EIRENARCHA
:
Or
,
of
the
Office
of
the
Iustices
of
Peace
.
THE
PROHEME
.
TO
write
of
the
Office
and
Duetie
of
Iustices
of
the
Peace
,
after
M.
Marrowe
(
whose
learned
Reading
in
that
behalf
made
the
xviii
yeare
of
King
Henrie
the
seauenth
,
is
in
manie
handes
to
bée
séene
)
and
after
Iustice
Fitzherbert
(
who
published
an
excellent
treatise
thereof
,
which
is
yet
euery
where
bée
had
)
may
at
the
firste
séeme
no
lesse
vnaduisedly
done
,
than
if
a
man
shoulde
bring
Owles
to
Athens
(
as
the
Prouerbe
is
,
)
or
stickes
into
a
growing
Wood
or
Copise
.
Howbeit
,
if
it
be
considered
,
that
since
their
time
,
this
Office
is
charged
with
manie
Statutes
,
which
were
not
made
when
their
wrytings
were
penned
:
and
if
it
bée
weighed
also
,
that
sundry
things
in
them
had
then
the
the
force
of
law
,
which
now
at
this
day
they
haue
lost
by
alteration
of
like
authoritie
:
It
cannot
bée
thought
altogither
in
vayne
,
to
conferre
their
writings
with
the
Booke
cases
,
&
Statutes
that
haue
arisen
of
latter
tymes
,
and
out
of
them
all
to
collect
some
discourse
,
that
may
serue
for
the
present
age
wherein
wée
now
liue
,
and
somewhat
further
the
good
endeuour
of
such
as
bée
not
trained
up
in
the
studie
of
the
lawes
.
In
which
doyng
,
as
I
meane
to
robbe
no
man
of
his
right
,
but
to
yéeld
to
eche
one
the
due
prayse
of
his
owne
,
fearing
,
least
(
as
the
Poet
sayd
)
Moueat
Cornicula
risum
,
Furtiuis
nudata
coloribus
:
So
if
I
my selfe
shal
be
found
here
and
there
to
dissent
in
opinion
from
other
men
,
I
desire
heartilie
that
my
good
meaning
bée
not
euill
interpreted
,
that
my
allegations
and
reasons
be
weighed
indifferently
,
and
that
the
respect
of
my
person
bring
no
preiudice
to
the
thyng
in
question
.
❧
What
Iustices
of
the
Peace
bee
:
and
why
called
Iustices
.
CHAP.
I.
IVSTICES
of
the
Peace
,
These
,
and
many
other
Iudiciall
officers
in
our
lawe
,
be
called
Iustices
(
per
metonymiam
subieti
)
bicause
they
doe
(
or
should
doe
)
lawe
and
Iustices
.
For
in
many
olde
Histories
,
Chiefe
Iustices
of
England
,
is
termed
,
Capitalis
Iustitia
,
and
Prima
(
post
Regem
)
in
Anglia
,
Iustitia
:
and
the
Originall
Writtes
that
are
in
M.
Glanuils
Booke
(
which
was
written
vnder
the
raigne
of
king
Henry
the
second
)
haue
this
forme
,
quod
sit
coram
me
,
vel
Iustitijs
meis
:
And
this
(
no
doubt
)
was
done
of
speciall
purpose
,
and
to
the
ende
,
that
the
mention
of
their
name
should
put
them
in
minde
of
their
office
,
and
should
continually
(
as
it
were
)
sollicite
them
to
administer
Iustice
,
for
whole
sake
they
were
appoynted
.
But
in
the
dayes
of
King
Henry
the
third
,
M.
Bracton
(
who
reduced
the
body
of
our
law
into
Latine
,
and
therein
imitated
the
Methode
of
the
Ciuile
Lawyers
)
chaunged
the
worde
Iustitijs
,
into
Iustitiarijs
,
(
how
Latine
like
,
let
them
iudge
that
can
skil
)
and
setteth
downe
the
Writtes
accordingly
,
coram
Iustitiarijs
nostris
.
Since
which
tyme
,
not
onely
all
our
Writtes
that
commaund
appearance
before
the
Iustices
at
Westminster
,
do
vse
the
word
Iustitiariss
but
all
Commissions
of
Sewers
,
of
the
Peace
,
of
Oyer
&
Terminer
,
and
such
like
,
do
obserue
the
same
forme
also
.
And
of
this
it
commeth
,
that
M.
Fitzherbert
(
in
his
treatise
of
the
Iustices
of
Peace
)
calleth
them
Iusticers
(
contractly
,
for
Iusticiars
)
and
not
Iustices
,
as
we
commonly
(
and
not
altogither
vnproperly
)
do
name
them
.
Of
the
signification
of
the
worde
Peace
.
CHAP.
II.
The
outward
peace
,
hath
respect
to
other
men
,
and
that
is
of
two
sortes
also
:
the
one
is
opposed
(
or
set
)
against
all
maner
of
striuing
and
contention
,
whether
it
be
in
countenance
,
gesture
,
worde
,
or
worke
:
of
the
which
S.
Paule
spake
to
the
Romans
in
these
wordes
:
Si
fieri
potest
,
quantum
in
vobis
est
,
cum
●mnibus
hominibus
pacem
habetote
:
And
in
the
same
meaning
,
the
Latine
men
say
,
pace
tua
,
by
your
leaue
,
or
fauour
,
without
your
offence
,
or
displeasure
.
The
other
is
onely
an
abstinence
from
actuall
force
and
offer
of
violence
,
and
is
rather
contrary
to
arma
,
pralium
,
and
bellum
,
(
which
can
not
be
without
force
,
or
armes
)
than
it
is
lis
,
pugna
,
or
certamen
,
which
(
as
Laurence
Valla
confesseth
)
may
be
nudus
verbis
,
&
citra
arma
.
And
hereof
also
our
Sauiour
Christ
spake
,
when
he
said
,
Non
veni
vt
mitterem
pacem
,
sed
gladium
.
The
lawe
of
our
Realme
Sometymes
therefore
,
the
word
Peace
is
taken
for
Proctection
,
or
defence
:
as
where
M.
Bracton
calleth
the
Writtes
of
Protection
,
Breuta
de
pace
:
Sometymes
(
as
it
seemeth
to
me
)
it
is
taken
for
Rightes
,
Priuiledges
,
and
Liberties
,
as
in
the
othe
of
the
Queene
at
hir
Coronation
,
she
sweareth
,
Seruare
Ecclesiae
Dei
,
Cleri
,
&
Populi
,
pacem
ex
integro
the
meaning
whereof
is
,
(
as
I
suppose
)
that
she
will
maintaine
eche
degrée
and
estate
of
hir
Subiects
,
as
well
Ecclesiasticall
as
Temporall
,
(
for
populus
comprehendeth
all
the
Laitie
)
according
to
their
seueral
customes
,
Lawes
,
and
Priuiledges
.
And
sometimes
it
is
taken
for
a
withholding
(
or
abstinence
)
from
that
iniurious
force
&
violence
,
whereof
I
spake
before
.
of
the
Peace
.
And
this
is
it
that
is
most
commonly
understood
by
the
worde
Peace
,
in
our
lawe
:
and
for
the
maintenaunce
hereof
chiefly
,
were
these
Wardens
and
Iustices
of
the
Peace
first
made
and
appointed
.
For
Iustices
of
the
Peace
were
not
ordained
(
as
some
haue
thought
)
to
the
ende
to
reduce
the
people
,
either
to
an
vniuersall
vnanimitie
(
or
agréement
)
of
mindes
,
which
is
in
déed
a
thing
rather
to
be
wished
for
,
than
to
be
hoped
after
:
Neither
is
it
any
part
of
their
office
,
to
forbid
lawfull
suites
and
controuersies
(
whiche
neuerthelesse
be
disagréements
of
mindes
:
)
But
to
suppresse
iniurious
force
and
violence
,
mooued
against
the
person
,
his
goods
,
or
possessions
.
And
that
this
may
appeare
to
be
the
minde
or
the
king
,
which
first
created
these
Wardens
,
or
Iustices
of
the
Peace
(
I
meane
King
Edward
the
third
)
let
me
shew
you
the
Writte
that
he
in
the
first
yeare
of
his
raigne
,
and
not
many
wéekes
before
the
Parliamente
in
which
the
Gardeins
of
the
Peace
,
(
which
afterward
obtained
the
name
of
Iustices
of
the
Peace
)
were
first
ordeined
,
did
sende
to
the
Shirifes
of
eche
Shire
in
Englande
,
bearing
this
forme
:
Edwardus
Dei
gratia
Rex
Anglia
,
Dominus
Hybermae
,
Dux
Acquitaniae
,
Vicecomiti
Kanciae
salutem
.
This
Writ
I
haue
the
rather
set
downe
at
large
,
because
it
containeth
a
faire
shewe
of
a
foule
déede
,
I
meane
,
his
attaining
to
the
crown
,
by
the
depriuation
of
his
father
.
But
(
for
the
present
purpose
)
by
this
Writ
it
is
manifestly
declared
,
that
the
Peace
which
he
meant
,
was
not
an
vniting
of
mindes
,
but
a
restraining
of
hands
,
which
is
(
in
a
manner
)
al
one
with
that
which
Tullie
writeth
in
his
Oration
Pro
Sestio
,
where
he
setteth
Vis
and
Ius
one
against
the
other
:
and
it
agreeth
well
with
that
description
of
Vis
,
which
M.
Bracton
maketh
(
lib.
4.
ca
4.
)
saying
:
Vis
est
,
quotiens
quis
(
quod
sibideberi
putat
)
non
per
Iudicem
reposcit
:
Est
autem
interdum
armata
,
interdum
inermis
.
According
to
which
meaning
also
,
the
olde
Statute
of
Westminister
the
first
(
ca.
1.
)
saide
:
Let
the
peace
of
the
land
be
maintained
in
al
points
,
and
common
right
be
done
to
all
,
as
well
poore
as
rich
.
Thereuppon
likewise
saith
the
Statute
(
1.
R.
2.
ca.
2.
)
Let
the
peace
bee
well
and
surely
kepte
,
that
the
Kings
subiects
may
safely
goe
,
come
,
and
abide
,
according
to
the
lawe
of
the
Realme
,
and
that
Iustice
and
right
be
indifferently
ministred
to
euery
Subiect
.
Finally
,
the
Statutes
of
2.
R.
2
ca.
41.
H.
4.
ca.
1
and
7.
H.
4.
ca.
1.
Doe
all
(
in
plaine
spéech
)
couple
the
maintenance
of
the
Peace
,
with
the
pursuing
of
sutes
,
as
things
that
may
right
well
stand
togither
.
And
therefore
,
I
conclude
,
that
this
furious
gesture
,
and
beastly
force
of
bodie
,
or
hands
(
and
not
euerie
contention
,
suite
,
and
disagréement
of
mindes
)
is
the
proper
subiect
and
matter
,
about
which
the
Office
of
the
Iustices
of
the
Peace
is
to
be
exercised
.
Nowbeit
I
write
not
this
,
as
though
I
would
not
haue
a
Iustice
of
the
Peace
to
occupie
himselfe
also
in
pacifying
the
suites
and
controuersies
,
that
do
arise
amongst
his
neighbours
:
Yea
rather
I
with
him
,
to
be
as
well
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
as
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
a
Compounder
,
as
a
Commissioner
of
the
Peace
:
and
I
thinke
him
so
much
the
méeter
to
stepps
in
betwirt
those
that
be
at
variance
,
as
(
by
reason
of
his
learning
,
wisedome
,
authoritie
,
&
wealth
)
he
is
like
to
preuaile
more
,
by
his
mediation
and
intreaty
,
than
another
man
.
Of
such
as
had
the
Conseruation
of
the
Peace
,
at
the
common
Lawe
.
CHAP.
III.
As
the
common
lawe
hath
,
euen
from
the
beginning
,
continued
a
speciall
care
for
the
peace
:
So
did
it
not
want
méete
Officers
(
beefore
that
these
Wardeins
or
Iustices
of
the
Peace
were
made
)
to
whose
charge
it
did
committe
the
maintainance
of
the
same
:
And
for
as
much
as
it
will
giue
no
small
light
to
the
vnderstanding
of
the
office
of
the
present
Iustices
of
Peace
,
to
haue
that
auntient
authoritie
vnfolded
,
vppon
the
which
this
latter
power
is
(
as
it
were
vpon
a
Stocke
)
set
and
engraffed
,
I
will
speake
some
what
thereof
,
before
I
beginne
wyth
the
other
.
At
the
Commune
law
therefore
,
and
before
the
time
of
King
Edward
the
third
,
there
were
sundrie
persons
,
that
had
interest
in
the
kéeping
of
the
Peace
.
The
Queenes
Maies●e
then
is
,
by
hir
Office
&
dignitie
royall
,
the
principall
Conseruator
of
the
Peace
within
hir
Dominions
,
and
may
giue
authoritie
to
others
,
to
sée
the
Peace
kept
,
and
to
punish
such
as
shal
break
the
same
.
But
a
Duke
,
Earle
,
or
Baron
,
bée
no
Conseruators
of
the
Peace
,
because
those
be
no
titles
of
Office
,
but
of
dignitie
onelie
,
saith
Mar.
The
Lord
Chauncelour
or
Lord
Keeper
of
the
great
Seale
,
the
L.
Steward
of
England
,
the
L.
Marshall
and
Conestable
of
Englande
,
and
euerie
Iustice
of
the
Kings
Bench
,
haue
(
closed
in
their
offices
)
a
credite
for
conseruation
of
the
peace
ouer
al
the
Realme
,
and
may
awarde
Precepts
,
and
take
Recognisances
for
the
Peace
.
Mar.
&
Fitz.
And
by
good
opinion
,
The
L.
Treasorer
of
England
maye
well
be
added
to
the
number
of
these
.
The
M
of
the
Rolles
also
by
the
opinion
of
M.
Mar
is
a
generall
Conseruatour
of
the
Peace
by
his
office
.
But
he
maketh
Processe
&
taketh
Recognisances
thervpon
,
not
as
incident
to
his
office
,
but
by
prescription
.
The
Iustices
of
the
Common
place
,
and
Barrons
of
the
Escheaquer
,
bée
Conseruatours
within
speciall
places
onlie
,
that
is
to
say
within
the
precinates
of
their
seuerall
Courtes
:
So
also
the
Iustices
of
Assises
may
awarde
a
man
to
prison
that
breaketh
the
peace
,
in
their
presence
,
and
they
may
come
maunde
the
kéeping
of
the
peace
vnder
a
peine
,
and
that
weapons
be
taken
from
the
Iurors
or
Witnesses
,
that
appeare
before
them
,
if
anie
complainte
bée
thereupon
made
:
But
as
they
bee
méerlie
Iustices
of
Assise
,
they
can
neither
take
Suertie
of
the
peace
,
nor
award
anie
Processe
for
it
.
Mar.
The
Iustices
of
Gaole
deliuerie
,
may
take
suertie
for
the
Peace
of
a
prisoner
before
them
,
that
was
committed
for
not
finding
suertie
of
the
Peace
,
Mar.
The
Coroners
(
siath
Britton
.
Fo.
3.
)
'
bée
principal
Conseruatours
of
the
peace
within
their
Counties
:
And
euerie
Shirife
is
a
Conseruatour
of
the
Peace
,
within
his
Countie
as
Iudge
Fineux
affirmed
12.
H.
7.17
,
&
and
after
him
M.
Fitzh
.
in
Nat.
bren.
Fo.
81.
where
he
saith
that
the
Shirife
may
(
vpon
request
made
,
&
without
any
Writte
sent
vnto
him
)
commaunde
a
man
to
finde
suche
Suertie
of
the
Peace
by
Recognisance
.
The
Stewarde
of
the
Marshalsey
,
maye
take
Suertie
of
the
Peace
,
by
Recognisance
also
within
the
Vierge
,
by
prescription
:
and
the
Conestable
Marshall
of
the
Quéenes
house
,
may
sée
to
the
Conseruation
of
the
peace
within
the
same
house
,
Mar.
The
Steward
of
the
Shirifes
Turne
,
the
Steward
in
a
Lecte
,
or
the
Stewarde
in
a
Court
of
Pipowders
,
can
not
graunt
Suertie
of
the
peace
,
vnlesse
it
be
by
Prescription
:
But
euery
of
them
,
may
committe
him
to
ward
,
that
shal
make
an
affraie
in
their
presence
,
whilest
they
be
in
execution
of
their
offices
,
and
that
is
more
than
the
Steward
and
Suitors
in
a
Court
Baron
can
do
.
Mar.
and
the
first
two
of
them
,
may
also
take
presentments
of
offences
against
the
Peace
.
To
bée
short
,
euerie
Constable
,
Peticonstable
,
Tithingman
,
and
Borowhead
,
be
Conseruatours
of
the
Peace
by
their
offices
,
within
the
limits
of
their
Hundreds
,
Townes
,
Tithings
,
and
Boroughes
.
12.
H.
7.
17.
Fineux
.
And
by
the
same
reason
,
our
Borsholder
in
Kent
,
and
their
Thirdborow
in
Warwickeshire
,
be
Conseruatours
also
within
they●
Boroughes
.
For
Borowhead
,
Borsholder
,
&
Tithingman
,
bée
thrée
seuerall
names
of
one
selfesame
thing
,
and
doe
signifie
,
The
chiefe
man
of
the
free
pledges
within
that
Borow
,
or
Tithing
.
And
where
each
third
Borowe
onlie
hath
a
Constable
,
there
the
officers
of
the
other
two
Borowes
,
be
called
Thirdeborowes
.
These
Conestables
were
ordayned
(
as
it
appeareth
3.
H.
4.9
.
&
10.
E.
4.
&
Fitzh
.
Fo.
172.
)
to
kéepe
the
peace
,
and
to
represse
forlons
,
and
might
take
suertie
of
the
Peace
(
by
obligation
)
if
they
found
any
man
making
an
affraie
,
or
otherwise
to
committe
him
to
prison
till
he
shoulde
finde
suche
Suertie
.
I
haue
reade
also
that
a
Constable
,
mighte
at
the
common
lawe
,
haue
bayled
a
suspecte
of
felonie
by
Obligation
,
bicause
he
was
a
Conseruator
of
the
Peace
:
and
that
both
he
and
the
Shirife
lost
this
authoritie
by
the
Statutes
(
3.
H
7.
ca.
3.
&
1.
&
2.
Phill.
&
Mar.
ca.
13
)
Which
in
giuing
that
power
to
Iustices
of
the
Peace
,
do
(
in
the
opinion
of
some
men
)
take
it
from
the
Shirife
and
Constable
:
reported
by
Dalison
Iustice
.
Hitherto
then
,
Ordinarie
Conseruators
,
were
eyther
by
Prescription
,
Election
,
or
Tenure
.
Ordinarie
Conseruators
,
A
man
maye
prescribe
(
saith
M.
Marowe
)
that
he
and
his
auncestours
,
or
he
and
they
whose
estate
he
hath
in
the
Manor
of
Dale
,
haue
bene
Conseruatours
within
the
Hundred
of
Sale
,
either
all
the
yeare
,
or
onlie
at
one
certaine
time
of
the
yeare
:
And
as
hée
may
prescribe
in
the
power
it selfe
,
so
also
may
he
in
the
maner
of
the
exercise
of
the
same
,
as
that
they
haue
vsed
to
take
the
Suertie
of
Peace
by
obligation
,
pledge
,
or
Caution
,
&
so
also
in
the
maner
of
the
Processe
therefore
,
as
to
Distreigne
,
and
to
sell
the
distresse
,
Mar.
But
all
this
is
to
be
doubted
of
,
because
that
in
the
opinion
Of
Brian
and
Pigot
(
21.
E.
4.
67.
&
22.
E.
4.
35.
)
the
Maior
of
Dale
cannot
prescribe
to
be
a
Conseruatour
,
or
to
commaunde
Suertie
of
the
Peace
,
&
to
commit
to
prison
for
an
affraie
in
his
presence
,
vntill
such
suertie
be
found
.
Furthermore
,
euen
as
the
shirifes
,
were
auntientlie
chosen
,
and
as
the
Coroners
yet
bée
:
So
also
certaine
persons
were
wont
to
be
elected
Conseruatours
of
the
Peace
,
in
the
full
Countie
before
the
Shirife
and
of
this
kinde
I
my selfe
haue
séene
certaine
Recordes
(
in
Rotul
:
patent
.
de
Anno.
5.
E.
1.
)
running
in
this
course
.
First
,
a
Writte
to
the
Shirife
of
Norfolke
,
commaunding
him
to
choose
in
his
ful
Countie
,
unum
hom●nem
de
probioribus
&
potentio●●bus
Comitatus
s●●
,
in
custodem
pacis
.
Then
an
other
Writte
directed
,
Balliuis
&
fidelibus
of
the
same
Countie
,
giuing
vnto
them
notice
of
the
former
Writte
,
to
the
ende
(
as
it
séemeth
)
that
the
Bailies
should
warne
the
men
of
the
Countie
and
that
they
should
appeare
at
the
Countie
Court
,
to
make
the
Election
.
And
lastlie
,
to
the
Conseruatour
elected
,
this
Writte
following
:
Edwardus
dei
gratia
Rex
Angliae
,
Dominus
Hyberniae
,
&
dux
Aquitaniae
,
dilecto
&
fideli
suo
,
Iohannt
le
Bretun
Salutem
Cūvicecomes
noster
Norfolc
et
communitas
eiusdem
comitatus
elegerit
vos
in
Custodem
pacis
nostrae
,
ibidem
:
vobis
mandamus
,
quod
ad
hoc
diligenter
intendatis
,
prout
idem
vicecomes
vobis
scirifaciet
exparte
nostra
,
donec
aliud
inde
praeceperimus
.
In
cu●us
rei
&c.
Datum
per
manum
venerabilis
patris
.
F.
Bathon
&
Wellen.
Episcopi
,
Cancellarij
nostri
,
apud
Cest
.
secundo
die
Septemb.
Annoregni
nostri
quinto
.
Touching
the
conseruation
of
the
Peace
by
Tenure
of
Land
:
M.
Marrow
putteth
this
case
:
If
the
King
graunt
vnto
a
man
,
landes
to
holde
of
him
by
Kinghtes
seruice
,
and
to
be
a
Conseruatour
of
the
Peace
in
a
Countie
,
he
is
a
Conseruatour
by
Tenure
:
agreably
wherevnto
saith
an
Inquisition
,
founde
at
Chester
(
An.
4.
E.
2.
)
after
the
death
of
one
Vrianus
de
Sancto
Petro
(
inter
alia
)
thus
:
Quòd
idem
Vrianus
tenuit
de
Domino
Rege
in
capite
in
dominico
suo
vt
de
feodo
die
quo
obyt
,
Medietatem
Seriantiae
pacis
,
per
seruitium
inueniendi
,
decem
serutentes
pacis
ad
Custodiam
pacis
in
Cestr
:
pro
qua
quidem
custodia
antecessores
sui
percipere
solebant
.
xxx
.
●
.
per
annum
ad
scaccarium
Cestr
:
pro
Mantellis
dictorum
decem
seruientum
.
&c.
These
sortes
,
and
some
others
(
which
M.
Marrow
reciteth
,
and
whiche
I
,
wanting
Recordes
to
warrant
them
,
do
omitte
)
I
cal
Ordinarie
Conseruatours
of
the
Peace
,
bycause
thier
auctoritie
was
then
Ordinarie
,
alwayes
one
,
and
the
same
wel
ynough
knowen
:
Extraordinarie
Conseruatour
,
as
he
was
endowed
with
an
higher
power
,
so
was
he
not
ordinarilie
appointed
,
but
in
the
times
of
greate
troubles
onlie
,
much
like
as
the
Lieutenaunts
of
shires
are
now
in
our
dayes
.
And
he
had
the
charge
to
defende
the
coasts
and
Countrey
,
both
from
forraine
and
inwarde
enemies
,
and
might
commaund
the
Shirife
and
all
the
Shire
,
to
aide
and
assiste
him
,
as
it
may
well
appeare
by
this
Patent
(
remayning
of
Record
in
the
Tower
,
Rotul
.
Patent
.
de
An.
49.
H.
3.
)
made
by
that
king
,
or
rather
in
his
name
,
by
Simon
the
Earle
of
Leicester
,
whose
prisoner
he
then
was
.
Rex
Iohanni
de
Plesset
,
salutem
:
Cùm
nuper
de
consilio
Magnatum
qui
sunt
de
consilio
nostro
,
constunerimus
vos
custodem
pacis
nostrae
in
comitatu
Northumb.
ac
vos
tam
landabiliter
&
circumspecte
in
officio
illo
gesseritis
,
quod
probitatem
ac
diligentiam
vestram
merito
duximus
recommendandam
,
&
adhuc
necesse
sit
(
sicut
intelleximus
)
quod
ad
tuitionem
partium
illarum
&
conseruationem
pacis
nostrae
,
èìdem
officio
intendatis
:
vobis
(
de
consilio
Magnatum
praedictorum
)
mandamies
,
firmiter
iniungentes
,
quatenus
omnem
diligentiam
(
quam
poteritis
)
adhibeatis
ad
pacem
nostram
conseruandam
in
partibus
praedictis
,
in
forma
qua
vobis
aliâs
iniūximus
.
Mandauimus
enim
Vic
:
nostro
Northumb.
quod
(
quotiens
opus
fuerit
)
&
à
vobis
fuerit
requisitus
,
cum
toto
posse
sui
comit
:
vobis
ad
hoc
assistat
.
Nolumus
autem
,
quod
praetextu
huius
mandati
nostri
,
de
aliquibus
(
quae
ad
officium
vic:
pertinent
)
vos
intromittatis
,
quo
minus
vic:
de
exitibus
eiusdem
comit
.
nobis
plenè
respondere
valeat
ad
Scaccarium
nostrum
.
Teste
Rege
,
apud
Westmonast
.
xj
.
die
February
,
Anno
Regni
sui
quadragesimo
nono
.
And
sundrie
the
like
Patents
were
at
the
same
time
also
made
:
as
to
Iobn
de
la
Haye
,
to
be
Conseruatour
of
Kent
,
and
of
the
Sea
coastes
there
:
to
Ralph
Baslet
of
Drav●on
,
to
be
Conseruatour
of
Staffordshire
,
and
so
to
others
for
other
Counties
.
Of
the
first
ordaining
of
the
Wardeins
and
Iustices
of
the
Peace
,
by
Statute
Lawe
.
CAP.
IIII.
After
suche
time
as
Queene
Isabell
,
contending
with
hir
husband
King
Edwarde
the
second
,
was
retourned
ouer
the
Seas
into
England
,
accompanied
with
hir
Son
Prince
Edward
(
called
afterward
the
thirde
King
of
that
name
)
and
with
Sir
Roger
Mortymer
and
such
others
of
the
Englishe
Nobilitie
,
as
had
for
the
indignation
of
the
King
,
fledde
ouer
the
Seas
vnto
hir
.
She
soone
after
gotte
into
hir
handes
the
person
of
the
olde
King
,
partlie
by
the
assistaunce
of
the
Hen●lders
,
that
the
brought
with
hir
,
and
partlie
by
the
aide
of
such
other
hir
friends
,
as
the
found
readie
here
,
and
immediatelye
caused
him
by
forced
patience
to
surrender
his
Crowne
to
the
young
Prince
.
And
then
also
,
for
as
muche
as
it
was
(
not
without
cause
)
feared
,
that
some
attempte
would
be
made
to
rescue
the
imprisoned
King
,
order
was
taken
,
that
he
should
be
canueyed
(
secreatelie
,
and
by
night
watches
)
from
house
to
house
,
and
from
Castle
to
Castle
,
to
the
ende
that
his
fauourers
should
be
ignorant
what
was
become
of
him
.
Yea
,
and
then
withall
,
it
was
ordained
by
Parliament
,
in
the
life
time
of
that
deposed
King
,
and
in
the
varie
first
entrie
of
his
sonnes
raigne
(
1.
E.
3.
ca.
15
)
That
in
euerie
Shire
of
the
Realme
,
good
man
and
lawful
(
which
were
no
maintainers
of
euill
.
nor
Barrettours
,
in
the
Countrey
)
should
bee
assigned
,
to
keepe
the
peace
:
which
was
as
much
as
to
say
,
that
in
euerie
Shire
,
the
King
himselfe
should
place
speciall
eyes
and
watches
ouer
the
common
people
,
that
shoulde
be
both
willing
&
wise
to
forsée
,
and
be
also
enabled
with
méete
auctoritie
,
to
represse
all
intention
of
vproare
and
force
,
and
that
euen
in
the
firste
séede
thereof
,
and
before
that
it
shoulde
grow
vp
to
any
offer
of
daunger
.
So
that
,
for
thys
cause
(
as
I
thinke
)
the
election
of
the
simple
Conseruatours
or
Wardeins
of
the
Peace
,
was
first
taken
from
the
people
,
and
translated
to
the
assignement
of
the
King
.
And
whether
their
auctoritie
and
power
were
then
also
with
this
alteration
anye
thing
increased
,
or
no
,
I
will
not
affirme
:
But
I
find
(
3.
E.
3.
Titul
.
Coron.
Fitzh.
360.
)
that
an
Enditement
of
murder
was
founde
before
one
Wardein
of
the
Peace
onlie
,
and
that
he
therevpon
wrote
his
letter
(
or
precept
)
to
the
Shirife
,
to
apprehende
the
person
endited
,
who
tooke
and
brought
him
before
the
Iustices
in
Eire
,
and
that
they
also
therevpon
procéeded
to
the
arraignemente
and
triall
of
him
:
And
the
Statute
(
4.
E.
3.
ca.
2.
)
taketh
order
that
such
as
should
be
endited
,
or
taken
by
the
Wardeins
of
the
Peace
,
should
not
be
bayled
by
the
Shirife
,
or
other
Ministers
,
vnlesse
they
were
Mainpernable
by
the
Law
.
Howsoever
that
were
,
the
same
King
vsed
(
as
I
thinke
)
for
the
first
33.
yeares
of
his
raigne
,
to
make
his
assignements
and
commissions
to
the
Wardeins
of
the
Peace
,
not
alwayes
seuerallie
into
eache
Shire
,
but
sometimes
iointlie
to
sundrie
persons
ouer
sundrie
Shires
:
for
so
I
find
a
Comission
2.
E.
3.
part
2.
patent
.
in
dorso
,
made
to
William
Roos
and
thrée
others
his
companions
,
to
be
Wardeins
of
the
Peace
,
not
only
in
Lincolneshire
,
but
also
in
thrée
or
foure
of
the
other
Counties
thervnto
next
adioining
.
And
this
mighte
be
warranted
after
18.
E.
3
(
as
I
suppose
)
out
of
the
Construction
of
the
worde
Countie
vsed
Plurally
in
the
Statute
.
18.
E.
3.
Stat.
2.
ca.
2.
contrarie
to
the
meaning
of
the
former
lawes
(
made
1.
E.
3.
ca.
15.
&
4.
E.
3.
ca.
2.
)
where
the
same
word
is
read
(
Euerie
Countie
)
in
the
Singular
number
.
But
the
Parliament
(
34.
E.
3.
ca.
1
)
restored
the
proper
sense
of
those
lawes
,
saying
:
In
euer●e
Countie
of
England
,
there
shall
bee
assigned
for
the
safe
keeping
of
the
Peace
,
one
Lord
,
and
with
him
,
three
or
four
of
the
mightiest
men
in
that
Countie
.
And
afterwards
,
speaking
of
Felonies
,
&c.
it
addeth
,
They
shall
haue
power
to
heare
and
determine
(
at
the
Kings
suite
)
al
manner
of
the
felonies
or
trespasses
,
done
in
the
same
Countie
.
Hereof
it
commeth
to
passe
,
that
euer
s●thence
eche
Countie
hath
her
proper
Commissioners
for
the
Peace
,
&
that
Counties
haue
not
bene
conioyned
in
Commission
,
as
they
were
sometimes
before
.
Hereunto
also
may
that
be
referred
,
which
M.
Fitzh
.
(
Fol.
171.
)
hath
,
saying
,
That
before
the
Statues
whiche
ordined
Iustices
of
the
Peace
,
the
King
vsed
to
make
Conseruatours
of
the
Peace
by
his
commission
,
in
those
Counties
and
places
,
where
he
thought
best
,
to
kéepe
his
Peace
.
But
now
,
at
what
time
these
Wardeins
of
the
Peace
,
were
first
named
(
and
mighte
truely
be
tearmed
)
Iustices
of
the
Peace
,
it
is
not
so
cuident
,
that
I
dare
determine
vpon
it
,
for
on
the
one
side
I
knowe
,
that
M.
Marrow
,
taketh
it
cleare
,
that
they
were
made
Iustices
by
the
Statute
18.
E.
3.
Stat.
2.
ca.
2.
and
on
the
other
side
I
sée
,
that
they
were
not
named
Iustices
in
anye
Statute
(
that
I
have
founde
)
within
17.
yeres
after
:
and
it
is
true
to
this
verie
Day
theyr
owne
Commission
giueth
them
not
anye
such
Title
.
There
is
a
shewe
(
I
confesse
)
in
that
Statute
(
18.
E.
3
)
that
they
sshoulde
be
Iustices
,
because
of
the
power
to
heare
and
determine
felonies
whiche
is
mentioned
there
.
34.
E.
3.
ca.
1.
After
which
time
it
is
uerie
true
that
were
were
commonlie
reputed
and
called
Iustices
:
for
within
one
yere
after
that
time
there
is
a
Commission
,
which
I
have
sséene
(
in
dor
so
patentium
parte
2
)
that
speaketh
thus
,
Assignauimus
etiam
vos
,
&
tres
vestrum
,
Iustictarios
nostros
&c.
and
the
Statute
(
36.
E.
3.
ca.
12.
)
taking
order
for
the
Quarter
Sessions
to
be
holden
as
well
by
them
,
as
by
the
commissioners
for
Labourers
,
called
both
the
sortes
of
them
,
by
the
name
of
Iustices
.
I
might
here
disclose
,
home
,
and
by
what
degrées
,
the
auctoritie
of
these
Iustices
of
the
Peace
,
was
from
time
to
time
enlarged
:
But
I
wil
reserue
that
vntill
I
shall
come
to
the
forme
of
their
Commission
,
where
I
shall
finde
,
both
fitter
occasion
,
and
more
proper
place
for
it
.
By
whose
auctoritie
,
and
by
what
means
,
Iustices
of
the
peace
be
appointed
:
and
of
what
sortes
they
bee
.
CHAP.
V.
FRom
the
king
(
who
is
the
head
of
Iustice
)
ought
to
flow
all
aucoritie
to
the
inferiour
and
subalterne
Iusrices
.
And
vpon
this
reason
,
it
séemeth
that
the
said
Statutes
(
18.
E.
3.
ca.
2
and
34.
E.
3
ca.
1.
)
did
ordaine
,
that
the
Wardeins
of
the
Peace
in
each
Countie
should
be
assigned
by
the
kings
Commission
,
that
it
might
thereby
appeare
that
they
receiued
their
whole
authoritie
and
power
,
as
it
were
by
his
owne
hande
and
deliuerie
.
Howbeit
afterward
,
partly
through
such
as
had
Iurategalia
,
within
their
Counties
Palatine
,
and
did
thereby
make
Iustices
of
the
Peace
in
their
owne
names
,
and
partly
by
the
meanes
of
sudrie
Abbats
and
Religious
persons
,
who
(
labouring
by
all
policie
to
increase
their
iurisdictions
,
and
to
shoale
out
themselues
from
the
ordinary
gouernement
)
had
obtayned
graunts
from
the
King
of
the
Realme
,
that
they
them selues
might
make
Iusticiarious
suos
ad
pacem
coseruandam
within
their
owne
liberties
,
this
prerogatiue
of
making
Iusstices
was
in
manye
places
afterward
seuered
from
the
Crowne
,
to
no
small
detrimente
of
the
royall
estate
of
the
same
.
And
therefore
,
although
by
the
opinion
of
Iudge
Fineux
in
the
Abbat
of
S.
Albans
case
(
20.
H.
7.
8.
)
such
a
graunt
was
of
no
value
in
lawe
,
because
it
was
of
a
Prerogatiue
inseparablie
annered
to
the
Crowne
,
yet
King
Henrie
the
eight
thought
it
fit
(
by
a
generall
resumption
in
Parliament
of
all
such
liberties
)
to
restore
vnto
the
Crowne
hir
antient
right
in
this
behalfe
.
And
therevppon
(
27.
H.
8.
ca.
24.
)
it
was
decriéed
,
that
no
person
whatsoeuer
,
should
haue
any
power
to
make
Iustices
of
the
Peace
,
but
that
they
should
be
made
by
letters
patents
vnder
the
Kings
great
seale
,
in
the
name
and
by
the
auctoritie
of
the
King
and
his
heires
,
Kings
of
the
Realme
,
in
all
Shires
,
Counties
Palatine
,
and
other
places
within
his
dominions
.
So
that
now
againe
,
al
Iustices
of
the
Peace
at
this
day
(
except
the
Archbishop
of
Yoke
,
and
the
Bishops
of
Durham
,
and
El●e
,
&
their
temporall
Chauncelours
for
the
time
being
,
whiche
are
seuerallie
by
that
verie
Parliament
auctorised
to
be
Iustices
of
the
Peace
,
within
the
libertie
of
Hexam
,
the
Byshopricke
of
Durham
,
and
the
Ile
of
Elte
:
and
except
the
Iustices
of
Peace
,
within
the
Countie
Palatine
of
Lancaster
which
also
are
by
prouision
in
the
same
Statute
to
be
made
vuder
the
Kings
vsual
seale
of
the
same
Duc●●e
)
be
ordained
by
the
meane
of
the
greate
Seale
,
and
ministerie
of
the
L.
Chauncelour
,
that
hath
the
charge
of
the
same
,
but
yet
so
,
that
some
of
them
be
made
by
Letters
Patents
vpon
speciall
sute
to
the
Queene
,
and
by
hir
bill
assigned
,
and
other
some
by
Commission
of
Commune
Cource
that
resteth
in
the
dispensation
of
the
L.
Chauncelour
.
They
of
the
firste
sorte
,
be
of
some
called
Indiciall
Iustices
and
Iustices
of
themselues
,
for
that
the
Queene
can
not
discharge
them
at
hir
will
and
pleasure
,
but
they
are
to
continue
,
and
to
enioy
Inrisdiction
so
far
foorth
as
their
Patent
of
graunt
doth
enable
them
.
Mar.
Commission
.
Mar
The
Maiors
,
and
other
heade
officers
of
manie
Cities
&
corporate
Townes
,
be
Iustices
of
this
kinde
at
thys
daye
,
by
grauntes
of
the
Queene
,
&
hyr
progenitors
.
Those
other
Iustices
of
the
Peace
,
which
deriue
their
power
from
the
Commission
,
be
called
Commissioners
of
the
Peace
,
and
doe
differ
from
the
other
in
this
point
speciallie
,
that
they
be
Iustices
during
onely
the
Queenes
life
,
and
in
hir
life
during
only
hir
owne
will
and
pleasure
,
as
you
shall
hereafter
see
at
large
,
These
(
as
I
said
)
bée
now
at
thys
day
appointed
by
discretion
of
the
Lord
Chauncelour
but
whether
the
King
himselfe
did
at
the
firste
nominate
them
(
as
he
did
those
whiche
were
made
by
Graunt
)
or
else
did
leaue
the
choice
of
them
to
the
Lord
Chauncelour
alone
,
or
to
him
and
others
,
it
hath
some
shew
of
question
.
Lord
Chauncelor
.
It
is
true
that
in
the
Parliament
holde
at
Canterburte
12.
R.
2.
ca.
2.
(
which
happened
shortlie
after
that
Michael
de
la
pole
had
bene
remoued
from
that
place
,
and
after
the
troublesome
Parliamente
of
the
eleauenth
yeare
of
that
kings
raigne
)
It
was
enacted
that
the
Chauncelour
,
Treasorer
,
and
keeper
of
the
priuie
Scale
,
the
Steward
of
the
kings
house
,
the
kings
Chamberlaine
,
the
Clerke
of
the
Rolles
(
now
called
Master
of
the
Rolles
)
the
Iustices
of
both
Benches
,
the
Barons
of
the
Escheaquer
,
and
others
that
shoulde
be
called
to
the
naming
of
the
Iustices
of
the
Peace
,
Shirifes
,
Eschactors
,
Customers
,
Controllers
,
and
other
officers
,
should
be
sworn
to
doe
the
same
faithfullie
,
and
without
affection
:
But
,
whether
the
meaning
of
that
Statute
were
,
that
they
all
should
be
continually
present
togither
at
the
nomination
of
all
suche
officers
,
and
whether
that
Statute
were
made
but
for
that
busy
time
only
,
it
may
well
be
doubted
.
For
againe
vppon
fault
founde
(
as
it
shoulde
séeme
)
that
the
Commissioners
of
the
Peace
were
made
of
persons
insufficient
,
and
dwelling
in
forraine
Counties
,
it
was
enacted
(
2.
H.
5.
Parl.
2.
ca.
1.
)
that
from
thencefoorth
they
should
be
assigned
by
the
aduise
of
the
Chauncelor
&
of
the
kings
Counsel
,
which
wordes
may
be
taken
to
sounde
as
though
they
hadde
bene
named
before
,
by
the
Lord
Chauncelor
alone
:
yet
may
they
indifferentlye
be
extended
,
either
so
adioine
the
aduise
of
the
kings
counsell
to
the
Chauncelour
,
or
the
aduise
of
them
both
vnto
the
king
him selfe
.
This
is
out
of
al
dout
,
that
18.
H.
6.
ca.
II.
did
take
order
,
that
vpon
knowledge
giuen
to
the
Chauncelour
of
England
,
by
any
appointed
to
be
a
Iustice
of
Peace
,
that
he
had
not
lands
to
the
value
of
twentie
pound
by
years
,
the
Chauncelor
himselfe
should
put
an
other
sufficiente
in
his
place
.
And
for
want
of
sfficient
men
hauing
lands
of
that
value
,
learned
in
the
Law
,
and
good
gouernaunce
,
that
the
Chauncelour
of
England
,
for
the
time
being
,
shold
haue
power
,
by
his
discreation
to
put
into
the
Commission
other
discrete
persons
learned
in
the
Lawe
,
thoughe
they
had
not
landes
to
that
value
.
And
albeit
this
credite
were
here
giuen
vnto
him
in
these
particular
cases
onlie
,
yet
it
may
wel
be
thought
,
that
he
had
bene
before
,
and
shoulde
be
afterwarde
,
trusted
with
the
choice
of
all
the
Commissioners
of
the
Peace
generallie
,
where
of
there
is
greate
presumption
also
,
euen
vpon
the
Statute
.
3.
E.
6.
ca.
1.
that
mentioneth
,
that
the
nomination
of
the
Custos
Rotulorum
(
being
a
verie
speciall
Iustice
of
the
Peace
)
hadde
of
long
time
before
belonged
to
the
Office
of
the
Chauncelour
,
till
vpon
some
occasion
it
was
take
from
him
by
the
Statute
of
37.
H.
8
ca.
1.
and
therefore
was
then
restored
to
him
againe
.
What
manner
of
men
the
Commissoners
of
the
Peace
ought
to
bee
.
CHAP.
VI.
IN
the
choice
of
the
Wardeins
and
Iustices
of
the
Peace
,
the
Statute
lawes
haue
respecte
to
the
manners
and
abilitie
(
or
liuelihoode
)
of
them
all
,
and
to
the
skil
and
learning
of
such
as
are
speciallie
selected
,
and
therefore
named
of
the
Quorum
.
For
,
Gardeins
of
the
Peace
ought
to
bee
good
men
and
lawfull
,
no
maintainers
of
euill
,
nor
Barretours
in
the
Countrey
,
or
(
as
some
Bookes
haue
it
)
no
mainetainers
of
euill
Barretours
in
the
Countrey
.
1.
E.
3.
ca.
15.
Men
of
the
beste
reputation
(
Meultz
vailantz
)
most
substantiall
(
or
of
moste
valour
)
shall
be
assigned
keepers
of
of
the
Peace
.
18.
E.
3.
ca.
2.
&
.
17.
R.
2.
ca.
9.
In
euerie
Countie
for
safegarde
of
the
Peace
shal
be
assigned
one
Lord
,
and
with
him
three
or
foure
of
the
(
Mieultes
vanees
)
most
valiant
men
of
the
Countie
,
togither
with
some
Sages
of
the
lawes
.
34.
E.
3.
ca.
1.
And
after
some
troubles
in
the
time
of
K.
Richard
.
2.
it
was
enacted
that
none
shal
be
made
Iustice
of
the
Peace
for
any
gift
,
brocage
,
fauour
,
or
affection
:
nor
any
which
sueth
by
himselfe
or
any
other
,
priuilie
or
openly
,
to
be
a
Iustice
of
the
Peace
,
shall
bee
admitted
to
that
office
,
12.
R.
2.
ca.
2.
And
of
some
special
policie
the
also
enacted
,
ca.
10
of
the
same
parliamet
,
that
no
Steward
of
any
Lord
should
be
assigned
in
the
Commission
of
the
Peace
.
12.
R.
2.
ca.
10.
Yet
in
the
Parliament
of
the
next
year
(
ca.
7.
)
it
was
ordered
,
that
(
notwithstanding
that
clause
of
the
former
Statute
)
Iustices
of
the
Peace
should
then
bee
made
of
newe
in
all
places
,
of
the
most
sufficient
Knightes
,
Esquires
,
and
men
of
law
.
Againe
,
Iustices
of
the
Peace
(
especiallye
those
of
the
Quorum
)
from
hencefoorthe
shall
be
made
of
the
most
sufficient
persons
dwelling
in
the
Countie
(
without
taking
any
others
dwelling
in
forraine
Counties
)
except
the
Lords
,
Iustices
of
both
Benches
,
Iustices
of
Assise
,
the
chiefe
Baron
,
the
chiefe
Stewards
of
the
duchie
of
Lancaster
,
the
Seriants
,
and
the
kings
Attorney
.
2.
H.
5.
Parl.
2.
ca.
1.
Lastly
,
for
that
contrarie
to
these
former
Statutes
,
men
of
smal
substaunce
had
crept
into
the
Commission
,
whose
pouertie
made
them
both
couetous
&
contemptible
,
a
newe
law
was
published
to
this
effect
following
:
None
shal
be
assigned
Iustice
of
the
Peace
,
if
he
haue
not
landes
or
tenementes
to
the
value
of
twentie
pounds
by
the
yeare
:
And
if
any
be
otherwise
appointed
,
he
shal
within
a
moneth
after
notice
of
the
Commission
(
and
vnder
the
paine
of
twentie
pounds
,
and
to
be
put
out
of
the
Commission
)
giue
knowledge
of
his
not
hauing
such
lands
or
tenements
,
to
the
Lord
Chauncelour
,
who
shall
put
an
other
person
sufficiente
in
his
place
.
And
the
like
paine
is
,
if
he
sit
,
or
make
warrant
,
or
anye
precepte
,
by
force
of
the
Commission
.
But
this
,
extendeth
not
to
Cities
,
Boroughes
,
or
Townes
that
be
Counties
of
themselues
,
or
that
haue
Iustices
of
Peace
(
dwelling
in
them
)
by
Commission
or
graunt
of
the
king
:
Nor
to
such
Counties
where
there
be
not
men
sufficient
(
hauing
landes
or
tenements
to
the
value
aforesaid
)
learned
in
the
lawe
,
and
of
good
gouernaunce
:
naunce
:
for
then
other
discrete
persons
learned
in
the
Lawe
,
maye
by
the
Lorde
Chauncelour
bee
putte
in
the
Commission
18.
H.
6.
ca.
11.
Now
although
this
portion
of
twentie
pounds
a
yeare
,
be
not
at
this
day
in
account
aunswerable
to
the
charge
and
countenance
fitte
for
a
Iustice
of
the
Peace
,
yet
who
knoweth
not
,
that
at
the
making
of
this
Lawe
,
it
was
farre
otherwise
:
And
I
do
not
doubt
,
but
as
the
rate
of
all
things
is
greatlye
risen
since
that
time
,
so
is
there
also
good
care
taken
,
that
none
he
nowe
placed
in
the
Commission
,
whose
liuinges
be
not
increased
according
to
the
same
proportion
.
And
thus
,
our
Parliaments
(
entending
to
make
the
Iustice
of
peace
an
able
Iudge
)
doe
require
that
he
come
furnished
with
thrée
of
the
principall
ornamentes
of
a
Iudge
,
that
is
to
saye
,
with
Iustice
,
Wisedome
,
and
Fortitude
,
for
to
that
summe
the
words
,
Good
,
Learned
,
Valiant
,
do
wel
amounte
.
And
aboue
all
,
that
he
loue
&
feare
God
aright
,
without
whiche
he
can
not
bée
●●ounted
Good
at
all
.
How
manie
Commisioners
of
the
Peace
there
ought
to
be
in
each
Countie
.
CAP.
VII
.
THE
number
of
the
Wardeins
of
the
peace
,
was
not
limitted
,
untill
that
the
Statute
(
18.
E.
3.
ca.
2.
)
ordenined
,
that
there
shuld
be
two
or
thrée
in
each
Countie
:
And
bycause
it
was
founde
,
within
a
few
years
experience
,
that
this
number
suffised
not
for
the
gouernaunce
of
the
Countrie
,
therefore
by
an
Acte
(
made
34.
E.
3.
ca.
1.
)
it
was
further
prouided
,
that
in
euerie
Shire
,
one
Lorde
,
and
with
him
thrée
(
or
foure
)
of
the
Best
in
the
Countie
,
and
some
learned
in
the
Lawes
,
shoulde
be
assigned
for
kéeping
of
the
Peace
,
and
to
restraine
offendors
.
In
execution
of
whiche
Statute
,
there
was
(
amongst
many
other
)
one
Commission
for
Kent
,
awared
(
35.
E.
3.
)
to
Robert
Herle
,
Iohn
Cobham
,
Roger
Northwood
,
Ralph
Ireningham
,
Thomas
Lodelowe
,
Robert
Vintar
,
Iohn
Barry
,
and
Thomas
Hartrege
.
But
,
as
it
falleth
out
many
times
,
that
euill
examples
doe
followe
of
good
lawes
:
So
here
it
came
to
passe
,
that
whilest
the
Parliament
prouided
an
increase
of
Officers
,
to
restraine
offendors
,
ambition
so
multiplied
the
number
of
those
Iustices
,
that
it
was
after
warde
high
time
to
make
a
contrarie
lawe
to
diminish
them
,
And
therefore
,
by
the
Statutes
(
12.
R.
2.
ca.
10.
and
14.
R.
2.
ca.
II.
)
it
was
prohibited
,
that
there
should
not
bée
any
moe
than
sire
Iustices
of
the
Peace
in
any
Commission
,
besides
the
two
Iustices
of
Assise
,
and
certaine
Lordes
that
were
assigned
in
the
Parliament
itselfe
.
And
for
the
better
restrainte
of
the
increase
of
them
in
time
to
come
,
it
was
also
then
further
enacted
,
that
no
Assotiation
shoulde
bée
made
to
the
Iustices
of
Peace
,
after
their
firste
Commission
.
12.
R.
2.
Ca.
10.
Which
lawe
although
it
bée
not
abrogated
till
this
day
,
yet
it
was
long
since
eluded
,
by
making
of
newe
Commissions
,
that
had
more
new
Iustices
thrust
in
to
them
.
And
truelie
it
séemeth
to
me
,
that
(
togither
with
the
like
ambitious
desire
of
bearing
rule
in
some
)
the
growing
number
of
the
Statute
lawes
committed
from
time
to
time
to
the
charge
of
the
Iustices
of
the
Peace
,
hath
bene
the
cause
that
they
also
are
nowe
againe
increased
to
the
ouerflowing
of
each
Shire
at
this
day
.
For
,
if
Hussey
the
chiefe
Iustice
(
1.
H.
7.
3
)
thought
that
it
was
ynough
to
loade
all
the
Iustices
of
the
Peace
of
those
dayes
,
wyth
the
execution
,
onelie
of
the
Statutes
of
Winchester
,
&
Westminster
,
for
Robberies
and
Felonies
,
the
Statute
of
Forcible
entries
,
the
Statutes
of
Labourers
,
Vagaboundes
,
Liueries
,
Maintenaunce
,
Embracerie
,
and
Shirifes
:
Then
how
many
Iustices
(
thinke
you
)
many
now
suffise
(
without
breaking
theyr
backes
)
to
beare
so
manie
,
not
loades
,
but
Stacks
of
Statutes
,
that
haue
since
that
time
bene
laide
vppon
them
:
To
dispute
,
whether
it
be
better
to
haue
manye
,
or
few
Iustices
of
the
Peace
,
in
each
Shire
,
(
if
all
putte
in
were
able
for
the
place
)
is
a
noble
question
,
&
worthie
of
a
higher
consideration
,
and
therefore
it
becommeth
not
mée
to
enter
into
it
.
The
forme
of
the
Commission
of
the
Peace
.
CHAP.
VIII
.
For
as
much
as
al
the
auctoritie
and
power
of
the
Commissioners
of
the
Peace
,
floweth
out
of
theyr
Commission
,
and
the
Statutes
(
as
it
were
out
of
two
Principall
springs
or
fountaines
)
it
is
nowe
time
to
vnfolde
the
Commission
it selfe
,
and
to
sée
what
is
contained
in
it
.
ELizabetha
,
Deigratia
,
Angliae
,
Franciae
,
&
Hiberniae
Reginae
,
fidei
defensor
&c.
Praedilecto
&
fideli
,
Edmundo
Cantuar.
Trauailing
men
.
Et
similiter
ad
Statuta
&
ordinationes
apud
Westmonast
.
anno
regni
Henrici
quarti
nuper
Regis
Angliae
defuncti
,
primo
&
secundo
,
de
liberatis
signorum
societatis
,
militibus
,
armigeris
,
seu
valectis
,
&
alys
liberatis
pannorum
minimè
dandis
,
nec
eis
liberatis
aliqualiter
vtendis
:
Ac
ad
quoddam
aliud
Statutum
Henrici
quinti
nuper
Regis
&c.
in
Parliamento
apud
Westmonasterium
&c.
De
controfactura
,
lotura
,
tonsura
,
&
al●a
falsitura
,
monetae
terrae
nostrae
similiter
editum
,
iuxta
vim
,
formam
,
&
effectum
eorundem
,
custodiendum
,
&
custodiri
faciendum
:
Ac
ad
omnia
alia
ordinationes
&
Statuta
,
pro
bonopacis
nostrae
,
ac
quieto
regimine
&
gubernatione
populi
nostri
edita
,
in
omnibus
&
singulis
suis
articulis
,
in
Comitatu
nostro
Kanciae
,
tam
infra
libertates
,
quàm
extra
(
per
quosreiveritas
melius
sciri
potent
)
iuxta
vim
,
formam
,
&
effectum
corundem
,
custodienda
,
&
custodiri
facienda
:
Et
ad
omnes
illos
,
quos
(
contraformam
ordinationum
&
Statutorum
praedictorum
delinquentes
inueneritis
)
castigandos
,
&
puniendos
,
prout
(
secundum
formam
ordinationum
&
Statutorum
praedictorum
)
fuerit
faciendum
:
Et
ad
omnes
illos
,
qui
aliquibus
de
populo
nostro
(
de
corporibus
suis
,
vel
de
incendio
domorum
sua
rum
)
minas
fecerint
,
ad
sufficientem
securitaetem
de
pace
&
bono
gestu
suo
erganos
&
populum
nostrum
inueniendam
,
coram
vobis
venire
,
&
si
huinsinodi
securitatem
inuenire
recusauerint
,
tunc
eos
in
prisonis
nostris
,
quousque
eiusmodi
securitate
inuencrint
,
saluos
custodiri
faciendum
.
Assignauimus
etiam
vos
:
&
quoscunque
vestrum
,
Iusticiarios
nostros
,
ad
inquirendum
per
Sacramentum
proborum
&
legalium
hominum
de
comitatu
praedicto
(
per
quosrei
veritas
melius
sciri
poterit
)
de
omnimodis
felonys
,
transgressionibus
,
forstallarys
,
regratays
,
&
extortionibus
in
comitatu
praedicto
per
quoscunque
&
qualitercunque
.
factis
siue
perpetratis
,
&
quae
ex
nunc
ibidem
fieri
vel
attemptari
contigerit
:
Et
etiam
de
omnibus
illis
,
qui
in
conuenticulis
contra
pacem
nostram
,
&
in
perturbationem
populi
nostri
,
seu
vi
armata
ierunt
,
vel
equitauerunt
,
seu
ex
modo
irevel
equitare
presumpserint
:
Et
etiam
de
bys
qui
ad
gentem
nostram
Mayhemandam
,
velinterficiendam
in
insidys
iacuerunt
,
seu
ex
modo
iacere
presumpserint
.
Et
etiam
de
omnibus
illis
,
qui
capitys
,
&
alys
liberatis
de
vnica
secta
,
per
confoederatione
&
pro
manutenentiae
,
contra
prohibitionem
ac
formam
ordinationum
&
Statutorum
praedictorum
inde
ante
haec
tempora
factorum
,
vsifuerint
,
&
alys
huiusmodi
liberatis
imposterum
vtentibus
.
Et
etiam
de
hostellarys
,
&
alys
,
qui
in
abusu
mensurarum
&
ponderum
,
ac
in
venditione
victualium
,
ac
etiam
de
quibuscunque
,
operarys
,
mendicantibus
,
artificibus
,
seruitoribus
,
hostellarys
,
&
vagabundis
,
ac
alys
qui
contra
formam
ordinationum
&
Statutorum
praedictorum
(
pro
communi
vtilitate
regni
nostri
Angliae
,
&
populi
nostri
eiusdem
,
de
huiusmodivenatoribus
,
operarys
,
artificibus
,
seruiteribus
,
hostellarys
,
mendicantibus
&
vagabundis
,
ac
alys
inde
factorum
)
deliquerint
,
vel
attemtauerint
in
comitatu
praedicto
,
seu
extunc
delinquere
,
vel
attemptare
praesumpserint
.
Assignauimus
etiam
vos
.
79.78.77
.
&
C.
quatuor
,
tres
,
&
duos
vestrum
(
quorum
aliquem
vestrum
,
vos
,
A.
B.
C.
D.
&c.
vnum
esse
volumus
)
Iusticiarios
nostros
,
ad
felonias
praedictas
,
acea
omnia
&
singula
quae
per
huiusmodi
Hostellarios
&
alios
,
qui
in
abusu
mensurarum
&
ponderum
,
ac
in
venditione
victualium
,
&
omnia
alia
quae
per
huiusmodi
operarios
,
artifices
,
seruitores
,
laboratores
,
mendicantes
,
&
vagabundos
,
qui
contra
formam
ordinationum
&
Statutorum
praedictorum
,
seu
in
eneruationem
coru●dem
,
in
aliquopraesumpta
,
vel
attemptata
fuerint
,
vel
attemptari
contigerint
:
Prouiso
semper
,
quod
si
casus
difficultatis
super
determinatione
extortionum
hu●smodi
coram
vobis
venire
contigerit
,
●●nc
ad
Iudicium
inde
reddendum
(
nisi
in
praesentia
vnius
Iusticiariorum
nostrorum
,
de
vno
vel
de
altero
Banco
,
aut
Iusticiariorum
nostrorum
ad
Assis
as
in
comitatu
praedicto
capiendas
assignatorum
)
coram
vobis
minimè
procedatur
.
Mandauimus
enim
vicecomiti
nostro
Kanciae
,
quod
ad
certos
dies
&
loca
(
quos
vos
,
seu
aliqui
vestrum
,
ei
scire
faciatis
)
venire
faciat
coram
vobis
,
seu
aliquibus
vestrum
,
tot
&
tales
probos
&
legales
homines
de
Balliua
sua
,
tam
infra
libertates
,
quàm
extra
,
per
quos
rei
veritas
in
praemissis
melius
sciri
poterit
,
&
inquiri
.
Et
vos
prarfati
Thom
Wotton
,
ad
dies
&
locae
praedicta
,
breuia
,
praeceptae
,
processus
,
&
indictamenta
praedicta
,
coram
vobis
&
dictis
socys
vestris
,
venire
faciatis
,
&
ea
inspiciatis
,
&
debito
fine
terminetis
,
sicut
praedictum
est
.
In
cuius
rei
testimonium
&c.
Datum
.
6.
die
Aug.
Anno
regninostri
.
21
.
Certaine
obseruations
,
concerning
the
matter
&
forme
of
the
Commission
of
the
Peace
.
CAP.
IX
.
MAister
Fitzherberte
,
in
his
treatise
of
Iustices
of
te
Peace
,
(
Fo.
11.
b.
)
séemeth
to
bée
of
the
opinion
,
that
this
forme
of
Commission
was
deuised
,
when
Iustices
Of
the
peace
were
first
ordained
:
But
(
sauing
the
reuerence
due
to
so
learned
a
Iudge
)
I
suspect
that
the
matter
is
mistaken
by
him
.
For
,
besides
that
the
Commission
it selfe
doth
rehearse
certaine
Statutes
made
in
the
times
of
King
Henrie
the
fourth
,
and
of
King
Henrie
the
fift
(
many
yeares
after
that
Iustices
of
the
peace
were
created
)
It
is
the
agréeing
opinion
of
al
the
Iustices
(
2
R.
3.9
.
)
the
Iustices
of
the
peace
had
no
power
at
the
first
but
only
ad
Conseruandam
pacem
Regis
,
and
that
afterward
when
they
had
power
giuen
them
ouer
Felons
,
it
was
not
ynough
for
them
to
say
(
in
their
Certificate
of
an
Enditemente
of
Felonie
)
that
it
was
founde
,
Coram
Iusticiarijs
Domini
Regis
,
ad
pacem
in
comitatu
praedicto
conseruandam
,
but
that
they
must
adde
withall
,
Necnon
ad
diuersas
felontas
&c.
and
that
otherwise
their
Certificat
was
of
no
value
.
And
as
it
is
euident
,
that
(
34
E.
3
ca.
1.
)
was
the
firste
Statute
that
gaue
to
them
that
power
to
heare
and
determine
felonies
and
trespasses
:
So
there
is
a
Precedent
to
be
séene
(
35
E.
3.
in
dorso
patent
.
parte
.
2.
)
wherby
it
appeareth
that
the
forme
of
their
Commission
was
then
enlarged
accordingly
.
After
that
time
also
,
it
is
apparaunte
,
that
sundrie
things
were
by
expresse
commaundement
of
diuerse
Statutes
put
into
theyr
Commission
,
of
whiche
sorte
bée
these
,
the
Statute
(
36.
E.
3.
ca.
12.
)
by
whiche
there
ought
to
be
mention
in
the
Commission
,
of
the
times
of
holding
the
Sessions
of
the
Peace
,
although
the
same
were
afterwardes
pretermitted
,
bycause
2.
H.
5.
ca.
4.
did
alter
those
times
in
apointing
of
others
:
the
Acte
(
42.
E.
3.
ca.
6.
)
by
whiche
,
auctoritie
ouer
Labourers
was
giuen
unto
them
,
and
willed
to
bée
putte
into
their
Commission
:
The
Statute
(
5.
H.
4.
ca
3.
)
whereby
it
was
commaunded
,
that
mention
of
Winchester
,
(
concerning
watch
)
should
be
added
so
their
Commission
:
and
the
Statute
(
3.
H.
5.
ca.
7.
)
which
tooke
order
that
Iustices
of
Peace
shoulde
haue
power
by
the
Kings
Commission
to
enquire
of
the
counterfaiting
and
other
falsifying
of
money
.
Besides
all
whiche
,
it
is
verie
probable
and
likelie
,
that
the
mention
of
Weightes
and
Measures
,
of
Vagaboundes
of
Liueries
,
and
of
some
other
things
,
was
first
put
into
the
Commission
,
after
the
making
of
these
Statutes
(
34.
E.
3.
ca.
5.
&
.6
.
7.
R.
2.
ca.
5
:
17.
R.
2.
ca.
4
:
2.
H.
4.
ca.
21.
)
and
some
others
,
whyche
did
first
giue
power
to
the
Wardeins
and
Iustices
of
the
Peace
,
to
deale
with
those
and
some
other
matters
.
So
farre
of
is
it
,
that
this
Commission
hath
from
the
beginning
retained
one
constant
tenour
and
forme
.
Yea
,
as
I
am
verelie
persuaded
,
that
the
forme
of
this
Commission
hath
veried
with
the
time
,
and
receiued
sundrie
accessions
:
so
I
trust
hereafter
to
make
it
plaine
,
that
it
were
conuenient
to
reforme
it
now
also
for
diuers
imperfections
that
do
yet
remaine
in
it
:
euen
as
in
our
memorie
,
the
Statute
of
Lollards
,
which
was
thrust
into
the
Commission
by
2.
H.
5.
ca.
7
and
was
(
in
Maister
Fitz.
own
dayes
)
vsually
read
in
it
,
is
nowe
vpon
iust
reason
,
as
a
thing
sauouring
of
the
pumpe
(
the
Pope
I
woulde
say
)
throwen
cleane
out
of
the
booke
.
But
first
,
let
me
breake
it
(
as
it
is
)
into
partes
,
and
leaue
with
you
a
few
notes
vpon
the
same
.
The
whole
substaunce
of
this
Commission
,
-
1
The
Salutation
of
the
Prince
,
-
2
The
power
of
the
Iustices
:
and
-
3
The
Charge
from
the
Prince
,
to
them
,
and
others
.
The
Salutation
of
the
Prince
expresseth
the
names
of
the
Iustices
,
Then
followeth
the
Power
of
the
Iustices
,
Sciatis
quòd
assignauimus
vos
,
contunctim
,
&
diuisim
,
ad
pacem
&c.
custodienda
,
&
custodiri
facienda
:
The
second
beginneth
in
these
wordes
:
Assignauimus
etiam
vos
,
&
quoscunque
vestrum
,
Iusticiarios
nostros
:
ad
inquirendum
&c.
The
last
beginneth
likewise
:
Assignauimus
etiam
vos
,
&
duos
vestrum
,
quorum
&c.
vnum
essevolumus
,
ad
felonias
&c.
audienda
&
terminanda
.
The
first
Clause
(
or
Assignauimus
)
giueth
power
to
all
,
to
many
,
or
any
one
of
them
,
Maister
Fitzherb
.
vnderstandeth
the
wordes
,
coniunctim
&
diuisim
)
to
kéepe
,
and
cause
to
be
kepte
,
the
Peace
,
and
especially
to
kéepe
these
Statutes
made
for
the
maintenaunce
of
the
same
,
that
is
to
say
,
first
the
Statute
of
Winchester
,
13
E.
