a
riot
,
and
recording
it
,
the
parties
may
traverse
it
.
ibid.
Cro.
65.
a.
Every
Iustice
of
Peace
being
of
and
in
the
countie
,
having
notice
of
any
riot
,
ought
to
execute
the
statute
13.
H.
4.
7.
viz.
that
the
rioters
be
arrested
,
&c.
and
removed
,
otherwise
the
next
Iustices
forfeit
100
pounds
apiece
,
and
every
other
Iustice
in
whom
there
shall
be
default
,
fineable
in
the
Starre-chamber
.
Dal.
84
,
85.
Cro.
124.
a.
One
Iustice
of
Peace
may
arrest
rioters
,
enforce
them
to
finde
sureties
for
the
Peace
or
good
behaviour
,
or
in
default
commit
them
to
prison
.
Dal.
84
,
85
,
87.
Cro.
157.
b.
Lam.
181.
A
Iustice
of
Peace
not
finding
the
rioters
come
to
the
place
,
may
leave
his
servants
to
restrain
the
rioters
when
they
come
;
or
else
arrest
them
if
they
offer
to
break
the
Peace
.
Dal.
85.
Lam.
181.
If
the
Iustice
of
Peace
be
sick
,
he
may
send
his
servant
to
represse
a
riot
,
or
to
arrest
such
offenders
,
and
bring
them
before
him
to
finde
sureties
for
the
Peace
,
and
his
command
by
word
is
sufficient
.
Dal.
85.
Cro.
64.
a.
148.
b.
One
Iustice
of
Peace
may
cause
all
statutes
for
suppressing
of
riots
to
be
put
in
execution
.
Dal.
85.
If
the
riot
be
notorious
,
it
is
not
safe
to
stay
complaint
or
information
.
What
two
Just.
of
Peace
may
do
in
a
riot
.
They
ought
to
send
for
the
Sheriffe
or
Undersheriffe
,
if
none
of
them
come
,
Dal.
86.
Lam.
327.
If
one
or
two
next
Iustices
do
come
,
and
not
the
Sheriffe
or
Under-sheriffe
,
each
as
come
shall
be
excused
of
their
fine
of
100
pound
.
Dal.
86.
Lam.
327.
Cro.
63.
b.
If
one
Iustice
of
Peace
in
the
countie
shall
execute
the
statute
of
13.
H.
4.
7.
it
shall
excuse
the
next
Iustices
.
Dal.
86.
Lam.
326
,
327.
Two
Iustices
of
Peace
present
without
the
Sheriffe
,
are
fineable
if
they
do
not
all
which
by
the
statute
of
13.
H.
4.
7.
ought
to
be
done
.
Dal.
86.
Cr.
63
The
particulars
which
the
two
next
Justices
of
Peace
with
the
Sheriffe
or
Vnder-sheriffe
must
do
upon
the
statute
of
13.
H.
4.
7.
Dal.
88.
1
They
must
go
to
the
place
where
the
riot
is
.
Dal.
88.
2
They
shall
take
the
power
of
the
county
(
viz.
)
all
above
15
yeares
of
age
,
under
the
degree
of
Barons
,
upon
pain
of
imprisonment
,
fine
,
and
ransome
.
Dal.
88.
Cro.
157.
Lam.
314
,
315.
It
is
good
to
raise
the
power
of
the
countie
with
certain
information
(
though
it
be
false
and
excused
)
or
without
information
,
if
when
they
come
they
finde
one
.
88
,
89.
Cro.
64.
b.
Lam.
315
,
316.
3
They
shall
arrest
all
such
offenders
,
or
cause
them
to
be
arrested
,
bring
the
force
,
commit
to
prison
the
rioters
,
and
take
away
their
weapons
.
Dalt
.
89.
Lam.
326
,
327.
And
all
such
as
come
into
the
companie
,
if
they
be
present
,
shall
be
arrested
,
imprisoned
,
and
fined
,
as
it
seemeth
.
Dal.
ibid.
Such
as
they
meet
coming
from
the
place
riotously
arayed
,
they
may
arrest
and
imprison
,
but
cannot
record
any
riot
done
by
them
,
but
after
enquiry
may
fine
them
.
Dal.
89.
Cro.
63.
a.
Lam.
316.
The
Iustices
see
the
riot
committed
,
and
the
rioters
escape
;
they
must
record
them
,
and
cannot
arrest
them
but
upon
fresh
suit
,
which
record
must
be
sent
into
the
Kings
Bench
,
that
processe
may
come
from
thence
.
Dal.
80.
Lam.
318.
The
Iustices
may
grant
a
warrant
for
such
as
they
saw
escaping
,
to
be
bound
to
the
good
behaviour
.
Dalt
.
81.
Cro.
196.
a.
And
so
they
may
do
upon
information
,
but
it
is
best
to
do
it
upon
enquirie
,
and
so
to
fine
them
.
Dalt
.
90.
In
execution
of
the
said
arrest
of
rioters
,
the
Iustices
may
justifie
the
beating
,
wounding
,
or
killing
of
any
the
rioters
which
resist
or
will
not
yeeld
.
Dalt
.
90.
Cro.
62.
b.
158.
b.
Lam.
316.
4.
After
arrest
the
Iustice
,
Sheriffe
,
or
Undersheriffe
shall
record
the
riot
in
writing
(
viz.
)
all
that
shall
be
done
in
their
presence
against
law
,
which
ought
to
be
formall
and
certain
,
as
time
,
place
,
number
,
weapons
,
manner
,
&c.
Dalt
.
90.
Cro.
63.
a.
Lam.
316
,
317.
The
form
of
the
record
,
vide
Dalt
.
Lam.
220.
If
in
going
to
see
a
riot
,
another
riot
happen
in
their
presence
,
they
may
record
it
,
arrest
and
imprison
the
offenders
.
Dalt
.
90.
Lam.
318.
If
the
rioters
make
a
riot
upon
the
Iustices
,
they
may
record
it
also
.
Dalt
.
90.
Iustice
records
a
riot
,
and
upon
examination
it
appears
no
riot
,
or
saw
it
not
,
or
there
was
no
riot
,
yet
the
parties
are
concluded
.
Dalt
.
90.
Cro.
63.
a.
65.
a.
130.
a.
Lam.
317.
The
Iustices
are
presently
to
commit
rioters
to
the
goal
,
and
the
power
of
the
countie
ought
to
be
aiding
to
the
Sheriffe
or
Under-sheriffe
.
Dalt
.
91.
None
may
commit
the
rioters
but
the
Iustices
who
had
the
view
.
ibid.
If
the
Iustice
,
Sheriffe
,
or
Under-sheriffe
commit
to
prison
the
offenders
,
and
do
not
record
the
riot
,
every
of
them
loseth
100
pound
.
Dalt
.
91.
Cro.
61.
b.
The
said
Justice
and
none
other
shall
assesse
the
fine
upon
the
offenders
,
which
by
the
statute
of
1.
H.
5.
8.
ought
to
be
of
good
value
,
that
thereout
the
charges
of
the
Justice
and
other
officers
may
be
born
,
yet
must
be
reasonable
and
just
.
Dal.
91.
Cro.
61.
a.
Lam.
317.
The
fines
must
be
imposed
upon
every
offendor
severally
.
Dal.
91.
The
sine
must
be
estreated
into
the
Exchequer
,
Dal.
91.
and
then
to
deliver
the
offender
as
it
seemeth
.
ibid.
The
J.
as
it
seemeth
,
may
out
of
the
fines
pay
the
charges
of
the
said
Iustice
,
and
of
the
Iurie
who
made
the
enquirie
for
their
diet
and
the
Sheriffes
fees
;
and
the
Iustices
Clerk
who
maketh
up
the
record
,
may
have
his
fees
out
of
that
money
,
or
rather
may
take
of
every
offender
12
pence
when
they
pay
their
fines
.
Dal.
117
,
118.
Or
the
Iustice
may
record
the
riot
,
commit
the
offender
,
and
after
certifie
the
record
to
the
Assizes
,
Sessions
,
or
Kings
Bench.
Dal.
91
,
92.
The
record
may
be
delivered
at
the
Sessions
to
the
Clerk
of
the
Peace
,
together
with
the
residue
of
the
money
remaining
of
the
fine
.
Dal.
118.
Where
Iustices
of
Peace
are
remisse
in
punishing
the
rioters
,
the
Lords
in
the
Starchamber
may
and
do
after
assesse
greater
fines
for
the
same
riot
.
Dal.
94.
Cro.
63.
a.
If
the
riot
was
not
committed
in
the
presence
of
the
Iustice
,
or
the
rioters
gone
before
their
coming
,
two
Iustices
at
least
within
one
moneth
next
after
must
enquire
thereof
by
a
Iurie
returned
by
the
Sheriffe
,
and
record
the
riot
being
found
,
which
is
to
remain
with
one
of
the
said
Iustices
.
Dal.
92.
Cro.
124.
a.
Lam.
321.
The
form
of
such
enquirie
,
vide
Dal.
9.
Lam.
329.
Enquirie
shall
not
be
unlesse
the
rioters
be
gone
.
Dal.
92.
It
is
not
necessarie
that
one
of
the
Justices
of
Peace
be
of
the
Quorum
.
Dal.
92.
Cro.
62.
b.
The
enquirie
may
be
made
at
any
time
after
the
moneth
;
but
if
it
be
not
within
the
moneth
,
the
Justices
are
in
danger
to
lose
100
pound
:
yet
if
the
Jurie
be
charged
within
the
moneth
,
and
have
day
after
to
give
up
the
verdict
,
the
statute
is
not
broken
.
Dal.
92.
Lam.
322.
At
the
enquirie
the
Sheriffe
or
Under-sheriffe
must
be
present
,
but
then
as
ministers
onely
.
Dal.
92.
Lam.
321.
The
Justices
assembled
to
enquire
within
the
moneth
,
the
parties
agree
,
and
the
Justices
dismisse
thereupon
the
Jurie
,
the
Justices
shall
be
fined
though
none
will
sollicite
the
Inquest
or
give
evidence
to
the
Jurie
;
for
the
Justices
ought
to
proceed
ex
officio
,
seeing
some
of
the
Jurie
may
have
knowledge
of
the
riot
,
and
they
ought
to
make
proclamation
if
any
will
give
evidence
.
Dal.
92
,
93.
Lam.
322.
If
at
the
parties
request
the
J.
dismisse
the
Jurie
without
enquirie
,
they
are
fineable
in
the
Star-chamber
to
the
King
.
Dal.
93.
P.
R.
29.
The
I.
may
binde
to
the
good
behaviour
the
parties
complaining
of
the
riot
,
who
caused
them
to
meet
and
will
not
prosecute
for
the
King
,
but
have
agreed
it
.
Dalt
.
93.
Though
the
Iustices
go
not
to
see
the
riot
,
yet
they
may
enquire
within
a
moneth
after
.
Lamb.
321.
After
enquirie
had
and
the
riot
found
,
the
Iustices
have
power
to
heare
and
determine
the
same
(
viz.
)
first
to
make
out
processe
against
the
offender
under
their
own
test
.
Secondly
,
to
assesse
the
fine
.
Thirdly
,
to
commit
till
they
have
payed
the
fine
.
Fourthly
,
to
deliver
them
after
payment
of
their
fine
or
sureties
taken
by
recognisance
,
receive
their
traverse
,
if
the
matter
will
serve
,
and
dismisse
them
.
Dal.
93.
Lam.
323.
But
the
Iustices
should
send
such
enditement
or
inquisition
to
the
next
Quarter
Sessions
or
into
the
Kings
Bench
together
with
the
said
traverse
there
to
be
tried
.
Dal.
93.
If
the
riot
upon
enquirie
cannot
be
found
,
the
Iustices
and
Sheriffe
must
certifie
into
the
Star-chamber
,
or
Councell
board
,
or
Kings
Bench
,
the
whole
fact
and
circumstance
,
with
the
names
of
the
offenders
,
&c.
Dal.
94.
Lam.
323
,
324.
The
certificate
must
be
made
with
in
a
moneth
after
the
enquirie
,
or
else
it
is
of
no
force
.
Dal.
95.
Lam.
324.
Though
two
Iustices
with
the
Sheriffe
see
the
riot
,
yet
two
other
Iustices
may
make
the
enquirie
,
and
they
all
together
,
or
the
first
two
,
or
last
two
,
with
the
Sheriffe
or
Under-Sheriffe
,
may
make
the
certificate
.
Dal.
95.
Lam.
325.
Where
the
severall
certificates
be
made
,
or
certificate
and
enquirie
do
disagree
,
the
best
for
the
King
shall
be
preferred
.
Dal.
95.
Lam.
325.
If
the
Iurie
finde
but
some
guiltie
,
the
Iustices
may
certifie
the
rest
.
Dal.
95.
Lam.
325.
Any
materiall
thing
left
out
in
the
inquisition
,
may
be
omitted
in
the
certificate
.
Dal.
95.
Quaere
if
after
enquirie
and
before
certificate
the
Sheriffe
die
,
or
one
of
the
Iustices
be
put
out
of
Commission
,
whether
certificate
be
void
.
Dal.
95.
Vide
Lam.
326.
Upon
the
certificate
of
two
Iustices
and
the
Sheriffe
,
the
Lord
Chancellour
may
grant
a
Capias
to
attach
the
offenders
.
Dal.
95
,
96.
Lam.
318.
Upon
default
of
the
Iustices
and
Sheriffe
in
not
executing
the
statute
13.
H.
4.
7.
the
partie
grieved
may
have
a
Commission
to
enquire
of
the
riot
,
as
also
of
the
Iustices
and
Sheriffes
default
.
Dal.
95.
Rivers
.
Every
Iustice
of
Peace
is
a
conservatour
of
rivers
within
his
countie
,
and
may
survey
the
weares
in
rivers
that
they
be
of
reasonable
widenesse
.
Lam.
189.
Rogues
.
All
persons
here
under
mentioned
,
being
above
the
age
of
7
yeares
,
may
be
punished
as
rogues
.
Dal.
97.
39.
El.
4.
1
All
going
about
begging
about
any
pretence
or
colour
,
though
licensed
by
any
subject
,
except
in
some
particular
cases
after
mentioned
.
Dal.
ibid.
Lam.
442.
2
All
going
about
the
countrey
using
any
subtile
craft
or
unlawfull
games
,
as
fortune-tellers
,
juglers
.
ibid.
3
All
projectours
,
patent-gatherers
,
or
collectours
for
prisons
and
hospitalls
.
ibid.
442.
4
All
fencers
,
bearwards
,
common
players
of
interludes
,
and
minstrels
wandring
abroad
.
ibid.
Lam.
443.
1.
Jac.
7.
5
All
pedlers
,
pettie
chapmen
,
tinkers
,
and
glassemen
wandring
abroad
.
1.
Jac.
17.
Dal.
ibid.
Lam.
443.
6
All
wandring
labourers
able
in
bodie
,
refusing
to
work
for
reasonable
wages
,
having
nothing
but
labour
to
maintain
themselves
.
Dal.
ibid.
Lam.
443.
But
such
as
are
of
any
parish
,
able
to
work
for
the
usuall
wages
taxed
in
those
parts
,
are
to
be
sent
to
the
house
of
correction
.
Dal.
ibid.
7
Poore
of
the
parish
begging
otherwise
then
is
appointed
them
,
or
begging
by
high-wayes
,
ibid.
are
to
be
sent
to
the
house
of
correction
.
8
All
pretending
to
be
Egyptians
,
not
being
felons
.
Dal.
ibid.
Lam.
443.
9
Souldiers
or
mariners
that
begge
,
except
souldiers
or
mariners
having
a
testimoniall
from
a
Iustice
of
Peace
neare
the
place
of
their
landing
,
with
the
place
of
their
dwelling
or
birth
to
which
they
are
to
passe
,
and
a
convenient
time
limited
for
their
travell
,
and
pursuing
the
said
license
,
39.
Elis.
4.
or
do
counterfeit
any
certificate
from
their
Generall
,
Governour
,
Captain
,
Lieutenant
,
Marshall
,
Deputie
,
or
Admicall
.
Dal.
97.
10
Diseased
persons
travelling
to
the
baths
and
licensed
,
if
they
beg
,
or
not
licensed
by
two
Iustices
,
or
not
returning
as
they
are
limited
.
Dal.
97
,
98.
Lam.
443.
11
A
rogue
once
whipped
,
not
performing
the
order
appointed
by
his
testimoniall
.
Dal.
98.
12
A
rogue
going
with
a
generall
pasport
,
not
directed
from
parish
to
parish
,
Dal.
ibid.
So
a
rogue
carrying
his
own
pasport
without
a
guide
.
Dal.
98.
13
Servant
departing
out
of
service
without
testimoniall
,
5.
El.
4.
or
taken
with
counterfeited
testimoniall
.
Dal.
98.
14
Persons
infected
with
the
plague
,
going
abroad
contrary
to
order
.
1.
Jac.
31.
Dal.
ibid.
15
Persons
able
to
labour
and
relieve
themselves
and
families
,
that
runne
away
or
threaten
to
runne
away
and
leave
their
charge
to
the
parish
.
7.
Jac.
4.
Dal.
98.
16
Any
calling
himself
a
scholar
,
that
hath
gone
about
begging
.
Lam.
443.
17
Any
pretending
losse
by
fire
or
otherwise
,
that
wandring
beggeth
.
Lam.
443.
18
Any
delivered
out
of
goal
,
that
hath
begged
for
fee
.
Lam.
443.
Any
Justice
of
Peace
may
appoint
any
person
to
be
openly
whipped
naked
,
even
unto
bleeding
,
that
shall
be
taken
begging
,
wandring
,
or
misordering
himself
,
and
is
declared
by
the
statute
,
39.
Elis.
4.
to
be
a
rogue
,
vagabond
,
or
sturdie
begger
,
and
shall
cause
him
so
whipped
to
be
sent
from
parish
to
parish
by
the
officers
of
the
same
,
the
next
way
to
the
parish
where
such
person
was
born
,
if
it
can
be
known
;
if
not
,
to
the
parish
where
such
rogue
last
dwelt
before
the
punishment
by
the
space
of
a
yeare
,
there
to
labour
;
or
not
being
known
where
he
was
born
or
dwelt
,
then
to
the
parish
through
which
he
last
passed
without
such
punishment
,
to
whom
the
Justice
shall
under
his
hand
and
seal
make
a
testimoniall
witnessing
his
punishment
,
day
and
place
thereof
,
and
whither
he
is
limited
to
travell
,
and
by
what
time
.
And
in
case
such
place
of
birth
and
last
dwelling
be
not
found
nor
known
,
then
such
person
shall
by
the
officer
of
such
village
through
which
he
last
passed
without
punishment
,
be
conveyed
to
the
house
of
correction
of
the
limit
,
or
to
the
common
goal
,
39.
Elis.
4.
there
to
remain
untill
such
person
be
placed
in
service
for
one
yeares
continuance
,
or
not
being
able
of
bodie
,
till
such
person
be
placed
in
some
almes-house
of
that
place
or
countie
.
Lam.
204
,
205.
He
is
an
incorrigible
rogue
that
misreports
the
place
of
his
birth
,
and
is
to
be
sent
to
the
house
of
correction
in
the
countie
to
which
he
is
sent
;
and
if
there
be
none
there
,
then
to
the
goal
untill
the
next
Sessions
:
so
if
he
misreport
the
place
of
his
last
dwelling
by
the
space
of
a
yeare
,
if
it
appeare
not
where
he
was
born
.
Lam.
207.
Res
.
12.
Dal.
98.
Husband
and
wife
having
an
house
,
rogue
about
,
they
must
be
sent
to
the
town
where
that
house
is
;
and
so
of
an
inmate
.
Lam.
207.
Res
.
3.
Dal.
98.
Wife
,
and
children
under
7
yeares
being
vagrant
are
to
be
placed
with
the
husband
;
if
the
husband
be
dead
,
then
where
they
were
born
or
dwelt
last
,
Lam.