1.
The
the
Statute
of
Northampton
.
2.
E.
3.
ca.
3.
And
the
Statute
of
Westminster
.
5.
E.
3
ca.
14.
whyche
doeth
concerne
the
Peace
,
and
not
(
as
Maister
Fitzh
.
wil
haue
it
)
the
Statutes
of
Westminster
,
the
first
second
,
or
thirde
,
whiche
as
they
have
almoste
nothing
concerning
the
matter
of
Peace
,
(
that
of
W.
1.
ca.
9.
onely
excepted
)
so
to
go
from
the
Statute
of
Northampton
to
them
,
were
to
ascende
,
contrary
to
the
course
of
the
Commission
,
whiche
descendeth
by
degrées
of
age
and
time
,
from
elder
to
latter
lawes
and
Statutes
:
and
for
my
Warrant
herein
,
I
vouche
the
Recorde
(
20.
E.
3
in
dorso
patent
.
parte
.
2.
membrana
.
7.
)
where
in
a
Commission
of
the
Peace
to
Adam
of
Scarborowe
,
and
others
,
they
are
charged
to
putte
in
execution
the
Statutes
,
of
Winchester
,
Northampton
.
and
Westminster
,
made
the
fift
yeare
of
that
King
.
After
this
,
the
Statute
of
Cambridge
,
whiche
worde
in
déede
(
as
Maister
Fitzh
.
thinketh
)
is
mistaken
for
Canterburie
,
and
was
made
there
.
12.
R.
2.
ca.
7.8
.
&
.10
concerning
Artuficers
,
Labourers
,
Seruauntes
,
and
Vagaboundes
:
for
of
Hunters
it
hath
no
worde
,
whatsoeuer
the
Commission
say
of
Venatoribus
,
whiche
should
be
Viatoribus
as
I
thinke
:
the
Statute
(
1.
H.
4.
ca.
7
:
&
2.
H.
4.
ca.
21
)
of
Liueries
and
Badges
:
and
the
Statute
(
3.
H.
5.
ca.
6.
&
.7
.
)
of
Counterfayting
,
Clipping
,
and
Washing
money
.
The
same
Clause
also
giueth
them
power
to
kéepe
,
and
cause
to
be
kepte
,
al
other
Statutes
,
made
,
pro
bono
pacis
,
&
quieto
regimine
populi
:
by
whiche
wordes
,
the
Commission
meaneth
(
as
I
thinke
)
all
Statutes
for
Armor
,
for
that
tendeth
to
the
kéeping
of
the
Peace
,
as
the
Statute
of
Winchester
it selfe
confesseth
:
All
Statutes
for
arresting
of
Robbers
,
Murderers
,
Felons
,
Royotters
,
and
Suspected
Persons
;
whiche
are
euerie
where
saide
to
be
againste
the
Peace
:
All
Statutes
concerning
the
duties
of
Shirifes
,
Bailifes
,
Conestables
&c.
without
whiche
the
Peace
can
not
be
kepte
,
as
the
Statute
of
Northampton
(
2.
E.
3
ca.
4.
)
plainelie
affirmeth
:
and
al
Statutes
made
for
the
repressing
or
punishment
of
Force
,
Violence
,
and
Fighting
.
This
first
Clause
(
or
Assignauimus
)
is
closed
vp
with
a
declaration
of
the
meane
,
by
which
they
shall
cause
the
Peace
and
these
Statutes
to
be
kepte
:
that
is
to
saye
,
by
chastising
the
offendors
,
either
according
to
the
orders
of
the
saide
Statutes
,
or
by
taking
suertie
of
them
for
their
kéeping
of
the
Peace
,
or
for
their
good
abearing
,
or
by
imprisonment
vntil
they
wil
be
so
bound
.
But
here
,
before
I
conclude
this
Clause
,
I
must
admonith
the
reader
,
that
these
statutes
of
Laboure●s
,
Seruants
,
Artificers
,
and
Vagaboundes
,
be
repealed
by
new
Actes
of
our
time
prouided
in
that
behalfe
,
and
that
therefore
they
are
vainely
rehearsed
in
the
Commission
at
this
day
.
(
3.
H.
5.
ca.
6.
)
for
the
washing
,
clipping
,
and
fyling
of
money
,
ought
to
haue
no
place
in
the
Commission
of
the
Peace
at
this
day
:
for
,
those
special
Treasons
be
repealed
by
the
generall
wordes
of
1.
Mariae
,
&
although
the
same
offences
be
made
Treason
againe
by
5.
Eliza.
ca.
11.
yet
that
newe
Statute
giueth
no
power
therein
to
the
Iustices
of
the
Peace
.
But
yet
,
as
concerning
the
counterfayting
of
false
money
,
the
Iustices
of
Peace
haue
still
in
mine
opinion
power
,
to
enquire
by
vertue
of
that
Statute
(
3.
H.
5.
ca.
7.
)
and
by
this
Commission
,
bycause
that
that
Treason
was
declared
by
the
Statute
.
25.
E.
3.
and
therefore
it
is
not
now
repealed
by
1.
Mariae
,
as
the
others
were
.
And
these
(
as
also
that
mistaking
of
Cambridge
,
for
Caterburie
&
the
inserting
of
that
words
(
per
quos
rei
veritas
&c.
)
in
thys
first
clause
without
any
sense
,
&
the
stil
calling
of
the
that
be
the
Commissioners
,
custodes
pacis
according
to
the
old
name
,
omitting
throughe
the
whole
course
of
the
Commission
,
to
giue
vnto
the
once
the
name
of
Iustices
of
the
Peace
,
althoughe
in
all
Statutes
since
36.
E.
3.
they
be
so
called
)
bée
some
of
the
imperfections
that
I
meant
,
when
I
thought
it
méete
to
haue
the
Commission
reformed
.
Neither
may
I
wel
ouerpasse
,
that
by
these
wordes
(
Et
ad
omnes
illos
quos
contra
formam
Statutorum
proedictorum
&c.
delinquentes
inueneritis
,
pun
iendos
,
prout
secundùm
formam
Statutorum
proedictorum
fueru
faciendum
.
&c.
)
in
this
first
Assignauimus
,
greater
power
seemeth
to
be
giuen
by
the
letter
of
the
Commission
,
than
is
ment
by
the
Author
of
the
Commission
:
for
,
by
these
wordes
,
it
séemeth
that
one
Iustice
of
the
Peace
may
punish
the
Treason
of
counterfaiting
,
whiche
I
thinke
is
more
than
is
thought
méete
to
be
put
into
his
hāvs
.
And
in
the
commissions
next
folowing
the
Statute
it selfe
of
3.
H.
5.
euen
for
that
reason
was
placed
in
the
last
Assignauimus
of
those
Commissions
.
The
second
Clause
(
or
Assignauimus
)
first
enableth
all
,
or
anie
two
,
of
these
Iustices
(
for
so
M.
Fitzh
.
taketh
the
words
,
Vos
,
&
quoscunque
vestrum
)
to
enquire
of
al
Felonies
,
and
Trespasses
,
and
of
all
offences
done
againste
those
Statutes
,
that
are
contained
within
the
same
clause
:
and
to
enquire
of
all
Shirifes
,
and
other
inferiour
Officers
,
that
be
remisse
in
the
execution
of
the
saide
laws
&
statutes
committed
to
their
charge
.
Then
it
authorizeth
them
,
or
any
two
of
them
,
to
procéede
,
and
to
make
processe
vpon
al
auntient
&
present
Enditements
.
vntil
the
parties
shal
either
be
take
,
or
shal
yéeld
theselues
,
or
be
outlawed
for
their
contumacie
.
Here
also
,
that
form
of
this
Comission
desireth
help
,
in
that
there
is
reference
made
to
those
Statutes
of
Artificers
,
Labourers
,
and
Vagabounds
which
be
repealed
as
I
told
you
.
And
also
metion
made
of
Inditemets
take
to
long
ago
,
to
make
any
processe
out
vpon
them
at
this
day
.
But
for
as
much
as
it
auailed
little
to
the
correction
of
offendors
,
to
haue
their
faults
brought
to
light
by
Enquirie
,
vnlesse
Iudgement
&
Execution
had
bene
also
giue
&
done
vpon
the
same
with
some
conuenient
spéede
,
therefore
the
thirde
Clause
(
or
Assignauimus
)
in
the
Commission
was
added
,
which
giueth
power
to
the
Iustices
of
the
Peace
,
or
to
two
of
them
(
whereof
the
one
muste
be
one
of
the
select
number
of
them
,
now
commonly
called
of
the
Quorum
,
bicause
the
Commission
in
making
that
choise
beginneth
with
that
word
)
to
heare
&
determine
al
the
offences
comprehended
within
the
same
,
&
to
chastise
the
offendors
according
to
the
laws
&
customes
of
the
Realme
&
according
to
the
Statutes
in
that
behalfe
made
&
ordeyned
.
But
yet
so
,
that
if
any
question
(
or
difficultie
)
do
arise
concerning
Extortions
,
the
they
should
not
procéede
to
Iudgement
thereupon
,
without
the
aduise
of
one
of
the
Iustices
,
of
the
one
Bench
,
or
of
the
other
or
(
who
be
their
Commune
Oracle
for
aunswere
in
Law
)
of
the
Iustices
of
Ass●s●
.
By
the
equitie
of
whiche
Prouisoe
,
M.
Fitzh
.
(
Fo.
7.
)
thinketh
,
that
they
are
likewise
restrayned
in
all
cases
of
doubt
whatsoeuer
:
howbeit
he
graunteth
,
that
if
they
do
procéede
of
the
selues
,
their
Iudgement
standeth
good
,
vntil
it
be
reuersed
by
Error
.
18.
E.
3.
ca.
2.34
.
E.
3.
ca.
1.
&
13.
R.
2.
ca.
7
to
cause
it
to
be
expresly
enacted
,
that
some
lerned
in
the
laws
should
be
put
into
the
Commission
:
and
all
Statutes
,
that
desire
the
presence
of
one
of
the
Quorum
,
do
secretly
signifie
such
a
learned
man
.
But
here
againe
the
Commission
(
chorda
quae
semper
oberrat
eadem
)
doth
make
muche
relation
to
the
saide
Statutes
that
are
not
now
at
all
.
The
power
giuen
to
these
Iustices
hathe
appeared
.
The
Shirife
is
saide
to
haue
bene
charged
aforehand
to
be
attendant
in
the
Returne
of
Iuries
before
them
,
in
these
words
,
Mandauimus
enim
Vicecomiti
,
&c.
And
the
Custos
Rotulorum
(
for
it
is
meant
of
him
,
althoughe
he
be
not
so
there
called
)
is
charged
to
bring
the
Records
&
Processe
of
the
Peace
,
and
in
due
sorte
to
consider
and
directe
the
same
,
by
these
words
:
Et
vos
praefatae
Thom.
Wootton
,
&c.
Of
whose
office
and
authoritie
somewhat
shall
be
sayd
also
in
particular
in
the
second
Booke
of
this
treatise
.
Of
the
two
Othes
ministred
to
the
Iustices
of
the
Peace
.
CHAP.
X.
SVch
as
occupie
Iudicial
places
,
ought
to
take
héede
what
they
doe
,
knowing
(
as
Iehosaphat
saide
)
that
they
exercise
not
the
iudgements
of
Men
onelie
,
but
of
God
himselfe
,
whose
power
,
as
they
doe
participate
:
Vpon
this
ground
,
the
Statute
(
13.
R.
2.
Stat.
1.
ca.
7.
)
which
willed
,
that
Iustices
of
the
Peace
should
be
made
of
new
in
all
the
Counties
of
England
,
did
there
withall
take
order
,
that
they
should
be
sworne
,
to
keepe
and
put
in
execution
,
all
the
Statues
touching
their
office
:
whiche
albeit
that
it
be
the
firste
Othe
that
I
find
to
haue
béene
ministred
to
Iustices
of
the
Peace
,
yet
I
think
they
were
not
vnsworne
before
,
nor
at
any
time
after
,
as
may
be
collected
vppon
the
bookes
21.
E.
4.67
.
&
12.
E.
4.18
and
I
beléeue
also
,
that
that
manner
of
Othe
was
deuised
but
for
that
time
onelie
,
and
continued
not
long
in
that
forme
,
as
being
of
it selfe
very
generall
,
and
hard
to
be
obserued
.
And
that
(
happily
)
was
the
cause
,
that
it
appeareth
to
be
changed
to
that
forme
,
which
M.
Fitzh
.
in
his
Booke
hath
left
vs
,
and
which
(
with
the
alteration
of
a
fewe
wordes
onelie
)
is
yet
at
this
day
put
in
vse
.
For
,
vpon
the
renuing
of
the
Commission
of
the
Peace
(
which
nowe
a
days
hapneth
as
often
as
any
person
is
newly
broughte
into
the
same
)
there
commeth
of
course
a
Writ
of
Dedimus
potestatem
,
directed
out
of
the
Chauncerie
to
some
auntient
Iustice
of
the
Peace
,
to
take
the
Othe
of
him
whose
name
is
newly
inserted
,
and
to
certifie
the
same
into
that
Courte
at
suche
daye
as
the
Writ
commaundeth
.
This
Writ
is
at
this
daye
accompanyed
wyth
twoo
Scedules
,
whereof
the
one
containeth
the
Othe
of
the
Office
of
a
Iustice
of
the
Peace
,
in
his
forme
:
Ye
shall
sweare
,
that
as
Iustice
of
the
peace
in
the
Countie
of
Kent
,
in
all
Articles
in
the
Queenes
Commission
to
you
directed
.
yee
shal
doe
egall
right
to
the
poore
,
and
to
the
rich
,
after
your
cunning
,
wit
,
and
power
,
and
after
the
lawes
and
customes
of
the
Realme
,
and
Statutes
thereof
made
:
And
yee
shall
not
be
counsell
wyth
anie
quarrell
hanging
before
you
:
And
that
ye
hold
your
Sessions
after
the
forme
of
Statutes
thereof
made
:
And
the
issues
,
fines
,
&
amercements
,
that
shal
happen
to
be
made
,
and
al
forfaitures
which
shal
fal
before
you
,
ye
shal
cause
to
be
entred
without
anie
concealement
or
embeaseling
,
and
truely
sende
them
to
the
Queenes
Escheaquer
.
and
by
the
contents
of
this
Booke
.
And
his
Saincts
,
in
the
Printed
Booke
.
The
variance
betwéene
this
and
that
elder
forme
standeth
(
as
you
may
sée
by
the
Margent
)
in
thrée
points
:
whereof
,
twaine
be
of
no
waight
at
all
,
but
the
third
did
néed
amendment
.
For
,
right
godlie
and
wel
did
those
32.
persons
(
that
were
put
in
truste
to
pen
Ecclesiasticall
lawes
)
purpose
to
make
this
lawe
,
amongst
others
:
Legitimun
autem
iuramentum
,
ys
verbis
,
&
nullis
alys
,
suscipi
volumus
:
Ita
me
Deus
,
per
Dominum
nostrum
Iesum
Christum
adiu●et
.
This
Othe
of
the
Office
consisteth
of
sire
Articles
,
which
(
for
memories
sake
)
I
haue
séene
expressed
in
these
6.
Verses
folowing
:
Do
equall
right
to
rich
&
poore
,
as
wit
&
lawe
extends
:
Giue
none
aduise
in
anie
cause
,
that
you
before
depends
:
your
sessions
hold
,
as
statutes
bid
:
The
forfeites
that
befall
,
See
entred
well
,
and
then
estreate
them
to
the
Cheaquer
all
:
Receiue
no
fee
,
but
that
is
giue
by
Queene
,
good
use
,
or
right
:
Ne
send
precept
to
partie
selfe
,
but
to
indifferent
wight
.
The
other
Scedule
comprehendeth
that
forme
of
Othe
,
which
(
after
the
seconde
abolishment
of
the
vsurped
authoritie
of
the
Romish
Pharao
,
by
the
ioyous
entrie
of
our
gratious
Queene
Elizabeth
)
was
in
the
first
Parliament
of
hir
raigne
(
ca.
1
)
appointed
for
Iustices
of
Peace
(
amongest
others
)
to
take
,
before
that
they
should
exercise
the
office
:
and
it
hath
these
words
:
I
William
Lambarde
,
do
vtterly
testifie
,
and
decleare
in
my
conscience
,
that
the
Queenes
Highnesse
is
the
onely
superame
Gouernour
of
this
Realme
,
and
of
all
other
hir
Highnesse
Dominions
and
Countries
,
as
well
in
all
spirituall
and
ecclesiasticall
things
(
or
cause
)
as
temporall
,
and
that
no
forraine
Prince
,
Person
,
Prelate
,
State
,
or
Potentate
,
hath
,
or
ought
to
haue
,
any
iurisdictionm
,
power
,
superioritie
,
preheminence
,
or
authoritie
,
ecclesiasticall
or
spirituall
,
within
this
realme
:
So
help
me
God
,
&c.
There
hath
bene
care
taken
,
once
,
or
twice
(
in
our
memorie
)
to
exact
this
latter
Othe
of
all
the
Iustices
of
Peace
throughout
the
Realme
,
where
of
some
good
hath
ensued
:
But
yet
many
a
Iustice
there
is
,
that
by
indirect
practise
neuer
tooke
,
neyther
thys
,
nor
the
former
,
whereof
what
harmes
doe
,
and
may
grow
,
I
leaue
to
wiser
and
higher
men
to
be
considered
.
Of
the
power
absolute
,
and
limited
,
that
the
Iustices
of
the
Peace
haue
.
CHAP.
XI
.
THe
power
of
the
Iustice
of
Peace
,
is
in
some
cases
Limited
,
&
(
in
other
some
cases
)
Absolute
:
It
is
a
good
Counsell
(
which
Aristotle
giueth
in
his
Rhetorikes
ad
Theodectem
that
in
the
making
of
lawes
,
Quoad
eius
fieri
possit
,
quam
plurima
legibus
ipsis
definiantur
,
quàm
paucissimaverò
Iudicis
arbitrio
relinquantur
:
and
the
Commission
of
the
Peace
(
following
that
aduise
)
doth
leaue
little
(
or
nothing
)
to
the
discreation
of
the
Iustices
of
the
Peace
,
but
bindeth
them
faste
with
the
chaines
of
the
Lawes
,
customes
,
ordinances
,
and
Statutes
.
Howbeit
,
our
latter
lawes
of
Parliament
,
although
they
also
endeuour
(
for
the
most
parte
)
to
hold
the
same
course
,
yet
forasmuche
as
euerie
considerable
circumstance
can
not
be
foreséene
at
the
time
of
the
making
of
the
Lawe
,
they
doe
many
times
leaue
to
be
supplied
by
the
discretion
of
the
Executioner
of
the
Lawe
,
that
thing
which
was
not
conueniently
comprehended
before
hand
,
by
the
wisedom
of
the
maker
of
the
Law
.
And
therefore
,
although
Discretion
be
necessary
in
the
execution
of
euery
law
(
be
it
neuer
so
certainely
set
forth
,
and
bounded
in
it selfe
)
yet
(
in
the
mouth
&
language
of
our
Lawe
)
that
onelie
and
properly
is
said
to
be
done
by
Discretion
,
which
is
not
specially
limited
with
all
the
circumstances
,
but
is
indifferently
referred
to
the
consideration
of
the
Iustice
that
is
putte
in
trust
with
it
.
And
truely
it
is
to
be
wished
,
that
Iustices
of
the
Peace
would
not
by
colour
of
this
reference
to
their
Discretion
in
some
fewe
cases
arrogate
vnto
themselues
authoritie
to
vse
their
discretion
,
&
to
play
(
as
it
were
)
the
Chauncelours
,
in
euery
cause
that
commeth
before
them
.
For
no
way
better
shall
the
Discretion
of
a
Iustice
of
the
Peace
appeare
,
than
if
he
(
remembring
that
he
is
Lex
loquens
)
do
containe
himselfe
within
the
lists
of
law
,
and
(
being
soberly
wise
)
do
not
vse
his
owne
Discretion
,
but
onely
where
both
the
law
permitteth
,
and
the
present
case
requireth
it
.
Right
well
saide
Cicero
:
Est
sapientis
Iudicis
cogttare
,
tantum
sibi
esse
permissum
,
quantum
sit
commissum
ac
creditum
.
Of
the
Iurisdiction
,
and
Coertion
,
belonging
to
the
Iustices
of
Peace
.
CHAP.
XII
.
AS
Iustice
can
not
bée
administred
without
both
a
Declaration
of
the
Law
,
and
an
Execution
of
the
same
:
So
,
to
the
ende
that
our
Iustices
of
the
Peace
may
be
able
to
deliuer
Iustice
,
they
are
accomplished
with
double
power
,
the
one
of
Iurisdiction
,
and
the
other
of
Coertion
,
the
which
other
men
doe
call
Vocationem
&
Praehensionem
,
that
is
to
say
,
Authoritie
,
not
onelie
to
conuent
the
persons
,
but
also
(
after
the
cause
heard
and
adiudged
)
to
constraine
them
to
obey
their
order
and
decrée
.
This
Iurisdiction
of
theirs
is
exercised
,
for
the
most
part
(
if
not
althogither
)
aboute
those
causes
which
be
in
a
maner
the
same
that
the
Ciuil
Lawyers
do
call
,
Iudicia
publica
,
partely
,
because
the
Prince
(
who
representeth
the
head
of
the
common
wealth
)
hath
interest
in
the
most
of
them
,
as
wel
as
that
priuate
perso
which
is
immediatly
offended
,
and
partely
,
because
they
are
not
commonly
tryed
by
suche
Action
as
other
Ciuil
and
Priuate
causes
are
,
but
rather
by
Criminall
and
Publique
Accusation
,
Information
,
or
Presentment
.
And
herein
the
Iustice
of
the
Peace
is
by
the
one
halfe
superiour
to
the
antient
Conseruatour
of
the
Peace
,
who
had
onlie
Coertion
in
a
fewe
cases
,
and
no
Iurisdiction
in
any
case
that
I
remember
.
But
if
the
aucthoritie
of
these
Iustices
should
cease
,
when
the
fault
is
told
,
hearde
,
and
adiudged
,
then
should
they
be
no
better
than
halfe
Iustices
:
and
therefore
the
Law
hath
also
Cohertion
,
Execution
,
(
or
punishment
)
(
as
I
said
)
into
their
hands
,
least
otherwise
their
iudgements
should
be
deluded
for
want
of
power
to
bring
the
to
effect
.
This
Punishment
then
,
is
an
orderly
execution
of
a
lawfull
iudgement
,
layed
vpon
an
offendour
,
by
the
minister
of
the
Lawe
:
and
it
is
done
for
foure
causes
:
first
,
for
the
amendment
of
the
offendor
.
The
Romanes
vsed
specially
,
eight
sortes
of
chastisements
,
knowen
to
them
by
these
names
,
Damnum
,
Vincula
,
Verbera
,
Talio
,
Ignominia
,
Exilium
,
Seruitus
,
Mors
,
that
is
,
losse
of
goods
,
imprisonment
,
stripes
,
retaliation
,
reproch
,
banishment
,
seruitude
,
&
death
:
All
which
our
lawe
(
before
the
Conquest
)
was
wont
to
inflict
,
albeit
that
now
,
Seruitude
,
Retaliation
,
and
Banishment
,
be
out
of
vse
.
The
punishments
that
be
commonly
put
in
execution
at
this
day
,
and
wherewith
the
Iustices
of
the
Peace
haue
to
do
,
may
be
dinided
into
Corporal
&
Pecuniarie
.
Corporal
punishment
,
is
eyther
Capitall
,
or
not
Capitall
.
.
(
or
deadly
)
punishment
,
is
done
sundrie
wayes
,
as
by
hanging
,
burning
,
boyling
,
or
pressing
:
not
Capitall
,
is
of
diuers
sortes
also
,
as
cutting
off
the
hand
or
eare
,
burning
(
or
marking
)
the
hand
or
face
,
boaring
through
the
eare
,
whipping
,
imprisoning
,
stocking
,
setting
on
the
Pillory
,
or
Cucking
stoole
,
which
in
olde
time
was
called
the
Tumbrell
.
Of
this
kinde
of
punishment
,
our
olde
lawe
(
making
pretious
estimation
of
the
liues
of
men
)
had
moe
sortes
than
we
now
haue
,
as
pulling
out
the
tongue
for
false
rumours
,
cutting
off
the
nose
for
adulterie
,
taking
away
the
priuie
partes
for
counterfaiting
of
money
,
&c.
Vnder
the
name
of
Pecuniarie
punishement
,
I
comprehend
al
Issues
,
Fines
,
a
merc●aments
.
&
Forfetures
of
offices
,
goods
,
or
lands
.
And
if
the
Iustices
of
Peace
may
by
vertue
of
their
Commission
deale
with
suche
Conspiratours
,
as
do
confederate
togither
,
to
cause
any
person
vniustly
to
be
indited
of
Felome
,
where
of
after
ward
he
is
acquited
as
some
do
think
they
may
,
thé
is
ther
a
speciall
punishment
in
that
case
appointed
by
lawe
,
which
in
24.
E.
3.73
.
is
tearmed
Vilanous
,
and
may
be
well
called
Infamous
,
because
the
iudgement
in
suche
case
shall
he
like
vnto
the
auntient
iudgement
in
Attaint
,
as
it
is
saide
4.
H.
5.
Fitzh
.
Iudgement
220.
and
is
in
27.
lib.
Ass.
P.
59.
set
downe
to
be
,
that
their
othes
shall
not
be
of
any
credite
after
,
nor
lawfull
for
them
in
person
to
approch
the
Quéenes
courts
,
&
that
their
lands
and
goods
be
seazed
into
the
Quéenes
hands
,
their
trées
rooted
vp
,
and
they
imprisoned
,
&c.
And
at
this
day
the
punishmet
appointed
for
Periury
(
hauing
somwhat
more
in
it
than
Corporall
or
Pecuniarie
paine
)
stretching
to
the
discrediting
of
the
testimonie
of
the
offendor
for
euer
after
,
may
bée
partaker
of
this
name
.
That
Iustices
of
the
Peace
,
bee
Iudges
of
Recorde
.
CAP.
XIII
.
IT
maketh
not
a
little
,
both
for
maintenance
of
the
Peace
,
and
for
the
credite
of
the
Iustices
thereof
,
that
they
are
numbred
amongst
the
Iudges
of
Recorde
.
for
,
on
the
one
side
euil
doers
wil
be
afraid
,
when
they
shall
sée
Memorialles
of
their
wickednesse
before
their
eies
,
and
on
the
other
side
,
the
procéedings
of
those
Iustices
shall
be
so
much
the
more
reuerenced
&
set
by
,
as
it
shall
appeare
that
their
endeuours
are
countenaunced
with
the
fauour
of
authoritie
.
And
therefore
let
us
sée
what
is
meant
by
the
word
Recorde
.
The
Latine
men
vse
Recordor
,
when
they
will
signifie
,
to
kéepe
in
minde
,
or
to
reméber
,
in
which
sense
the
Poet
saide
,
Siritè
audita
recordor
:
And
after
the
same
sense
also
doeth
oure
Lawe
use
it
.
For
,
Records
be
nothing
else
but
Memorialles
,
or
Monuments
of
things
done
before
Iudges
that
haue
credite
in
that
behalfe
.
And
therefore
,
where
King
E.
I.
doth
in
the
beginning
of
the
Booke
(
called
Britton
)
set
foorth
the
Iudges
of
his
Courtes
,
he
saith
of
some
,
that
they
shall
have
authoritie
of
Record
,
and
of
others
,
that
they
shall
beare
Record
,
all
which
do
meane
but
one
thing
,
namely
,
that
they
shall
be
trusted
in
the
reporte
of
causes
happening
before
the
:
and
we
yet
say
in
common
speeche
,
Suche
a
man
shall
beare
record
of
a
thing
,
when
we
intend
to
say
,
that
he
remembreth
it
,
and
can
beare
witnesse
of
it
.
So
that
in
the
vse
of
the
word
there
is
(
in
maner
)
no
differece
,
and
therefore
let
us
examine
the
matter
.
One
man
may
affyrme
a
thing
,
and
another
may
deny
it
,
but
if
a
Record
once
saye
the
worde
,
no
man
shall
be
receiued
to
Auerre
(
or
speake
)
against
it
.
For
(
saith
M.
Bracton
Fol.
156.
writing
of
a
speciall
case
where
the
Shirife
in
his
Countie
hath
Record
)
If
men
shoulde
bee
admitted
to
deny
the
enrolled
actes
of
the
Court
,
then
would
there
neuer
bee
any
ende
of
controuersies
.
And
therefore
,
to
auoide
all
contention
that
may
arise
,
whilest
one
saith
one
thing
,
and
one
other
saith
an
other
thing
,
the
Lawe
reposeth
if
self
wholy
and
solely
in
the
report
of
the
Iudge
:
and
hereof
it
commeth
,
that
he
can
not
make
any
Substitute
or
Deputie
in
his
office
(
as
M.
Bracton
and
Britton
bothe
,
do
affyrme
)
séeing
that
he
may
not
put
ouer
the
confidence
that
is
put
in
him
.
This
Record
or
Testimonie
,
is
first
contained
within
the
brest
of
the
Iudge
(
as
our
Law
speaketh
)
&
afterward
committed
to
the
Rolles
,
which
are
therefore
figuratiuely
called
Records
also
.
For
you
may
sée
7.
H.
6.28
.
in
Hildebrands
case
,
19.
H.
6.9
.
and
elsewhere
,
that
during
all
the
time
of
that
Terme
,
in
which
any
thing
passeth
before
the
Iustices
at
Westminister
,
the
Record
therof
is
in
Scrinio
pectoris
,
in
their
owne
harts
,
or
breasts
,
so
that
they
may
at
their
own
pleasure
correct
or
amend
it
:
But
that
after
the
Terme
ended
,
it
is
only
in
their
Rolles
,
ouer
the
which
they
haue
no
controlment
.
Britton
F.
01.3
.
affirmeth
,
saying
in
the
Kings
person
thus
:
And
albeit
that
we
haue
granted
to
our
Iustices
to
beare
Record
of
the
pleas
pleded
before
the
,
yet
by
this
we
will
not
that
their
record
shall
be
any
warant
in
their
own
wrong
,
nor
that
they
may
raze
or
amed
their
Roll
,
nor
make
Record
against
their
enrolment
.
Thus
much
generally
of
al
Iudges
of
Record
.
Now
touching
our
Iustice
of
the
Peace
,
it
is
the
opinion
of
the
Court
(
9
E.
43
and
14.
H.
8.16
.
)
and
of
diuerse
other
Books
in
our
lawe
,
that
euerie
one
of
them
by
himselfe
is
a
Iudge
of
Recorde
.
For
(
as
you
haue
heard
)
he
is
made
by
the
great
Scale
a
matter
of
Recorde
,
and
hath
Iudiciall
power
giuen
unto
him
,
euen
by
the
first
Assignauimus
.
of
the
Commission
.
He
hath
also
a
Scale
of
his
Office
,
by
the
opinion
of
Brudnell
.
14.
H.
8.16
.
&
if
he
make
any
Warrant
,
although
it
be
beyonde
his
auctoritie
,
yet
it
is
not
disputable
by
a
Conestable
,
or
other
inferiour
Minister
,
but
must
be
obeyed
.
And
he
maye
take
a
Recognisance
for
the
Peace
,
as
appeareth
7.
H.
4.34
&
common
experience
telleth
it
,
which
none
can
do
,
but
a
Iudge
of
Recorde
,
bicause
the
acknowledging
of
the
sum
,
is
to
remaine
as
a
matter
of
Recorde
.
Yea
by
good
opinion
2.
H.
7.1
.
A
Supersedeas
of
the
Peace
made
by
one
Iustice
of
Peace
,
under
his
seale
,
being
brought
into
the
Sessions
,
is
a
sufficient
Recorde
to
proue
that
there
is
a
Recognisance
of
Peace
taken
by
the
same
Iustice
,
and
warrant
ynoughe
to
call
the
partie
bounde
thereuppon
,
and
if
he
make
default
to
Recorde
the
same
.
Moreouer
his
Recorde
or
testimonie
is
made
in
some
case
of
greater
force
and
value
than
an
Enditement
by
the
oath
of
twelue
men
,
for
his
Record
(
as
shall
appeare
hereafter
in
place
conuenient
)
shall
conclude
the
partie
so
,
that
he
shall
not
be
admitted
to
Trauerse
or
gainsay
it
by
21.
H.
6.5
.
F●zh
.
Fol.
18.6
&
upon
the
statute
15.
R.
2.
ca.
2.11
.
H.
7.
ca.
15.
&
33.
H.
8.
c.
6.
Greate
cause
hathe
the
Iustice
of
Peace
therefore
,
to
take
●iligente
héede
,
that
he
abuse
not
this
credite
,
either
to
the
oppressing
of
any
subiect
,
by
making
an
untrue
Recorde
,
or
to
the
defrauding
of
the
Prince
,
by
suppressing
anye
true
Record
.
Much
more
reason
is
there
to
holde
,
that
two
Iustices
of
peace
,
or
more
sirting
in
the
execution
of
their
authoritie
in
open
Sessions
must
néeds
be
taken
to
be
Iudges
of
Recorde
.
Howe
long
time
the
auctoritie
of
the
Commissioners
of
the
Peace
is
to
indure
:
and
by
what
meanes
it
may
be
suspended
,
or
determined
.
CHAP.
XIIII
.
WE
haue
alreadie
touched
,
that
the
power
of
the
Commissioners
of
the
Peace
,
is
not
perpetuall
,
but
nowe
the
place
serueth
to
handel
it
at
full
.
The
Commissioners
of
the
Peace
,
are
to
continue
during
only
the
pleasure
of
the
Prince
,
by
whose
pleasure
they
were
at
the
first
appointed
:
and
therefore
,
by
the
determination
of
that
pleasure
,
their
auctoritie
ceasseth
also
.
Besids
the
which
,
there
are
other
means
to
determine
their
Actoritie
,
as
namely
the
Accession
of
an
other
office
,
the
Presence
of
a
higher
power
,
and
in
some
speciall
case
the
wante
of
Adiournement
of
their
Commission
.
The
pleasure
of
the
Prince
may
bée
determined
either
by
expresse
word
,
or
by
implication
,
or
by
death
.
The
Queenes
Maiestie
therefore
,
maye
discharge
the
Commissioners
of
the
Peace
by
hir
expresse
Writte
,
vnder
the
gret
Seale
.
L.
5.
E.
4.32
.
If
she
sende
a
Super
sedeas
to
al
the
Commissioners
of
the
Peace
,
that
will
suspende
all
their
auctoritie
.
But
yet
so
,
as
it
may
be
reuiued
by
a
Procedendo
,
and
therefore
it
doth
not
vtterlie
determine
their
auctoritie
,
as
may
be
gathered
by
12.
lib.
Ass
Pl.
21.
Againe
,
when
the
Queenes
Maiestie
maketh
other
Commissioners
of
the
same
kind
within
the
same
Limites
,
it
is
implied
thereby
,
that
the
former
Commissioners
shall
have
no
longer
power
,
although
there
be
neuer
a
worde
spoken
of
the
discharge
of
the
for
the
repugnancie
.
3.
Mar.
Regi
.
Brooke
.
Tit.
Commssion
.
24.
But
yet
if
there
be
Iustice
of
the
Peace
by
Commission
in
a
whole
Countie
,
and
afterward
the
Queene
maketh
another
man
Iustice
of
the
Peace
,
in
one
Towne
of
the
saide
Countie
,
onelie
Chocke
was
of
opinion
.
10.
E.
4.7
.
that
the
power
of
the
first
Commissioners
continued
still
in
that
Towne
,
bycause
that
is
not
altogither
contrariant
.
And
Iudge
Fineux
helde
so
also
(
20.
H.
7.8
.
)
that
if
the
Queene
make
a
proper
Iustice
of
the
Peace
within
a
speciall
Libertie
,
yet
maye
the
generall
Iustices
of
the
Peace
of
the
Shire
medle
there
also
,
vnlesse
there
be
wordes
of
Prohibition
in
the
Patent
as
,
qd
nulli
alij
Iusticiarij
nostri
se
intromittant
&c.
If
the
antient
Commission
of
the
Peace
were
to
foure
persons
,
&
afterward
the
Queene
should
make
one
man
a
full
Iustice
of
the
peace
through
that
same
limit
,
during
his
life
,
then
shoulde
the
handes
of
the
fours
Commissioners
be
closed
,
saith
Marrow
.
And
a
newe
Commission
pro
hac
vice
tantum
will
determine
the
olde
:
So
also
,
a
new
Commission
to
heare
and
determine
Felonies
,
determineth
the
olde
Commission
of
the
Peace
concerning
Felonies
,
but
not
concerning
the
Peace
:
And
a
new
Commission
of
the
Peace
,
ad
inquirendum
tantum
,
is
a
determination
of
the
old
Commission
,
ad
audiendum
&
terminandum
,
by
Mar.
But
it
is
plain
by
the
preamble
of
the
statute
2.
&
.
3.
Phil.
&
Mar.
ca.
18
that
the
law
was
take
,
that
if
a
Commission
of
the
Peace
was
first
granted
to
certain
within
a
towne
,
&
after
another
Commission
had
bin
granted
to
other
within
the
whole
shire
,
that
this
had
bene
a
Supersedeas
to
the
Commissioners
within
the
said
towne
.
Nowbeit
this
determination
of
the
olde
Commission
(
that
we
speake
of
)
groweth
not
immediately
by
the
making
of
a
newe
Commission
but
either
after
the
reading
or
proclayming
of
the
new
Commission
at
the
Session
of
the
Peace
,
or
at
the
full
Countie
,
or
else
by
holding
of
some
Session
by
vertue
of
the
new
Commission
(
in
al
which
cases
the
old
Commissioners
must
take
notice
of
the
new
Commission
)
or
els
after
the
giuing
of
notice
of
the
new
Commission
vnto
the
old
Commissioners
:
for
otherwise
al
the
meane
actes
of
the
olde
Commissioners
be
good
in
Law
.
Mar.
&
.
21.
H.
6.
29.
&
.
34
lib.
Assi
.
Pl.
28.
And
for
as
much
as
some
Cities
&
Corporate
townes
found
them selues
gréeued
with
the
Law
standing
,
as
hath
bin
remebred
,
it
was
specially
ordained
by
the
said
Statute
(
2.
&
3.
Phi.
&
.
Mar.
ca.
18.
)
that
a
Commission
of
the
Peace
and
Gaole
deliuerie
made
to
a
Citie
or
corporate
towne
(
not
being
a
Countie
by
it selfe
)
should
not
be
determined
by
the
making
of
such
an
other
Commission
after
to
any
of
the
Shire
,
Lath
,
Rape
or
Wapentake
,
in
the
which
,
that
Citie
or
towne
standeth
.
Finally
,
it
is
to
be
noted
,
that
in
al
cases
wher
an
auntient
Commission
of
the
peace
is
determined
by
a
new
,
yet
no
Processe
,
or
Suite
(
hanging
before
the
old
Commissioners
)
shall
be
discontinued
therby
by
the
Statute
.
11.
H.
6.
ca.
6
&
.
I.
E.
6.
ca.
7.
By
the
death
or
demise
of
the
Prince
also
dieth
the
power
of
all
the
Commissioners
of
the
Peace
made
by
him
:
for
he
maketh
the
Iusticiarios
suos
,
so
that
he
being
once
deade
,
or
hauing
giuen
ouer
his
Crowne
,
they
are
no
more
his
Iustices
,
and
the
Iustices
of
the
next
Prince
they
shal
not
be
,
vnlesse
he
wil
make
them
his
.
4.
E.
4.44
.
&
.
1.
E.
5.1
.
If
sseacute
;
emeth
,
that
some
toke
the
Lawe
to
bée
,
that
if
a
Iustice
of
the
Peace
were
created
a
Duke
,
Marquesse
,
Earle
,
Vicount
,
or
Baron
,
or
elected
an
Archbishop
,
or
Bishop
,
or
made
a
Knight
,
or
Iustice
of
any
of
the
two
Benches
,
or
Serieant
at
the
lawe
,
that
then
his
Office
of
the
Peace
was
determined
therby
,
bycause
it
could
not
be
thought
,
that
(
his
name
being
changed
)
he
should
remaine
the
same
person
:
(
1.
E.
6.
ca.
7.
)
that
if
a
Iustice
of
the
Peace
were
made
Duke
,
Marquesse
,
Erle
.
Vicount
,
Baron
,
Archbishop
,
Bishop
,
Iustice
of
the
one
Benche
or
other
,
Knight
,
Serieant
at
the
Law
,
or
Shirife
,
the
yet
he
shuld
be
Iustice
of
the
Peace
still
:
But
that
acte
was
afterwarde
upon
good
reason
controlled
in
parte
,
and
a
newe
law
made
(
I.
Mar.
Parl.
I.
ca.
8.
)
by
whiche
it
was
ordered
,
that
no
man
shoulde
exercise
the
office
of
a
Iustice
of
the
Peace
,
during
only
the
time
that
he
is
Shirife
of
the
same
Countie
,
wherein
he
is
also
Iustice
of
the
peace
.
Furthermore
,
if
the
Iustices
in
Eire
(
being
of
a
higher
power
than
Iustices
of
the
Peace
)
doe
(
after
proclamation
ther
of
firste
made
)
come
into
any
Countie
and
sit
there
by
vertue
of
their
auctorities
,
then
ceaseth
the
auctoritie
of
the
Commissioners
of
the
Peace
by
Mar.
Gaole
deliuerie
with
them
.
Lastly
,
it
Iustices
of
the
Peace
,
that
haue
a
Commission
has
vice
tantum
,
do
sit
by
vertue
of
their
Commission
,
&
do
not
Adiourne
the
same
,
it
séemeth
that
their
Commission
is
determined
therby
,
Brokke
.
Tit.
Commission
.
11.
That
al
the
autctoritie
of
the
Iustices
of
the
Peace
is
exercised
,
eiy
ther
out
of
the
Sessons
,
or
at
,
(
or
by
reason
of
)
the
Sessions
,
of
the
Peace
.
&c.
CAP.
XV.
HItherto
I
haue
dilated
that
which
lyeth
in
the
first
part
of
the
Definition
of
the
Iustices
of
peace
,
I
haue
withal
giuen
you
a
Theoricque
(
or
Insight
,
it
s
it
were
)
of
their
whole
Office
,
in
the
wing
what
it
is
,
when
it
began
,
how
it
is
endowed
,
by
what
meanes
it
is
maintained
,
and
after
what
fort
it
may
be
determined
.
But
now
,
for
as
much
as
all
the
power
of
the
Iustices
of
the
Peace
is
directed
to
that
end
whiche
is
disclosed
in
the
latter
parte
of
the
same
Definition
,
namelye
,
For
the
conseruation
of
the
Peace
,
&
for
the
execution
of
their
Commission
and
of
the
Statutes
committed
to
their
charge
,
it
is
méete
,
that
I
enter
into
the
Practicque
of
their
Ofsice
&
dutie
,
&
shew
you
from
pointe
to
point
how
the
fame
is
to
be
done
&
administred
.
And
for
the
more
lightsome
procéeding
herein
,
I
will
set
swrth
the
power
of
the
Iustices
of
the
Peace
by
a
Distribution
thoughe
not
Essential
yet
such
as
may
suffice
to
conueigh
my
whole
meaning
.
Whether
therefore
,
the
Iustices
of
the
Peace
,
doe
(
by
vertue
of
the
Commission
,
or
Statutes
)
enquire
,
or
Heare
and
Determine
by
the
may
of
I●●sdietion
or
else
doc
keep
(
or
cause
to
be
kepte
)
the
Peace
or
doc
punishe
and
execute
,
by
waye
of
Coertion
.
And
whether
the
same
also
be
done
,
by
their
Regular
power
,
or
Absolute
auctoritie
:
It
is
always
pradised
and
done
,
either
out
of
the
Sessions
of
the
Peace
,
or
else
at
(
or
by
reason
of
)
the
Sessions
of
the
Peace
.
And
that
which
is
done
out
of
the
Sessions
is
either
such
as
one
Iustice
alone
maye
doc
,
or
else
it
requireth
the
helpe
I
presence
of
other
Iustices
with
him
.
And
therefore
first
of
that
whiche
one
Iustice
alone
maye
doe
out
of
the
Sessions
.
Of
Suertie
of
the
Peace
,
and
the
Good
Abearing
:
and
ofsundrie
things
incident
vnto
the
lame
.
And
what
one
Iustice
of
Peace
out
of
the
Sessions
may
do
therin
.
CHAP.
XVI
.
FDr
as
much
as
the
Conseruation
of
the
Peace
standeth
,
partlye
in
prouiding
that
it
be
not
broken
,
and
partlye
in
punishing
such
as
haue
alreadie
biolated
and
broke
it
:
and
for
that
any
one
Iustice
of
the
Peace
is
susticiently
armed
with
audoritie
(
out
of
the
Sessopms
)
to
preuent
the
breache
of
the
Peare
,
both
by
taking
Suertie
for
the
kéeping
of
it
,
and
for
the
good
behauiour
also
of
offenders
,
I
thinke
good
,
first
to
shem
what
Suertie
of
the
Peace
is
:
then
to
open
howe
it
maye
bée
commaunded
:
after
that
to
declare
,
how
the
same
commaundement
shall
be
executed
I
brought
to
effect
:
fourthly
,
to
disclose
what
shal
become
of
the
Suerty
when
it
is
taken
:
and
lastly
,
to
describe
the
Suerty
of
the
good
behauiour
or
good
Abearing
,
I
to
conferre
the
handling
therof
with
that
of
the
Peace
.
The
auntient
Normans
had
a
manner
of
Suertie
of
the
Peare
,
whiche
they
named
Treues
(
the
same
that
we
cal
Truce
)
I
which
they
bsed
to
giue
after
this
order
.
He
of
whom
it
was
demanded
,
did
(
in
ope
Court
)
take
him
by
the
hande
,
that
demaunded
it
,
I
did
withall
solemnely
sweare
,
that
neither
he
,
nor
anye
of
his
,
shoulde
doe
him
harme
.
But
or
Bouernours
,
knowing
that
euill
men
be
more
restrayned
by
los
se
of
goods
,
than
by
conscience
of
an
oath
,
haue
dsed
to
take
sure
bonds
,
and
that
to
the
Prince
,
for
the
securitie
of
such
as
be
in
feare
.
And
therefore
,
I
wil
at
this
day
cal
Suertie
of
the
peace
,
An
acknowledging
of
a
bond
tothe
Prince
,
taken
by
a
Iudge
of
Recorde
,
for
the
keeping
of
the
Peace
.
This
Suertie
may
a
Iustice
of
the
Peace
commaunde
,
either
as
a
Minister
when
hée
is
willed
to
do
it
by
a
higher
auctoritie
:
or
as
a
Iudge
when
he
doth
it
of
his
owne
power
deriued
from
his
Commission
He
doth
it
as
a
minister
,
when
the
writte
of
Supplicauit
,
(
which
in
old
time
was
called
breue
de
minis
as
appeareth
by
the
Register
)
directed
out
of
the
Chauncerie
is
deliuered
into
his
hands
:
for
then
he
only
is
to
direct
his
Precept
to
come
pel
the
partie
vpon
that
writ
to
find
Suertie
for
the
Peace
.
The
forme
of
which
Precept
(
or
warrant
)
may
be
thus
,
in
English
:
GEORGE
MVLTON
,
one
of
the
Iustices
of
the
Peace
of
out
Soueraigne
Lady
the
Queenes
Maiestie
within
the
Countie
of
Kent
,
To
the
Shirife
of
the
saide
Shire
,
the
Conestables
of
the
hundred
of
Wroteham
,
the
Borsholder
of
the
Towne
of
Ightham
,
and
to
al
and
singular
the
Queenes
Maiesties
Bailies
,
and
other
ministers
,
as
wel
within
liberties
as
without
,
in
the
said
Countie
,
and
to
euery
of
them
greeting
.
Know
ye
that
I
haue
receyued
the
commaundement
of
our
sayde
Soueraigne
Ladye
in
these
wordes
(
reciting
the
whole
Writte
of
Supplicauit
,
which
is
not
always
of
one
forme
,
bycause
it
is
sometimes
directed
to
all
the
Iustices
of
the
Peace
,
sometimes
to
them
and
the
Shirife
,
and
sometimes
to
one
Iustice
alone
)
or
reciting
onely
the
effecte
of
the
Supplicautt
,
thus
:
Knowe
yee
,
that
I
haue
receyued
the
commaundemente
of
oure
sayde
Soueraigne
Ladie
,
to
compel
.
A.
B.
of
Ightham
,
in
the
sayde
Countie
yeoman
,
to
finde
sufficiente
suerty
for
hir
Maiesties
Peace
by
hym
to
be
kepte
towards
C.
D.
of
the
ssayde
Towne
of
Ightham
Taylor
.
And
therfore
on
the
behalfe
of
our
sayde
soueraigne
Ladye
,
I
commaunde
and
charge
you
ioyntly
&
seuerally
,
that
immediately
vpon
the
receipte
here
of
you
cause
the
saide
A.
B.
to
come
before
mee
,
at
Ightham
aforesaide
,
to
finde
sufficient
suerty
and
mainprise
for
the
Peace
to
be
kept
,
towardes
our
fayde
Soueraigne
Ladie
,
and
al
hyr
liege
people
,
&
specially
towardes
the
sayde
C.
D.
And
if
he
the
sayd
AB
.
shall
refuse
thus
to
doe
,
that
then
you
hym
safely
conuey
,
or
causc
to
be
safely
conueyed
,
to
the
next
Gaole
of
hir
Maiesty
in
the
sayde
County
,
there
to
remaine
vntill
that
he
shall
willingly
doe
the
same
.
So
that
he
maye
bee
before
the
Iustices
of
the
Peace
of
our
said
soueraign
Lady
within
the
said
Coāty
at
the
next
general
Sessions
of
the
Peace
to
be
holdon
at
M.
there
to
aunsweare
to
our
saide
Soueraigne
Ladye
for
his
contempte
in
thys
behalfe
.
And
see
that
you
certific
your
doyng
in
the
premises
,
to
the
sayd
Iustices
at
the
sayd
Sessions
,
bringing
this
thyther
thys
Precept
wyth
you
Yeoue
at
Ightham
aforesayde
,
vnder
my
Seale
the
fourth
daye
of
Augustein
the
33.
Yeare
.
&c.
A
Iustice
of
the
Peace
may
also
by
bertue
of
his
Office
and
as
he
is
a
Iudge
,
commaunds
this
Suertie
to
be
founde
,
and
that
either
of
his
owne
motion
and
disreation
,
or
else
at
the
requeste
and
prayer
of
an
other
.
For
he
maye
cause
a
Commune
Barrettour
,
Ryotter
one
that
maketh
an
Affray
,
or
other
person
to
him
Suspected
,
to
finde
Sucrtie
of
the
Peace
●
E.
4.3
.
Curia
And
if
hée
sée
menne
contending
in
hotte
wordes
,
and
threatening
the
one
to
hurte
(
or
kill
)
the
other
,
he
may
of
Disereation
and
oughte
of
Duety
(
as
I
thinke
)
to
commaunde
them
to
finde
Suerty
of
the
Peace
,
and
thereby
prouide
for
their
mutuall
fafetie
.
And
his
authoritie
is
so
little
to
bée
controlled
in
this
matter
,
that
,
Mayster
Marrow
is
of
the
opinion
,
that
if
a
Iustice
of
the
Peace
shoud
procure
one
man
to
demaund
Suerty
of
the
Peace
againste
an
other
,
and
hée
hum
selfe
shoulde
graunte
a
Warrant
for
it
,
by
whyche
the
partie
is
arrested
,
yet
no
Action
woulde
lye
againste
that
Iustice
for
so
doing
:
bycause
he
might
haue
graunted
it
without
anye
demaunde
made
:
and
then
it
shall
not
bée
sayde
but
that
he
sawe
cause
to
prouoke
the
partie
to
aske
it
and
himselfe
to
graunt
it
.
I
doc
on
on
the
other
fide
remember
,
that
a
Iustice
of
the
Peace
,
was
putte
out
of
the
Commission
of
the
Peace
by
order
in
the
Starre
Chamber
,
for
that
Peace
offered
vnto
hym
by
one
that
was
commanded
(
by
an
other
Iustice
of
the
Peace
in
the
same
Share
)
to
finde
Suertie
of
the
Peace
,
to
whome
(
as
the
●artie
alleaged
)
he
durst●
not
go
to
offer
it
,
for
feare
that
he
would
execute
vppon
him
the
malice
that
he
bare
against
him
.
In
commaunding
this
Suertye
,
at
the
suite
of
an
other
,
or
of
his
owne
discreation
,
sundrie
things
are
wiselie
to
be
considered
,
first
,
for
whom
,
and
against
whom
,
then
for
what
cause
and
how
it
ought
to
be
required
or
commanded
,
and
lastly
by
what
meanes
it
shall
be
enioyned
.
The
wife
,
if
the
be
thretned
to
be
killed
,
or
to
be
outragiously
chastised
,
by
hyr
husband
,
may
with
g●d
reason
demaunde
the
Peace
against
him
.
Fitz.
Nat.
Br.
Fo.
80.
&
.
239.
And
I
do
not
doubt
but
a
Iustice
map
in
suche
a
case
commaunder
it
vpon
his
own
discreation
.
The
husbande
also
maye
demaunde
the
Peace
against
his
owne
wife
in
such
a
case
:
and
any
man
may
demaunde
it
against
the
wife
of
an
other
.
Mar.
A
man
attainted
of
Treason
.
Or
Felonie
,
or
conuicte
of
Heresie
,
or
Abiured
,
a
Dumbe
man
,
or
an
Infant
,
(
though
within
14
yeres
of
age
)
or
a
Villaine
against
his
Lord
,
maye
demaunde
and
ought
to
haue
,
Suertie
of
the
Peace
,
Mar.
And
I
doe
not
finde
any
strong
reason
why
the
Lord
against
his
dillaine
,
or
an
other
man
against
a
dumbe
man
or
against
an
infant
aboue
the
age
of
14
yeares
,
ought
not
vpon
good
cause
to
haue
it
,
thoughe
the
two
last
can
not
well
be
bound
themselues
.
But
a
madde
man
shall
not
haue
Suertie
of
the
Peace
,
at
his
owne
request
(
as
Mayster
Marrow
thought
)
bycause
he
hath
no
discretion
to
aske
it
:
and
therefore
(
if
there
bée
rause
)
he
oughte
to
bée
prouided
for
by
the
discreation
of
the
Iustice
,
as
I
thinke
.
A
man
attainted
in
a
Premunire
,
or
that
is
an
A●ren
borne
,
and
no
Denizein
,
oughte
not
to
haue
this
Suertie
at
his
desire
,
as
M.
Marrow
taketh
it
:
But
perhappes
he
would
haue
changed
his
opinion
,
in
the
case
of
Premunire
,
if
he
had
liued
at
this
time
,
vpon
the
Statute
●
.
Elrzab
●●
for
,
such
a
man
may
not
now
be
killed
,
as
though
he
were
out
of
the
protection
of
the
〈◊〉
:
And
as
touching
the
A●●e●
,
some
think
there
ought
to
be
a
difference
betwéene
suche
an
A●ren
,
as
is
of
the
En●●●●
of
the
Qu●●●
and
him
that
is
of
hir
Amity
:
for
the
Statutes
(
Mag.
Cart.
ca.
30.9
.
E.
3
ca.
I
4.
E.
●
S●●●
.
ca
●
.
and
sundrie
others
)
do
all
vse
that
difference
in
Merchant
straungers
,
and
doe
prouide
,
that
such
of
the
as
be
not
Enrmies
,
of
the
Realm
,
may
both
safely
come
into
the
Realme
,
and
farry
here
,
and
go
hence
,
at
their
pleasures
.
But
the
case
may
well
be
doubted
of
,
because
the
Commission
it self
séemeth
to
authorise
the
Iustice
of
Peace
,
no
further
than
to
prouide
for
the
Duéenes
people
,
of
whiche
number
no
A●●en
séemeth
to
be
.
But
may
any
Ahen
may
not
be
bound
to
the
Peace
,
I
do
not
for
.
Furthermore
,
one
Iustice
of
the
Peace
,
(
faith
●●
.
Mar.
ow
)
may
graunt
this
Suert●e
to
any
man
,
against
one
of
his
fellow
Iustices
.
But
,
as
M.
Marrcw
requireth
a
Discretion
in
a
〈◊〉
of
the
Peace
,
when
Suertie
is
craued
of
him
against
a
Shirife
,
Coroner
,
Escheator
,
or
such
other
Officer
,
(
whom
he
witheth
not
to
be
bound
to
keep
the
Peace
versus
cunctum
populum
,
but
onely
towardes
him
that
prayeth
it
,
least
otherwise
it
shuld
argue
the
to
be
unworthie
of
such
Offices
:
)
so
muche
more
he
ought
to
vse
good
discreation
,
in
graunting
it
against
his
fellow
Iustice
,
least
otherwise
he
both
bring
the
Office
in
contempt
,
and
himselfe
to
reproofe
by
it
.
But
I
doubt
not
,
but
that
one
Iustice
of
Peace
(
if
he
will
)
may
pray
suretie
of
the
Peace
at
the
hands
of
his
fellow
Iustice
against
an
other
person
,
&
the
recognisance
may
then
be
according
to
the
common
forme
,
with
an
&
praecipuè
versus
,
&c.
Neitherto
of
those
,
for
whom
,
and
against
whom
the
Iustice
of
Peace
may
grant
this
Surety
when
it
shal
be
required
,
which
wil
suffice
to
give
light
what
to
doe
in
like
cases
.
Lord
Chauncelor
may
in
such
case
graunt
to
the
partie
a
Subpoena
against
that
Lord
for
it
,
as
it
seemeth
by
35.
H
6.
Fitz.
Tit.
Subpoena
.
20.
For
such
an
opinion
the
law
hath
had
of
the
peaceable
disposition
of
Noble
men
,
that
it
hathe
béene
thought
ynough
,
to
take
one
of
their
promises
vpon
Ho
no●
that
he
would
not
breake
the
Peace
against
a
man
.
If
we
may
beléeue
the
report
of
M.
Brooke
T●●
.
Contempts
.
6.
to
be
true
.
The
cause
for
which
this
Suretie
of
the
peace
may
be
required
or
commanded
,
appéereth
in
the
first
Assig●●●●
of
the
Commission
of
the
Peace
,
in
these
wordes
,
Et
ad
omnes
●lios
qui
aliquibus
de
populo
nostro
,
(
de
cor
poribus
suis
vel
de
incendio
domorum
suarum
)
minas
fecerint
,
ad
sufficiente
securitate
de
pace
&c.
inueniendam
,
&c.
which
M
Fitz.
so.
8.
construeth
thus
.
Writte
de
homine
replegiando
,
or
an
Action
of
false
imprisomnent
,
and
may
thereby
recover
the
damages
of
his
imprisonment
.
The
same
reason
might
be
made
against
the
demand
of
the
Peace
,
where
a
man
is
threatned
with
Batterie
,
and
yet
it
is
cleare
,
that
in
suche
a
case
the
Suretie
of
Peace
ought
not
to
bée
denyed
him
:
&
truly
to
threaten
imprisonment
,
is
within
the
words
Minas
de
corporibus
,
no
lesse
than
Batterie
it selfe
,
and
like
harme
may
happen
by
hard
imprisonment
,
&
cruel
beating
.
It
shal
bée
good
therefore
to
enquire
of
this
matter
.
The
Peace
being
thus
for
good
cause
required
,
it
is
the
common
manner
to
cracte
an
Dathe
of
the
party
,
whereby
the
Iustice
may
be
the
better
informed
and
induced
to
thinke
,
that
the
party
doth
not
aske
it
for
malitious
veration
of
an
other
,
but
of
very
feare
,
&
for
the
néedfull
safetie
of
hymselfe
and
his
.
M.
Fitzh
.
(
in
his
Nat.
Bre.
Fol.
79
)
laboureth
to
shew
,
that
the
Iustices
of
the
Peace
ought
not
(
without
such
an
Dathe
)
to
graunt
this
Suretie
of
the
Peace
at
any
mans
sute
.
Forasmuch
as
not
onely
the
Iudges
of
the
Kyngs
Bench
do
yet
take
an
othe
in
such
cases
,
but
the
antient
course
of
the
Law
was
such
in
the
Chauncerie
it selfe
also
,
although
it
be
now
adayes
otherwise
used
there
.
And
that
a
Iustice
in
this
case
may
the
better
Iudges
of
this
Feare
,
let
him
hearken
what
M.
Bracton
Fol.
16.
saith
:
Me●us
est
(
saith
he
)
praesentis
,
vel
futuripericuli
causa
mentis
trepidatio
,
talis
enim
debet
esse
metus
,
qui
in
se
contineat
mortis
periculum
,
vel
corporis
cruciatum
.
And
therefore
,
if
a
Iustice
of
the
Peace
,
doe
pereceiue
,
that
the
peace
is
demaunded
against
such
a
person
,
as
for
his
impotencie
is
not
like
to
breake
the
Peace
,
he
may
safely
deny
it
,
sayth
M.
Marrow
:
But
,
Satius
est
peccare
in
alteram
partem
as
I
suppose
,
leaft
(
if
he
bée
staine
that
demaunded
it
)
the
Iustice
be
worthily
blamed
,
for
that
he
prouided
not
for
his
life
and
safetie
.
And
besides
,
the
common
forme
of
the
Recognisance
,
is
to
bind
a
man
from
procuring
hurte
,
which
any
impotent
man
is
able
to
do
.
It
resteth
,
that
I
shewe
,
by
what
meane
this
Suretie
may
be
enioyned
:
and
that
is
,
either
by
Word
,
or
by
Writing
under
Seale
.
M.
Fitzh
.
Fol.
8.
)
his
Precept
by
mouth
is
stronger
than
his
Precept
in
Writing
.
So
if
the
Peace
be
demaunded
againste
one
that
is
in
his
presence
,
hée
may
commaund
the
●wor●fe
,
or
other
knowen
Officer
,
or
his
own
seruant
(
if
they
be
then
present
also
)
to
arrest
the
partie
to
finde
thys
Suretie
14.
H.
7.
8.
&
Mar.
But
,
if
●yther
the
Officer
,
Seruant
or
Party
be
absent
,
then
it
is
requisite
to
make
a
Warrant
(
or
Precept
)
in
writing
:
The
forme
wherof
may
be
thus
in
Englishe
:
for
I
sée
no
cause
yet
why
it
should
be
directed
in
Latine
to
a
Conestable
or
Bortholder
,
that
(
by
all
presumption
)
understandeth
no
Latine
.
Elizabeth
by
the
grace
of
God
&c.
Forasmuch
as
A.
B.
of
Ightham
aforesayd
,
Yeoman
,
hath
personally
come
before
G.
Multon
of
the
sayd
town
Esquire
,
one
of
our
Iustices
of
the
Peace
within
the
sayd
Countie
,
and
hath
taken
a
corporall
Oath
,
that
he
is
afraid
,
that
one
C.
D.
of
Shipborne
,
in
the
sayde
Countie
Yeoman
,
wyll
beate
,
wound
,
mayheme
,
or
kyll
hym
,
or
burne
hys
houses
,
and
hath
therewithall
prayed
suretie
of
the
Peace
agaynst
the
said
C.
D.
C.
D.
to
come
before
the
sayd
G.
M.
or
some
other
of
our
sayd
Iustices
,
to
finde
sufficient
suretie
and
mainprise
for
our
Peace
,
to
bee
kept
towardes
vs
,
and
all
our
liege
people
,
and
chiefly
towards
the
said
A.
B.
that
is
to
say
,
that
he
the
sayd
C.
D.
shall
not
doe
,
nor
by
any
meanes
procure
or
cause
to
be
done
,
any
of
the
sayde
euilles
,
to
any
of
our
sayde
people
,
and
especially
to
the
sayd
A.
B.
And
if
he
the
sayd
C.
D.
shall
refuse
thus
to
doe
,
that
then
you
him
safetly
conuey
,
or
cause
to
be
safel
County
,
there
to
remaine
vuntill
he
sfely
conueyed
,
to
our
nexte
pryson
in
the
shal
willingly
doe
the
same
:
So
that
hee
may
be
before
our
said
Iustices
,
at
the
next
generall
Sessions
of
the
Peace
to
be
holden
at
M.
in
the
sayde
Country
,
then
and
there
readie
to
answere
vnto
vs
,
for
his
contempt
in
this
behalfe
.
And
see
,
that
you
certifie
your
doing
in
the
premisses
to
our
said
Iustices
at
the
sayde
Sessions
,
bringing
then
thither
this
Precept
wyth
you
.
Witnesse
the
sayde
G.
M.
at
Ightham
aforesayde
,
the
4.
day
of
August
,
in
the
xxiij
.
yeare
of
oure
raigne
.
Or
thus
,
in
the
name
of
the
Iustice
himselfe
,
mutatis
mutandis
.
GEORGE
MVLTON
Esquire
,
one
of
the
Iustices
of
the
Peace
of
our
Soueraigne
Lady
the
Queene
,
wythin
the
said
Country
,
to
the
Shirife
&c.
greeting
.
Forasmuch
as
A.
B.
&c.
hathe
personally
come
before
me
,
&c.
These
shall
be
therefore
,
on
the
behalfe
,
and
in
the
name
of
our
said
soueraigne
Lady
,
to
commaunde
you
ioyntly
,
&c.
to
come
before
mee
,
or
one
other
of
hir
Maiesties
saide
Iustices
of
the
Peace
in
the
said
Countie
,
&c.
Giuen
vnder
my
Seale
,
at
Ightham
aforesaid
,
&c.
It
is
méete
,
that
the
precept
for
the
peace
,
do
expresly
containe
the
cause
of
the
Peace
,
within
it
:
for
otherwise
,
how
can
the
Officer
or
Party
,
take
knowledge
,
that
Suretie
,
must
be
prouided
for
it
:
Yea
(
by
the
way
let
me
say
it
)
euery
Precept
(
made
by
a
Iustice
of
the
Peace
)
ought
to
comprehende
the
speciall
matter
vppon
which
it
procéedeth
,
euen
as
all
the
Queenes
Writtes
doe
beare
their
proper
cause
in
theyr
mouth
with
them
.
And
,
as
for
the
Forme
that
is
now
commonly
vsed
(
To
aunsweare
to
such
things
as
shall
be
objected
)
it
was
not
fetched
out
of
the
olde
and
learned
Precedents
,
but
lately
brought
in
by
such
as
eyther
knewe
not
,
or
cared
not
,
what
they
writte
.
The
Warrant
of
the
Peace
is
the
better
also
,
if
it
beare
Date
of
the
place
where
it
was
made
:
for
if
a
man
be
to
pleade
suche
a
Precepte
for
his
excuse
in
an
Action
of
false
imprisonment
brought
againste
him
,
he
oughte
(
in
his
Plea
)
to
shewe
the
place
where
the
Warrant
was
made
.
14.
H.
8.18
.
And
this
Precept
may
also
be
directed
to
any
indifferent
person
,
by
name
,
though
he
be
no
Officer
at
all
:
for
so
it
séemeth
to
bée
permitted
in
the
Oath
of
the
Iustices
of
the
Peace
,
and
so
is
the
Booke
also
14.
H.
8.
●8
.
The
commanding
of
Suretie
of
the
Peace
hath
thus
appeared
:
and
nowe
the
execution
,
and
bringing
of
that
commandement
to
effect
,
must
next
be
disclosed
.
The
execution
of
this
Precept
standeth
,
partely
in
seruing
the
Precept
it selfe
:
and
partely
in
taking
the
Recognisaunce
,
if
the
partie
doe
come
with
Sureties
,
and
that
there
be
no
let
in
the
way
.
And
because
(
for
the
moste
parte
)
there
is
but
one
and
the
same
manner
of
doing
,
whether
the
Precept
come
from
the
Iustice
of
the
Peace
,
as
he
is
a
Minister
or
as
hée
is
a
Iudge
,
I
also
will
handle
them
togither
,
noting
,
by
the
may
,
those
few
differences
that
shall
arise
betwéene
them
.
If
suche
a
Precept
be
made
iointly
to
twaine
,
yet
the
one
alone
may
serue
it
:
If
it
be
directed
to
the
Shirife
,
he
may
commaund
his
Baylife
,
Vndershirife
,
or
other
(
sworne
and
knowne
)
Officer
,
to
serue
it
,
without
writing
any
Precept
.
Precept
.
Mar.
A
sworne
and
known
Officer
nédeth
not
to
shew
this
Warrant
,
whe
he
doth
serue
if
vpon
a
man
8.
E.
4.14
:
&
20.
H.
7.13
.
&c
for
his
Office
doth
after
a
sort
auctorize
him
.
But
if
the
Iustice
wil
set
his
seruan
to
serue
it
,
the
seruant
must
shewe
the
Warrant
(
if
the
party
demaunde
it
)
and
otherwise
the
party
may
make
resistaunce
,
8.
E.
4.14
.
A
Iustice
of
the
Peace
(
saith
M.
Brooke
Titulo
Peace
.
9.
)
may
make
this
Warrant
returnable
before
himself
,
&
the
Baylife
néedeth
not
to
carry
the
partie
before
any
other
Iustice
.
But
Iudge
Fineux
(
21.
H.
7.20
)
saith
,
the
if
a
Iustice
of
the
Peace
do
make
a
Warrant
of
the
Peace
Ex
officio
,
(
that
is
,
without
any
Writ
of
Supplicauit
directed
vnto
him
)
them
the
partie
may
choose
to
appeare
before
him
,
or
any
other
Iustice
in
the
Shire
,
and
that
he
shall
punishe
the
Baylife
in
false
imprisonment
,
if
he
do
otherwise
compell
him
:
But
that
other
wise
it
is
in
the
execution
of
the
Writ
of
Supplicauit
:
for
he
,
to
whose
hands
it
is
first
deliuered
,
is
aucthorized
to
execute
&
returne
the
Writ
alone
.
And
thervpon
M.
Fitz.
(
in
his
Nat.
br.
Fo.
81.
)
affirmeth
,
that
if
such
a
Writ
of
Supplicauit
bée
deliuered
to
the
shirife
,
the
he
may
both
execute
it
alone
,
&
also
take
Suertie
by
Recognusance
(
thogh
otherwise
,
being
but
a
Conseruator
he
could
not
do
it
)
because
the
Writ
doth
enable
him
so
to
do
:
yet
the
opinion
of
Littleton
,
9.
E.
4.31
.
is
to
the
contrary
of
that
.
The
officer
ought
also
to
require
the
partie
to
come
&
finde
Suertie
of
the
Peace
before
that
he
do
arrest
him
,
by
the
opinion
5.
E.
4.13
.
And
in
truth
,
the
common
forme
of
the
Precept
is
,
And
if
he
refuse
so
to
doe
,
that
then
he
shal
conuey
him
to
the
Gaole
:
and
therefore
,
if
he
wil
willingly
come
and
finde
Suertie
,
the
Officer
may
neyther
absolutely
arrest
him
,
nor
take
fée
of
him
.
And
this
may
be
the
cause
,
that
when
one
vpon
such
Warrant
commeth
to
a
Iustice
of
the
Peace
to
find
such
Suertie
,
the
Iustice
néedeth
not
againe
to
demaunde
suertie
of
him
,
but
may
commit
him
,
if
he
do
not
offer
Suertie
as
the
opinion
is
.
14.
H.
7.9
.
If
a
Baylife
do
arrest
a
man
for
the
peace
,
before
that
he
haue
any
Warrant
,
&
then
after
ward
do
procure
a
Warrant
for
it
,
this
is
valawfully
done
,
and
will
not
excuse
him
in
an
Action
of
false
imprisonment
,
ibide●●
.
But
if
the
Baylife
do
cause
one
by
force
of
a
Warrant
,
to
come
and
finde
Suretie
of
the
Peace
,
&
when
the
partie
commeth
,
the
Iustice
will
no
binde
him
,
yet
the
Baylife
is
excused
.
21
.
H.
7.22
.
If
Suretie
of
the
Peace
be
required
at
the
handes
of
a
Iustice
of
the
Peace
(
that
dwelleth
out
of
the
Countie
)
against
a
man
within
the
Countie
,
the
Iustice
may
graunte
a
Precept
to
be
serued
in
the
Countie
,
but
when
the
partie
shall
be
therevpon
warned
and
commaunded
to
finde
Suretie
the
Officer
may
not
haue
him
out
of
the
Countie
to
the
Iustice
of
Peace
that
made
the
Warrant
,
Marr.
For
,
a
Iustice
of
the
Peace
hath
no
autozitie
,
but
in
the
Countie
where
he
is
Iustice
by
13.
E.
4.8
.
&
Coment
.
Plowd.
37
&
therfore
it
may
be
doubted
also
whether
suche
a
Warrant
be
good
,
or
no.
The
Case
was
there
,
that
a
Iustice
of
Peace
in
one
Countie
pursued
a
Felon
,
&
tooke
him
in
an
other
Countie
,
wherevpon
it
was
holden
,
that
he
ought
to
be
committed
to
the
Gaole
of
the
County
wherein
he
was
taken
,
and
not
of
the
Countie
,
wherein
he
which
tooke
hym
was
a
Iustice
,
for
that
,
he
(
being
out
of
hys
countie
had
no
more
authoritie
,
than
a
priuate
man
.
But
I
thinke
tha
Baylife
may
not
dispute
the
sufficiencie
or
insufficiencie
of
such
a
Warrant
,
bicause
he
that
awardeth
it
is
a
Iudge
of
Recorde
14.
H.
8.18
.
That
whych
hath
béene
hitherto
saide
is
of
the
execution
of
the
foriner
parte
of
the
Warrant
for
the
Peace
,
that
is
so
saye
,
to
warne
and
cause
the
partie
to
come
and
finde
Surety
for
the
Peace
.
But
if
it
falout
,
that
he
refuse
to
come
and
put
in
such
Surety
then
may
the
Officer
,
by
vertue
of
hys
Warrant
conuey
him
to
prison
.
For
(
if
you
remember
)
the
●●●rdes
are
,
And
if
he
shall
refuse
,
then
,
&c.
And
now
for
our
better
instruction
,
let
vs
sée
what
an
Arrest
is
.
Budee
in
his
Greeke
Commetaries
,
is
of
the
opinion
,
that
the
Freeh
word
(
Arrest
)
whych
wyth
them
signifieth
a
Decree
,
or
Iudgement
of
Court
,
tooke
beginning
of
the
Greeke
〈◊〉
that
is
,
placitum
and
(
as
we
might
say
)
the
Pleasure
(
or
wil
)
of
a
Court.
And
albeit
that
it
were
not
out
of
our●
way
,
to
thinke
that
it
is
called
Arrest
,
because
it
stayeth
(
or
resteth
)
the
partie
,
yet
I
beléeue
rather
that
we
receiued
the
name
from
the
Normane
lawes
,
because
wée
vse
it
in
the
same
sense
wyth
them
:
For
commonly
wyth
vs
an
Arrest
is
taken
for
the
execution
of
the
commaundement
of
some
Courte
,
or
of
some
Officer
in
Iustice
.
But
howsoeuer
the
name
beganne
,
An
Arrest
is
a
certaine
restraint
of
a
mans
person
,
depriuing
it
of
his
own
wil
and
libertie
,
and
binding
it
to
become
obedient
to
the
will
of
the
Lawe
:
and
it
may
bée
called
the
beginning
of
Imprisonment
.
The
Precepts
and
Writs
of
the
higher
Courts
of
Lawe
,
do
vse
to
expresse
it
by
two
sundry
wordes
,
as
Capias
and
Attachias
,
which
signifie
,
to
take
(
or
catch
)
holde
of
a
man
.
But
this
our
Precept
noteth
it
by
the
wordes
Duci
facias
(
cause
him
to
be
conueyed
,
&c.
)
for
that
the
Officer
hath
(
after
a
sorte
)
taken
him
before
,
in
that
he
commeth
vnto
him
,
and
requireth
him
to
goe
to
some
Iustice
of
the
Peace
.
To
this
Arrest
al
persons
(
vnder
the
degrée
of
Lords
,
(
or
Péeres
)
of
the
Realme
)
be
subiect
:
And
Ecclesiasticall
persons
(
if
they
bée
not
attendant
vpon
diuine
seruice
)
may
bée
arrested
for
the
Peace
also
:
Mar.
The
ende
therefore
is
,
that
if
the
partie
wil
not
come
to
finde
Suertie
of
the
Peace
,
the
Officer
may
(
vpon
that
Warrant
)
arrest
and
carry
him
to
the
Gaole
,
where
hée
shall
remaine
,
vntill
that
hée
will
fréely
offer
,
&
finde
it
.
It
appeareth
4.
E
4.16
.
and
by
the
opinion
of
Bryan
.
2
H.
7.2
.
&
4.
that
if
such
an
imprisoned
person
had
a
sute
hanging
in
the
Common
place
aforehand
,
he
might
by
a
Writ
of
Priuilege
be
discharged
of
the
same
,
if
they
partie
,
at
whose
sute
he
was
arrested
for
the
Peace
,
were
not
ready
in
Court
at
the
day
of
the
returne
of
the
Writ
when
hée
should
be
called
to
pray
the
Suertie
of
the
peace
there
again
against
him
,
&
saith
,
that
it
had
bin
alwaies
their
common
course
so
to
do
:
but
diuers
other
there
were
of
a
contrary
opinio
,
&
it
séemeth
a
hard
case
,
that
without
any
sufficient
notice
of
such
a
remouing
of
the
partie
,
a
man
shold
be
defeated
of
his
Suertie
so
.
But
now
,
if
the
partie
shal
yéelde
to
finde
Suertie
of
the
Peace
,
then
may
he
at
his
libertie
,
if
the
Precept
procéede
Ex
offici●
,
and
without
the
Writ
of
Supplicauit
,
go
to
any
Iustice
of
the
Peace
,
to
offer
this
Suertie
.
Herevppon
it
happeneth
often
,
that
such
persons
,
(
choosing
rather
to
be
bound
by
any
other
,
than
him
that
maketh
the
Warrant
)
hauing
any
suspition
of
such
a
precept
awarded
or
likely
to
be
awarded
,
do
offer
themselues
,
&
become
bounde
before
some
other
Iustice
.
And
therevpon
do
procure
a
Supersedeas
from
him
to
be
discharged
of
any
other
Arrest
to
be
made
.
Yea
,
&
many
times
(
hearing
of
such
Precepts
,
and
mis●iking
to
be
bound
in
the
Countrie
)
they
go
vp
to
West
minister
,
and
giue
Suretie
of
the
Peace
there
,
either
in
the
Kings
Bench
for
a
time
only
(
as
the
maner
of
that
Court
is
(
or
in
the
Chaūce●ie
for
euer
(
as
they
vse
it
there
)
and
doe
wythall
procure
a
super
sedeas
from
the
Court
where
they
are
bounde
,
to
close
the
handes
of
the
Countrie
Iustices
.
And
therefore
it
is
not
amisse
to
say
somewhat
of
this
matter
of
supersedeas
also
.
If
a
Iustice
of
the
Peace
then
will
(
by
a
Supersedeas
)
discharge
a
Precept
of
the
Peace
,
that
was
made
by
his
felow
Iustice
,
he
shal
do
wel
to
take
the
Recognusance
according
to
the
day
of
apparance
(
if
ther
be
any
)
&
after
the
forme
of
the
former
Precept
(
if
there
be
any
)
.
Fitzh
.
Fol.
9.
Much
lesse
may
the
Supersedeas
of
a
Iustice
of
the
Peace
,
discharge
a
Precept
of
his
fellow
Iustice
procéeding
by
vertue
of
a
Supplicauit
,
for
that
it
is
of
an
higher
auctoritie
.
Mar.
This
Supersedeas
sente
by
a
Iustice
of
the
Peace
,
is
sufficient
,
although
it
neither
name
the
Suerties
,
nor
contain
the
summes
in
which
they
are
bound
:
But
yet
it
is
the
better
form
to
expresse
the
both
,
as
well
bycause
the
higher
Courts
vse
so
to
doe
:
as
also
if
the
Bailife
,
Constable
,
or
other
Officer
(
to
whom
it
is
deliuered
in
discharge
of
his
Warrant
)
bée
called
at
the
nexte
Sessions
by
the
suite
of
him
that
sought
to
haue
the
Peace
,
to
shewe
how
he
hath
executed
his
Warrant
,
and
hée
come
in
and
shew
foorth
the
Supersedeas
,
the
partie
that
is
bounde
may
be
called
therevpon
,
at
the
day
that
appeareth
to
be
limited
vnto
him
by
the
Supersedeas
,
for
it
is
vnder
the
seale
of
a
Iustice
,
and
doth
testifye
that
the
partie
is
bound
and
hath
founde
suertie
,
to
appeare
at
a
certaine
day
,
and
if
he
make
default
,
that
being
Recorded
shall
bée
sufficient
to
cause
him
to
forfaite
the
penaltie
of
the
Recognisance
,
although
the
Iustice
that
made
it
out
,
shal
happen
not
to
bring
in
the
Recognusance
it selfe
,
according
as
he
now
ought
to
doe
by
the
Statute
.
3.
H.
7.
ca.
1.
And
this
may
be
gathered
vpon
the
opinion
.
2.
H.
7.1
and
maye
bée
séene
by
this
form
of
it
here
vnder
written
.
GEORGE
MVLTON
,
one
of
the
Iustices
of
the
Peace
of
our
Soueraigne
Lady
the
Queenes
Majestie
within
the
Countie
of
Kent
,
To
the
Shirife
,
Bailifes
,
Conestables
,
Borsholders
,
Ministers
,
and
other
the
Faithfull
subiectes
of
our
said
Soueraigne
Ladie
within
the
saide
Countie
,
and
to
euerie
of
them
,
sendeth
greeting
:
For
as
much
as
A.
B.
of
&c.
C.
D.
&
E.
F.
&c.
Yeomen
,
either
of
the
which
hath
vndertaken
for
the
said
A.
B
vnder
the
paine
of
xx
,
lb
and
he
the
said
A.
B.
hath
vndertaken
for
himselfe
vnder
the
peine
of
xl
.
lb
that
he
the
saide
A.
B.
shall
well
and
truely
keepe
the
Peace
,
towards
our
said
soueraigne
Ladie
,
&
all
hir
liege
people
,
and
specially
towardes
G.
H.
&c.
Yeoman
,
&
also
that
he
shal
personally
apeare
before
the
Iustices
of
the
Peace
of
our
said
soueraign
Ladie
within
the
said
Countie
,
at
the
next
general
Sessions
of
the
Peace
to
be
holden
at
M.
there
:
Therefore
,
on
the
behalfe
of
our
said
soueraigne
Ladie
,
I
commaund
you
,
&
euerie
of
you
,
that
yee
vtterly
forbeare
and
surcease
,
to
arrest
,
take
,
imprison
,
or
otherwise
by
any
meanes
(
for
the
said
occasion
)
to
molest
,
the
saide
A.
B.
And
that
if
you
haue
(
for
the
said
occasion
,
&
for
none
other
)
take
,
or
imprisoned
him
,
that
then
you
do
cause
him
to
bee
deliuered
and
set
at
libertie
without
further
delaye
.
Yeouen
at
Ightham
aforesaid
vnder
my
seale
,
this
last
day
of
Iuly
in
the
xxiij
.
yeare
.
&c.
Which
also
may
bée
in
the
name
of
the
Prince
,
and
vnder
the
Teste
of
the
Iustice
of
the
Peace
,
thus
:
ELIZABETH
,
by
the
grace
of
God
&c.
To
the
Shirife
&c.
greeting
:
For
as
much
as
A.
B.
hath
come
before
G.
Multon
,
one
of
our
Iustices
of
peace
within
our
said
Countie
,
and
hath
found
&c.
We
therefore
commaunde
you
and
euerie
of
you
,
that
ye
forbeare
&c.
Witnesse
the
said
G.
M.
at
Ightham
aforesaid
&c.
Thus
muche
of
the
Supersedeas
issuing
from
a
Iustice
of
the
Peace
,
the
which
ought
to
with-holde
and
stay
the
procéeding
of
his
fellowe
Iustices
in
the
saide
cause
:
in
so
muche
that
if
anye
Officer
by
any
of
their
Warrants
hauing
this
Supersedea
deliuered
to
him
,
wil
neuerthelesse
vrge
the
partie
to
finde
new
Suerty
for
the
peace
,
he
may
refuse
to
giue
it
,
and
(
if
he
be
committed
to
prison
for
suche
his
refusall
)
he
maye
(
as
I
thinke
)
haue
his
action
of
False
Imprisonmente
againste
the
Officer
vppon
the
same
.
Much
more
then
will
a
Supersedeas
,
that
commeth
out
of
the
Chauncerie
,
or
Kings
Benche
,
or
from
anye
Iustice
of
the
Kings
Bench
,
discharge
such
a
Precept
for
the
Peace
awarded
from
any
Iustice
of
the
Peace
.
M.
Fitz
(
in
hys
Nat.
Br.
Fo.
238
)
giueth
,
where
he
willeth
the
Iustices
of
the
Peace
(
after
such
a
Supersedeas
receiued
)
to
forbeare
to
make
anye
Warrant
to
arrest
the
partie
.
&
it
they
haue
awarded
it
,
then
to
make
their
owne
Supersedeas
to
the
Shirife
and
other
Officers
,
therby
commaunding
them
to
surcease
to
execute
it
.
This
impediment
of
Supersedeas
(
lying
after
this
sort
as
you
haue
séene
in
the
waye
to
the
Iustice
of
the
Peace
)
thus
passed
ouer
,
let
vs
nowe
suppose
the
partie
serued
with
the
precepte
,
to
come
before
some
Iustice
of
the
Peace
,
and
let
vs
enter
into
the
taking
of
the
Recognusance
of
him
,
for
that
is
one
part
of
the
execution
of
the
Warrant
for
the
Peace
,
and
may
doe
seruice
whether
the
partie
come
to
him
that
made
the
Precept
,
or
to
any
other
.
If
the
Iustice
of
the
Peace
deale
in
thys
matter
,
as
a
Iudge
,
and
by
vertue
of
the
Commission
,
then
the
number
of
the
Suerties
,
the
summe
of
their
bonde
,
their
sufficientie
in
goods
or
landes
,
the
time
how
long
he
shall
be
bounde
,
and
some
other
such
circumstances
,
are
referred
wholie
to
his
own
consideration
,
and
if
he
be
deceiued
in
the
abilitie
of
the
Suerties
,
hée
maye
compell
the
parties
to
put
in
others
:
Marrow
.
The
Commune
manner
is
,
to
take
two
Suerties
,
desides
the
partie
himselfe
:
and
good
reason
it
is
that
those
shuld
be
such
as
haue
their
names
registred
in
the
Booke
of
Subsidie
:
for
albeit
that
here
and
there
some
maye
be
sufficient
,
that
were
not
assessed
to
the
Queene
,
yet
it
standeth
not
well
togither
that
hée
shoulde
become
bounde
to
the
Prince
in
tenne
or
twentie
poundes
,
that
was
not
in
the
Subsidie
found
worth
any
thing
at
all
.
But
if
he
commmaunde
the
Peace
as
a
Minister
in
execution
of
the
Writts
of
Supplicauit
,
then
he
must
behaue
himselfe
as
the
Writte
it selfe
directeth
him
:
and
that
hath
not
bene
alwayes
after
one
manner
:
for
some
forme
commaundeth
him
to
take
sufficiente
Manucaptors
in
any
peine
(
or
sum
)
to
bée
reasonably
set
by
himselfe
,
so
that
hée
will
bée
aunswerable
for
it
at
his
owne
perill
:
and
some
willeth
him
to
take
sufficient
Suertie
in
a
summe
certainelye
prescribed
vnto
him
,
as
a
hundred
poundes
,
in
all
,
or
euerie
of
them
in
twentie
pounds
,
as
it
may
bée
séene
at
large
,
in
the
Register
of
Writtes
Fo.
89.
A
Iustice
of
the
Peace
(
saith
Maister
Marrow
)
maye
take
this
Suertie
by
a
Gage
,
or
Pledge
,
which
shall
not
be
forfaited
therby
,
but
paunded
onely
,
that
the
partie
shall
(
vnder
a
certaine
peine
)
kéepe
the
Peace
,
whiche
peine
he
shall
forfaite
,
it
he
breake
the
Peace
.
And
(
by
his
opinion
)
a
Iustice
of
the
Peace
may
also
take
this
Suertie
by
an
obligation
made
to
himselfe
,
by
the
name
of
Iustice
of
the
Peace
:
For
so
shall
it
bée
(
saith
hée
)
advsum
Domini
Regis
:
But
if
it
were
made
vnto
him
without
his
name
of
Iustice
of
the
Peace
,
that
then
it
coulde
not
bée
to
the
vse
of
the
King
,
vnlesse
it
had
the
words
,
advsum
Domini
Regis
.
Maister
Fitzharbert
,
on
the
other
side
(
in
his
Nat.
Bre.
Fo.
81.
)
holdeth
,
that
suche
an
Obligation
taken
to
the
King
,
by
a
Iustice
of
the
Peace
,
is
nothing
worth
:
for
a
man
can
not
bée
bounde
to
the
Prince
(
sayeth
he
)
but
onelye
by
matter
of
Recorde
,
vnlesse
he
will
afterwarde
come
into
a
Courte
of
Recorde
and
cònfesse
it
to
bée
his
déede
,
&
pray
that
it
may
bée
Enrolled
there
.
But
the
new
Statute
(
33.
H.
8.
ca.
39
)
hathe
made
a
plaine
law
in
these
cases
,
&
willeth
that
all
Obligations
and
Specialities
(
made
for
any
cause
touching
the
King
)
shal
bee
made
in
his
own
name
,
by
the
words
Domino
Reg●
,
&
to
none
other
person
to
his
vse
:
&
it
ordaineth
further
,
that
such
bonds
shal
bee
of
the
nature
of
a
Statue
Staple
:
and
that
if
any
person
take
any
obligation
otherwise
,
he
shal
bee
imprisoned
at
the
pleasure
of
the
King
,
or
of
his
honorable
Counsell
.
The
safe
way
therfore
,
is
to
take
this
Suertie
by
Recognusance
as
is
commonly
vsed
,
&
that
also
by
the
words
Dominae
Reginae
and
then
(
vpon
the
forfeiture
therof
)
the
Queene
shall
haue
execution
accordingly
.
Now
,
if
a
Recognusance
be
ment
to
be
taken
for
the
Peace
,
by
a
Iustice
of
the
Peace
,
and
yet
do
not
containe
within
it
,
or
in
the
condition
thereof
,
that
it
was
taken
For
the
keeping
of
the
Peace
,
it
séemeth
to
be
voide
,
as
being
then
taken
,
coram
non
Iudice
bicause
a
Iustice
of
the
Peace
hath
not
power
to
take
Recognusances
generallie
,
but
for
matters
concerning
his
Office
specially
.
And
therefore
Maister
Marrow
addeth
further
,
that
if
the
Recognusance
bée
,
That
the
Recognusor
shall
not
mayme
,
nor
beate
A.
yet
it
is
not
good
,
bicause
it
oughte
to
be
For
the
keeping
of
the
Peace
,
and
that
may
be
broken
otherwise
,
as
by
burning
the
house
of
A.
or
such
like
misdemeanour
.
Although
this
Recognusance
do
not
comprehende
any
day
,
in
which
the
Recognusor
shall
appeare
,
but
bée
generally
to
kéepe
the
Peace
,
yet
it
is
good
inough
in
Law
:
for
the
chiefe
matter
is
,
The
keeping
of
the
Peace
,
&
the
time
referred
to
the
discretion
of
the
Iustice
,
and
so
is
it
,
by
Maister
Marrow
,
if
a
day
of
his
apparance
be
put
into
the
Recognusance
,
and
no
person
be
named
in
it
,
before
whom
the
partie
ought
to
appeare
:
for
he
may
then
(
saith
he
)
appeare
where
he
wil
before
that
Iustice
of
the
Peace
which
tooke
the
Recognusance
of
him
.
And
if
the
Recognusaunce
be
in
xx
.
●●
.
to
be
leuied
only
of
the
goods
,
or
only
of
the
lands
,
of
the
Recognusor
,
it
séemeth
to
bée
good
ynough
:
for
peraduenture
the
wordes
,
Of
the
goods
only
or
Landes
only
,
shal
be
taken
to
bée
void
,
séing
that
the
verie
acknowledgement
of
the
sum
of
xx
.
●●
.
(
before
a
Iudge
enabled
to
take
it
)
both
maketh
it
a
debt
,
and
implyeth
the
ordinarie
meane
of
Law
to
come
by
it
.
If
this
Recognusance
be
taken
,
To
Keepe
the
Peace
againste
one
speciall
partie
onlye
,
M.
Marrow
thinketh
it
good
:
but
aduize
well
of
it
,
for
the
wordes
in
the
Commission
of
the
Peace
bée
,
to
take
suertie
Erganos
,
&
populum
nostrum
.
But
,
for
the
better
eschewing
of
Error
&
hard
dealing
in
making
this
Recognusance
of
the
Peace
,
it
is
good
to
vse
the
receiued
forme
,
which
is
thus
:
MEmorandum
,
quod
4.
die
Iulij
,
Annoregni
Domino
nostrae
Elizab:
dei
gratia
,
&c.
23.
R.
P.
de
Ightham
in
comitatu
praedicta
Yeoman
in
proprea
persona
sua
venit
coram
me
Georgio
Multon
,
vno
Iusticiariorum
dictae
Dominae
Reginae
ad
pacem
in
dicto
comitatu
conseruandam
assignatorum
,
&
assumpsit
pro
seipso
sub
poena
xx
.
lb
Et
H.
I.
de
L
,
in
comitatu
praedicto
Yeoman
:
Et.
I.
F.
de
M.
in
codem
comitatu
Husbandman
tune
&
ibidem
in
proprijs
personis
suis
similiter
venerunt
,
&
manuceperunt
pro
praedicto
R.
P.
(
viz.
)
quilibet
corum
separatim
sub
poena
100.
the
:
quod
idem
R.
P.
personaliter
comparebit
coram
Iusticiarijs
dictae
Dominae
Reg:
ad
pacem
ad
proximam
generalem
Sessionem
pacis
in
comitatu
praedicto
apud
Maidstone
tenendam
,
ad
faciendum
&
recipiendum
quod
ei
per
curiam
tunc
&
ibide
iniungetur
:
Et
quod
ipse
interim
pacem
dictae
Dominae
Reg:
custodiet
,
erga
ipsam
Dominam
Reg:
&
cuuctum
populum
suum
,
&
praecipue
versus
M.
N.
de
Ightham
praedicta
Yeoman
,
Et
quod
dammūvel
malum
aliquod
corporate
aut
grauamen
praefato
M.
N.
(
Nec
alicui
de
populo
dictae
Dominae
Reginae
,
quod
in
laesione
aut
perturbationem
pacis
ipsius
Dominae
Reg:
seu
praefati
M.
N.
cedere
valeat
)
quonismode
non
faciet
,
nee
fieri
procurabit
:
Quam
quidem
summam
xx
.
lb
praedict.
R.
P.
&
quilibet
manuncaptorum
praedictorum
praedictas
separales
summas
100.
solid
:
recognouerunt
se
debere
dictae
Dom.
Reginae
,
de
terris
&
tenementis
,
bonis
&
catallis
suis
,
&
cuiuslibet
eorum
ad
opus
dictae
Dominae
Reginae
fieri
&
leuari
,
ad
quoruncumque
manus
deuenerint
,
si
contigerit
ipsum
R.
P.
praemissavel
corum
aliquod
in
a
aliquo
infringere
,
&
inde
legittimo
modo
conuinci
.
In
cuius
rei
testimonium
,
ego
praedictus
G.
M.
sigillum
meum
apposui
.
Dat
apud
Ightham
praedict.
die
&
An.
supradictis
.
Or
thus
,
a
little
different
in
forme
.
MEmorādum
qd
4
die
&c.
A.
B.
de
Ightham
&c.
Et
C.
D.
de
eade
Yeome
,
venerunt
corae
me
G.
M.
&c.
et
.
Manuceperūs
p
18.
nuper
de
L.
&c.
qd
ipse
personaliter
comparebit
coram
me
praefat●
G.
M.
vel
socijs
meis
Iusticiarijs
pacis
D.
Reg:
ad
proximam
generaele
Sessione
&c.
Et
qd
ipse
interim
geret
pace
erga
cunctum
populum
Do.
Reginae
,
&
praecipuè
erga
R.
B.
&c
(
viz.
)
quilibet
manucaptorum
praedictorum
sub
poena
20
.
lb.
Et
praedictus
18.
manucepit
pre
seipso
sub
poena
40.
th
.
Quam
quide
summam
40
.
lb.
praedictus
1.
8.
&
quilibet
manucaptorum
praedictorum
dictam
summam
20
.
lb.
recognouerunt
&c.
And
this
may
bée
wel
done
also
,
by
a
single
Recognusance
in
Latine
,
with
a
condition
added
in
English
,
for
the
kéeping
of
the
Peace
,
and
for
the
day
and
place
of
the
parties
apparance
at
the
Quarter
Sessions
.
The
Suertie
(
or
Recognusance
)
of
the
Peace
,
thus
commaunded
,
&
accaōplished
,
order
draweth
me
to
disclose
,
how
the
Iustice
of
the
peace
is
to
demeane
himselfe
with
it
.
If
the
Suertie
were
taken
,
by
vertue
of
a
Supplicauit
,
then
must
the
Iustice
of
the
Peace
(
being
in
this
case
but
a
Minister
)
make
retourn
of
the
Writ
,
&
a
Certificat
of
his
doing
,
into
the
Court
from
whence
the
Supplicauit
did
procéed
,
for
help
wherein
,
I
wil
set
him
down
that
which
I
haue
séene
put
in
practise
vpon
●
Writ
of
that
kinde
.
First
,
let
him
note
vpon
the
backe
of
the
Supplicauit
thus
:
Executio
istius
Breuis
,
patet
in
quadam
Scedula
eidem
Breui
annexa
.
Then
may
that
Scedule
be
thus
:
EGo
Wilhelmus
Lambard
,
vnus
custodum
pacis
Dominae
Reginae
in
comitatu
Kanciae
,
certifico
in
Cancellariam
dictae
Dominae
Reg●me
virtute
istius
breuis
(
mihi
per
A.
E.
in
eodem
breui
nominatum
,
primo
deliberati
)
personaliter
coram
me
(
tali
die
&
loco
)
venire
fecisse
Thom:
R.
in
dicto
breui
nominatum
,
ac
eundem
Tho.
ad
sufficientem
securitatem
,
&
manucaptores
in●eniendum
,
secundum
formam
dicti
breuis
,
(
viz.
(
as
the
Writ
shall
appoint
,
which
is
of
diuers
formes
,
as
I
tolde
you
before
)
compulisse
:
In
cuius
●ei
testimonium
huic
praesenti
Certificationi
meae
sigillum
meum
apposui
:
Dat.
apud
D
praedictam
,
in
comitatu
praedicto
5.
die
Iulij
anno
regni
dictae
Dominae
nostrae
Elizabet
.
dei
gratia
,
&
c.
23
.
And
if
a
Certiorari
be
directed
out
of
the
Chauncerie
to
the
Iustice
of
the
Peace
for
this
Recognusance
,
because
it
was
not
sente
vp
togither
with
the
Certificat
,
(
as
there
was
no
necessitie
that
it
should
)
then
that
Writ
also
may
be
thus
aunsweared
.
Vpon
the
backe
of
the
Writte
,
thus
:
VIrtute
istius
breuis
,
ego
W.
L.
vnus
custodum
pacis
dominae
Reginae
in
comitatu
K.
tenorem
securitatis
pacis
(
vnde
infra
fit
mentio
)
dictae
dominae
Reginae
in
Cancellariam
suam
sub
sigillo
meo
distinctè
&
apertè
mitto
,
prout
patet
in
Scedula
huie
breui
consuta
.
The
which
Scedule
may
be
thus
:
Memorandum
,
quod
20.
die
Iun.
&c.
(
reciting
the
whole
Recognusance
to
the
end
therof
.
)
Then
,
In
cuius
rei
testimonium
ego
praedictus
W.
L.
sigillum
meum
apposui
:
Dat.
&c.
And
this
may
serue
also
,
where
a
Certiorari
is
brought
to
a
Iustice
of
the
Peace
,
to
remoue
a
Recognusance
of
the
Peace
taken
by
him
Ex
officio
,
without
any
such
Writ
of
Supplicauit
,
as
you
may
reade
in
the
Register
,
Fol.
90.
But
if
the
Recognusance
be
not
thus
remoued
from
the
Iustice
of
the
Peace
,
then
may
he
kéep
it
till
the
Certiorari
come
to
him
for
it
.
On
the
other
side
,
if
the
Recognusance
were
take
by
vertue
of
his
Office
,
than
(
whether
it
were
by
his
own
discretion
,
or
at
the
sute
and
desire
of
another
)
he
must
send
,
or
bring
it
in
at
the
next
Sessions
,
to
the
Custos
Rotulorum
,
so
that
the
Recognusor
may
be
ther
called
,
and
if
he
make
default
,
then
the
same
default
to
be
recorded
,
as
is
appointed
by
the
Statute
.
3.
H.
7.
ca
1.
And
here
againe
,
some
difficulties
doe
arise
,
the
may
make
the
Iustice
of
Peace
sometimes
doubtfull
,
howe
to
holde
,
certifie
,
or
sende
in
the
Recognusaunce
.
For
sundrie
meanes
there
are
,
by
which
this
Recognusance
of
the
Peace
may
(
before
any
forfeyture
therof
made
)
be
after
a
sort
discharged
,
and
therfore
let
vs
consider
them
apart
,
and
withal
giue
some
aduise
what
shal
bée
beste
to
do
therein
.
The
Iustice
of
Peace
,
that
of
his
owne
motion
compelleth
one
to
giue
Suertie
of
the
Peace
vntil
a
certaine
day
,
may
by
like
discreation
before
that
day
,
may
by
release
it
Fitzh
.
Fo.
10.
To
keepe
the
Peace
against
A
only
and
none
other
,
then
may
A.
release
it
either
before
the
same
Iustice
,
or
anye
other
that
will
certifie
the
Release
,
which
certificate
being
of
Record
,
wil
discharge
it
,
for
to
release
it
by
his
déede
,
is
nothing
worth
.
Mar.
And
so
if
it
bee
versus
cunctum
populum
,
&
praecipue
versus
A.
yet
may
A.
after
that
sorte
release
it
(
as
I
thinke
)
notwithstanding
the
opinion
21.
E.
4.40
.
for
albeit
the
it
séeme
popular
,
so
the
others
should
haue
equal
interest
with
A
in
it
,
yet
was
it
taken
specially
for
his
safetie
,
as
the
word
Praecipu●
doth
argue
plain
.
And
M.
Brooke
saith
truely
,
that
it
is
so
vsed
at
this
day
.
But
whether
the
Recognusance
bée
at
the
suite
of
A.
or
by
the
méere
motion
of
the
Iustice
in
the
behalfe
of
A.
the
Queene
can
not
release
or
pardon
it
(
before
that
it
bée
forfeited
)
both
for
the
mischiefe
that
may
come
to
A
therby
,
by
Fineux
his
opinion
11.
H.
7.
12
&
for
that
the
Recognusance
being
taken
according
to
the
common
forme
,
as
is
before
set
down
,
it
is
not
properly
a
debt
to
the
Queene
vntil
it
bée
forfeited
,
as
appeareth
11.
H.
4.43
:
1.
H
7.10
.
But
being
forfeited
,
she
(
and
none
other
)
may
pardon
the
forfeiture
,
for
then
it
is
become
hir
proper
debt
.
Now
in
these
cases
,
the
Recognusance
may
not
bée
Cancelled
,
least
peraduenture
the
Peace
was
broke
(
&
consequetly
the
Recognusance
forfeited
)
before
the
time
of
the
Release
made
,
Fitz.
Fo.
10.
&
therfore
it
shal
be
best
in
such
cases
to
send
to
the
Sessions
the
Recognusance
&
the
Release
togither
:
&
that
may
bée
done
in
a
fewe
Lines
vnder
the
Recognusaunce
it selfe
:
First
for
the
release
of
the
Iustice
,
thus
:
Ego
prafatus
G.
M.
qui
supra
nominatum
A.
B.
ad
pradictam
securitatem
pacis
inueniendam
ex
mea
discretione
compuli
,
eandem
securitatem
pacis
(
quantum
in
me
est
)
ex
mea
discretione
1.
die
August
:
remisi
&
relaxaui
:
In
cuius
rei
testimonium
,
huic
prasentirelaexationi
meae
sigillum
meum
apposui
.
Dat.
&c.
And
for
the
release
of
the
Partie
before
the
same
Iustice
that
tooke
it
,
thus
:
MEmorandum
,
quod
primo
die
Augusti
,
&c.
praefatus
C.
D.
venit
coram
me
prafato
G.
M.
&
gratis
remisit
&
relaxauit
(
quantum
in
se
est
)
praedictam
securitatem
pacis
per
ipsum
versus
supra
nominatum
A
B.
petitam
.
But
if
the
release
be
made
before
an
other
Iustice
which
hath
not
the
Recognusaunce
,
then
this
later
forme
must
be
fremed
accordingly
.
Furthermore
,
if
a
man
be
bounde
before
a
Iustice
of
the
Peace
,
to
kéepe
the
Peace
against
all
the
Queenes
people
,
&
to
appeare
at
the
next
Quarter
Sessions
,
and
doe
afterwarde
procure
a
Supersedeas
;
oute
of
the
Chauncerie
,
testifying
,
that
he
hath
founde
suertie
there
against
al
the
Queenes
people
for
euer
,
this
will
discharge
his
aparance
at
the
Sessions
,
because
the
graunting
of
this
Supersedeas
is
the
Acte
of
the
Quéene
,
which
is
the
fountaine
of
Iustice
,
and
controlleth
all
other
authoritie
,
Fitz.
Fol.
9.
M.
Fitzh
.
thinketh
,
that
his
apparance
at
the
Sessions
shall
not
be
discharged
by
the
Supersedeas
.
In
both
these
cases
also
,
I
would
aduise
the
Iustice
of
the
Peace
,
to
send
in
the
Recognusance
and
the
Supersedeas
also
,
if
it
commeth
to
his
hands
,
for
peraduenture
the
Recognusaunce
was
broken
before
the
Supersedeas
purchased
:
or
,
if
.
it
were
not
,
yet
he
shall
be
excused
,
and
the
Recognusor
neuer
a
whit
the
more
endangered
thereby
.
Lastly
,
the
death
of
the
Prince
dischargeth
the
Recognusance
of
the
peace
.
1.
H.
7.2
.
Cur.
So
doth
the
death
of
the
Recognusor
:
&
so
also
doth
the
death
of
him
at
whose
sute
it
was
taken
,
if
so
be
,
that
it
were
made
to
kéepe
the
Peace
against
him
alone
.
But
although
the
Mainpernours
or
Suerties
die
,
yet
the
Recognusance
liueth
:
for
,
if
the
Peace
be
broke
after
their
deaths
,
their
executors
shal
be
charged
with
it
.
And
therefore
,
here
againe
my
counseld
is
,
to
sende
in
the
Recognusance
to
the
Custos
Rotulorum
,
for
other
wise
,
how
shall
the
Iustice
of
Peace
be
assured
,
that
he
doth
not
defraude
the
Queene
of
a
forfaiture
,
that
was
growen
vnto
hir
.
Thus
haue
I
both
bound
the
party
to
the
Peace
,
&
conueyed
the
Recognusance
from
the
Iustice
of
the
Peace
to
the
Custos
R●●ulorum
,
readie
to
be
called
vpon
at
the
Quarter
Sessions
:
So
that
I
might
forthwith
procéede
to
treate
of
the
good
Abearing
:
But
,
beacuse
I
haue
tolde
you
(
out
of
M.
Mar.
and
by
21.
E.
4.
40.
)
that
if
the
Recognusance
of
the
Peace
be
forfeited
,
and
that
forfaiture
bée
leuied
,
so
that
the
Recognusance
is
vtterly
determined
,
yet
(
of
Discrtion
)
the
partie
is
to
bée
compelled
to
finde
new
Suertie
or
else
to
be
sent
to
prison
,
because
it
appéreth
euidently
,
that
he
hath
broken
peace
,
and
is
a
stubborn
offendor
against
the
law
,
I
thinke
it
fit
to
run
swiftly
ouer
some
few
things
that
may
enfourme
a
Iustice
of
the
Peace
,
concerning
suche
forfaitures
,
to
the
end
,
that
he
may
therevpon
compell
the
offendor
accordingly
.
The
Condition
of
this
Recognusaunce
(
of
what
good
forme
soeur
you
make
it
)
standeth
upon
two
points
:
the
one
,
for
apparance
at
a
time
,
the
other
,
for
kéeping
the
Peace
in
the
meane
while
.
Of
th
firste
of
these
I
haue
,
said
somwhat
already
in
thys
Chapiter
:
concerning
the
second
point
,
this
is
generall
,
that
whatsoeuer
Act
is
a
breach
of
the
Peach
,
the
doing
therof
doth
als
beget
a
forfeiture
of
the
Recognusance
that
is
made
for
keeping
of
the
Peace
:
and
what
actes
shall
amount
to
a
breach
of
the
Peace
,
I
will
hereafter
shew
,
in
the
next
Chapiter
of
this
Booke
,
where
I
shall
(
to
an
other
end
)
haue
méete
place
for
it
.
In
the
meane
space
,
take
thus
much
here
.
If
a
man
bée
bound
to
kéepe
the
Peace
against
A
&
doe
afterward
threaten
A
to
his
face
,
that
he
wil
beate
him
,
hie
hath
forfaited
his
Recognusance
.
And
an
Action
of
Trespasse
lieth
at
the
Common
law
against
him
the
shall
threaten
one
to
beate
him
,
as
appéereth
in
diuers
Books
cases
.
3.
H.
6
18
:
37.
H.
6.
20.
&
shall
suppose
it
to
be
Contra
pacem
.
But
other
wise
it
is
,
if
A
be
not
presente
at
that
threatning
,
by
good
opinion
.
18.
E.
4.
28.
yet
if
(
in
the
absence
of
A.
)
he
doth
threaten
,
that
he
will
beate
him
,
&
then
do
after
ward
lie
in
await
to
beate
him
,
he
hath
in
that
case
also
broken
his
Recognusance
.
22.
E.
4.
35.
per
Cur.
Like
forfeiture
is
it
,
he
that
is
bound
do
but
commaund
or
procure
an
other
to
break
the
Peace
vpon
any
man
,
or
to
do
any
other
vnlawfull
acte
against
the
Peace
,
if
that
it
be
done
indéede
.
7.
H.
4.
34.
&
Brooke
Tit.
Peace
.
20.
tempore
.
H.
8.
For
closing
vp
of
this
parte
(
concerning
the
Preuention
of
the
breach
of
the
Peace
)
it
remayneth
,
that
I
entreate
of
the
Suertie
of
good
Abearing
,
which
is
of
great
affinitie
with
that
of
the
Peace
,
as
being
prouided
for
preseruation
of
the
Peace
,
as
that
o●
ther
is
:
for
in
the
Commission
of
the
Peace
,
they
are
bothe
conueyed
vnder
this
one
tract
of
speach
,
(
Ad
securitatem
de
pace
&
bono
gestu
suo
erga
nos
&
populum
nostrum
inueniendum
)
against
such
as
doe
threaten
hurte
to
mens
bodies
,
or
Fier
to
their
houses
,
which
things
are
now
commonly
preuented
by
Suertie
of
the
Peace
only
.
good
Abearing
,
and
where
it
lyeth
.
And
by
the
Booke
2.
H.
7.2
.
Suertie
of
the
good
Abearing
is
set
forth
to
rest
in
this
point
chéefly
,
That
a
man
demeane
hymselfe
well
in
his
prote
and
company
,
doyng
nothyng
that
may
bee
cause
of
the
breach
of
the
Peace
,
or
of
putting
the
people
in
feare
,
or
trouble
:
and
that
it
doeth
not
consiste
in
the
obseruation
of
things
that
concerne
not
the
Peace
.
And
that
it
shoulde
differ
from
Suertie
of
the
Peace
,
in
this
,
that
where
the
Peace
is
not
broke
without
an
affray
,
or
battery
,
or
such
like
,
this
Suertie
de
bono
gestu
,
may
be
broke
by
the
number
of
a
mans
company
or
by
his
or
their
weapons
o
harnesse
.
Herewithall
also
doe
certaine
Precedentes
of
the
Kings
Bench
agrée
,
which
in
Suertie
of
the
good
Abearing
(
taken
at
the
sute
of
some
one
person
)
do
mingle
the
words
Amodo
bene
se
geret
erga
Dominum
Regem
,
&
cunctum
populum
suum
,
&
praecipuè
erga
T.
B.
with
those
other
wordes
that
are
commonly
put
in
the
Recognusance
for
the
Peace
,
as
the
Peace
,
as
in
the
new
Booke
of
Entrees
Fol.
416.
any
man
may
plainely
sée
.
But
all
this
notwythstanding
,
me
thinketh
that
a
man
may
reasonably
affirme
,
that
the
Suertie
of
good
Abearing
shoulde
not
be
restrained
to
so
narrow
bounds
.
For
first
,
the
Statute
(
34.
E.
3.
ca
1.
)
enableth
the
Wardeins
of
the
Peace
,
to
take
of
all
the
that
be
not
of
good
fame
(
where
they
shall
bee
found
)
sufficient
suertie
&
mainprise
of
their
good
abearing
towards
the
king
&
his
people
.
So
that
,
if
a
man
be
desamed
,
he
may
by
vertue
hereof
be
bounde
to
his
good
Behauiour
,
at
the
discretion
of
the
Wardeins
and
Iustices
of
the
Peace
.
But
then
the
doubte
resteth
in
this
,
to
vnderstande
concerning
what
matters
this
defamation
muste
be
,
&
that
(
as
I
thinke
)
may
be
partely
gathered
out
of
the
aside
Statute
also
.
For
,
after
it
hath
first
giuen
power
to
the
Wardeins
of
the
Peace
,
to
arrest
and
chastice
offendors
(
S.
against
the
Peace
,
Riotors
and
Baretors
:
)
then
it
willeth
them
,
to
enquire
of
suche
as
hauing
bene
robbers
beyond
the
sea
,
were
come
ouer
hither
,
and
would
not
labour
as
they
were
wont
:
and
lastly
,
it
auctorizeth
them
,
to
take
suertie
of
the
good
behauior
of
such
as
be
desamed
,
namely
(
as
I
think
)
for
any
of
those
former
offences
for
so
it
standeth
wel
togither
,
the
they
shall
both
punishe
such
as
haue
alredy
so
offéded
,
&
shal
also
pro
uide
,
that
the
others
shal
not
likewise
offed
.
Moreouer
,
it
séemeth
to
me
,
that
these
statutes
first
(
1.
Mar.
Parl
1.
ca.
3.
)
which
giueth
this
Suertie
of
good
Abearing
against
such
as
distube
a
Preacher
,
then
(
5.
Eliza.
ca.
21.
)
that
prouideth
the
same
against
the
takers
of
fish
in
Ponds
,
or
of
Déere
in
Parkes
,
and
lastly
(
23.
Eliza.
ca.
1.
)
whiche
graunteth
it
against
such
as
wilfully
absent
theselues
from
the
church
by
the
space
of
12.
months
.
haue
this
meaning
,
that
a
partie
(
so
bound
)
may
afterward
forfaite
his
Recognusance
,
if
he
eftsoones
offend
against
the
said
Statutes
.
Besids
this
,
you
may
see
(
admitted
by
the
opinid
of
the
Court
.
13.
H.
7.10
)
that
if
a
man
do
in
the
night
season
,
haunt
a
house
that
is
suspeded
for
Bawdene
,
or
do
vse
suspitious
company
,
the
may
the
Constable
arrest
his
to
find
suerties
of
his
good
abearing
:
For
,
Bawderie
is
not
méerely
a
spirituall
offence
,
but
mixed
,
and
but
sounding
little
againste
the
Peace
of
the
land
27.
H.
8.14
Fitz.
&
1.
H.
7.6
.
And
therfore
,
it
shal
not
be
amisse
at
this
day
(
in
my
sleder
opinion
)
to
grant
Suertie
of
the
good
Abearing
against
him
the
is
suspected
to
haue
begotte
a
Bastard
child
,
to
the
end
the
he
may
be
forth
comming
when
it
shall
bée
borne
:
for
other
wise
,
there
will
be
no
Putatiue
father
found
,
when
that
the
two
Iustices
of
the
Peace
,
shall
(
after
the
birth
,
&
by
vertue
of
the
statute
18.
Eliza.
ca.
3.
)
come
to
take
order
for
his
punishmet
.
And
for
some
aduise
by
the
way
in
conceiuing
rightly
this
suspition
,
marke
what
M.
Bracton
writeth
:
Oritur
suspitio
ex
fama
,
&
ex
fama
&
suspitione
,
oritur
grauis
praesumptio
:
Fama
verò
suspitione
induces
;
oriri
debet
apud
bonos
&
graues
,
idque
non
semel
,
sed
saepius
.
Oritur
etiam
suspitio
,
ex
facto
praecedente
,
cui
standum
est
donec
probetur
contrarium
:
nam
qui
semel
est
malus
,
semper
preasumitu
ess
malus
,
in
eodem
genere
mali
.
But
the
further
that
this
bond
of
the
good
Abearing
doth
extende
,
the
more
regarde
there
ought
to
be
in
the
awarding
of
it
:
and
therfore
,
although
the
Iustices
of
the
Peace
haue
power
to
grant
it
,
eyther
by
their
own
Discretion
,
or
uppon
the
complaint
of
others
,
euen
as
they
may
that
of
the
Peace
:
pet
I
wish
rather
,
that
they
doe
not
commaunde
it
,
but
onely
upon
sufficient
cause
,
séene
to
themselues
,
or
upon
the
sute
&
complaint
of
diuers
,
and
the
same
very
honest
and
credible
persons
.
And
here
,
forasmuch
as
one
Iustice
of
the
Peace
(
alone
,
and
out
of
the
Sessions
)
may
(
both
by
the
first
Clause
of
the
Commission
,
and
also
by
the
opinion
of
M.
Fitz.
&
9.
E
4.
3.
)
graunt
thys
suertie
of
the
good
Abearing
,
(
although
the
common
manner
bée
,
that
two
such
Iustices
do
ioin
in
that
doing
,
whereof
also
M.
Fitz
hath
very
good
liking
)
I
wil
not
sticke
to
set
forth
here
,
the
common
formes
,
as
wel
of
the
Precept
,
as
of
the
Recognusance
,
for
the
same
:
wherein
,
if
I
shalvse
the
names
of
two
Iustices
,
you
muste
take
that
also
to
be
done
according
to
the
common
fashion
,
&
not
of
any
necessitie
in
law
.
For
,
as
I
woulde
more
gladly
vse
the
assistance
of
a
fellow
Iustice
in
this
behalfe
,
if
I
may
conueniently
have
it
:
so
(
if
that
may
not
be
had
)
I
woulde
not
greatly
feare
(
when
good
cause
shal
require
)
to
vndertake
the
thing
my selfe
alone
.
The
Precept
,
may
have
this
course
.
GEORGE
MVLTON
,
and
William
Laembarde
,
two
of
the
Iustices
of
the
Peace
of
our
Souereigne
Ladie
the
Queenes
Maiestie
in
the
Countie
of
Kent
,
To
the
Shirife
of
the
said
Countie
,
to
the
Constables
of
the
Hundred
of
Wroteham
,
and
to
the
Borsholder
of
the
Towne
of
shipborne
,
in
the
said
Countie
,
and
to
every
of
them
,
greeting
:
For
as
much
as
A.
B.
of
Shipborne
aforesaid
is
not
of
good
fame
,
not
of
honest
conuersation
(
but
an
euill
doer
,
Riotour
,
Barrettour
,
&
perturber
of
the
Peace
of
our
said
Souereigne
Ladie
)
as
we
are
giuen
to
understande
by
the
reaporte
of
sundrie
credible
persons
.
A.
B.
to
come
before
vs
,
or
some
others
of
our
fellowe
Iustices
,
to
finde
sufficient
suertie
and
mainprise
for
his
good
abearing
towards
our
said
Souereigne
Ladie
,
and
all
her
liege
people
.
And
if
he
shall
refuse
so
to
doe
,
&c.
as
in
the
Precept
of
the
Peace
,
with
a
verie
litle
chaunge
.
The
vsuall
Recognusance
,
hath
this
forme
,
MEmorandum
,
quòd
5.
die
mensis
Iuly
,
Anno
regni
Elizab.
&c.
23.
venit
coram
nobis
Georgio
Multon
,
&
Wilhelmo
Lambard
,
&
caetera
,
vt
antea
in
Recognitione
pacis
,
vsque
ad
hoc
:
Quod
idem
R.
G.
personaliter
comparebit
coram
Iusticiarys
dictae
Dominae
Reginae
ac
Pacem
,
&c.
ad
proximam
generalem
Sessionem
,
&c.
good
Abearing
.
Et
quòd
ipse
interim
se
bene
geret
erga
Dominam
Reginam
&
cunctum
pepulum
suum
,
&
praecipué
erge
I.
B.
de
C.
&c.
Et
quod
ipse
non
inferet
,
nec
inferri
procurabit
,
per
se
nec
per
alios
damnum
aliquod
seu
grauamen
praefato
I.
B.
seu
alicuide
populo
ipsius
Dominae
Reginae
de
corporibus
suis
,
per
insidias
,
insultus
,
seu
aliquo
alio
modo
,
quod
in
lasionem
seu
perturbarionem
pacis
dictae
Dominae
Reginae
cedere
valeat
quouismodo
,
videlicet
vterque
praedictorum
H.
C.
&
I.
S.
sub
poena
100
th
.
Et
praedictus
R.
G.
sub
poena
200.
th
.
quas
quidem
seperales
summas
100.
th
.
vterque
praedictorum
H.
C.
&
I.
S.
(
vt
praedicitur
)
perse
,
ac
praedictus
R.
G.
dictas
,
200.
th
.
recognouerunt
se
debere
dictae
Dominae
Reginae
,
de
teris
,
&
tenementis
,
bonis
&
catallis
suis
,
&
cuiuslibet
corum
,
ad
opus
ipsius
dictae
Dominae
Reginae
,
fieri
&
leuari
,
St
contingat
preaefatum
R.
G.
in
alliquo
praemissorum
deficere
,
&
inde
legitimo
modo
conuinci
,
&c.
Or
by
a
simpel
Recognusance
,
with
this
Condicion
Endorced
,
or
vnder
written
.
COnditio
Recognitionis
praedictae
talis
est
,
Quod
si
praedictus
R.
G.
imposterum
se
bene
geret
,
&
pacem
Dominae
Reginae
conseruet
,
erga
dictam
Dominam
Reginam
,
et
cunctum
populum
suum
,
et
nullum
damnum
corporale
&c.
Extunc
Recognitio
praedicta
pronullo
teneatur
,
alioquin
in
suo
robore
permaneat
.
T
haue
knowen
it
doubted
,
whether
the
Suertie
of
the
good
Abearing
(
commaunded
vpon
complaint
)
may
be
released
by
any
speciall
person
,
or
no
,
bicause
it
séemeth
more
popular
,
than
the
Suertie
of
the
Peace
.
good
Abeari●●
But
if
it
may
(
as
it
seemeth
all
one
to
me
)
then
may
the
forme
of
such
a
Release
be
easily
made
,
by
that
which
is
before
concerning
the
Peace
,
vsing
the
words
,
Securitatem
de
se
bene
gerendo
,
in
steade
of
the
wordes
,
Securitatem
pacis
.
And
the
like
imitation
may
bée
vsed
also
,
for
a
Supersede
as
of
the
good
Abearing
,
if
at
the
least
that
be
grauntable
by
Iustices
of
the
Peace
.
I
might
here
,
without
breach
of
Order
prosecute
the
preseruation
of
the
Peace
,
by
the
preuenting
of
such
as
be
riotouslly
assembled
,
&
by
handing
the
Statute
of
Northampton
,
which
séemeth
(
by
plaine
speache
)
to
be
prouided
for
preuention
of
the
breache
of
the
Peace
also
:
But
bicause
the
first
shall
haue
his
proper
place
,
and
the
latter
is
commonly
put
in
vre
at
this
day
,
after
the
Peace
broken
by
forcible
Entrie
,
I
will
spare
to
speake
of
any
of
them
,
till
I
come
to
treate
of
those
matters
by
them selues
.
Of
the
breach
of
the
Peace
without
a
multitude
against
the
person
,
and
how
it
may
be
stayed
,
or
punished
by
one
Iustice
of
Peace
out
of
the
Sessions
.
CAP.
XVII
.
The
Preuention
Of
The
Breach
Of
The
Peace
Hath
Appeared
,
AsWell
In
The
Suertie
Of
The
Peace
,
As
Of
The
Good
Abearing
:
&
Therefore
Mine
Owne
Order
ReQuireth
,
That
I
Nowe
Declare
What
One
Iustice
Of
The
Peace
May
Doe
(
Out
Of
The
SesSions
)
For
PunisHment
Of
such
as
doe
breake
the
Peace
.
For
,
our
law
is
no
lesse
carefull
this
way
to
conserue
the
Peace
,
both
by
staying
them
that
doe
any
way
aduenture
towardes
the
breache
thereof
,
and
by
punishing
them
that
doe
acually
enter
into
the
verie
violation
of
the
same
,
than
it
was
prouident
to
sée
it
preserued
before
it
came
to
any
neare
shewe
of
disturbance
,
or
greater
euill
.
But
because
the
breache
of
the
Peace
(
as
the
law
is
taken
at
this
day
,
whether
it
be
by
word
,
or
other
acte
,
(
and
that
also
whether
it
be
to
the
person
,
or
to
his
goods
,
or
lands
,
)
may
be
aswell
committed
by
one
onely
,
or
by
two
vpon
a
side
(
both
which
we
hold
to
be
done
without
a
multitude
,
though
two
in
precise
speache
doe
make
a
number
)
as
by
thrée
or
more
in
one
companie
(
which
the
lawe
properly
calleth
a
multitude
.
)
it
shall
be
good
to
intreate
by
it selfe
first
of
that
breache
of
the
Peace
which
may
be
committed
without
a
multitude
,
and
then
to
prosecute
the
other
.
If
there
withall
we
put
the
Iustice
of
Peace
in
remembraunce
,
that
by
what
way
soeuer
the
may
preuent
or
punishe
the
breache
of
the
Peace
in
one
person
,
the
same
meanes
may
he
also
bse
against
any
multitude
so
offending
.
The
breache
of
the
Peace
that
may
be
practised
against
the
person
,
climbeth
to
the
destruction
of
the
person
,
by
sundry
degrées
:
as
by
Threates
,
Assray
or
assault
and
violent
and
malicious
striking
and
beating
,
wounding
,
mayheming
and
killing
.
The
matter
of
manacing
and
threatning
is
sufficiently
touched
in
the
last
Chapter
.
The
wordes
Affray
and
Assault
,
bée
indifferently
vsed
of
many
men
,
euen
in
our
booke
cases
,
but
yet
there
wanteth
not
a
iust
difference
betweene
them
in
myne
opinion
.
For
,
Affray
,
is
deriued
of
the
french
effrayer
which
signifieth
to
terrifie
,
or
bring
feare
:
and
is
the
more
heynous
trespasse
,
for
it
is
in
lawe
vnderstood
to
bée
a
common
wrong
done
,
and
therfore
is
inquirable
&
punishable
in
the
Turne
of
Shirife
and
in
a
Léet
,
by
4.
H.
5.10
.
and
8.
E.
4.5
.
Otherwise
it
is
of
an
assault
,
as
it
séemeth
by
those
bookes
.
Yet
it
may
be
done
,
without
word
,
or
blowe
,
giuen
:
as
if
a
man
shall
shewe
him selfe
furnished
with
armour
or
weapon
,
which
is
not
vsually
worne
and
borne
,
it
will
strike
a
feare
into
others
that
be
not
armed
as
he
is
:
and
therefore
,
both
the
Statute
of
Northampton
(
2.
E.
3.
ca.
3
)
made
aganist
the
wearing
of
armour
and
weapon
,
and
the
Writte
therevpon
grounded
,
doe
speake
of
it
,
by
the
wordes
,
effray
delpays
,
and
interrorem
populi
.
An
Assault
,
as
it
is
fetched
from
an
other
fountaine
,
namely
from
the
Latine
Assultus
which
denoteth
a
leaping
(
or
flying
)
vpon
a
man
:
So
it
can
not
bée
perfourmed
,
without
the
offer
of
some
hurtfull
blowe
,
or
at
the
least
some
fearfull
speache
.
And
therfore
,
to
rebuke
a
Collector
with
fowle
wordes
,
so
that
he
departed
for
feare
without
doing
his
office
,
was
taken
for
an
Assault
,
27.
lib.
Assis
.
plac
.
11.
And
to
strike
at
a
man
(
although
he
were
neither
hurt
,
nor
hit
,
with
the
blowe
)
was
adiudged
an
Assault
,
22.
libr.
Assis
.
pl.
60.
For
this
Assault
both
not
alwayes
necessarily
emplie
a
hitting
:
and
therefore
,
in
Trespasse
of
Assault
and
Batterie
,
a
man
may
bée
fouunde
guiltie
of
the
Assault
,
and
get
bée
excused
of
the
Batterie
:
40.
Ed.
3.40
.
and
45.
Ed.
3.
24.
Manacings
then
,
Affrayes
,
Assaultes
iniurious
and
violent
handelings
,
and
misentreatings
of
the
person
,
batteries
,
malicious
strikings
,
&c.
bée
breaches
of
the
Peace
,
and
doe
drawe
after
them
the
forfaiture
of
a
Recognusance
,
knowledged
for
the
kéeping
of
the
Peace
.
And
therefore
(
for
example
)
if
a
man
doe
imprison
an
other
without
warrant
,
or
doe
thrust
him
into
a
water
(
or
river
)
whereby
he
is
in
danger
of
drowning
,
or
doe
raushe
a
woman
against
hir
wil
,
or
doe
commit
manslaughter
or
burglarie
,
or
robberie
,
vpon
the
person
of
an
other
,
or
do
commit
treason
against
the
person
of
the
Prince
,
who
as
he
is
the
head
of
his
people
,
so
are
they
also
wounded
in
his
hurte
,
he
hath
broken
the
Peace
.
Marr.
But
concerning
the
manacing
,
assault
or
batterie
of
the
person
of
one
,
this
is
to
be
noted
by
the
way
,
that
it
is
not
in
all
cases
a
violation
and
breache
of
the
Peace
:
for
some
are
allowed
to
haue
priuately
,
a
natural
,
and
some
a
C●●le
power
(
or
auctoritie
)
ouer
others
,
so
that
they
may
excuse
themselves
if
but
(
in
reasonable
manner
)
they
correct
and
chastise
them
for
their
offences
,
without
imputation
of
any
such
breach
.
After
the
one
forte
,
the
parent
is
suffered
(
with
moderation
)
to
threaten
and
chastice
the
childe
within
age
.
By
reason
of
the
other
fort
of
power
,
the
husband
is
not
punishable
(
so
that
it
be
not
outragiously
)
if
he
chastice
his
wife
,
Master
his
seruant
,
the
Schoolemaster
his
scholers
,
&
a
Gaoler
(
or
his
seruant
,
by
his
commaundement
)
his
vnruly
prisoners
and
the
Lord
may
beate
his
villaine
.
But
these
things
must
neuerthelesse
be
done
in
conuenient
place
,
and
therefore
not
in
the
presence
of
the
Prince
,
as
it
is
thought
27.
lib.
Ass.
pl.
49.
This
power
of
the
husbande
ouer
the
wife
,
seemeth
to
be
permitted
by
the
words
of
the
Supplicauit
that
is
sette
downe
for
hir
in
the
Register
.
89.
when
she
standeth
in
neede
of
the
Peace
against
him
,
where
it
is
said
,
That
he
shall
be
bounde
to
doe
her
no
corporall
harme
,
but
with
this
exception
,
Aliter
quàm
ad
virum
ex
caussaregiminis
&
Castigationis
vxoris
suoe
,
licitè
&
rationabiliter
per●●net
:
Wherein
it
agréeth
with
the
Ciuil
Lawe
,
which
yeldeth
to
the
husband
that
power
,
so
that
he
vse
it
Modice
,
moderately
.
And
sayth
M.
Peter
Martyr
vpon
the
1.
to
the
Corinthians
.
c.
11.
ver.
3.
The
husband
may
Corripere
&
castigare
vxorem
eadem
charitate
qua
Christus
Ecclesiam
verberat
,
nimirum
vt
melior
fiat
,
&c.