227.
Res.
4
,
9
,
10.
Dal.
98.
Children
vagrant
above
three
yeares
old
must
be
sent
to
the
place
of
their
birth
.
ibid.
Dal.
98.
Vagrant
persons
and
parents
,
with
their
children
under
7
yeares
of
age
,
being
once
placed
at
the
place
of
birth
of
their
parents
or
last
dwelling
,
the
parents
dying
after
or
running
away
,
the
children
once
settled
must
still
remain
there
.
ibid.
Dal.
98.
Wife
vagrant
is
to
be
sent
to
her
husband
,
though
he
be
but
a
servant
.
Lam.
208.
Res
.
5.
Dal.
98.
Rogue
,
whose
place
of
birth
or
dwelling
cannot
be
known
,
hath
wife
and
children
under
7
yeares
of
age
,
they
must
be
sent
with
the
husband
to
the
place
where
they
were
last
suffered
to
passe
unpunished
,
and
the
children
must
be
relieved
by
the
work
of
the
parents
,
though
the
parents
be
sent
to
the
house
of
correction
.
Lam.
208.
Res.
6.
Rogue
sent
to
a
town
,
and
refused
by
the
Churchwardens
and
Overseers
to
whom
he
is
to
be
offered
,
is
a
forfeiture
of
5
pound
in
the
refuser
.
Lam.
210.
Res.
12
,
14.
Dal.
101.
Rogue
sent
from
the
place
where
he
is
taken
,
by
a
generall
pasport
,
without
conveying
him
from
parish
to
parish
,
is
a
let
in
the
taming
of
rogues
,
and
a
forfeiture
of
5
pound
.
Lam.
210.
Res
.
13.
Dal.
101.
Rogue
going
with
such
a
pasport
,
continuing
a
rogue
,
is
to
be
punished
by
whipping
.
ibid.
By
parents
is
to
be
understood
father
or
grandfather
,
mother
or
grandmother
,
being
able
persons
.
Lam.
210.
Res.
16.
By
children
,
any
childe
or
grandchilde
being
unable
.
Lam.
210.
Res.
15.
Diseased
person
soliving
of
almes
,
and
travellers
to
Bath
or
Buxton
for
remedie
,
are
to
be
licenfed
thereto
by
two
Iustices
of
Peace
,
39.
Elis
.
4.
Lam.
532.
yet
may
not
beg
,
but
must
be
provided
of
maintenance
for
their
travell
.
Dal.
100
97
,
98.
Forfeiture
of
offences
against
the
statute
39.
El
4.
upon
conviction
or
confession
by
two
witnesses
before
two
Iustices
of
Peace
,
may
cause
the
same
to
be
levied
by
warrant
under
their
hands
and
seals
,
by
distresse
and
sale
of
the
offenders
goods
.
39.
El.
4.
Lam.
331.
All
questions
growing
upon
the
statute
of
rogues
,
may
be
heard
and
determined
by
two
Justices
of
Peace
,
39.
Elis
.
4.
Lam.
359.
whereof
one
of
the
Quorum
.
Dal.
103.
Constable
or
tithing-man
not
doing
his
endeavour
to
apprehend
rogues
within
their
limits
,
or
wilfully
suffering
them
to
escape
unpunished
,
forfeiteth
20
shill.
for
every
offence
;
the
like
if
they
do
not
convey
them
away
towards
their
dwelling
or
place
of
birth
.
39.
El.
4.
Lam.
444.
1.
Jac.
7.
Dal.
102.
Rescous
or
hindring
the
execution
of
the
statute
39.
Elis.
4.
forfeiteth
5.
pound
,
and
is
to
be
bound
to
his
good
behaviour
.
39.
Elis
.
4.
Lam.
444.
Dal.
101.
Minister
of
the
parish
not
keeping
a
register
of
the
testimoniall
of
rogues
punished
in
his
parish
,
and
conveyed
thence
,
loseth
for
every
default
5
shill.
39.
Elis
.
4.
Dal.
101.
Lam.
Every
one
is
to
carry
to
the
Constable
such
beggers
as
they
shall
know
to
come
to
their
doores
for
almes
,
or
lose
ten
shillings
.
1.
Jac.
7.
Dal.
102.
Justices
of
Peace
are
to
meet
twice
a
yeare
in
their
severall
divisions
,
for
the
executing
of
the
statute
7.
Jac.
4.
against
vagabonds
,
and
4
or
5
dayes
before
by
warrant
to
command
the
Constables
of
hundreds
or
towns
by
assistants
of
some
of
every
town
,
to
make
a
generall
privie
search
by
night
,
for
finding
and
apprehending
rogues
to
be
brought
before
the
Justices
at
their
meeting
by
them
,
and
punished
,
or
sent
to
the
house
of
correction
.
7.
Jac.
4.
Dal.
103.
Constables
at
every
meeting
of
the
Just.
of
Peace
for
the
execution
of
the
statute
of
rogues
,
are
to
give
an
account
upon
oath
in
writing
,
and
under
the
hand
of
the
Minister
of
the
parish
,
what
rogues
,
&c.
they
have
apprehended
both
in
the
same
search
,
and
also
between
every
meeting
,
and
how
many
have
been
punished
by
them
,
or
sent
to
the
house
of
correction
;
&
in
default
thereof
,
be
fined
under
40
shil
.
as
by
the
most
of
the
Just
.
shall
be
assessed
.
7.
Jac.
4.
Dal.
103.
No
man
is
to
be
put
out
of
the
town
where
he
dwells
,
or
sent
to
his
place
of
birth
or
last
habitation
,
but
onely
a
vagrant
rogue
.
Dalt
.
99.
Resol
.
9.
Lam.
209.
So
of
them
whose
terms
of
their
houses
are
expired
,
and
servants
whose
times
of
service
are
ended
;
for
they
must
provide
themselves
houses
anew
,
if
they
be
not
impotent
for
ever
.
Dangerous
rogues
are
to
be
banished
,
or
condemned
to
the
gallies
by
the
Iustices
at
their
Qu.
Sessions
.
39.
Elis
.
4.
Lam.
Rogues
by
judgement
of
most
of
the
Iustices
of
Peace
in
open
Sessions
adjudged
incorrigible
,
ought
to
be
branded
on
the
left
shoulder
with
the
letter
R
,
and
then
to
be
sent
to
their
dwelling
;
if
they
have
none
,
then
to
their
last
dwelling
place
where
they
dwelt
for
a
yeare
;
or
if
that
cannot
be
known
,
to
their
places
of
birth
.
1.
Jac.
7.
Vide
plus
House
of
Correction
.
Robberie
.
Robbery
is
a
violent
taking
away
of
any
goods
from
any
mans
person
,
with
intent
to
steal
them
,
Lam.
267.
and
putting
him
in
fear
thereby
,
though
the
thing
taken
be
but
to
the
value
of
an
half-peny
.
Dalt
.
227.
Cro.
33.
b.
But
if
a
felon
take
money
from
me
in
the
high-way
,
and
shall
not
put
me
in
fear
,
it
is
not
robberie
.
Dal.
222.
Cro.
34.
b.
Lam.
If
a
thief
take
nothing
from
my
person
,
but
assaulteth
me
,
whereby
he
getteth
any
thing
from
me
,
it
is
robbery
.
Dal.
227.
As
,
1.
I
cast
my
purse
on
the
ground
,
and
he
taketh
it
away
.
Dal.
227.
Lam.
268.
2.
After
assault
he
prayeth
me
to
give
him
a
peny
,
and
I
do
so
.
Dal.
227.
3.
If
upon
assault
I
deliver
my
purse
.
Dal.
227.
Cro.
34.
a.
Lam.
267
,
268.
4.
If
flying
from
a
thief
I
cast
my
purse
into
a
bush
,
and
he
doth
after
a
day
take
it
away
.
Dal.
227.
Cro.
34.
b.
35.
a.
Lam.
268.
5.
If
upon
assault
I
flie
away
,
and
my
hat
fall
,
and
the
thief
carry
it
away
.
Dal.
227.
Cro.
35.
a.
6.
If
a
thief
bid
me
deliver
my
purse
(
without
any
force
used
)
and
I
deliver
it
,
and
he
finding
but
two
shillings
in
it
,
delivers
it
again
.
Dal.
227.
Cro.
34.
b.
7.
If
by
threats
he
compell
me
to
swear
to
bring
him
money
,
and
afterward
I
bring
him
the
money
accordingly
.
Dal.
228.
Lam.
228.
8.
In
some
cases
it
is
robberie
,
though
the
thief
neither
take
it
from
my
person
,
nor
assault
me
.
As
,
1.
A
thief
taketh
my
goods
openly
in
my
presence
against
my
will
,
the
fear
is
the
like
as
if
it
had
been
from
my
person
.
Dal.
228.
Cro.
34.
a.
Lam.
269.
2.
To
take
a
horse
or
a
beast
out
of
my
pasture
,
I
looking
on
,
if
the
felon
put
me
in
fear
.
Dal.
228.
Cro.
34.
b.
3.
To
make
it
robbery
,
the
person
must
be
put
in
fear
.
Dal.
228.
Cro.
34.
b.
4.
Two
come
to
rob
me
,
and
one
acteth
it
,
being
out
of
the
sight
of
the
other
,
who
after
returneth
to
him
;
it
is
robbery
in
both
.
Dal.
228.
Cro.
34.
a.
Lam.
270.
To
assault
one
to
rob
him
without
taking
any
thing
,
is
not
robberie
.
Dal.
227.
Cro.
34.
a.
After
a
robbery
committed
,
the
hundred
must
answer
the
losse
,
if
the
robbers
be
not
taken
within
40
dayes
:
if
it
be
done
in
the
division
of
two
hundreds
,
both
hundreds
&
the
franchises
within
them
must
be
answerable
.
Dal.
128.
No
person
robbed
shall
bring
any
action
upon
the
statute
of
Hue
and
Cry
,
except
he
be
first
examined
within
20
dayes
next
before
the
action
,
and
brought
upon
his
corporall
oath
before
some
one
Iustice
of
Peace
of
the
countie
where
the
robberie
was
committed
,
whether
he
doth
know
any
of
them
that
did
the
robberie
;
upon
which
examination
if
he
confesse
he
knoweth
any
of
them
,
then
shall
he
before
such
action
brought
enter
into
recognisance
before
the
said
Iustice
,
effectually
to
prosecute
such
persons
by
indictment
or
otherwise
according
to
the
due
course
of
the
laws
of
this
Realm
.
27.
Elis
.
13.
Lam.
202.
After
robbery
committed
,
the
robbed
shall
not
recover
against
the
hundred
,
except
1
with
all
convenient
speed
he
give
notice
of
the
robbery
to
some
inhabitant
neare
to
the
place
where
the
robbery
was
committed
.
2
He
commence
his
action
within
a
yeare
and
a
day
next
after
such
robbery
committed
.
3
He
be
examined
ut
suprà
,
Dal.
104.
before
a
Iustice
of
Peace
.
The
whole
hundred
must
answer
the
robbery
,
if
the
robber
be
not
taken
within
40
dayes
,
and
the
hundred
wherein
defect
of
fresh
suit
is
,
one
moytie
.
Dalt
.
129.
Any
two
Iustices
of
Peace
in
the
hundred
,
one
being
of
the
Quorum
,
may
assesse
all
towns
and
parishes
in
the
said
hundred
and
liberties
therein
,
towards
an
equall
contribution
;
which
money
the
Constable
must
deliver
to
the
same
Iustices
within
ten
dayes
after
collection
,
and
they
upon
request
to
those
to
whose
use
it
was
collected
.
Dal.
104.
Cr.
197.
a
And
the
hundred
shall
be
assessed
in
like
sort
in
default
of
pursuit
of
fresh
hue
and
cry
.
Dal.
105
,
129
Robbery
in
a
house
doth
not
charge
the
hundred
,
whether
it
be
done
in
the
day
or
in
the
night
.
ibid.
The
hundred
is
discharged
upon
taking
of
any
of
the
offenders
by
pursuit
,
Dal.
109.
so
if
the
partie
robbed
take
any
of
the
offenders
after
hue
and
cry
made
.
Dal.
ibid.
Robbing
a
house
or
any
out-house
,
as
a
barn
or
stable
in
the
day
,
to
the
value
of
5
shill.
Robbing
a
house
by
day
or
by
night
,
any
person
being
therein
,
and
thereby
put
in
fear
.
Robbing
any
person
in
any
part
of
his
dwelling
house
,
the
owner
or
dweller
,
wife
,
children
,
or
servants
being
in
any
place
within
the
precinct
of
the
same
,
sleeping
or
waking
.
Robbing
any
booth
or
tent
in
fair
or
market
,
the
owner
,
his
wife
,
children
,
or
servants
being
in
the
same
,
sleeping
or
waking
.
All
these
are
as
penall
as
Burglarie
.
Dal.
146.
Lam.
265.
39.
Elis.
15.
Rout.
Rout
is
where
three
or
more
persons
be
disorderly
assembled
to
commit
with
force
,
whether
they
put
in
execution
their
purpose
or
no
,
if
they
so
do
go
,
ride
,
or
move
forward
after
their
first
meeting
.
Lam.
176.
Sacriledge
.
SAcriledge
is
the
felonious
taking
of
goods
out
of
any
Church
or
Chappell
.
Lam.
420.
Sacraments
.
Three
Iustices
of
Peace
may
take
accusation
by
oath
of
two
witnesses
against
such
as
deprave
the
Sacrament
of
the
Supper
,
and
examine
what
witnesses
were
by
,
and
binde
them
all
to
give
evidence
at
the
day
of
triall
;
and
they
being
found
guiltie
shall
be
imprisoned
and
fined
.
1.
Ed.
6.
1.
Lam.
366
,
416.
Quaere
.
Three
Iust.
of
Peace
,
one
being
of
the
Quorum
,
may
award
against
one
endited
upon
the
statute
of
1.
E.
6.
1.
for
depraving
the
Sacrament
,
a
Capias
,
Exigent
,
and
Capias
ut
legat
.
into
any
shire
.
1.
Ed.
6.
1.
Saltpeter-men
.
Saltpeter-men
cannot
dig
in
the
mansion
house
of
any
subject
without
his
assent
,
in
regard
of
the
danger
that
may
happen
thereby
in
the
night
time
to
the
owner
,
his
family
and
goods
by
theeves
and
other
malefactours
.
Dal.
177.
Cook
11.
82.
Schoolmaster
.
To
keep
or
maintain
a
schoolmaster
which
resorteth
not
to
Church
,
or
is
not
allowed
by
the
Bishop
or
Ordinary
of
the
Diocesse
,
the
maintainer
forfeits
ten
pounds
for
each
moneth
,
and
the
schoolmaster
to
be
imprisoned
for
a
yeare
without
bail
,
and
disabled
.
23.
Elis
.
1.
Lam.
419.
Any
keeping
a
schoolmaster
out
of
the
Universitie
,
except
in
publick
Grammar-school
,
and
except
in
such
Noblemen
and
Gentlemens
houses
as
are
not
Recusants
,
and
licensed
by
the
Archbishop
or
Guardian
of
the
Diocesse
,
both
keeper
and
schoolmaster
forfeits
40
sh.
a
day
.
1.
Jac.
4.
Seditious
sectaries
.
One
Justice
of
P.
may
within
three
moneths
after
the
conviction
of
any
seditious
sectarie
or
Popish
Recusant
described
in
the
statute
of
34.
El
1
require
the
submission
of
him
to
conformitie
,
and
in
default
of
such
submission
,
may
require
him
to
abjure
the
Realm
;
and
if
he
refuse
,
or
after
return
without
license
,
it
is
felonie
.
35.
El.
1.
&
2.
Lam.
204.
Sermon
,
vide
Preaching
.
Servants
,
vide
Labourers
and
Apprentices
.
Serving-men
,
vide
Testimoniall
.
Sessions
of
the
Peace
.
The
Sessions
of
the
P.
is
an
assembly
of
any
two
or
more
Just.
of
P.
one
being
of
the
Quorum
,
at
a
certain
day
&
place
within
the
limits
of
their
Commission
,
appointed
to
enquire
by
a
Iury
or
otherwise
to
take
knowledge
,
and
thereupon
to
heare
and
determine
according
to
their
power
of
causes
within
the
Commission
and
statute
referred
to
their
charge
.
Lam.
278.
Sessions
held
without
summons
are
good
,
but
then
none
shall
lose
any
thing
for
default
of
appearing
.
Lam.
380
,
381.
Summons
of
the
Sessions
is
usually
by
precept
written
to
the
Sheriffe
,
and
by
him
to
be
returned
at
the
Sessions
.
Lam.
381
,
385.
Precept
for
summoning
the
Sessions
may
be
made
by
any
two
Just.
of
Peace
,
one
being
of
the
Quor
.
but
not
the
Custos
Rotulorum
alone
;
and
summons
cannot
be
discharged
by
Supersedeas
of
all
the
other
Justices
,
but
by
Supersedeas
out
of
the
Chancerie
.
Lam.
382
,
383.
Sessions
held
by
one
Iustice
of
Peace
is
not
good
,
although
it
were
summoned
by
two
,
and
styled
by
their
names
;
but
by
two
sufficient
Iustices
it
is
good
,
though
it
be
styled
by
the
name
of
three
.
Lam.
383.
Quarter
Sessions
are
to
be
held
foure
times
in
the
yeare
,
(
viz.
)
the
first
week
after
S.
Michael
,
the
Epiphanie
,
the
clause
of
Easter
,
after
the
translation
of
S.
Thomas
the
martyr
,
which
is
2
Iuly
.
2.
Hen.
5.
4.
Lam.
597.
The
Easter
Sessions
by
33.
Hen.
8.
cap.
10.
are
to
be
holden
as
arbitrable
,
and
therefore
though
by
summons
they
be
to
be
kept
in
one
place
,
yet
they
may
be
kept
in
another
;
but
then
there
can
be
no
amerciament
for
default
of
appearance
.
Lam.
383
,
384.
Two
Sessions
at
one
time
for
one
Countie
lawfully
summoned
at
two
places
,
both
are
good
,
and
appearance
at
one
shall
excuse
default
of
appearance
at
the
other
,
and
presentments
taken
before
either
of
them
shall
be
good
.
384.
At
a
generall
Sessions
all
matters
enquirable
by
Iustices
of
Peace
,
either
by
their
Commission
,
or
by
statute
,
ought
to
be
given
in
charge
,
otherwise
a
speciall
Sessions
,
Lam.
623.
and
may
be
held
three
dayes
.
606.
Two
sorts
of
men
ow
their
ordinarie
attendance
at
the
Qu.
Sessions
,
(
viz.
)
officers
and
ministers
of
the
Court
,
and
Iurours
of
the
Countie
.
Lam
386.
Officers
are
the
Custos
Rotulorum
,
where
he
ought
to
attend
by
himself
or
his
deputie
.
387.
The
Clerk
of
the
Peace
.
393.
Iurours
for
enquirie
and
triall
.
396.
The
Iustices
of
Peace
,
if
need
require
,
may
keep
a
speciall
Sessions
by
vertue
of
their
Commission
,
or
by
the
statute
.
2.
Hen.
4.
5.
Lamb.
623.
Summons
of
a
speciall
Sessions
is
for
the
most
part
for
some
speciall
enquirie
,
and
not
to
the
generall
service
of
the
commission
.
Lam.
623.
All
matters
within
the
commission
or
statute
may
at
a
speciall
Sessions
of
the
Peace
be
given
in
charge
,
yet
they
are
at
libertie
to
give
in
charge
either
all
or
any
of
them
.
Lam.
623
,
624.
If
two
Iustices
of
the
Peace
,
one
being
of
the
Quorum
,
make
a
precept
to
the
Sheriffe
for
the
holding
a
Sessions
at
such
a
place
and
day
,
and
to
return
a
Iurie
before
them
,
either
Iustice
can
by
their
Supersedeas
to
the
Sheriffe
inhibite
him
,
Cro.