The
power
of
the
Master
&
Schoolemaister
,
ouer
the
Seruaunt
,
and
Scholer
,
is
affirmed
by
M.
Marrow
,
and
confirmed
by
some
opinion
in
the
booke
21.
E.
4.
6.
&
53.
Whereunto
I
may
also
adde
the
minde
of
those
that
made
the
Statute
(
33.
H.
8.
cap.
12.
)
concerning
malicious
striking
in
the
kings
house
:
for
they
do
therein
specially
exempt
the
Maister
that
striketh
his
Seruaunt
,
with
his
hand
,
fist
,
small
staffe
,
or
sticke
,
for
his
correction
for
any
offence
.
Howbeit
in
these
cases
,
I
doe
aduise
both
husbande
and
maister
not
to
prouide
so
much
howe
they
may
escape
the
breach
of
a
Recognusance
or
punishment
of
our
lawes
,
as
to
foesee
that
they
kéepe
the
lawe
of
God
,
and
doe
nothing
against
honestie
:
the
one
as
knowing
that
the
wife
is
his
owne
fleshe
,
and
the
other
as
considering
that
he
also
hath
a
Maister
in
heauen
.
Euerie
man
also
maye
take
his
kinsman
that
is
madde
,
and
may
put
him
in
a
house
,
and
binde
and
beate
him
with
roddes
,
without
breache
of
the
Peace
.
22.
lib.
Aff.
plac.
56.
A
Constable
or
other
Officer
,
or
any
other
,
being
of
their
companie
,
that
shal
be
driuen
to
strike
any
person
,
for
the
better
executing
of
their
Office
or
charge
(
as
in
many
cases
they
may
lawfully
doe
)
breaketh
not
the
Peace
nor
shal
be
in
any
perill
of
forfeiting
any
Recognusance
of
the
Peace
,
by
reason
of
any
such
assault
or
batterie
,
as
may
bée
well
inferred
upon
the
booke
cases
17.
E.
4.
5
:
2.
E.
4.
6.
&
8
:
4.
H.
7.
1
:
&
14.
H.
7.
8.
For
suche
Actes
bée
iustifiable
.
And
sée
for
this
purpose
also
M.
Stamforde
.
Fo.
13.
14.
15.
Besides
this
,
if
a
man
be
inforced
to
repulse
violence
(
done
unto
his
owne
person
,
or
to
the
person
of
his
wife
,
father
,
mother
,
childe
,
kinsman
,
maister
,
seruant
,
or
to
his
goodes
being
in
his
possession
,
)
either
by
threatning
or
striking
againe
:
his
so
doing
is
also
iustifiable
,
as
may
be
séene
in
Marr.
33.
H.
6.
18
:
19.
H.
6.
3
:
9.
E.
4.
48
:
&
35.
H.
6.
50.
But
a
Fermer
or
Tenant
cannot
iustifie
suche
an
acte
in
defence
of
his
Lanlorde
,
nor
a
Commoner
in
defence
of
the
Maior
,
or
Bayliffes
of
a
corporate
Towne
.
If
one
man
also
hurt
or
kill
an
other
at
Fence
play
,
or
at
the
Title
,
Turneament
,
or
Barriers
(
in
pefence
of
the
Quéene
,
and
by
hir
licence
)
or
in
a
wager
of
Battell
for
the
trial
of
a
cause
according
to
the
auncient
Lawes
of
this
Realme
,
it
is
no
breach
of
the
Peace
at
all
,
Marr.
Thus
farre
of
those
breaches
,
that
maie
bring
daunger
to
a
Recognusance
of
the
Peace
:
for
some
others
there
bée
,
whiche
are
in
a
degrée
against
the
Peace
,
so
that
an
Enditement
Contrapacem
may
bée
founde
vpon
them
,
but
yet
no
forfaiture
of
such
a
Recognusance
shall
ensue
of
them
.
As
if
a
man
(
so
bounde
)
doe
take
a
mans
goodes
wrongfullie
,
(
so
that
it
bée
not
from
his
person
)
or
doe
Rauish
a
Warde
from
the
possession
of
his
Garden
:
or
do
a
Trespasse
in
an
others
mans
corne
,
or
grasse
:
or
do
Disseasse
an
other
of
his
landes
:
or
do
enter
into
landes
,
where
he
ought
to
bring
his
Action
,
it
will
bréede
no
forfaiture
of
his
bonde
.
Therefore
let
vs
nowe
come
to
the
pacifying
and
punishing
of
the
Breache
of
the
Peace
upon
the
person
,
by
one
Iustice
of
the
Peace
out
of
the
Sessions
.
A
Iustice
of
the
Peace
,
is
undoubtedly
(
for
this
purpose
)
endowed
with
no
lesse
power
,
than
euerie
Pr●uate
man
,
or
any
Constable
hath
:
as
it
is
plaine
by
14.
H.
7.
8
&
9.
E.
4.
3.
And
therefore
it
may
not
be
thought
Heterogeneum
(
or
besides
my
purpose
)
if
I
shal
shew
what
both
a
Priuate
man
and
Constable
may
do
in
this
case
:
yea
rather
I
choose
to
vtter
this
matter
vnder
their
names
,
to
the
end
that
I
may
with
the
one
labour
bewray
the
duties
,
both
of
them
and
of
the
Iustice
of
the
Peace
him selfe
in
this
behalfe
.
The
Lawe
looketh
,
that
euerie
Priuate
person
,
whom
it
shall
happen
to
be
present
at
an
Affray
,
Assault
,
or
Batterie
(
for
now
I
will
confounde
those
names
)
should
doe
his
parte
to
departe
them
that
fight
together
:
and
it
doth
(
to
that
ende
)
enable
him
also
with
some
portion
of
auctoritie
.
For
,
if
two
be
fighting
,
every
Stander
by
,
may
lawfully
,
and
shall
do
well
to
put
them
in
sunder
,
and
if
he
take
hurt
thereby
,
he
shal
haue
his
remedy
by
Action
against
him
that
did
the
hurt
.
But
yet
he
(
being
but
a
Priuate
man
)
may
doe
no
hurt
,
if
they
resist
him
,
for
they
also
stall
then
haue
Action
for
it
against
him
:
wherein
his
case
differeth
(
as
you
shall
sée
anone
)
from
the
case
of
an
Officer
.
And
if
an
Affray
be
in
the
high
streate
,
and
one
commeth
towardes
it
with
harnesse
,
or
weapon
,
to
take
with
the
one
partie
,
euerie
man
that
séeth
it
may
stay
him
til
the
Affray
bée
ended
.
Any
man
also
may
stay
the
Affravours
,
vntill
the
storme
of
their
heate
be
calmed
,
and
then
may
he
deliuer
them
ouer
to
the
Constable
to
imprison
them
,
till
they
finde
Suertie
for
the
Peace
:
but
he
him selfe
may
not
commit
them
to
prison
,
vnlesse
the
one
of
them
be
in
perill
of
death
by
some
hurt
:
for
then
may
any
man
carrie
the
other
to
the
Gaole
,
till
it
be
knowen
,
whether
he
so
hurt
,
will
liue
or
dye
,
as
appeareth
by
the
Statute
3.
H.
7.
ca.
1.
But
as
the
kéeping
of
the
Peace
is
more
speciallie
recommended
to
the
charge
of
Iustices
of
peace
,
Constables
,
petit-Constables
,
Borsholders
,
Tithing
men
,
and
such
like
Officers
:
so
be
they
also
therefore
armed
with
a
larger
measure
of
auctoritie
?
And
there
fore
if
a
Constable
,
or
such
other
Officer
doe
sée
a
man
,
endeuouring
to
make
an
Affray
,
he
may
commaunde
him
to
auoide
vpon
paine
of
imprisonment
:
and
if
the
Affray
bée
great
,
or
dangerous
,
he
may
make
Proclamation
,
and
may
commaunde
the
parties
to
pryson
for
a
small
time
,
till
their
heate
be
passed
ouer
,
&
then
he
must
deliuer
the
without
any
fine
taking
.
Affray
.
Marr.
If
any
of
the
parties
bée
in
daunger
,
by
reason
of
a
hurte
receyued
in
the
Affray
then
ought
the
Officer
arrest
and
carrie
the
other
to
the
Gaole
,
vntill
he
shall
finde
suertie
to
appeare
at
the
Gaole
deliuerie
.
Fitzh.
72
:
38.
E.
3.
6.
&
22
:
●b
.
Aff.
pl.
56.
And
if
twoo
men
bée
fighting
in
a
house
(
the
doores
shut
)
then
may
the
Officer
break
open
the
doores
to
see
the
Peace
kept
,
though
neyther
of
them
have
taken
hurte
.
And
yet
when
the
Constable
hath
taken
an
Affrayor
he
may
not
imprison
him
in
his
house
,
but
in
the
S●ockes
,
and
that
not
aboue
suche
a
reasonable
tyme
as
he
may
prouide
to
conuey
him
to
the
Gaol●
till
he
find
suertie
of
the
Peace
.
3.
H.
4.
9
:
&
22.
E.
4.
35.
And
herein
he
differeth
from
a
Gaoler
,
or
the
Shirife
(
who
hath
the
charge
of
the
Gaole
)
for
he
may
make
a
Gaole
of
his
house
:
and
so
cannot
a
Constabe
or
Iustice
of
the
Peace
doe
.
And
by
the
Statute
(
5.
H.
4.
ca.
10.
)
the
Iustice
of
Peace
must
sende
his
prisoners
to
the
common
Gaole
.
If
one
doe
make
an
Affray
vpon
the
Iustice
of
Peace
,
Constable
,
or
suche
other
Officer
,
he
maye
not
onely
defende
him selfe
,
but
maye
also
apprehende
the
offendour
,
and
sende
him
to
the
Gaole
,
till
he
wil
finde
suertie
of
the
Peace
.
5.
H.
7.
6.
And
the
Iustice
,
or
Constable
maye
(
if
néede
bée
)
commauno
assistance
of
the
Queenes
people
,
for
the
pacifying
of
an
Affray
,
3.
H.
7.
10.
If
he
that
maketh
an
Affray
do
flie
into
a
house
when
the
Iustice
of
Peace
(
or
Constable
commeth
to
arrest
him
,
they
may
(
in
fresh
sute
)
breake
open
the
doores
,
and
take
him
,
Mar.
Or
if
he
flie
thence
,
they
may
make
fresh
sute
and
arrest
him
,
though
it
be
in
an
other
Countie
,
by
the
opinion
of
some
men
.
13.
E.
4.
9.
And
it
shoulde
séeme
(
by
the
reason
of
that
Booke
)
that
in
this
case
also
,
they
may
breake
open
the
doores
to
apprehend
him
,
because
the
Prince
hath
an
interest
in
the
matter
,
and
then
a
mans
house
shall
be
no
refuge
for
him
,
as
it
shoulde
be
in
Debt
or
Trespas
,
where
the
interest
is
but
onelie
to
some
particular
partie
.
Now
,
if
the
Constable
do
arrest
one
,
that
hath
hurt
an
other
,
and
do
voluntarily
suffer
him
to
Escape
,
and
then
he
that
was
hurte
●ieth
thereof
within
the
yeare
and
day
,
the
Constable
shal
make
a
great
Fine
,
and
that
to
the
valewe
of
his
goodes
,
in
the
opinion
of
some
.
11.
H.
●
.
12.
&
Stanford
.
35.
1.
But
the
offence
shall
not
have
suche
Relation
to
the
stroke
,
as
to
make
the
escape
to
become
Felonie
thereby
.
Commentar.
Plowd.
263.
Of
the
breach
of
the
Peace
without
a
multitude
,
or
with
a
multitude
,
by
forcible
entrie
into
landes
or
tenements
&c.
And
what
one
Iustice
of
the
Peace
out
of
the
Sessions
may
doe
therein
.
CAP.
XVIII
.
BEfore
the
troublesome
reign
of
King
Richard
the
second
,
it
séemeth
that
the
common
Law
permitted
any
person
which
had
good
right
or
title
to
enter
into
any
land
,
to
winne
the
possession
thereof
by
force
,
if
otherwise
he
could
not
haue
obtained
it
.
And
still
at
this
day
,
if
in
a
common
Action
or
enditement
of
Trespassle
for
entring
into
any
land
,
the
Defendant
will
make
Title
therevnto
,
the
whole
matter
of
the
Force
alleadged
against
him
wil
rest
altogither
vpon
the
validitie
of
his
Title
,
as
appeareth
7
H.
6.
13.
and
40.
And
a
man
maye
also
at
this
daye
retaine
wyth
force
his
owne
goodes
and
cattailes
agaynste
an
other
,
19
H.
6.
31.
&
9.
E.
4.
18.
But
after
the
rebellious
insurrecon
of
the
velleins
&
other
of
the
commons
whiche
happned
in
the
fourth
yeare
of
that
Kinges
reigne
.
The
Parliament
in
5
R.
2.
cap.
7.
(
thinking
it
necessarie
to
prouide
against
all
occasions
of
any
further
vproare
or
newe
breach
of
the
Peace
)
did
ordaine
among
other
thinges
,
That
from
thenceforth
none
shoulde
make
any
entrie
into
any
landes
or
tenements
,
although
his
entrie
into
the
same
were
lawfull
,
but
onely
in
peaceable
and
easie
maner
,
and
not
with
strong
hande
,
nor
with
multitude
of
people
,
vpon
paine
of
imprisonment
,
and
to
be
raunsommed
at
the
Kings
will
.
But
because
this
Statute
gaue
no
quicke
remedie
in
this
point
,
nor
any
special
power
therein
to
the
Iustices
of
the
Peace
of
the
countrie
,
whereas
the
experience
of
that
busie
time
required
a
great
deale
more
spéede
in
suppressing
such
disorder
:
After
that
they
had
in
13.
of
that
king
c.
7.
Stat.
1.
taken
order
that
Iustices
of
Peace
shold
be
made
of
new
in
all
the
Counties
of
England
of
the
most
sufficient
Knights
,
Esquiers
&
men
of
law
of
the
same
Countie
.
And
that
they
should
be
sworne
to
keepe
&
put
in
execution
all
Statuts
&
ordinaunces
touching
their
offices
.
The
in
15
R.
2.
c.
2
they
caused
it
to
be
further
enacted
,
That
when
such
forcible
entrie
should
be
made
into
landes
or
tenementes
,
or
into
Benefices
,
or
Offices
of
the
Church
,
and
complaint
thereof
come
to
any
Iustice
of
the
Peace
,
he
should
take
sufficient
power
of
the
Countie
,
and
go
to
the
place
where
the
forcible
entrie
was
made
:
&
if
he
found
any
that
held
such
place
forciblie
after
such
entrie
made
,
the
same
should
be
taken
and
put
in
the
nexte
Gaole
,
there
to
abide
conuicted
by
the
Recorde
of
the
same
Iustice
,
till
they
had
made
fine
,
and
raunsome
to
the
King
,
And
that
aswell
the
Shirife
,
as
all
others
of
the
Countie
,
shoulde
attende
vpon
the
saide
Iustice
,
to
go
and
arrest
:
such
offendours
,
vpon
pair●e
of
imprisonment
,
and
to
make
fine
to
the
King
.
Now
againe
,
for
asmuch
as
this
laste
Statute
did
not
extende
to
those
that
entred
Peaceablie
,
and
then
helde
with
Force
:
nor
against
the
offendors
if
they
were
remoued
before
the
comming
of
the
Iustices
,
nor
yet
any
paine
therein
ordained
against
the
Sherife
that
did
not
obey
the
preceptes
of
the
Iustices
in
this
behalfe
:
it
was
not
onelie
ordayned
by
a
thribe
Acte
(
made
8.
Hen.
6.
cap.
9.
)
That
the
sayde
former
Statutes
shoulde
be
holden
and
duelye
executed
,
But
it
was
adjoyned
also
thereunto
,
That
if
anye
from
thenceforth
forth
shoulde
make
suche
forcible
entrie
into
lands
,
tenements
,
or
other
possessions
,
or
should
them
holde
forcibly
,
after
complainte
thereof
made
wythin
the
same
Countie
to
any
of
the
Iustices
of
the
Peace
thereby
the
parties
greeued
,
that
the
Iustice
so
warned
should
in
conuenient
time
cause
the
last
said
Statute
duely
to
bee
executed
at
the
costes
of
the
sayde
party
.
And
whether
the
perfons
(
making
suche
entries
)
were
present
,
or
auoided
before
the
Iustices
comming
,
the
same
Iustices
(
or
Iustice
)
in
some
good
towne
next
to
the
said
tenements
,
or
in
some
other
conuenient
place
at
his
discretion
,
shoulde
haue
power
to
enquire
by
the
people
of
the
same
countie
,
as
well
of
them
which
made
suche
forcible
entries
into
landes
or
tenementes
,
as
of
them
whiche
held
the
same
with
force
:
And
if
it
be
found
before
any
of
them
,
that
any
doth
contrary
to
this
Statute
,
then
the
sayd
Iustices
(
or
Iustice
)
shall
doe
the
saide
landes
or
tenements
to
be
reseised
,
and
shal
put
the
partie
(
so
put
out
)
in
full
possession
of
the
same
.
And
when
the
saide
Iustices
(
or
Iustice
)
make
suche
enquirie
,
they
shall
directe
their
Precept
to
the
Shirife
,
commaunding
him
on
the
Kings
behalfe
,
to
cause
to
come
before
them
and
euerie
of
them
,
sufficient
and
indifferent
persons
,
dwelling
nexte
aboute
the
same
landes
or
tenementes
,
whereof
●ucrie
man
shall
haue
landes
or
tenementes
of
the
cleare
yerely
value
offourtie
shillings
at
the
least
,
and
the
Shirife
shall
returne
twentie
shillings
in
issues
vpon
euerie
one
of
them
at
the
firste
Precept
retournable
,
and
at
the
seconde
fourtie
shillings
,
and
at
the
thirde
fiue
pounde
,
and
at
euerie
daie
after
,
the
double
.
And
euerie
Shirife
of
Countie
,
and
Bayly
of
Fraunchise
,
that
shall
not
duely
make
execution
of
the
saide
Precepts
,
shall
forfaite
to
the
King
twentie
poundes
for
euerie
defaulte
,
and
shall
moreouer
make
fine
and
raunsome
to
the
King
.
And
aswell
the
Iustices
or
Iustice
aforesaid
,
as
the
Iustices
of
Assises
,
may
heare
and
determine
such
defaultes
of
Shirifes
or
Baylies
,
aswell
by
Bill
at
the
suite
of
the
partie
grieued
for
him selfe
,
as
for
the
King
onely
,
by
way
of
Enditement
,
and
vpon
suche
due
attaynder
,
he
whiche
sueth
for
himselfe
and
for
the
King
,
shall
haue
the
one
moietie
of
the
saide
twentie
poundes
togeather
with
his
costes
and
expenses
:
and
suche
Processe
shal
be
agaynst
:
suche
so
attaynted
,
as
lieth
against
:
anie
person
endited
,
or
sued
,
by
writte
of
Treapasse
with
force
and
Armes
against
the
Peace
.
And
the
Maiors
,
Iustices
of
the
Peace
,
Sherifes
and
Baylifes
,
that
are
in
Cities
,
or
Bourowes
(
hauing
fraunchise
)
shall
haue
like
power
in
the
articles
aforesayde
,
as
the
Iustices
of
Peace
,
and
Shirits
in
the
Counties
haue
.
But
they
which
kepe
by
force
their
poffessions
in
any
lands
or
tenements
,
whereof
they
or
their
auncesters
,
or
they
whose
estate
they
haue
therein
,
haue
continued
their
possession
in
the
same
by
three
yeares
or
more
,
shall
not
be
endamaged
by
this
Statute
.
This
last
Statute
I
have
the
rather
exemplified
at
large
,
because
it
contayneth
a
full
direction
in
this
businesse
,
yet
because
I
have
séene
some
other
things
that
●ende
to
some
little
explanation
,
of
some
of
the
pointes
of
the
same
,
which
be
good
to
be
considered
of
,
I
thinke
that
they
also
may
be
well
bestowed
here
.
This
Statute
therefore
enableth
any
one
Iustice
of
the
Peace
to
deale
in
this
matter
upon
occasion
geuen
,
and
is
made
,
as
well
against
such
as
enter
with
force
,
as
against
those
that
enter
Peaceablie
,
and
then
holde
in
with
force
.
But
whether
the
Iustice
be
bounde
to
ermine
the
goodnesse
of
his
title
that
entreth
,
and
accordind
to
the
same
to
make
or
deny
restitution
,
it
hath
bene
oft
times
made
a
question
,
which
surely
in
mine
opinion
shoulde
carrie
no
great
doubt
with
it
.
For
séeing
that
the
Statute
5.
R.
2.
cap.
7.
prohibited
all
entries
with
force
although
they
were
otherwise
lawfull
,
and
the
Statute
15.
R.
2.
ca.
2.
rehearsing
the
same
,
geueth
authoritie
to
euerie
Iustice
of
Peace
vpon
any
suche
forcible
entries
,
presently
to
committe
the
offendors
there
found
to
the
Caole
,
and
this
Statute
meaning
to
supplie
some
other
defectes
in
the
former
,
geueth
speciall
remedie
to
the
partie
gréeued
by
the
aide
of
the
same
Iustice
,
by
restoring
of
him
to
his
possession
againe
:
I
see
not
why
the
Iustice
of
Peace
(
who
perhappes
shall
haue
but
little
skill
in
Lawe
to
discerne
and
iudge
of
the
Litle
,
and
yet
be
a
fitte
man
to
suppresse
all
force
,
and
able
enough
to
restore
a
possession
)
shoulde
be
tyed
to
the
discussing
of
the
right
or
title
of
either
of
the
parties
.
And
therefore
22.
H.
6.
18.
admitteth
this
case
,
That
if
A.
shoulde
disseyse
B.
and
B.
shoulde
enter
agayne
and
put
out
A.
by
force
and
strong
hande
,
yet
shoulde
A.
be
restored
to
his
possession
at
the
handes
of
the
Iustice
of
Peace
,
although
his
first
entire
were
very
vnlawfull
.
And
that
thereupon
notwithstanding
the
restitution
made
,
B.
may
have
an
Assise
,
or
else
may
enter
vpon
him
againe
,
so
as
he
doe
it
in
peaceable
manner
.
And
I
doe
little
doubte
,
but
that
a
Lessée
for
years
,
or
a
Copieholder
beyng
put
out
with
force
,
and
the
Lessor
or
Lorde
disseised
thereby
,
the
Lessée
:
or
Copieholder
ought
to
haue
restitution
by
the
helpe
of
a
Iustice
of
Peace
upon
this
Statute
.
Now
whereas
the
wordes
bée
After
complaint
&c.
that
dothe
not
alwaies
in●orce
a
necessitie
of
Complaint
,
by
the
partie
grieued
.
For
if
a
forcible
entrie
bée
committed
,
the
Iustice
may
inquire
of
it
,
and
also
make
restitution
,
vpon
any
informacion
or
other
knowledge
thereof
,
though
no
complaint
be
made
vnto
him
by
the
partie
gréeued
,
as
it
is
holden
7.
E.
4.
18.
It
seemeth
further
that
it
should
not
bée
altogither
requisite
to
the
punishing
of
the
offenders
by
imprisonment
and
fine
,
that
the
partie
gréeued
shoulde
be
actually
put
out
of
possession
.
For
all
the
saide
Statutes
doe
specially
prohibite
the
forcible
cntrie
it selfe
yet
to
haue
restitution
vpon
this
Statute
,
the
putting
out
must
néedes
be
founde
also
.
And
therefore
if
the
case
be
that
after
the
death
of
A.
a
stranger
entreth
into
his
landes
and
holdeth
the
same
by
force
against
his
heire
,
before
be
had
gotten
any
possession
in
déede
,
the
heire
of
A.
in
this
case
(
sayth
Marr.
)
shall
neuer
haue
restitution
because
he
neuer
had
any
other
possession
than
a
possession
in
law
,
but
no
actuall
possession
.
And
by
his
opinion
also
,
If
a
man
claimed
a
rent
or
common
in
lande
,
that
is
so
holden
with
such
force
that
he
can
not
distraine
for
the
one
,
nor
vse
the
other
,
this
a
force
remoueable
by
this
statute
,
but
the
partie
can
haue
no
restitution
here
made
vnto
him
.
One
person
alone
may
commit
this
forcible
entrie
,
so
also
may
he
be
punishable
for
deteining
of
the
possession
by
force
.
If
it
be
founde
that
diuers
persons
haue
made
a
forcible
entrie
to
the
vse
and
behouse
of
a
stranger
that
is
absent
,
although
he
doth
after
agrée
vnto
it
,
but
entreth
not
him selfe
,
this
is
no
force
in
him
,
for
sayth
2.
H.
7.
16.
A
forcible
entrie
can
not
be
without
an
entring
actually
.
After
the
forcible
entrie
,
or
the
deteyning
with
force
,
or
both
be
founde
by
the
enquest
,
the
Iustice
of
Peace
ought
either
by
himselfe
to
put
the
partie
grieued
in
possession
againe
,
or
els
he
may
direct
his
precept
to
the
Shirife
to
restore
him
.
And
in
some
cases
there
may
be
double
or
crosse
restitution
made
sayth
Marr.
As
if
it
be
found
that
I
my selfe
was
seised
vntil
A
disseysed
me
with
force
,
whome
also
B.
disséised
with
like
force
:
in
this
case
if
A.
haue
restitution
against
B.
the
may
I
also
pray
myrestitution
against
A.
But
if
I
first
haue
restitution
,
then
(
sayth
he
)
A.
hath
lost
the
aduantage
of
his
.
And
if
it
were
found
by
one
Inquirie
that
I
my selfe
was
saised
vntill
A.
disseised
me
with
force
,
and
by
any
other
Iurie
found
that
the
sayd
A.
was
saised
vntil
by
me
disseised
with
force
,
then
euery
of
vs
(
sayth
he
)
may
pray
restitution
,
against
the
other
.
And
he
shall
be
in
the
worst
case
that
hath
the
first
restitution
,
for
the
other
also
(
sayth
he
)
shall
haue
his
restitution
after
.
If
two
Iointenants
were
put
out
by
force
and
one
of
them
onely
would
Complaine
&
séeke
for
restitution
,
though
this
special
matter
were
founde
by
the
Inquest
,
yet
shoulde
he
that
sued
for
it
haue
restitution
:
And
this
would
not
worke
any
seuerance
of
the
Jointure
betwene
them
,
Marr.
Restitution
is
not
to
be
made
but
onely
to
the
partie
which
was
put
out
.
And
threfore
if
the
father
were
put
out
by
force
,
and
dyeth
after
enquirie
and
before
restitution
,
his
heire
shall
neuer
haue
restitution
vpon
this
statute
,
no
more
than
the
executors
of
Lessee
for
yeres
that
was
put
out
,
shall
haue
any
restitution
,
Marr.
If
a
writ
of
restitution
be
awarded
to
the
Shirife
,
and
he
returneth
that
he
is
so
resisted
that
he
can
not
bring
the
partie
into
his
possession
,
he
is
to
be
amerced
for
that
returne
,
sayth
Marr.
for
he
may
take
the
power
of
the
countie
to
execute
the
precept
.
The
case
may
be
such
,
that
the
force
is
not
punishable
by
any
Iustice
of
Peace
,
vpon
this
statute
,
nor
any
restitution
can
be
made
at
all
.
As
if
the
house
or
lands
be
in
one
Countie
,
and
the
men
(
forcibly
arrayed
for
defence
thereof
)
be
in
a
house
or
lands
,
that
is
in
the
Countie
adioyning
,
no
Iustice
of
Peace
can
medle
with
this
matter
vppon
this
Statute
.
No
more
can
they
if
the
place
it selfe
extend
into
two
Counties
,
and
the
parties
remoue
their
force
(
before
the
comming
of
the
Iustice
)
out
of
that
Countie
wherein
he
is
a
Iustice
,
Mar.
For
Iustices
of
the
Peace
haue
no
power
out
of
their
owne
Counties
,
but
in
certeine
especiall
cases
giuen
vnto
them
by
Statutes
.
Lastly
,
vpon
the
prouisoe
in
the
latter
end
of
this
Statute
concerning
their
holding
with
force
,
which
haue
had
possession
by
the
space
of
three
yeares
or
moe
,
there
ariseth
some
matter
of
doubt
in
mine
opinion
,
how
farre
the
benefite
of
that
clause
ought
in
good
equitie
to
be
extended
.
M.
Fineux
)
it
will
be
a
good
barre
for
the
defendant
to
pleade
,
that
he
hath
kept
possession
by
thrée
yeares
space
,
yea
though
he
hath
done
so
all
that
time
by
force
.
But
vppon
an
inditement
,
possession
by
twentye
yeares
space
togither
by
force
,
shall
be
no
plea
at
all
against
the
king
,
nor
hinder
the
partie
of
his
restitution
out
of
the
kings
benche
.
Which
opinion
hath
bene
and
still
is
receiued
for
lawe
,
as
I
haue
learned
.
Yet
if
we
consider
well
the
reason
of
the
inserting
of
that
prouisoe
vnto
the
statute
,
perhaps
the
diuersitie
will
not
fall
out
in
all
respectes
to
be
so
reasonable
,
as
it
séemeth
at
the
first
shew
to
be
plausible
.
For
when
this
statute
had
in
generall
tearmes
brought
within
the
penaltie
of
15.
R.
2
ca.
2.
all
such
as
should
deteine
any
lands
or
teneme
t
s
with
force
,
after
that
they
had
entred
into
the
same
in
peaceable
maner
:
yet
was
it
thought
conuenient
(
as
in
truth
it
was
)
to
except
out
of
that
punishment
met
all
those
,
who
hauing
made
their
entries
in
peaceable
maner
,
especially
vpon
good
title
,
had
continued
that
possession
by
thrée
yeares
space
,
before
any
forcible
deteyner
of
the
same
,
And
therefore
such
persons
bée
not
onely
to
take
aduauntage
of
that
clause
in
actions
brought
against
them
vppon
the
statute
(
in
myne
opinion
,
)
but
against
the
King
,
to
eschue
the
punishment
of
a
forcible
defence
committed
,
and
against
the
partie
grieued
,
to
kéepe
him
from
any
restitution
at
the
handes
of
the
Iustice
of
the
Peace
also
.
And
therefore
M.
Marr.
speaketh
generally
,
that
if
the
thrée
yeares
possession
bée
founde
by
the
Inquirie
,
then
〈◊〉
forcible
deteyners
shall
haue
the
aduantage
of
it
,
against
the
King
also
,
which
séemeth
to
be
a
very
reasonable
opinion
,
especially
(
as
I
haue
sayd
)
in
case
where
the
deteynors
did
enter
peaceably
and
by
good
Title
.
For
so
farre
extendeth
the
speache
of
all
the
Iustice
opinions
,
22.
H.
6.
18
And
otherwise
I
sée
not
how
that
may
wel
stande
which
M
Fineux
him selfe
afterward
21.
H.
7.
39.
affirmeth
,
saying
,
that
A
mans
house
is
his
Castle
,
which
he
may
defende
with
force
against
any
priuate
armie
that
shall
inuade
him
.
Neuerthelesse
in
the
principll
case
14.
H.
7.
28.
being
as
it
is
there
put
of
a
wrongfull
entrie
,
and
that
with
force
,
and
of
the
continuance
of
that
possession
with
force
also
by
diuers
yeares
,
I
sée
no
great
reason
why
such
a
disorder
person
should
by
any
continuing
of
his
wrong
,
take
benefite
by
this
prouisoe
eyther
against
the
King
vpon
an
Inditement
,
or
against
the
partie
grieued
to
stay
his
restitution
or
to
conclude
him
in
an
action
brought
vppon
this
Statute
.
But
nowe
,
whether
such
as
bée
Indited
map
bée
admitted
to
their
Trauers
before
the
same
Iustice
of
the
Peace
or
no
,
&
where
or
before
whom
this
Trauers
is
to
be
made
or
receyued
,
I
will
not
take
vppon
me
here
to
discusse
.
4.
E.
3.
ca.
2
appointed
to
doe
,
or
rather
into
the
kings
Benche
,
referring
the
further
proceeding
thereupon
vnto
their
power
an
authoritie
.
And
againe
,
as
touching
the
Assessement
of
the
fines
vppon
the
offendors
by
him
committed
to
the
Gaole
,
some
doe
thinke
,
that
the
selfe
same
Iustice
that
committed
them
,
should
haue
sufficient
authoritie
also
to
put
them
to
their
fine
,
and
vpon
pleuges
founde
for
the
payment
of
it
,
to
deliuer
them
out
of
prison
againe
.
These
things
thus
saide
,
I
will
(
for
the
more
complete
furniture
of
the
Iustice
of
the
Peace
in
this
seruice
againste
forcible
Entries
)
arme
him
with
these
feme
precedents
following
.
The
Mit●imus
to
the
Gaole
testifying
the
holding
with
force
.
RObert
Bing
,
one
of
the
Iustices
of
the
Peace
of
oure
Soueraigne
Lady
the
Queenes
Maiestie
within
hir
Countie
of
Kent
,
to
the
keeper
of
hir
Maiesties
Gaole
at
Maidstone
in
the
said
Countie
,
and
to
his
deputie
&
deputies
there
,
and
to
euery
of
them
,
greeting
.
Vpon
complaint
made
vnto
me
by
C.
D.
of
Ightham
in
the
said
countie
Yeoman
,
that
one
A.
B.
&c.
and
other
Malefactors
had
forcibly
,
and
with
strong
hand
entred
into
his
house
,
&c.
in
Ight.
aforesaid
,
&
him
expulsed
,
and
the
same
yet
hold
with
force
,
I
wente
this
present
daye
to
the
said
house
,
and
there
found
the
said
A.
B.
&c.
forcibly
holding
the
saide
house
,
&c.
wyth
bowes
and
arrows
,
coates
of
plate
,
and
long
piked
staues
,
to
the
great
disturbance
of
hir
Maiesties
Peace
,
and
againste
the
forme
of
the
Statutes
in
that
behalfe
ordained
:
And
therfore
I
send
you
by
the
bringers
hereof
,
the
bodies
of
the
said
A.
B.
&c.
conuicted
of
the
said
forcible
holding
by
my
Recorde
,
commaunding
you
and
euery
of
you
,
in
hir
Maiesties
name
,
that
yee
receiue
them
,
and
safely
keepe
them
in
your
said
Gaole
,
vntill
that
they
shal
haue
made
their
fine
&
raunsome
to
the
Queene
,
&
be
deliuered
thence
by
order
of
the
Law
:
hereof
faile
ye
not
vpon
the
petill
that
wil
fall
thereon
.
Yeouen
at
Wrotham
vnder
my
Seale
,
this
2.
daye
of
September
in
the
xxiij
.
yeare
of
our
saide
soueraigne
Ladie
Elizabeth
,
&c.
And
for
his
Inquirie
,
vpon
suche
a
force
,
as
foloweth
:
The
Precept
to
the
Shirife
.
RObertus
Bing
,
vnus
Iusticiariorum
Domine
Reginae
,
ad
pacem
in
comitatu
Kanciae
conseruandam
assignatorum
,
vicecomitt
eiusde
comitatus
salutem
:
Ex
parte
dictae
Dominae
Reginea
tibi
mando
&
praecipio
,
quod
venire
facias
coram
me
apud
Ightham
in
comitatu
praedicto
,
20.
die
Septem.
proximo
futuro
.
24.
probos
sufficientes
&
legales
homines
de
Viceneto
de
Ightham
preadicta
,
quorum
quilibet
habeat
xl
.
sol
.
terrarum
&
tenementorum
vel
redditunm
per
annum
ad
minus
vltrareprisas
,
adinquiredum
super
sacramentum
sunm
,
si
A.
B.
&
alij
malefactores
et
pacis
dict.
Dominae
Reginae
perturbatores
,
in
vnum
mesuagium
&
decem
acras
terrae
&
alia
tememeta
de
C.
D.
Yeoman
,
in
Ightham
praedicta
,
manu
forti
,
super
possessionem
praedict.
C.
D.
ingressisūt
,
aut
eadem
cum
fortitudine
adhuc
tenent
&
occupant
.
Et
videas
,
quod
super
quolibet
Iuratorum
in
hac
parte
impanellandorū
xx
sol
.
de
exitibus
ad
primum
diem
returnes
,
&
hoc
nullatenus
omittas
sub
paena
xx
.
t●
.
quam
noueris
te
incursurum
,
si
in
executione
praemissorum
tepidus
ant
remissus
fu
eris
:
Et
habeas
ibi
tune
hoc
praeceptum
.
Teste
me
praefato
R.
B.
10.
die
scptem
.
Anno
regni
dictae
Dom.
nostrae
Eliz.
dei
gatia
Angl.
Fran.
&
Hib.
Reginae
,
fidei
defensoris
,
&c.
23
And
vppon
default
of
apparance
of
these
Iurors
,
an
Alias
may
be
awarded
,
&
after
the
Pluries
infinite
,
til
they
come
,
but
so
that
at
the
day
of
the
second
Writ
rl
.
&
.
must
be
returned
,
at
the
third
Writ
C.
&
.
and
at
euerie
day
after
,
the
double
.
The
Inquirie
(
or
Verdu
)
of
the
Iurors
.
INquisitio
pro
Do.
Reginae
,
capta
apud
Ightham
,
in
comit
.
Kanc.
20.
die
Sept.
An.
reg.
Do.
nostrae
Eliz
&c.
22.
super
sacramentum
.
A.
D.
E.
F.
G.
I.
L.
M.
&c.
coram
R.
B.
vno
Iusticiariorum
dict.
Do
Reginae
ad
pacem
in
dicto
comitatu
conseruandam
assignatorum
.
Qui
disunt
,
quod
vbi
C.
D
de
Ight.
praedict.
Yeoman
diu
legitimé
&
pacifi●
setsitus
fuit
in
dominico
suo
vt
de
feodo
de
vno
mesuagio
,
&c.
cum
pertinetys
in
Ight.
praedict.
&
possess
.
suam
sic
continuauit
,
quousque
A.
B.
de
.
&c.&alij
&c.
i.
die
Sept.
vlt.
elapso
,
vt
&
armis
,
viz.
cum
baculis
gladija
,
arcubus
sagittis
,
loricis
,
galeis
,
gunnis
,
in
mesuagium
praedictum
&c.
intrauerunt
,
acipsum
C.
D.
inde
expulerunt
,
&
idem
mesuagium
&
c.
à
praedicto
die
&c.
vsque
ad
die
&c.
cum
huiusmodi
fortitudine
&
potentia
tenuerunt
&
occupauerunt
,
in
magnam
pacis
dict.
Dom.
Reginae
perturbationem
,
ac
contra
formam
statuti
tn
tali
casu
editi
&
prouisi
,
vbinullus
eorum
,
nec
aliguis
alius
cuins
statum
ipsi
aut
aliguis
corum
habuerunt
ant
habuit
,
aliquid
in
eodern
mesnagio
&c.
aut
aliqua
inde
parcella
,
habuerunt
aut
habuit
infra
tres
annos
proximos
ante
ingressum
suum
praedict.
neque
alio
tempore
praecedente
,
ad
notuiam
Iuratorum
praedictornm
.
The
Warrant
for
restitution
,
to
the
Shirife
,
if
the
Iustice
himselfe
will
not
make
restitution
.
ROb.
Bing
,
vnus
Iusticiariorum
&c.
assignatorum
,
Vicecomiti
einsdem
comitat
us
Salatem
:
Cùem
per
quandam
Inquisitionem
patriae
coram
me
captam
apud
Ightham
in
co.
mitatu
praedicto
20.
die
Sept.
&c.super
sacrametum
ac
per
formam
Statuti
in
huiusmodi
casu
prouitsi
compertum
fuerit
,
quod
A.
B.
&
c.
&
alij
&c.
die
&c.
anno
&c.
in
quoddam
mesuagium
&c.
Christopheri
D.
&c.
in
Ightham
pradicta
,
vi
et
armis
ingressifuerint
,
ac
ipsum
C.
D.
inde
expulerunt
,
et
pradict
.
mesuagium
,
&c.
à
praedicto
die
,
&c.
vsque
ad
diem
&c.
manu
forti
,
&
cum
potentia
tenuerumnt
&
occupauerunt
,
prout
per
Inquisitionem
praedictāplenius
liquer
de
Recordo
:
Ideo
ex
parte
dict.
Dom.
Reginae
tibi
mando
&
praecipio
,
quod
ad
hoc
debite
requisitus
,
vnà
cum
posse
comitatus
tui
(
sinecesse
fuerit
)
accedas
ad
mesuagium
&
caetera
premissa
,
aceadem
cum
pertinentijs
reseisiri
facias
,
&
prafatum
C.
D.
ad
,
&
in
,
plenam
possessionem
suam
inde
,
prout
ipse
ante
ingressum
praedict.
fuerat
,
restitui
,
&
mitti
facias
,
iuxtra
formam
dicti
statuti
de
ingressibus
manu
forti
factis
editi
&
prouisi
:
&
hoc
nullatenus
omittas
,
periculo
incumbente
.
Teste
me
prafato
,
&c
,
I
will
now
come
to
the
performance
of
the
promise
which
I
made
,
concerning
the
statute
of
Northampton
:
for
that
also
is
now
of
late
dayes
chiefly
put
in
vre
for
the
punishment
of
Forcible
Cntries
.
That
Law
(
in
effecte
,
&
for
this
purpose
)
is
thus
:
No
man
whatsoeuer
(
except
the
Kings
seruants
and
Ministers
,
in
his
presence
,
or
in
executing
his
precepts
,
or
their
Offices
,
and
such
as
shall
assistthem
:
and
except
it
be
vpon
crye
,
or
proclamation
made
for
armes
,
to
keepe
the
Peace
,
&
that
in
places
where
such
actes
do
hape
)
be
so
hardy
to
come
before
the
kings
Iustices
,
or
other
his
Ministers
doing
theyr
offices
,
with
force
and
armes
:
Nor
bring
any
force
in
affray
of
the
Countrie
:
nor
goe
,
nor
ride
armed
,
by
night
,
or
by
day
in
faires
or
Markets
,
or
in
presence
of
the
Iustices
or
other
ministers
,
nor
in
my
place
elsewhere
,
vpon
paine
to
forfeite
his
Armoure
to
the
King
,
and
his
bodie
to
prison
at
the
Kings
pleasure
.
2
E.
3.
ca.
3.
Vpon
this
Statute
,
he
that
is
put
out
,
or
holden
out
of
his
land
with
force
,
vseth
to
have
at
this
day
a
Writ
directed
out
of
the
Chauncerie
,
eyther
to
the
Shirife
onely
(
as
M.
Fitz
in
his
Nat.
Br.
Fol
249.
rehearseth
it
,
for
I
finde
if
not
in
the
Register
of
Writs
)
or
else
Custodibus
pacis
,
ac
Vicecomiti
,
&
corum
cuiliber
(
as
the
common
maner
is
)
commanding
,
that
Proclamation
be
made
upon
this
Statute
,
and
that
if
any
bée
afterward
found
offending
against
the
same
,
that
then
they
shall
be
committed
to
Prison
(
there
to
remaine
vntill
that
some
other
commaundement
be
given
concerning
them
)
and
that
their
armour
and
weapon
shall
be
prised
,
and
the
same
aunsweared
to
the
vse
of
the
Ruéene
.
But
,
forasumuch
as
that
Iustice
of
Peace
,
(
to
whome
this
Writ
shall
be
delivered
)
is
to
make
execution
of
the
same
,
as
a
Minister
onelie
,
and
is
to
Certifie
hys
dwing
therein
,
I
thinke
good
to
lend
him
these
few
helps
towards
it
.
At
his
comming
to
the
place
,
where
the
force
is
supposed
by
this
Writ
.
he
may
cause
the
Oyes
for
silece
to
be
made
,
with
this
,
or
such
an
other
Proclamation
.
The
Queenes
Maiesties
Iustice
of
hir
Peace
straightly
chargeth
,
and
in
hir
Maiesties
name
commaundeth
all
and
euerie
person
to
keepe
silence
,
whilest
hir
Maiesties
Writ
vpon
the
Statute
made
at
Northampton
in
the
2.
years
of
King
E.
3.
hir
noble
Progenitour
,
deliuered
to
the
saide
Iustice
,
be
read
,
and
Proclamation
be
thervpon
made
accordingly
.
Then
may
he
reade
the
Writ
,
as
declare
the
effect
thereof
in
English
.
After
that
let
the
Oyes
bée
made
againe
,
and
therevpon
may
this
Proclamation
follow
.
Hir
Maiesties
said
Iustice
,
doth
in
hyr
Highnesse
name
,
and
by
vertue
of
hir
sayde
Writte
,
straightlye
charge
and
commaunde
,
that
no
manner
of
person
,
of
what
estate
,
degree
,
or
condition
soeuen
,
nowe
being
wythin
the
house
of
B.
&c.
named
in
the
said
Writ
,
shall
goe
armed
,
nor
keepe
force
of
armour
or
weapon
,
nor
doe
any
thing
there
,
or
elsewhere
,
in
disturbance
of
hir
Maiesties
Peace
,
or
in
offence
of
the
said
Statute
,
vpon
the
paines
of
loosing
his
said
armour
&
weapon
,
&
of
imprisoning
of
his
bodie
at
hir
Maiesties
pleasure
.
God
saue
the
Qucene
.
This
done
,
the
Iustice
may
enter
,
and
search
whyther
there
be
any
force
of
armor
or
weapon
worne
or
borne
againste
this
Proclamation
:
or
otherwise
he
may
enquire
thereof
by
a
Iurie
(
for
so
the
Writ
it selfe
doth
warrant
him
to
do
)
and
if
any
such
be
sounde
,
he
ought
to
imprison
the
offendors
,
and
to
seise
and
praise
the
armoure
and
weapon
so
found
with
them
,
But
if
(
vpon
the
Proclamation
made
)
they
do
depart
in
peaceable
maner
,
then
hath
he
no
warrant
by
the
Writ
to
commit
them
to
prison
.
And
what
weapons
be
offensiue
in
the
case
of
this
Statute
,
he
shall
the
better
discerne
,
if
he
take
with
him
these
fewe
lines
drawen
oute
of
M.
Bractons
Booke
,
Fol.
162.
where
he
speaketh
of
the
like
violent
disseisine
,
shus
:
Est
euam
vis
armata
,
non
solum
si
quis
venerit
cum
telis
,
verumetiam
omnes
illos
dicimus
armatos
,
qui
habent
cum
quo
nocere
possunt
.
Telorum
autem
appellatione
,
amnia
in
quibus
singuli
homines
nocere
possunt
,
accipiuntur
:
Sed
si
quis
venerit
sine
armis
,
&
in
ipsa
concertatione
ligna
sumpserit
,
fustes
,
aut
lapides
,
talis
dicetur
vis
armat
a.
Si
quis
autem
venerit
cum
armis
,
armis
tamen
ad
deijciendum
non
vsus
fuerit
,
et
deiecerit
,
vis
armata
dicitur
esse
facta
.
Sufficit
enim
terror
armorum
,
vt
videatur
armis
detecisse
.
But
nowe
let
me
shew
him
a
Forme
of
Certificat
(
or
returne
)
of
this
Writ
into
the
Chauncerie
and
then
make
an
ende
.
Vpon
the
Writte
it selfe
these
words
may
bée
Endorsed
.
Executio
istius
Brcuis
patet
,
in
quadam
Scedula
eidem
Breui
consuta
.
And
the
Scedule
may
bée
thus
:
EGo
Wilhelmus
Lambarde
vnus
Iusticiariorum
pacis
Dominae
Reginae
in
comitatu
Kanciae
,
certifico
in
Cancellariam
dictae
Dominae
Reginae
,
quod
virtute
istius
Breuis
mihi
primo
deliberati
,
publicè
proclamari
ex
parte
dictae
Dominae
Reginae
feci
,
apud
B.
cuius
in
dicto
Breut
sit
mentio
(
tali
die
&c
)
prout
in
dicto
Breui
praecipitar
:
Et
quod
quidam
.
A.
C.
&
D.
E.
de
F.
in
comitatu
praedicto
Laborers
,
praedictam
proclamatio●e
paruipendentes
,
post
proclamationem
sic
factam
armatiiuerunt
,
ac
armatam
potentiam
duxerunt
,
scilicet
duas
galeas
,
vnum
arcum
,
&
decem
sagittas
,
duos
gladious
,
&
totidem
pugiones
,
in
perturbationem
pacis
dictae
Do.
Reginae
,
ac
terrorem
popule
sus
,
necnon
in
contemptum
Statuti
in
dicto
Breui
specificats
,
manifestum
:
Ac
proinde
,
dict.
A.
C.
&
D.
E.
vna
cum
armataris
fuis
arrestaui
ac
seisiui
,
&
corum
corpora
adproximam
prisonam
dictae
Dom.
Reginae
in
comitatu
praedict.
duci
feci
,
ibidem
moratura
donec
aliud
à
dicta
Dom.
Regi●●
Proipsorum
deliberatione
habouero
in
mandatis
.
Armatur
as
etiam
corum
praedict.
appretiari
feci
,
per
A.
B.
C.
D.
&
E.
F.
de
B.
praedict.
Yeomen
,
ad
hoc
iuratos
:
qui
dicunt
,
quod
praedictae
duae
galeae
valent
x.
s
Et
quod
dict.
arcus
&
.
10.
sagittae
valent
,
vj.
s
Et
quod
gladij
praedict.
valent
xx
.
s
.
Et
quod
dictae
pugiones
vgalent
.
v.
s
.
&
sic
quod
armaturae
praedict.
valent
in
tot
xlj
.
s
.
de
quibus
paratus
sum
respondere
secundum
tenorem
dicti
Breuis
.
In
cuitus
rei
testimonium
,
huic
praesentas
certificationimeae
sigillum
meum
apposm
.
Dat.
apud
B.
praedict.
die
&
Anno
supradictis
.
By
this
you
have
séene
,
what
one
Iustice
of
the
Peace
ought
to
do
in
execution
of
this
Statute
as
a
Minister
:
and
by
the
same
you
maye
also
sée
,
what
he
maye
doe
therein
of
himselfe
,
Ex
efficio
,
as
a
Iudge
,
and
without
any
Writte
,
brought
vnto
him
,
if
one
Iustice
maye
deale
therein
as
a
Iudge
.
For
not
onely
by
the
plaine
wordes
of
the
Statute
of
Northampton
,
the
Wardeins
of
the
Peace
,
haue
power
(
within
their
Wardes
)
and
are
commaunded
to
execute
this
Acte
vpon
a
prins
.
But
also
by
expresse
speach
in
the
Commission
it selfe
,
eucrye
Wardein
of
the
Peace
hathe
the
Statute
of
Northampton
committed
to
his
charge
.
So
that
both
in
the
matter
and
manner
,
the
doing
is
all
one
,
sauing
that
if
he
doe
it
as
a
Iudge
he
nedeth
notto
make
any
proclamation
,
the
Statute
being
a
prohibition
in
it selfe
,
nor
yet
to
sende
any
Certificat
into
the
Chauncerie
but
only
to
make
his
owne
Record
of
that
which
he
shal
do
in
this
behalfe
,
and
thereout
to
sende
some
estreit
into
the
Eschequer
,
that
the
Queene
may
bée
answered
of
the
Armour
or
of
the
value
there
of
.
And
here
prehappes
the
redemption
of
the
imprisonment
maye
bée
at
the
same
Iustices
discreation
,
as
in
the
former
Statutes
of
15.
R.
2
:
&
8.
H.
6.
it
séemeth
to
bée
.
Of
other
breaches
of
the
Peace
,
with
a
multitude
,
as
by
Riot
,
Route
,
or
other
vnlawful
Assemblie
&c.
CHAP.
XIX
.
OVr
Parliaments
séeing
well
that
the
assemblie
of
many
for
breach
of
the
Peace
,
offereth
more
daunger
and
hurt
,
both
generallye
to
the
Commune
wealth
wherein
it
happeneth
,
and
perticularly
to
him
against
whom
it
is
bent
,
than
the
force
of
any
one
or
two
turbulent
persons
can
bring
,
haue
no
lesse
carefully
endeauoured
to
suppresse
the
one
,
than
wisely
foreséene
to
preuent
and
punish
the
other
.
And
therfore
,
not
onely
the
Commission
giueth
power
to
enquire
of
Conuenticles
againste
the
Peace
,
but
sundrie
Statutes
also
haue
deuised
many
meanes
and
paines
to
méete
with
,
and
to
punish
the
same
,
wheras
before
they
wet
punishable
only
,
as
other
trespasses
,
though
sometimes
by
a
greater
,
and
sometimes
by
a
smaller
fine
,
as
the
case
it selfe
required
.
Vnlawfull
Connenticles
bée
not
al
of
one
fort
:
for
sometimes
those
are
called
Conuenticles
,
wherein
many
do
impart
with
others
their
meaning
to
kil
a
man
,
or
to
take
one
an
others
part
in
al
things
,
or
such
like
:
Champerties
also
,
Maintenances
,
Conspiracies
,
Confederacies
,
and
giving
of
Liueries
to
other
than
to
Meniall
Seruauntes
and
officers
,
bée
contained
vnder
the
worde
Conuenticles
saith
Mar.
And
it
appeareth
,
(
27.
lib.
Assi
.
Pl.
44.
)
to
bée
one
of
the
Articles
enquirable
in
the
Kings
bench
whether
any
persons
take
others
to
their
Auowment
and
Protection
,
and
receiue
of
them
rentes
(
or
other
giftes
)
yearely
in
the
name
of
Chyuage
(
or
rther
Cheifage
)
bycause
they
séeme
to
take
vpon
them
to
bée
their
Cheifes
,
heades
,
or
leaders
.
But
,
for
as
much
as
all
these
couenaunts
may
bée
without
any
apparant
shewe
of
Assemblie
against
the
Peace
(
thoughe
otherwise
they
bée
finable
offences
vnder
the
name
&
calling
of
Conuenticles
as
Mar.
thinketh
)
I
will
leaue
them
,
and
resorte
to
those
orther
that
bring
manifest
terror
to
the
Subject
.
Of
these
some
consist
of
a
number
of
people
gathered
togither
disorderly
for
the
cause
of
some
one
or
of
a
fewe
persons
,
and
do
not
bréede
any
generall
or
present
danger
to
the
Estate
or
Couernement
,
and
yet
bée
against
law
,
and
be
called
Riots
,
Routs
,
and
Vnlawful
asseblies
against
the
law
,
against
which
the
Statutes
13.
H.
4.
ca.
7
:
2.
H.
5.
ca
8
:
&
19.
H.
7.
ca.
13
were
specially
prouided
:
and
before
that
,
the
penaltic
of
the
Statute
of
Nort.
2.
E.
3.
ca.
3
ordained
to
bée
laide
vpon
them
by
2.
R.
2.
ca.
6.
But
others
there
bée
that
sauour
of
a
more
generall
disobedience
,
and
bée
(
either
in
regarde
of
the
number
or
quarrell
)
a
verie
Seede
of
Rebellion
if
not
the
Weede
it selfe
,
and
are
therefore
also
sometimes
called
Rumors
,
great
Ridings
,
Routs
&
Riots
,
against
the
Peace
5.
R.
2.
ca.
6
:
7.
R.
6.
&
17.
R.
2.
ca.
2.
sometimes
Assemblies
of
people
in
great
number
,
in
manner
of
insurrection●
.
H.
5.
ca.
9.
and
sometimes
Rebellio
is
Infurrections
and
Rebellious
Assemblies
15.
R.
2.
c.
2
:
8.
H.
6.
ca.
14
:
and
1.
Mar.
Parl.
1.
ca.
12.
Of
all
whiche
(
so
farrefoorth
as
the
Iusices
of
peace
haue
interest
in
them
)
I
wil
intreat
,
but
yet
severally
,
and
so
,
as
either
one
,
or
moe
of
the
Iustices
of
Peace
have
to
do
with
them
,
and
that
out
of
the
Sessions
.
They
of
the
first
kinde
bée
,
as
I
haue
said
,
commonly
called
Riottes
,
Vnlawful
Assemblies
and
Routes
.
But
concerning
the
proper
difference
that
is
betwéene
each
of
these
thrée
,
all
men
do
not
throughly
agrée
.
And
therefore
(
reiecting
al
diversities
of
opinions
)
I
wil
folow
the
whiche
I
take
to
bee
most
colourable
&
most
commonly
receiued
at
this
day
:
wherin
neuerthelesse
I
submit
my self
vnto
the
experience
of
the
Starchamber
as
to
the
best
direction
The
the
Iustices
of
Peace
can
haue
to
follow
in
this
case
.
Riot
seemeth
to
come
of
the
French
word
Riotte
.
Rioter
,
which
signifieth
to
braule
,
or
scolde
,
for
commonly
Riottes
in
deede
do
follow
of
braulling
in
worde
.
Where
there
is
an
vnlawful
assemblie
of
me
(
gathered
togither
)
to
commit
an
vnlawful
act
,
&
they
do
excecute
it
in
deed
:
as
to
beate
a
man
,
or
to
enter
vpon
a
possession
forcibly
,
or
such
like
:
the
fact
is
properly
called
a
Riot
.
An
Vnlawful
Aslebly
is
,
the
company
of
thrée
Vnlawful
persons
(
or
more
)
gathered
togither
to
doe
Assembly
.
such
an
vnlawfull
acte
,
althoughe
they
do
it
not
in
deede
.
Our
Rout
is
the
very
same
which
the
Germans
do
yet
cal
Rot
,
meaning
a
band
or
great
companie
of
me
gathered
togither
&
going
about
to
execute
,
or
executing
in
déed
,
any
Kiot
or
vnlawful
act
.
18.
E.
3.
Sta.
1.
Whiche
giueth
processe
of
vtlagarie
againste
suche
as
bring
Routes
into
the
presece
of
the
Iustices
or
in
Affray
of
the
people
:
And
the
Statute
of
2.
R.
2.
ca.
6.
that
speaketh
of
riding
in
great
Routes
to
make
entrie
into
lands
&
to
beate
others
,
and
to
take
their
wiues
&c.
doe
séeme
to
vnderstande
it
more
largelie
.
And
it
is
a
Route
whether
they
put
their
purpose
in
execution
or
no
,
if
so
bée
that
they
doe
go
,
ride
,
or
moue
forward
after
their
méeting
.
Broo.
Tit.
Riotte
.
4.
&
5.
So
as
it
séemeth
a
Route
should
bée
a
speciall
kinde
of
Vnlawfull
Assemblie
.
And
a
Riot
,
the
disordered
fact
committed
generally
by
anye
vnlawful
Assemblie
.
Howsoeuer
that
bée
,
two
things
are
commune
both
to
Riotte
,
Route
,
and
Vnlawfull
Assemblie
:
the
one
,
that
thrée
persons
(
at
the
leaste
)
be
gathered
togither
,
for
so
is
it
commonly
taken
at
this
daye
,
as
I
haue
learned
.
The
other
,
that
their
being
togither
doe
bréede
some
disturbance
of
the
Peace
,
either
by
signification
of
Speach
,
shew
of
Armour
,
turbulent
Gesture
,
or
actuall
and
crpresse
Violence
so
that
either
the
peaceable
sort
of
men
bée
vnquieted
and
feared
by
the
Facte
,
or
the
lighter
sort
and
busie
bodies
emboldned
by
the
Example
.
And
,
in
these
matters
,
not
onelye
the
Facte
it selfe
,
but
also
the
Manner
of
doing
the
same
,
fallcth
sometimes
iustly
into
consideration
:
in
so
muche
as
,
the
lawfulnesse
,
or
vnlawfulnesse
,
of
the
thing
it selfe
that
is
done
or
intended
,
doeth
not
alwaies
excuse
or
accuse
the
parties
to
a
Riotte
,
Route
,
or
Vnlawfull
Assemblie
,
but
so
,
that
the
Order
and
Circumstance
of
the
doing
,
muste
also
bée
brought
into
indgement
with
it
.
And
therefore
(
sayeth
Maisler
Marrow
)
the
manner
of
the
doing
of
a
lawfull
thing
may
make
it
vnlawfull
:
As
,
if
many
in
one
companie
(
riding
,
or
going
,
to
the
Sessions
,
Faire
,
Market
,
or
Church
it selfe
)
will
ride
,
or
goe
armed
,
to
the
terrour
of
the
people
.
And
contrariwise
,
an
Assemblie
to
do
a
wrong
(
sateth
he
)
maye
bée
so
handled
,
that
it
shall
proue
none
of
chese
offences
:
as
,
if
I
gather
mécte
companie
togither
,
to
carrie
awaye
a
péece
of
Timber
(
which
will
not
bée
moued
without
a
good
many
)
whereto
I
pretends
right
,
though
in
lawe
it
bée
an
other
mans
.
And
so
also
to
doe
an
vnlawfull
thing
,
as
if
many
doe
méete
to
play
at
bowies
,
tables
,
or
Cardes
,
&
do
vse
no
missebehauior
agaist
the
Peace
,
they
are
not
punishable
in
this
degrée
.
And
yet
,
if
he
the
carieth
the
péece
of
timber
away
,
wil
vse
dreadful
words
,
as
to
say
,
the
he
wil
carrie
it
in
spight
of
him
that
hath
it
,
or
the
he
wil
haue
it
,
though
he
die
for
it
,
or
suche
like
,
his
doing
may
their
proue
a
Riot
Furthermore
,
the
intetion
&
purpose
,
of
those
the
be
assebled
,
is
worthie
the
weighing
.
For
,
to
vse
harnesse
on
Didsomer
night
in
London
,
or
on
Day
day
in
the
country
,
for
sporteonly
,
is
no
such
offence
,
séeing
no
terror
followeth
of
it
,
&
the
words
in
terrore
populs
séeme
to
bée
material
in
an
Inditemet
of
this
kinde
.
So
,
if
the
Shirite
or
his
Bailie
do
leuy
people
to
serue
the
Queenes
writs
of
Capias
,
or
if
a
Constable
do
gather
assistance
of
me
with
weapon
to
part
an
Assray
,
it
maketh
no
Riot
.
3.
H.
7.
1
&
10.
So
if
amam
(
hearing
the
another
wil
fetch
him
out
of
his
house
&
beate
him
)
do
assemble
companie
with
force
,
it
wil
bée
no
vnlawful
assemblie
21.
H.
7.
39.
And
so
also
if
many
bée
assébled
,
&
none
of
them
knoweth
to
what
ende
,
it
can
make
no
Rout
nos
Riot
(
as
M.
Mar.
thought
)
til
the
intent
bée
knowen
.
For
if
the
maister
intend
to
make
a
Riot
,
&
take
his
vsuall
seruants
with
him
,
not
foretelling
thé
what
he
intedeth
,
&
the
committeth
an
outrage
with
the
,
this
is
no
Riot
in
thé
:
for
although
he
shal
bée
punished
,
they
shal
bée
excused
.
But
otherwise
it
is
,
if
he
make
thé
priuy
to
his
purpose
.
Mar.
&
in
the
report
of
Daliso
.
And
in
the
former
case
,
it
is
not
material
whether
his
number
of
seruants
bée
aboue
his
degrée
,
or
no
,
so
long
as
they
bée
his
Menials
or
houshold
me
.
And
if
a
number
of
women
,
or
infants
(
vnder
the
age
of
discretion
)
do
assemble
theselues
for
their
own
cause
,
this
is
no
vnlawful
asseblie
punishable
by
these
Statutes
:
But
if
a
man
of
discreation
cause
them
to
assemble
to
commit
an
vnlawful
act
,
then
it
is
otherwise
sayeth
Mar.
And
I
remeber
,
the
not
many
yeres
since
wome
were
punished
in
the
Starchamber
,
and
the
worthily
,
for
that
(
hauing
put
off
their
séemely
shamefastnesse
,
&
apparelling
them selues
in
the
attire
of
me
)
the
assebled
in
gret
number
,
&
in
Riottous
maner
pulled
downe
an
inclosure
.
If
many
be
at
an
Alehouse
,
a
Christmasse
dinner
,
or
Churcbale
,
&
(
without
any
intetion
of
an
Affray
)
they
sodainly
fall
togither
by
the
eares
,
&
make
it
Lapitharum
conutniū
,
yet
this
is
no
Riot
,
vnles
they
betake
themselues
to
parts
,
for
so
it
wil
easily
become
a
Riottous
assembly
.
And
if
12.
Iurours
(
being
committed
to
their
kéeper
)
do
fal
out
&
fighte
,
fiue
as
against
sixe
,
this
maketh
no
Riot
saith
Mar.
bycause
they
were
lawfully
assembled
,
and
were
compelled
to
bée
in
companye
together
.
Finally
,
if
the
Maior
and
Communaltie
of
a
town
do
assemble
and
make
a
Route
in
their
common
quarrell
,
this
offence
shal
bée
iudged
and
punished
in
their
Na●●rail
persons
,
&
not
in
their
bodie
politicke
Mar.
Thus
farre
you
sée
,
what
these
offences
bée
,
and
in
what
manner
they
may
bée
committed
:
now
therefore
beholde
what
power
one
Iustice
of
the
Peace
hath
ouer
them
.
One
Iustice
of
the
Peace
,
can
neither
make
enquirie
of
a
Route
or
Riotte
when
it
is
done
,
nor
assesse
anie
Fine
nor
yet
award
anye
processe
for
it
,
nor
otherwise
meddle
with
it
(
in
the
nature
of
a
Route
or
Riotte
)
but
only
as
a
Trespasse
against
the
peace
,
or
upon
the
Statutes
of
Northampton
or
of
Forcible
Entries
before
treated
of
.
And
therfore
if
he
heare
of
any
Route
or
of
any
intention
of
a
Riot
,
he
alone
,
or
with
his
seruants
may
go
to
the
place
,
&
such
as
he
findeth
Riottously
assembled
&
armed
,
he
may
arrest
to
finde
Suertie
of
their
good
abearing
,
and
may
committe
them
to
warde
,
if
they
refuse
to
giue
it
,
and
take
their
weapons
from
them
:
And
if
he
come
to
the
place
,
and
doe
not
finde
the
yet
come
thither
,
he
may
leaue
his
Seruauntes
there
,
to
make
suche
arrest
when
they
shall
come
:
So
also
,
if
he
bée
sicke
,
he
may
send
his
seruants
to
the
place
to
arrest
them
.
And
this
is
the
iudgemente
of
all
the
Courte
,
in
the
case
of
Sir
Thomas
Greene
14.
H.
7.
8.
grounded
vpon
the
words
both
of
the
Commssion
of
the
Peace
,
and
of
the
Statute
.