126.
b.
but
the
King
by
his
writ
of
Supersedeas
may
discharge
it
.
ibid.
A
man
is
bound
to
appeare
before
a
Iustice
of
Peace
within
fourty
dayes
after
,
in
the
mean
time
a
generall
Sessions
is
kept
,
he
ought
to
appeare
before
the
Iustice
at
the
Sessions
.
Cro.
123.
a.
nu.
18.
A
Iustice
commands
one
on
pain
of
10
pound
by
his
precept
to
appeare
at
the
next
Sessions
,
and
he
doth
not
,
no
Scire
facias
shall
go
against
him
more
then
upon
a
Sub
poena
,
but
it
seemeth
he
may
be
attached
upon
a
contempt
.
Sewers
.
Commission
of
sewers
being
expired
,
6
Iustices
of
Peace
,
two
being
of
the
Quorum
,
may
for
one
yeare
after
execute
the
laws
of
Commissioners
of
sewers
,
unlesse
a
new
be
published
.
13.
El.
cap.
9.
Sheep
.
To
transport
sheep
beyond
the
seas
without
license
,
or
to
procure
the
same
,
is
felonie
the
second
offence
.
23.
H.
8.
16.
8.
Elis
.
3.
Lam.
227
,
425.
Any
bringing
,
sending
,
or
receiving
into
any
bottome
any
sheep
alive
out
of
the
Kings
dominions
,
or
procuring
the
same
,
loseth
his
goods
,
is
to
be
imprisoned
for
a
yeare
,
and
then
in
open
market
to
lose
his
left
hand
.
8.
Elis
.
3.
Lam.
456
,
457.
Any
keeping
at
one
time
above
2000
sheep
of
all
sorts
against
the
purport
of
the
statute
,
loseth
4
shil.
4
pence
for
every
sheep
above
2000.
28.
Hen.
8.
b.
13.
Sheriffe
.
The
Custos
Rotulorum
,
or
eldest
of
the
Quor
.
in
his
absence
,
is
to
appoint
at
Michaelmasse
Sessions
two
Justices
of
Peace
,
whereof
one
of
the
Quorum
,
to
have
the
oversight
and
controlment
of
the
Sheriffe
,
Under-sheriffe
,
their
officers
and
deputies
,
and
of
their
books
and
amerciaments
in
their
county
Courts
:
and
either
of
these
two
Iustices
,
or
one
Iustice
of
the
Peace
,
Lam.
201.
may
examine
the
Sheriffe
or
Under-sheriffe
and
plaintiffe
concerning
the
taking
and
entring
plaints
in
their
Courts
and
books
against
the
statute
11.
Hen.
7.
15.
Dal.
107.
Lam.
201
,
295
,
600.
The
particulars
are
,
Dal.
107.
Lam.
131.
1.
If
any
plaints
be
entred
in
their
books
in
any
mans
name
,
the
plaintiffe
or
sufficient
Atturney
not
being
in
Court
.
2.
If
the
plaintiffe
finde
not
pledge
to
pursue
his
plaint
,
(
viz.
)
such
as
are
known
in
that
countrey
.
3.
If
they
enter
more
plaints
then
one
for
one
trespasse
or
contract
.
4.
If
they
enter
more
plaints
then
the
plaintiffe
supposeth
he
hath
cause
of
action
for
against
the
defendant
.
If
upon
examination
the
Iustices
finde
any
default
,
it
shall
stand
for
conviction
without
further
enquiry
or
examination
,
and
they
forfeit
40
shill.
to
the
King
,
and
to
the
informer
for
every
default
,
and
the
Iustices
must
certifie
the
examination
to
the
exchequer
within
a
quarter
of
a
yeare
,
on
pain
of
40
shill.
Dalt
.
107.
The
like
for
bailiffes
of
hundreds
in
not
warning
the
defendants
to
appeare
.
Dal.
118.
Sheriffe
to
make
once
a
yeare
estreats
to
levie
their
shire-amerciaments
until
the
two
Iustices
have
had
a
view
and
oversight
of
the
books
,
and
the
said
estreats
shall
be
indented
betwixt
the
said
Iustices
and
Sheriffe
,
or
Under-sheriffe
under
their
seals
.
Dal.
ibid.
The
said
two
Iustices
or
one
of
them
may
examine
the
defaults
of
collectours
of
shire-amerciaments
,
whose
finding
of
default
is
a
sufficient
conviction
and
forfeiture
of
fourtie
shillings
,
prou●
contrá
.
The
said
Iustices
,
upon
information
of
the
party
grieved
,
may
make
like
processe
as
in
action
of
trespasse
against
the
Sheriffe
,
&c.
to
appeare
then
to
answer
the
said
information
or
suggestion
.
Dalt
.
108.
Sheriffe
ought
to
be
at
the
Sessions
to
return
his
precept
and
keep
the
prisoners
.
Lam.
395.
In
these
cases
following
the
Sheriffe
,
&c.
did
forfeit
40
pounds
,
and
treble
damages
to
the
partie
grieved
,
23.
Hen.
6.
16.
Lam.
430
,
431.
1.
Sheriffe
that
letteth
his
Bailywicks
or
any
of
his
hundreds
.
2
Or
returneth
in
any
pannels
any
bailiffes
,
officers
,
servants
,
or
servants
servants
.
3
Or
refuseth
to
bail
those
that
are
bailable
,
offering
sufficient
suretie
.
4
Or
taketh
any
obligation
by
colour
of
his
office
,
but
onely
to
himself
,
and
upon
the
name
of
his
office
,
and
upon
condition
onely
to
appeare
according
to
the
writ
or
warrant
.
5
Or
having
taken
for
an
arrest
above
20
pence
.
6
Or
above
4
pence
for
any
obligation
,
warrant
,
or
precept
.
7
Or
above
4
pence
for
the
copie
of
a
pannell
.
8
Bailiffe
for
taking
above
4
pence
for
making
an
arrest
.
9
Goaler
taking
above
4
pence
of
any
committed
to
his
ward
upon
arrest
or
attachment
.
10
Sheriffe
or
his
ministers
that
shall
levie
any
of
the
Kings
debts
,
without
shewing
the
partie
the
estreats
under
the
Exchequer
seal
,
shall
be
fined
and
pay
trebble
damages
to
the
partie
.
42.
El.
39.
7.
H.
43.
Lam.
432.
11
Sheriffe
or
other
his
minister
arresting
,
imprisoning
,
ransoming
of
,
or
levying
any
amerciaments
by
reason
of
any
enditements
or
presentments
made
in
the
Sheriffes
turn
,
without
processe
first
obtained
from
the
Iustice
of
Peace
,
or
that
hath
not
brought
in
such
enditements
and
presentments
to
the
Iustices
of
the
Peace
at
the
next
Sessions
,
loseth
10
pound
.
1.
El.
4.
Lam.
431.
Sheriffe
or
any
other
who
maketh
return
of
any
writ
,
that
returneth
any
Iurour
,
without
true
addition
of
the
place
of
his
abode
,
or
within
a
yeare
next
before
,
or
without
some
addition
by
which
the
Iurour
might
be
well
known
,
loseth
5
marks
to
the
King
,
and
5
marks
to
the
partie
.
27.
El.
7.
Lam.
432.
Sheriffe
or
goaler
denying
to
receive
felons
by
the
delivery
of
any
Constable
or
Township
,
or
having
taken
any
thing
for
receiving
such
.
4.
E.
3.
10.
Lam.
434.
Sheriffe
,
bailiffe
,
or
other
officer
or
person
,
refusing
to
pay
over
to
the
Churchwardens
,
&c.
the
moytie
of
the
forfeitures
by
the
statute
of
4.
Jac.
against
uttering
of
beer
or
ale
to
ale
house-keepers
unlicensed
,
forfeiteth
double
value
.
4.
Jac.
4.
Lam.
434.
Iustice
of
Peace
being
chosen
Sheriffe
,
his
authoritie
of
I.
is
suspended
during
his
Sheriffewick
;
but
after
another
is
chosen
and
sworn
,
his
authoritie
as
a
Iustice
of
Peace
is
as
it
was
before
without
any
new
oath
,
except
he
be
left
out
of
the
commission
.
Dal.
12.
edit.
1626.
Shoes
.
Making
shoes
,
pantofles
,
&c.
contrarie
to
the
rules
prescribed
in
the
statute
,
loseth
3
shillings
4
pence
for
every
paire
of
shoes
,
&c.
and
the
value
of
1.
Jac.
22.
Lam.
465.
Shewing
of
boots
,
&c.
on
the
sunday
,
with
intent
to
sell
them
,
loseth
3
shillings
4
pence
and
the
value
of
them
.
1.
Jac.
22.
Lam.
466.
Shooting
,
vide
Archerie
,
Crosbows
,
Partridges
.
Souldiers
.
Souldier
serving
the
King
by
sea
or
land
,
doth
willingly
give
,
purloyn
,
or
put
away
any
horse
or
harnesse
wherewith
he
was
set
forth
,
or
taken
from
other
souldiers
was
appointed
to
him
,
upon
complaint
thereof
to
a
Iustice
of
Peace
,
he
shall
be
committed
without
bail
till
he
have
made
satisfaction
,
unlesse
he
have
been
formerly
punished
by
the
Generall
or
other
,
or
shew
forth
in
writing
under
seal
the
lawfull
losse
thereof
.
2.
&
3.
E.
6.
2.
Lam.
194.
Souldiers
passing
out
of
the
Realm
to
serve
any
forrain
Prince
,
&c.
not
having
before
their
passage
taken
the
oath
of
alleagiance
before
the
officer
appointed
thereunto
,
is
felonie
.
3.
Jac.
4.
Dalt
.
247.
Souldier
being
a
gentleman
,
or
of
a
higher
degree
,
or
captain
,
or
other
officer
in
camp
,
passing
to
serve
any
forrain
Prince
,
&c.
before
they
be
bound
to
the
King
with
two
sureties
before
the
officer
appointed
,
not
to
be
reconciled
to
the
Pope
,
&c.
or
to
consent
to
any
conspiracie
against
the
King
,
but
to
disclose
all
conspiracies
upon
knowledge
thereof
,
&c.
it
is
felonie
.
ibid.
Souldier
entred
upon
a
record
,
and
having
taken
presse-money
,
and
that
departeth
without
license
,
it
is
felonie
,
1.
H.
7.
1.
3.
H.
8.
5.
Dal.
247.
or
if
they
depart
without
license
after
they
have
served
in
the
Kings
warres
,
2.
Ed.
6.
2.
Dalt
.
ibid.
So
of
mariners
and
gunners
that
have
taken
presse-money
to
serve
the
King
on
the
sea
,
and
come
not
unto
,
or
depart
from
the
captain
without
license
,
it
is
felonie
.
5.
Elis
.
5.
Dal.
247.
In
these
cases
following
,
by
the
statute
of
39.
Elis.
17.
souldiers
and
mariners
do
become
felons
,
Dal.
247.
Such
which
set
themselves
not
to
some
lawfull
course
of
life
,
but
wander
up
and
down
idlely
,
not
having
a
lawfull
testimoniall
(
if
they
come
from
beyond
sea
)
from
some
Iustice
of
Peace
neare
the
place
of
their
landing
,
expressing
the
place
and
time
of
their
landing
,
the
place
to
which
they
are
to
passe
,
and
a
time
limited
for
their
passage
;
or
having
such
a
testimoniall
,
if
they
shall
exceed
the
time
limited
.
To
forge
or
counterfeit
such
testimoniall
,
or
to
have
a
forged
testimoniall
,
knowing
that
it
is
forged
.
Or
being
retained
in
service
after
his
arraignment
,
&c.
if
he
depart
within
the
yeare
without
his
Majesties
license
.
Poore
souldier
,
or
mariner
,
or
sea-faring
man
suffering
shipwrack
,
may
have
a
license
from
a
Iustice
of
Peace
next
to
his
landing
,
to
passe
to
the
place
of
his
repair
,
and
may
ask
and
receive
necessary
relief
in
his
direct
passage
within
the
time
limited
to
him
,
39.
Elis.
4.
39.
Elis
.
17.
Dal.
99
102.
Lam.
303.
Every
parish
is
to
be
taxed
to
the
relief
of
disabled
souldiers
,
by
the
greater
part
of
the
Iustices
at
their
Quarter
Sessions
next
after
Easter
,
so
as
no
parish
be
above
ten
pence
,
nor
under
two
pence
weekly
to
be
paid
,
so
as
the
totall
summe
in
any
Countie
where
there
shall
be
above
50
parishes
,
do
not
exceed
six
pence
every
parish
.
43.
Elis.
3.
The
said
taxation
to
be
assessed
within
themselves
,
and
in
default
thereof
by
the
Churchwardens
and
pettie
Constables
or
the
greater
part
of
them
,
in
default
thereof
by
the
Iustices
or
Iustice
of
Peace
dwelling
in
the
same
parish
,
or
if
none
be
there
,
in
the
parish
next
adjoyning
.
43.
El.
3.
In
default
of
payment
of
the
same
assesse
,
the
Churchwardens
and
pettie
Constables
may
levie
it
by
distresse
and
sale
,
&c.
and
in
their
default
the
aforesaid
Iustices
or
Iustice
of
Peace
.
43.
El.
3.
The
Churchwardens
and
pettie
Constables
are
to
pay
over
their
collections
to
the
high
Constable
10
dayes
before
every
Quarter
Sessions
,
and
the
high
Constables
at
every
Quarter
Sessions
are
to
pay
it
over
to
the
Treasurer
.
ibid.
If
any
of
them
make
default
,
then
the
Church-wardens
or
pettie
Constables
forfeit
20
shillings
,
and
every
high
Constable
40
shillings
to
be
levied
by
the
Treasurer
by
distresse
and
sale
for
augmentation
of
stock
.
43.
El.
3.
Treasurer
for
maimed
souldiers
must
be
10
pound
in
lands
or
50
in
goods
in
the
subsidie
,
and
continue
but
for
a
yeare
,
and
within
10
dayes
after
Easter
Sessions
following
to
give
account
to
his
successour
,
in
default
thereof
or
for
other
misdemeanour
in
his
office
to
be
fined
5
pound
or
above
by
the
part
of
the
Iustices
of
Peace
.
43.
El.
3.
Souldier
or
mariner
sick
or
maimed
by
service
in
his
Majesties
pay
,
upon
lawfull
certificate
thereof
by
the
generall
muster-master
or
receiver
of
the
muster-rolls
,
Treasurer
,
or
controller
of
the
navie
under
his
hand
,
is
to
come
to
the
Treasurer
of
the
countie
where
he
was
prest
,
or
if
he
were
not
pressed
,
then
to
the
Treasurer
of
the
countie
where
he
was
born
or
last
dwelt
3
yeares
,
if
he
be
able
to
travell
so
farre
;
or
otherwise
to
the
treasurer
of
the
Countie
where
he
landed
,
by
him
to
be
relieved
according
to
his
discretion
till
the
next
Qu.
Sessions
,
at
which
time
the
more
part
of
the
Iustices
may
according
to
their
discretions
grant
him
a
pension
during
his
life
,
being
not
duely
revoked
or
altered
.
43.
Elis.
3.
Treasurers
are
to
make
payment
quarterly
of
such
pensions
as
shall
be
granted
by
the
most
of
the
Iustices
at
the
Q.
Sessions
under
their
hands
,
and
by
them
to
be
fined
if
they
refuse
to
pay
them
.
43.
El.
3.
Pensions
of
souldiers
and
mariners
not
having
born
offices
,
are
not
to
be
above
ten
pound
;
under
the
degree
of
a
Lieutenant
fifteen
pound
;
a
Lieutenant
twenty
pound
.
43.
Elis
.
3.
Pensions
are
revocable
or
alterable
at
the
discretion
of
the
Iustices
in
the
Qu.
Sessions
.
43.
Elis.
3.
Treasurer
where
any
maimed
souldier
or
mariner
shall
arrive
upon
certificate
without
allowance
,
may
give
a
testimoniall
of
his
own
allowance
,
and
convenient
relief
to
carry
him
to
the
next
County
,
leading
him
to
the
place
where
the
generall
muster-master
shall
be
;
and
so
may
the
treasurer
of
each
Countie
,
leading
him
thither
and
from
thence
to
the
Countie
where
he
is
to
have
his
pension
.
43.
Elis.
3.
Treasurer
is
to
enter
into
a
book
money
received
and
disbursed
,
with
the
parties
names
and
certificate
to
whom
it
was
paid
.
43.
Elis.
3.
Treasurer
not
allowing
a
certificate
in
the
act
of
43.
Elis.
3.
expressed
,
must
endorse
the
cause
thereof
on
the
certificate
.
43.
Elis.
3.
Souldier
or
mariner
counterfeiteth
a
certificate
,
or
having
a
pension
beggeth
,
he
shall
lose
his
pension
and
be
delivered
a
rogue
.
43.
Elis.
3.
Souldier
or
mariner
that
cannot
be
relieved
in
the
County
where
he
was
pressed
,
by
reason
that
whole
taxation
is
imployed
,
shall
be
relieved
where
he
was
born
or
dwelt
the
last
three
yeares
at
his
election
.
43.
Elis.
3.
Overplus
of
the
stock
for
maimed
souldiers
is
to
be
imployed
by
the
greater
part
of
Iustices
at
the
Qu.
Sessions
,
to
such
charitable
uses
as
are
set
down
in
the
statute
for
poore
,
except
it
be
by
them
reserved
for
future
pensions
.
43.
Elis.
3.
Starre-chamber
.
The
experience
of
Starre-chamber
is
the
best
guide
and
direction
for
a
Justice
of
Peace
.
Lam.
175
Stollen
goods
.
After
attainder
upon
evidence
by
the
owner
,
the
stollen
goods
are
to
be
restored
to
the
owner
by
writ
of
restitution
awarded
by
the
Iustices
before
whom
the
attainder
was
.
21.
H.
8.
11.
Lam.
586.
Dal.
262.
Cro.
191.
a.
Vide
Restitution
of
stollen
goods
.
Stewards
of
Courts
.
Stewards
of
the
Sheriffes
turn
,
Leet
,
or
Pypowders
,
cannot
grant
suretie
of
the
Peace
unlesse
it
be
by
prescription
,
but
every
of
them
may
commit
him
to
ward
that
shall
make
an
affray
in
their
presence
whilest
they
be
in
execution
of
their
office
,
which
the
steward
in
a
court
Baron
cannot
do
.
Lam.
14.
Dal.
2.
Stocks
of
the
shire
.
The
parishioners
,
and
in
their
default
the
Church-wardens
and
Constables
,
are
to
assesse
the
tax
imposed
upon
the
parish
by
the
Iustices
at
Easter
Sessions
,
towards
the
relief
of
the
prisoners
in
the
Kings
Bench
,
Marshalsey
,
Hospitalls
,
and
other
losses
by
fire
,
&c.
In
default
of
them
,
any
Justice
of
Peace
dwelling
in
that
parish
,
or
(
if
none
dwell
there
)
the
next
Justice
may
assesse
the
same
;
and
the
same
Iustice
of
Peace
,
or
any
other
Iustice
of
Peace
in
that
limit
,
in
default
of
the
Churchwardens
and
Constables
,
may
levie
the
same
by
distresse
and
sale
of
the
offenders
goods
,
and
in
default
of
distresse
may
commit
such
persons
without
bail
till
they
pay
the
same
.
43.
Elis
.
2.
Dal.
110.
In
all
taxations
observe
these
rules
,
Dal.
110.
1
The
most
reasonable
taxation
of
land
is
by
the
yearely
value
,
not
the
quantitie
.
2
He
that
occupieth
lands
in
his
own
hands
in
severall
parishes
,
shall
be
charged
in
every
parish
propoitionably
for
his
land
there
.
3
The
farmer
shall
be
rated
for
the
land
,
and
not
the
lessor
.
4
A
man
is
not
to
be
rated
for
his
farm-rents
,
for
that
the
occupier
of
the
lands
is
chargeable
for
the
same
.
5
By
goods
in
most
cases
a
man
may
be
rated
,
as
well
as
by
lands
,
but
not
both
by
goods
and
lands
.
6
A
man
shall
be
charged
for
goods
onely
in
that
town
where
the
goods
be
at
the
time
of
assessment
:
the
Constable
and
major
part
of
the
parishioners
,
upon
warning
given
in
the
Church
,
may
make
such
taxations
by
law
.
Dalt
.
106.
Cook
5
,
6
,
7.
The
like
may
be
done
by
the
Churchwardens
and
the
greater
part
of
the
parishioners
for
Church-charges
.
Dalt
.
ibid.
If
the
greater
part
will
not
meet
,
the
officers
and
such
as
will
meet
may
tax
.
Dal.
ibid.
Where
a
man
is
charged
by
goods
,
they
must
be
bona
notabilia
.
Dalt.
131.
Vide
Taxations
.
Subsidie
.
Upon
proof
before
two
Justices
of
Peace
that
a
subsidie
man
by
covin
hath
escaped
taxation
,
they
shall
charge
him
at
double
the
value
of
so
much
as
he
ought
to
be
taxed
at
,
and
he
shall
be
further
punished
at
the
discretion
of
the
said
Justices
.
Lam.
3●6
Suggestion
,
vide
Information
.
Summons
of
the
Sessions
,
vide
Sessions
.
Sunday
.
All
persons
shall
resort
to
their
parish
Church
or
Chappel
accustomed
,
or
upon
reasonable
let
to
some
usuall
place
where
Common
prayer
shall
be
used
upon
every
Sunday
and
other
day
ordained
and
used
to
be
kept
holy
day
,
and
then
and
there
to
be
orderly
and
soberly
during
the
time
of
Common
prayer
,
preaching
,
or
other
service
of
God
,
or
lose
1●
pence
for
every
offence
to
be
ievied
by
the
Church-wardens
there
,
to
the
use
of
the
poore
by
way
of
distresse
,
1.
Elis
.
2.
Dal.
80
,
81.
though
he
be
Popish
Recusant
convict
or
not
convict
.
ibid.
If
any
subject
do
not
resort
and
repair
every
Sunday
to
some
Church
or
Chappel
,
or
some
usuall
place
appointed
for
Common
prayer
,
and
there
heare
divine
Service
according
to
the
statute
,
1.
Elis.
2.
it
shall
be
lawfull
for
a
Iustice
of
Peace
of
that
limit
,
upon
proof
by
confession
of
the
partie
,
or
oath
of
witnesse
,
to
call
the
partie
before
him
;
and
if
he
or
they
make
not
a
sufficient
excuse
,
to
the
satisfaction
of
the
said
Justice
,
then
to
give
warrant
to
the
Churchwardens
of
the
said
parish
under
his
hand
and
seal
,
to
levie
12
pence
by
distresse
to
the
use
of
the
poore
for
every
default
;
and
for
want
of
distresse
to
commit
the
offender
to
prison
,
every
offender
to
be
called
in
question
for
one
moneth
after
the
offence
.
3.
Jac.
4.
Lam.
418.
None
punished
according
to
the
branch
of
the
statute
of
3
Jac.
4
shall
be
punished
by
1.
Elis.
2.
for
the
same
offence
.
3.
Jac.
4.
There
shall
be
no
meeting
,
assemblies
,
or
concourse
of
people
for
any
sports
or
pastime
out
of
their
own
parishes
on
the
Lords
day
;
nor
Bear-baiting
,
Bul-baiting
,
Interludes
,
common
playes
,
or
other
unlawfull
exercises
within
their
own
parishes
,
upon
forfeiture
of
3
shillings
4
pence
to
the
use
of
the
poore
,
upon
view
of
one
Justice
of
Peace
,
confession
of
the
partie
offending
,
or
oath
of
one
witnesse
,
to
be
levied
by
warrant
of
the
said
Justice
under
hie
hand
and
seal
to
the
Constable
and
Churchwardesn
;
in
default
of
distresse
,
the
offender
to
sit
in
the
stocks
three
houres
.
The
offender
to
be
questioned
within
one
moneth
.
1.
Car.
1.
Carryers
,
waggoners
,
waynmen
,
drovers
,
shall
not
travell
with
horse
,
waggons
,
carts
,
or
cattell
upon
Sunday
,
upon
pain
of
20
shillings
for
every
offence
.
Neither
shall
any
Butcher
kill
or
sell
any
victuall
upon
Sunday
,
on
pain
of
6
shillings
8
pence
,
upon
view
of
one
Justice
of
Peace
,
confession
of
the
partie
,
or
oath
of
two
witnesses
,
the
penaltie
to
be
levied
by
the
Constable
or
Churchwardens
to
the
use
of
the
poore
by
warrant
from
any
Iustice
of
Peace
by
distresse
,
or
by
any
that
will
sue
for
the
same
at
the
Qu.
Sessions
in
the
same
Countie
within
six
moneths
,
his
reward
not
to
be
above
the
third
part
.
1.
Car.
1.
Shewing
of
boots
on
the
Sunday
,
with
intent
to
sell
them
,
loseth
3
shill.
4
pence
,
and
the
value
of
the
boots
.
1.
Jac.
22.
Lam.
46.
Supersedeas
.
Supersedeas
is
sufficient
,
though
it
heither
name
the
sureties
,
nor
contain
the
summe
wherein
they
are
bound
;
but
it
is
better
if
it
do
both
.
Lam.
96.
Dalt
.
139.
Supersedeas
delivered
to
the
officer
,
if
he
urge
new
sureties
,
the
partie
may
refuse
;
and
if
he
be
committed
,
he
may
have
his
action
.
Lam.
99.
Dal.
139.
Supersedeas
out
of
the
Chancery
will
discharge
suretie
of
the
Peace
in
the
Kings
Bench
,
and
either
of
them
a
precept
for
the
peace
awarded
by
a
Iustice
of
Peace
,
and
an
attachment
lyeth
against
him
if
he
surcease
not
,
and
he
may
be
imprisoned
and
fined
for
it
.
Lam.
99.
Dal.
140.
Supersedeas
received
by
a
Iustice
of
Peace
out
of
an
higher
court
,
he
should
forbear
to
make
any
warrant
,
or
if
one
be
made
,
to
send
out
his
Supersedeas
to
the
Sheriffe
or
other
officer
to
desist
to
put
it
in
execution
.
Lam.
99
,
100.
Supersedeas
out
of
the
Chancery
is
to
be
certified
at
the
next
Sessions
,
together
with
the
recognisance
for
the
Peace
;
if
the
Supersedeas
do
testifie
that
he
hath
found
suretie
in
the
Chancery
onely
unto
a
certain
day
,
which
day
it
after
those
Sessions
if
the
Supersedeas
come
to
his
hands
after
his
recognisance
taken
.
Lam.
13.
Dalt
.
140.
Supersedeas
for
the
good
abearing
,
quaere
if
it
be
granted
by
a
Iustice
of
Peace
,
Lam.
123.
Dalt
.
affirmeth
it
,
164.
Cro.
237
a.
A
Supersedeas
made
by
a
Iustice
of
Peace
,
and
returned
under
his
seal
,
is
a
sufficient
record
to
prove
a
recognisance
taken
for
the
Peace
,
and
warrant
to
call
the
partie
bound
,
and
if
he
make
default
,
to
record
the
same
.
Lam.
97.
If
a
Iustice
of
P.
will
by
a
Supersedeas
discharge
a
Precept
for
the
Peace
awarded
by
another
by
vertue
of
his
office
,
and
not
by
Supplicavit
,
the
recognisance
would
be
taken
according
to
the
form
of
the
Precept
.
Lam.
96.
Dal.
139.
Certiorari
to
remove
a
record
is
in
it self
a
Supersedeas
to
the
Iustice
,
yet
the
partie
may
have
a
Supersedeas
to
the
Sheriffe
that
he
arrest
him
not
upon
the
Iustices
record
.
Lam.
515.
Whether
the
Iustice
ex
officio
after
a
Certiorari
ought
to
award
their
Supersedeas
,
to
stay
proceeding
upon
their
record
,
quaere
Lam.
ibid.
An
exigent
awarded
against
one
indicted
of
a
trespasse
before
the
Iustices
of
Peace
,
may
be
stayed
by
Supersedeas
out
of
the
Chancerie
,
upon
suretie
found
there
to
appeare
the
day
in
the
Writ
,
though
he
be
taken
upon
it
.
Lam.
326
,
327.
So
by
Supersedeas
granted
by
two
Iustices
of
Peace
,
one
being
of
the
Quorum
,
testifying
that
he
hath
found
sureties
,
al.
fine
assidendo
.
ibid.
By
one
Iustice
of
Peace
,
Dal.
176.
Cro.
334.
If
a
Supersedeas
be
directed
to
the
Iustice
of
Peace
and
Sheriffe
,
the
Iustice
to
whose
hands
it
shall
be
delivered
may
keep
it
,
and
deliver
the
libell
to
the
partie
.
Dalt
.
140.
Supersedeas
granted
for
the
Peace
or
good
behaviour
out
of
the
Chancery
or
Kings
Bench
,
is
void
,
unlesse
it
be
upon
motion
in
open
Court
,
and
upon
sureties
of
five
pounds
in
lands
,
or
10
pounds
in
goods
in
subsidie
.
Whether
the
partie
bound
,
sending
the
Supersedeas
to
the
Sessions
,
be
discharged
of
his
appearance
there
,
quaere
Dal.
140
,
141.
Lam.
113.
Supplicavit
.
He
onely
to
whom
the
Writ
of
Supplicavit
is
delivered
,
must
execute
it
.
Dal.
153.
The
Iustice
that
receiveth
the
Writ
,
may
make
the
Warrant
to
the
Constable
or
other
partie
and
indifferent
;
and
if
he
refuse
to
finde
sureties
,
to
carry
him
to
prison
.
Dalt
.
153.
The
partie
attached
can
be
bound
onely
before
him
that
sent
out
the
Warrant
.
Dalt
.
153.
The
Iustice
is
to
execute
the
Supplicavit
as
it
directeth
.
Dal.
ibid.
If
the
summes
be
left
to
discretion
,
it
is
safe
to
take
good
summes
.
Dalt
.
ibid.
After
sureties
taken
the
Iustice
may
make
him
a
Supersedeas
.
Dalt.
153.
The
Iustice
needs
not
return
the
Supplicavit
.
nor
make
certificate
,
untill
a
Certiorari
do
come
to
him
.
Lam.
10.
Dalt
.
157.
Supremacie
.
To
refuse
the
oath
of
Supremacie
,
the
first
offence
is
Praemunire
,
the
second
Treason
.
5.
Elis.
1.
Suretie
of
the
Peace
.
Suretie
of
the
Peace
is
the
acknowledgement
of
a
recognisance
to
the
King
(
taken
by
a
compettent
Iudge
of
record
)
for
the
keeping
of
the
Peace
.
Dal.
127.
Every
Iustice
of
Peace
may
take
and
command
the
Peace
either
as
a
Iudge
or
a
Minister
.
Dalt
.
ibid.
Iustice
of
Peace
may
command
suretie
of
the
Peace
,
either
of
his
own
discretion
,
or
at
the
prayer
of
another
.
In
what
cases
a
Justice
of
Peace
may
command
suretie
of
the
Peace
by
his
own
discretion
,
Dal.
128
,
129.
1
One
that
maketh
an
affray
upon
the
Iustice
himself
,
or
an
assault
.
2
Such
as
in
his
presence
make
an
affray
upon
another
,
or
offer
to
strike
another
.
3
Such
as
in
his
hearing
shall
threaten
to
kill
,
beat
,
or
hurt
another
,
or
to
burn
his
house
.
4
Such
as
in
his
presence
contend
onely
in
hot
words
.
5
Such
as
in
his
presence
go
or
ride
armed
offensively
,
or
with
unusuall
number
of
servants
or
attendants
.
And
servants
and
labourers
that
bear
any
weapons
contrary
to
the
statute
of
12.
Ric.
2.
6
Any
person
by
him
suspected
to
be
inclined
to
break
the
Peace
.
7
If
the
Constable
bring
one
before
him
that
shall
threaten
to
kill
,
maim
,
or
beat
another
.
8
If
the
Constable
bring
one
who
in
his
presence
attempted
to
break
the
Peace
by
drawn
weapon
,
striking
or
assaulting
another
.
9
Whom
the
Constable
findeth
fighting
or
quarrelling
in
a
house
,
he
may
break
open
the
doore
,
and
bring
them
before
a
Iustice
of
Peace
to
be
bound
.
10
He
may
make
his
warrant
for
such
as
have
made
an
affray
,
and
binde
them
to
the
Peace
.
11
If
one
have
received
a
wound
,
he
may
binde
the
one
and
the
other
till
the
wound
be
cured
,
and
the
malice
over
.
12
Such
as
go
or
ride
armed
offensively
to
faires
or
markets
,
or
wear
or
carrie
dags
or
pistols
charged
.
13
Common
Barretours
.
14
Rioters
.
15
Him
that
standeth
bound
to
keep
the
Peace
,
and
hath
forfeited
his
recognisance
by
breach
of
the
Peace
,
and
will
not
be
bound
again
,
till
he
be
convicted
and
the
forfeiture
levied
.
Dal.
129.
Yet
Crom.
141.
saith
that
he
may
be
bound
anew
if
he
be
onely
convict
for
breaking
the
Peace
.
16
Him
that
standeth
bound
,
if
his
sureties
be
insufficient
.
Iustice
of
Peace
is
to
send
to
prison
him
that
refuseth
to
give
sureties
,
untill
he
finde
sureties
.
Dal.
129.
Lam.
17
Iustice
of
Peace
may
cause
one
to
be
arrested
to
finde
suretie
of
the
Peace
against
another
,
and
grant
a
warrant
for
it
:
for
he
might
have
bound
him
of
his
own
authoritie
.
Dal.
129.
At
the
request
of
another
he
may
command
suretie
of
the
Peace
,
but
must
first
take
an
oath
of
the
partie
that
demandeth
the
Peace
,
that
he
standeth
in
fear
of
his
life
,
or
of
some
bodily
hurt
,
or
to
have
his
house
burnt
.
Dal.
130.
Lam.
Causes
to
procure
suretie
of
the
Peace
.
1
He
that
is
threatned
to
be
hurt
in
bodie
,
as
to
be
beaten
,
wounded
,
maimed
,
or
killed
.
Dal.
130.
2
He
that
feareth
another
will
beat
,
wound
,
maim
,
or
kill
him
.
Dal.
130.
3
He
that
feareth
another
will
burn
his
house
.
Dal.
130.
4
He
that
feareth
that
A
will
procure
another
to
hurt
him
in
his
bodie
,
or
burn
his
house
.
Dal.
130.
5
If
a
man
lie
in
wait
to
beat
,
kill
,
or
hurt
another
.
Dal.
130.
Quaere
,
if
he
threaten
to
burn
his
goods
.
In
what
cases
a
man
shall
not
have
the
Peace
granted
.
1
To
threaten
and
to
imprison
him
.
Dalt
.
130.
Lam.
Crom.
135.
Quaere
tamen
.
2
Where
one
is
in
fear
that
a
man
will
hurt
his
servant
,
cattell
,
or
other
goods
.
Dal.
130.
Crom.
138.
a.
3
Because
he
is
at
variance
with
his
neighbour
.
Dalt
.
131.
4
Where
there
is
no
fear
of
present
or
future
danger
.
Dal.
131.
Lam.
5
For
a
battery
past
:
yet
a
Iustice
,
if
he
see
cause
,
may
binde
over
the
affrayers
.
Dal.
131.
Lam.
Iustice
of
Peace
may
denie
to
grant
suretie
of
the
Peace
,
if
it
be
upon
meer
vexation
;
yet
if
the
partie
will
take
his
oath
,
it
is
not
safe
to
denie
it
.
Dal.
131.
Against
whom
suretie
of
the
Peace
may
be
granted
.
Against
a
Knight
or
any
person
under
the
degree
of
a
Baron
.
Dal.
133.
Against
any
Ecclesiasticall
person
not
doing
divine
Service
in
the
Church
or
Churchyard
,
or
other
place
dedicated
to
God
.
Dal.
133.
One
Iustice
of
Peace
may
grant
the
surety
of
the
Peace
against
his
fellow
Iustice
.
Dal.
133.
One
Iustice
of
Peace
may
demand
the
Peace
against
another
man
.
The
wife
may
demand
the
Peace
against
her
husband
,
if
he
threaten
to
kill
her
,
or
outragiously
beat
her
,
or
have
notorious
cause
to
fear
it
;
and
the
husband
may
crave
the
Peace
against
his
wife
.
Dal.
133
,
134.
The
Peace
may
be
granted
to
a
feme-covert
,
or
an
infant
under
the
age
of
14
yeares
,
if
he
have
discretion
to
crave
the
Peace
;
but
they
must
be
bound
by
sureties
.
Dal.
134.
A
lunatick
may
crave
the
Peace
,
and
have
it
granted
him
.
Dal.
134.
It
may
be
granted
against
one
attainted
either
of
treason
or
of
felonie
,
Dalt
.
135.
or
convict
of
heresie
.
Dal.
163.
It
may
be
had
against
an
excommunicate
person
,
Dal.
135.
and
an
abjured
person
.
ibid.
It
may
be
had
against
one
attainted
in
Praemunire
,
and
against
an
alien
either
made
denizon
,
or
living
in
England
.
It
may
be
had
against
one
dumbe
and
blinde
,
so
against
an
impotent
person
.
Against
whom
the
Peace
cannot
be
granted
.
1
It
cannot
be
granted
against
any
Nobleman
,
or
Noblewoman
.
Dal.
131.
2
Against
one
non
sanae
memoriae
.
3
Against
one
born
dumbe
and
deaf
,
or
made
blinde
and
deaf
accidentally
:
he
may
have
understanding
,
and
the
Peace
may
be
granted
to
him
or
against
him
.
Dalt
.
163.
How
the
suretie
of
the
Peace
is
to
be
commanded
and
executed
.
A
Iustice
of
Peace
may
command
the
Peace
by
word
,
and
by
writing
.
By
word
.
The
partie
being
present
in
the
presence
of
the
Iustice
of
Peace
threatneth
,
or
maketh
an
assault
or
affray
upon
another
,
or
doth
any
other
act
tending
to
the
breach
of
the
Peace
.
Dal.
136.
Cro.
138.
Lam.
One
demandeth
the
surety
of
the
Peace
,
being
present
,
and
taketh
his
oath
he
is
affrayed
,
&c.
the
Justice
may
command
the
other
to
finde
surety
.
Dal.
136.
Cro.
138.
b.
Lam.
The
Justice
in
such
cases
may
command
the
Constable
or
other
known
officer
,
or
his
own
servant
being
present
,
to
arrest
such
party
to
finde
surety
of
the
Peace
,
and
may
commit
to
the
Goal
such
party
refusing
to
finde
surety
.
Dal.
Cro.
Lamb.
ibid.
By
writing
.
The
Justice
by
precept
or
warrant
in
writing
under
his
seal
directed
to
some
known
Officer
,
or
other
indifferent
person
,
containing
the
cause
and
at
whose
suit
,
to
the
end
the
parties
may
provide
the
sureties
and
take
them
with
them
.
Dal.
136.
Lam.
The
Justice
may
make
his
warrant
to
bring
the
party
before
him
,
but
the
usuall
manner
is
to
bring
the
party
before
the
same
Justice
or
some
of
the
Justices
of
the
County
.
Dal.
136
,
137.
288.
Who
may
serve
the
Warrant
,
vide
Warrant
.
The
Constable
is
first
to
acquaint
the
party
with
the
matter
in
the
Warrant
;
and
if
he
refuse
to
go
before
the
Justice
to
finde
sureties
,
he
may
arrest
him
and
carry
him
to
the
Goal
,
without
carrying
him
to
the
Justice
.
Dal.
137.
Lam.