24.
E.
3.
ca.
1
as
I
take
it
.
But
if
one
Iustice
of
the
Peace
alone
will
take
vpon
him
to
Recorde
a
Riotte
that
he
séeth
,
the
partie
shall
not
bée
concluded
thereby
,
for
he
may
trauerse
it
:
and
if
the
Iussice
wil
commit
one
to
warde
pretending
vntruelye
that
he
did
a
Riot
,
where
he
did
none
,
an
Action
of
trespasse
lieth
for
the
party
against
him
.
Fitz.
Fo.
18.
So
that
(
vppon
the
whole
matter
)
one
Iustice
of
the
Peace
alone
may
do
somewhat
to
preuet
a
Route
or
a
Rior
,
before
it
be
done
,
and
for
the
staye
of
it
whilest
it
is
a
doing
,
but
nothing
in
effect
to
punish
it
as
a
Riotte
or
Route
,
when
it
is
committed
and
done
:
For
(
as
Iudge
Fineux
saith
)
(
in
that
case
of
Sir
Thomas
Greene
)
the
Statute
which
I
take
to
bée
that
of
●4
.
of
E.
3.
ca.
1.
was
giucn
as
a
hastie
remedie
,
&
for
to
preuent
a
mischiefe
,
being
imminent
and
before
the
eye
,
&
therfore
the
law
shall
largelie
construe
the
auctoritie
of
a
Iustice
of
Peace
in
that
behalfe
:
So
that
he
shall
neither
néede
to
make
anie
Precept
in
wrting
,
nor
to
expecte
the
comming
of
his
Companions
,
nor
to
bée
present
in
his
own
person
,
but
may
vse
al
reasonable
meanes
for
preuention
and
staye
of
the
euil
.
And
yet
the
ordinary
power
of
punishing
Routes
&
Riots
resteth
not
in
his
hand
,
but
rather
belongeth
to
two
Iustices
of
the
Peace
,
as
it
shal
hereafter
appeare
.
In
the
meane
time
,
I
will
adioine
somewhat
out
of
the
Statutes
of
our
owne
age
,
the
whiche
séeing
further
into
the
perilles
that
ensue
of
these
vnlawful
conuentions
,
haue
also
prouided
further
,
as
wel
in
pollicie
to
preuente
them
,
as
in
seueritie
to
punish
them
.
The
statutes
(
1.
Mar.
Parl.
1.
ca.
12
:
&
1.
El.
ca.
17.
)
do
make
thrée
degrées
of
Riottous
&
Seditious
Assemblies
,
in
certaine
special
cases
,
the
first
,
consisting
of
the
commune
number
of
thrée
petsons
,
and
being
vnder
the
number
of
twelue
:
the
seconde
of
twelue
persons
(
or
more
)
and
the
thirde
of
fortie
persons
&
vpward
:
Al
which
are
to
bée
punished
diuersly
,
according
to
the
number
,
intent
,
acte
,
&
obstinacie
,
of
the
parties
assembled
:
wherein
there
is
some
imitation
of
an
auntient
law
that
King
Ina
made
against
théeues
,
whose
degrées
in
offence
the
seuered
&
punished
by
their
number
also
,
saying
thus
:
þeofar
we
hataþ
oððe
seofan
menn
:
fram
seofan
hloþ
oþ
fif
&
þrittig
:
and
syþþan
here
:
that
is
,
Théeues
we
call
them
vntill
the
number
of
seauen
mem
:
from
seuen
,
a
Troupe
,
vntil
35
:
and
an
Armie
,
aboue
that
number
.
But
I
will
procéede
.
One
Iustice
of
the
Peace
therfore
,
maye
(
by
vertue
of
these
Statutes
)
make
proclamation
in
the
Queenes
name
,
that
the
persons
(
assebled
in
offence
of
these
lawes
)
shal
seuer
themselues
,
and
departe
to
their
dwellings
peaceably
:
and
withal
may
(
at
his
difcreation
)
assemble
hir
Maiesties
subiectes
to
take
the
:
and
may
also
take
them
indéede
if
they
disobey
,
&
shal
bée
vnpunished
for
the
hurting
,
mayming
,
or
killing
of
any
of
them
,
if
they
make
resistance
.
Here
I
must
stay
and
for
a
time
,
goe
no
further
with
these
asseblies
,
bicause
the
power
of
one
Iustice
of
the
Peace
fayleth
mee
,
&
ertendeth
no
further
in
them
:
the
rest
shal
bée
disclosed
,
when
order
shall
lead
vs
to
intreate
of
the
aurtoritie
of
two
Iustices
.
What
other
things
one
Iustice
of
the
Peace
alone
,
may
do
out
of
the
Sessions
,
by
vertue
of
Statutes
mentioned
in
the
Commission
.
CAP.
XX.
BEFDKE
that
I
shall
descende
to
shewe
suche
further
partes
of
power
as
bée
giuen
to
one
Iustice
of
the
Peace
by
latter
Statutes
,
it
shall
not
bée
amisse
to
take
in
my
waye
,
that
remnaunte
of
hys
aucthoritye
whyche
lyeth
in
the
firste
Assignauimus
of
the
Commission
,
and
hath
not
bene
yet
fully
applyed
to
the
practise
.
The
whole
consisteth
of
such
members
as
I
haue
alredy
shewed
,
namely
of
the
Statute
made
at
Winchester
.
13.
E.
1.
of
the
Statute
made
at
Northampton
.
2.
E.
3.
ca.
3.
the
Statute
made
at
Westminster
.
5.
E.
3.
ca.
14.
the
Statute
mentioned
to
be
made
at
Cambridge
,
(
but
mistaken
for
Canterburie
)
12.
R.
2.
the
Statutes
1.
H.
4.
ca.
7
:
&
2.
H.
4.
ca.
21
:
of
Liueries
:
and
the
Statute
3.
H.
5.
ca.
6.
&
7.
of
counterfeting
and
other
falsifying
of
money
.
Of
this
laste
Statute
,
as
also
of
that
at
Northampton
.
I
haue
heretofore
saide
what
I
thought
.
Concerning
Winchester
&
Westminster
,
I
say
shortly
,
that
by
the
forme
of
the
Commission
as
it
is
,
one
Iustice
of
the
Peace
may
put
the
articles
of
them
in
execution
:
First
,
by
commaunding
fresh
sute
,
hue
and
crie
,
and
search
to
be
made
by
the
Shirffes
and
Baylifes
,
&
others
,
after
thefts
and
robberies
:
watches
to
be
kept
for
arresting
of
suspected
persons
and
night-walkers
:
and
highwayes
to
be
enlarged
:
Then
by
séeing
,
that
two
Constables
be
in
each
Hundred
and
Franchise
:
by
forbidding
Fairs
and
Markets
to
be
holde
in
Church
yards
:
by
compelling
such
as
be
betwéene
the
age
of
fiftéene
yeares
and
thréescore
,
to
be
sworne
to
the
Peace
(
for
that
also
is
in
the
Articles
vppon
the
Statute
of
Winton
)
&
lastly
,
by
charging
the
Constables
to
arrest
such
as
shal
be
suspected
to
be
Drawlatches
,
Wastours
,
or
Robertsmen
,
that
is
to
say
,
either
myching
or
mightie
théeues
,
for
the
meaning
muste
remaine
,
howsoeuer
the
word
be
gone
out
of
vse
.
The
Statute
of
Canterburie
(
made
chiefly
for
Artisicers
and
Labourers
,
and
partly
for
Victualers
)
is
repealed
for
the
first
,
and
runneth
for
the
last
in
a
generalitie
.
And
as
for
that
law
,
&
those
of
H.
the
4.
concerning
Liueries
,
I
sée
not
what
one
Iustice
of
the
Peace
may
well
do
towardes
the
execution
of
them
,
further
than
by
commaunding
the
to
be
obserued
.
For
,
the
forfeiture
groweth
,
either
by
Attainder
vppon
enquirie
,
or
by
Record
of
the
Iustices
in
their
presence
,
as
the
Statutes
themselues
do
appoint
.
And
these
bothe
doe
require
two
Iustices
,
as
the
very
wordes
thereof
,
and
of
the
second
Assignammus
in
their
Commission
,
being
in
the
plurall
number
,
doe
plainely
purporte
.
For
,
I
do
not
thinke
that
any
other
maner
of
execution
of
these
lawes
by
one
Iustice
of
the
Peace
,
ought
to
bée
gathered
by
any
general
words
of
the
first
Assignauimus
.
I
know
,
that
M.
Fitz.
in
his
Nat.
Br.
Fol.
82.
saith
,
that
albeit
a
Iustice
of
the
Peace
hath
none
expresse
auctoritie
within
his
Commission
to
take
a
Recognusaunce
of
the
Peace
,
yet
of
Congruence
it
followeth
,
that
he
may
take
it
,
because
he
hathe
auctoritie
in
plaine
wordes
,
to
cause
the
Peace
to
bee
kept
,
and
to
compell
men
to
finde
Suertie
for
the
same
.
And
it
is
a
Rule
of
Lawe
,
Concesso
vno
aliquo
,
etiam
id
concedi
videtur
,
sine
quo
prius
concessum
habers
nequit
:
But
howe
farre
these
things
may
bée
drawen
,
I
will
not
determine
,
remembring
,
that
also
is
an
other
Kule
,
In
generali
concessione
non
ventunt
ca
,
quoe
quis
non
esset
verisimiliter
in
specie
concessurus
.
But
as
I
haue
saide
heretofore
,
A
newe
reforming
of
the
present
forme
of
the
Commission
woulde
easily
remoue
from
vs
all
these
doubts
.
This
I
do
not
like
at
al
,
that
one
Iustice
of
the
Peace
,
shoulde
take
vppon
him
to
binde
an
offendor
agaynste
anie
Penall
Lawe
,
(
being
wythin
the
power
of
Iustices
of
the
Peace
,
but
yet
neyther
comprehended
in
their
Commission
,
nor
committed
to
the
charge
of
anye
one
of
them
)
to
appeare
at
the
Sessions
,
to
aunsmeare
to
his
faulte
.
For
,
although
I
haue
séene
sundrye
olde
Precedents
of
Attachments
to
be
made
from
one
Iustice
of
the
Peace
agaynste
Labourers
,
to
be
before
the
Iustices
at
their
Sessions
,
to
aunsweare
to
their
contempts
:
yet
I
am
not
persuaded
that
the
like
maye
be
done
against
the
offendors
of
other
Statutes
,
vnlesse
it
be
specially
therein
so
appointed
:
no
more
than
it
might
haue
bene
done
in
that
case
of
Labourers
it selfe
,
had
not
the
Statute
of
Labourers
(
25.
E.
3.
ca.
6.
)
expresly
commaunded
it
.
And
I
doubt
not
,
but
they
of
the
last
Parliament
were
also
of
this
minde
with
me
:
For
,
if
they
had
thought
it
generally
lawful
so
to
doe
,
they
woulde
not
haue
so
specially
prouided
for
it
,
as
you
shall
anone
sée
in
the
notes
of
the
Statutes
,
(
23.
Eliza.
)
againste
Slaunderous
newes
,
and
against
the
taking
of
Pheasants
and
Partriges
.
And
surely
,
much
harme
followeth
of
it
,
for
it
falleth
out
moste
commonly
in
experience
,
that
those
Iustices
whiche
be
moste
busie
to
take
such
bondes
,
bée
no
lesse
readie
to
release
them
:
and
so
(
playing
faste
and
loose
)
they
kéepe
(
as
it
were
)
priuie
Sessions
wythin
their
own
houses
,
in
which
,
both
the
Queene
looseth
hir
Fine
and
the
common
wealth
an
example
:
and
if
the
offendor
loose
also
,
then
that
(
belike
)
falleth
to
the
share
of
him
that
worketh
the
deliuerance
.
And
therefore
,
it
were
better
(
as
I
wéene
)
that
such
offendors
were
first
Endited
,
and
then
that
Processe
were
orderly
awarded
against
them
,
vntill
that
eyther
they
yéelded
themselues
,
or
were
taken
,
or
outlawed
.
There
is
an
other
thing
also
,
whereof
I
thought
méete
to
admonishe
the
Iustices
of
Peace
,
in
this
place
.
Many
of
them
doe
vse
to
giue
out
their
Precepts
to
attach
persons
suspected
of
Felonie
,
to
haue
them
brought
before
them
,
which
thing
is
neyther
newly
deuised
,
nor
done
without
colour
:
for
they
haue
such
a
Precedent
in
the
olde
Booke
of
Iustices
of
the
Peace
Fol.
41.
and
there
is
no
doubt
,
but
that
if
a
Felonie
bée
done
,
euery
man
may
arrest
whomsoeuer
he
suspecteth
of
it
.
But
for
all
that
,
the
whole
Courte
(
14.
H
8.
18.
)
condemneth
such
Precepts
,
because
,
if
the
Baih●e
which
serueth
the
Warrant
,
haue
suspition
in
the
partie
,
he
may
of
himselfe
without
the
Warrant
arreste
him
:
and
if
he
haue
not
,
the
Warrant
of
the
Iustice
of
Peace
is
no
warrant
to
arrest
him
,
vnlesse
he
be
endited
before
.
What
other
things
one
Iustice
of
the
Peace
may
do
,
out
of
the
Sessions
,
by
the
power
of
other
Statutes
,
not
mentioned
in
the
Commission
.
CHAP.
XXI
SEing
the
whole
power
of
one
Iustice
of
the
Peace
(
as
wel
in
the
very
businesse
of
the
Peace
it selfe
,
as
in
the
execution
of
some
Statutes
mentioned
in
the
Commission
)
hath
now
at
length
bene
rehearsed
.
Euerie
Iustice
of
the
Peace
is
a
Conseruatór
of
Riuers
wythin
his
Countie
:
and
(
when
he
may
attende
it
)
oughte
to
suruey
the
Weares
in
Riuers
,
that
they
be
of
reasonable
widenesse
,
and
shall
suruey
the
offences
of
taking
Salmons
in
any
Waters
(
out
of
the
Countie
of
Lancaster
)
betwéene
the
Natituitie
of
the
Virgine
Marie
,
and
S.
Martins
day
,
and
(
there
)
betwéene
the
feasts
of
S.
Michaell
,
&
the
Purification
of
the
said
Virgine
:
and
taking
yong
Salmons
at
Myll
Pooles
,
or
other
places
,
from
the
middest
of
Aprill
till
midsommer
:
and
of
casting
Nettes
into
any
Waters
,
(
by
whych
the
fry
of
any
fish
may
be
taken
)
and
punish
the
same
by
burning
of
their
Nets
and
engins
.
Westminst.
2.
ca.
47
:
13
R.
2.
ca.
19.
&
17.
R.
2.
ca.
9.
One
Iustice
of
the
Peace
may
take
vpon
him
to
heare
and
order
the
controuersies
,
betwéene
Maisters
and
seruants
,
touching
their
departure
,
&
may
alow
of
the
reason
,
&
sufficience
of
the
cause
,
for
which
a
Master
may
put
away
his
reteyned
seruant
,
or
the
seruant
may
departe
before
the
ende
of
hys
terme
:
and
may
(
in
Day
time
or
Daruest
)
vpon
request
,
and
for
the
sauing
of
Corne
,
graine
,
or
hay
,
cause
suche
Artificers
,
and
persons
(
as
be
méete
to
labour
)
by
his
discretion
to
serue
by
the
day
,
for
the
getting
,
cutting
,
inning
,
or
carying
therof
,
according
to
the
skil
and
qualitie
of
the
person
,
&
may
(
vppon
his
refusall
)
imprison
him
in
the
Stockes
by
the
space
of
two
dayes
and
one
night
.
Iustices
5.
Eliz.
ca.
4.
If
any
such
person
,
as
is
declared
to
bée
a
Roage
Vagabonde
,
or
sturdy
Beggar
,
by
the
Statute
(
14.
Eliz.
ca.
5.
)
being
aboue
the
age
of
fourtéene
yeares
,
shall
bée
taken
begging
,
or
wandring
,
or
missusing
hymselfe
,
contrary
to
that
Acte
,
and
be
brought
before
a
Iustice
of
the
Peace
,
he
is
presently
to
committe
him
to
the
common
Gaole
,
or
to
such
other
place
,
as
shall
be
by
the
Iustices
of
the
Peace
,
(
or
thrée
of
them
)
at
their
generall
Sessions
appointed
therfore
:
to
remaine
there
(
without
bayle
,
or
mainprise
)
till
the
next
Session
of
Peace
,
or
generall
Gaole
deliuerie
,
whiche
shall
firste
happen
.
And
the
Register
booke
of
the
Pore
within
each
diuision
of
the
Iustices
of
Peace
,
is
to
remaine
with
one
of
the
Iustices
of
that
diuision
.
Eliza.
ca.
5.
Learne
if
the
Register
Booke
is
to
haue
continuance
still
.
Vpon
information
to
anye
Iustice
of
Peace
of
any
vnlawfull
hunting
by
night
,
or
with
painted
faces
,
or
other
disguising
(
in
Forrest
,
Parke
,
or
Warrein
)
of
anye
person
to
bée
suspected
thereof
,
that
Iustice
may
make
a
Warrant
to
the
Shirife
,
Constable
,
Baylife
,
or
other
Officer
,
to
take
the
partie
,
and
to
haue
him
before
him
,
or
any
other
Iustice
of
the
Peace
in
that
Countie
,
who
may
examine
him
of
that
hunting
,
and
of
the
doers
in
that
behalfe
,
and
if
he
do
wilfully
conceale
that
hunting
,
or
any
person
with
him
defectiue
therein
,
then
the
same
concealement
shal
be
Felonie
in
such
concealour
,
but
if
he
confesse
the
truth
of
all
that
he
shall
be
examined
in
that
behalfe
,
then
his
offence
of
Hunting
,
shall
bée
but
Trcspasse
and
Finable
at
the
nexte
generall
Sessions
of
Peace
there
.
1.
H.
7.
Euerie
Iustice
of
the
Peace
maye
(
as
well
wythin
Liberties
,
as
without
)
enter
into
any
common
house
or
place
,
where
anye
playing
at
the
Bowles
,
Coytes
,
Cloth
,
Cayles
,
halfe-bowles
,
Lennis
,
Dice
,
Cardes
,
Lables
,
or
at
anye
other
game
prohibited
by
anye
former
Statute
(
of
whych
sorte
be
Footeball
,
and
casting
of
the
stone
by
12.
R.
2.
ca.
10.
)
or
playing
at
any
vnlawfull
game
(
alreadie
innented
,
or
hereafter
to
be
inuented
)
shall
be
suspected
to
be
vsed
against
this
Statute
:
and
may
arrest
as
well
the
kéepers
of
suche
places
,
as
the
players
there
,
and
imprison
them
vntill
thosc
kéepers
finde
Suerties
to
the
Duéeees
vse
(
to
be
bounde
by
a
Recognusaunce
,
or
otherwise
)
no
longer
to
occupie
anye
suche
play
or
place
,
and
that
the
persons
founde
there
playing
,
bée
in
like
forte
bounde
by
themselues
,
or
wyth
Suerties
(
at
the
discreation
of
the
taker
)
no
more
to
playe
,
or
haunte
,
at
,
or
to
,
anie
of
the
sayde
places
,
or
at
any
of
the
saide
games
.
33.
H.
8
cap.
9.
Anye
one
Iustice
of
Peace
(
by
the
large
wordes
of
the
Statute
)
maye
enquire
,
heare
,
and
determine
,
by
hys
discretion
,
as
well
by
examination
as
otherwise
,
the
offences
committed
in
Tilemaking
,
and
assesse
the
Fine
therein
limited
.
17.
Edward
.
4.
cap.
4.
But
learne
whether
it
bée
so
to
bée
taken
or
no.
If
anye
Souldiour
,
seruing
the
Duéene
in
hir
Warres
,
doe
sell
,
gyue
away
,
wilfully
purloine
,
erchaunge
,
alter
,
or
put
away
,
any
Horsse
,
Gelding
,
Mare
,
or
Harnesse
,
wherewith
be
shal
be
set
forth
,
or
which
being
taken
from
any
other
souldiour
,
shall
be
appointed
vnto
him
,
and
doe
escape
the
punishment
,
which
the
Lieutenant
,
high
Admirall
,
the
Kings
Deputie
the
Viccadmirall
,
Wardein
,
&
Captaine
,
&
their
Deputies
,
in
their
absence
may
laye
vppon
him
,
by
this
Staute
,
then
vppon
complaint
and
due
proofe
of
the
offence
to
bée
made
by
the
owner
,
hys
executors
or
Administrators
,
to
any
Iustice
of
Peace
,
where
suche
offendour
shall
bée
founde
,
he
shall
be
by
him
committed
to
Warde
,
there
to
remayne
(
wythout
baile
or
mainprise
)
till
he
shall
haue
satisfied
the
owner
,
his
executours
or
Administrators
,
of
such
Horse
,
Gelding
,
Mare
,
or
Harnesse
so
sold
,
gyuen
awaye
,
&c.
vnlesse
hée
bring
with
hym
before
the
same
Iustice
,
sufficient
testitmonie
from
the
sayde
Lieutenaunt
,
or
anye
of
the
persons
aboue
named
(
in
writing
vnder
their
Seale
)
testifying
,
that
the
saide
Horsse
or
Harnesse
,
was
loste
in
the
Quéenes
seruice
againste
the
wyll
of
that
Souldiour
,
or
was
taken
by
anye
of
them
from
hym
for
anye
reasonable
respecte
,
and
appointed
to
some
other
to
serue
wythall
2.
and
3.
Edwardi
6.
cap.
2.
If
anye
person
(
to
whome
anye
Agnus
Dei
,
Crosse
,
Picture
,
Beade
,
or
such
superstitious
thing
from
the
Sea
of
Rome
,
or
the
auctoritie
thereof
,
shall
bée
offered
or
deliuered
)
doe
disclose
the
name
and
dwelling
(
or
place
of
resorte
)
of
suche
offerer
or
deliueredr
,
to
any
Iustice
of
Peace
of
that
Shire
,
where
hée
,
to
whome
suche
offer
or
deliuerie
is
,
shall
bée
restant
;
then
that
Iustice
muste
(
wythin
fourtéene
dayes
next
after
)
declare
the
same
to
some
one
of
the
Quéenes
priuie
Counsell
.
13.
Elizab.
cap.
3.
Euerye
Iustice
of
Peare
maye
(
wythin
one
Moneth
after
the
speaking
or
reporting
)
committe
to
Warde
,
anye
person
,
beyng
vehemently
suspected
of
saying
,
or
reporting
of
any
slaunderous
news
or
thles
,
agaynste
the
Quéenes
Maiestie
,
(
vnlesse
he
do
put
in
Suerties
to
appeare
at
the
nexte
Quarter
Sessions
,
or
Gaole
deliuerie
)
there
to
remayne
,
till
he
shall
finde
Suerties
for
surhe
hys
apparance
.
Quarter
Sessions
,
or
Gaole
deliuerie
.
23.
Elizab.
ca.
2.
If
anye
offendor
(
confrarie
to
the
Statute
prouided
againste
the
Disturbers
of
anye
Preacher
)
shall
bée
arrested
and
brought
before
a
Iustice
of
the
Peace
,
then
be
(
vppon
due
accusation
there
vpon
hadde
by
the
sayde
arrestor
,
or
other
person
)
shall
foorthwyth
committe
the
partie
so
taken
to
safe
custodie
,
by
his
discretion
.
1.
Mar.
Parlia
.
1.
ca.
3.
But
enquire
,
if
all
thys
Statute
bée
not
repealed
by
1.
Elizab.
cap.
2.
in
generall
worbes
at
the
latter
enbe
thereof
Euerie
Iustice
of
the
Peace
may
(
within
one
Moneth
after
the
arriuall
)
seaze
all
the
gwdes
of
anye
outlandishe
persons
(
calling
themselues
Egiptians
)
that
shall
come
into
thys
Kealme
:
and
maye
also
kéepe
the
one
moitie
thereof
to
hys
owne
bse
,
makyng
accompte
to
the
Quéene
in
the
Escheaquer
for
the
other
moifie
.
And
euerie
person
that
can
prooue
by
two
credible
witnesses
before
him
that
so
seazeth
,
that
any
of
those
goodes
were
craftily
,
or
feloniously
taken
from
him
,
shall
be
incontinently
restored
thereto
before
the
partie
that
so
seazed
them
,
vppon
paine
of
the
double
valewe
thereof
to
be
forseifed
to
such
proouer
.
22.
H.
8.
cap.
10.
But
note
,
that
after
the
Moneth
,
the
offence
is
made
Felonie
,
and
then
it
séemeth
,
the
Quéene
is
to
haue
the
goodes
wholly
.
1.
&
2.
Phil.
&
.
Mar.
ca.
4.
If
any
one
Iustice
of
the
Peace
do
ioyne
with
the
Clearke
of
the
Peace
in
taking
the
Inroilment
of
an
Indenture
of
bargaine
and
sale
of
lands
,
fenements
,
or
heredifaments
,
lying
in
that
Countie
where
he
is
Iultice
,
it
is
sufficient
as
it
séemeth
by
the
wordes
of
the
Statute
.
27.
H.
8.
cap.
16.
Euery
Iustice
of
Peace
maye
eramine
&
search
(
by
his
discrefion
)
such
as
doe
seel
or
set
foorth
so
be
solde
any
Candels
,
and
other
workes
of
Ware
,
at
higher
price
than
after
the
rate
of
foure
pence
the
pounde
,
ouer
the
common
price
of
plaine
Ware
,
betwéen
Merchant
&
Merchant
:
and
may
also
punish
them
by
forfeiture
of
the
worke
fette
foorth
to
sale
,
and
of
the
balewe
of
that
whiche
is
solde
,
and
by
Fine
to
the
King
.
11.
H.
6.
ca.
12.
as
it
séemeth
by
the
large
words
of
the
Statute
.
Anye
one
Iustice
of
Peace
,
is
warranted
to
fette
on
the
Pillorie
,
in
the
nexte
Market
Towne
to
the
place
of
offence
,
any
person
that
hath
broken
the
Assise
of
Fewell
,
and
is
conuicted
thereof
,
and
not
able
to
pay
the
forfeiture
,
there
to
be
at
eleauen
of
the
clocke
vppon
the
Market
daye
,
wyth
a
Billet
or
Fagot
bounde
to
some
parte
of
hys
body
.
7.
E.
6.
ca.
7.
but
consider
,
whether
a
Iustice
of
Peace
,
maye
conuicte
him
of
the
saide
forfeiture
or
no
:
for
it
seemeth
by
the
wordes
of
the
Statute
,
that
hée
is
to
be
rather
a
Minister
,
than
a
Iudge
in
that
case
.
If
any
person
(
aboue
firetéene
yéeres
of
age
)
doe
by
the
space
of
twelue
Moneths
,
forbeare
to
repaire
to
some
Church
,
Chappell
,
or
vsuall
place
of
common
Prayer
,
contrarie
to
the
tenor
of
the
Statute
(
1.
Eli.
ca.
2.
)
then
any
one
Iustice
of
Peace
of
the
Countie
where
such
offendor
shall
dwell
or
be
,
may
make
Certificat
thereof
in
writing
into
the
Kings
Bench
,
to
the
ende
,
that
the
offendor
maye
there
vppon
bée
bounde
in
200
.
lb
at
the
leaft
with
sufficient
suerties
to
the
good
behauiour
for
that
this
so
long
obstinacie
,
besides
the
other
penalties
23.
Eliz.
cap.
1.
Euerie
Iustice
of
Peace
maye
eramine
offences
against
the
Statute
made
for
preseruation
of
Phesants
,
and
Patriches
,
&
against
hauking
in
Corne
(
if
the
same
offences
bée
not
before
lawsully
hearde
,
or
determined
otherwise
)
and
may
take
bond
of
the
offendor
with
good
suerties
for
his
apparance
af
the
nerf
general
Seisions
of
the
Peace
,
to
aumswere
to
the
saide
offence
,
and
to
pay
the
penaltie
,
or
receiue
the
punishmet
due
therfore
:
and
may
also
after
conuiction
and
punisment
of
suche
offender
,
in
taking
or
killing
Phesants
or
Patriches
,
take
like
bond
of
him
&
suerties
,
that
for
the
space
of
two
yeares
,
he
shall
not
offende
against
the
saide
Statute
.
23.
El.
ca.
10.
If
séemeth
that
one
Iustice
of
the
Peace
,
may
(
vpon
complaint
of
the
partie
gréeued
)
eramine
the
Shirife
,
Vndershirife
,
and
Plaintife
,
concerning
the
taking
or
entering
of
plaintes
in
their
Conntie
Courtes
&
bookes
against
the
Statute
:
And
if
he
finde
therby
any
fault
or
offence
committed
,
that
shall
stande
for
a
sufficiente
conuiction
and
attainder
,
without
any
further
enquirie
or
examina
mination
:
So
may
be
also
eramine
the
Bailic
of
the
Hundred
for
not
warning
of
the
Defendant
in
such
a
plaint
,
according
to
his
precept
from
the
shirife
or
Vndershinte
,
and
if
thereby
he
finde
a
default
and
offence
,
that
also
shall
stand
for
a
sufficient
condemnation
.
Iustice
must
Certific
those
eraminations
within
a
quarter
of
a
yeare
into
the
Eschequer
.
And
further
the
Custos
Rotulorum
or
the
Elbeft
of
the
Quorum
in
his
absece
,
ought
(
at
the
General
Sessrions
after
S.
Michael
)
appoint
two
Iuslices
of
the
Peace
(
the
one
being
of
the
Quorun
to
haue
the
ouer
fighte
and
controlement
of
the
said
Shirifes
&c.
and
of
the
amercemets
.
And
that
one
of
those
Iustices
may
examine
and
(
without
further
enquirie
)
conuict
the
gatherers
of
the
same
,
if
they
gather
any
more
money
than
is
contained
in
their
lawfull
Esfreites
.
11.
H.
7.
ca.
15.
The
Cerificate
of
one
Iustice
of
Peace
(
ioyned
with
the
Customer
of
the
place
)
of
the
vnlading
and
felling
of
Corne
,
Graine
,
or
Cattell
,
carried
by
Water
from
one
place
to
an
other
of
thys
kealme
vnto
the
Customer
and
Controller
of
the
place
where
the
same
was
imbarked
,
is
sufficiente
and
ynough
vppon
the
Statute
of
forestalling
.
5.
Edward
.
6.
cap.
14
:
&
.
13.
Eliz.
cap.
25.
One
Iustice
of
peace
maye
take
out
of
Sanctuarie
certayne
abiured
persons
thither
and
others
being
indited
of
some
kind
of
offences
mentioned
in
the
Statute
,
done
after
they
become
Sanctuarie
men
,
&
maye
commit
them
to
the
Gaole
in
the
Countis
where
the
inditement
is
founde
,
til
they
bée
tried
.
22.
H.
8.
ca.
14.
Euerie
person
finding
or
seacute
;
eing
anye
to
offende
the
Statutes
made
againste
the
shooting
in
Crossebowes
and
Handgunnes
,
maye
arreste
and
bring
,
or
conuey
him
to
the
next
Iustice
of
the
Peace
of
the
Countie
,
wherein
be
was
founde
offend
,
who
(
vpon
due
examination
and
proofe
thereof
beefore
him
made
)
may
by
his
difscreation
commit
him
to
the
Gaole
,
there
to
remane
tpll
be
shall
truely
pay
the
one
moitie
of
the
for
feyture
of
this
Statute
,
to
the
Quéene
,
and
the
other
moitie
to
such
〈◊〉
bringer
or
conueyer
.
33.
H.
8.
cap.
6.
Here
therfore
thys
Iustrce
of
Peace
hauing
(
as
it
séemeth
)
the
whole
matter
committed
to
hym selfe
in
thys
case
,
is
to
bée
verye
circumspecte
therein
,
leaste
hée
too
hastelye
conbemne
the
guiltlesse
,
or
negtigently●
suffer
the
offendor
to
escape
,
for
vpon
the
offence
sufficiently
proued
,
it
is
necessarie
that
in
his
Mittimus
or
precept
to
the
Gaoler
there
be
contained
the
names
of
al
the
parties
,
the
offence
,
and
how
long
hée
is
to
bée
helde
in
prison
.
And
further
he
is
to
make
a
Record
of
this
matter
,
and
send
the
Estreit
thereof
into
the
Eschequer
,
wherby
the
Barons
may
haue
intelligence
of
the
same
,
to
haue
the
Quéenes
dutie
leuied
to
hir
vse
.
The
forme
of
this
Mittimus
may
bée
easely
drawne
by
some
other
Precedents
in
thys
Booke
.
Euerie
person
(
other
than
such
as
are
auctorifed
by
value
of
100.
th
.
in
landes
)
ought
,
if
he
bée
auctorised
to
shoote
,
and
do
inhabite
in
the
Countrey
,
present
his
name
to
the
next
Iustice
of
Peace
adioyning
.
And
there
vpon
the
Iustice
ought
to
present
and
recorde
the
same
before
the
Iustices
of
the
Peace
at
the
next
quarter
Sessions
2
E.
6.
ca.
14
But
learn
of
others
,
whether
this
matter
is
to
haue
cotinuaunce
still
,
or
else
did
onely
extended
to
suche
persons
as
had
licence
at
that
time
.
The
Superuisors
for
amendement
of
the
highwayes
,
ought
within
one
moneth
after
any
offence
done
by
any
againste
the
Actes
(
2.
&
3.
Ph.
&
Ma.
ca.
8
:
&
5.
Eli.
ca.
13.
)
present
that
offence
to
the
next
Iustice
of
the
Peace
:
And
there
vpon
he
ought
to
certifie
the
same
at
the
next
Generall
Sessions
within
the
same
Countie
.
El.
ca.
13.
Euerie
Iustice
of
Peace
(
as
it
séemeth
)
within
the
Shires
next
adioyning
to
the
riuer
of
Thamis
,
within
their
seuerall
iurisdiction
,
hath
power
vpon
complaint
made
vnto
him
by
the
Duerséers
and
Rulers
of
the
Whirrymen
and
Waterme
or
two
of
the
,
or
the
maisters
of
any
such
seruaunts
,
both
to
examine
,
heare
,
and
determine
all
offences
committed
against
the
Statute
,
and
to
set
at
large
him
that
shall
bée
imprisoned
,
by
the
ouerséers
&
rulers
,
if
there
bée
iufte
cause
,
and
also
by
his
discreation
to
punishe
the
ouerséers
and
Rulers
,
that
shall
vniustlye
punishe
anye
person
.
2.
&
.
3.
Phi.
&
Mar.
cap.
16.
Euerie
Iustice
of
Pease
(
before
whom
any
person
,
arrested
for
Manflaughter
or
Felome
,
or
suspition
thereof
)
shall
bée
brought
,
ought
(
before
he
committe
him
to
prison
)
to
take
the
examination
of
such
prisoner
,
and
the
information
of
those
that
bring
him
,
and
to
put
the
same
(
or
so
much
thereof
as
shall
bée
materiall
to
proue
the
Felonie
)
in
writing
within
two
dayes
after
,
and
to
take
Bonde
of
all
such
as
doe
declare
any
thyng
material
to
proue
the
offence
,
to
appeare
at
the
nexte
General
Gaole
deliuerie
,
&
to
glu●
euidence
there
against
the
partie
.
2.
&
.
3.
Ph.
&
Mar.
ca.
10.
This
bond
spoken
of
in
this
Statute
,
and
in
some
such
like
,
séemeth
to
bée
met
of
a
Recognusance
,
to
bée
acknowleged
to
the
Queenes
vse
with
Condition
for
the
person
maunce
of
that
,
for
which
the
Statute
appointeth
it
to
be
taken
,
For
(
as
before
hath
bene
saide
)
euen
as
in
the
case
of
Suertie
of
the
Peace
&
Good
Abearing
.
The
partie
therfore
that
informeth
against
the
Prisoner
,
may
be
thus
bound
,
in
a
single
Recognusance
.
MEmorandum
quod
3.
die
Septemb
anno
regni
Dominae
nostrae
Elizabe
.
dei
gratia
&c.
23.
D.
E.
de
Brasted
in
comitatu
praedicto
Yeoman
personaliter
coram
me
Thoma
Potter
,
vno
Insticiariorum
&c.
adpace
&c.
assignatorum
constitutus
apud
Brasted
praedict.
recognoust
se
debere
dictae
Dominae
Reginae
decem
libras
bonae
&
legalis
monetae
Angleae
,
de
bonis
&
catallis
,
terris
&
tenementis
suis
fieri
&
leuari
ad
opus
dictae
Dominae
Reginae
,
haeredum
&
successorum
suoris
,
sidefecerit
in
conditione
subsequenti
.
Th.
P.
And
with
such
a
Condition
.
THe
condicion
of
this
Rccognusanceis
such
that
wheras
one
A.
B.
late
of
C.
labourer
was
this
present
day
brought
before
the
said
Iustice
by
the
aboue
bounde
D.
E.
and
was
by
him
charged
with
the
felonious
taking
of
twenty
sheepe
,
of
him
the
saide
D.
and
therevppon
sent
by
the
saide
Iustice
to
the
Qaeenes
Maiesties
Gaole
:
If
therefore
he
the
saide
D.
shall
and
will
at
the
next
generall
Gaole
deliuerie
(
to
bee
holden
in
the
saide
countie
)
prefer
,
or
cause
to
be
framed
&
preferred
one
bill
of
Inditemente
,
of
the
saide
fellonie
,
against
the
said
A.
B.
and
shal
and
will
then
also
giue
euidence
therin
concerning
the
same
,
aswell
to
the
Iurors
that
shall
then
enquire
of
the
saide
fellonie
,
as
also
to
them
that
shall
passe
vppon
the
Triall
of
the
saide
A.
D.
That
then
&c.
Or
else
&c.
The
Mittimus
of
the
Prisoner
,
after
his
examination
,
may
serue
thus
:
THomas
Potter
,
one
of
the
Iustices
&c.
To
the
keeper
of
the
Queenes
Maiesties
Gaole
at
Maydstone
,
&c.
greeting
.
I
sende
herewithal
,
the
body
of
A.
B.
late
of
C.
Laborer
brought
before
me
this
present
day
,
&
charged
with
the
felonious
taking
oftwentie
sheepe
,
which
also
he
hath
confessed
vpon
his
examination
before
me
.
And
therefore
these
shall
be
on
the
behalfe
of
our
said
souereigue
Ladie
to
commaund
and
charge
you
,
and
euerie
of
you
,
that
you
doe
immediately
receiue
the
saide
A.
B.
&
him
safely
kepe
in
your
said
Gaole
,
vntill
that
he
shall
be
thece
deliuered
by
due
order
of
hir
Maiesties
laws
.
Hereof
faile
you
not
,
as
you
wil
answere
thervnto
at
your
vttermost
perill
.
Yeouen
.
&c.
There
also
you
may
sée
(
if
I
bée
not
deceiued
)
the
time
when
the
examination
of
the
Felon
himselfe
,
was
first
warranted
by
our
Law
.
For
at
the
Common
Lawe
,
his
faulte
was
not
to
bée
wrong
out
of
himself
but
rather
to
be
proued
by
others
.
And
bycause
that
some
Iustices
of
Peace
do
vpon
this
Statute
vse
to
take
the
information
of
the
bringers
of
the
suspected
persons
vpon
their
Oathes
,
and
other
some
doe
receiue
it
without
any
Oath
at
al
:
Let
vs
sée
by
the
way
what
is
wont
to
bée
saide
for
either
side
,
that
a
man
may
the
better
sée
what
way
to
incline
and
follow
.
They
that
take
the
information
,
or
examination
(
for
this
Statute
doth
vse
both
the
wordes
)
without
any
oath
,
do
say
,
that
if
the
makers
of
this
Statute
had
ment
that
an
Oath
shuld
bée
take
,
then
wold
they
haue
expressed
the
same
,
euen
as
the
Statutes
for
Bankcrupts
(
54.
H.
8.
ca.
4
:
&
13.
Eliz.
ca.
7.
)
the
Statute
of
Accomptantes
in
the
Excheaquer
(
5.
R.
2.
ca.
13
)
The
Statute
of
Labourers
(
2.
H.
5.
ca.
4
)
and
the
Statute
of
choosing
Knights
of
the
Parliament
8.
H.
6.
ca.
7.
haue
done
:
in
all
which
Statutes
,
Examination
by
Oath
is
giuen
in
plaine
words
.
But
they
of
the
other
side
seeme
strongly
to
defence
their
exacting
of
the
Oathe
,
by
the
example
of
the
Iustices
of
the
higher
Courtes
,
and
doe
alleage
,
that
whereas
the
Statute
(
5.
H.
4.
ca.
8
)
ordained
(
without
any
mention
of
Oath
)
that
in
Actions
of
Debte
vpon
arrerages
of
accomptes
,
the
Iustices
should
haue
power
to
examine
the
Attorneys
and
others
,
the
Iustices
of
the
Bench
do
vse
in
that
case
to
minister
an
Oath
to
the
examinate
,
as
it
may
appeare
.
19
H.
6.
4
:
&
35.
H.
6.
5
The
like
(
say
they
)
hath
bene
done
in
olde
time
vpon
the
Statute
(
18.
E.
)
that
giueth
the
examination
of
a
woman
couert
in
leuying
of
a
Fine
:
for
(
25.
E.
3.
44.
)
a
woman
couert
,
partie
to
a
Fine
,
was
examined
&
sworne
,
whether
she
were
of
ful
age
,
or
no
:
&
the
like
also
(
as
they
say
)
is
done
daily
,
in
al
the
examinations
of
Summoners
,
Viewers
;
Shirifs
,
Clearkes
,
and
of
other
officers
,
that
doe
happen
in
the
Courtes
at
Westmin
.
And
M
Brooke
.
Tit.
Exami
.
32
is
of
opinion
the
euery
examination
is
vpon
oath
.
And
the
Statute
2.
E.
6.
cap.
13.
that
giueth
power
to
the
Ordinary
to
examine
a
man
for
his
personall
tithe
,
excepteth
an
Oathe
,
as
though
else
he
mighte
haue
done
it
by
exacting
one
.
Besides
this
,
they
adde
a
reason
,
alleadging
,
the
if
these
informers
bee
examined
vpon
Oath
,
then
although
it
should
happe
them
to
die
before
the
Prisoner
haue
his
Triall
,
yet
their
information
may
bée
giue
in
euidence
,
as
a
matter
of
credite
,
whereas
otherwise
it
wold
be
of
little
or
no
weight
at
all
,
&
therby
offéders
shold
the
eassier
escape
vnpunished
.
And
lastlye
(
say
they
)
the
precise
penning
of
some
particular
Statutes
,
is
no
sufficient
warrante
to
vnderstande
all
other
Statutes
accordinglye
,
vnto
whiche
opinion
my selfe
coulde
bée
easily
brought
to
subscribe
.
Thus
mighte
(
and
woulde
)
I
conclude
this
parte
concerning
the
power
of
one
Iustice
,
sauing
onely
that
this
Statute
doeth
giue
me
occasion
to
extende
my
spéeth
a
little
further
.
For
,
whereas
it
requireth
that
the
Iustice
of
Peace
should
in
taking
the
examination
,
make
choise
of
suche
things
as
bée
material
to
proue
the
offence
,
it
séemeth
necessarie
that
he
(
being
perhappes
vnskilfull
in
the
lawes
of
the
lande
)
shoulde
bée
somewhat
instructed
what
actes
those
bée
,
that
doe
amount
to
Manslaughter
or
Felony
ment
within
this
Statute
,
&
what
other
acts
(
though
they
carie
som
reseblance
)
of
the
same
)
yet
do
not
reach
so
far
.
The
Statute
1.
&
2.
Ph.
&
Mar.
cap.
13.
concerning
the
Baylemente
of
prisoners
(
which
gaue
the
occasion
of
the
making
of
this
presente
Acte
)
séemeth
to
distinguishe
Murder
and
other
more
capital
crimes
from
Manslaughter
and
Felonie
.
per
Feloniam
as
the
Statute
at
Marlebridge
.
52.
H.
3.
ca.
25.
doth
fearme
it
.
M
Bracton
)
for
inexpressing
that
Homicidium
corporale
facto
committitur
quatuor
modis
s
.
Iusticia
,
And
therefore
neither
is
the
Iudge
that
by
Iustice
condemneth
the
guiltie
to
death
,
and
commaundeth
the
minister
to
do
execution
,
nor
the
lawful
Officer
that
executeth
the
iuste
commandement
according
to
his
warrant
,
guiltie
of
any
offence
,
for
which
vpon
examination
either
of
them
ought
to
bée
committed
to
prison
.
But
if
the
Officer
wil
behead
or
otherwise
execute
him
that
is
condemned
to
bée
hanged
,
or
if
a
priuate
man
without
warrant
whyll
hang
or
kill
such
a
condemned
or
outlawed
person
,
this
will
bée
a
Felonious
acte
stretthing
to
Murder
,
by
good
opinion
35.
H.
6.
58
:
&
27.
lib.
Ass.
Pl.
41.
And
though
the
law
hath
bene
taken
heretofore
,
the
one
might
iustifie
the
killing
of
a
man
attained
vpon
a
Premunire
,
yet
now
the
same
being
prohibited
by
5.
El.
ca.
1.
if
one
that
hath
killed
such
a
person
were
broughte
before
a
Iustice
of
Peace
,
he
might
boldly
committe
him
as
a
Felon
.
In
the
seconde
sorte
of
Manslaughter
(
according
to
M.
Bracton
)
as
there
be
manny
differences
,
so
is
the
law
also
diuerse
in
the
consideration
of
them
.
For
if
a
Iustice
of
the
Peace
within
his
Countie
,
or
Maior
,
Bayliffe
,
or
other
heade
Officer
of
any
Citie
or
Towne
Corporate
,
within
the
same
towne
or
Citie
,
or
any
other
,
hauing
the
Quéenes
Commission
or
letters
,
doe
lawfully
vpon
good
cause
raise
or
assemble
any
number
of
men
for
the
suppressing
of
any
such
persons
,
as
shall
bée
vnlawfully
assembled
contrarie
to
the
Statute
.
1.
Mar.
Parl.
1.
ca.
12
And
by
reson
of
their
still
continuing
together
after
proclamation
made
,
bée
driuen
to
set
vppon
them
,
and
therby
anye
of
the
stubburne
persons
bée
slain
.
This
slaughter
done
vpon
this
Necessitie
is
so
iustifiable
both
in
the
Iustice
himselfe
&
euery
other
of
his
company
,
that
they
ought
not
in
any
maner
to
be
molested
for
it
.
1.
Mar.
Parl.
1.
ca.
12.
So
if
the
Shirife
or
any
other
do
by
warrant
or
vpon
hue
and
crie
made
,
arrest
one
indited
of
Felony
,
which
doth
resist
&
is
slain
therby
.
This
fact
done
vpon
this
Necessitie
is
Iustifiable
22.
Lib.
Ass.
P.
55.
&
Tit.
Coron.
Fitz.
288.
289.
290.
For
all
these
former
cases
tend
to
the
commendable
aduauncement
of
Law
and
Iustice
.
By
the
olde
Statue
.
21.
E.
1.
De
Malefactoribus
in
parcis
&c.
If
any
Forester
,
Parker
,
or
Warrener
,
or
such
as
bée
in
their
companye
(
after
hue
and
crie
made
vpon
offenders
within
their
charge
to
yeelde
themselues
,
whiche
they
refusce
to
doe
but
flie
and
make
resistaunce
)
doe
(
not
hauing
any
malice
prepensed
)
kill
anye
of
them
,
this
is
no
Felonie
,
nor
the
partie
to
bée
imprisoned
or
to
forfeit
any
thing
for
it
.
So
if
prisoners
doe
assaulte
their
kéeper
,
and
in
his
defence
he
striketh
anye
of
them
to
the
death
.
22
lib.
Ass
P.
55.
And
so
it
is
if
any
do
attempt
to
robbe
or
murder
one
in
his
mansion
house
or
dwelling
place
,
or
nighe
any
common
highway
,
Carteway
,
horsewaye
,
or
footewaye
,
or
Feloniously
to
breake
into
his
dwelling
house
in
the
night
time
,
and
in
this
their
attempt
,
the
partie
or
his
seruauntes
then
with
him
do
kil
any
of
the
misdoers
(
though
the
law
was
somewhat
doubtful
before
)
it
is
now
made
out
of
question
by
the
Statute
24.
H.
8.
C.
5.
the
hée
shall
not
forfeit
anything
for
that
facte
,
but
shal
go
.
quit
For
in
these
cases
of
Necessitie
he
defendeth
himself
and
his
goods
againste
Kobbers
and
other
notorious
euil
doers
.
But
he
the
in
an
Astray
is
of
necessitie
driuen
to
kill
the
other
in
defence
of
his
owne
life
,
after
that
he
hath
fled
as
farre
as
he
can
,
Is
not
so
priuileged
,
for
although
it
bee
not
accounted
Felonie
yet
Statute
of
Gloue
.
cap.
9
:
willeth
that
suche
an
one
be
imprisoned
til
the
comming
of
the
Iustices
of
Gaole
deliuerie
,
and
there
(
putting
himselfe
vppon
God
and
the
Countrey
)
the
whole
matter
is
to
bee
found
by
the
verdite
.
And
then
the
king
shall
graunt
him
a
pardon
of
Course
,
but
hee
shall
forfeite
all
his
goods
43.
lib.
Ass.
Pl.
3.
for
hauing
killed
the
Kings
lawful
subiect
.
And
therefore
the
Iustice
of
Peace
,
may
wel
vnder
the
name
of
Manslaughter
in
this
Statute
take
vpon
him
(
as
I
thinke
)
to
committe
suche
an
offender
and
to
take
eramination
and
bonde
of
the
informers
according
to
the
Statute
.
The
like
is
to
be
done
(
as
it
seemeth
to
me
)
in
case
one
kill
an
other
by
misaduenture
against
his
wil
,
as
by
casting
a
stone
,
or
shooting
an
arrow
,
or
felling
of
atree
vnaduisedly
,
or
such
like
11.
H.
7.
23.
That
Manslaughter
which
is
committed
with
an
euill
intente
,
or
in
doing
an
other
vnlawful
or
euil
thing
,
though
that
whiche
is
done
was
not
premeditate
,
is
doubtlesse
within
the
words
and
meaning
of
this
Statute
.
For
,
if
two
do
sodainly
fall
out
,
and
thervpon
draw
their
weapons
,
and
one
killeth
the
other
,
this
is
Manslaughter
apparantly
within
the
compasse
of
this
Lawe
.
So
if
one
be
in
the
company
of
him
that
of
malice
prepensed
setteth
vpon
another
to
murder
him
,
and
doth
of
a
fodaine
take
the
murderers
part
,
so
that
the
other
partie
is
slaine
,
this
is
Manslaughter
in
him
according
as
the
word
is
commonly
understoode
.
And
so
is
it
if
two
play
at
fence
,
or
runne
at
the
Eilte
togither
,
and
one
of
them
bee
slaine
:
For
their
first
Acte
was
unlawfull
,
vnlesse
it
had
beene
by
the
Queenes
licence
,
saith
Fineux
.
11.
H
7.
23.
And
if
A
doth
assult
B.
and
striketh
him
,
and
whilest
B.
defendeth
himselfe
,
C.
commeth
to
parte
them
,
and
is
slaine
by
A.
this
is
Felonie
in
A.
But
if
they
both
hadde
appointed
the
place
of
purpose
,
to
méete
there
,
to
fight
one
with
the
other
,
and
C.
were
slaine
in
seeking
to
appease
them
,
then
wil
it
be
Felonie
in
both
the
other
.
22.
E.
3.
Coro
.
Fitzh.
262
and
in
Dalizons
reportes
.
If
the
mother
destroy
hir
childe
newely
borne
,
this
is
Felonie
of
the
death
of
a
man
,
thougt
the
child
haue
no
name
,
nor
be
bapfized
Coron.
Fitzh.
418.
And
the
Iustice
of
Peace
may
deale
accordingly
.
But
if
a
childe
be
destroyed
in
the
mothers
belly
,
is
no
manslayer
nor
Felone
to
be
imprisoned
vpon
this
Statute
,
Coron.
Fitz.
146.
&
263.
The
husband
minding
to
make
away
his
wife
,
did
by
the
aduise
of
B
offer
hir
a
poysoned
Apple
to
eate
,
&
the
not
misfrusting
any
thing
,
gaue
the
same
to
hir
litle
daughter
that
stoode
by
in
the
presence
of
hir
husbande
,
which
childe
he
loued
well
ynough
:
that
child
died
thereof
.
And
this
was
adiudged
Murder
in
the
husbande
,
because
he
offred
the
poyson
,
&
then
had
a
wicked
intet
to
kil
on
s
therewith
,
&
he
was
the
originall
occasion
of
this
death
:
But
no
offence
at
al
in
the
wife
,
for
the
was
btterly
ignorant
of
the
euill
,
&
simply
gaue
it
hir
childe
,
taking
it
to
haue
bin
very
good
meate
.
18.
El.
Plow
.
Com.
474.
And
if
a
man
lay
poyson
for
Kats
,
&
an
other
taketh
it
at
vnwares
,
and
dyeth
thereof
,
this
is
not
any
wayes
to
bée
layed
to
the
others
charge
,
ibid.
If
a
mad
man
or
a
naturall
foole
,
or
a
lunatike
in
the
time
of
his
lunacie
,
or
a
childe
the
apparantly
hath
no
knowledge
of
good
nor
euil
,
do
kil
a
man
,
this
is
no
selonious
acte
,
nor
any
thing
forfeited
by
it
.
21.
H.
7.
31.
&
3.
H.
7.
1.
for
they
cannot
be
said
to
haue
any
vnderstanding
wil.
But
if
vpon
examination
it
fal
out
,
the
they
knew
what
they
did
,
&
the
it
was
ill
,
the
seemeth
it
to
be
otherwise
.
If
it
appeare
,
that
the
partie
woanded
or
poysoned
liued
a
yeare
and
a
daye
after
the
facte
,
then
is
it
too
late
for
the
Iustice
of
Peacs
to
commit
the
offendor
to
prison
,
for
then
it
cannot
be
though
,
that
he
died
by
the
meanes
,
as
it
sémeth
Cor.
Fitz.
303.
But
it
is
plaine
by
3.
H.
7.
cap.
1.
That
if
any
man
be
wounded
in
perill
of
death
,
the
trespassor
ought
to
be
arrested
,
&
put
in
safe
képing
till
perfecte
knowledge
be
had
,
whether
the
party
wounded
wil
liue
or
dies
&
vpon
such
matter
within
the
yeare
and
day
,
the
Iustice
of
Peace
shal
do
wel
to
commit
him
.
But
this
is
a
general
learning
in
al
cases
of
Murder
or
Manslaughter
,
the
the
party
hurt
,
must
be
dead
in
fruth
before
it
be
in
iudgement
of
Lawe
faken
to
be
either
of
those
offences
:
for
Voluntas
at
this
day
is
not
construed
for
the
déede
it self
,
as
in
time
past
it
hath
bin
put
in
vre
.
Hitherto
of
Manslaughter
,
the
dealeth
only
with
the
Perso
:
other
Felonies
stretch
to
goods
also
as
Robbery
the
had
the
name
at
the
first
of
Robe
,
because
he
the
with
force
spoiled
a
man
,
toke
his
robes
or
goods
from
him
.
And
if
a
man
without
any
title
take
my
goodes
againste
my
will
lying
in
a
place
where
I
am
present
,
or
do
manace
to
kyll
me
if
I
giue
him
not
my
purse
,
by
meanes
whereof
I
deliuer
it
vnto
him
,
it
is
Robberie
.
Coron.
Fitzh.
178
and
115.
So
,
if
Théues
assaulte
me
in
the
highe
way
for
my
purse
,
and
I
cast
it
downe
into
a
Bush
,
(
as
I
flie
from
them
)
of
purpose
to
saue
it
,
and
they
take
it
up
.
Certaine
persons
tooke
a
man
,
and
compelled
him
(
by
manace
of
killing
)
to
sweare
vppon
a
Booke
,
to
bring
them
certaine
money
,
and
therevpon
he
brought
it
them
:
this
was
taken
to
be
Robberie
.
44.
E.
3.
14
But
if
a
man
lie
in
awaite
to
robbe
me
in
the
high
way
,
and
draweth
his
sword
vpon
me
,
willing
me
to
deliuer
my
purse
,
and
I
defends
my selfe
,
so
as
he
hath
not
his
wil
,
or
I
take
him
either
by
fight
,
or
by
hue
&
crie
,
it
is
not
now
take
to
be
any
Felonie
saith
Stamford
,
because
he
hathe
not
taken
anye
thing
from
me
:
and
so
is
ther
an
opinion
.
9.
E.
4.
26.
But
the
Lawe
was
holden
to
be
otherwise
.
27.
Ass.
Pl
28.
&
13.
E.
4.
7.
And
now
seing
the
benefite
of
Clergie
is
taken
away
from
Pickpurses
,
and
Cutpurses
,
by
8.
Elizab.
ca.
4.
let
them
also
stand
in
this
rancke
.
A
Burglour
,
whome
Britton
calleth
a
Burgessor
,
that
by
night
breaketh
into
a
house
(
Wyth
intent
to
Robbe
,
kill
,
or
doe
other
Felonie
)
though
he
cary
nothing
away
,
is
a
Felone
,
22.
Assi
.
P.
95
:
&
27.
Assi
.
P.
38.
So
if
he
do
but
breake
open
the
house
feloniously
by
night
,
though
he
enter
not
in
,
(
sayeth
Staf.
Fo.
30.
)
But
if
this
be
done
by
day
it
is
not
taken
to
be
Felony
at
this
day
without
some
further
felonious
acte
done
(
sayth
he
)
yet
the
Booke
Tie
.
Coron.
Fitzh.
178.
&
185.
do
not
make
any
difference
.
1.
E.
6.
ca.
12.
taketh
awaye
Clergie
and
Sanctuarie
,
in
case
where
one
is
conuicte
or
attainted
of
Breaking
any
house
by
day
or
by
night
,
where
anye
person
being
in
the
same
,
shall
be
thereby
put
in
feare
(
not
speaking
king
of
any
other
fact
.
)
And
Britton
defineth
a
Burgeslour
to
be
he
that
feloniously
in
the
time
of
peace
breaketh
open
Churches
,
or
other
house
or
the
walles
or
gates
of
Cities
or
Burghs
,
whereof
perhappes
they
had
their
first
name
,
or
rather
may
be
deriued
of
Bowre
that
is
a
Chamber
,
or
inner
rouine
,
and
Laron
a
Théfe
.
Burning
of
a
house
malitiously
and
wilfully
,
was
Felonie
at
the
common
Lawe
,
as
appéreth
by
Bracton
,
West
.
1.
ca.
15
:
10.
E.
4.
14
:
&
3
H.
7.
10.
Brit.
(
Fol.
16.
)
sayth
,
that
such
as
burne
houses
or
corne
feloniously
,
ought
to
be
burned
.
And
one
burned
a
barn
felon
:
ously
by
night
which
was
adioyning
to
a
house
:
and
it
was
holden
Felonie
at
the
Common
Law
.
11
H
7.
1.
And
if
a
mans
wicked
intent
were
onelie
to
burne
the
house
of
A.
and
thereby
the
house
of
B.
is
also
burned
,
the
burning
of
this
laste
house
is
Felonie
,
because
it
ensueth
of
the
fire
that
was
firste
kindled
,
Plowed
.
Com.
475.
Dther
Felonies
there
be
of
Goods
onely
,
called
Larcinie
of
the
Latine
worde
Latrocinium
,
and
it
is
punishable
eyther
by
beath
or
by
discretion
of
the
Iustices
,
which
difference
groweth
by
the
value
of
the
thing
stolen
:
for
if
it
ercéde
not
twelue
pence
,
the
fact
is
but
Petit
Larcinic
,
and
the
offendor
is
not
to
die
for
it
,
W.
1.
ca
15.
Britton
F.
22.
Cor.
Fitz.
404
406.
although
the
Inditement
shal
suppose
the
facte
to
be
done
Felonicè
as
in
the
case
of
Mayheme
.
27.
H.
8.
22.
But
it
sémeth
by
8.
E.
2.
Coron.
Fitzh.
415.
that
if
he
be
conuide
of
one
petite
Larcinie
,
and
after
committeth
an
other
,
and
is
conuicte
thereof
,
and
so
a
third
,
when
all
these
valued
togither
,
do
amount
about
ru
.
pence
,
the
for
the
last
he
shal
suffer
death
,
&
Brit
maketh
the
third
offence
alwayes
death
.
And
if
diuers
ioine
in
the
stealing
of
goods
,
any
thing
amounting
aboue
the
value
of
twelue
pence
,
it
is
Felonic
punishable
by
death
in
them
all
Coron.
404
Bracton
destneth
Furtum
to
bée
Contractatio
re●al●ens
fraudnlents
,
animo
surandi
,
inuito
ilbo
,
cuires
illa
fuerit
.
The
wife
therefore
can
not
the
be
accounted
a
Felone
,
though
she
steale
the
goods
of
hir
husband
21.
H.
6.
Coron.
Fitz.
456.
And
if
shée
steale
an
other
mans
goodes
by
the
compulsion
of
hir
busbande
,
it
is
no
Felonic
in
hir
27.
Ass.
Pl.
40.
But
if
she
doe
it
at
his
commaunbement
onelie
,
Bracton
saith
it
shall
not
ercuse
hir
.
And
the
wife
may
of
hir self
commit
Larcinie
,
and
shall
suffer
for
it
Coron.
383.
In
some
case
a
man
may
be
banged
for
taking
his
owne
goodes
,
as
if
he
first
deliuer
them
to
one
,
to
kepe
,
and
craftily
of
purpose
to
charge
him
,
he
stealeth
them
from
hym
,
this
is
Felonie
,
by
7.
H.
6.
43.
13.
E.
4.
10.
&
5.
H.
7.
18.
If
a
man
steale
out
of
an
〈◊〉
manne●
ground
,
wilde
beastes
whych
be
accompted
Nullius
in
bonis
,
as
Déere
,
Conies
,
Phesants
,
or
Doues
,
being
abroade
at
their
libertic
,
or
Fish
in
a
riuer
,
this
is
no
Felonte
,
22.
Ass.
Pl.
95.
But
if
he
take
yong
Pigeons
in
the
house
,
or
yong
Boshauks
the
cannot
flie
out
of
their
ayrie
,
or
fishe
out
of
a
pond
or
truncke
,
it
is
Felonie
.
18.
4.
8.
To
steale
Béese
,
Foockes
,
Dennes
,
Peacocks
,
or
Turkies
,
is
Felome
,
for
they
b●●
accounted
in
bonis
.
So
is
it
of
a
tame
Déere
,
if
the
stealer
knewe
it
to
be
tame
:
and
also
the
fleshe
of
any
Déere
that
is
killed
by
an
other
,
the
taking
away
of
such
a
thing
with
a
felonious
imtent
,
is
Felonie
for
they
be
also
then
reckoned
in
bonis
and
baluable
.
But
so
to
take
away
a
Bore
with
Charters
of
lande
in
it
,
or
a
Warde
,
is
no
Felonie
,
for
they
be
not
personall
,
but
reall
goodes
,
whereof
there
can
be
no
Felonie
committed
.
10.
E.
4.
15.
And
therefore
alse
,
if
with
a
felonious
intent
one
cutte
down
and
steale
away
a
trée
,
or
corne
that
is
standing
,
or
robbe
an
D●chard
of
the
fruit
growing
there
,
it
is
no
Felonie
being
at
that
time
in
manner
parcell
of
the
ground
,
whereof
there
can
be
no
Felonie
committed
:
but
if
the
trée
or
corne
were
cutte
downe
,
or
the
fruit
gathered
before
by
an
other
,
and
lefte
there
,
and
then
one
stealeth
them
,
it
is
Felonie
,
for
at
that
time
they
were
very
personall
Cattels
,
18.
H
8.
2
:
&
Coron.
Fitzh.
119.
&
256.
If
a
man
clippe
the
wooll
from
my
shéeps
backe
,
or
doe
kill
my
shéepe
,
and
steale
the
skinnes
,
leauing
the
bodies
behinde
,
this
is
Felonie
of
goods
,
Dalizon
.
For
the
verye
shéepe
themselues
were
my
goodes
,
&
might
be
stollen
.
But
the
firste
finder
and
concealor
of
tresure
founde
,
●lthough
he
kéepe
it
wyth
a
felonious
intent
,
or
he
that
stealeth
a
wrecke
of
the
Sea
,
or
waued
goodes
,
whilest
they
bée
in
that
nature
,
séemeth
not
to
bée
chargeable
in
Felonie
,
by
22
Ass.
Pl.
99.
because
the
owner
thereof
is
not
knowen
as
yet
.
If
a
man
deliuer
his
goodes
to
another
to
kéepe
,
and
hée
doe
fraudulenfly
and
wilsully
consume
them
or
conuerte
them
to
hys
owne
vse
,
this
is
no
Felonie
,
because
prima
contractatio
,
and
firste
possession
was
not
inuito
domino
,
but
of
his
owne
deliuerie
.
13
E.
4.
10.
And
yet
it
is
holden
,
if
I
bargaine
with
one
to
carry
certaine
bales
of
Woade
to
Crambrooke
,
and
he
carrteth
them
to
Canterburie
,
and
breaketh
the
Bales
,
and
taketh
out
the
Woade
,
&
conuerteth
it
to
his
own
vse
,
that
is
Felonie
.
So
if
I
deliuer
a
●un
of
Wine
to
him
to
carry
,
and
he
taketh
the
Wine
out
of
the
●unne
,
it
is
Felonie
.
For
here
it
may
be
saide
,
that
neyther
the
verie
Woad
,
nor
the
Wine
were
deliuered
hym
in
that
kinde
.
But
if
he
sell
the
●unne
of
Wine
,
or
the
Bailes
of
Woad
togither
,
as
he
receiued
them
,
then
is
it
no
Felonie
,
because
he
had
them
in
that
sorte
of
the
deliuerie
of
the
owner
13.
E.
4.
9.
&
10.
But
if
an
Inkéeper
sct
a
péece
of
plate
before
his
guest
to
drinke
in
,
and
hée
carryeth
it
away
with
him
,
this
is
Felonie
.
For
here
the
guest
had
no
possession
by
the
owner
,
but
onelie
the
vse
of
the
thing
13.
E.
4.
9.
So
is
it
the
guest
do
steale
the
shéets
in
which
he
lyeth
,
and
be
taken
ere
he
goeth
out
of
the
house
,
as
in
the
Dall
,
after
that
he
is
come
out
of
the
Chamber
,
Coron.