If
the
party
yeeld
to
finde
suretie
,
the
Officer
is
not
bound
to
go
up
and
down
with
him
,
but
may
keep
him
untill
he
can
procure
sureties
to
come
to
him
;
if
afterward
he
make
resistance
or
offer
to
go
away
,
he
may
by
his
warrant
carry
him
to
the
Goal
and
set
him
in
the
stocks
till
he
can
get
ayd
to
convey
him
to
the
Goal
.
Dal.
137.
The
arrest
is
not
justifiable
except
the
Officer
do
carry
him
to
the
Goal
that
refuseth
to
finde
sureties
.
Cro.
171.
b.
Dal.
138.
The
party
may
go
before
any
other
Justice
(
if
the
warrant
proceed
ex
officio
)
to
offer
the
sureties
,
but
cannot
force
the
Officers
to
travell
out
of
the
division
where
they
dwell
.
Nay
it
is
at
the
election
of
the
officer
to
carry
the
party
to
any
other
Justice
,
rather
then
to
give
the
election
to
the
delinquent
.
Dal.
138.
The
party
coming
before
the
Iustice
is
to
offer
his
sureties
,
or
else
the
Iustice
is
to
commit
him
,
for
the
Iustice
needeth
not
to
command
them
.
Dal.
137.
If
the
party
refuse
before
the
Iustice
of
Peace
to
finde
sureties
,
the
Officer
by
the
first
Warrant
may
commit
him
.
Dal.
138.
The
Officer
is
fineable
if
he
arrest
the
party
,
and
do
not
carry
him
before
a
Iustice
of
Peace
,
if
he
be
willing
to
finde
sureties
;
secondly
if
upon
refusall
they
arrest
him
,
and
do
not
carry
him
to
the
Goal
.
Dal.
138.
The
party
being
imprisoned
,
the
Iustice
of
Peace
may
make
him
his
libertie
;
first
,
if
the
complainant
die
;
secondly
,
if
he
do
enter
suretie
of
the
Peace
.
Dal.
138.
If
the
imprisoned
have
a
suit
depending
in
the
common
pleas
,
by
some
opinions
,
the
imprisoned
may
be
discharged
by
a
writ
of
priviledge
.
Quaere
tamen
,
Dal.
138.
Cro.
38.
a.
Lam.
A
sworn
and
known
Officer
needeth
not
to
shew
his
Warrant
,
but
the
servant
of
the
Iustice
must
shew
it
if
it
be
required
.
Dal.
281.
Lam.
89.
If
husband
and
wife
be
bound
to
appeare
,
and
in
the
mean
time
to
keep
the
Peace
,
and
the
husband
onely
appeareth
,
the
recognisance
is
not
forfeited
.
Dal.
146.
Cro.
144.
b.
Suspicion
and
suspects
of
felonie
.
A
suspect
of
felonie
ought
not
to
be
arrested
by
a
warrant
from
a
Iustice
of
Peace
,
unlesse
he
be
endited
before
;
for
if
the
bailiffe
which
serveth
the
warrant
doth
suspect
him
,
he
may
do
it
of
himself
without
a
warrant
;
and
without
suspicion
the
Iustices
warrant
is
no
warrant
.
Lam.
188.
Dal.
289.
Crom.
147.
b.
148.
b.
197.
a.
Quaere
.
Suspicion
onely
without
felonie
committed
is
no
cause
to
arrest
another
.
Dal.
228
,
274.
Cro.
154.
a.
A
felonie
being
committed
,
every
man
may
arrest
suspicious
persons
that
be
of
evil
fame
,
&c.
and
if
such
person
make
resistance
,
the
other
may
justifie
to
beat
him
.
Dal.
295.
The
Constable
or
other
person
that
arresteth
one
for
felonie
or
suspicion
,
must
himself
suspect
.
Dal.
268
,
296.
Crom.
Swannes
.
Taking
away
from
his
own
or
another
mans
ground
Swannes
of
another
mans
,
upon
conviction
and
examination
of
witnesses
is
imprisonment
for
a
yeare
and
a
day
,
and
losse
of
ten
pound
.
Lam.
To
steal
Swannes
unmarked
,
if
they
be
domiti
,
and
kept
in
a
mans
manour
or
private
rivers
,
is
felonie
.
Dal.
262.
edit.
1626.
Swearing
.
He
that
sweareth
or
curseth
,
being
convicted
by
hearing
of
any
Iustice
of
the
Peace
,
or
by
oath
of
two
witnesses
,
or
confession
of
the
partie
before
a
Iustice
of
Peace
,
loseth
12
pence
to
the
poore
to
be
levied
by
distresse
,
the
offence
being
proved
within
20
dayes
,
or
for
default
of
a
distresse
to
be
set
in
the
stocks
three
houres
.
21.
Jac.
20.
The
offender
being
under
twelve
yeares
of
age
,
and
not
forthwith
paying
his
12
pence
,
by
warrant
of
a
Iustice
of
Peace
,
or
head-officer
,
is
to
be
whipped
by
the
Constable
,
or
by
the
parent
or
master
in
his
presence
.
ibid.
Taxations
,
vide
Stock
of
the
Shire
.
TAxations
made
for
a
Commonwealth
,
as
making
or
mending
of
bridges
,
high-wayes
,
causeys
,
sea-banks
,
&c.
shall
be
upon
all
persons
though
they
assent
not
.
Dal.
137.
edit.
1626.
Talebearers
,
vide
News
.
Tavern-keeper
.
Assignment
of
such
as
shall
keep
a
Tavern
to
utter
wine
,
is
to
be
made
at
the
generall
Sessions
,
unlesse
it
be
otherwise
by
especiall
grant
.
7.
E.
6.
5.
Lam.
614.
Testimoniall
.
Testimoniall
under
the
hand
of
one
Iustice
of
Peace
sealed
,
is
sufficient
to
passe
in
hay-time
and
harvest-time
from
one
Countie
to
another
.
Lam.
190.
In
all
testimonials
and
pasports
,
some
assured
marks
of
the
partie
,
by
which
he
may
infallibly
be
distinguished
and
known
from
others
,
are
fit
to
be
specified
.
Lam.
206.
Testimoniall
for
a
serving-man
turned
from
his
masters
service
,
or
whose
master
is
dead
,
ought
to
be
made
by
two
Iustices
of
Peace
.
27.
Elis
.
11.
Lam.
331.
Dal.
●o
.
Theft
.
Theft
is
a
fraudulent
and
felonious
taking
of
another
mans
personall
goods
,
in
the
absence
of
the
owner
,
and
without
his
knowledge
.
Dalt
.
229.
Lam.
272.
Theft
is
either
Grand-larcenie
,
or
Pettie-larceny
.
Grand-larcenie
is
when
goods
stollen
are
above
12
pence
,
and
it
is
felonie
of
death
,
except
the
partie
be
saved
by
his
book
.
Dal.
229.
Yet
if
the
goods
be
of
more
value
,
and
the
Iurie
finde
it
did
not
exceed
12
pence
,
it
is
not
grand-larcenie
.
Dal.
229.
Pettie-larcenie
is
if
the
goods
do
not
exceed
12
pence
,
and
is
not
felonie
of
death
,
but
imprisonment
for
some
time
,
or
whipping
,
or
some
other
punishment
by
the
discretion
of
the
Iustice
before
whom
the
party
is
arraigned
.
Dal.
229.
For
pettie-larcenie
,
the
Iustice
of
Peace
before
whom
the
offender
shall
be
brought
,
is
not
to
punish
him
,
but
either
to
send
him
to
the
house
of
correction
,
or
to
bail
him
.
ibid.
Pettie-larcenie
is
forfeiture
of
goods
and
chattels
.
Six
pence
,
foure
pence
,
and
three
pence
,
being
taken
by
one
at
severall
times
from
one
and
the
same
person
,
may
be
put
together
in
one
enditement
.
Dal.
230.
Lam.
273.
If
two
,
or
more
,
steal
above
12
pence
from
one
,
it
is
felonie
of
death
in
every
one
.
Dal.
230.
Lam.
273.
The
manner
.
To
make
an
act
larcenie
,
there
must
be
first
a
taking
,
secondly
a
carrying
away
.
Dal.
230.
Lam.
277
Yet
it
may
be
felonie
though
the
offender
came
to
it
by
the
deliverie
of
the
owner
.
Lam.
278.
As
,
A
Taverner
setteth
plate
before
his
guests
to
drink
in
,
and
his
guests
carrie
it
away
;
it
is
felonie
.
Dalt
.
230.
Lam.
278.
Crom.
35.
b.
A
carrier
carrieth
goods
to
him
delivered
to
the
place
appointed
,
and
there
breaketh
them
up
,
and
imbezelleth
them
;
it
is
felonie
.
Dal.
230.
Cro.
36.
a.
Lam.
279.
A
carrier
taketh
out
parcels
of
the
goods
to
him
delivered
;
it
is
felonie
.
Dal.
231.
Crom.
36.
a.
A
carrier
conveyeth
them
to
another
place
,
and
there
breaketh
them
up
,
and
conveyeth
part
or
all
to
his
own
use
;
it
is
felonie
.
Dal.
231.
Lam.
278.
Where
,
after
deliverie
,
the
imbezelling
is
no
felonie
.
A
carrier
imbezelling
the
whole
.
Lam.
278.
A
stranger
borroweth
a
horse
and
rideth
away
.
A
clothier
delivereth
his
wool
to
his
work-folk
.
One
delivereth
his
goods
to
another
to
keep
.
One
delivereth
money
to
A
,
to
pay
B.
Felonie
in
servants
by
force
of
statute
,
5.
Elis.
10.
Servant
of
the
age
of
14
yeares
(
other
then
an
apprentice
)
to
whom
any
money
,
goods
,
or
chattels
,
&c.
by
force
of
the
statute
,
by
his
master
or
mistresse
shall
be
delivered
to
keep
,
of
the
value
of
40
shillings
or
above
;
if
he
go
away
with
,
or
convert
the
same
to
his
own
use
,
with
intent
to
steal
the
same
,
or
to
defraud
his
master
or
mistresse
,
it
is
felonie
,
if
it
be
prosecuted
within
a
yeare
.
Dal.
231
,
232.
Lam.
279.
Wherein
are
divers
cases
.
A
man
receiveth
of
his
master
20
pound
in
gold
to
keep
,
which
he
changeth
into
silver
,
and
runneth
away
with
it
,
they
are
both
of
one
nature
,
therefore
felonie
.
Dal.
232.
Cro.
35.
a.
Lam.
280.
One
servant
delivereth
to
his
fellow
servant
to
the
value
of
40
shillings
of
his
masters
goods
,
and
goeth
away
with
it
,
or
converteth
it
to
his
own
use
;
it
is
felonie
.
Dalt
.
232.
Cro.
50.
a.
Lam.
280.
A
servant
maketh
a
garment
of
his
masters
cloth
,
and
goeth
away
therewith
,
it
is
felonie
.
Dal.
232.
Cro.
50.
a.
Quare
of
barley
converted
into
malt
,
or
money
melted
into
a
piece
of
metall
.
Dal.
ibid.
An
obligation
is
delivered
unto
a
servant
,
and
he
goeth
away
with
the
money
received
upon
the
same
obligation
;
it
is
no
felonie
within
the
statute
of
5
Elis.
10.
for
the
master
delivereth
not
the
money
.
Dal.
232.
Cro.
35.
b.
50.
a.
The
servant
carrieth
his
masters
wares
to
market
,
selleth
them
and
goeth
away
with
the
money
,
or
converteth
it
to
his
own
use
;
it
is
not
felonie
within
the
statute
of
5.
Elis
10.
Dalt
.
232.
Crom.
50.
●
.
Lam.
280.
A
receiver
receiveth
rents
,
and
goeth
away
with
them
,
it
is
no
felonie
;
for
the
statute
is
,
where
the
master
delivereth
to
keep
.
Dal.
232.
Crom.
50.
a.
I
deliver
to
my
servant
a
horse
to
fide
to
market
,
or
money
to
buy
things
or
pay
another
,
and
he
goeth
away
with
it
;
it
is
no
felonie
at
the
Common-law
,
for
it
was
of
his
masters
deliverie
.
Dal.
232.
Crom.
25.
b.
Quaere
if
it
be
not
felonie
by
5.
Elis
.
10
A
servant
keepeth
the
key
of
his
masters
chamber
doore
,
and
taketh
away
above
the
value
of
12
pence
;
it
is
felonie
at
the
Common-law
,
for
they
were
not
delivered
him
.
Dalt
.
233.
Lam.
279.
A
guest
taketh
the
sheets
or
other
goods
of
the
hoste
feloniously
into
some
other
room
of
the
house
,
it
is
felonie
.
Dal.
232.
Cro.
35.
a.
Lam.
281.
Not
enquirable
.
A
man
feloniously
taketh
an
horse
,
and
is
apprehended
before
he
gets
out
of
the
close
where
he
went
.
Dal.
16.
Lam.
16.
A
servant
taketh
away
or
spoileth
his
deceased
masters
goods
;
in
default
of
appearance
in
the
Kings
Bench
after
proclamation
,
it
is
felonie
.
Dalt
.
233.
Crom.
56.
a.
33.
H.
6.
1.
Not
enquirable
before
a
Justice
of
Peace
.
To
take
a
horse
feloniously
,
and
be
apprehended
before
he
get
out
of
the
close
.
Dal.
233.
Lam.
281.
Of
what
things
felonie
may
be
committed
.
Of
moveable
goods
,
as
money
,
plate
,
apparell
,
houshold-stuffe
,
&c.
so
of
corn
,
hay
,
trees
,
fruit
,
&c.
being
severed
from
the
ground
.
Dal.
233.
Of
domesticall
things
,
as
horses
,
mares
,
colts
,
oxen
,
kine
,
sheep
,
lambes
,
swine
,
pigs
,
hennes
,
geese
,
ducks
,
turkeys
,
or
any
other
domesticall
beasts
or
birds
of
tame
nature
,
though
they
runne
or
fly
away
out
of
the
owners
sight
,
the
detainer
is
punishable
by
action
.
Dalt
.
261.
edit.
1626.
Of
wilde
nature
,
young
pigeons
out
of
another
mans
dove-house
,
young
hawks
or
herons
breeding
in
parks
or
severall
grounds
,
fishes
kept
in
a
trunk
or
pond
.
Dal.
233.
Cro.
36.
b.
Stam.
25.
Lam.
274.
Quaere
of
old
doves
in
a
dove-house
.
So
swannes
marked
,
and
at
large
,
and
tame
deere
marked
and
domesticall
,
if
the
taker
know
it
to
be
tame
.
Dal.
233.
Cro.
36.
b.
Lam.
275.
By
statute
it
is
felonie
to
hunt
deere
,
or
conies
after
some
sort
in
park
,
forrest
,
or
warren
,
or
to
take
a
tame
beast
or
other
thing
in
a
park
,
by
manner
of
robbery
.
Dalt
.
234.
Vide
3.
E.
4.
1.
Hen.
7.
7.
Lam.
275.
So
to
take
away
or
conceal
an
hawk
.
ibid.
To
steal
the
flesh
of
tame
or
wilde
fowl
dead
,
is
felonie
.
Dal.
235.
Stam.
25.
Lam.
To
pull
wool
off
the
sheeps
backs
,
or
to
kill
them
for
their
skinnes
.
Dal.
225.
Cro.
36.
b.
Lam.
ibid.
A
man
may
commit
felonie
in
taking
his
own
goods
:
as
,
I
lend
or
deliver
goods
to
another
to
keep
,
and
after
take
them
away
feloniously
or
fraudulently
,
to
recover
the
same
by
action
of
Detinue
.
Dal.
136.
Cro.
37.
b.
Stam.
26.
a.
Lam.
277.
I
lend
or
deliver
my
plate
or
goods
to
another
who
melteth
my
plate
,
or
changeth
the
fashion
of
my
goods
;
to
take
them
feloniously
is
felonie
in
me
.
Dal.
236.
Cro.
37.
a.
Lam.
237.
If
a
man
pursue
and
take
a
felon
that
hath
stollen
his
goods
,
taketh
them
and
suffereth
the
thief
to
escape
,
he
is
no
accessary
;
for
he
may
agree
civiliter
&
criminaliter
in
initio
.
Dalt
.
253.
Lam.
290.
Terms
of
Law
.
Cro.
37.
a.
45.
b.
42.
b.
P.
R.
131.
If
the
partie
robbed
take
money
,
&c.
of
the
thief
,
to
the
end
that
he
shall
not
give
evidence
against
him
,
whereby
the
thief
escapeth
,
he
is
accessarie
to
felonie
of
his
own
goods
.
Dal.
252.
Lam.
290.
Cro.
ibid.
Quaere
,
if
a
man
having
made
complaint
to
a
Justice
of
Peace
,
take
his
stollen
goods
again
,
and
doth
not
prosecute
the
matter
,
whether
it
make
him
not
accessary
,
for
that
he
did
once
agree
criminaliler
,
Dalt.
252.
Of
what
things
felonie
is
not
committed
.
Things
which
are
reall
chattels
.
Lam.
275
,
276.
Dalt
.
235.
To
cut
down
any
tree
or
corn
,
or
pull
any
apples
or
carry
them
away
.
Dal.
253.
Lam.
276.
Being
cut
and
gathered
for
one
,
and
then
for
another
to
carry
them
away
,
it
is
felonie
:
or
if
a
stranger
cut
at
one
time
,
and
carry
away
at
another
time
,
it
is
felonie
.
Dalt
.
234.
Cro.
36.
b.
Lam.
276.
Lead
upon
an
house
or
Church
is
part
of
the
freehold
.
Dal.
234.
Cro.
37.
a.
Evidence
of
a
mans
land
,
indenture
of
lease
,
or
other
writings
in
box
or
out
of
box
,
cannot
be
valued
.
Dal.
234.
Lam.
275.
To
take
away
an
infant
in
ward
,
is
no
felonie
.
Dalt
.
135.
Lam.
276.
Treasure
trove
or
hidden
,
wreck
of
the
sea
,
goods
waived
or
strayed
;
for
the
owner
is
unknown
.
Lam.
276.
Dal.
236.
But
felonie
may
be
committed
by
taking
bona
ignoti
,
or
mortui
&
ignoti
,
or
parochianorum
,
or
of
a
Church
or
Chappel
,
or
of
a
Corporation
.
Dalt
.
236.
Lam.
276
,
277.
What
persons
are
chargeable
in
larcenie
.
A
woman
covert
by
her self
,
her
husband
not
knowing
thereof
,
committeth
larcenie
as
principal
,
if
she
steal
another
mans
goods
;
or
as
accessarie
,
if
she
receiveth
the
thief
that
stole
them
,
or
receiveth
the
stollen
goods
into
her
house
,
knowing
them
to
be
so
,
or
locketh
them
up
,
and
the
husband
knowing
thereof
,
the
law
will
impute
the
fault
to
him
,
not
to
her
:
but
if
the
husband
so
soon
as
he
knoweth
it
,
forsake
his
house
and
her
companie
,
and
remain
elswhere
,
he
shall
not
be
charged
for
her
offence
.
Dal.
237.
Stam.
26.
P.
R.
130.
Lam.
282.
The
husband
delivereth
goods
to
a
stranger
,
the
wife
stealeth
them
from
the
stranger
;
it
is
felonie
in
the
wife
.
Dal.
237.
A
stranger
goeth
away
with
another
mans
wife
,
and
against
her
will
carrieth
away
her
husbands
goods
;
it
is
felonie
in
the
stranger
.
Dal.
237.
Cro.
35.
b.
P.
R.
130.
A
servant
stealeth
by
the
compulsion
of
his
master
,
it
is
felonie
in
both
.
Dal.
237.
Crom.
37.
a.
Who
are
not
felons
.
A
wife
stealeth
by
the
compulsion
of
her
husband
,
it
is
no
felonie
in
her
.
Dal.
236.
Cro.
36.
b.
Lam.
282.