Fit
.
204.
&
Dalizon
.
If
a
shepheard
steale
the
shéepe
,
or
a
Butler
the
Plate
,
or
an
other
manne
any
other
thing
that
is
in
his
charge
and
kéeping
,
it
séemeth
by
the
Iustices
(
3.
H
7.
12.
)
that
it
shoulde
not
be
Felonie
,
vppon
the
former
reason
,
whiche
séemeth
to
haue
bene
the
antient
lawe
of
the
lande
also
.
For
Glanuill
in
his
10.
Booke
cap.
13.
sayth
,
Qnod
Furtum
non
est
,
vbi
initium
habueru
su●detencionis
per
dominn
rei
.
But
because
in
some
of
these
cases
of
Seruants
,
there
grew
much
inconuenience
vnto
Maisters
,
therfore
21.
H.
8
ca.
7.
made
it
Felonie
,
if
Seruants
of
the
age
of
eighteene
yeares
that
had
anye
goodes
of
their
Maisters
deliuerie
to
kéepe
to
their
vse
,
shoulde
fraudulently
conuert
the
same
to
their
owne
vses
,
to
the
intente
to
steale
them
,
if
it
amounted
aboue
to
the
valewe
of
fortie
shillings
,
wherein
Apprentices
be
excepted
.
And
this
statute
being
afterwarde
discontinued
,
was
reuiued
5.
Elizab.
cap.
10.
whereof
more
shal
be
séene
when
wée
come
to
the
charge
.
But
thus
much
for
this
place
and
purpose
,
to
giue
some
little
direction
to
the
Iustice
of
Peace
,
)
may
at
thys
tyme
suffise
.
What
things
any
twoo
Iustices
of
the
Peace
may
doe
out
of
the
Sessions
.
CAP.
XXII
.
THe
auctoritie
and
power
of
one
Iustice
of
the
Peace
(
without
the
Sessions
)
thus
perused
&
passed
ouer
,
let
vs
eramine
the
like
power
of
twoo
,
boshe
in
generalitie
,
and
in
particular
.
It
is
vniuersally
true
,
the
whatsoeuer
thing
one
Iustice
of
the
Peare
alone
is
permitted
so
doe
,
eyther
for
the
conseruasion
of
the
Peace
,
or
in
the
execution
of
the
Commission
or
Statutes
,
the
fame
also
may
bée
no
lesse
lawfully
performed
by
two
(
or
mo
)
Iustices
,
except
it
bee
in
a
very
fewe
cases
,
where
some
Statutes
do
séeme
specially
to
appropriate
the
execution
thereof
to
some
one
certaine
Iustice
,
eyther
in
respede
that
he
is
Next
to
the
place
,
Eldest
of
the
Quorum
,
or
such
like
.
But
we
will
proceede
by
particularities
,
The
power
of
twoo
Iusticcs
of
the
Peace
,
in
punishing
os
Riots
,
&c.
and
because
the
first
place
(
of
right
)
belongeth
to
the
Peace
,
(
as
where
in
the
office
of
this
Iusticer
chiefly
consisseth
)
lette
us
here
supply
in
two
Iustices
that
power
in
punishing
Riots
,
Routs
,
and
vnlawsull
Aisemblies
,
whyche
wée
sayde
before
to
bée
wanting
in
one
:
And
that
shall
wée
the
better
doe
,
if
wée
firste
of
al
lay
open
the
Statute
of
King
Henry
the
fourth
,
contayning
a
moste
ample
auctoritie
,
as
well
for
the
repressing
,
as
for
the
Recording
of
the
same
,
and
then
adioyne
somewhat
out
of
some
other
Statutes
.
IF
any
Riot
,
Assemblie
,
or
Rout
of
people
againste
the
lawe
be
made
,
the
Iustices
of
Peace
or
3.
or
2.
(
at
the
least
)
of
them
,
dwelling
most
highest
to
the
place
,
&
the
Shirif
(
or
Vndershirif
)
of
the
Countie
,
shal
come
with
the
power
of
the
Countie
(
if
neede
be
)
to
arest
them
,
and
shall
arrest
them
,
&
shal
haue
power
to
record
that
which
they
shall
find
so
done
in
their
prefencc
against
the
law
:
And
by
that
Record
such
offendors
shall
be
conuicted
in
maner
and
fourme
as
is
conteined
in
the
Statute
of
Forcible
entries
,
(
viz.
15.
R2
.
c2
,
)
And
if
such
trespassers
be
departed
before
their
coming
,
then
these
Iustices
of
Peace
,
or
thre
,
or
two
of
them
,
shall
diligently
enquire
within
a
moneth
after
such
Riot
,
Assemblie
,
or
Reut
made
:
and
therof
shall
heare
and
determine
according
to
the
lawe
of
the
lande
:
and
if
the
trueth
may
not
be
found
in
the
maner
as
aforsaid
,
then
with
in
a
month
then
next
following
the
said
Iustices
and
Shirif
(
or
vndershirif
)
shal
certifie
before
the
King
&
his
Councel
all
the
dedes
&
circumstances
therof
,
which
Certificate
shall
be
of
like
force
as
the
verdit
of
twelue
men
&c
,
And
if
such
offendors
do
trauerse
the
matter
so
certified
,
then
the
Ccrtificat
and
Trauerfe
shall
be
sent
into
the
Kings
Bench
to
be
tried
&
determined
as
law
requireth
.
And
that
the
same
Iustices
and
Shirife
shall
doe
execution
of
this
Statute
,
euery
one
vpon
paine
of
one
hundred
pound
,
to
be
payed
to
the
King
,
as
ofte
as
they
shall
bee
founde
in
defaulte
.
13.
H.
4.
cap
7.
Whereunto
the
Statute
(
19.
H.
7.
)
addeth
that
it
the
saide
Riotte
,
Hereunto
also
the
Statue
(
2.
H.
5.
)
adioyneth
further
,
that
the
Kings
liege
people
(
beeing
sufficient
to
trauaile
)
shall
bee
assistant
to
these
Iustices
,
Shirife
(
or
Vndershirife
)
when
they
shall
bee
reasonably
warned
,
to
ryde
wyth
them
in
aide
to
resiste
suche
Riots
,
Routs
and
assemblies
,
vppon
payne
of
imprisonment
,
and
to
make
fine
and
ransome
to
the
King
.
Prouided
alwayes
that
the
saide
Iustices
,
Shirife
(
or
Vndershirife
)
shall
doe
their
sayde
offices
at
the
Kings
costes
,
in
going
,
tarrying
,
and
retourning
,
by
payment
thereof
to
bee
made
by
the
Shirife
by
Indenture
betweene
him
and
them
,
of
the
sayde
payment
.
Nowe
,
if
it
bee
witnessed
by
twoo
Iustices
of
the
Peace
,
and
the
Shirife
,
by
Letters
vnder
their
Scales
,
to
the
Lord
Chauncelour
of
Englande
,
that
any
murders
,
manslaughters
,
batteries
,
robberies
,
assemblies
of
people
in
great
number
in
maner
of
Insurrection
,
or
other
rebellious
Riots
,
haue
bene
done
and
that
suche
offendours
haue
withdrawen
themselues
,
to
the
intent
to
auoide
the
execution
of
the
common
Law
,
then
the
Lord
Chauncelour
may
make
a
Writte
of
Capias
,
and
therevpon
(
if
neede
be
)
a
Proclamation
,
&c.
2.
H.
5.
cap.
9.
8.
H.
6.
and
made
prepetuall
:
which
moreouer
ordayneth
,
that
(
beefore
thys
Writ
of
Capias
shall
bee
awarded
)
two
Iustices
of
the
Peace
,
and
the
Shirife
of
the
Shire
,
where
such
Riot
is
supposed
,
ought
to
witnesse
,
that
the
common
voice
and
fame
runneth
in
the
said
Countie
,
of
the
same
Riots
.
8.
H.
6.
ca.
14.
The
Letter
(
or
Text
)
of
these
Lawes
,
béeing
thus
laide
downe
,
lette
vs
also
sée
what
exposition
and
helpe
M.
Marrow
and
others
doe
bring
to
some
partes
thereof
,
namely
,
to
that
of
king
Henry
the
fourth
.
Vnder
the
wordes
,
Power
of
the
Countie
,
the
Iustices
,
Shirife
,
or
Vndershirife
,
oughte
to
haue
the
aide
and
attendaunce
of
knightes
,
and
of
all
maner
of
Gentlement
,
yeomen
,
Labourers
,
Seruauntes
,
Apprentises
,
and
Willaines
.
And
so
likewise
of
Infants
,
that
bée
aboue
fiftéene
yeares
of
age
.
For
all
of
that
age
were
boude
to
haue
harnesse
by
the
Statute
of
Winchester
.
But
women
,
men
entred
into
the
ministerie
,
and
such
as
bée
decrepite
,
or
doe
labour
of
anye
continuall
infirmitie
,
shall
not
bée
compelled
to
affende
.
And
it
resteth
in
the
discreattion
of
the
Iustices
and
Shirife
or
Vndershirife
.
Now
many
,
or
how
fewe
,
they
wil
haue
to
assist
them
,
in
making
the
arrest
.
But
yet
after
such
arrest
made
,
the
Power
of
that
countie
,
is
bounde
to
goe
with
the
Shirife
to
the
Gaole
to
aide
him
thither
also
:
whiche
is
otherwise
in
the
case
of
a
Felon
taken
by
Hue
and
Cry
,
for
there
when
the
Countrie
hath
deliuered
him
that
Shirife
,
they
are
discharged
,
Mar.
This
auctoritie
of
assembling
the
power
of
the
countie
,
and
of
arresting
&
imprisoning
Riotters
til
due
execution
of
law
were
done
vpon
them
,
was
once
before
this
time
(
namely
2.
R.
2.
6.
)
committed
to
some
,
&
was
by
&
by
after
resumed
in
the
same
yeare
of
the
same
kings
raigne
,
as
a
thing
too
gréuous
to
be
suffered
,
that
any
man
should
be
imprisoned
without
an
Inditement
(
or
Sine
leg
ali
indicio
parium
suoruns
as
magna
Carta
speaketh
)
first
had
against
him
.
But
nowe
,
if
information
bée
made
to
two
Iustices
of
the
Peace
,
that
certain
persons
bée
riotously
assemb;ed
at
Dale
,
and
they
(
assisted
wyth
the
Shirife
or
Vndershirife
)
doe
gather
people
to
suppresse
it
,
and
when
they
come
to
the
place
,
they
finde
no
Riote
there
,
yet
are
they
excusable
for
the
assemblie
of
Power
made
by
them
,
because
they
did
it
vpon
information
.
And
if
they
do
it
without
information
,
and
find
a
Riot
indéede
when
they
come
,
then
shall
they
not
onelie
bée
ercused
for
making
suche
assemblie
of
their
owne
heads
,
but
may
also
lawfully
procéed
to
punish
the
offendors
.
Fitz
17.
And
that
punishment
muste
be
grounded
either
vpon
their
Recorde
of
the
thing
done
in
their
owne
presence
,
or
else
by
enquirie
vpon
the
oath
of
other
men
.
And
therefore
if
two
Iustices
of
the
Peace
(
assisted
with
the
Shirife
or
Vndershirife
do
sée
a
Riotte
,
they
may
command
the
Riottors
to
be
arrested
,
&
and
the
parties
shall
bée
so
concluded
thereby
the
they
shal
neuer
be
receiued
to
Trauerse
(
or
deny
)
it
:
But
otherwise
it
is
,
if
they
do
not
sée
it
themselues
14.
H.
7.
(
as
M.
Fitz.
Tit.
Iustice
del
peace
9.
reporteth
)
who
saith
moreouer
(
in
his
booke
of
Iustices
of
the
peace
,
Fo.
18.
)
that
if
they
doe
so
recorde
a
Riote
,
as
though
they
had
séene
it
,
the
parties
shall
bée
stopped
thereby
,
although
there
were
neuer
any
such
Riot
by
them
committed
:
for
(
saith
he
)
the
view
of
a
Riot
,
is
neuer
to
be
trauersed
.
Likewise
,
if
the
Iustices
of
Peace
bée
disturbed
by
Riotors
in
comming
to
their
Sessions
,
they
may
(
without
any
Inquirie
)
make
their
record
of
it
Fitz.
17
:
&
7.
E.
4.
18.
Recording
of
the
Riot
The
Record
which
these
Iustices
ought
to
make
,
must
bée
by
writting
,
and
muste
remaine
with
the
one
of
them
:
and
the
●
and
none
other
Iustices
)
ought
to
impri●●n
the
Riotors
,
and
to
assesse
their
fine
,
&
cause
the
same
to
be
estreated
into
the
Escheaquer
.
If
they
sée
the
Riot
,
&
the
Riotors
escape
,
yet
they
ought
to
Record
it
:
but
then
they
cannot
arrest
the
Riotors
at
another
time
,
neither
can
they
make
any
Processe
upon
that
Record
,
neither
ought
it
to
be
kept
amongst
the
Records
of
the
Peace
but
it
must
be
sent
into
the
Kings
Bench
,
that
processe
may
be
there
made
vpon
it
.
And
in
the
case
the
parties
are
not
to
be
admitted
to
their
Trauerse
there
,
but
must
of
necessity
make
fine
for
it
.
If
these
Iustices
come
to
sée
one
Riotte
,
and
another
Riotte
is
made
in
their
presere
,
they
may
Recorde
that
.
So
if
the
Iustices
&
the
Shirife
,
or
Vndershirife
be
assembled
at
a
place
for
an
Arbitrement
,
or
such
other
pris
uate
cause
,
and
a
Riotte
appeareth
to
bée
comitted
in
their
presenc
,
they
may
Recorde
it
also
.
But
if
the
Riottours
(
séeing
them
comming
)
do
flie
into
another
Countie
,
and
doe
committe
a
Riotte
there
,
these
Iustices
can
not
Recorde
that
Riotte
.
If
the
Riottours
make
a
Riotte
vpon
the
Iustices
and
Shirife
that
do
come
of
putpose
to
arrest
them
,
they
may
Recorde
that
.
And
it
séemth
that
they
may
like
wife
do
so
(
though
M
Marrow
denyedit
)
if
they
come
for
an
other
cause
and
such
a
Riotte
bée
done
vpon
them
.
If
a
man
be
slain
in
the
Riot
,
or
Maymed
,
or
if
Rescous
bée
done
to
an
officer
,
the
Record
must
be
,
Riotosè
occidit
,
or
Riatosè
Maybemauit
,
or
Riotosè
rescussit
,
&
not
Felonicé
nor
simply
Rescussit
:
for
their
polver
in
this
case
is
restrayned
to
the
Riot
only
,
&
therfore
the
parties
may
(
not
withstādoing
their
Recorde
)
plcade
not
guilty
,
to
the
Felonie
,
or
Refcous
,
though
not
to
the
Riot
it self
.
If
they
make
a
Recorde
of
a
Riotte
,
&
doe
imprison
the
partie
till
he
haue
made
Fine
,
and
it
do
after
ward
appeare
by
the
Recorde
it selfe
,
that
the
Acte
which
they
recorded
is
no
Riot
,
yet
be
the
parties
without
remedy
.
and
if
a
man
bée
bound
to
the
Peace
,
&
such
a
Recorde
of
a
Riotte
is
after
wardes
made
against
him
,
and
others
,
hée
shall
not
iustifie
,
nor
pleade
,
not
guiltie
,
in
a
Scire
facias
,
vpon
his
Recognusance
.
Mar.
But
althoughe
these
Iustices
,
Shirife
or
Vndershirife
,
doe
not
goe
to
sée
the
Riotte
,
yet
maye
the
the
Iustices
enquire
of
it
within
the
moneth
after
it
:
and
they
all
are
allo
to
make
Certificat
within
a
moneth
after
that
,
arcording
to
the
forme
of
the
Statute
.
And
although
this
Statute
saye
,
that
the
same
Iustices
shall
doe
it
,
yet
if
other
:
Iustices
of
the
peace
there
doe
it
,
that
is
sufficient
.
Mar.
If
this
enquirie
bée
not
made
within
the
moneth
,
yet
it
is
good
,
but
then
no
good
Certificat
can
bée
made
thereof
:
So
if
the
Enquirie
bée
within
the
moneth
,
and
the
Certificat
not
made
Within
a
moneth
after
,
that
is
not
good
Mar.
But
if
the
Iustices
doe
enquire
within
the
moneth
,
and
doe
giue
daye
to
the
lurie
to
yéeld
their
Verdite
after
the
moneth
,
that
is
good
ynough
.
If
the
Enquest
find
,
that
the
Riot
was
made
by
ry
.
persons
,
wher
in
déed
it
was
made
by
Cpersons
,
it
may
be
creatified
so
,
and
then
the
Cretificat
(
&
not
the
Inditement
)
shal
be
take
:
but
if
they
barie
only
in
the
day
,
then
the
Inditement
shall
be
prefered
to
,
if
the
Certificat
.
And
if
the
Inditement
be
of
ry
.
persons
,
&
the
Certificat
of
ry
.
persons
in
harnesse
,
the
Certificat
shal
be
preferred
.
So
,
if
the
Inditement
speake
only
of
a
Riotous
assault
,
batterie
,
and
mayheming
.
If
foure
Iustices
,
the
shirife
and
Vndershirife
,
goe
to
fée
a
Riote
,
and
two
of
those
Iustices
and
the
Shifife
joyne
in
one
Certificat
,
and
the
other
two
joyne
with
the
vndershirif
in
an
other
Certificat
,
that
Certificat
(
wherevnto
the
Shirife
is
partie
)
shall
bée
preferred
:
for
in
hys
presence
the
Vndershirife
hathe
non
autoritie
.
But
yet
if
the
Certificat
bée
otherwile
equall
,
then
the
best
shall
be
taken
for
the
Queene
.
If
(
after
the
Riote
séene
,
and
the
Enquirie
made
)
one
of
the
Iustices
be
putte
out
of
the
Commission
,
then
cannot
be
Cretifi
.
But
If
he
Recorded
the
Riot
vpon
the
view
thereof
,
and
the
Rioters
had
escaped
,
yet
the
might
he
Certifi
Mar.
The
force
of
this
Certificat
is
,
but
only
to
put
the
parties
to
answere
:
and
forasmuch
as
it
is
of
the
nature
of
a
declaration
agaist
them
,
it
ought
to
comprehende
the
certaine
yeare
and
day
,
thought
peraduenture
(
as
M.
Mar.
holdeth
)
it
néedeth
not
to
erpresse
the
Additions
of
the
parties
,
being
not
within
the
words
of
the
Statute
,
1.
H.
5.
Ca.
5.
Furthermore
,
wheras
this
Statute
speaketh
of
the
paine
of
C.
lb
to
be
layed
vppon
the
next
Iustices
:
Yet
if
other
then
the
next
Iustices
doe
perfourme
the
office
,
that
shall
ercuse
them
that
be
the
nexte
justices
to
the
place
.
And
that
in
the
cause
why
I
have
taken
leaue
to
place
there
things
before
,
under
the
audoritie
of
any
two
justices
generally
.
Riotte
,
Rout
,
02
Assembly
,
)
to
supply
the
defaulte
of
the
next
Iustices
.
For
so
it
was
now
lately
adiudged
in
the
starre
Chamber
.
Howbite
that
paine
of
an
hundred
pound
was
layds
vpon
the
next
Iustices
onlie
,
and
theresidue
were
fined
by
discertion
of
that
Court.
Lastly
,
euery
of
these
Iusticcs
shal
be
ercosed
of
this
penaltie
,
by
the
not
comming
of
the
shirief
:
But
yet
they
ought
(
in
this
seruice
)
to
sende
for
the
shirife
,
and
not
he
for
the
,
Mar.
Thus
muche
of
the
Riottes
after
this
consideration
:
now
a
little
for
the
furtherance
of
the
Iustices
in
their
execution
,
and
then
then
other
matters
.
A
Precept
to
the
Shirife
,
to
warne
the
Countrie
to
enquire
of
a
Riotte
.
GEorgius
Multon
&
Wilhelmus
Lambard
dou
Iusstiled
;
ticiariorum
&c.
assignatorum
,
Vicecomiti
eiusdem
comitatus
Salutem
.
Exparte
ditae
Dominae
Reginae
tibi
praecipimus
,
quòd
ventre
facias
coram
nobis
apud
I.
m
comitatu
praedictor
.
die
Ostob.
proximè
futuro
.
24.
probes
,
sufficientes
,
&
legales
homines
de
comitatu
pradisto
,
quorum
quilibet
babent
terras
&
tenementa
,
infra
distūcomitatum
liberè
per
cbartam
ad
annuum
valorem
20.
solid
.
aut
per
copiam
Curiae
adannuum
valorem
26.
solid
.
&
8.
denars
.
aut
per
vtrumgum
ultra
omnes
reprisas
,
ad
inquir
endum
pro
indenitate
nostra
in
bac
parie
super
sacramentum
suum
S.
t
A.
B.
C.
D.
E.
F.
s
alis
malefastores
et
pacis
dista
Dominae
Reginae
Perturbatores
ignoti
,
domum
cuiusdam
G.
H.
apud
Ightham
praedistā
,
riotose
fregerint
&
in
ipsum
insulsum
fecerint
,
&
vnlnerauerint
,
contrapacem
dista
Domma
Ragina
,
&
contraformam
Statuli
m
ialicasu
,
13.
H.
4.
0
lim
regis
Angliae
editi
&
proxist
.
Et
hoc
nullatenus
omittas
sub
poena
20th
.
quam
incursurus
as
fi
in
executione
pramissorum
defeceris
.
G.
M.
&
W.
L.
20.
die
Septemb.
Annoregni
dicta
Demine
nostrae
Eliza.
23.
The
Inquirie
.
Inquisitio
pro
Domina
Reginae
&c.
(
as
before
in
forcible
entries
)
coram
Georgio
Multon
&
Wilhelmo
Lambard
,
&c.
Quiad
hoc
inratiee
onerati
,
dicunt
super
sacramentum
suum
,
quod
A.
B.
C.
D.
E.
F.
simul
cum
alijs
malefactoribus
,
&
pacis
dictae
Dominae
Reginae
pertur
batoribus
,
ignotis
ad
numerum
septem
personarum
,
mode
guerrino
arcaiati
,
vt
&
armis
,
viz.
hawberdis
,
gladijs
,
arcubus
,
&
sagittis
,
19.
die
mens
.
Sep.
vlt.
Praeterito
,
apud
Ightham
in
comitatn
Praedicto
inter
horas
octauam
,
&
nonam
,
post
meridiem
eiusdem
diei
,
Domum
G.
H.
de
Ightham
Praedict.
Yeoman
,
scituatam
in
Ightham
praedicta
.
riotose
fregerunt
,
&
in
ipsum
G.
H.
tunc
&
ibidem
insuliū
fecerūr
,
ac
ipsum
tunc
&
ibidem
verberaue
runt
,
vulnerauerunt
,
&
indignis
modis
tractaucrant
,
is
a
quod
de
vita
eius
desperabatur
in
magnam
pacis
dict.
Domine
Reginae
perturbationem
&
popult
terrorem
ac
contra
formam
Statuti
de
riotis
,
routis
,
&
congregationibus
Gentium
Anno.
13.
H.
4.
olim
regis
Anglia
progoniter
is
dicte
Domina
Reginae
,
editi
&
promisi
.
The
Certificat
to
the
Queene
&
hir
Coū
sell
ought
to
be
made
by
the
two
Iustices
the
Shirife
or
Vndershirife
,
Whiche
may
be
done
in
English
,
after
the
order
of
a
Letter
,
and
as
the
case
shall
require
.
But
the
Record
of
the
Iustices
,
and
the
Shirife
or
Vndershirise
(
if
they
will
procée
&
that
may
)
may
be
in
this
manner
.
MEmorandum
quod
20.
die
Septem.
anneregni
Dominea
nostra
Elizabe
.
der
gratia
&c.
23.
Questiled
;
tus
est
nobis
Georgio
Multon
&
Wilhelmo
Lambard
,
duobus
Iuiticiariorum
&c.
essigmatorū
,
&
Thomae
C.
sub
vicecomiti
comitatus
ciusdem
,
quidam
G.
H.
de
Ightham
in
dist.
comitatu
Yeoman
,
Quod
A.
B.
C.
D.
E.
F.
&
c.
&
alij
malefastorcs
&
pacis
dicte
Domina
Reginae
perinrbatores
ignoti
domurn
eiusdem
G.
H.
apud
Ig
,
pradicu
.
riotosé
fregerht
,
et
ibidem
in
ipsum
G.
H.
insultum
fecerunt
,
ac
ipsum
vulneraucrunt
contra
pacem
dicta
Domina
Reginae
ac
proinde
pctyt
4
nobis
sibi
in
hac
parte
remedinm
apponi
:
Quthus
guidem
quarimonia
&
petitione
anditis
,
nos
dict.
G.
M.
W.
L.
&
T.
C.
ipso
codem
dicto
die
ad
domuns
pradictans
accessimus
in
propriss
persouis
noctris
,
ac
tunc
&
ibidem
inuenimus
prafatos
A.
B.
C.
D.
&c.
ad
numerum
septem
per
sonarum
modo
gucrrino
arraiatos
,
vz.
gladijs
pugionibus
,
lorisis
galeis
,
arcubus
&
sagittis
,
riotose
in
simul
aggregatos
domum
proefatam
fregisse
.
multa
mala
in
ipsum
G.
H.
ibidem
comminantes
in
magnam
paeis
dictoe
Dominoe
Reginoe
perturbationem
ac
popali
sui
terrorem
,
necnon
in
contemptum
Statute
de
Riotis
,
Routis
,
&
congregationibus
populorum
Anno
13.
H.
4.
olim
regis
Anglioe
,
progenitoris
dictoe
Dominoe
Reginoe
,
&
diti
ac
prossist
.
Ac
proptereanos
proefati
G.
M.
W.
L.
&
T.
C.
corpora
dict●
rum
A.
B.
C.
D.
&c.
arrestari
,
Ac
proximoe
Gaols
dictoe
Dominoe
Reginoe
in
comitatu
praedicto
duci
ficimus
,
per
Recordum
hoc
nostrum
connict
.
in
praesentia
nostra
.
In
cuius
reitestimontnssnos
Praefati
G.
M.
W.
L
&
T.
C.
huic
dicto
records
nostro
,
sigillae
nostra
apposuimus
,
Datum
apud
I.
praedict.
die
&
anno
supradictis
.
And
nowe
wishing
the
two
Iustices
of
Peace
in
this
matter
to
looke
backe
into
the
which
hath
bene
satd
before
of
forcible
entries
and
Kiots
in
the
person
of
one
Iustice
,
let
vs
make
spéede
to
other
statutes
.
Any
two
Iushces
of
the
Peace
,
may
imprison
forx
.
dayes
,
the
Naister
that
giueth
:
&
for
x.
daies
,
the
seruant
that
taketh
more
wages
than
after
the
rates
thereof
made
:
&
may
imprison
for
a
whole
yeare
,
suche
seruaunt
,
as
shall
bée
Conuicted
before
them
by
his
owne
confession
,
or
by
the
Dathes
of
two
honest
men
,
to
haue
made
any
assault
vpon
his
maister
,
maisiresse
,
or
other
person
hauing
the
charge
of
him
,
or
of
the
worke
:
and
they
maye
appoint
any
woman
(
being
vnmarried
,
of
the
age
of
twelue
yeares
,
and
vnder
fortie
)
that
is
out
of
seruice
,
and
that
they
shal
thinke
méete
to
serue
to
bée
retained
by
their
disrreatiō
,
and
may
vpon
hir
refusall
commit
hir
to
Warde
,
till
she
wil
be
so
bound
to
serue
5.
Eh.
ca.
4.
Any
two
Iustrces
of
Peace
,
may
licence
such
as
be
deliuered
out
of
Gaoles
,
to
begge
for
their
fées
,
or
to
trauel
to
their
Countrie
,
or
friendes
:
and
may
giue
licence
for
fortie
days
to
a
Roge
that
is
marked
:
&
may
make
testimoniall
to
a
Seruingman
,
that
is
turned
away
from
his
matster
,
or
whose
maister
is
deade
:
14
Eliz.
ca.
5
:
&
18.
Eliz.
ca.
3.
Such
two
Iustices
may
certifie
at
the
quarter
Setsions
that
a
Citie
,
or
Towne
Corporate
,
of
the
Shire
(
being
no
countie
of
it self
)
is
surcharged
with
poore
,
togither
with
the
names
and
number
of
them
,
that
order
may
bée
taken
there
for
their
reliefe
:
they
maye
Licence
diseased
persons
(
liuing
of
almes
)
to
trauell
to
Bathe
,
or
to
Bucstone
,
for
ease
of
their
griefe
.
14.
Eliz.
ca.
5.
By
the
ouersight
of
two
such
Iustices
,
and
twelue
discréete
men
of
the
Hundred
,
and
Hundreds
adioyning
,
any
person
(
within
the
Wealde
of
Kent
)
may
make
in
his
own
land
a
new
highway
,
more
commodious
than
the
olde
,
14.
H.
8.
ca.
6.
Two
such
Iustices
may
once
euery
yeare
appoint
Ouerseers
for
that
whole
yeare
following
of
cloath
to
bée
made
or
solde
,
in
any
towne
(
not
being
Corporate
)
and
maye
charge
them
vpon
their
oathes
,
to
sée
execution
of
some
partes
of
the
Statute
.
3.
E.
6.
ca.
2.
yet
in
force
.
Within
sire
dayes
after
accusation
had
,
that
any
person
hath
disturbed
a
Preacher
,
and
after
his
committing
to
safe
custodie
by
one
Iustice
of
the
Peace
,
one
other
Iustice
of
that
shire
muste
ioine
with
him
in
the
eramination
of
the
Offender
,
&
maye
procéede
to
finde
him
guiltie
by
his
owne
confession
,
or
two
witnesses
,
and
therevpon
commit
him
to
the
next
Gaole
,
for
thrée
monethes
.
1.
Mar.
Parl.
1.
ca.
3.
quoere
of
the
cotntinuance
of
this
Statute
,
as
before
.
Any
two
Iustices
of
the
Peace
of
the
Countie
,
where
any
Logwood
(
alias
Biockwood
)
shal
be
founde
(
in
whose
handes
soeuer
it
bée
)
maye
openly
burne
the
same
,
as
forfeited
.
23.
El.
ca.
9.
What
things
,
some
twoo
Iustices
of
the
Peace
may
doe
out
of
the
Sessions
.
CAP.
XXIII
.
IT
falleth
out
many
times
that
the
Statute
lawes
regarding
some
Iustices
aboue
others
,
either
for
the
opinion
of
the
abilitis
or
learning
that
they
should
haue
(
being
of
the
Quorum
)
or
for
the
aduantage
and
facilitie
that
they
haue
to
dispatch
the
affaire
by
meanes
of
their
nearenesse
and
dwelling
,
or
for
the
indifferencis
that
they
are
likely
to
vse
in
the
handling
of
the
cause
(
as
being
neyther
of
kindred
nor
alliance
to
any
of
the
parties
)
doe
many
times
make
choise
of
two
Iustices
,
and
doe
either
altogither
close
the
hands
of
the
rest
,
or
else
do
chiefly
reposs
the
trust
in
these
that
bée
so
chosen
&
elected
.
Among
those
of
this
kind
,
the
Bailement
of
prisoners
worthily
craueth
the
first
place
,
whether
you
respect
the
weight
of
the
matter
that
it
concerneth
,
or
the
length
of
the
discourse
that
it
requireth
,
the
one
tending
to
desired
libertie
,
and
the
other
comprehending
great
varietie
.
This
sauing
then
,
or
deliuerie
of
a
person
out
of
prison
,
before
he
hath
satisfied
the
Law
,
is
vttered
by
thrée
termes
in
our
Statute
lawes
,
that
is
to
saie
,
Bailement
,
Mainprise
(
or
manucaption
)
and
Repleuine
.
Bailement
,
Mainprise
&
Repleuine
.
And
they
bée
indifferently
vsed
to
erpresse
that
suertie
whiche
the
prysoner
is
to
finde
in
such
a
case
:
For
that
which
Bracton
and
the
statute
of
W.
1.
cap.
15.
made
3.
E.
1.
doe
speake
of
setting
at
libertie
of
accessaries
by
the
woordes
Replegiari
,
and
of
letting
out
by
sufficient
Pleuin
:
Britton
and
the
Register
doe
erpresse
by
finding
of
Mainprise
:
the
Statute
5.
E.
3.
cap.
8.
by
letting
to
Baile
:
that
of
Marlebrige
cap.
27
:
made
52.
H.
3.
by
tradi
in
ballium
vel
Replegtari
.
And
the
Statute
of
1.
E.
3.
ca.
9.
making
mention
of
the
writ
De
Homine
Replegiando
to
bée
directed
to
the
garden
of
a
Forest
,
declareth
the
effect
therof
to
bée
,
that
hée
should
Repleuy
the
prysoner
by
good
Mainprise
.
The
Statute
23.
H.
6.
ca.
10.
that
commaundeth
the
Shirife
to
let
out
of
prison
(
such
as
he
hath
arrested
vpon
Enditements
of
trespasse
)
vpon
reasonable
suertie
of
sufficient
persons
,
calleth
the
same
a
letting
to
Baile
or
Mainprise
.
And
lastly
1.
8
c
2.
Ph.
&
Mar.
&c.
13.
séemeth
to
make
al
the
thrée
wordes
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
and
of
the
same
signification
.
Yet
it
séemeth
that
Replevine
had
his
orginall
of
the
word
Pledges
which
denoteth
them
that
vndertake
for
the
partie
,
that
hée
shall
abide
to
bée
iustifyed
by
Lawe
.
And
is
vsed
in
diuerse
other
cases
,
as
in
Replevine
of
Cattell
vpon
a
distresse
.
Replevine
of
Franchises
in
a
quo
Warranto
,
Replevine
of
Lande
vppon
a
Grande
Cape
,
in
olde
time
,
and
Replevijng
of
the
person
of
a
man
in
case
of
Villenage
and
this
our
case
.
Bailement
is
deriued
from
the
French
tearme
Bailler
.
And
that
also
commeth
of
the
Gréek
(
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
)
they
both
signifiyng
to
Dehaer
into
hand
:
For
he
that
is
Bailed
is
taken
(
or
kepte
)
out
of
prison
and
deliuered
(
as
it
were
)
into
the
handes
of
his
friendes
as
Suerties
for
him
,
whereof
also
the
worde
Manucaptio
(
or
Maineprise
which
is
all
one
)
giueth
good
euidence
,
the
one
mentioning
the
deliuery
,
the
other
the
receiuing
.
And
in
this
respecte
,
the
Booke
of
the
Norman
Customes
calleth
Bailement
a
liue
prison
,
for
that
the
partie
is
therby
become
prisoner
to
his
friends
that
do
vndertake
for
him
.
But
Bailmet
&
Mainprise
haue
bin
take
to
differ
in
the
practse
of
our
common
law
,
for
he
which
is
properly
Bailed
by
the
Iustices
of
any
court
hath
bene
neuerthelesse
reputed
to
be
a
prisouer
ther
fril
,
&
his
suerties
to
be
(
as
it
wer
)
his
speciall
gardeins
,
other
wise
it
hath
bin
thought
of
him
that
is
let
to
Mainprise
,
as
may
be
séene
by
the
Booke
cases
33.
E.
3
:
&
36.
E.
3.
Coron.
Fitzh
.
12.
&
13
:
7.
H.
6.
42
:
31.
H.
6.
10
:
38.
H.
6.
23
:
9.
E.
4.
2
:
&
21.
H.
7.
33.
But
at
this
day
how
long
he
shall
he
adiudged
to
be
aprisoner
,
Erin
Custodia
Mariscalli
Mariscalcioe
,
&
c.
that
is
Bailed
in
the
Kings
Bench
,
the
custome
of
the
Courte
it
selse
must
rule
the
matter
:
for
it
differeth
somewhat
(
if
I
be
not
deceiued
)
from
those
opinons
.
Howbeit
,
forasmuch
as
in
our
course
(
concerning
Iustices
of
the
Peace
)
it
is
not
so
néedefull
to
siay
vppon
the
difference
betwéene
them
,
as
to
procéede
to
disrlose
the
vse
and
maner
of
them
:
Let
vs
therefore
examine
the
power
of
the
Iustices
of
Peace
in
this
behalfe
.
It
séemety
,
that
Iustices
of
the
Peace
might
(
after
the
statute
of
34.
Ed.
3.
cap.
1.
(
that
made
them
complete
Iudges
)
haue
letten
to
baile
such
persons
as
were
indited
of
Felonie
before
them
in
their
Sessions
,
as
the
Iustices
of
the
Kings
Bench
vse
to
doe
,
but
not
such
as
were
arrested
for
suspition
of
Felonie
,
and
not
endited
thereof
before
them
,
because
before
the
enditement
they
were
no
Iudges
ouer
them
:
And
for
helpe
herein
,
it
was
ordayned
(
1.
R.
cap.
3.
)
that
euery
Iustice
of
Peace
might
lette
to
Baile
any
suspectes
of
Felonie
.
But
that
Law
begatte
some
inconueniences
,
and
therefors
it
was
soone
after
repealed
(
by
3.
H.
7.
cap.
3.
)
whiche
lefte
power
to
twoo
Iustices
of
the
Peace
(
the
one
beeing
of
the
Qorum
)
to
lette
anye
prisoners
(
mainpernable
by
the
Lawe
)
to
baile
to
the
nexte
generall
Sessions
,
or
the
nexte
Gaole
deliuerie
,
and
willeth
,
that
they
shall
then
certifie
suche
baile
taken
,
vpon
paine
to
forféite
for
euerye
defaulte
(
therevppon
recorded
)
tenne
poundes
,
to
the
Kyng
3.
H.
7.
cap.
3.
And
here
againe
there
sprang
vppe
an
other
inconnenience
:
for
then
Iustices
of
Peace
woulde
not
sticke
to
borrowe
one
an
others
name
,
(
as
manye
yet
still
doe
)
and
by
that
meanes
defraude
the
good
meanyng
of
the
Statute
:
Wherevppon
it
was
lastly
further
prouided
(
by
1.
&
2.
Phil.
&
Mar
)
as
followeth
:
That
no
Iustice
nor
Iustices
of
Peace
,
This
Statute
of
Bailement
I
haue
recited
the
moze
at
large
,
because
it
both
comprehendeth
some
such
other
things
as
must
concurre
with
the
Bailement
of
the
prisoner
,
and
giueth
me
occasion
to
sette
downe
the
Statute
of
W.
1.
and
to
shewe
what
persons
be
baileable
by
the
Law
:
for
,
to
either
of
these
it
referreth
it selfe
(
as
you
haue
seeacutene
)
and
is
also
restrained
by
them
.
Nowe
by
the
Statute
of
W.
1.
cap.
15.
Prisoners
that
bee
before
outlawed
or
haue
abiured
prouours
:
felons
taken
wyth
the
maner
:
those
that
haue
broken
the
Kings
prison
:
notorious
and
proclaymed
theeues
:
those
that
are
appealed
of
prouours
,
so
long
as
the
prouours
bee
liuing
(
if
they
be
not
of
good
same
:
)
those
which
are
taken
for
felonious
burnings
,
or
for
falsifying
the
Kings
mony
or
his
Seale
:
or
which
are
taken
vpon
excommunication
,
or
for
open
euill
or
for
treason
touching
the
King
himselfe
,
or
for
the
death
of
a
man
,
or
by
the
commandement
of
the
King
himselfe
,
or
of
hys
priuie
Counsell
,
or
by
the
(
absolute
,
and
not
ordinarie
)
commaundement
of
the
Kings
Iustices
,
or
for
the
Forest
:
be
not
repleuisable
by
the
common
Writ
nor
without
Writ
by
Shirifes
,
nor
other
gardines
of
prisons
.
But
hee
that
is
taken
for
light
suspition
:
or
is
indited
of
petite
Larcinie
,
(
not
being
giltie
before
of
other
Larcinie
:
)
those
that
be
charged
with
the
receit
of
theeues
,
or
felons
,
or
of
commaunding
,
or
force
,
or
aide
:
or
charged
wyth
Trespasse
,
that
toucheth
not
losse
of
life
,
nor
member
:
and
he
that
is
appealed
by
a
Prouour
(
beeing
no
common
theefe
nor
defamed
)
after
the
death
of
the
prouour
,
is
baileable
by
that
Statute
.
Againe
,
the
Statute
23.
H.
6.
cap.
10.
prohibiteth
those
that
bee
in
prison
by
condemnation
,
execution
,
Capias
vtlagatum
,
excommunication
:
for
Suertie
of
the
Peace
:
or
by
speciall
commaundement
of
any
Iustice
,
to
be
bailed
,
by
Shirife
,
keeper
of
prison
,
or
other
ther
Officer
or
Minister
,
But
willeth
and
commaundeth
that
all
those
that
be
Arrested
by
force
of
any
Writ
,
Bill
or
Warrant
,
in
any
action
Personall
,
or
because
of
any
enditement
of
Trespasse
,
to
be
let
out
of
prison
vpon
reasonable
suerties
of
sufficient
persons
hauing
sufficient
within
the
Counties
where
they
bee
to
bee
lette
to
Baile
or
Mainprise
,
to
keepe
their
dayes
in
suche
places
as
the
saide
Writtes
,
Billes
or
Warrantes
shall
require
.
Both
these
last
Statutes
(
as
appeareth
)
were
at
the
firste
ment
to
giue
a
rule
vnto
Shirifes
and
other
meaner
Officers
,
in
what
cases
to
let
their
prysoners
to
Baile
,
and
in
what
not
,
But
as
the
Statute
of
W.
1.
is
by
the
expresse
letter
of
1.
&
2.
of
ph.
&
Mar.
sette
foorth
as
a
line
whereby
the
Iustices
of
Peace
are
to
guide
themselues
:
so
it
séemeth
to
mée
that
they
ought
to
haue
an
eie
vnto
the
other
Statute
also
,
for
asmuch
as
,
certaine
other
persons
bée
therein
also
meneioned
not
to
bée
Baileable
by
lame
,
and
so
within
the
reach
of
these
berie
wordes
that
lir
in
the
Statute
1.
&
2.
Phil.
&
Mar.
cap.
13.
This
Statute
of
1.
&
2.
Ph.
&
Mar.
séemeth
(
as
hath
bene
faide
befoze
this
)
to
distinguish
betwéene
Murder
,
&
Manslaughter
making
this
offence
Baileable
,
but
not
the
other
:
So
as
it
shoulde
restraine
(
as
it
were
)
the
generall
woordes
(
death
of
a
man
)
in
the
Statute
of
W.
1.
to
cause
them
to
bée
vnderstood
of
Murder
onely
.
Manslaughter
baileable
,
and
not
Murder
.
And
besides
it
maketh
mencion
of
the
Bailement
of
Acceslones
whereof
the
Statute
2
&
3.
Ph.
&
Mar.
cap.
18.
hath
neuer
a
woorde
.
I
will
be
therefore
a
little
bolde
to
remember
here
some
fewe
cases
of
these
matters
,
to
giue
(
as
my
manner
hath
bene
)
some
glimmering
of
lighte
to
the
vnacquainted
Iustices
of
Peace
with
the
groundes
of
our
Lawe
,
how
to
difcerne
and
know
them
asunber
,
the
better
thereby
to
graunt
or
denie
the
sute
for
Baile
that
shall
bée
made
vnto
them
.
The
sundríe
construction
of
the
woordes
Murder
and
Manslaughter
,
and
how
they
be
commonly
vnderstoode
at
this
daie
,
hath
appeared
alredie
.
Nowe
if
one
doe
suddenly
(
without
anye
occasion
of
present
quarrell
offered
)
●rawe
his
swoorde
,
and
therewithall
killeth
an
other
,
that
standeth
by
him
,
this
cannot
bée
thought
but
to
haue
bene
done
of
a
pretensed
purpose
,
and
therefore
hath
bene
taken
to
bée
Murder
.
Dalison
in
his
Keportes
.
So
is
it
taken
if
two
fall
out
,
and
doe
appoint
a
place
to
fight
togither
,
and
there
the
one
of
them
killeth
fhe
other
,
ibid.
If
a
man
assaulteth
the
Maister
vppon
malice
prepensed
to
kil
him
,
and
he
killeth
the
sruant
,
against
whome
he
had
no
malice
at
all
,
yet
is
this
Murder
,
Plowd
.
Com.
Fol.
101.
But
if
the
Maister
assaulteth
one
vpon
such
malice
,
and
the
servant
(
not
foreknowing
this
matter
)
taketh
then
his
Maisters
part
,
and
Killeth
the
partie
,
it
is
but
Man
slaughter
in
him
,
though
Murder
in
the
Mailter
,
ibid.
Fol.
100.
If
one
lieth
in
awayte
to
kill
one
,
and
an
other
commeth
there
by
,
and
so
by
mistaking
hym
for
the
partie
,
whole
bloude
was
thirsted
for
,
he
is
slaine
,
this
is
Murder
:
for
it
was
grounded
vpon
malice
prepensed
,
as
in
the
case
that
hath
béene
remembred
heretofore
of
the
intent
in
the
husband
to
poyso
his
wife
,
whereby
in
a
maner
againste
hys
will
,
his
childe
was
poysoned
,
ibid.
Fol.
474.
Brooke
Chiefe
Iustice
was
of
opinion
,
4.
&
5.
Phil.
&
mar
.
That
in
all
cases
,
where
a
man
alone
,
or
wyth
other
,
commeth
to
doe
an
unlawfull
acte
to
an
other
,
as
to
beate
him
or
diseise
him
of
his
lande
,
&c.
and
killeth
hym
in
that
doing
,
it
is
Murder
:
But
if
a
sfranger
be
killed
there
,
that
then
that
is
but
Manslaughter
.
And
Dallison
agréeth
with
the
first
part
of
this
opinon
.
And
he
further
reporteth
,
that
if
a
maiden
seruant
conspire
with
a
man
to
robbe
his
maistresse
&
so
they
kill
hir
,
this
is
but
Murder
in
the
man
,
though
petit
Treason
in
the
maiden
.
Accessories
to
all
maner
of
Felonies
be
baylable
by
the
statute
W.
1.
in
these
words
,
(
Those
that
be
charged
with
the
receit
of
Theeues
or
Felones
,
or
of
commaundement
,
or
offorce
or
aide
thereunto
.
)
M.
Stamforde
.
F.
71.
affirmeth
that
those
also
which
be
charged
with
abbetment
,
consent
or
procurement
,
be
within
the
equitie
of
the
same
wordes
.
This
statute
therefore
séemeth
to
make
thré
sortes
of
acccessories
,
some
to
be
before
the
offence
committed
,
as
Commaunders
,
abbetters
,
consenters
,
and
procurers
:
some
at
the
déede
doing
,
as
those
that
then
giue
force
or
aide
thereunto
:
and
a
thirde
sorte
of
those
that
receiue
the
Felones
,
and
comfort
them
after
the
fact
done
.
But
for
as
much
as
the
second
sort
of
these
men
be
at
this
day
accompted
as
déepe
offendors
as
the
very
doer
him selfe
is
,
there fore
(
in
myne
opinion
)
in
all
such
cass
where
he
is
not
to
be
bailed
by
lawe
,
these
men
also
ought
to
remaine
in
prison
still
,
not
withstanding
the
words
of
this
statute
.
Now
to
know
sucb
an
Accessorie
(
as
the
law
is
taken
at
this
day
)
and
him
also
from
a
principall
,
let
these
cases
folowing
suffise
.
If
one
procure
or
commaunde
an
other
to
kill
a
man
,
but
is
not
present
when
the
other
killeth
him
,
he
is
taken
to
be
bat
an
Access●rie
.
But
if
he
be
present
at
the
very
time
,
he
then
is
taken
to
be
a
principall
murderer
.
7.
H.
4.
27.
&
4.
H.
7.
18.
And
if
hunters
that
haue
agréed
to
kill
such
as
shall
resist
them
,
do
come
into
a
parke
,
&
one
of
them
runneth
vpon
a
man
that
rebuketh
them
,
and
killeth
him
,
it
is
Murder
in
all
the
hunters
that
be
in
the
parke
,
although
some
of
them
doe
not
sée
,
&
all
be
principals
,
as
Dalison
reporteth
.
So
if
diuers
come
to
doe
a
Murder
,
&
one
of
them
onely
striketh
and
killeth
the
man
,
&
the
other
be
but
present
abbetting
him
and
ready
to
ayde
him
if
néede
were
,
they
be
all
taken
to
be
principall
Murderers
at
this
day
.
For
their
presence
is
a
terrour
vnto
the
partie
slaine
,
and
the
greater
occasion
of
his
present
death
Plowd
.
Com.
Fo.
98.
If
a
man
commaund
one
to
poyson
an
other
,
and
he
killeth
him
with
a
sword
,
yet
the
Commaunder
is
Accessorie
to
this
Murder
.
Da.
So
if
B
procureth
one
to
kil
A
in
the
field
,
and
he
killeth
him
in
a
Church
,
or
to
kil
him
such
a
day
,
and
he
killeth
him
an
other
day
,
B.
is
Accessorie
to
the
killing
:
but
if
after
such
procurement
,
and
before
the
execution
there
of
,
B.
groweth
penitent
,
&
chargeth
him
not
to
commit
the
fact
,
and
he
notwithstanding
performeth
it
,
now
B
is
not
Accessorie
at
al
Plow
.
Com.
475.
And
if
B
commaund
one
to
beate
an
other
,
and
he
vpon
that
beateth
him
so
as
he
dieth
of
it
,
B
is
Accessorie
to
this
Murder
.
3.
E.
3
Coro
.
Fitz.
314.
If
B
commaundeth
A.
to
robbe
a
Goldesmith
of
his
plate
as
he
rideth
to
Sturbridge
faire
,
and
he
breaketh
his
house
by
night
in
Cheapefide
,
and
robbeth
him
of
his
plate
,
B.
is
no
Accessrie
to
this
Burglarie
.
ibidem
.
So
is
it
if
B
commaund
A.
to
burn
the
house
of
C
&
he
burneth
the
house
of
D
then
B
is
no
Accessorie
to
the
burning
.
But
if
he
had
burned
the
house
of
C.
&
by
that
fire
the
house
of
D
had
bene
burned
also
,
then
were
B.
Accessorie
to
that
burning
of
the
house
of
B.
because
that
burning
followed
of
the
fire
which
was
kindled
by
his
commaundement
.
ibidm
.
To
make
receeiuers
cōorters
&
aiders
of
Fe
lonies
,
after
the
fact
commtted
to
be
offenders
and
Accessories
:
It
is
requsite
(
sayth
M.
Stamf
F.
41.
)
that
they
haue
knowledge
of
the
felonie
done
,
and
it
must
be
with
an
euill
entent
,
for
if
he
aide
him
by
his
good
word
and
suit
for
his
deliuerauce
,
or
writeth
in
his
behalfe
for
that
purpos
,
he
shall
not
be
accompted
an
Accessorie
,
26
AiT.
pl.
47.
If
a
man
doe
giue
a
morfall
wound
to
an
other
vpon
the
first
day
of
Augusft
,
and
a
third
person
(
knowing
of
the
wounde
)
receiueth
him
two
dayes
together
,
and
then
he
departeth
,
and
after
he
that
was
hurt
,
dyeth
vpon
the
tenth
day
of
August
,
this
Keceipt
maketh
him
no
Accessorie
,
for
all
the
time
of
the
Receipt
it
was
no
slonie
:
But
other
wise
it
is
,
if
he
had
receiud
him
continually
,
till
the
death
and
after
Dalison
.
If
a
man
pursue
and
take
a
Felon
which
hath
stlen
his
goods
,
and
he
taketh
his
goods
from
him
,
and
then
suffereth
him
to
goe
at
large
this
maketh
him
no
Acccssorie
.
But
if
he
agrée
with
him
,
and
take
money
of
him
,
to
the
end
that
he
shall
not
gine
euidence
againtnst
him
,
then
is
he
an
Accessorie
to
that
Felonie
,
by
the
opinion
of
Iustice
Hales
(
M
,
6.
E.
6.
)
because
it
is
a
comforting
of
him
.
A
wife
may
be
Accessrie
to
a
felonie
with
out
hir
husband
,
by
recciuing
Felons
into
the
house
the
husbande
not
knowing
of
it
,
or
wayuing
the
house
to
soone
as
he
knoweth
of
it
.
15.
E.
2.
Coron.
Fitzh
.
383.
But
the
wife
shal
not
be
accompted
Accessorie
to
the
felonie
of
hir
husband
,
by
comforting
him
,
&c.
neither
is
she
bounde
to
discouer
him
,
Britton
.
F.
47.
But
now
to
reture
to
Baylement
.
He
which
(
within
the
yeare
)
is
acquited
of
murder
or
manslaughter
at
the
Queenes
sute
,
must
be
remitted
to
prison
or
let
to
Mainprise
,
vntill
the
ende
of
the
yeare
,
and
the
partie
grieued
may
in
that
meane
time
commence
the
Appeale
.
3.
H.
7-ca
.
I.
Further
,
mée
thinketh
that
I
may
set
downe
this
as
a
rule
(
euen
at
the
common
law
)
conerning
Bailements
.
That
Iustices
of
the
peace
can
not
meddle
with
Bailement
of
any
prisoner
,
except
he
be
prisoner
for
such
cause
,
as
whereof
the
Iustices
of
the
peace
be
competent
Iudges
,
Which
also
was
the
cause
that
one
Iustice
of
the
Peace
by
force
of
the
Commission
onely
could
not
that
haue
bailed
suspectes
of
Felonie
,
before
that
they
were
indited
thereof
(
as
I
folde
you
,
)
For
out
of
their
Sessions
,
and
till
inditement
,
they
toere
no
Iudges
of
the
master
.
And
on
the
other
side
,
it
sémeth
that
two
Iustices
of
the
peace
(
the
one
of
them
being
of
the
Quorum
)
may
(
out
of
the
Sessions
)
baile
such
as
come
into
prison
by
the
processe
of
the
Sessions
made
vpon
penall
lawes
,
not
forbidding
baile
,
because
they
be
competent
Iudges
of
al
those
matters
,
insomuch
as
two
such
Iustices
may
heare
&
determine
them
.
Sundrie
doubts
(
I
confesse
)
may
be
made
concerning
the
busiesse
of
Baile
,
which
I
am
not
able
to
dissolue
,
&
therefore
am
not
much
willing
to
moue
.
Dnely
this
J
will
say
for
all
,
that
it
becommeth
Iustices
of
the
Pear
to
be
bery
circumspect
in
graunting
Baile
,
both
for
feare
of
wrong
by
denying
it
to
him
that
is
rcple
uisable
,
and
for
feare
of
daunger
to
the
seruice
it selfe
by
giuing
it
where
it
is
not
grantable
.
And
therfore
I
adnise
them
,
to
consider
strst
,
whether
the
power
of
Baile
(
whe
it
is
required
)
be
not
take
from
them
by
some
of
these
former
satutes
:
&
then
,
whether
that
particular
statute
it selfe
against
which
the
prisoner
is
charged
to
offend
)
Doe
not
spesally
prohibite
the
same
:
fbr
you
sall
mé
méete
with
many
statutes
,
which
doe
not
only
take
baile
from
the
offenders
against
them
,
wpon
their
solemne
conuiction
after
Iudgemcnt
,
but
also
vpon
the
Record
of
some
one
or
Iustices
of
the
Peace
,
by
exammaion
,
proofe
by
witnesles
,
or
such
other
triall
had
before
them
.
for
example
,
take
a
fewe
of
each
kind
,
seeing
it
would
proue
froublesom
to
rehearse
the
all
.
-
1.
He
that
is
conutcttctc
before
the
Iustices
of
the
Peace
,
vpon
the
sfatut
of
Liuerices
,
thall
be
committied
to
prison
for
one
whole
yeare
without
Baile
or
Mainprise
.
8.
H.
6.
C.
4.
-
2.
He
that
is
conuicted
before
them
,
for
abusing
a
licence
of
transporting
bictuall
,
shall
like
wife
be
committcd
by
them
,
and
shal
remaine
there
a
whole
yeare
without
Baile
,
or
Mainpnse
.
1.
&
2.
Phil.
Mar.
ca.
5.
-
3.
He
the
is
conuicted
before
them
for
offciding
the
sfatute
made
against
forstalling
,
&c
shall
be
committed
to
the
gaole
for
two
moneths
without
Baile
or
Mainprise
.
5.
E.
5.
c.
14.
-
4.
And
be
that
is
conuicted
before
them
for
offence
against
the
statute
of
Mustcrs
shal
be
awarded
to
eu
romaine
in
p●ison
without
Baile
or
Mainprise
,
till
he
haue
paited
the
forfaiture
,
4.
&
.
5
phil
&
Mar.
ca.
3.
-
1.
Againe
if
any
one
Iustice
of
the
Peace
shal
find
or
know
any
to
haue
exercised
any
bnlawful
games
,
he
may
commit
him
without
Baile
or
Mainprise
,
till
he
will
become
bound
no
more
to
vse
vnlalniful
games
.
33
-
H.
8.
ca.
9.
-
2.
●o
,
he
that
is
conuicted
before
two
Iustices
of
the
peace
to
haue
refused
to
srue
for
such
wages
as
is
by
order
appointed
,
shal
remaine
in
prison
wout
Baile
or
Mainprise
,
till
he
wil
be
bound
to
serue
accordingly
.
5.
El.
ca.
4.
-
3.
He
that
is
committed
by
two
Iustices
of
the
Peace
for
kéeping
a
common
Ale-house
,
of
his
owne
audoritie
,
shal
remaine
in
prison
thrée
daies
,
&
without
baile
or
mainprise
.
6.
E.
6.
ca.
25.
-
4.
And
the
reputed
father
or
mother
of
a
Bastard
childe
,
that
will
not
perfourme
the
order
set
downe
by
two
Iustices
of
the
peace
thereto
auctorised
,
shall
be
committed
,
and
shal
remaine
in
prison
without
baile
or
main
prise
,
till
he
or
she
will
be
bound
,
&
.
c.
18.
El.
c.
3.
Nów
(
for
an
ende
of
Bailement
)
I
will
shewe
you
one
hiforme
of
a
Baile
,
and
an
other
of
a
Liberate
.
Memor
andum
,
qùod
decimo
die
mensis
Octobris
,
Annoregni
&c.
coram
nobis
G.
M.
&
W.
L.
duobus
Iusticiariorum
&c.
assignatorum
,
venerunt
A.
B.
&
C.
D.
de
E.
in
dicte
comitatu
Yeomen
,
&
ceperunt
in
balliù
F.
G.
&c.
Laborer
,
(
captum
,
&
detentù
in
prisona
.
pro
suspicione
Cuiusdam
felonia
,
éTC
)
vsque
ad
proximam
generalem
Gaolae
deliberationem
in
comittatu
praedicto
tenendam
:
Et
assump
serunt
super
super
se
,
scilicet
quilibet
corum
sub
poena
,
20.
lib.
de
bonis
et
catallis
,
terries
et
tenementis
corum
et
curuslibet
corums
ad
opus
dictae
D.
Reginae
Leuandarums
,
si
pradictus
F.
G.
ad
candem
proximam
Gaols
deliberationem
personaliter
non
comparebit
coram
Iusticiarijs
dicta
Dominae
Reginae
ad
dictam
Gaolam
deliberandam
assignatis
,
adrespondendum
dict●
Domimae
Reginae
tunc
&
ibidem
de
et
super
omnibus
quaeilli
obijcientur
.
Datum
sub
sigillis
nostris
,
die
et
anno
supradictis
.
GEORGE
M.
and
W.
L.
two
of
the
Iustices
of
&c.
The
authoritie
of
some
two
Iustices
of
the
Peace
goeth
yet
further
:
for
the
common
manner
is
,
that
two
Iustices
of
the
Peace
(
the
one
of
them
being
of
the
Quorum
)
doe
ioyne
in
graunting
suerite
for
the
good
a
bearing
:
but
thereof
I
have
already
spoken
my
minde
.
Two
Iustices
of
the
Peace
(
the
one
being
of
the
Quorum
)
may
prohibite
&
remove
common
Aleselling
,
&
may
also
allow
the
same
,
taking
bonde
with
suretie
by
Recongnusance
for
good
rule
to
be
kept
in
such
Ale
.
house
&c
,
by
their
discretion
.
5.
E.
6.
ca.
25.
And
heare
,
séeíing
that
the
order
of
the
Conditions
of
these
bondes
is
partely
refer
red
to
discretion
,
I
will
(
for
the
better
brideling
)
of
thes
nurseries
of
naughtinesse
)
leave
with
you
that
forme
of
the
firste
of
them
,
which
I
have
knowen
practised
by
that
Honourable
Iusticer
,
the
lorde
Willliam
Cobham
,
nowe
Lorde
.
Warden
of
the
Fiue
Portes
.
The
Condicion
of
this
Recognusance
is
suche
,
That
whereas
the
withinbounden
A.
B.
is
admitted
and
allowed
by
the
withinnamed
Lorde
cobbam
,
and
William
Lambard
(
two
of
the
Queenes
Maiesties
Iustices
of
the
Peace
within
the
Countie
of
Kent
within
written
)
to
keepe
a
common
Ale-house
or
Tippling
house
,
and
to
vse
common
felling
of
Ale
or
Beere
,
onely
within
the
nowe
house
of
him
the
said
A.
B.
(
and
notelsewhere
)
scituate
in
the
High
streate
of
the
Towne
of
M.
within
written
,
and
called
the
signe
of
the
Hart
:
If
therefore
,
he
the
sayde
A.
B.
during
suche
time
as
he
shall
keepe
suche
common
Alchouse
there
,
shall
not
suffer
any
vnlawfull
play
,
at
the
Tables
,
Dice
,
Cardes
,
Tennis
,
Bowles
,
Closh
,
Coytes
,
Loggets
,
or
other
vnlawfull
games
to
be
vsed
in
his
sayde
house
or
in
his
garden
,
orcharde
,
or
other
his
,
grounde
,
or
place
:
Nor
dresse
,
or
causc
,
or
suffer
,
to
bee
dressed
,
anye
fleshe
to
bee
eaten
vpon
any
daye
forbidden
by
the
Lawes
or
Statutes
of
this
Realme
of
Englande
:
Nor
wittingly
and
willingly
admit
,
orreceiue
,
into
his
sayd
house
or
any
parte
thereof
,
any
person
notoriously
defamed
of
or
for
theft
,
incontinencie
,
or
drunkennesse
,
or
that
shall
be
before
hande
notified
to
him
the
said
A.
B.
by
the
Constable
or
Borsholder
of
M.
aforesaid
,
for
the
time
being
,
or
by
the
Deputie
of
either
of
them
,
to
be
an
vnmeete
person
to
be
rcceiued
into
a
common
Alehouse
:
Nor
keepe
or
lodge
there
,
any
straunge
person
(
aboue
the
space
of
one
day
and
one
night
togeather
)
without
notice
thereof
first
giuen
to
the
Confiable
or
Borsholder
,
or
the
Deputie
of
the
one
of
them
,
there
:
And
finally
,
if
he
the
said
A.
B.
during
all
the
time
that
he
shall
keepe
common
felling
of
Ale
or
Beere
in
the
said
house
,
shall
and
will
there
vse
and
maintaine
good
order
and
rule
.
That
then
this
present
Recognusance
&c.
or
elfe
,
&c.
Two
Iustices
of
the
peace
(
to
that
the
one
Be
of
the
Quorum
)
map
(
by
examination
,
or
Inquirie
)
heare
and
determine
the
faultes
of
heade
Dissicers
in
cities
,
Boroughs
,
and
market
lowness
,
that
doe
not
twice
pearely
view
and
examine
Weightes
,
and
Measures
,
and
brake
and
burne
the
defediue
:
as
also
the
defaults
of
Buyers
and
sellers
by
other
meightes
and
measures
than
they
ought
to
doe
,
and
may
brake
and
burne
the
desectiue
weightes
and
measures
,
and
amerce
and
fine
the
offendours
by
their
discretion
,
and
make
processe
against
them
,
as
if
they
were
indisted
of
Trespasse
against
the
peace
.
11.
H.
7.
ca.
4.
&
12.
H.
7.
ca.
5.
Two
suche
Iustices
,
may
give
licence
to
Fencers
,
Beareweards
,
Common
players
in
Enterludes
,
Minstrels
,
Iuglers
,
Pedlers
,
Tinkers
,
and
Petiechapmen
,
to
goe
abroade
so
as
they
shall
not
be
taken
as
koges
.
14.
Eli
zab.
ca.
5.
Sute
may
be
commenced
against
a
high
Constable
in
the
name
of
two
of
the
next
Iustifices
of
the
Peace
to
the
place
(
if
it
be
out
of
citie
,
Borough
and
Lowne
corporate
,
)
for
not
suing
a
negligent
Collector
of
the
money
for
the
poore
within
the
time
limitted
by
the
Statute
:
and
they
shall
euerie
halfe
years
take
the
account
of
such
Collector
,
and
may
take
order
with
the
Surplusage
of
such
collection
,
and
may
also
commit
him
to
prison
for
refusing
to
account
,
or
to
bring
in
his
surplusage
contrarie
to
the
Statute
14.
Elizab.
cap.
5.
Two
Iustices
of
the
Peace
(
the
one
being
of
the
Quorum
)
may
imprison
such
as
doe
refuse
to
give
towardes
the
reliefe
of
the
poore
,
or
doe
discourage
other
to
give
.
Elizab.
cap.
5.
Two
Iustices
of
Peace
(
the
one
being
of
the
Quorum
)
in
,
or
next
to
the
limits
where
the
parish
church
is
,
in
which
a
Bastard
child
(
left
to
the
charge
of
the
Parsh
)
shal
be
borne
,
ought
to
take
order
by
their
discretion
,
as
wel
for
the
reliefe
of
the
Parish
and
the
keping
of
the
childe
,
as
also
for
the
punishment
of
the
mother
and
reputed
father
therof
18.
Eli.
ca.
3.
Two
Iustices
of
Peace
(
the
one
being
of
the
Quorum
)
vpon
complaint
by
any
competent
Iudge
of
Tithes
,
for
any
misdemeanour
of
the
defendant
in
a
sute
of
Lithes
,
may
cause
him
to
be
attached
,
or
committed
to
warde
,
till
he
finde
suertie
unto
them
by
Kecognusance
to
the
Kings
use
,
to
obey
the
Processe
and
Sentence
of
that
Iudge
27.
H.
8.
ca.
20.