But
to
do
murder
by
her
husbands
compulsion
,
is
felonie
in
both
.
Dal.
236.
Cro.
37.
A
wife
stealeth
by
commandment
of
her
husband
without
constraint
,
quaere
Dal.
236
,
237.
Stam.
26.
P.
R.
130.
The
husband
and
wife
together
steal
goods
,
it
is
felony
in
the
husband
onely
.
Dal.
Sta.
26.
Lam.
282.
A
wife
stealeth
goods
delivered
to
her
husband
,
it
is
no
felonie
.
Dal.
237.
Cro.
37.
a.
The
wife
stealeth
her
husbands
goods
,
and
delivereth
them
to
strangers
,
it
is
felonie
in
neither
.
Dal.
237.
Cro.
35.
a.
Stam.
27.
Lam.
282.
The
wife
receiveth
the
husband
being
a
felon
,
&
relieveth
him
,
she
is
no
accessary
.
Dal.
252.
Cro.
42.
b.
Stam.
26.
An
idiot
,
lunatick
,
dumbe
and
deaf
person
,
and
an
infant
,
are
chargeable
in
larcenie
after
the
same
sort
as
they
are
chargeable
in
homicide
.
Dal.
237.
Lam.
282.
Vide
Manslaughter
.
Threatning
.
He
that
shall
be
threatned
to
be
hurt
in
his
bodie
,
to
be
beaten
,
wounded
,
impaired
,
maimed
,
killed
,
may
crave
and
have
the
Peace
against
the
other
.
Dal.
130.
Lam.
82.
If
a
man
be
threatned
to
have
his
house
burned
,
quaere
if
he
may
have
the
Peace
,
Dal.
130.
To
threaten
to
imprison
a
man
,
is
no
cause
of
the
craving
of
the
Peace
;
for
the
wronged
may
have
his
action
of
false
imprisonment
,
his
Writ
de
homine
replegiando
.
Dal.
130.
Lam.
82
,
83.
Quaere
.
To
enter
peaceably
into
an
house
,
&c.
and
put
out
B
,
and
presently
threaten
and
say
to
B
,
that
if
he
do
come
thither
again
to
enter
,
he
will
kill
him
;
this
seemeth
a
forcible
entrie
:
and
if
B
come
again
to
make
his
entry
,
then
if
the
other
shall
threaten
to
kill
him
if
he
entreth
,
it
is
a
forcible
detainer
.
Dal.
170.
Cro.
70.
b.
Tile-making
.
One
Iust.
of
P.
may
enquire
,
heare
,
and
determine
by
his
discretion
,
as
well
by
examination
of
the
offender
as
otherwise
,
the
offence
committed
in
tile-making
,
and
assesse
the
fine
therein
limited
,
&
may
appoint
men
skilful
to
be
searchers
.
Quaere
tamen
whether
one
may
do
it
alone
.
Lam.
193
,
194.
Dal.
123.
17.
E.
4.
4.
Earth
for
tile
is
to
be
digged
before
the
first
of
November
,
and
to
be
turned
and
stirred
before
the
first
of
February
following
,
and
to
be
tryed
from
stones
,
veins
,
&
chalk
,
and
not
to
be
wrought
before
March
following
,
or
lose
double
the
value
to
the
buyer
.
17.
E.
4.
4.
Lam.
468.
Plain
tile
put
to
sale
,
is
to
be
10
inches
and
an
half
long
,
6
inches
and
a
quarter
broad
,
3
quarters
of
an
inch
thick
,
or
lose
5
shillings
a
thousand
.
17.
E.
4.
4.
Lam.
468.
Roof
tile
must
be
13
inches
long
,
half
inch
and
half
quarter
of
an
inch
thick
,
conveniently
deep
,
or
lose
6
shill.
8
pence
an
hundred
.
ibid.
Gutter
tile
must
be
10
inches
and
an
half
long
,
of
convenient
breadth
,
depth
and
thicknesse
,
or
lose
2
shill.
an
hundred
.
ibid.
Searchers
of
tile
,
for
every
default
in
searching
,
lose
10
shill.
ibid.
Tipling
.
The
Inne-keeper
,
Victualler
,
or
Alehouse-keeper
,
that
suffereth
any
to
continue
tipling
in
his
house
,
shall
forfeit
10
shill.
1.
Jac.
9.
7.
Jac.
10.
1.
Car.
4.
Lam.
192.
Any
continuing
tipling
in
an
Inne
,
Victualling-house
,
or
Alehouse
,
shall
forfeit
3
shill.
4
pence
to
the
poore
,
or
not
being
able
to
pay
the
same
,
shall
sit
in
the
stocks
4
houres
.
1
Jac.
9.
7.
Jac.
10.
21.
Jac.
10.
Lam.
193.
Vide
Alehouses
.
Tithes
.
Two
Justices
of
Peace
,
one
being
of
the
Quorum
,
upon
complaint
by
any
competent
Judge
of
tithes
,
for
any
misdemeanour
of
the
defendant
in
a
suit
of
tithes
,
may
cause
him
to
be
attached
and
committed
to
ward
,
till
he
finde
surety
by
recognisance
to
obey
the
sentence
and
processe
of
the
Judge
.
27.
H.
8.
20.
27.
Elis
.
11.
Dalt
.
113.
Lam.
357.
Upon
complaint
in
writing
by
an
Ecclesiasticall
Judge
that
hath
given
definitive
sentence
in
case
of
tithes
,
against
one
wilfully
refusing
to
pay
the
tithes
or
summe
of
money
adjudged
,
two
such
Justices
of
Peace
may
cause
the
party
to
be
attached
and
imprisoned
,
till
he
finde
surety
to
perform
the
sentence
.
32.
H.
8.
20.
Dalt
.
113.
Cro.
197.
a
Lam.
357.
Toll
.
Miller
taking
Toll
by
heap
measure
,
is
to
be
fined
.
31.
Ed.
1.
de
pistoribus
.
Lam
461.
Miller
taking
excessive
Toll
,
(
viz.
)
more
then
the
twentieth
or
twenty
fourth
part
of
the
Corn
according
to
the
force
of
the
water
,
or
by
a
Toll-dish
not
agreeing
with
the
Kings
measure
,
or
otherwise
then
by
strike
,
shall
be
grievously
amerced
,
51.
H.
3.
Cro.
92.
a.
A
Miller
shall
have
toll
of
a
bushell
of
hard
Corn
3
wine
pints
,
and
of
a
bushell
of
Malt
but
one
pint
,
if
the
Corn
be
brought
to
the
Mill
;
for
that
a
Mill
will
grinde
3
bushels
of
Malt
as
soon
as
one
bushell
of
hard
Corn.
Cro.
92.
a.
Quaere
,
for
51.
H.
3.
doth
not
expresse
so
much
.
Vide
Dalt.
117.
Toll-gatherer
for
himself
taking
above
a
peny
for
one
contract
or
entring
the
parties
names
,
and
that
in
the
same
place
onely
where
the
market
or
fair
is
,
and
between
10
of
the
clock
in
the
morning
and
sunne
setting
,
loseth
10
shill.
and
is
to
answer
the
party
grieved
.
2
&
3.
P.
&
M.
4.
Lam.
471
,
472.
Toll-taker
not
knowing
the
seller
of
an
horse
,
mare
,
&c.
the
seller
may
bring
one
credible
witnesse
that
will
testifie
he
knoweth
the
sellers
name
,
mystery
&
dwelling-place
,
and
there
to
enter
them
with
the
true
price
of
the
horse
,
or
loseth
5
pound
.
3.
Elis
.
12.
Cro.
19.
a.
Lam.
472.
Any
giving
testimony
to
the
toll-taker
,
unlesse
he
do
truely
know
the
same
,
loseth
5
pound
.
ibid.
Toll-taker
refusing
to
give
to
the
buyer
or
taker
of
such
an
horse
,
&c.
a
true
note
in
writing
of
his
entry
,
the
party
paying
2
pence
for
the
same
,
loseth
5
pound
.
ibid.
Transportation
.
Every
man
may
transport
corn
,
it
being
at
the
prices
following
,
except
it
be
forbidden
by
proclamation
.
1.
Jac.
25.
|
Wheat
|
a
quarter
|
26
shill.
|
|
Rye
and
Pease
|
15
shill.
|
|
Barley
and
Oats
|
13
shill.
|
Every
subject
born
within
the
Realm
,
when
the
prices
of
corn
at
the
times
,
places
,
and
havens
when
and
where
the
said
corn
shall
be
brought
,
shipped
or
laden
,
exceed
not
the
rates
following
,
may
carry
and
transport
of
his
own
,
and
buy
to
sell
again
in
markets
,
or
out
of
markets
,
and
to
keep
,
or
sell
,
or
carry
,
or
transport
any
of
the
said
corn
from
the
places
where
they
shall
be
of
such
prices
,
unto
any
parts
beyond
the
seas
in
amity
with
his
Majesty
in
English
vessels
,
or
carry
or
sell
in
English
vessels
,
or
carry
or
sell
in
other
places
within
the
realm
,
except
where
such
transportation
shall
be
forbidden
by
the
Kings
Proclamation
.
3.
Car.
4.
|
Wheat
|
a
quarter
|
22
shill.
|
|
Rye
,
Pease
and
Beans
|
20
shill.
|
|
Barley
|
16
shill.
|
Every
man
may
transport
any
beer
,
when
the
price
of
a
quarter
of
Malt
exceedeth
not
16
shill.
3.
Jac.
11.
Traverse
.
Traverse
is
the
denying
of
the
chief
matter
in
an
enditement
.
Lamb.
540.
Traverse
upon
a
forcible
entry
or
detainer
found
upon
presentment
,
quaere
before
whom
the
traverse
is
to
be
made
or
tendred
,
Lam.
158.
Notwithstanding
offer
of
traverse
upon
enquiry
of
a
force
,
the
Justice
of
Peace
must
make
the
restitution
by
the
statute
of
8.
H.
6.
or
else
deliver
or
certifie
the
presentment
in
the
Kings
Bench.
Lam.
158.
Dalt
.
45.
93.
189.
Traverse
lyeth
where
one
Iustice
of
Peace
alone
will
take
upon
him
to
record
a
Riot
that
he
seeth
,
and
the
party
shall
not
be
concluded
thereby
.
Lam.
182.
Traverse
of
an
enditement
of
felony
or
treason
is
not
usuall
.
Lam.
541.
Traverse
of
an
enditement
may
be
before
the
Iustice
of
Peace
.
Lam.
542.
If
the
Court
where
the
presentment
is
,
cannot
award
processe
thereof
,
it
cannot
traverse
the
presentment
,
as
a
leet
of
bloudshed
.
Lam.
542.
The
Court
may
award
processe
ad
respondendum
upon
an
enditement
,
and
may
take
a
traverse
of
it
.
Lam.
543.
Presentment
of
bloudshed
found
in
the
Sheriffs
turn
,
and
sent
to
the
Iustice
of
Peace
,
cannot
be
traversed
before
them
.
Lam.
542.
One
of
the
enquests
presents
himself
,
it
is
not
traversable
.
Lam.
543.
Travelling
beyond
the
seas
.
Officer
of
Ports
,
or
owner
of
a
vessell
,
suffering
any
woman
or
childe
under
21
yeares
of
age
,
except
Saylers
shipboyes
,
Apprentices
or
Factors
of
Merchants
in
their
trades
,
to
go
,
or
carying
any
of
them
beyond
sea
without
license
of
the
King
or
six
of
the
Privie
Councell
under
their
hands
,
such
Officer
of
the
Ports
forfeiteth
h●…
office
and
all
his
goods
,
and
the
master
of
the
vessel
his
vessell
and
imprisonment
without
bayl
for
12
moneths
,
and
loseth
also
all
his
goods
.
1.
Jac.
4.
Any
subject
going
beyond
the
feas
to
serve
any
forrain
State
,
not
taking
the
oath
of
alleageance
before
the
Controller
or
Customer
of
the
Port
,
or
either
of
their
deputie
or
deputies
before
his
going
,
shall
be
a
felon
:
the
oath
by
them
to
be
registred
and
certified
into
the
Exchequer
once
every
yeare
,
or
lose
5
pound
for
every
oath
not
certified
.
3.
Ja.
4.
Any
Gentleman
,
or
of
an
higher
degree
,
or
Captain
,
or
other
Officer
in
the
army
before
his
going
beyond
sea
to
serve
any
forrain
Prince
or
State
,
must
be
bound
by
the
Controller
or
the
Customer
of
the
Port
,
with
two
sureties
allowed
by
the
Officer
,
unto
the
King
in
20
pound
,
with
condition
not
to
be
reconciled
to
the
Pope
,
nor
to
practise
any
thing
against
the
King
,
but
knowing
any
thing
to
reveal
it
:
the
same
bond
to
be
by
them
registred
and
certified
into
the
Exchequer
once
every
yeare
,
or
lose
5
pound
for
every
default
.
3.
Jac.
4.
Children
not
being
Souldiers
,
Mariners
,
Merchants
Apprentices
or
Factors
,
going
beyond
sea
without
license
of
the
King
or
six
of
the
Privie
Councell
,
(
whereof
the
principall
Secretary
to
be
one
)
under
their
hands
and
seals
,
shall
take
no
benefit
by
descent
or
otherwise
of
any
lands
,
leases
,
goods
or
chattels
,
untill
he
or
they
being
18
yeares
old
or
above
,
take
the
oath
of
Alleageance
before
one
Iustice
of
Peace
of
the
County
where
the
parents
dwelt
or
dwell
:
And
in
the
mean
time
the
next
of
kinne
,
being
no
Popish
Recusant
,
to
enjoy
them
till
he
shall
conform
to
take
the
said
oath
of
Alleageance
,
and
receive
the
Sacrament
of
the
Lords
Supper
,
and
then
to
accompt
to
him
for
the
mean
profits
,
and
in
reasonable
time
to
make
payment
thereof
.
And
the
senders
lose
100
pound
,
one
third
part
thereof
to
the
King
,
another
to
the
suitour
,
another
to
the
poore
.
3.
Jac.
5.
Vide
Transportation
.
Traveller
.
Innekeeper
or
Alehouse-keeper
refusing
to
lodge
a
traveller
,
Iustice
of
Peace
or
Constable
may
compell
him
.
Quaere
how
,
viz.
to
present
the
offence
at
the
Assises
or
Sessions
.
Dalt
.
25.
Sr.
James
Lee
delivered
that
the
Innekeeper
or
Alehouse-keeper
may
for
the
same
be
endited
,
fined
,
and
imprisoned
,
or
the
party
grieved
might
have
his
action
.
Dalt
.
28.
Ed.
1626.
Treason
.
Treason
is
a
grievous
offence
done
or
committed
against
the
King
in
his
person
,
the
Queen
his
wife
,
his
children
,
Realm
,
or
authoritie
.
Dalt
.
198.
As
,
To
compasse
the
death
of
the
King
,
Queen
his
wife
,
or
of
their
eldest
sonne
and
heire
;
or
to
intend
any
of
their
deaths
,
though
it
be
not
offered
.
Dalt
.
198.
To
deflowre
the
Kings
wife
,
his
eldest
daughter
being
unmarried
,
or
his
eldest
sonnes
wife
.
Dalt
.
198.
To
levie
warre
against
the
King
in
his
Realm
.
Dalt
.
198.
To
conspire
to
levie
warre
against
the
King
.
Dalt
.
198.
To
conspire
with
a
Governour
of
another
countrey
to
invade
the
Realm
.
Dal.
198.
To
kill
one
that
is
sent
on
the
Kings
message
.
Dalt
.
198.
To
encounter
in
fight
and
kill
such
as
be
assisting
to
the
King
in
his
warres
,
or
come
to
help
the
King
ibid.
To
aid
the
Kings
enemies
in
his
Realm
.
Dalt
.
199.
To
counterfeit
the
Kings
great
seal
,
signet
,
manuall
,
Privie-signet
,
or
Privie-Seal
.
Dalt
.
199.
To
take
an
old
seal
and
put
it
to
a
new
patent
,
quaere
whether
treason
or
misprision
,
Dal.
199.
And
so
of
those
that
without
authoritie
set
the
Kings
seal
upon
any
writing
,
or
fraudulently
thrust
a
writing
amongst
others
to
seal
,
and
so
get
it
fealed
.
Dal.
199.
To
counterfeit
the
Kings
coin
,
or
any
coin
currant
within
the
Realm
.
Dal.
199.
To
bring
in
any
false
money
,
knowing
it
to
be
false
.
Dal.
199.
If
he
which
hath
the
Kings
warrant
to
coin
,
doth
coin
money
in
England
,
Ireland
,
or
elswhere
lesse
in
weight
then
ordinarie
,
or
coineth
false
metall
.
Dal.
199.
All
counsellers
,
procurers
,
consenters
,
or
aiders
of
any
the
forenamed
treasons
,
are
within
purview
of
the
statute
of
25
Elis
.
for
in
treason
all
offenders
are
principall
.
ibid.
To
kill
the
Kings
Chancellour
,
Treasurer
,
Justice
in
Eyre
,
of
Assise
,
of
Oyer
and
Terminer
,
being
in
his
place
and
doing
his
office
,
is
high
treason
.
Dal.
199.
To
extoll
the
authoritie
of
the
Bishop
of
Rome
within
any
of
the
Kings
dominions
,
and
the
procurers
,
counsellers
,
aiders
and
maintainers
thereof
,
the
first
offence
is
Praemunire
,
the
second
treason
.
1.
Elis.
15.
5.
Elis
.
1.
Dal.
100.
Lam.
So
to
bring
over
any
books
that
shall
maintain
,
set
forth
,
or
defend
such
authoritie
,
and
the
readers
and
hearers
that
shall
justifie
them
.
Dalt
.
200.
So
deliverers
of
such
books
to
others
,
with
allowance
and
liking
of
the
same
.
Dal.
200.
So
the
printers
and
utterers
of
such
books
be
all
within
the
meaning
of
the
statute
5.
Elis
.
1.
Dalt
.
201.
Refusing
the
oath
of
Supremacie
,
the
first
offence
is
Praemunire
,
the
second
offence
treason
.
5.
Elis
.
1.
Dal.
201.
Lam.
To
obtain
from
Rome
,
or
by
any
authoritie
from
thence
,
any
Bull
or
writing
to
absolve
and
reconcile
such
as
wil
forsake
their
obedience
to
the
King
and
yeeld
it
to
the
Pope
,
or
give
or
take
absolution
by
colour
of
such
Bull
,
or
publish
or
put
in
ure
such
Bull.
13.
Elis
.
2.
Dal.
201.
To
absolve
,
perswade
,
or
withdraw
any
subject
from
their
obedience
to
the
King
,
or
to
reconcile
them
to
the
Pope
,
or
to
draw
them
to
the
Romish
religion
for
that
intent
,
or
move
them
to
promise
obedience
to
any
other
state
,
or
procure
,
counsell
,
or
aid
them
that
do
it
,
is
Treason
.
23.
Elis.
1.
3.
Jac.
4.
Dalt
.
201.
Lam.
To
be
wilfully
absolved
,
perswaded
,
withdrawn
,
or
reconciled
to
promise
such
obedience
,
or
to
procure
,
counsell
,
aid
and
maintain
the
same
,
except
within
six
dayes
after
their
return
into
the
Realm
they
submit
according
to
the
statute
,
3.
Jac.
4.
Dalt
.
201.
For
Jesuite
,
Priest
,
or
other
Ecclesiasticall
person
(
made
by
authoritie
from
the
Pope
)
to
come
into
,
or
remain
in
any
of
the
Kings
dominions
,
contrary
to
the
statute
,
27.
Elis.
2.
is
Treason
.
To
compasse
the
death
of
an
usurper
of
the
Crown
,
is
Treason
,
for
which
the
offender
may
be
arraigned
in
another
Kings
time
.
Dalt
.
122.
To
intend
to
deprive
,
depose
,
or
disinherit
the
King
,
or
say
he
will
be
King
after
the
King
dieth
.
Dalt
.
198
,
222.
To
set
at
large
unlawfully
any
committed
for
Treason
,
is
Treason
by
the
Common
law
.
Dal.
225.
One
imprisoned
for
felonie
breaketh
prison
,
whereby
a
traitour
escapeth
;
it
is
Treason
in
him
by
the
Common
law
.
Dalt
.
225.
Voluntarily
to
suffer
one
to
escape
that
is
committed
,
or
onely
under
arrest
for
Treason
,
is
Treason
by
the
Common
law
.
Dalt
.
225.
Stam.
32.
Forfeiture
in
case
of
Treason
is
of
lands
and
goods
to
the
King
,
and
at
this
day
by
26.
H.
8.
13.
●
.
Ed.
6.
11.
his
lands
entailed
,
and
his
wife
her
dower
,
saving
in
certain
cases
.
Dalt
.
229.
Judgement
and
condemnation
of
a
woman
in
case
of
Treason
is
to
be
drawn
on
a
burdle
to
execution
,
and
burned
.
Dalt
.
229.
Stam.
182.
Trespasse
,
Vide
Hedgebreakers
.
Triall
.
As
well
Noblemen
as
Gentlemen
in
cases
of
Felonie
or
Treason
,
or
misprision
of
Treason
,
are
to
be
tried
by
their
equals
.
Lam.
539.
In
Riots
,
Routs
,
unlawfull
assemblies
and
forcible
entries
,
Nobilitie
shall
be
tried
by
common
jurours
.
Lam.
539.
All
forrain
Pleas
triable
by
Jurie
,
and
pleaded
by
any
indicted
of
Treason
,
Murder
or
Felonie
,
shall
be
tried
in
the
countie
where
the
partie
is
arraigned
,
and
by
jurours
of
that
countie
.
22.
H.
8.
14.
32.
H.
8.
23.
Lam.
552.
Aliens
indicted
of
Felonie
or
Murder
,
must
be
tried
per
medietatem
linguae
.
Lam.
554.
Peere
of
the
Realm
indicted
of
Treason
upon
the
statute
3.
Jac.
4.
is
to
be
tried
by
his
Peers
.
3.
Jac.
4.
All
Treasons
,
misprision
of
Treasons
,
and
concealment
of
Treason
done
or
committed
out
of
the
Realm
,
shall
be
enquired
and
tried
within
the
Realm
.
35.
H.
8.
2.
Dalt
.
204.
Indictment
at
the
Turn
to
be
certified
to
the
Justices
of
the
quarter
Sessions
.
Vide
Certificate
.
Sheriffs
Turn
to
be
holden
within
a
moneth
after
Easter
,
or
within
the
moneth
after
Michaelmas
.
Lam.
504.
Estreats
of
the
Justice
of
Peace
of
Fines
assessed
upon
presentments
in
the
Turn
being
inrolled
and
indented
,
are
to
be
levied
by
the
Sheriffe
to
the
use
of
him
that
was
Sheriffe
at
the
time
of
presentment
.
1.
Ed.
2.
Lam.
5●5
.
VAgabonds
,
Vide
Rogues
.
Venire
facias
.
Justice
of
Peace
may
award
a
Venire
facias
against
the
enditour
,
to
amend
a
bill
upon
the
first
oath
.
50●
.
Justice
of
Peace
cannot
award
a
Venire
facias
tot
matronas
,
to
know
whether
a
felon
be
with
childe
or
no.
Lam.
551.
Vessels
.
Vessels
of
ale
and
beere
are
to
be
made
of
seasoned
wood
,
with
the
mark
of
him
that
sealed
it
.
Lam.
460.
Every
Barrell
for
beere
and
every
Barrell
for
ale
,
and
so
every
lesser
vessell
by
23
H.
8.
4.
ought
to
contain
under
pain
of
3
shill.
4
pence
for
each
default
,
|
Beere
|
Barrell
|
36.
|
Ale
|
32
|
Gallons
.
|
|
Kilderkin
|
18.
|
16
|
|
Firkin
|
9.
|
8
|
But
now
by
the
statute
1.
Jac.
9.
ale
and
beere
shall
be
sold
by
retail
by
one
and
the
same
measure
,
namely
by
the
ale-quart
.
Dalt
.
119.
Cro.
94.
b.
-
Wine
-
Oyl
-
Hony
|
Tunne
|
252.
|
Gallons
.
Dalt
.
119.
|
|
Pipe
|
126.
|
|
Hogshead
|
63.
|
|
Barrell
|
31
and
half
.
|
|
●…ndlet
|
16
and
half
.
|
But
Crompton
94.
b.
saith
,
Popham
chief
Justice
saith
that
the
measure
of
wine
and
ale
should
be
all
one
,
and
that
so
it
was
agreed
by
the
Justices
according
to
the
standard
of
the
Exchequer
.
But
note
,
saith
Crompton
there
,
that
the
ale-quart
is
greater
,
for
that
the
froth
of
the
ale
amounts
a
little
,
and
wine
doth
not
froth
,
and
therefore
there
should
be
a
nick
in
the
top
of
the
wooden
kan
,
where
the
measure
should
be
,
to
which
nick
the
ale
should
come
.
Cro.
94.
b.
And
so
Mr.
Wallis
Clerk
of
the
Qu.
market
told
him
January
25.
1588.
Butter
is
to
be
of
the
same
content
that
Sope
is
.
120.
Herring
the
barrell
,
half
barrell
,
firkin
,
shall
be
of
the
same
content
that
ale
is
,
namely
the
barrell
32
Gallons
,
&c.
13.
Elis
.
11.
Dal.
120.
Sope
and
butter
shall
be
of
the
same
content
with
ale
,
and
the
empty
barrell
not
to
be
in
weight
above
26
pound
,
and
for
the
other
vessels
in
proportion
.
23.
H.
8.
4.
Dal.
119.
Lam.
461.
The
penalty
is
9
shill.
4
pence
.
Victualls
and
Victuallers
.
If
Butcher
,
Fishmonger
,
Inneholder
,
Tipler
,
Brewer
,
Baker
,
Poulterer
,
or
other
seller
of
victuall
do
sell
at
unreasonable
rates
and
not
for
moderate
gain
,
they
lose
double
value
.
Lam.
454.
Brewer
selling
drink
at
higher
prices
then
have
been
appointed
by
the
Justice
of
Peace
,
loseth
after
the
rate
of
6
shill.
a
barrell
.
23.
H.
8.
Lam.
455.
Conspiracy
or
oath
taken
or
promise
made
by
Butchers
,
Bakers
,
Brewers
,
Poulterers
,
Cooks
,
Fruiterers
,
or
any
mystery
,
or
any
of
them
,
not
to
sell
but
at
prices
agreed
between
them
,
the
first
offence
is
10
pound
or
20
dayes
imprisonment
;
the
second
,
20
pound
or
Pillory
;
the
third
,
40
pound
or
lose
an
eare
.
2.
Ed.
6.
15.
Lam.
455.
To
sell
swines
flesh
mezelled
,
or
flesh
that
dyed
of
the
murrain
,
or
other
corrupt
victuall
.
Stat.
de
pistoribus
,
C.
7.
51.
H.
3.
Lam.
455.
Any
,
except
victuallers
in
their
houses
,
buying
to
sell
again
by
retail
butter
or
cheese
,
unlesse
it
be
in
open
Faire
or
Market
,
loseth
double
value
.
3.
Ed.
6.
21.
14.
Elis.
11.
27.
Elis
.
11.
Lam.
456.
Processe
upon
the
statute
of
23.
H.
6.
13.
against
victuallers
is
Attachment
,
Capias
,
and
Exigent
.
Brewer
,
or
other
selling
of
ale
or
beere
unto
any
unlicensed
Alehouse-keeper
,
other
then
for
necessary
provision
for
his
own
houshold
,
loseth
after
the
rate
of
6
shill.
8
pence
a
barrell
,
one
moity
to
the
poore
,
the
other
to
the
informer
to
be
heard
and
determined
at
the
Quarter
Sessions
.
4.
Jac.
4.
Lam.
460.
The
Officer
levying
the
penalty
of
4.
Jac.
4.
and
not
delivering
the
moity
to
the
Churchwarden
or
Overseers
of
the
poore
,
or
not
distributing
it
within
convenient
time
after
receipt
,
forfeiteth
the
double
to
be
recovered
as
the
penalty
.
4.
Jac.
4.
Victualler
is
within
the
statute
,
1.
Jac.
9.
4.
Jac.
5.
Cro.
4.
Vide
Transportation
,
Alehouses
,
Tipling
.
Alehouse-keeper
without
license
upon
view
of
one
Justice
of
Peace
,
confession
of
the
offender
,
or
oath
of
two
witnesses
,
loseth
20
shill.
to
the
poore
of
the
parish
,
the
penalty
to
be
levied
by
the
Churchwardens
or
Constable
by
distresse
by
warrant
of
one
Justice
of
Peace
,
and
to
be
apprized
and
sold
within
3
dayes
:
in
default
of
distresse
or
non-payment
within
6
dayes
,
the
offender
to
be
whipped
as
the
Iustice
before
whom
the
conviction
was
shall
appoint
;
for
the
second
offence
to
be
sent
to
the
house
of
Correction
for
one
moneth
;
for
the
third
offence
to
be
sent
and
remain
in
the
house
of
Correction
till
deliverance
by
order
of
Sessions
.
3.
Car.
3.
Constable
or
other
officer
not
executing
the
punishment
is
to
be
sent
to
the
Goal
till
he
cause
the
offender
to
be
punished
,
or
to
pay
40
shill.
ibid.
Undersheriffe
.
Custos
Rotulorum
,
or
a
Iustices
of
the
Peace
,
one
to
be
Quorum
,
may
give
unto
Undersheriffes
before
they
exercise
their
office
,
the
oaths
of
Elis
.
of
supremacy
and
27.
Elis.
12.
touching
their
office
;
so
of
their
deputies
and
Clerks
,
or
any
other
●…edling
with
returning
of
writs
or
execution
of
processe
into
any
Court
of
record
.
So
of
Bayliffes
,
any
of
them
executing
their
office
before
such
oaths
taken
,
lose
40
pound
.
17.
Elis
.
12.
Lam.
356.
431.
433.
Undersheriffe
or
his
Clerk
or
deputy
doing
any
thing
against
their
oath
,
lose
treble
damages
to
the
party
.
Lam.
433.
Unlawfull
Games
.
Every
Iustice
of
Peace
may
enter
into
any
common
place
where
any
playing
at
dice
,
tables
,
cards
,
bowls
,
co●…s
,
cayls
,
tennis
,
casting
the
stone
,
football
,
or
other
unlawfull
game
now
invented
,
or
hereafter
to
be
invented
shall
be
suspected
to
be
used
,
and
may
arrest
the
keeper
of
every
place
,
and
may
imprison
them
untill
they
finde
sureties
by
recognizance
no
longer
to
use
such
house
,
ga●…e
,
play
,
alley
or
place
.
33.
H.
8
9.
Lam.
191.
Dalt
.
4●
.
Cro.
79.
131.
a.
196.
a.
197.
b.
Lam.
349.
479.
Iustice
of
Peace
may
arrest
and
imprison
such
players
till
they
be
bound
no
more
to
play
at
such
game
.
Lamb.
192.
Dalt
.
48.
Cro.
172.
a.
b.
Lam.
349.
479.
Artificer
of
any
occupation
,
or
any
husbandman
,
apprentice
,
labourer
,
servant
at
husbandry
,
journey-man
,
servant
of
artificer
,
mariner
,
fisherman
,
waterman
,
or
servingman
,
other
then
of
a
Nobleman
or
of
him
that
may
dispend
100
pound
by
the
yeare
,
playing
within
the
precinct
of
his
masters
house
,
shall
not
play
out
of
Christmasse
at
any
unlawfull
game
,
or
in
Christmasse
at
any
unlawfull
game
,
or
in
Christmasse
out
of
the
house
or
presence
of
his
master
.
33.
H.
8.
9.
12.
R.
2.
7.
&
10.
Lam.
479.
17
shill.
8
pence
every
time
.
Quaere
,
if
other
games
besides
those
prohibited
33.
H.
8.
9.
he
unlawfull
,
as
the
morrice
&
other
open
dances
,
bearbaytings
,
common
playes
,
which
seem
to
be
prohibited
by
39.
Elis
.
4.
Dalt
.
48
,
49.
All
offences
against
the
statute
of
unlawfull
games
may
be
heard
and
determined
at
the
Quarter
Sessions
,
Assizes
,
or
leet
within
which
they
shall
happen
.
Vide
plus
,
Sunday
.
Unlawfull
assemblies
.
An
unlawfull
assembly
is
of
the
company
of
3
or
more
persons
disorderly
coming
together
,
forcibly
to
commit
an
unlawfull
act
,
as
to
beat
a
man
,
or
to
enter
upon
his
possession
or
the
like
.
Lam.
275.
Dalt
.
191.
Cro.
68.
b.
P.
R.
25.
First
,
An
unlawfull
assembly
it
is
,
onely
to
meet
to
such
a
purpose
,
though
they
willingly
depart
without
doing
any
thing
.
Secondly
,
after
meeting
to
move
forward
towards
the
executing
of
such
act
,
whether
it
be
done
or
no
,
is
a
Rout.
Thirdly
,
to
execute
such
thing
,
is
a
Riot
.
Dalt
.
191.
Lam.
175
,
176.
In
an
unlawfull
assembly
,
Rout
or
Riot
,
two
things
are
common
and
must
concurre
:
first
,
that
three
persons
at
least
be
gathered
together
;
secondly
,
that
their
being
together
breed
some
apparent
disturbance
of
the
peace
,
either
by
speech
,
shew
of
armour
,
turbulent
gesture
,
or
actuall
and
expresse
violence
to
affright
peaceable
men
,
or
imbolden
light
and
busie
bodies
by
their
examples
.
Lam.
176
,
177.
There
be
three
degrees
of
seditious
and
riotous
assemblies
:
the
first
from
three
to
twelve
;
the
second
of
12
or
more
;
the
third
of
40
and
upward
.
Lam.
183.
1.
Elis
.
17.
Iustice
of
Peace
may
at
his
discretion
assemble
subjects
to
take
such
,
and
may
take
them
,
and
shall
be
unpunished
for
hurting
,
maiming
,
or
killing
them
if
they
make
resistance
.
Lam.
184.
Iustice
of
Peace
is
to
take
the
declaration
of
any
person
that
(
being
moved
to
such
an
assembly
)
will
within
24
houres
after
reveal
the
same
.
Lam.
ibid.
Vide
Forcible
Entry
,
Riots
.
Usury
.
Corruptly
to
contract
for
more
then
8
pound
in
the
hundred
,
for
forbearance
for
one
yeare
,
loseth
treble
value
of
the
moneys
,
wares
,
merchandise
and
other
things
so
lent
,
bargained
,
sold
,
exchanged
or
shifted
.
21.
Jac.
17.
Scriveners
taking
above
5
shill.
for
procuring
100
pound
,
and
a
bond
12
pence
,
forfeit
20
pound
.
ibid.
Utlawry
Offenders
against
the
Peace
for
conspiracies
,
and
of
Routs
in
presence
of
the
Iustice
or
in
affray
of
the
people
,
being
indicted
thereof
,
if
they
be
not
brought
in
by
attachment
or
distresse
(
for
insufficiencie
)
are
to
be
outlawed
.
1.
Ed.
3.
5.
Lam.
522.
After
Utlawry
the
Iustice
of
Peace
can
award
no
processe
,
but
must
certifie
the
Utlawry
into
the
Kings
Bench.
Lam.
521
,
522.
One
Utlawry
of
felony
before
a
Iustice
of
Peace
doth
appear
and
saith
he
was
in
the
Kings
service
beyond
sea
under-such
a
Captain
,
or
in
prison
in
such
a
County
;
the
Iustice
cannot
write
to
the
Captain
or
County
.
Marrow
.
Lam.
552.
Wages
.
RAtes
of
wages
of
servants
and
labourers
are
to
be
made
by
the
Iustices
of
Peace
at
Easter
Q.
Sessions
,
and
by
them
to
be
ingrossed
in
parchment
under
their
hands
and
seals
,
and
after
it
shall
be
lawfull
for
the
Sheriffe
of
the
said
county
to
cause
proclamation
to
be
made
of
the
severall
rates
so
rated
in
so
many
places
of
their
severall
authorities
,
as
to
them
shall
seem
convenient
,
and
as
if
the
same
had
been
set
down
by
the
Lord
Chancellour
or
Keeper
,
after
declaration
thereof
to
the
Kings
Majest.
and
certificate
thereof
into
the
Chancery
.
1.
Jac.
6.
5.
Elis.
4.
39.
Elis.
12.
Any
giving
wages
contrary
to
the
rates
appointed
and
proclaimed
,
loseth
5
pound
.
5.
Elis.
4.
1.
Jac.
6.
Lam.
474.
Every
Iustice
of
Peace
not
having
lawfull
excuse
testified
by
oath
of
one
that
is
in
subsidy
5
pound
,
&c.
that
shall
not
assemble
at
Easter-Sessions
to
rate
the
wages
of
servants
,
&c.
shall
lose
10
pound
.
5.
Elis
.
4.
Lam.
632.
Any
having
authoritie
by
5.
Elis.
4.
to
rate
wages
,
may
rate
the
wages
of
labourers
,
weavers
,
spinsters
,
and
of
any
working
by
day
,
week
,
moneth
,
or
yeare
,
or
by
great
.
1.
Jac.
6.
No
penalty
for
not
certifying
the
rates
of
wages
into
the
Chauncery
,
according
to
the
statute
of
5.
Elis.
4.
if
they
be
daily
proclaimed
.
1.
Jac.
6.
Rates
of
wages
ingrossed
in
parchment
are
to
be
kept
by
the
Custos
rotulorum
;
if
in
a
corporation
,
amongst
the
records
thereof
.
1.
Jac.
6.
Any
two
Iustices
of
Peace
may
imprison
without
bayl
the
master
for
10
dayes
for
giving
,
and
the
servant
,
workman
or
labourer
for
taking
greater
wages
then
are
assessed
by
the
Iustices
of
Peace
,
and
proclamation
thereof
made
in
that
county
.
5.
Elis
.
4.
Dalt
.
611.
Every
retainer
,
promise
,
or
payment
of
wages
,
or
other
thing
whatsoever
contrary
to
the
true
meaning
of
●
.
Elis.
4.
and
every
writing
and
bond
for
that
purpose
is
utterly
void
.
Dal.
61.
Iustice
of
Peace
may
have
his
action
of
debt
against
the
Sheriffe
for
his
wages
at
the
Sessions
.
Cro.
177.
a.
Iustices
of
Peace
shall
be
paid
their
wages
out
of
the
fines
&
amerciaments
of
the
same
Sessions
,
and
they
ought
to
assesse
the
fines
in
the
Court
,
and
then
the
Clerk
shall
indent
the
estreats
betwixt
the
Iustices
and
Sheriffe
,
and
the
Iustices
shall
put
their
names
thereto
,
to
the
end
the
Sheriffe
may
know
to
whom
to
pay
wages
,
and
levy
the
same
to
pay
to
the
Iustice
,
whereupon
the
Sheriffe
shall
be
allowed
the
same
upon
his
accompt
in
the
exchequer
.
14.
R.
●
.
11.
Cro.
177.
Lam.
58.
Wainlings
.
Any
killing
any
wainling
Calves
under
●
yeares
old
to
sell
,
lose
6
shill.
8
pence
for
every
offence
determnable
at
the
Q
Sessions
.
24.
H.
8.
9.
1.
Jac.
25.
Lam.
453.
607.
Wait-lying
.
Lying
in
wait
to
maim
or
kill
any
other
,
is
to
be
fined
.
Lam.
446.
Warrants
.
The
Iustice
of
Peace
his
command
by
word
of
mouth
is
in
some
cases
as
strong
as
his
precept
in
writing
.
Dalt
.
287.