And
also
vpon
complaint
in
writing
by
an
Ecclesiasticall
Iudge
that
hath
given
definitive
sentence
in
case
of
Lithes
(
against
one
which
wilfully
refuseth
to
pay
the
Lithes
,
or
summes
of
money
so
adiudged
)
two
such
Iustifices
may
cause
the
partie
to
be
attached
,
and
committed
to
the
next
Gaole
,
till
he
finde
such
suertie
as
is
aforesayd
to
performe
that
sentence
32.
H.
8.
ca.
7.
Two
Iustices
of
Peace
,
dwelling
next
any
Citie
or
Towne
,
where
any
Ketaylour
of
wollen
cloth
shall
present
unto
them
any
defective
cloth
against
this
Statute
being
conferred
with
the
Statute
4.
&
5.
Phil.
&
Mar.
ca.
5.
shall
cause
the
same
to
be
cut
into
thrée
equall
partes
,
whereof
the
one
to
be
to
the
Queene
,
the
other
to
the
Presentours
,
and
the
third
to
the
Iustices
them selues
5.
Ed.
6.
cap.
6.
No
Fisherman
shall
be
taken
to
serue
as
a
Mariner
by
the
Queenes
Commission
,
but
by
the
choice
of
two
Iustices
of
the
Peace
adioyning
to
the
place
where
he
is
to
be
taken
5.
Elizab.
ca.
5.
Two
Iustices
of
the
Peace
(
not
being
of
kinred
,
alliance
,
counsell
,
or
sée
,
to
the
Lord
(
or
owner
of
a
woode
)
appointed
by
the
more
parte
of
the
Iustices
of
Peace
at
their
Sessions
,
vpon
complaint
of
the
Lorde
made
unto
them
,
may
divide
&
set
out
the
fourth
parte
of
it
,
if
the
Lord
and
Commoners
therof
(
being
first
called
before
them
)
can
not
agree
vpon
it
.
35.
H.
8.
ca.
17
:
&
13.
Eliz.
ca.
25.
Two
Iustices
of
the
Peace
whereof
the
one
to
be
of
the
Quorum
(
appointed
by
the
Custos
in
the
CoūRotulorum
or
by
the
Eldest
of
the
Quorum
in
his
absence
)
are
to
ouversée
&
controle
the
Shirifes
bookes
and
amercements
,
&
the
estreits
of
the
said
amercements
,
are
to
be
made
by
Indenture
betwene
them
and
the
Shirife
or
undershirife
,
&
to
be
sealed
with
their
seales
;
And
they
may
vpon
suggestion
make
proces
as
in
an
action
of
Trespasse
against
the
offendors
&
against
the
Statute
to
aunswere
before
them
.
11.
H.
7.
ca.
15.
And
here
also
,
is
place
for
those
private
Actes
,
wherein
any
power
is
given
to
two
Iustices
of
the
Peace
,
as
,
5.
E.
6.
ca.
24.
For
the
making
of
Couerlets
&
Dernikes
,
in
Norwich
.
35.
H.
8.
ca.
II.
Forwages
of
the
knights
of
Parle
met
.
II.
H.
7.
ca.
9.
For
recognusances
to
be
taken
of
Lessces
in
Northumberland
.
2.
8.
c.
3.
Phil.
&
Mar.
ca.
15
:
&
13.
Elizab.
Cap.
21.
For
prohibition
of
purueiances
,
within
fiue
miles
of
either
of
the
vniuersities
.
14.
H.
8.
ca.
6.
&
26.
H.
ca.
7.
For
laying
out
new
high
waies
,
in
Kent
and
Sussex
.
23.
Eliz.
ca.
II.
For
the
repairing
of
Cardiffe
bridge
.
What
things
,
three
,
or
moe
,
Iustices
of
the
Peace
may
do
out
of
the
Sessions
.
CAP.
XXIIII
THe
Auctoritie
as
well
of
any
two
Iustices
of
the
Peace
generally
,
as
of
some
certayne
two
susfices
specially
,
being
thus
at
some
length
unfolded
,
it
remaineth
that
(
for
an
ende
)
we
speake
somewhat
of
thréee
,
and
the
greater
number
.
Thrée
Iustices
of
the
Peace
(
one
of
them
being
of
the
Quorum
)
may
discharge
out
of
prison
,
any
person
committed
thither
for
his
offence
in
not
declaring
to
a
Iustice
(
within
24.
houres
)
that
he
was
moved
to
ioyne
in
any
unlawful
Assembly
contrary
to
the
statnte
.
1.
Mar.
1.
Parl.
ca.
12
&
1.
Eliz.
ca.
17.
It
is
requisite
that
the
Certisicat
(
that
is
to
be
made
to
the
heade
Officer
of
a
Citie
or
Towne
corporate
,
where
a
childe
is
to
be
put
Apprentice
to
a
Marchaunt
,
Hercer
Draper
,
Botosmith
,
Ironmonger
,
Imbrode
,
derer
or
Clothier
,
that
the
father
or
mother
of
such
childe
may
dispende
fortie
shillings
fréehold
by
yeare
)
be
bunder
the
handes
and
seals
of
thrée
Iustices
of
the
Peace
where
the
lands
lye
.
5.
Eliz.
ca.
4.
Thrée
Iustices
of
the
Peace
(
the
one
of
the
being
of
the
Quorum
)
may
with
the
Surplusage
of
the
collections
and
forfaitures
,
by
their
discretions
settle
the
Koges
(
borne
,
or
abyding
for
the
most
parte
of
thrée
yeares
,
in
that
Shire
)
to
worke
,
there
to
be
holden
to
worke
by
ouerfeers
,
14.
Eliz.
ca.
5.
The
Bishop
&
his
Chauncelour
,
and
thrée
such
Iustices
of
the
Peace
,
haue
power
to
eramine
,
how
money
or
other
reliefe
(
appointed
by
King
Henrie
the
eight
,
or
any
other
,
to
the
bse
of
the
Poore
,
or
of
amending
of
Highwayes
or
Bridges
)
is
bestowed
,
and
to
cal
to
account
the
deteiners
thereof
,
&c.
14.
Elizab.
cap.
5.
If
séemeth
,
that
thrée
such
Iustices
of
the
Peace
may
out
of
the
Sessions
take
information
and
accusation
by
the
oathes
of
two
honest
persons
,
against
such
as
shal
depraue
the
Sacrament
of
the
body
and
bloud
of
our
Lord
and
Sauiour
lesus
christ
,
against
the
Statute
:
and
cramine
them
,
what
other
witnesses
were
then
by
:
and
to
bynd
them
al
by
Kecognusance
,
to
give
in
euidenee
at
the
day
of
triall
.
1.
E.
6.
ca.
1.
but
enquire
of
this
matter
.
Foure
Iustices
of
the
Peace
(
where
of
one
to
be
of
the
Quorum
)
may
(
where
a
decayed
Bridge
is
,
&
where
it
can
not
be
proued
who
,
or
what
lands
,
be
chargeable
to
the
repairing
therof
)
fare
the
inhabitants
,
make
collectors
,
and
appoint
ouerséers
,
for
the
amendement
of
the
same
&c.
22.
H.
8.
ca.
5.
Sire
Iustices
of
the
Peace
,
may
in
sundrie
shires
take
order
for
common
Gaoles
,
wherof
the
Shirite
shal
have
the
custody
,
and
to
the
which
murderers
&
felons
&c.
shal
be
sent
:
and
may
be
&
performe
diuers
incidentes
thereto
by
the
Statuts
.
23.
H.
8.
ca.
2
:
&
13
Eliz.
ca.
25.
Sire
Iustices
of
the
Peace
(
two
of
the
being
of
the
Quorum
)
may
for
a
whole
yeare
after
the
expiration
of
any
Commission
of
Sewers
,
cxecute
the
lawes
of
the
Comissioners
of
Sewers
,
vnlesse
that
a
new
Commission
of
Sewers
be
published
within
the
yere
.
13.
El.
&c.
9
To
this
Title
also
,
do
these
particuler
Statutes
belong
.
13.
El.
ca.
23
:
&
23.
El.
ca.
12.
For
pauing
the
streete
by
Alegate
.
34.
H.
8.
ca.
For
establishing
Iustices
of
the
Peace
in
Wales
&c.
27.
H.
8.
c.
5
For
Iustices
of
the
Peace
in
Cheshire
,
&c.
23.
H.
8.
ca.
2
:
&
5.
Eliz.
ca.
24
:
&
13.
Eliz.
ca.
25.
For
the
appointing
&
building
of
Gaoles
,
in
sundry
shires
.
18.
El.
ca.
20.
For
amending
of
Bridges
within
fiue
milis
of
Oxford
.
18.
Eliz.
ca.
10.
For
the
reparation
of
the
ferry
called
the
Kings
ferrie
in
the
Isle
of
Shepey
in
Kent
.
Of
the
reward
,
&
punishment
,
of
Iustices
of
the
Peace
,
for
things
done
,
not
done
,
or
misledone
,
out
of
the
Sessions
of
the
Peace
.
CAP.
XXV
.
OF
Reward
and
Punishmet
(
as
said
Soiō
)
all
Common
weales
doe
consist
:
for
as
the
care
of
equitie
and
Iustice
waxeth
cold
,
vnlesse
there
be
rewarde
readie
for
vertue
:
So
the
negligence
of
euill
men
must
néedes
be
corrected
by
seueritic
and
chastisement
of
paines
.
And
therefore
,
albeit
the
meaning
of
our
Parliamentes
hath
alwayes
béene
,
that
choise
should
be
made
of
such
persons
for
this
Office
of
the
Peace
,
as
néeded
no
rewarde
for
their
trauaile
in
that
behalfe
,
yet
to
the
ends
that
they
shoulde
with
the
more
alacritie
and
chéerefulnesse
procéede
in
their
affaires
,
they
do
nowe
and
then
cast
them
a
trifle
,
rather
to
let
them
knowe
that
they
doe
beholde
their
well
doing
,
than
that
they
ffande
in
néede
of
any
recompence
.
Hereupon
euerie
Iustice
of
Peace
,
stting
in
ececution
of
the
Statute
of
Labourers
&
Seruauntes
,
shall
haue
fiue
shillings
the
day
(
for
thrée
daies
togither
)
out
of
the
forfeitures
that
grow
by
the
same
Statute
5.
Eliz
ca.
4.
And
if
any
persons
(
commaunded
by
two
Iustices
,
of
Peace
to
appeare
,
to
be
made
an
ouerséer
to
sée
Statute
of
Cloth
making
kept
)
doe
(
without
reasonable
excuse
)
refuse
to
come
and
to
take
vpon
him
that
office
,
he
is
to
forfeit
for
euery
such
refusall
fortie
fhillings
:
and
thereof
those
Iustices
are
appointed
to
haue
the
one
halfe
by
the
,
Statute
,
3.
E.
,
6.
ca.
2.
Those
two
Iustices
of
Peace
also
hert
adjoyning
,
to
whome
any
Cloth
(
faultie
against
the
statutes
)
shall
be
presented
,
may
cut
the
same
into
thrée
equall
peeces
,
and
shall
haue
to
them selues
the
one
of
the
same
,
by
the
Ad
5.
E.
6.
ca.
6
:
&
4.
E.
5
:
Phil.
&
Mar.
ca.
5.
And
euery
Iustice
of
the
Peace
,
is
allowed
to
retaine
to
his
owne
bse
,
the
one
moitie
of
all
straungers
goods
,
calling
them
selucs
Egiptians
that
he
shall
lawfully
seise
,
by
ver
fue
of
the
Statute
.
22
,
H.
8.
ca.
10.
The
Iustice
,
or
Iustices
of
the
Peace
,
that
doe
ioyne
with
Clerke
of
the
Peace
,
in
taking
&
Conusance
of
an
Indenture
of
bargaine
&
sale
of
land
to
be
Inrolled
,
shall
haue
ry
.
●
.
therfore
,
if
the
land
excéede
not
in
value
●l
.
●
.
by
the
yeare
,
and
y.
●
.
vj.
●
.
if
it
do
excéd
that
value
,
by
the
Statute
27.
H.
8.
ca.
16.
The
Queenes
highnesse
shall
beare
the
costes
that
the
Iustices
of
Peace
shall
sustain
in
the
cxecution
of
the
Statute
of
Riots
,
●
.
made
13.
H.
4.
ca.
7
:
by
2.
H.
5.
cap.
8.
And
the
Iustices
of
the
Peace
shal
make
execution
of
●
Statute
of
forcible
Cntries
,
at
the
costs
&
charges
of
the
party
gréeued
.
3
H.
6
ca.
9
And
twelue
pence
is
giuen
to
the
two
Iustices
of
Peace
for
euery
Recognusaunce
taking
,
of
him
that
is
allowed
to
képe
a
common
Alehouse
,
by
Statute
5.
E.
6.
ca.
25.
On
the
other
side
also
,
the
Statutes
doe
nowe
and
then
correcte
the
dulnesse
of
these
Iustices
with
some
strokes
of
the
rodde
or
spurre
.
And
the
Statute
of
Riots
&c.
(
13.
H.
4.
c.
7
)
layeth
C.
it
.
forfeiture
vpon
those
Justices
of
Peace
that
shal
dwell
nighest
to
the
Riot
,
&c.
if
thay
doe
not
put
that
Statute
in
execution
.
And
those
Iustices
of
the
Peace
,
and
Shirife
,
or
Vndershirife
,
which
(
in
sending
their
Certificat
to
the
Queen
&
hir
counsel
,
concerning
such
a
Riot
)
do
not
with
all
certifie
the
names
of
the
mainteinors
&
embraceors
in
that
behalf
,
with
their
misdemeanors
that
they
knowe
,
shall
euerie
of
them
forfeite
twentie
pounds
,
bnlesse
they
haue
reasonable
excuse
for
not
certifying
the
same
.
19.
H.
7.
ca.
13.
That
Iustice
of
the
Peace
whyche
seiseth
the
goodes
of
any
Egyptians
,
and
doth
not
incontinently
restore
such
part
thereof
as
shall
be
proued
before
hym
,
to
haue
bene
craftily
or
feloniously
taken
,
shall
forfeite
the
double
thereof
,
to
such
prouer.
22
,
H.
8.
cap.
10.
That
Iustice
of
Peace
which
doth
not
(
vpon
request
made
)
giue
attendance
vpon
the
Queencs
Lieutenante
of
the
Shire
,
for
the
suppreffion
of
anye
Rebellion
,
or
vnlawfull
assmblie
,
shal
suffer
a
yeres
imprisonment
,
vnlesse
there
be
cause
of
reasonable
excuse
.
1.
Mar.
Parl.
1.
cap.
12
:
&
1.
Elizab.
cap.
17.
If
any
Iustice
of
Peace
shall
be
proued
to
be
in
dcfault
,
about
the
execution
of
the
Act
of
the
Poore
,
by
two
sufficient
witreffes
beefore
the
Iustices
of
Assise
,
at
their
nexte
generall
Gaole
deliuerie
,
he
shal
loose
o.
tt
.
14.
Eli.
cap.
5
That
next
Iustice
of
Peace
which
faileth
in
presenting
the
name
of
him
that
preseteth
it
to
him
,
according
to
the
Statute
of
shooting
in
Crosbowes
,
or
Gunncs
,
shall
forfaite
●
shillings
.
2.
E.
6.
ca.
14.
That
Iustice
of
Peace
,
whyche
doeth
not
(
wythin
fouretéene
dayes
,
after
matter
vtt●
red
to
hym
concerning
any
Agneus
Dei
,
&c.
)
signifie
the
same
to
some
one
of
the
Queenes
priuie
Counsell
,
shall
incurre
the
paines
of
the
Acte
.
16.
R.
2
of
.
Premunire
13.
Eli.
ca.
2.
That
Iustice
of
the
Peace
,
whyche
(
hauing
taken
any
examination
concerning
Plaintes
in
the
Shirifes
Courte
)
doeth
not
Certifie
the
same
into
the
Escheaquer
within
one
quarter
of
a
yeare
after
,
shall
loose
fortie
sillings
for
his
default
,
11.
H.
7
qa
.
15.
Those
Iustices
of
the
Peace
,
which
do
grant
any
Baile
contrarie
to
the
Law
,
or
do
not
certifie
the
Baile
&
examination
of
the
Felonie
,
according
to
these
Statutes
,
shall
paye
suche
Fine
,
as
the
Iustices
of
Gaole
deliueris
shall
thinke
méete
1.
&
2.
Phil.
&
Mar.
cap
:
.
13
:
&
2.
&
3.
Phil.
&
Mar.
ca.
10.
Euerie
Iustice
of
Peace
,
the
(
dwelling
with
in
7.
miles
London
)
doth
not
(
vpon
request
)
assist
the
Colledge
of
Phisitions
of
London
in
the
execution
of
the
Statute
.
32.
H.
8.
ca.
8
shall
bée
punished
,
as
one
that
runnth
in
contept
of
the
Queene
.
1.
Mar.
ca.
9.
And
how
that
Iustice
of
the
Peace
shal
be
punished
,
that
shal
take
vpon
him
the
office
,
not
hauing
twentie
pounds
in
lands
,
it
hath
lands
.
bene
shewed
alreadie
.
ca.
6.
THE
EPILOGVE
.
THVS
muche
(
so
shortly
as
I
coulde
)
I
thought
fit
to
say
concerning
the
audoritie
of
Iustices
of
the
Peace
,
without
the
Sessions
:
wherin
J
haue
rather
sought
to
admonish
them
(
by
a
sleight
view
and
rehearsall
,
of
the
most
parte
)
what
things
they
haue
to
handle
,
than
laboured
to
accomplishe
them
(
with
ful
skill
)
how
to
administer
&
execute
them
all
.
Neither
doeth
that
knowledge
lye
in
my
power
,
but
in
,
but
in
their
owne
diligence
&
muste
therefore
bée
woonne
by
a
continuall
studie
and
painfull
meditation
of
the
Statutes
at
large
:
towardes
their
helpe
and
furtherance
wherein
,
J
haue
entreated
a
godly
and
learned
Gentleman
(
M.
Iohn
Tyndall
,
a
friende
and
fellow
of
mine
in
Lincolnes
Inne
)
to
take
the
paines
to
cull
out
all
those
Statutes
by
them selues
which
are
now
in
force
,
and
wherewithall
Iustices
of
the
Peace
haue
to
deale
:
not
altogither
beheading
the
of
their
preambles
:
For
any
whit
curfailing
the
:
the
of
their
words
:
For
other
wise
dismembring
them
,
or
scattering
their
partes
in
sunder
:
But
laying
foorth
bodies
of
them
whole
and
at
large
,
vnder
their
proper
Titles
,
togither
with
the
material
parts
of
al
their
preambles
,
and
not
without
any
of
their
prouisoes
:
Eherewithal
amending
the
corruptions
of
the
English
translation
out
of
yelatine
&
french
:
And
finally
,
adding
vnto
the
(
where
néede
shall
be
)
some
notes
of
helpful
direction
:
which
things
no
man
(
that
I
know
)
hath
hitherto
assayed
.
And
this
shal
shortly
(
I
trust
)
come
to
light
,
either
in
a
seuerall
Volume
by
it selfe
,
or
so
marked
in
M.
Rastals
Abridgement
,
that
every
man
(
that
will
)
may
easisly
finde
much
good
by
it
.
THE
SECONDE
BOOKE
,
INTREAting
of
the
Sessions
of
the
Peace
,
and
of
things
incident
therevnto
.
THE
PROHEME
.
IT
may
peraduenture
séeme
,
that
having
alreadye
stoode
long
in
matters
that
were
of
the
lesse
importance
,
and
such
as
might
be
dispatched
at
home
sine
strepitu
,
I
will
be
now
both
long
and
tedious
when
I
beginne
with
those
of
greater
weight
and
which
dos
require
the
solemne
Benche
.
But
,
as
at
the
first
I
thought
it
téte
to
help
most
,
where
most
néde
was
,
I
meane
,
wherer
one
or
two
Iustices
(
pressted
with
the
necessitie
of
tyme
,
and
destitute
of
the
assistaunce
of
their
learned
companions
)
were
to
administer
office
alone
:
So
nowe
,
knowing
that
at
the
Sessions
of
the
Peace
there
be
commonly
many
Iustices
in
number
,
and
amongest
them
sundrie
so
well
instructed
in
lawe
,
as
in
being
too
busic
with
that
which
belongeth
thereto
,
I
shall
(
as
the
saying
is
)
but
sette
a
candle
in
the
Sunne
shine
,
and
rather
bewray
want
in
my selfe
than
bring
helpe
or
light
vnto
them
.
I
purpose
to
runne
ouer
this
residue
more
swiftly
,
except
it
be
in
a
fewe
places
,
where
either
the
profite
,
or
necessitie
,
(
or
both
)
of
the
matters
them selues
shall
begge
licence
and
pardon
for
me
.
The
description
of
the
Sessions
of
the
Peace
.
CAP.
I.
AS
a
man
that
hath
reseaed
hurt
in
his
bodie
by
a
stroke
wher
of
he
bléedeth
freshely
,
will
be
contented
for
the
present
to
admitte
the
helpe
of
any
meane
Leche
or
Surgeon
(
comming
next
to
hande
)
for
the
staun●hing
of
his
blood
,
&
binding
up
of
the
wound
,
and
yet
would
more
gladly
have
vsed
the
conference
of
diuers
expert
Surgeons
for
doing
the
same
if
the
danger
of
the
hurt
would
have
graunted
the
time
that
will
be
lost
in
calling
them
together
:
So
also
the
common
councell
of
this
Realme
,
finding
that
the
bedie
of
it
may
be
déepely
wounded
in
some
one
member
,
and
perceiuing
that
some
euills
must
be
resisted
at
the
verie
first
,
(
least
otherwise
they
grow
past
helpe
,
and
ware
incurable
)
hath
many
times
thought
it
good
to
committe
to
one
,
or
to
a
fewe
Iustices
of
the
Peace
(
for
that
they
be
readie
,
and
at
hande
)
the
sfopping
of
the
blood
(
as
it
were
)
and
first
dressing
of
the
wounde
,
by
repressing
of
force
,
and
other
outrages
,
that
doe
soudainly
arise
:
and
hath
yet
neuerthelesse
(
when
as
the
tyme
and
matter
will
permit
)
politikely
established
an
assemblie
,
and
conference
of
all
the
Iustice
at
certaine
tyme●
in
full
Court
,
and
open
Session
.
And
as
it
is
true
,
thatif
the
publiqus
peace
shoulde
not
be
preserued
by
taking
of
Suertie
,
before
it
be
broken
,
If
suche
as
doe
violate
the
commune
tranquilitis
shoulde
not
be
committed
to
prison
,
when
they
have
broken
it
,
If
seditious
talebearers
(
the
sowers
of
Kebellion
)
shoulde
not
bée
snapt
vppe
and
restreyned
,
If
finally
riotous
assemblies
should
not
be
dispersed
,
and
forcible
inunasions
withstoode
and
remoued
,
the
hurte
bodie
woulde
bléede
to
deathe
,
and
too
late
and
in
baine
woulde
it
bée
to
summone
a
session
for
remedie
.
So
when
the
bridele
is
once
cast
vpon
the
heade
of
the
offender
,
then
,
and
not
before
is
the
matter
readis
for
the
sitter
.
And
great
and
many
are
the
profittes
,
that
woulde
followe
of
these
Sessions
,
if
they
were
often
kept
,
and
duely
ordered
.
I
will
for
this
tyme
call
a
Session
:
of
the
Peace
An
assemblie
,
of
any
two
(
or
moe
)
Iustices
of
the
Peace
(
one
of
them
being
of
the
Quorum
)
at
a
certaine
daye
(
and
place
within
the
limittes
of
their
Commission
)
appointed
,
to
enquire
by
a
Iuric
,
or
otherwise
,
to
take
knowledge
,
and
therevpon
to
proceedc
to
heare
and
determine
,
according
to
their
power
,
of
the
matters
within
their
Commission
,
and
Statutes
referred
to
their
charge
.
And
this
Description
excludeth
all
méetings
,
that
are
onely
for
Enquirie
,
in
se
much
as
to
enquire
,
and
not
to
heare
and
determine
,
is
but
a
halfe
doing
,
and
not
worthye
the
name
of
a
Session
of
the
Peace
.
It
shutteth
out
also
,
such
assemblics
as
doe
consist
of
two
Iustices
of
the
Peace
,
méeting
onely
to
enquire
,
heare
,
and
determine
of
a
Riotte
,
by
vertue
of
fhe
Statute
13.
H.
4.
for
that
may
they
doe
(
as
also
the
former
)
though
neyther
of
them
bée
of
the
Quorum
.
So
that
it
is
but
a
particular
seruice
layde
vppon
two
Iustices
and
the
Shirife
,
by
this
Statute
,
and
the
Record
thereof
shall
not
(
as
I
thinke
)
remayne
amongest
the
Recorder
Of
the
Sessions
Of
the
Peace
,
as
hath
bene
sayd
already
.
And
therfore
the
assemblie
that
I
meane
,
is
a
méeting
of
such
Iustices
for
the
execution
of
their
generall
auctoritie
:
and
albeit
that
happily
some
one
matter
bée
the
motiue
and
thiefe
cause
of
their
comming
togither
,
yet
if
they
deale
with
that
and
others
(
witthin
their
Commission
and
charge
)
let
it
on
Gods
name
passe
for
a
Session
of
the
Peace
according
to
my
meaning
.
These
Sessions
of
the
Peace
then
,
bés
grounded
,
chiefely
vppon
the
wordes
of
the
thirde
Assignauimus
in
the
Commission
,
the
which
(
béeing
,
duos
vestrum
,
quoruus
aliqucm
,
&c.
)
doe
very
necessarily
require
the
presence
of
one
of
the
Quorum
:
for
the
wordes
of
the
seconde
Assignauimus
,
doe
give
no
power
to
heare
and
to
determine
,
but
onely
to
make
enquirie
.
Which
thrée
thinges
,
namely
,
to
Enquire
,
Heare
,
and
Determine
,
doe
(
in
effect
)
comprehends
whatatsoeuer
belongeth
to
these
Sessions
:
So
that
euerie
thinge
,
whereof
I
shall
hereafter
intreate
,
will
concern
,
eyther
the
Information
of
the
Iustices
by
enquirie
,
and
other
méete
meane
:
Dr
the
Hearing
and
tryall
of
the
cause
:
Dr
the
Iudgement
and
execution
(
which
is
the
determining
)
given
and
done
dponit
.
Who
shall
appoint
the
Sessions
of
the
Peace
:
and
how
:
and
where
.
CAP.
II
THe
Iustices
of
the
Peace
,
doe
(
at
their
Sessions
)
take
knowledge
of
causes
with
in
their
Iurisdiction
,
eyther
by
the
Dath
Of
lnquirours
,
or
by
the
presentment
or
declaration
of
other
men
:
And
this
Inquirie
is
firste
prepared
,
by
the
apparance
of
the
Officers
and
Countrie
,
&
by
the
Articles
giuen
in
charge
:
and
then
performed
,
by
the
presentment
(
or
Jnditement
)
of
them
that
had
the
charge
to
make
it
.
The
vsuall
manner
of
calling
the
Officers
and
Countie
togither
for
this
feruice
,
is
by
a
Precepte
to
the
Shirife
,
wherein
both
the
disposition
of
the
Iustices
is
notified
for
)
the
holding
of
a
Session
,
and
feruice
and
attendaunce
of
those
others
is
cornmaunded
to
bée
thereat
with
them
,
which
they
be
wel
warranted
to
directe
vnto
him
,
by
the
laste
Assignauimus
of
theic
Commmission
,
and
the
Mandauimus
that
followeth
thervpon
.
The
Forme
thereof
hath
bene
like
this
:
Thomas
Randolphe
,
&
Thomas
Wotton
,
duo
Iusticiarierum
Do.
Reg.
ad
pacem
in
Comitaiu
Kancia
conseruandam
,
necnon
ad
diuersa
,
felonias
,
transgrossiones
,
&
alia
malefacta
in
dicto
Comitatu
perpetrata
,
audienda
&
terminanda
assignatorum
,
Vicecomiti
eiusdem
Comitatus
,
Salutem
:
Ex
parte
dictae
Dominae
Reginae
tibi
praecipimus
,
quod
non
omittas
propter
aliquam
libertatem
in
Balliua
tua
quin
cam
ingrediaris
,
&
venire
facias
coram
nobis
vel
socijs
mostris
Iusticiarijs
pacis
&
.
(
tali
die
&c
)
proximè
futuro
apud
Maidstone
in
Comitatu
pradicto
,
24.
liberos
&
legales
homines
de
quolibet
hundrede
in
Balliua
tua
,
tam
infra
libertates
quàm
extra
,
ad
faciendum
&
exequendum
tunc
&
ibidem
ea
qua
ex
parte
dictae
Deminae
Reginae
eis
iniungentur
:
Scire
facias
etiam
omnibus
Coronatoribus
Comitatus
tui
,
Seueschallis
Constabularijs
,
Subconstabularijs
,
&
Balliuis
,
infra
Hundreda
praedicta
,
quod
sint
tumc
ibi
ad
faciedum
&
perimplendum
ea
qua
ex
parte
Dicta
Dominae
Reginae
eis
tunc
&
ibidem
smiliter
pracipientur
:
Et
tu
ipse
tunc
sis
ibidem
ad
faciendum
&
exercendum
ea
quao
ad
officium
tuum
pertinent
,
&
habeas
ibi
tunc
nomina
Iuratorum
,
Cosronatorum
,
Seneschallorum
,
Constabularierum
,
&
Balliuorum
praedictorum
,
&
hoc
praceptum
.
23.
This
precepte
may
bée
made
by
any
two
Iustices
of
the
Peace
,
so
that
the
one
of
them
bée
of
the
Quorum
for
two
such
may
holde
a
Session
of
the
Peace
,
as
it
doth
plainely
appeare
by
the
Commission
:
and
therefore
(
as
Maister
Marrowe
saith
)
it
sufficeth
not
to
have
it
runne
vnder
the
name
of
the
Custos
Rotulorum
alone
,
séeing
that
he
hath
no
more
auctoritie
in
this
behalfe
,
than
one
of
his
fellowes
hath
:
for
the
worus
of
the
said
Mandauimus
in
the
Commission
to
the
Shirife
be
,
Coram
vobis
,
sen
aliquibus
vostrum
,
venire
faciat
,
tot
,
&
tales
&c
Ypa
,
if
two
such
Iustica
make
a
precept
for
a
Session
of
the
Peace
,
all
their
fellow
Iustices
,
can
not
discharge
it
by
their
Supersedeas
,
but
a
Supersdeas
out
of
the
Chaunccrie
wil
discharge
it
,
sayth
Fitzherberf
.
And
if
one
Iustice
of
the
Peace
alone
woulde
take
vpon
him
to
holde
a
Session
of
the
Peace
that
was
alreadie
summoned
by
suche
two
Ius
;
tices
,
and
wyll
make
the
Stile
of
the
Session
in
the
names
of
hym
slefe
and
the
other
Iustice
,
all
pre
sentmentes
so
taken
before
him
may
bée
auoided
:
if
the
Sessions
bée
in
trueth
holden
by
two
suel
sufficient
Iustices
only
,
and
the
Stile
(
or
Title
)
thereof
bée
made
in
the
names
of
thrée
,
then
al
the
presentments
before
them
shall
stand
good
.
For
it
will
not
helpe
the
partie
to
saie
,
that
one
of
fhe
thrée
was
not
there
,
when
it
shall
appeare
that
was
of
them
(
the
one
being
of
the
Quorum
)
were
present
,
which
will
suffise
.
Marr.
Touching
the
time
of
holding
the
Session
of
the
Peace
,
I
wil
forbeare
to
speake
,
till
I
shal
come
to
divide
the
Sessions
.
But
the
place
of
howing
them
is
arbi
,
trable
,
and
at
the
pleasure
of
the
Iustices
themselves
so
that
it
bée
méete
for
accesse
:
And
although
the
precept
doe
appointe
the
Session
to
bée
holden
in
some
one
Eowne
by
name
,
yet
may
the
Iusces
kéepe
it
inany
other
Eowue
,
and
all
the
presentments
shall
bée
good
that
shall
bée
taken
where
they
holde
it
:
But
,
no
amerciament
,
can
bée
fet
vppon
any
man
for
his
defaulte
of
apparanee
there
,
bicause
he
had
no
warning
of
it
,
faith
Marr.
So
if
〈◊〉
Iudices
make
a
precept
for
a
Session
to
bée
holden
in
dwne
Eowne
,
and
〈◊〉
other
Iustices
shoulde
make
an
other
Precept
for
an
other
Session
to
bée
holden
at
an
other
Towne
(
or
in
an
other
parte
of
the
same
Towne
)
the
same
daye
:
then
presentments
taken
before
eyther
of
them
shall
bée
good
.
Marr.
And
then
also
it
séemeth
,
that
he
whiche
serueth
at
the
one
Session
,
as
a
Iuror
,
or
Officer
,
shall
bée
excused
for
his
defaulte
at
the
other
,
bycause
they
bée
bothe
the
Queencs
Courtes
and
of
equall
auctoritie
.
And
albeit
that
these
Sessìons
bée
commonlie
and
most
orderlie
,
summoned
by
a
Precept
in
writing
,
yet
is
not
altogither
of
necesstie
to
haue
it
so
to
make
a
lawfull
Session
:
for
if
〈◊〉
such
Iustices
of
the
Peace
doe
gette
men
to
serue
,
and
doe
holde
a
Session
without
any
Precepte
before
directed
,
all
Presentmentes
made
before
them
by
twelue
men
shall
bée
of
force
in
Lawe
:
But
there
againe
,
no
man
shal
loose
any
thing
for
his
default
,
by
cause
none
had
notice
of
their
sitting
,
Marr.
What
persons
ought
to
appeare
at
these
Sessions
,
&
therin
of
the
Custos
Rotulorum
the
Recordes
of
the
Sessions
,
and
the
Clerke
of
the
Peace
,
and
how
the
Iurors
ought
to
bee
qualified
and
ordred
.
CAP.
III.
FOr
the
better
preparation
towards
thys
Enquirie
,
let
vs
pervse
the
persons
,
that
are
to
attende
and
do
seruice
at
the
Sessions
.
The
Iustices
of
the
Peace
bée
so
necessarie
,
as
without
theme
(
though
all
others
should
appeare
)
no
Session
can
bée
kept
:
and
,
yet
if
any
of
them
be
absent
,
their
fellow
Iustices
cannot
amerce
the
,
as
the
Iustices
of
Assise
may
do
for
their
absence
at
the
Gaoledeliuerie
:
for
,
Inter
paresnō
est
potestas
and
the
auctoritie
of
all
the
Iustices
of
the
peace
at
the
Sessions
is
equall
,
so
that
like
power
hath
)
he
which
is
not
of
the
Quorum
,
with
him
that
is
,
excepte
it
bée
in
speciall
cases
set
foorthe
in
the
Commission
and
Statutes
.
And
therfore
,
it
was
holden
(
3.
H.
7.
Fitzh
.
Tit.
Iustice
del
Peace
.
3
)
that
,
if
One
which
is
not
of
the
Quorum
,
wil
bée
so
bolde
as
to
rebuke
one
that
is
of
the
Quorum
he
&
his
companions
may
not
committe
him
to
prison
for
it
.
The
Recognusors
that
stand
bound
to
the
kéeping
of
the
Peace
,
and
to
appeare
at
the
Sesions
and
such
like
,
bée
commonly
tyed
to
the
Quarter
Sessions
,
wherevnto
I
am
not
yet
come
:
And
those
prisoners
that
are
sente
by
Iustices
of
the
Peace
for
felonie
or
manslaughter
,
or
suspition
therof
,
or
bée
lette
to
Baile
for
Mainprise
vpon
any
such
offence
,
be
reserued
till
the
Gaole
deliuerie
,
wherewith
I
have
not
to
do
:
The
rest
of
that
kinde
,
and
the
Rogues
&c
,
maye
bée
broughte
foorth
at
euerie
Sessions
of
the
peace
.
But
two
sortes
of
men
there
are
,
that
owe
theyr
Drdinarie
attendaunce
at
these
Sessions
,
that
is
to
say
the
Officers
(
or
Ministers
)
of
the
Courte
,
and
the
Iurors
of
the
Countre
.
Amongst
the
Officers
,
the
Custos
Rotulorun
hath
worthily
the
firste
place
,
bothe
for
that
hée
is
alwayes
a
Iustice
of
the
Quorum
in
the
commission
,
and
amongst
them
of
the
Quorum
,
a
manne
(
for
the
moste
parte
)
especially
piked
out
for
wisedome
,
countenance
,
and
credite
:
And
yet
in
this
behalf
hée
beareth
the
person
of
an
Officer
;
and
ought
to
attend
:
for
the
words
in
the
Commission
bée
to
him
by
name
,
Quod
ad
dies
&
loca
predicta
brenia
,
prac●pta
,
processus
,
&
indictamenta
praedicta
coram
vobis
&
dictis
soci●s
venire
faciatis
.
And
as
his
berie
name
sheweth
,
he
hath
the
custodie
of
the
Rolles
,
(
or
Recordes
of
the
Sessions
of
the
Peace
:
and
whether
the
custodie
of
the
Commission
of
the
Peace
it selfe
doe
perteine
to
him
alone
,
it
hath
bene
made
some
question
:
For
M.
Marrowe
sayth
,
that
seeing
the
other
Iustices
maye
holde
a
Session
without
him
,
it
is
méete
they
shoulde
then
haue
the
Commission
with
them
.
(
9.
E.
4.
2.
)
holdeth
,
that
a
Iustics
of
the
Peace
(
in
making
any
Iustification
by
vertue
of
his
Dffice
)
nédeth
not
to
the
we
the
Commifsion
of
the
Peace
,
because
(
saith
he
)
the
kéepyng
thereof
belongeth
to
the
Custos
Rotulorum
;
and
for
the
same
cause
also
,
the
Bailie
of
a
Iustice
of
the
Peace
shall
not
bée
driuen
to
she
we
the
Commission
,
as
it
séemeth
,
20.
H.
7.
7.
And
truely
,
since
it
is
suche
a
thing
,
as
can
remaine
but
in
the
handes
of
one
at
once
,
it
séemeth
moste
reasonable
,
that
hée
which
is
put
in
truste
with
the
reste
of
the
Records
,
should
be
credited
with
the
custodie
of
the
Commission
also
.
But
vnder
the
name
of
the
Recordes
of
Sessions
of
the
Peace
,
I
do
not
comprehende
all
manner
of
recordes
concerning
the
Peace
,
but
those
onely
whyche
oughte
to
be
at
the
Sessions
of
the
peace
:
as
Billes
,
Plaints
,
Information
,
Inditemets
,
Presentments
,
the
Roolles
of
Processcs
,
Trialles
,
Iudgements
,
and
Executions
,
and
all
other
the
Actes
,
of
the
Sessions
of
the
Peace
them selues
:
And
furthermore
,
the
Peace
&
good
Abearing
,
Recognusances
concerning
Felones
,
and
Alehouse
képers
,
and
suche
like
as
ought
to
be
certified
or
brought
to
the
Selssions
of
the
Peace
,
must
bé
numbered
amongest
the
Recordes
of
the
Sessions
of
the
Peace
:
For
of
all
these
there
may
be
vse
at
the
Sessions
,
and
therefore
the
Custos
Rotulorum
,
or
some
for
him
,
ought
to
bé
readie
to
shew
them
.
2.
H.
7.
●
.
)
Yet
now
,
by
the
Statute
(
3.
H.
7.
cap.
1.
)
he
ought
to
certifie
,
send
,
or
bring
it
to
the
nexte
Sessions
of
the
Peace
,
that
the
partie
may
be
called
,
and
to
the
ende
also
,
that
his
default
(
if
he
make
any
may
be
recorded
:
and
by
such
record
of
his
default
,
he
is
concluded
to
say
,
that
he
appeared
there
,
13.
E.
4.
As
for
Precepts
for
Suertie
of
the
Peace
,
special
Records
for
conuictions
of
forcible
cntries
,
Riots
,
&
such
like
,
as
he
made
out
of
the
Sessions
of
the
Peace
by
particular
Iustices
;
&
be
to
remaine
with
theselues
,
&
not
appointed
to
be
certified
thither
,
I
can
not
recken
them
in
the
number
of
the
Recordes
of
the
Sessions
of
the
Peace
:
no
more
than
I
can
well
doe
the
Inrolments
of
bargains
and
sales
,
and
such
other
Recordes
lying
in
the
charge
of
the
Custos
Rot●lorum
;
or
Clark
of
the
Peace
.
But
M.
Brooke
(
Tit.
Commission
.
11.
)
addeth
,
that
the
Records
of
the
Iustices
of
the
Gaole
Deliuerie
do
remaine
amongest
the
Records
of
the
Peace
also
:
ho
wheit
,
I
think
he
meant
notit
of
all
the
Recordes
of
the
Gaole
deliuerie
:
for
,
as
the
Iustices
of
Gaole
deliuerie
haue
their
proper
Clearke
,
whiche
maketh
vp
,
&
kéepeth
the
Records
of
things
determined
by
that
Commission
:
so
the
same
Iustices
(
being
withal
Iustices
of
Peare
)
do
leaue
wyth
the
Clarke
of
the
Peace
,
Indiremets
,
&
such
causes
of
the
Peace
,
as
be
not
determined
,
but
hang
in
mocesse
,
to
the
end
offendors
may
be
more
spéelig
;
vily
Iusticed
.
And
it
appeareth
13.
H.
4.
10.
that
Hanford
Iustice
of
Gaole
deliuerie
at
his
departure
called
the
Clarke
of
the
Peace
,
&
willed
him
to
take
the
name
of
a
prisoner
that
had
bene
sent
thither
for
Felonie
,
without
any
sufficient
proofe
,
&
to
cause
it
to
be
inquired
of
at
the
next
Sessions
of
the
Peace
.
The
Office
of
the
Custos
Retulorum
was
of
auntient
time
giuen
by
the
discretion
of
the
Lord
Chauncelour
,
vntil
that
(
aboute
the
latter
and
of
the
raigne
of
king
H
the
8.
)
sundrie
persons
(
no
lesse
vnworthie
to
occupie
the
Office
,
than
gréedie
to
haue
the
place
)
did
by
labour
and
friendship
obtaine
at
that
kings
handes
,
graunts
of
the
same
by
his
Letters
Patents
,
for
terme
of
their
liues
:
by
meanes
whereof
,
so
many
cuilles
did
shortly
ensue
,
both
to
the
hindraunce
of
Iustice
,
and
to
the
disherison
of
the
Kings
subiects
,
that
the
last
Parliament
of
his
raign
,
viz.
37.
H.
8.
cap.
1.
did
somwhat
restrain
that
course
:
and
though
it
did
ordain
,
that
none
should
thencefoorth
bee
appointed
custos
Rotulorum
in
any
Shire
(
a
fewe
place
of
Priuiledge
onelie
excepted
)
wythout
a
Bil
signed
with
the
Kings
hande
,
yet
it
tooke
further
order
,
that
the
same
Bill
assigned
,
shoulde
bee
but
as
a
Warrant
to
the
Lorde
Chauncelour
to
assigne
in
the
Commissions
of
the
Peace
,
the
same
person
to
be
Custos
Rotulorum
,
only
vntill
the
King
should
(
by
an
other
Bill
,
signed
with
his
hande
)
make
appointment
of
another
for
the
same
Office
.
Custos
Rotulorum
.
But
neyther
this
ordinaunce
had
any
long
life
:
for
wythin
a
feme
yeares
after
,
it
was
thought
so
preiudiciall
to
the
power
of
the
Lord
Chauncelour
,
and
so
troublesomea
matter
to
sue
to
the
King
for
bils
so
signed
,
that
by
the
Parliament
(
3.
E.
6.
ca.
1.
)
the
Lord
Chauncelor
was
wholy
restored
to
his
auntient
auctoritie
in
naming
the
Custos
Rotulorum
againe
(
excepte
in
suche
priuiledged
places
)
without
expecting
any
such
Bill
:
and
,
that
the
Custos
appointed
by
the
discreation
of
the
Lord
Chauncelour
shoulde
enioy
the
same
Office
to
be
occupied
by
himselfe
,
or
his
sufficient
Deputie
,
in
as
ample
maner
,
as
if
that
Statute
(
37.
H.
8.
cap.
1.
)
had
neuer
bene
made
.
The
Clearke
of
the
Peace
oweth
his
aftendance
at
these
Sessions
also
:
for
he
rest
deth
the
Inditements
,
&
se●ueth
the
Court
:
he
enrolleth
the
Actes
of
the
Sessions
,
and
braweth
the
Processe
.
He
also
must
deliuer
Letters
to
such
as
bée
acquited
of
felonie
,
and
will
begge
for
their
fées
22.
H.
8.
cap.
12.
He
must
record
the
burning
of
Roags
thorow
the
eares
18.
Eliz.
ca.
3.
and
muste
like
wise
record
the
Proclamations
of
Rates
for
seruants
wages
,
and
inroll
the
discharge
of
Apprentices
5.
Eliza.
ca.
4.
He
is
appointed
to
kéepe
the
counterpane
of
the
Indenture
of
Armour
4.
&
5.
Phil.
&
Mar.
cap.
2.
He
kéepeth
the
Register
Booke
of
licences
giuen
to
Badgers
and
Laders
of
corne
,
5.
Eliz.
cap.
12.
and
of
those
that
are
licenced
to
shoote
in
Gunnes
2.
E.
6.
cap.
14.
And
he
is
bounde
(
vnder
the
paine
of
xl
.
shillings
)
to
certifie
into
the
Kings
Bench
,
transcripts
of
Inditements
,
Vtlawries
,
Attainders
,
and
Conuictions
,
had
before
the
Iustices
of
the
Peace
within
the
time
limited
by
the
Statute
34.
H.
8.
cap.
14.
All
whiche
things
hée
can
not
doe
,
if
hée
hée
present
:
so
that
he
is
an
Officer
to
this
Courte
,
and
the
Clearke
of
the
Iustices
,
as
the
Statute
12.
R.
2.
cap.
10.
nameth
him
,
and
not
(
as
M.
Marrow
thought
)
the
Clearke
of
the
Custos
Rotulorum
onelie
.
And
you
maye
reade
(
2.
H.
7.
1.
)
that
if
a
Recognusance
of
the
Peace
bée
brought
in
to
the
Custos
Rotulorum
,
and
the
partie
grieued
wil
not
sue
forward
,
then
the
Clearke
of
the
Peace
,
who
is
the
Clarke
and
Attornie
of
the
King
(
saith
that
Booke
)
shall
call
vpon
it
for
the
Kings
aduauntage
:
and
I
am
sure
,
that
the
saide
Statute
(
37.
H.
8.
cap.
1.
)
ralleth
his
place
an
Office
also
.
Howbeit
the
nomination
and
appointmet
of
him
hath
long
time
belonged
to
the
Custos
Rotulorum
,
and
he
is
to
enioy
his
Dffice
so
long
as
the
Custos
Rotulorum
kéepeth
his
place
,
and
may
exercise
it
by
himself
,
or
by
a
Deputie
sufficiently
instructed
in
the
Lawe
,
and
admitted
by
the
Custos
Rotulorum
.
And
this
Office
was
also
(
for
a
time
)
gyuen
by
the
kings
Letters
Patents
for
termc
of
life
,
as
that
of
the
Custos
Rotulorum
was
,
vntill
the
sayde
Statute
37.
H.
8.
cap.
1.
recontinud
the
auntient
order
of
giuing
it
to
the
Custos
Rotulorum
onelie
.
Furthermore
,
the
Coroners
,
as
the
common
forme
of
the
Precept
sheweth
,
and
the
Statute
(
27.
H.
8.
cap.
5.
)
presumeth
,
ought
to
be
present
at
the
Sessions
:
But
yet
that
is
not
,
for
to
certifie
their
Inquisitions
,
for
that
ought
(
by
1.
&
2.
Phil.
&
mar
.
cap.
12.
)
to
bée
done
at
the
general
Gaole
deliuerie
:
nor
yet
to
receiue
any
Approuour
,
for
neyther
that
belongeth
to
the
Iustices
of
Peace
9.
H.
4.
1.
but
it
is
onelie
(
saith
M.
Marrow
)
because
the
Coroners
be
parties
to
the
Exigents
,
and
be
Iudges
of
the
Vtlawries
:
Howbeit
,
they
are
(
besides
that
)
Conseruatours
of
the
Peace
,
and
may
(
in
cases
)
commit
men
to
prison
,
and
therefore
ought
to
be
at
the
Sessions
,
to
obiect
against
them
.
The
Shirife
also
,
ought
to
attende
at
these
Sessions
,
for
the
double
duetie
that
he
beareth
:
the
one
,
as
Shirife
to
retourne
the
Precept
,
to
take
the
charge
of
Prisoners
,
and
to
serue
the
courte
otherwise
:
as
hée
hath
in
charge
by
the
Mandauimus
that
is
métioned
in
the
Commission
to
haue
bene
sent
vnto
him
:
the
other
,
because
he
also
hath
Care
of
the
the
Peace
.
The
Bailifes
of
Franchises
,
and
the
Constables
of
Hundreds
,
are
to
serue
also
,
the
one
as
Ministers
,
&
the
other
as
Iurours
,
&
therfore
ought
to
giue
their
attendaunce
.
And
euery
of
these
(
excepte
it
bée
the
Custos
Rotulorum
,
for
thereof
I
doubt
)
maye
without
controuersie
bée
amerced
,
if
they
make
defaulte
:
But
the
Ordinarie
oweth
not
his
attendaunce
here
at
any
Sessions
of
the
Peace
,
as
he
doth
at
the
generall
Gaole
Dehuerie
,
in
the
opinion
of
M.
Marrow
.
But
especiallye
there
oughte
to
appears
suche
Iurours
as
be
retourned
by
the
Shirite
,
and
warned
by
his
Baylifes
,
whether
it
bée
for
Enquiri
or
triall
.
(
11.
H.
4.
cap.
9.
)
willeth
,
that
they
shoulde
be
,
probi
&
legales
homines
:
for
if
any
of
them
be
discredited
in
Lawe
,
as
by
Attainder
in
Conspiracie
,
Attaint
,
decies
tantum
,
Subornation
of
Periurie
,
or
such
like
,
they
bée
not
Probi
,
and
their
presentment
is
voide
by
it
,
vnlesse
there
bée
twelue
besides
them
that
are
not
so
blemished
.
Againe
,
if
they
bée
outlawed
,
abiured
,
condemned
in
a
Premunire
,
or
attainted
of
treason
,
felonie
,
or
such
like
,
then
bée
they
not
Legales
and
their
presentment
is
merely
voide
also
,
as
it
may
be
gathered
vppon
the
case
11.
H.
4.
41.
And
women
,
infants
vnder
fouretéens
yeres
of
age
,
Aliens
,
and
such
bée
within
orders
of
the
Ministerie
or
Cleargie
,
cannot
be
empanelled
amongst
others
.
And
generally
these
Iurours
ought
also
,
either
to
be
inhabiting
wythin
the
Shire
,
or
else
to
haue
lands
there
:
for
the
Commission
willeth
,
that
they
shoulde
be
suche
,
Per
quos
rei
veritas
melius
sciri
poterit
,
whiche
muste
néedes
be
vnderstoode
of
such
as
haue
cause
to
knowe
the
Countrie
,
And
the
precept
is
vsually
according
to
the
same
forme
.
But
specially
(
in
the
Countie
Palatine
of
Lancaster
)
ech
of
them
ought
to
haue
to
the
yearely
value
of
fiue
pound
,
by
the
Statute
33.
H.
6.
cap.
2.
If
any
of
the
Iurours
returned
be
thréescore
and
tenne
yeares
of
age
,
or
haue
anye
continuall
infirmitie
,
or
be
otherwise
decrepite
,
yet
that
shall
not
excuse
him
for
not
appearing
,
if
the
Iustices
will
require
his
seruice
,
but
he
driuen
to
his
Action
&
gainste
the
Shirife
for
retourning
of
hym
,
vppon
the
Statute
of
W.
2.
cap.
38.
Marr.
And
if
he
haue
a
Charter
of
Exemption
,
he
ought
to
she
we
it
to
the
Shirife
,
againste
whome
(
if
he
will
notwithstanding
empanell
him
)
he
may
haue
his
Action
vpon
the
Case
,
and
hath
none
other
remedie
by
18.
H.
8.
5.
Cur.
which
may
be
truely
said
,
as
to
the
sauing
of
his
issues
:
but
by
some
other
books
and
namely
42.
Ass.
Pl.
5.
&
Marr.
he
is
to
be
discharged
vpon
his
apparance
,
&
specially
where
he
hath
in
his
Charter
of
Cremptiō
these
wordes
,
Licet
tangat
nos
,
vnlesse
there
want
others
that
he
sufficient
to
serue
.
Nowe
,
though
some
of
the
Cnquest
of
Cnquiry
be
of
affinitic
(
or
consanguinitie
)
with
any
party
grieued
,
that
procureth
any
inditement
,
yet
that
hindreth
not
their
presentment
:
howheit
it
is
no
discreation
for
the
Iustices
to
suffer
any
surhe
to
bée
empanelled
amongest
them
.
The
common
manner
in
Kent
(
agréeing
with
the
forme
of
the
Precept
)
is
to
return
particular
I●ries
for
the
Hundreds
,
and
one
generall
Iurie
for
the
body
of
the
Sh●re
:
this
laste
is
made
vppe
wyth
vs
,
(
for
the
moste
parte
)
of
the
Constables
onelie
:
and
those
others
(
if
they
be
not
filled
at
the
first
)
are
wonte
to
bée
renued
wyth
the
lyke
,
from
Scssions
to
Sessions
.
de
circumstanbus
,
out
of
other
Hundreds
,
by
which
mean
,
eyther
the
whole
Shire
,
or
(
at
the
leaste
)
a
great
many
parts
therof
,
might
be
perused
.
To
this
opinion
M.
Marr.
séemeth
to
encline
,
saying
,
that
in
default
of
those
which
are
returned
,
the
Iustices
may
take
a
Iurie
de
circumstantibus
:
And
herevnto
also
the
Statute
(
3.
0
H.
S.
ca.
12.
)
sheweth
some
further
consent
,
in
that
it
giueth
power
to
the
Iustices
,
by
their
discretion
to
commaund
the
Shirife
,
or
his
Deputis
,
to
adde
,
alter
,
or
diminish
,
the
names
of
the
pannell
,
which
,
if
he
refuse
to
do
it
,
he
shal
forfeit
xx.l.
for
the
same
contempt
.
Neither
is
it
to
be
obiected
,
that
men
being
all
of
one
Shire
,
maye
not
take
knowledge
of
things
done
in
diuers
Hundreds
:
Séeing
they
haue
diuers
occasions
of
méeting
togither
,
as
at
the
Countre
Courts
,
the
Shirifs
furnes
,
the
Assises
,
&
generall
Duarter
Sessions
.
And
if
a
Iurie
of
one
Hundred
would
make
presentment
of
an
offence
done
within
any
parte
of
the
Shire
,
out
of
theyr
own
Hundred
,
this
were
good
in
Law
.
Besides
which
,
if
M.
Marr.
mixture
be
followed
,
fewe
of
them
that
doe
appeare
,
shall
lose
their
labour
,
whereas
nowe
the
moste
of
them
doe
come
in
vaine
.
But
these
men
bée
not
truely
Jurours
til
they
bée
sworne
,
as
their
name
pretendeth
,
and
otherwise
their
presentment
is
betterly
voide
.
And
yet
if
it
should
by
any
oversight
happen
,
that
they
or
some
one
of
them
were
not
sworn
at
all
,
if
the
Record
make
mention
that
they
be
sworne
,
their
presentment
is
of
force
ynough
,
for
the
Record
may
not
bée
gainsayed
.
Each
Iurie
of
Enquirie
ought
to
containe
12.
in
number
at
the
leaste
,
and
if
there
bée
18.
or
moe
,
it
shall
not
bée
amisse
:
Bea
the
common
order
wyth
us
is
,
to
have
them
of
an
odde
number
,
as
17.
19.
02
21.
to
the
end
(
as
it
séemeth
)
that
if
they
shoulde
dissent
in
opinion
somewhat
equallye
,
yet
there
shoulde
bée
alwayes
one
to
weigh
downe
the
side
,
and
caste
the
ballance
.
The
Iustices
ought
not
to
commit
these
Iurours
to
anye
kéeper
:
nor
to
kéepe
them
wythout
meate
or
drincke
:
nor
to
carrye
them
out
of
the
Town
.
And
yet
they
maye
adiourne
them
to
an
other
place
,
to
gyue
their
Verdite
,
and
that
may
bée
then
taken
by
any
two
Iustices
,
though
neyther
of
th●
be
of
the
Quorum
,
faith
Marr.
If
these
Iurours
doe
wilfully
conceale
offences
(
presentable
)
&
y
be
complayned
of
by
Bill
,
then
may
the
Iustices
choose
an
Enquest
of
persons
,
(
whereof
euerie
one
may
dispend
fortie
shillings
by
yere
)
to
enquire
of
their
concealement
:
and
if
anye
suche
concealement
bée
founde
within
the
yeare
,
euerie
one
of
the
first
Enquest
shall
bée
amerced
in
full
Sessions
,
by
the
discretion
of
the
same
Iustices
:
3.
H.
7.
ca.
1.
And
because
the
lurours
of
those
dayes
were
yet
wilfull
in
their
concealementes
,
it
was
prouided
wythin
eight
yeares
after
,
that
the
Iustices
of
Peace
should
determine
rauses
upon
information
without
any
such
presentment
.
But
,
In
vitium
,
ducit
culpae
fuga
,
sicaret
arte
,
and
therefore
that
ordinance
endured
not
long
,
as
you
shall
hereafter
perceiue
.
Finally
,
these
Iurours
ought
not
to
discover
their
owne
doings
:
for
it
is
a
parte
of
their
oath
,
that
they
shal
kéepe
the
Queenes
Counsel
,
and
their
fellowes
.
And
we
reade
in
Fitzh
.
(
Tit.
Coron.
207.
&
272.
)
that
to
indite
a
man
of
Felonie
,
and
then
to
shew
abroade
to
others
,
what
they
haue
done
therein
,
hath
bene
taken
for
Felonie
:
Nowbeit
that
offence
is
nowe
taken
to
be
fineable
onelie
.
Of
the
Articles
that
are
to
bee
given
in
charge
at
the
Scssions
of
the
Peace
.
CAP.
IIII.
IT
was
the
auntient
maner
,
that
twice
in
the
yeare
at
the
Shirifes
Turne
(
whyche
was
sometime
a
Court
of
greate
authoritie
,
and
called
the
Shirremoote
)
the
Bishop
of
the
Diocesse
,
and
the
Alderman
(
or
Carle
)
of
the
Shire
,
shoulde
be
present
:
the
the
one
to
informe
the
people
in
the
lawes
of
God
,
and
the
other
to
instructe
them
in
the
lawes
of
the
lande
,
Archaionom
in
legibus
Canuti
,
Cap.
17.
And
it
were
to
be
wished
,
that
as
there
is
commonly
at
euerie
Assises
,
a
Sermon
(
vttered
by
some
learned
man
)
so
also
the
like
might
be
at
each
generall
(
or
Duarter
)
Sessions
of
the
Peace
.
For
,
séeing
that
the
lawes
of
men
must
be
obeyed
for
God
,
it
doth
of
necessitie
ensuc
,
that
he
which
will
séeke
to
haue
man
obeyed
rightly
,
must
first
cause
God
to
be
preached
truly
.
The
Iustices
of
the
Peace
(
saith
M.
Fitz
)
for
therepartes
be
bounde
to
enforme
the
people
:
And
(
no
doubt
)
the
charge
is
giuen
,
aswel
to
instruct
those
that
be
ignoreāt
,
least
they
offende
vnwares
,
as
to
enquire
of
those
that
haue
alreadie
fallen
into
daunger
by
offence
:
and
thereof
it
is
,
that
many
Statutes
do
expresly
commaund
,
that
they
shall
be
openly
read
(
or
declared
)
at
the
Sessions
,
as
you
shall
sée
in
place
for
it
.
But
the
manner
of
giuing
the
charge
,
and
receiuing
the
Verdite
at
this
day
,
differeth
from
that
whyche
the
Iustices
in
Eire
were
wont
to
vse
:
for
you
maye
sée
,
in
M.
Bracton
(
Fol.
116
)
that
first
one
of
the
Iustices
did
open
before
the
whole
assemblie
,
the
benefites
of
the
seruice
in
hande
,
the
commodities
of
kéeping
the
Peace
:
and
the
euilles
of
the
contrarie
:
and
that
then
the
Articles
of
the
charge
were
read
by
one
and
one
to
the
Iurours
,
who
receiuing
the
same
at
the
handes
of
the
Iustices
)
did
also
make
aunsweare
in
the
yéelding
vp
of
their
Verdite
,
to
each
Article
seuerally
,
and
by
it selfe
.
Which
custome
,
as
it
had
many
profits
:
so
is
it
worthie
(
in
mine
opinion
)
to
be
recontinued
,
and
brought
in
vre
againe
:
neyther
oughte
the
multitude
of
the
Articles
(
nowe
inquirable
)
to
discourage
any
man
in
this
behalfe
:
For
,
if
those
Lawes
whych
be
leaste
seruiceable
(
either
for
the
presente
time
,
or
for
the
place
,
or
other
iust
respect
)
were
onelie
touched
or
runne
ouer
,
by
way
of
thorte
Article
:
then
would
there
bée
the
more
time
affoorded
,
for
spéeche
that
mighte
bée
well
spente
,
as
well
in
discourse
of
exhortation
,
or
dehortation
,
as
in
the
larger
handling
of
suche
other
Statutes
,
whereof
there
is
greater
vse
and
necessitie
.
And
this
libertie
,
the
Iustices
in
Eire
themselues
did
vse
also
,
as
the
same
M.
Bracton
in
the
same
place
reporteth
.
The
points
of
the
charge
that
wée
haue
in
hande
,
may
bée
reduced
to
a
fewe
heads
,
and
that
after
sundrie
sorts
of
distribution
:
of
which
(
for
examples
sake
)
I
will
shewe
you
some
:
first
thus
,
Al
the
matters
inquirable
,
bée
either
Eccleasticall
or
Temporall
:
and
these
Temporall
,
be
either
high
treason
,
petite
treasons
,
felonies
,
or
otherwise
punishable
and
finable
offences
:
Or
thus
,
All
these
pointes
,
doe
either
concerne
God
,
the
Prince
,
or
Subiect
:
Or
thus
,
All
these
Articles
bée
offensiue
,
either
against
the
first
,
or
the
seconde
Table
of
the
ten
Commaundements
of
God
:
Or
thus
,
All
these
matters
bée
inquireable
,
eyther
by
vertue
of
the
Commission
of
the
Peace
,
and
of
the
Statutes
therein
conteyned
,
or
else
by
power
of
the
Statutes
not
comprehended
within
the
Commission
:
Or
thus
,
All
these
Lawes
doe
prohibite
thinges
contrarie
to
some
of
the
foure
Cardinall
(
or
principall
)
vertues
,
Prudence
,
Iustice
,
Fortitude
,
or
Temperance
.
They
may
also
be
diuided
,
by
the
barietie
of
the
punishments
,
and
by
some
other
Accidentall
respects
:
all
whiche
I
leaue
to
the
choice
of
suche
as
shall
give
them
in
charge
,
and
will
now
for
this
time
set
downe
the
Articles
themselues
,
after
the
order
of
the
first
diuision
,
pointing
out
in
the
first
place
the
Ecclesiasticall
causes
,
and
then
pursuing
the
Temporall
.
In
whiche
doing
,
first
,
I
will
omitte
all
such
Statutes
,
as
doe
concerne
,
but
onely
some
one
,
or
a
few
particular
places
:
knowing
that
I
write
to
the
most
part
,
who
haue
not
to
doe
with
them
.
Secondly
I
will
purposely
pretermit
the
rehearsall
of
the
punishments
,
conteyned
in
the
Statutes
that
I
am
to
run
thorow
:
a●well
bicause
those
doe
rather
perteine
to
the
Iustices
,
than
to
the
lurours
,
as
also
for
that
I
haue
an
auncient
Precedent
of
the
Iustices
in
Eire
to
make
for
me
,
who
(
in
their
charge
)
did
only
deliuer
the
Articles
in
offence
,
without
any
mention
of
the
paines
due
vnto
the
same
,
As
it
appeareth
in
the
small
volume
of
the
old
Statutes
,
vnder
the
Title
,
Capitula
Itineris
.
And
thirdly
,
I
will
neither
recite
all
the
other
partes
of
each
generall
Statute
by
it selfe
,
nor
yet
comprehend
them
wholie
and
fullie
with
others
:
bicause
the
firste
of
these
waies
wonld
be
very
long
,
through
the
ofteiteration
of
the
same
things
:
and
the
other
would
bée
so
crooked
I
comberous
(
through
the
barietie
and
difficultie
of
the
exceptions
)
that
the
hearer
would
bée
many
times
loste
before
I
should
come
to
the
ende
.
I
know
that
M.
Fitzh
.
was
of
the
opinion
,
that
the
Iustices
of
Peace
,
ought
at
their
Quarter
Sessions
,
and
may
at
their
priuate
Sessions
,
giue
in
charge
to
the
Enquest
,
all
such
matters
as
they
haue
power
to
determine
:
and
this
he
vrgeth
,
aswel
by
the
Dath
of
the
Iustices
(
who
are
sworne
to
do
right
in
all
causes
within
their
Commission
,
or
the
Statutes
)
as
by
the
ignorance
of
the
Iurours
,
who
cannot
bée
instructed
but
by
the
charge
:
which
if
it
bée
so
,
I
sée
not
(
for
my
part
)
how
either
these
Iustices
(
that
are
bound
to
vtter
all
)
can
bée
discharged
,
or
the
Iurours
(
that
ought
to
heare
all
)
can
be
enfourmed
,
without
this
,
02
some
such
compendious
&
plaine
waie
,
that
may
bothe
shortly
for
the
time
,
&
lightsomely
for
the
order
,
comprehende
the
substaunce
of
that
which
belongeth
to
their
Enquirie
.
Howbeit
,
as
I
thinke
it
the
best
for
the
Iustices
,
to
rehearse
all
such
pointes
,
whereof
the
Iurie
may
make
presentment
before
them
:
so
yet
,
I
holde
them
discharged
(
in
my
slender
opinion
)
if
they
vnfold
onely
the
articles
of
their
Commission
,
and
of
such
other
Statutes
as
doe
expressie
auctorize
them
to
make
enquirie
.