As
a
Iustice
of
Peace
seeing
a
Riot
may
command
the
Riotters
to
be
arrested
,
and
cause
them
to
finde
sureties
for
their
good
behaviour
,
Dalt
.
187.
So
upon
affray
,
assault
,
threatning
,
or
any
other
breach
of
the
Peace
,
be
may
command
the
officer
being
present
to
arrest
such
offenders
to
finde
suretie
for
the
Peace
.
Dalt
.
287.
But
for
causes
out
of
his
presence
one
may
not
arrest
another
upon
the
Iustices
command
,
but
by
precept
in
writing
.
Dalt
.
287.
A
warrant
in
writing
must
be
under
the
Iustices
hand
and
real
,
or
under
his
hand
at
least
.
Dalt
.
287.
Lam.
A
warrant
for
the
Peace
or
good
behaviour
must
contain
the
speciall
matter
.
Dalt
.
287.
A
warrant
for
treason
,
murder
or
felony
,
or
other
capitall
offence
and
such
like
,
need
not
contain
the
speciall
cause
.
Dalt
.
288.
Cro.
148.
A
warrant
is
better
if
it
contain
and
beare
the
date
at
the
place
where
it
is
made
,
the
yeare
and
day
when
it
was
made
.
Dalt
.
188.
Cro.
74.
●
.
Iust.
of
Peace
being
out
of
the
county
,
grantet●
his
warrant
to
be
served
in
the
county
;
the
officer
must
carry
the
party
before
some
Iustice
of
Peace
within
the
county
.
Dalt
.
288.
Lam.
Iustice
of
Peace
may
make
his
warrant
to
come
before
himself
:
yet
upon
a
warrant
for
the
Peace
the
usuall
manner
is
otherwise
.
Dal.
288.
136
,
137.
In
some
cases
a
Justice
of
Peace
may
grant
his
warrant
to
attach
the
offender
,
to
be
at
the
next
Sessions
of
the
Peace
,
to
answer
his
said
offence
.
Dal.
288.
Justices
of
Peace
in
divers
cases
(
as
the
case
shall
require
)
may
grant
their
warrant
for
the
parties
neglect
,
or
other
default
:
and
such
warrant
may
be
either
to
attach
him
to
be
at
the
next
Sessions
,
there
to
answer
,
&c.
or
to
bring
the
offender
before
the
said
Iustices
,
or
any
other
Iustice
,
&c.
who
finding
cause
to
binde
him
,
may
binde
him
to
the
next
Sessions
to
answer
the
said
defauit
.
Dalt
.
189.
Vide
Dal.
126.
Where
the
statute
giveth
authoritie
to
the
Iust.
of
Peace
to
cause
another
to
do
a
thing
,
they
have
power
of
congruitie
to
grant
their
warrant
to
bring
such
persons
before
them
,
that
so
they
may
take
order
therein
.
Quaere
Dalt.
284
,
289.
A
Justice
of
Peace
maketh
a
warrant
beyond
his
authoritie
,
it
is
not
disputable
by
Constable
or
other
inferiour
officer
,
but
must
be
obeyed
.
Lam.
65.
Dalt
.
6
,
209
,
292.
But
if
the
Iustice
make
a
warrant
to
do
a
thing
out
of
his
jurisdiction
,
or
in
a
cause
wherein
he
is
not
Iudge
;
if
the
officer
execute
the
warrant
he
is
punishable
.
Dal.
294.
Cro.
147.
b.
Dalt
.
6.
Lam.
91
,
92.
Warrant
for
the
Peace
may
be
directed
to
any
indifferent
person
by
name
,
though
he
be
not
officer
:
yet
it
is
better
to
a
known
officer
.
Lam.
Dal.
290.
Cro.
147.
A
sworn
and
known
officer
need
not
to
shew
his
warrant
;
but
the
servant
of
the
Iustice
must
shew
it
if
it
be
required
.
Dalt
.
291.
Lam.
89.
Cro.
148.
a.
A
warrant
directed
to
the
Constable
,
and
to
a
stranger
joyntly
and
severally
,
and
executed
solely
by
the
stranger
,
is
good
.
Dal.
291.
Cro.
147.
b.
Warrant
directed
to
two
joyntly
to
arrest
another
,
may
be
executed
by
one
of
them
.
Dalt
.
291.
Lam.
89.
A
warrant
being
directed
by
a
Iustice
of
Peace
to
the
Sheriffe
,
he
may
by
word
command
any
sworn
or
known
officer
under
him
without
precept
in
writing
.
Dalt
.
291.
Lam.
89.
If
a
Iustice
of
Peace
his
warrant
be
directed
to
the
Sheriffe
,
Bailiffe
,
Constable
,
Iustices
servant
,
or
other
to
arrest
one
,
such
person
must
serve
it
himself
.
Dalt
.
291.
Lam.
89.
He
to
whom
any
warrant
shall
be
directed
,
must
do
it
with
all
secrecie
and
speed
.
Dalt
.
295.
A
known
officer
must
,
if
he
will
not
shew
his
warrant
upon
arrest
,
declare
the
contents
of
his
warrant
.
Dal.
291.
Upon
arrest
in
the
Kings
name
,
the
partie
arrested
ought
to
obey
,
Dalt
.
291.
for
if
he
have
not
lawfull
warrant
,
the
partie
grieved
may
have
his
action
of
false
imprisonment
.
Dalt
.
ibid.
Another
officer
arresting
a
man
doth
afterwards
procure
a
warrant
;
this
is
a
wrongfull
arrest
.
Dal.
291.
Lam.
90
,
91.
The
officer
having
a
warrant
for
the
Peace
,
or
good
abeating
,
may
break
open
the
doores
.
Dalt
.
29●
.
Cro.
170.
b.
One
is
arrested
,
who
upon
promise
to
come
again
is
let
go
,
and
cometh
not
again
;
the
officer
cannot
arrest
him
by
force
of
his
former
warrant
,
except
he
prosecutes
him
with
fresh
suit
.
Dalt
.
292.
An
Officer
having
a
lawfull
warrant
to
arrest
another
,
is
resisted
or
assaulted
by
the
partie
or
my
other
person
;
the
Officer
may
justifie
the
beating
or
hurting
such
person
.
Dalt
.
292.
Lam.
92.
If
any
abuse
the
warrant
,
as
by
casting
it
in
the
dirt
,
or
treading
it
under
his
feet
,
he
shall
be
endited
and
fined
;
for
it
is
the
Kings
processe
.
Dal.
292.
Cro.
149.
a.
Quaere
,
whether
he
shall
not
be
bound
to
his
good
behaviour
,
Dal.
292.
Before
that
a
Iustice
of
Peace
grant
his
warrant
to
arrest
one
for
murder
,
or
felonie
,
it
is
meet
to
examine
the
partie
that
requireth
the
warrant
upon
oath
,
and
to
binde
him
to
give
evidence
at
the
next
Goal-deliverie
.
Dal.
292
,
293.
Warreners
,
vide
Forresters
.
Watches
.
Any
Iustice
of
Peace
may
cause
night
watches
to
be
kept
for
the
arresting
of
nightwalkers
and
persons
suspect
,
be
they
strangers
or
others
of
evil
fame
.
Dalt
.
113.
Watch
is
to
be
kept
yearly
from
Ascension
day
till
Michaelmasse
in
every
town
,
from
sunne
setting
untill
sunne
rising
.
Dalt
.
113
,
223.
All
strangers
or
persons
suspected
,
passing
by
the
watching
men
,
may
be
examined
by
them
;
and
if
there
be
cause
of
suspicion
,
they
may
stay
them
,
&
if
they
will
not
obey
,
may
levie
hue
and
cry
,
and
may
justifie
to
beat
them
,
and
may
stock
them
till
morning
:
and
if
they
finde
no
cause
of
suspicion
,
deliver
them
;
but
if
they
finde
cause
,
may
deliver
them
to
the
Constable
,
to
carrie
them
before
a
Iustice
of
Peace
.
Dal.
113
,
257.
Any
Iustice
of
Peace
may
cause
all
night-walkers
,
strangers
or
others
suspected
,
especially
such
as
sleep
in
day
and
walk
in
night
,
to
be
arrested
,
and
such
as
in
the
night
haunt
any
house
suspected
of
bawderie
,
or
use
suspicious
companie
,
or
commit
other
outrages
or
misdemeanours
,
and
cause
them
to
finde
sureties
for
their
good
behaviour
.
Dal.
66.
Lam.
118
,
119.
No
man
is
compelled
to
watch
unlesse
he
be
an
inhabitant
in
the
town
.
Dalt
.
141.
edit.
1626.
Watermen
.
Every
Iustice
of
Peace
within
the
shire
next
adjoyning
to
the
river
of
Thames
within
his
jurisdiction
,
hath
power
upon
complaint
by
the
overseers
or
rulers
of
the
watermen
and
wherry-men
,
or
two
of
them
,
or
by
the
masters
of
any
such
servants
,
both
to
examine
,
heare
and
determine
all
offences
against
the
statute
,
and
set
at
large
him
that
shall
be
imprisoned
by
the
overseers
and
rulers
,
if
there
be
just
cause
,
and
also
by
his
discretion
to
punish
those
overseers
and
rulers
,
if
there
be
just
cause
,
as
if
they
unjustly
punish
any
person
.
2
&
3
Ph.
&
M.
16.
Lam.
203.
Dalt
.
114.
The
offences
against
the
statute
are
,
Dalt
ibid.
1.
No
singleman
shall
be
a
waterman
.
2.
One
of
the
two
rowing
in
one
boat
must
be
allowed
by
eight
of
the
overseers
by
writing
under
seal
.
3.
They
shall
not
hide
themselves
in
time
of
pressing
for
the
Kings
service
.
4.
They
shall
not
take
for
their
fare
above
the
price
assessed
,
and
set
up
in
tables
in
Westminster
Hall
.
Wax
.
One
Iustice
of
Peace
may
examine
and
search
by
his
discretion
such
as
do
sell
any
candles
,
or
work
of
wax
above
foure
pence
cleare
gain
over
the
price
of
the
wax
,
and
punish
them
by
forfeiture
of
that
which
is
to
be
sold
,
and
the
value
of
that
which
is
sold
,
and
fine
to
the
King
.
Dalt
.
114.
Lam.
296.
464.
11.
H.
6.
12.
Weapons
which
be
forcible
,
vide
Forcible
entrie
.
Weeres
.
Weeres
in
rivers
may
be
survayed
by
one
Iustice
of
Peace
,
which
he
may
cause
to
be
made
of
a
reasonable
widenesse
.
Lam.
Any
making
weeres
within
five
miles
of
the
mouth
of
any
haven
or
creek
,
or
by
weeres
destroying
any
frie
of
fish
of
the
sea
,
loseth
10
pound
,
one
moytie
to
the
King
,
the
other
to
the
informer
.
3.
Jac.
12.
Lam.
189.
Weights
and
Measures
.
Faults
of
the
officer
of
Cities
and
Boroughs
in
not
viewing
and
examining
weights
and
measures
twice
a
yeare
,
to
be
heard
and
determined
by
examination
and
enquirie
of
two
Iustices
of
Peace
,
one
being
of
the
Quorum
,
and
by
them
to
be
fined
and
amerced
:
and
so
of
faults
of
buyers
and
sellers
by
other
weights
and
measures
then
they
ought
to
do
.
11.
Hen.
7.
4.
12.
Hen.
7.
5.
Lamb.
356.
Dal.
1●…
.
Two
Justices
of
the
Peace
(
one
of
the
Quorum
)
may
breake
and
burne
such
measures
as
they
find
defective
,
and
fine
the
offenders
by
their
discretion
,
and
make
processe
against
them
as
in
trespasse
,
12.
H.
7.
5.
Lam.
356.
Dalt
.
115.
Maiors
of
Townes
taking
above
a
penny
for
sealing
a
bushell
or
other
measure
,
or
for
weights
above
a
penny
for
a
pound
and
a
halfe
,
a
halfpenny
for
alone
pound
,
a
farthing
for
a
lesse
weight
,
lose
40.
s.
1.
Hen.
7.
4.
Lam.
37.
Dalt
.
122.
Buying
and
selling
by
unlawfull
weights
or
measures
,
or
in
any
City
or
Market
,
with
any
weights
or
measures
that
are
not
lawfully
marked
or
signed
,
he
loseth
for
the
first
offence
sixe
shillings
eight
pence
,
and
for
the
second
20.
s.
and
Pillory
.
12.
H.
7.
4
Lam.
460.
To
buy
corne
by
heaped
measure
,
except
on
Shipboard
,
or
to
use
double
measure
,
the
one
to
buy
,
the
other
to
sell
with
,
the
first
offence
is
sixe
shillings
eight
pence
,
the
second
thirteen
shillings
foure
pence
,
the
third
twenty
shillings
and
Pillory
.
11.
H.
7.
4.
Lam.
460.
Those
of
the
Towne
where
the
Kings
Standard
is
appointed
to
remaine
,
not
having
common
weights
and
measures
signed
,
or
not
selling
by
the
same
to
all
that
have
required
the
same
,
are
to
be
fined
and
amerced
.
1.
Hen.
7.
4.
Lam.
460.
Dalt
.
122.
Vid.
plus
Vessels
.
Witchcraft
.
Invocation
,
Conjuration
,
consultation
,
intertainment
,
imploiment
,
feeding
or
rewarding
any
dumbe
spirit
,
taking
up
of
dead
bodies
,
or
any
part
thereof
,
to
be
imployed
in
Witchcraft
or
Charmes
,
or
using
any
manner
Witchcraft
,
whereby
any
person
shall
be
killed
,
or
any
part
of
them
wasted
or
lamed
,
and
also
the
accessaries
,
is
felony
without
Clergy
.
1.
Jac.
12.
Lam.
415.
By
Witchcraft
or
Charmes
to
find
out
hidden
treasures
,
to
tell
where
lost
goods
shall
be
found
,
to
provoke
unlawful
love
,
to
destroy
or
hurt
any
mans
body
,
or
to
attempt
either
of
them
two
,
the
first
offence
is
one
yeeres
imprisonment
without
baile
,
and
to
stand
in
the
Pillory
six
houres
every
quarter
of
the
same
yeer
,
&
confesse
his
offence
;
the
second
is
felony
without
Clergy
.
2.
Jac.
12.
Lam.
415.
Triall
of
Noblemen
upon
the
Stat.
of
2.
Jac.
12.
of
Witchcraft
,
is
to
be
by
his
Peeres
.
Ibid.
Attainder
upon
the
stat.
2.
Jac.
12.
of
Witchcraft
,
neither
losse
of
Dowre
,
nor
corruption
of
Bloud
.
2.
Jac.
12.
Wines
.
Wines
brought
in
strange
bottoms
from
France
into
any
part
of
England
,
except
the
Isle
of
Man
and
Wales
,
forfeit
the
wines
.
27.
El.
12.
Lam
457.
Any
licensed
to
retaile
wine
,
selling
above
the
prices
limited
by
Proclamation
,
lose
3.
s.
6.
d.
for
every
Gallon
.
27.
El.
11.
Lam.
458.
Any
under
a
Barons
sonne
,
or
100.
marks
a
yeer
,
or
1000.
markes
in
goods
,
keeping
to
spend
in
his
house
any
vessels
of
Gascoigne
wine
,
French
or
Rochel
wine
,
above
10.
gallons
,
loseth
ten
pounds
.
7.
El.
6.
5.
Lam.
433.
Wood.
Wood
brought
from
France
into
any
part
of
England
,
except
the
Isle
of
Man
&
Wales
in
a
strange
bottom
,
forfeiteth
the
wood
.
27.
El.
11.
Lam
.
457.
458.
Upon
complaint
of
the
Lord
,
&
disagreement
of
the
Lord
&
his
owners
,
the
fourth
part
of
the
Lords
wood
may
be
set
forth
by
two
Justices
,
appointed
by
the
greatest
part
of
the
Justices
at
their
Sessions
,
and
not
being
of
kinred
or
alliance
to
the
Lord
.
35.
H.
8
17
13.
El.
25.
Lam.
359.
Just.
in
Qu.
Sessions
may
call
before
them
the
owner
of
the
wood
,
and
12.
of
the
Commoners
to
set
out
the
fourth
part
.
Lam.
609.
Ingrosler
or
Regrater
of
Barke
,
forfeiteth
the
Barke
.
1.
Jac.
22.
Any
selling
of
Barke
meet
to
be
barked
,
before
April
,
or
after
June
,
except
for
necessary
building
,
as
repairing
of
houses
,
ships
,
mills
,
lose
the
oake
,
or
double
value
.
1.
Jac.
22.
Purveyors
taking
Timber
for
the
use
of
the
Kings
ships
or
houses
,
the
owner
may
retaine
all
the
Barkes
lop
and
top
,
and
the
Purveyor
taking
them
,
loseth
for
every
tree
40.
shillings
to
the
partie
grieved
.
2.
Jac.
12.
Wooll
and
Wooll-seller
.
Buyer
of
wooll
of
any
other
than
the
owner
of
the
sheep
,
lose
the
value
.
14.
R.
2.
4.
Lam.
428.
Woollen-yarne
.
Buyer
of
woollen-yarne
,
and
not
making
it
into
cloth
,
loseth
the
value
thereof
.
8.
H.
6.
5
Lam.
452.
Any
sorter
,
carder
,
kamber
,
spinster
,
or
weaver
,
receiving
wooll
and
yarne
of
any
clothier
or
maker
of
stuffe
,
and
embezeling
,
selling
,
or
detaining
the
same
,
and
the
Receiver
and
Buyer
knowing
thereof
,
upon
conviction
,
by
confession
or
oath
of
one
witnes
before
two
Just.
of
P.
is
to
make
such
recompence
to
the
party
as
the
Just
.
shall
appoint
:
and
the
offender
being
unable
,
and
refusing
to
doe
it
,
is
to
be
whipt
or
stocked
.
7.
Jac.
7.
Women
.
Women
arraigned
for
felony
,
may
only
for
one
time
have
the
benefit
of
their
belly
,
Lam.
563.
Just.
of
Peace
cannot
award
a
Venire
facias
tot
matronas
,
to
know
whether
a
woman
felon
be
with
childe
.
Taking
away
a
woman
against
her
will
that
hath
land
,
&c.
or
is
heire
apparent
,
not
claiming
her
as
ward
,
and
after
marry
or
desloure
her
,
is
felony
without
Clergy
.
So
of
the
procurers
,
abettors
,
and
receivers
knowing
thereof
.
3.
H.
7.
2.
Lam.
421.
A
woman
being
delivered
of
a
bastard
child
,
and
borne
alive
,
that
endevoureth
privately
by
drowning
,
secret
burning
,
or
other
way
by
her selfe
,
or
procuring
of
other
,
to
conceale
the
death
thereof
,
as
that
it
may
not
come
to
light
whether
it
were
borne
alive
or
dead
,
shall
suffer
as
in
murder
,
except
she
can
prove
by
one
witnesse
,
that
the
child
was
borne
dead
.
21.
Jac.
27.
Women
convicted
of
felonious
taking
above
12.
d.
and
under
10.
s.
being
not
Burglary
or
Robbery
in
or
neere
any
high
way
,
nor
taking
of
mony
,
goods
,
or
chattels
from
the
person
of
any
,
privily
or
as
accessary
to
any
such
offence
,
wherin
a
man
may
have
his
Clergy
,
shall
for
the
first
offence
be
burned
in
the
hand
,
and
further
imprisoned
,
whipped
,
&
stocked
,
or
sent
to
the
house
of
Correction
(
not
above
a
yeer
)
as
the
Justice
before
whom
the
conviction
is
,
shall
thinke
meet
.
21
Jac.
6.
Dal
267.
Wife
and
her
husband
are
bound
to
appeare
at
the
Sessions
,
in
the
meane
time
to
keep
the
peace
.
The
husband
only
appearing
,
the
Recognizance
is
not
forfeited
,
Dalt
.
146.
Cro.
144.
6.