For
as
there
bée
sundrie
Lawes
that
doe
giue
to
Iustices
of
the
Peace
a
certaine
speciall
(
02
particular
)
power
in
them
,
and
doe
not
yet
yéelde
vnto
them
any
auctoritie
to
enquire
vpon
the
same
,
of
which
sorte
be
the
Statutes
27.
H.
8.
c.
20
:
&
32.
H.
8.
c.
7.
of
Tythes
:
The
Statute
35.
H.
8.
ca.
17.
of
Woodes
:
The
Statute
23.
El.
ca.
9.
of
Logwood
,
and
sundrie
others
:
So
also
there
be
diuers
others
,
that
do
aforde
to
the
Iustices
of
Peace
the
power
of
hearing
and
determining
and
yet
doe
not
exprestie
giue
them
the
name
of
Inquine
.
And
,
for
as
much
as
they
may
heare
and
determine
of
these
,
by
Information
(
giuen
to
themselves
&
by
them
commaunded
to
the
Iurie
)
it
séemeth
to
me
,
that
they
bée
not
so
necessarily
boúd
to
giue
them
in
charge
,
but
that
they
be
well
inough
discharged
if
they
lie
open
,
and
be
readie
to
receiue
the
informations
and
presentments
that
shall
bée
offered
vpon
them
:
And
of
this
kinde
bée
the
Statutes
of
Highwaies
(
5.
El.
c.
13
:
&
18.
El.
ca.
9.
(
the
statute
of
Fighting
in
Churche
,
or
Churchyarde
(
5.
E.
6.
ca.
4
)
the
Statute
of
Informours
(
18.
El.
ca.
5.
)
and
sundrie
others
,
whereof
it
shall
be
superfluous
to
make
rehearsall
.
Neuer
the
lesse
,
bicause
I
will
not
,
that
my
fantasie
shall
either
stand
against
his
iudgement
,
or
be
preiudiciall
to
other
mens
profite
,
I
haue
contended
(
what
I
may
)
to
deliuer
the
principall
&
most
seruiceable
partes
,
not
only
of
the
Commission
and
of
suche
Lawes
as
doe
specially
conteyne
their
Inquirie
within
them
,
but
also
of
al
such
other
Statutes
as
may
be
hearde
and
determined
by
Iustices
of
the
peace
at
any
their
Sessions
,
and
that
in
so
narrowe
a
roome
,
as
(
if
I
be
not
,
after
some
proofe
,
deceiued
)
they
may
be
distinuly
read
ouer
in
a
couple
of
houres
,
or
litle
more
,
so
that
the
yeares
of
the
Kings
and
the
other
Notes
,
be
left
vnread
and
passed
ouer
.
Ecclesiastical
causes
.
If
anye
person
haue
(
within
this
halfe
yere
)
by
writing
,
printing
,
teaching
,
preaching
,
expresse
déede
,
or
act
,
aduisedly
,
malitiouslye
,
and
directly
affirmed
,
holden
,
sette
foorth
,
or
defended
,
the
auctoritie
,
preheminence
,
power
,
or
iurisdiction
spirituall
or
Ccclesiasticall
,
of
anye
forreine
Prince
or
perso
whatsoeuer
heretofore
claymed
,
vsed
,
or
vsurped
in
this
Kealm
,
or
any
the
Quéenes
dominions
,
or
haue
aduisedlye
,
malitiously
,
and
directlye
,
put
in
ble
,
or
executed
anye
thing
for
the
ertolling
,
setting
foorth
,
or
defence
of
anye
suche
pretended
or
bsurped
iurisdiation
,
preheminence
,
or
auctoritie
,
or
any
part
thereof
.
Eli.
c.
1
5.
Eli.
c.
1.
enquirable
by
words
of
23.
El.
ca.
1.
If
any
person
,
vnder
the
Quéenes
obedience
haue
at
anye
time
(
wythin
this
yere
)
by
Writing
,
Ciphering
,
Priting
,
Preaching
,
or
Acte
,
aduisedlye
holden
,
or
stoode
with
,
to
extoll
,
or
defende
the
power
of
the
Bishoppe
of
Rome
,
or
of
his
Sée
heretofore
calymed
,
or
vsurped
within
this
realme
:
or
by
any
spéech
,
open
déede
,
or
acte
,
aduisedlye
attributed
anye
suche
manner
of
auctoritye
to
the
saide
Sée
of
Rome
,
or
to
the
Bishoppe
thereof
,
within
any
the
Quéenes
dominions
,
yée
shall
presente
him
,
his
Abettours
,
procurers
,
counsellours
,
aiders
,
and
comforters
.
Eliz.
ca.
1
If
any
person
haue
by
anye
meanes
practised
to
absolue
,
perswade
,
or
withdrawe
,
anye
other
within
the
Quéenes
dominions
from
their
naturall
obedience
,
or
(
for
that
intente
)
from
the
religion
now
established
here
,
to
the
Komishe
religion
,
or
to
moue
them
to
promise
obedience
to
the
Sée
of
Rome
,
or
other
estate
:
Or
if
anye
person
haue
bene
willingly
so
absolude
,
or
wdrawn
,
or
haue
promised
such
obedience
.
And
if
anye
person
haue
willingly
ayded
or
maintayned
anye
suche
offender
,
or
knowing
such
offence
haue
concealed
it
,
and
not
within
twentie
dayes
disclosed
it
to
some
Iustice
of
peace
,
or
other
higher
Officer
.
If
anye
person
haue
saide
or
soong
Hasse
,
or
haue
willinglye
hearde
Hasse
,
23.
Elizab.
cap.
1.
If
any
person
haue
bsed
,
or
put
in
bre
,
anye
Bull
,
Writing
,
or
Instrument
of
absolution
or
reconciliation
,
or
of
other
sorte
,
gotten
from
the
Bishoppe
of
Rome
,
or
Sée
of
Rome
.
or
from
any
person
clayming
auctoritie
from
the
same
:
Or
haue
by
colour
of
any
suche
taken
upon
him
to
absolue
,
or
reconcile
any
person
:
or
haue
published
any
suche
Bull
or
instrument
.
Agnus
Dei
,
●●c
.
Treason
.
Or
if
any
person
haue
aided
,
comforted
,
or
maintained
any
such
offendor
,
to
the
entente
to
vpholde
suche
offence
.
If
anye
person
(
to
inhome
suche
Bull
or
Instrument
hath
bene
offered
or
persuaded
haue
not
Within
fire
Wéekes
nexte
after
signifyed
the
same
to
some
of
the
Quéenes
priuie
Counsell
,
or
to
the
Lorde
Presidence
of
the
Northe
,
or
of
Wales
.
If
anye
person
haue
brought
hither
from
the
Bishoppe
,
or
Sée
of
Rome
,
or
from
anye
person
auctorized
,
or
clayming
to
be
auctorized
by
anye
of
them
,
any
Agnus
Dei
crosses
,
pictures
,
beads
,
graines
,
or
such
like
superstitious
things
,
and
haue
the
same
delyuered
,
or
caused
,
or
offered
to
bée
deliuered
,
to
any
the
Quéenes
subiects
to
bse
or
weare
in
any
wise
:
and
if
anye
person
hame
to
such
intent
receiued
or
taken
the
same
,
and
haue
not
apprehended
the
offerer
thereof
,
nor
within
thrée
dayes
after
disclosed
him
to
the
Ordinarie
,
or
to
some
Iustice
of
the
Peace
,
nor
within
one
days
deliuered
the
thing
to
some
Iustice
of
the
Peace
.
13.
Eli.
ca.
2
:
23.
Eliz
cap
1.
If
any
person
haue
vsed
Inuocation
,
or
Conturation
of
euill
spirites
for
any
cause
:
or
haue
bsed
Witchcraft
,
Inchauntmente
,
Charming
,
or
Sorcerie
,
where
by
anye
person
is
killed
or
destroyed
:
5.
Elizabeth
.
ca.
16.
If
anye
person
haue
within
these
fire
monethes
aduisedlye
aduaunced
,
published
and
set
foorth
,
by
writing
,
printing
,
open
speach
,
or
déed
,
to
any
other
person
,
any
fantasticall
,
or
false
prophesie
,
vppon
armes
,
fieldes
,
beasts
,
or
hadges
,
or
vpon
any
time
,
name
,
bloudshed
,
or
warre
,
to
the
intent
to
make
thereby
rebellion
,
dissention
,
losse
of
life
,
or
other
disturbance
within
the
Quéenes
dominions
.
E.
ca.
15.
If
person
haue
,
by
setting
of
figure
,
casting
of
Natiuitie
,
or
by
Calculation
,
Prophecie
,
Witchcrafte
,
Coniuration
,
or
other
vnlawful
meanes
whatsoeuer
,
sought
to
know
,
&
haue
set
forth
by
expresse
words
,
déede
,
or
writing
,
how
long
hir
Maiestie
shall
liue
,
or
who
shall
reigne
after
hir
decease
:
Or
els
haue
aduisedly
,
and
with
a
malitious
intent
against
hir
Maiestie
,
vttered
any
direct
prophecie
to
such
purpose
:
And
if
any
person
haue
indéede
procured
,
or
abetted
any
suche
offenders
.
Sctfoorih
how
long
the
Queene
shal
liue
.
23.
El.
ca.
2.
If
any
person
haue
vnlawfully
procured
any
other
person
to
commit
wilfull
and
corrupt
periurie
in
any
cause
depending
in
sute
in
any
of
the
Quéenes
Courtes
of
Kccorde
,
or
in
any
Léete
,
Court
Baron
,
Hundred
,
or
Court
of
auncient
demesne
:
or
haue
corruptly
suborned
any
witnesse
sworne
to
testifie
in
perpetuam
yet
memoriam
:
Or
if
any
haue
vpon
such
procurement
,
or
by
his
owne
acte
wiltul
ly
committed
such
Periurie
.
El.
ca.
9
:
&
14.
El.
ca.
11.
If
any
person
haue
within
these
these
monethes
,
by
contemptuous
,
or
reuiling
words
,
or
haue
abuisedly
in
any
other
wise
,
depraued
,
despised
,
or
reuiled
the
blessed
Sacrament
of
the
bodie
and
blood
of
Christ
.
1.
E.
6.
ca.
1
:
&
1.
El.
ca.
1.
If
any
parson
,
Vicar
,
or
Minister
,
haue
since
the
last
Assises
refused
to
vse
the
common
prayers
,
or
to
minister
the
Sacraments
according
to
the
booke
of
common
prayers
,
or
wilfully
standings
in
the
same
,
haue
bsed
any
other
ther
forme
in
open
prayers
,
or
in
administration
of
the
Sacrament
,
or
haue
spoken
any
thing
in
derogation
of
the
sayed
booke
,
or
any
part
thereof
.
Elizab.
cap.
2.
&
23.
Elizab.
cap.
1.
If
any
person
(
being
aboue
the
age
of
rvi
.
yeares
,
and
not
hauing
lawfull
and
reasonable
crcuse
to
bée
absent
)
haue
not
repaired
and
reforted
to
his
or
hir
parishe
Churche
,
or
Chappell
accustmed
or
(
vppon
let
thereof
)
to
some
vsuall
place
where
Common
prayer
shall
be
vsed
,
upon
euerie
Sonday
,
and
other
holyday
,
and
haue
not
there
orderly
and
soberly
abiden
,
during
the
time
of
such
Common
praier
,
preaching
,
or
other
seruise
of
God
:
and
how
long
such
person
hath
not
so
repaired
and
resorted
.
1.
Eliz.
ca.
2
:
&
23.
Eliz.
ca.
1.
If
any
person
haue
kept
or
maintained
any
Schoolemaister
,
which
resorteth
not
to
the
church
or
is
not
allowed
by
the
Bishop
,
or
Ordinaric
of
the
Diocese
.
23.
Elizab.
ca.
1.
If
any
person
haue
malitiously
striken
any
other
with
any
weapen
in
any
Church
,
or
Churchyard
,
or
drawen
any
weapen
there
to
that
intent
.
5.
E.
6.
ca.
4.
If
any
person
haue
kept
Faire
,
or
Market
in
the
Churchyard
.
Stat.
Winton
.
12.
E.
1.
If
any
person
haue
feloniously
taken
goods
out
of
any
Church
,
or
Chappell
.
Lay
causes
.
If
any
person
haue
counterfaited
the
Quéenes
money
,
or
haue
brought
false
money
into
the
Hcalme
,
counterfait
like
the
money
of
England
knowing
the
same
to
be
false
,
to
make
marchandize
or
paiment
there
withall
.
3.
H.
5.
ca.
7
:
&
25.
E.
3.
ca.
2
Felonies
,
in
lay
causes
.
If
any
Seruant
haue
killed
his
or
hir
Master
,
or
Mistresse
:
or
any
Wife
hir
Husband
:
or
any
Gcclesiasticall
person
his
prelate
.
Petite
Treason
Seruát
,
&
Ma.
Husband
and
Wife
.
Clerke
and
prelate
.
25.
E.
3.
ca.
2.
If
and
person
have
of
pxepensed
malice
,
killed
or
murbered
an
other
openly
,
or
pxiuily
whether
he
that
mas
killed
were
an
Gnglishman
,
or
a
Stranger
,
liuing
under
the
protection
of
the
Quéen
.
If
any
haue
wilfully
killed
any
other
by
poysoning
,
and
into
bée
his
aiders
,
abetters
,
procurers
,
and
counsellors
.
E.ó.
ca.
12.
If
any
person
have
by
chaunce
medley
feloniously
killed
an
other
.
If
any
person
of
malice
prepensed
,
cut
out
the
tounge
,
or
put
out
the
eyes
of
any
of
the
Quéenes
Subieas
.
5
H.
4.
ca.
5.
If
any
Gaoler
,
kéeper
,
or
vnderkéeper
of
a
prison
,
haue
by
dursse
and
paine
compelled
any
his
pxisoner
,
to
become
an
appeacher
of
others
agaianst
his
will
.
14.
E.
3.
ca.
10.
If
any
person
have
commited
the
detestable
vice
of
Buggerie
,
with
man
,
or
beast
.
25.
H.
8.
ca.
6
:
&
5.
El.
ca.
17.
If
any
man
have
rauished
a
maide
,
window
,
or
wife
,
above
ten
yeares
of
age
,
against
hir
will
,
although
she
consented
after
ward
.
W.
2.
ca.
34.
If
any
man
have
carnally
knowen
and
carnally
abused
any
woman
childe
vnder
ten
years
of
age
,
though
the
consented
before
.
El.
ca.
7.
If
any
person
have
taken
a
maiden
,
widowe
,
or
wife
,
having
landes
or
goodes
,
or
being
heire
apparent
to
any
,
against
hir
will
vniawfully
,
(
other
than
his
warde
,
or
bond-woman
)
and
of
his
pxocurers
,
abetters
and
recetuers
knowing
thereof
.
3.
H.
7.
ca.
2.
If
any
person
haue
robbed
an
other
,
going
or
riding
by
the
way
,
or
other
wife
,
how
much
,
or
how
little
soever
it
bee
that
be
taketh
from
him
:
or
haue
priuily
and
fraudulently
piked
or
cut
the
purse
of
an
other
being
upon
him
.
El.
ca.
4.
5.
E.
6
ca.
9.
If
any
person
,
or
persons
,
have
feloniously
taken
the
goods
of
any
other
,
and
wheteher
the
same
be
aboue
〈◊〉
.
r.
in
value
,
or
under
.
If
any
Purueiour
for
the
Queenes
Mate
sties
house
,
or
his
undertaker
,
Deputie
,
or
seruant
,
have
made
any
puruciance
without
warrant
,
and
haue
carried
any
thing
away
against
the
consent
of
the
owner
,
being
above
xú
.
d.
in
value
.
28.
E.
1.
ca.
2
:
18.
E.
2.
ca.
vltim
.
5.
E.
3
:
c●
.
4.
:
2.
&
3.
Phil.
&
Mar.
ca.
6.
If
any
Purueyour
of
the
Queene
,
or
his
Vndertaker
,
Depurtie
,
or
Seruant
have
taken
any
carriage
in
any
other
maner
than
is
contcined
in
his
Commission
.
36.
E.
3.
2.
Or
have
made
purueyance
without
the
testimonie
and
appraisement
of
the
Constables
,
and
foure
honest
men
of
the
towne
,
and
without
delivering
tales
or
Inventures
under
his
Seale
,
testifying
his
purneyances
,
the
goodes
being
above
〈◊〉
.
Ó
.
in
value
.
5.
E.
3.
ca.
2
:
25.
E.
3.
ca.
1.
Or
hath
taken
any
shéepe
with
their
wooles
,
between
Gaster
and
Hidsomer
at
small
prices
,
and
carried
them
to
his
owne
house
,
and
suorne
them
.
25.
E.
3.
ca.
15.
Quare
,
if
the
felouie
of
purueyours
(
made
36.
E.
3.
c2
.
6.
)
be
not
altered
by
23.
H.
6.
ca.
14.
If
any
person
have
founde
a
Falcon
,
Lercelet
,
Lanor
,
Laneret
,
or
other
Falcon
that
was
lost
,
and
hath
not
forthwith
brought
it
to
the
Shirife
,
that
he
might
proclaime
it
,
but
did
steal
and
carry
away
the
same
.
34.
E.
3.
ca.
22
:
37.
E.
3.
ca.
10.
If
any
Servant
(
beeing
ruiú
.
yeares
of
age
,
and
not
béeing
an
Apprentice
)
hath
gone
away
with
,
or
hath
conuerted
to
his
owne
vse
,
any
money
Jewells
,
goods
,
or
catfails
tails
of
his
maisters
or
maistresses
,
and
of
his
or
hir
deliuerie
,
of
the
value
of
foxty
shillings
,
to
the
intent
to
steal
the
same
.
21.
H.
8.
ca.
7.
:
5.
El.
ca.
10
If
any
person
haue
by
night
broken
anye
House
,
Tower
,
Walls
,
or
Gates
,
and
hath
entred
in
with
an
intentto
do
any
robberrie
,
murder
,
or
other
fclonious
acte
there
:
Or
if
any
person
haue
burned
any
owelling
house
:
or
haue
by
night
burned
any
barne
neare
to
a
dwelling
house
.
If
any
person
,
emprisoned
for
felonie
,
haue
broken
pxison
:
1.
E.
2.
If
any
person
haue
deuised
uniawfully
&
malitiously
to
set
at
libertie
and
prisoner
endited
of
treason
(
concerning
the
Queampeenes
person
)
and
haue
expresly
vttered
the
same
deuise
.
El.
ca.
2.
If
any
person
haue
deuised
malitiously
to
take
or
keepe
from
the
Quéene
any
of
hir
Castles
,
Townes
,
Fortresses
,
or
Holos
,
or
to
raze
,
burne
,
or
destroy
any
of
them
malitiously
and
traterously
(
the
same
hauing
munition
or
Souldiours
therein
of
hirs
)
and
haue
vttered
the
same
device
.
El.
ca.
1.
If
any
person
haue
unlawfully
hunted
in
the
night
in
any
Forcst
Parke
,
or
Warrein
,
or
with
painted
fares
,
visours
,
or
other
dis
,
guisings
to
the
intent
to
be
vnknowen
,
and
haue
upon
exmination
by
one
of
the
Quéenes
counsell
,
or
by
a
Iustice
of
Peace
of
the
same
Shire
,
willfully
concealed
such
hunters
or
hunting
,
or
haue
disobeied
any
arrest
for
such
hunting
,
or
made
rescue
to
any
person
warrantée
to
arrest
such
hunter
,
so
that
the
warrant
was
not
excuted
.
●
.
H.
7.
ca.
7.
If
any
person
haue
practised
the
arte
of
multiplication
of
golo
or
siluer
.
5.
H.
4.
ca.
4.
If
any
haue
the
second
time
brought
,
sent
or
receaued
into
any
shippe
or
bottome
,
any
rams
,
shéepe
or
lambes
being
aliue
,
to
be
convayed
out
of
the
Quéenes
dominions
,
or
haue
procured
the
same
.
El.
ca.
3.
If
any
person
haue
solve
,
erchaunged
,
or
deliuered
,
within
Scotland
,
or
the
batable
grounde
,
to
the
use
of
any
Scot
(
without
the
Quéenes
licence
,
under
hir
great
Scale
)
or
solve
,
exchaunged
,
or
delivered
to
any
Scot
within
England
,
Wales
,
Barwicke
the
Marches
or
batable
grounde
,
to
the
intent
to
bée
conueyed
into
Scotland
(
without
such
licence
)
any
horse
,
gelding
,
or
mare
:
And
if
any
haue
so
bought
any
of
the
same
.
23.
H.
8.
ca.
16.
1.
El.
c.
7.
If
any
person
have
aduisedly
and
with
a
malitious
intent
against
the
Queenes
Maiestie
,
deused
written
,
printed
,
or
set
foorth
any
booke
or
writing
,
containing
any
false
,
seditious
,
and
slaunderous
matter
,
to
the
defamation
of
her
Maiestie
,
or
to
the
incouraging
or
mouning
any
inserraion
or
rebellion
within
her
Realme
or
Dominious
:
or
haue
aduisedly
or
with
a
malitious
intent
against
her
Naiestie
procured
any
such
booke
or
writing
to
be
written
,
printed
,
or
set
foorth
:
Or
haue
malitously
,
by
any
murders
,
writing
,
or
printing
,
withen
,
or
desired
her
Maiesties
death
,
or
depriuation
,
or
any
thing
directly
to
that
effect
:
and
if
any
haue
ayded
,
procured
,
or
abbetted
any
suche
offendour
.
Elizab.
cap.
2.
If
any
perons
(
of
,
or
aboue
,
the
number
of
fwrlue
)
haue
bene
assembled
,
and
haue
infanded
,
gone
about
and
practised
with
force
of
armes
vnlawfully
to
chaunge
any
Lawes
of
this
Realine
,
or
to
cut
or
cast
downe
any
inclosure
of
Parke
,
or
inclosed
ground
,
or
the
bankes
of
any
fishpond
,
or
any
conduit
head
or
pipe
,
to
the
intent
they
shoulde
lye
open
,
or
voide
,
or
to
haue
any
Common
or
may
there
:
Or
to
destroy
the
Déere
or
Conies
in
any
Parke
or
,
Warrien
,
or
Douehouses
,
or
Fish
in
Poole
,
or
pond
,
or
to
cut
down
any
houses
,
Barnes
,
miles
,
or
Eayes
,
or
to
burne
any
stake
of
corne
or
graine
,
or
other
vsuall
sustacke
of
men
:
and
(
being
commaunded
by
the
Shirife
,
or
any
Iustice
of
Peace
of
the
Shire
,
or
by
the
maior
,
Shirif
,
Iustice
of
Peace
,
or
Balifes
of
the
Citie
,
Borough
,
or
Corporate
towne
where
the
assmbly
was
,
by
proclamation
in
the
Queenes
name
to
depart
to
their
houses
)
haue
notwithstanding
continued
togither
one
houre
after
,
or
haue
after
that
forciblie
attempted
to
do
any
such
thing
.
And
if
any
person
haue
bnlawfully
,
by
ringing
of
Bel
,
sounding
of
Trumpet
,
Drumme
,
Norne
,
or
other
instrument
,
or
by
firing
of
Beacon
,
or
by
malitious
speach
,
or
Outcrie
,
or
by
setting
up
or
casting
any
writing
,
or
by
any
other
acte
,
raised
,
or
caused
to
be
raised
twelve
person
,
or
aboue
,
in
suche
manner
,
and
to
anysuche
intent
as
is
aforesayd
,
and
they
(
being
commanded
by
proclamation
,
as
before
)
haue
neverthlesse
continued
togeather
one
houre
after
,
or
haue
afterwarde
attempted
forcible
to
doe
any
of
the
sayde
things
:
And
if
any
the
wife
,
or
seruaunt
of
any
the
sayd
assembled
persons
,
or
if
any
other
person
,
haue
willingly
and
without
compulsion
,
delinered
,
or
conuyed
money
,
harness
,
weapon
,
or
victuall
to
any
of
the
sayd
person
assembled
,
during
their
aboave
togeather
,
as
before
.
And
if
any
person
haue
hindred
or
hurte
any
that
did
proclaim
,
or
ment
to
proclaime
as
before
:
and
if
any
the
parties
so
assembled
(
knowing
of
that
hindrance
,
or
procuring
it
,
haue
neuerthelesse
afterwarde
committed
or
put
in
dre
anye
the
things
aforesayde
:
And
if
any
persons
to
the
number
of
fortie
or
moe
)
haue
so
assembled
,
to
the
intent
to
doe
anye
the
sayed
things
,
or
anye
other
Felonious
or
Rebellious
acte
,
and
haue
continued
togeather
thrée
houres
after
such
Proclamation
made
,
at
or
nigh
the
place
of
assemblye
,
or
in
some
market
Towne
next
avioyning
,
and
notice
to
them
thereof
giuen
.
1.
Mar.
Parl.
1.
cap.
12
:
&
1.
Elizab.
cap.
17.
If
anye
Souldiour
entred
a
Souldiour
of
Recorde
,
and
hauing
taken
parte
of
the
Quéenes
wages
,
or
any
Marnier
,
or
Gunner
hauing
taken
prest
wages
to
serue
the
Quéene
on
the
Sea
,
haue
not
accordingly
gone
to
his
Captaine
(
unlesse
he
were
letted
by
notorious
sickness
,
or
other
impediment
from
God
)
or
haue
departed
from
his
Captaine
without
his
licence
vnder
his
scale
.
18.
H.
6.
ca.
19
:
2.
&
3.
E.
6.
ca.
2
:
4.
&
5.
Phil.
&
Mar.
ca.
3
:
&
5.
Eliz.
ca.
5.
If
any
Straungers
,
calling
them selues
,
or
being
commonly
called
Egiptians
,
haue
remained
in
the
Realme
one
moneth
:
And
if
any
person
(
being
14.
yeres
of
age
)
which
hath
bene
séene
,
or
found
in
the
fellowship
of
such
Egiptians
,
or
which
hath
disguisedhim
selfe
like
to
them
,
haue
remained
here
or
in
Wales
,
by
the
●pace
of
one
moneth
,
either
at
one
time
,
or
at
severall
times
1.
&
2.
Phil.
&
Mar.
ca.
4
:
5.
E
:
1
z
ca.
20.
If
any
bagabond
(
or
Roge
)
haue
after
60.
dayes
next
atter
his
marking
through
the
eare
,
or
●ud●ement
to
be
so
marked
,
fallen
againe
to
Rogish
life
(
being
then
18.
yeares
dlue
,
or
aboue
:
)
And
if
any
such
Roge
,
being
upon
his
sayd
seconde
conuiction
taken
into
seruice
for
two
yeares
,
haue
departed
within
those
two
yearses
against
the
will
of
him
that
by
Recognusance
tooke
him
into
seruice
:
And
if
any
Roge
being
conuicted
in
the
seconde
begrée
,
haue
at
any
time
after
bene
conuicted
of
Rogish
life
14.
Elizab.
ca.
5
:
18.
Elizab.
cap.
3.
Note
that
some
felonies
be
here
omitted
,
either
because
there
is
none
vse
of
them
nowe
,
or
else
for
that
they
before
particular
places
:
as
,
The
felonie
of
proouisours
.
13.
R.
2.
Stat.
2.
ca.
3.
The
felony
of
Woolles
&
Woolsellers
,
18.
H.
6.
c.
15.
and
certain
felonies
in
the
Statues
of
the
Staple
,
27.
E.
3.
whereof
I
doubr
.
The
felonie
of
Powdike
,
22.
H.
8.
ca.
II
:
&
2.
&
3.
Phill.
&
Mar.
ca.
19.
Itseemeth
alfo
,
by
the
25.
E.
3.
c.
2.
that
there
is
a
felonie
,
for
riding
armed
&c.
which
(
I
thinke
)
is
not
contructed
now
.
If
any
perons
haue
commaunded
,
counsailed
,
waged
,
or
procured
to
be
committed
any
Petit
treason
,
Murder
,
Manslaughter
,
Rape
,
Robberie
,
Burglarte
,
or
other
the
felonies
aforesaid
.
If
any
person
knowing
the
sayd
felons
,
haue
receiued
,
comforted
,
aided
,
abetted
or
fauoured
them
,
before
their
attainuer
,
or
after
.
Hitherto
offelonies
and
their
Accessaries
in
lay
causes
.
If
any
person
haue
mayhemed
an
other
of
any
member
,
whereby
he
is
the
lesse
able
to
fight
,
as
by
putting
out
his
eye
,
striking
of
his
hand
,
finger
or
foote
,
beating
out
his
fore-teeth
,
or
breaking
his
skull
.
If
any
haue
committed
unlawfull
assult
,
beating
,
wounding
,
or
such
like
trespasse
,
against
the
bodie
of
any
man
:
Or
haue
with
force
&
against
the
law
taken
the
goods
of
an
other
,
or
haue
done
any
trespasse
in
the
lands
of
an
other
.
Commission
of
the
Peace
.
If
any
Ordinarie
,
Archdeacon
,
Officiall
,
Shirife
,
Eschaetor
,
Corner
,
Vndershirife
,
Baylife
,
Gaoler
,
or
other
officer
,
haue
by
colour
of
his
office
,
or
for
doing
his
office
,
taken
a
greater
,
or
more
excessiue
rewarde
or
Fée
,
than
belongeth
to
him
:
or
haue
taken
any
Fée
or
rewarde
for
expedition
in
doing
his
office
,
or
haue
vnlawfully
exacted
anie
Dathe
,
or
other
vndue
thing
:
Commission
of
the
Peace
.
If
any
Eschaetor
(
other
than
of
suche
a
Citie
,
Eorowe
,
or
Towne
,
as
hath
auctoritie
to
make
Eschaetors
within
themselves
by
letters
Patets
of
the
Quéene
,
or
hir
Progenitors
)
haue
taken
vppon
him
that
office
in
this
Shire
,
or
occupied
it
by
him selfe
,
or
an
other
,
and
had
not
then
in
this
Shire
,
Landes
,
Tenements
,
or
Rents
,
for
life
at
the
least
of
xx
.
●●
.
by
yeare
:
or
haue
solde
,
or
sette
to
ferme
that
office
,
or
made
any
deputies
for
whome
he
will
not
answare
,
and
whose
names
hép
hath
not
certified
within
20.
dayes
after
into
the
Escheaquer
,
12.
E.
4.
9.
Or
if
any
Eschaetor
hath
taken
for
the
execution
of
any
Diem
clausit
exiremum
,
or
other
Writte
in
one
Countie
aboue
fourtie
shillings
in
all
:
or
that
xl
.
shillings
where
the
landes
are
not
founde
to
beholden
in
Capite
:
23.
H.
6.
ca.
17
:
&
Fitzh.
143.
Or
hath
taken
for
the
finding
of
any
Office
of
landes
(
not
excéeding
fiue
pounde
by
yeare
)
aboue
fiftéene
shillings
in
all
,
for
all
,
the
thinges
thereof
,
33.
H.
8.
ca.
22.
If
any
Shirife
haue
letten
his
Countie
,
23.
H.
6.
ca.
10.
If
any
Shitife
,
or
other
his
minister
,
haue
arrested
,
or
imprisoned
,
or
caused
any
fine
,
or
raunsome
,
or
amerciament
to
'
bee
leauied
,
of
any
person
,
by
reason
of
any
priditment
,
or
presentment
made
in
the
Shirifes
turne
,
or
lauway
,
witout
processe
from
the
Iustices
of
peace
for
the
same
first
obtained
:
Dr
haue
not
brought
in
such
enditmets
and
presentments
to
the
Iustices
of
the
Peace
,
at
their
next
Sessions
.
1.
E.
4.
ca.
2.
If
any
Shirife
,
or
any
his
ministers
,
haue
entered
into
his
booke
,
any
plaintes
in
any
mans
name
,
not
being
present
in
the
Court
,
either
in
his
owne
person
,
or
by
sufficient
and
honest
Attourney
,
or
Deputie
:
Fr
haue
entred
anye
moe
plaintes
than
the
plaintise
supposeth
that
he
hath
cause
of
action
for
:
or
haue
leaused
the
Shire
amerciaments
without
booke
endensed
betwene
them
and
two
Iustices
of
the
Peace
:
Dr
if
the
Baylie
of
the
Hundred
haue
made
default
in
warning
or
executing
any
warrant
against
any
Desendant
in
the
Shirifes
Court
.
11.
H.
7.
ca.
15.
If
any
Shirife
,
or
his
minister
,
haue
leauied
any
the
debtes
of
the
●uéene
,
without
shewing
to
the
parties
the
Cstreates
of
the
same
vnder
the
Seale
of
the
Creates
.
42.
E.
3
ca.
9.
If
any
Shirife
,
or
Gaoler
,
have
denied
to
receaue
felons
by
the
deliuerie
of
any
Cons
tables
or
towneshippes
,
or
haue
taken
any
thing
for
receiuing
of
such
.
4.
E.
3.
Ca.
10.
In
liberties
,
the
Baylifes
,
Stewards
,
and
other
ministers
there
,
haue
like
fées
and
punis
hmentes
for
extortion
,
as
Shirifes
and
their
minister
haue
out
of
liberites
27.
H.
8.
cap.
24.
If
any
Corner
haue
refused
to
doe
his
office
vpon
the
views
of
a
beade
body
by
misadventure
,
without
taking
any
fée
therefore
.
●
.
H.
8.
ca.
7.
or
haue
taken
vpon
the
view
of
the
bodie
of
a
man
flayne
,
or
murdered
,
aboue
thirtéene
shillings
foure
pence
,
of
the
goods
of
the
flaier
or
murderer
,
if
he
had
goods
or
(
otherwise
)
of
the
towne
where
he
was
slain
in
the
day
time
and
was
suffered
to
escape
.
3.
H.
7.
ca.
1.
If
any
Didinary
,
or
his
Scribe
,
or
Register
,
haue
taken
moe
,
or
greater
fées
for
the
probate
of
a
Testament
,
or
for
Letters
of
administration
,
than
he
ought
to
take
,
that
is
to
say
,
fire
pence
for
the
Scribe
,
for
writing
the
probate
of
a
Testamente
that
shall
be
brought
written
in
parchment
,
and
likewise
fire
pence
for
the
Administration
,
where
the
goods
of
the
Testator
,
or
Intestate
be
not
aboue
fiue
poundes
.
21.
H.
8.
ca.
5.
If
the
Drdinarie
haue
cited
any
man
to
beare
witnesse
in
the
Spirituall
Court
:
Dr
haue
exacted
any
Dth
in
any
cause
,
other
than
Testamentarie
,
or
Matrimoniall
.
If
any
Parson
,
Vicar
,
or
Curate
,
haue
taken
aboue
ii●
,
pence
for
entring
in
the
Church
booke
the
licence
of
a
sicke
peron
to
eate
sleth
vpon
the
Wednesdayes
:
5.
Elizab.
ca.
5
:
Dr
aboue
two
pence
for
registring
of
a
Testime
niall
of
any
seruaunt
,
departing
from
one
place
to
an
other
.
Elizab.
ca
4.
Quaere
.
If
the
taking
of
Mortuaries
(
or
corps
pres
ets
)
against
the
Stature
25.
H.
8.
C.
6.
be
extortion
,
or
no.
If
the
Clearke
of
the
Peace
haue
taken
aboue
twelue
pence
for
the
inrolling
of
the
bargaine
and
sale
of
any
lande
not
excéeding
fortie
shillings
by
the
yere
:
or
aboue
two
shillings
fire
pence
if
the
lande
excéede
that
value
by
the
yeare
27.
H.
8.
ca.
16.
Eliz.
ca.
12
:
Dr
haue
sake
aboue
twelue
pence
for
a
Recognusance
of
him
that
tabath
a
Roge
into
his
seruice
for
one
yeare
.
14.
Elizab.
ca.
5.
If
the
Clearke
of
any
Iustice
of
Peace
haue
taken
aboue
twelue
pence
for
any
Recognusance
of
an
Alehouse
kéeper
,
or
Tippler
.
5.
E.
6.
ca.
25
If
the
Clearke
of
the
market
hath
taken
any
commen
fine
to
dispence
with
〈◊〉
hath
ridde
with
●●oe
than
fire
horses
,
or
hath
taried
longer
in
the
countrie
than
the
necessity
of
his
businesse
required
.
13.
R.
2.
ca.
4.
If
any
Officer
,
haue
in
any
To●vne
taken
Stauage
or
Shewage
(
the
is
to
say
)
any
thing
for
the
shewing
of
wares
or
Marchaundise
that
be
truely
custonied
to
the
Queene
before
.
19.
H.
7.
ca.
8.
If
the
Maior
of
this
Towne
of
Maidstone
(
and
so
of
other
Townes
in
other
Shires
)
haue
taken
aboue
f.
〈◊〉
for
sealing
a
Bushell
measure
,
or
aboue
ob
,
for
any
other
measure
:
or
aboue
f.
D.
for
sealing
C.
weight
,
or
aboue
ob
.
for
halfe
C.
weight
,
or
aboue
a
farthing
for
a
my
lesse
weight
.
7.
H.
7.
ca.
3
:
&
11.
H.
7.
ca.
4.
Sundrie
other
sees
of
Officers
there
be
,
as
of
Alnageours
,
Gaugeors
,
Sergeaunts
at
Aimes
and
whereof
there
is
not
so
common
vse
.
&
therefore
I
omit
them
.
If
any
Purueyour
of
the
Quéenes
Maiesties
haue
taken
any
thing
of
the
value
of
fortie
shillings
or
vnder
,
without
ready
payment
therefore
made
:
If
any
Constable
,
or
Borsholder
haue
not
(
vpon
request
made
,
)
assisted
the
owners
to
resist
the
purueyours
so
taking
:
And
if
any
of
the
Quéenes
Officers
haue
procured
any
to
be
arrested
or
vexed
for
such
resistance
20.
H.
6.
ca.
8.
If
any
Purueyour
haue
taken
or
selled
any
timber
trées
(
méete
to
be
backed
)
but
onely
in
barking
time
,
except
it
were
for
the
reparation
,
or
building
of
the
Queenes
houses
,
or
shippes
:
Dr
haue
taken
any
more
than
the
verie
timber
of
such
trées
5.
Elizab.
cap.
8
If
any
suche
Purueyour
haue
taken
any
thing
of
any
man
,
to
the
ende
to
spare
him
:
or
haue
taken
corne
by
any
other
measure
than
by
the
striked
Bushell
,
or
by
any
more
than
eight
such
Bushels
to
the
Quarter
:
or
haue
taken
carriadge
therefore
,
without
making
readie
payment
.
25.
E.
3.
ca.
1
:
36.
E.
3.
ca.
3
:
&
1.
H.
5.
ca.
10.
Of
Purueyours
within
fiue
miles
of
Oxenford
,
or
Cambridge
fee.
z.
&
3.
Phil.
&
Mar.
ca.
15
:
14.
Eliz.
ca.
II.
If
any
common
Informour
,
or
Promoter
(
as
he
is
commonly
called
)
have
compounded
or
agréed
with
any
person
for
any
offence
against
any
penall
Lawe
,
without
the
order
or
consent
of
some
of
the
Courtes
at
Westminister
,
or
have
willingly
delayed
,
or
discontinued
his
sute
once
commenced
.
18.
Elizab.
cap.
5.
If
any
man
have
rais●d
hue
and
crie
without
cause
,
or
it
being
raised
,
have
not
bene
readie
at
the
commaundement
of
the
Shirise
,
or
at
the
hue
and
crie
of
the
Countrie
to
pursue
and
arrest
Felons
,
or
suche
as
have
daungerously
hurte
any
man
:
And
if
the
Shirife
or
any
Baylises
have
not
followed
the
hue
and
crie
with
horse
and
armour
W.
1.
3.
E.
1.
ca.
9
:
3.
E.
1.
Officium
Coronatorius
:
Statut.
Winchester
,
13.
E.
1.
If
the
Watche
of
twelus
men
in
euerie
Borough
haue
bene
kept
from
sunne
rising
to
sunne
setting
betwene
Aseension
day
and
Michaelmas
day
,
to
arrest
straungers
that
passe
by
:
Statut.
Winton
.
If
any
Lorde
of
the
Soyle
have
not
enlarged
the
high
way
from
market
to
market
,
so
that
no
dike
,
bushe
nor
trée
(
except
greate
trée
)
bée
within
two
hundreth
foote
of
eache
●●●e
thereof
:
Statur
.
Winton
.
If
any
persons
(
except
the
Quéenes
seruauntes
and
officers
in
doing
her
seruices
,
and
their
companie
aiding
them
in
that
behalfe
)
have
ridden
,
or
gone
armed
by
daye
or
night
:
or
have
brought
force
in
affray
of
the
people
,
before
the
Queenes
Iusties
,
or
otherwise
Statut.
Northampion
,
2.
Edw.
3.
cap.
3.
If
any
person
arrested
,
or
imprisoned
for
Felonie
have
benc
negligently
suffered
to
escape
.
1.
R.
3.
ca.
3.
If
any
bée
a
Barrettour
,
or
a
common
quarrellour
,
or
otherwise
of
euill
name
and
fame
,
18.
Edw.
3.
cap.
2
:
34.
Edw.
3.
cap.
1.
33.
H.
8.
cap.
10
:
&
37.
H.
8.
cap.
7.
The
woorde
(
Barrettour
)
may
seeme
to
bee
derined
,
eyther
of
the
French
Barat
,
and
so
it
seemeth
to
bee
taken
in
the
Statute
of
Champartie
.
(
Quem
penès
arbitrium
est
,
&
ius
&
norma
loquendi
.
)
taketh
it
for
a
common
quarrellour
,
or
a
mainteinour
of
Quarrelles
:
and
in
that
sense
I
thinke
it
to
stande
in
the
olde
Statute
,
called
Ragman
.
If
anie
bée
a
Champartour
,
that
is
to
say
,
one
that
mooueth
pleas
or
suites
,
or
causeth
or
procureth
them
to
bée
moued
,
at
their
owne
costes
,
to
the
ende
to
have
parte
of
the
Lande
,
or
other
thing
in
variance
.
33.
E.
1.
If
any
Iurour
in
any
Cnquest
here
,
have
taken
any
thing
of
any
man
to
make
his
presentment
fauourable
.
5.
E.
3.
ca.
10.
If
any
person
have
by
him selfe
,
or
other
for
him
,
giuen
any
liuerie
of
signe
of
companie
,
or
badge
,
or
reteyned
any
man
,
other
than
his
householde
Seruaunt
,
Officer
,
or
learned
man
in
the
Lawe
.
1.
H.
4.
cap.
7
:
2.
H.
4.
ca.
21
:
&
8.
E.
4.
ca.
2.
If
any
companie
of
menne
(
other
then
menne
of
Fraternities
,
and
men
of
Artes
in
Citties
and
Boroughes
)
have
made
any
one
generall
suite
of
Clothe
,
Boodes
,
or
Hattes
amongst
them
,
to
bee
knowen
by
.
7.
H
4.
cap
14.
If
any
person
have
within
these
thrée
monethes
aduisedly
and
with
a
ma●icious
●ntent
agaynst
the
Queenes
Maiestie
,
of
hys
owne
imagination
spoken
any
false
,
seditious
and
flaunderous
néwes
,
or
sayinges
of
the
Queenes
Maiestie
:
or
haue
within
the
saide
tyme
aduisedly
and
with
a
malitious
entent
spoken
any
suche
newes
or
tales
to
the
flaunder
and
defamation
of
our
sayde
Queene
,
of
the
reporting
or
speaking
of
any
other
,
23.
El●z
,
cap.
2.
If
any
person
haue
by
writing
,
or
open
speache
notified
,
that
the
eating
of
Fishe
or
forbearing
of
Fleshe
mentioned
in
the
Statute
for
the
Wednessday
(
5.
Elizab.
cap.
5.
)
is
of
necessitie
for
saluation
of
soules
,
or
is
the
seruice
of
God
,
otherwise
than
as
other
politike
Lawes
be
,
5.
Elizab.
ca.
5.
If
any
person
haue
falselye
and
deceitefullie
gotten
into
his
possession
any
money
or
other
things
of
any
other
mans
,
by
colour
of
false
prtuie
token
,
or
of
counterfait
letter
made
in
an
other
mans
name
.
33.
H.
8.
cap
1.
If
any
haue
vttered
them selues
to
bée
Proctours
,
hauing
no
sufficient
auctoritie
,
or
haue
gone
about
idle
,
vsing
crastie
games
,
or
pretending
skill
in
Palmestrie
,
telling
of
vestinies
,
or
other
abused
sciences
:
or
(
that
being
whole
and
able
in
bodie
,
and
not
hauing
land
,
Maister
,
nor
meane
to
get
their
siuing
)
can
give
no
reckning
howe
they
gette
their
liuing
lawfully
:
If
any
Fencers
,
Bearwards
,
Common
players
in
Enterludes
,
or
Minstrells
(
not
belonging
to
any
Baron
or
personage
of
greater
degrée
)
Iuglers
,
Pedlers
,
Tinkers
,
or
Petit
chapmen
,
haue
wandred
about
without
licence
of
two
Iustices
of
peace
:
If
any
common
labourers
(
being
able
in
bodie
)
haue
vsed
loytering
,
or
refused
to
worke
for
the
appointed
wages
:
If
any
haue
counterfaited
licences
,
or
passeported
,
or
haue
vsed
such
,
knowing
them
to
be
counterfait
:
If
any
Scholers
of
Oxford
or
Ca●●●●●ge
,
haue
gone
about
begging
not
auctorized
vnder
the
Vniuersitie
Seale
,
or
shippemen
,
pretending
losse
by
sea
,
or
deliuered
prisoners
,
begging
for
their
fées
,
or
trauailing
to
their
countrie
or
friendes
,
not
being
lawfully
lycenced
:
If
any
seruant
departing
out
of
seruice
,
bée
founde
with
a
counterfait
Testimoniall
.
If
any
poore
bodie
haue
frauailed
from
home
towards
Bathe
or
Buckston
,
without
lawfull
lic●nce
,
or
being
pro●ided
for
in
his
or
hir
parishe
,
haue
notwithstanding
secondly
wandred
abroad
without
licence
:
For
all
these
bée
Roges
and
Vagabounos
.
14.
Elizab.
cap.
5.
If
any
Constable
,
or
Borsholder
,
haue
not
bone
his
best
endeuour
to
apprehende
suche
Roges
as
have
begged
or
made
aboad
within
their
limits
,
or
haue
wilfully
suffered
any
of
them
to
escape
punishment
:
And
if
any
person
haue
giuen
harborow
,
or
other
reliefe
to
any
such
koge
:
If
any
person
haue
hindered
the
execution
of
the
Statute
concerning
Rogesf
,
or
haue
made
rescous
to
any
person
endeuouring
the
execution
thereof
.
El.
ca.
5
:
&
18.
El.
cap.
3.
If
any
persons
to
the
number
of
thrée
,
or
aboue
,
haue
bene
riotously
assembled
to
beate
any
man
,
to
enter
upon
a
possession
,
or
to
dos
any
such
vnlawfull
acte
,
haue
done
it
in
déede
,
or
attempted
to
doe
it
:
Dr
haue
bene
assembled
togither
in
Rowtes
for
any
common
quarrell
:
or
otherwise
vnlawfully
against
the
Quéenes
Maiesties
Peace
.
If
any
persons
(
above
the
number
of
two
,
and
vnder
xij
.
)
being
assembled
,
haue
intended
vnlawafull
with
force
to
murder
,
or
stea
any
of
the
Quéenes
subiects
:
Dr
to
cut
or
cast
vowne
any
inclosure
,
or
bankes
of
any
fishe
pond
,
or
conduit
head
,
or
pipe
,
or
to
do
any
the
Déedes
(
mentioned
in
vnlawfull
assemblies
before
)
and
haue
not
departed
vppon
proclamation
,
but
haue
attempted
to
doe
any
of
those
things
.
Or
if
any
person
(
being
moued
to
make
any
rebellious
assemblie
)
haue
not
within
24.
houres
after
disclosed
the
same
to
a
Iustice
of
the
Peace
,
or
to
the
Shirife
:
Dr
if
any
person
haue
stirred
or
procured
any
other
to
make
such
assemblis
.
1.
Mar.
parl.
1.
ca.
12
:
1.
El.
ca.
17.
If
any
haue
lyen
in
awaite
,
to
mayheme
,
or
kill
any
other
.
If
any
haue
entered
in
to
landes
,
or
possessions
with
force
,
or
entering
peaceably
,
haue
bolden
the
same
with
force
.
If
any
person
haue
vnlawfully
broken
,
or
destroyed
the
heade
or
damme
of
any
pond
,
mote
,
stem
,
or
severall
pitte
wherein
fishes
are
put
by
the
owner
therof
:
or
haue
wrongfully
slshed
in
any
of
the
same
,
to
the
intent
to
take
away
the
fishe
against
the
owners
will
:
Dr
haue
wrougfully
entered
into
any
Parke
,
or
other
ground
,
before
this
Statute
inclosed
,
or
after
this
Statute
,
(
by
the
iicence
of
the
Prince
)
to
be
inclosed
and
bsed
for
kéeping
of
Déere
,
and
haue
wrongfully
hunted
,
oriuen
out
,
hurt
,
or
killed
,
any
Daere
there
:
Dr
if
any
person
haue
vnlawfully
taken
away
any
Hawke
,
or
the
eggs
of
any
Hawke
out
of
the
woodes
,
or
groundes
of
any
other
person
.
El.
ca.
21.
If
any
person
haue
taken
,
or
caused
to
bée
taken
,
vppon
his
owne
,
or
other
mens
grounde
,
the
egges
of
any
Falcon
,
Goshawke
,
Lannar
,
or
Swanne
:
or
haue
taken
any
Cirer
Falcon
,
Goshawke
,
Tercell
,
Lanner
,
or
Lanneret
:
or
haue
purposely
〈◊〉
them
out
of
thier
Couertes
:
or
haue
borne
any
Hawke
of
the
bréede
of
England
,
called
a
Niesse
Goshawke
,
Tasset
,
Lanner
,
or
Lameret
.
11
H.
7.
ca.
17.
If
any
Artisicer
,
Labourer
,
or
other
Lay
man
,
not
hauing
lands
,
or
tenements
of
forty
shillings
by
yeare
,
or
any
sprituall
person
not
aduaunced
to
ten
poundes
liuing
by
the
yeare
,
haue
kept
greyhound
,
hound
,
or
other
dogge
to
hunte
,
or
vsed
firrets
,
nets
,
or
other
engines
,
to
take
or
destroye
,
Déere
,
Hares
,
Co●es
,
or
other
gentiemans
game
.
13.
R.
2.
13.
If
any
person
haue
traced
,
killed
,
and
destroied
any
Hare
in
the
snowc
.
14.
H.
8.
ca.
10.
If
any
person
whatsoever
,
haue
taken
,
or
killed
any
phesants
,
or
Partriches
,
with
any
maner
of
nette
,
or
other
deuise
whatsoever
,
vpon
the
fréehold
of
any
other
,
without
speciall
licence
,
or
in
the
night
time
,
except
it
were
vnwillingly
,
by
lowbelling
,
or
tramelling
,
who
also
did
then
&
there
presently
let
them
goe
againe
:
Dr
if
any
person
haue
hawked
,
or
with
his
spaniels
hunted
in
any
grounde
(
not
being
his
owne
)
where
any
corne
or
graine
did
then
growe
,
or
before
it
was
shocked
,
or
copped
,
without
the
consent
of
the
owner
of
such
corne
or
graine
.
H.
7.
ca.
17
:
&
23.
El.
ca.
10.
If
any
person
haue
by
him selfe
or
an
other
,
sold
any
marchandizes
or
wares
so
any
other
,
and
haue
within
thrée
monethes
next
after
that
,
by
him selfe
or
by
any
other
bought
the
same
,
or
any
part
thereof
againe
,
uppon
a
lesser
price
,
knowing
them
to
bée
the
same
:
Dr
if
any
person
haue
by
any
corrupt
bargaine
,
mortgage
,
or
other
meanes
,
taken
in
gayne
,
abouc
the
rate
of
ten
pounds
for
the
hundred
,
for
one
whole
yeares
forbearance
,
and
so
after
that
rate
,
for
more
,
or
lesse
.
37.
H.
8.
ca.
9
:
13.
El.
ca.
8.
If
any
haue
within
these
two
yeares
forstalled
,
regrated
,
or
ingrossed
vnlawfully
:
A
Forstaller
is
he
,
that
buyeth
or
causeth
to
bee
bought
,
or
maketh
courract
or
promise
for
the
hauing
or
buying
of
any
victuall
,
or
wares
,
comming
by
land
or
water
towards
any
faire
or
market
to
be
solde
,
or
comming
from
beyonde
the
Se●
towards
any
Citie
,
port
,
Hauen
,
Creeke
,
or
Roade
of
this
Realme
to
be
folde
before
the
same
shall
be
in
the
Faire
or
Market
,
Citie
,
Port
,
or
Hauen
ready
to
be
solde
:
Or
that
by
any
meanes
maketh
motion
to
any
person
for
enhauncing
the
price
of
the
same
:
Or
that
doth
'
disswade
,
moue
,
or
stirre
any
person
.
A
Regrator
is
he
,
that
regrateth
or
getteth
into
his
possession
,
in
any
Faire
,
or
Market
,
any
corne
,
wine
,
sishe
,
butter
,
cheese
,
candles
,
tallowe
,
sheepe
,
lambes
,
calues
,
swine
,
pigges
,
geese
,
capons
,
hennes
,
chickens
,
pigeons
,
conies
,
or
other
deade
victuall
whatsoeuer
,
brought
to
any
Faire
or
Market
to
be
solde
,
and
selIeth
the
same
againe
in
any
Faire
or
Market
keps
there
,
or
within
foure
miles
thereof
.
An
Ingrossor
is
he
,
that
ingrosseth
or
getteth
into
his
handes
by
buying
,
contract
,
or
promise
,
taking
(
other
than
by
demise
,
lease
,
or
graunt
,
of
land
or
of
tithe
)
any
corne
growing
in
the
sieldes
,
or
other
corne
,
or
graine
,
butter
,
cheese
,
sishe
,
or
other
dead
victuall
,
with
in
England
,
to
the
intent
to
sell
the
same
againe
.
6.
Ed.
6.
cap.
14
:
5.
Elizab.
cap.
12
:
13.
Elizab
ca.
25.
If
any
person
haue
within
these
two
yeares
bought
corne
in
any
Fayre
or
Market
for
chaunge
of
his
séede
(
hauing
then
sufficient
for
his
house
,
and
for
sowing
his
groude
for
a
yeare
)
and
did
not
bringe
this
ther
if
he
might
)
so
much
as
he
did
so
buye
,
and
did
not
the
same
day
sell
it
after
the
price
then
going
.
5.
E.
6.
ca.
14.
If
any
person
haue
within
these
two
yeares
bought
Dxen
,
konts
,
Stéeres
,
kyen
,
Heyfares
,
Calues
,
Shéepe
,
Lambes
,
Goates
,
or
Byddes
,
liuing
,
and
solve
any
of
the
same
againe
aliue
,
before
he
hath
kept
them
fiue
wéekes
.
5.
E.
6.
ca.
14.
If
any
person
not
hauing
the
Huéenes
speriall
licence
,
haue
bought
or
ingrossed
tanned
leather
,
to
sell
it
againe
vnlesle
he
bee
an
Artisicer
that
maketh
wares
of
such
tanned
leather
,
and
worketh
itin
the
same
.
ti.
E1
.
ca.
9
If
any
person
hath
bought
any
wollen
yarne
,
and
have
not
made
clothe
therof
.
If
any
Butcher
,
or
other
person
have
killed
any
younge
suckling
calue
,
to
bée
solde
whole
,
or
by
retaile
,
which
was
calued
between
the
first
of
Januarie
,
and
the
first
of
Maye
.
Or
have
killed
eny
weinling
,
bullocke
,
stéere
,
or
heifare
(
under
the
age
of
two
yeares
)
to
be
sold
whole
or
by
retailer
ibidem
.
If
any
person
have
willingly
(
betwene
the
first
of
Marche
&
last
of
June
in
any
yeare
)
taken
away
or
destroied
the
egges
of
any
wildswle
(
used
to
be
eaten
)
from
the
place
where
they
did
lay
the.
25.
H.
8.
c.
11
:
3.
E.
6.
c.
3.
If
any
person
(
séeding
aboue
.
120.
share
shéepe
for
the
most
part
of
the
yeare
upon
his
grounds
the
be
méete
for
mylchckyen
,
&
wherein
no
person
hath
any
commune
)
have
not
kept
for
euerie
.
60.
such
shéepe
reared
up
one
calfe
,
during
the
time
of
kéeping
such
shéepe
.
2.
&
3.
Phil.
&
Mar.
cap.
3
:
13.
E1
.
ca.
25.
If
any
person
have
taken
any
Salmons
betwéene
the
feastes
of
the
natiuitis
of
the
blessed
virgine
Marie
,
and
of
S.
Martine
,
in
any
riuers
or
waters
:
Dr
have
taken
young
Salomons
at
any
will
poole
,
or
other
place
,
between
the
midst
of
Aprill
and
Midsomer
:
or
have
at
any
time
cast
into
any
waters
any
nette
,
by
which
the
Frye
of
any
Fishe
may
bée
taken
.
If
any
perso
have
with
any
net
,
or
meane
,
taken
and
killed
any
frye
or
spawne
of
any
fishe
in
any
weare
,
fludgate
,
streame
,
or
river
(
salt
,
or
freshe
)
or
at
the
tayle
of
any
milk
or
have
taken
there
any
Salmons
,
or
Droufs
,
out
of
season
,
that
is
,
being
kippers
or
shedders
:
Dr
have
taken
and
killed
any
pickerell
under
ten
inches
fishe
in
length
,
or
Salmons
under
.
16.
inches
,
or
Drout
under
.
8.
inches
,
or
Barbell
under
.
12.
inches
:
or
have
fished
in
any
the
said
places
with
any
net
,
but
such
wherof
every
meshe
was
.
2.
inches
&
a
halfe
broade
&
But
Angling
is
excepted
,
and
so
is
the
taking
of
Smeltes
,
Loches
,
Minemes
,
Binheades
,
Budgeons
,
and
Cles
,
in
places
only
where
they
have
bene
used
to
bée
take
.
If
anye
Butcher
,
Fishmonger
,
Inholder
,
Lippler
,
Brewer
,
Baker
,
Poulter
,
or
other
seller
of
victuall
,
have
not
solde
the
same
at
reasonable
prices
,
&
for
moderate
gaines
.
If
anye
Butchers
,
Bakers
,
Brewers
,
poulters
,
Cookes
,
Fruiterers
,
or
anye
mysterie
of
anye
of
them
,
have
conspired
,
or
taken
any
dathe
,
or
promise
,
not
to
sel
but
at
prices
sertaine
agréede
betwéene
them
.
If
anye
Butcher
have
solde
,
or
offered
to
fell
,
Swines
flesh
mezeled
,
or
any
flesh
that
dyed
of
the
morreine
:
Dr
if
anye
other
Victualler
have
solde
,
or
so
offered
to
sell
anye
corrupte
or
unwholesome
victuall
:
State
,
Pictorum
.
cap.
7.
If
anye
person
have
,
againste
proclamation
thereof
made
,
transported
or
carried
out
of
this
Realme
,
anye
Corne
,
Graine
,
or
Dalte
,
growing
or
made
here
:
or
anye
Béere
,
Butter
,
Chéese
,
or
Moodin
any
uessell
(
excepte
to
Barwicks
,
or
the
Marshes
thereof
)
without
sufficiente
auctoritie
,
or
any
Seafishe
,
or
herring
not
taken
by
a
naturall
borne
Subiecte
here
:
or
have
by
any
meanes
conveyed
,
or
wittingly
consented
to
convey
,
anye
of
the
saide
things
,
to
anye
vessel
being
on
the
Sea
,
or
in
anye
place
or
haven
of
this
keatme
to
bée
transported
over
Sea
,
or
into
Scotlande
,
without
sufficient
auctoritie
:
or
if
anye
person
having
licence
to
convey
anye
of
the
sayde
things
,
have
fraughted
or
laden
his
vessell
,
or
any
part
thereof
,
at
anye
moe
places
than
one
onelye
:
1.
&
.
2
Phillip
&
Maric
.
cap.
6.
13.
El1z
.
ccap.
13
:
13.
El1z
cap.
11.
If
anye
person
have
boughte
to
sell
againe
anye
Butter
or
Chéese
,
unlesse
it
bée
in
open
Faire
or
Markette
by
retayling
it
affect
the
weigh
of
Chéese
Barrel
of
But●e●
〈◊〉
a
lesse
quantitie
:
or
unlesse
it
bée
〈…〉
for
that
which
that
be
retayled
or
●ponte
in
theyr
houses
〈…〉
6.
ccap.
2R
&
.
14.
E
〈…〉
If
anye
person
have
packed
Fisve
in
Barrels
,
and
have
mired
the
Countable
Fishe
with
the
small
Fishe
.
22.
Edward
.
4.
2
:
11.
H.
7.
23
:
Or
have
boughte
of
a
Straunger
borne
,
or
out
of
a
Strangers
bottome
,
any
Herring
(
other
than
suche
as
commeth
hither
by
reason
of
Shipwracke
)
not
sufficientlye
salted
,
packed
,
and
casked
.
If
anye
have
broughte
,
sente
,
or
received
into
anye
Shippe
or
Bottome
,
anye
Kammes
,
Shapes
,
or
lambes
,
being
alive
,
to
bée
convyed
out
of
the
Duéenes
dominions
:
or
if
any
person
have
procured
the
same
.
If
anye
perso
have
dryed
in
this
kealme
to
bee
folde
anye
fishe
taken
or
broughte
hither
by
anye
straunger
borne
.
If
anye
Straunger
borne
,
have
broughte
into
thys
kealme
,
anye
Coddes
,
or
Lings
,
packed
in
Barels
,
or
other
Caskes
.
If
anye
person
have
within
this
yeare
,
taken
upon
him
to
set
price
,
to
take
toll
,
or
in
demaunde
anye
fare
upon
any
〈◊〉
the
taken
by
anye
Subiecte
of
the
Nuéene
in
theys
〈◊〉
vessels
:
or
if
any
Purueiour
or
other
person
have
within
that
time
,
by
colour
of
any
Comissio
take
any
such
Dering
,
or
Seafish
(
other
than
the
accustained
composition
Fish
for
Island
)
against
the
will
of
the
bringer
in
thereof
:
Dr
if
anye
person
have
within
that
time
caused
to
bée
laden
and
carried
in
any
vessel
(
wherof
any
stranger
borne
,
is
wholie
or
partlye
owner
or
Maister
)
anye
fish
,
victual
,
or
other
thing
,
from
one
Porte
or
Créeke
of
thys
Kealme
,
to
anye
other
of
the
same
:
Or
if
anye
person
haue
within
that
time
broughte
into
thys
Kealme
,
or
anye
parte
thereof
,
other
than
into
the
Ile
of
Man
,
or
into
Wales
,
anye
Wine
comming
out
of
the
Dominions
of
Fraunce
,
or
any
Tholouse
Woad
,
but
onely
in
such
vessel
whereof
some
Subiecte
of
the
Quéene
was
then
owner
,
or
part
owner
.
5.
El.
ca.
5.
If
anye
person
auctorired
to
sel
Wine
by
retaile
,
haue
wythin
this
yeare
solde
the
same
aboue
the
prices
thereof
limitted
by
the
Quéenes
Proclamation
5.
Elizabeth
.
cap.
5.
If
anye
person
,
not
being
the
sonne
of
a
Péere
,
or
Earron
of
thys
Kealme
,
nor
hauing
landes
or
profttes
to
the
yearely
value
of
one
hundred
markes
,
or
goods
to
one
thousande
markes
,
haue
kepte
in
his
house
anye
vessell
of
Gascon
,
Guion
,
Frenche
,
or
Rochell
Wine
,
contayning
aboue
tenne
Gallons
,
to
the
intent
to
spends
the
same
in
his
house
.
7.
E.
6.
ca.
5.
If
anye
person
(
other
than
by
reason
of
age
,
sickenesse
,
childiug
,
or
licence
)
haue
wythin
thye
yeare
eate
flesh
in
Lent
,
or
vpon
anye
fishe
daye
obserued
by
the
custome
of
this
Kealme
,
2.
Ed.
6.
ca.
19
:
5.
Elizab.
Cap.
5.
If
any
person
,
haue
vpon
any
Weditesday
(
not
falling
in
Christmasse
wéeke
,
or
Caster
wéeke
)
eaten
other
than
of
one
dishe
or
kinde
of
fleshe
,
for
the
whiche
also
he
shall
then
haue
eaten
at
his
table
thrée
ful
dishes
of
Sea
fishe
of
thrée
kindes
.
5.
Elizabeth
.
cap.
5.
If
anye
common
Brewer
,
Baker
,
or
Assise
of
Tippler
,
haue
broken
the
Assise
of
Breade
,
Béere
,
or
Ale
:
And
if
anye
Stewarde
of
Leete
,
or
Officer
in
Markette
Towne
,
haue
taken
any
fine
for
breache
of
the
Assise
of
Breade
or
Ale
,
in
such
cases
,
where
corporall
punishmente
is
appointed
.
13.
R.
2.
cap.
8.
If
anye
person
haue
boughte
or
solde
by
anye
vnlawfull
weightes
or
measures
:
or
if
anye
person
haue
boughte
or
solde
in
any
Citie
,
or
Market
,
with
any
weight
or
measure
that
is
not
lawfully
marked
,
or
signed
:
11.
H.
7.
4.
15.
R.
2.
ca.
4
:
11.
H.
7.
ca.
4
:
5.
E.
3.
de
Pistor
.
If
they
of
the
Towne
where
the
Bings
Standerd
is
appointed
to
remain
,
haue
not
their
common
weightes
and
measures
signed
,
or
haue
not
thereby
signed
weightes
and
measures
to
all
that
haue
required
the
same
.
11.
H.
7.
ca.
4.
If
any
vessell
for
Béere
or
Ale
haue
bene
solde
or
put
to
sale
,
being
made
of
vnseasonable
wood
,
or
not
hauing
ther
vpon
the
mark
of
him
that
made
it
:
Or
if
anye
Barrell
for
Béere
containe
not
of
the
Quéenes
standard
36
Gallons
:
the
Kilderken
18
Gallons
:
the
●●rkin
nine
Gallons
:
Euerie
Barrell
of
Ale
.
32
Gallons
:
the
kilderkin
sixtéene
Gallons
,
and
euerie
Ferkin
.
23.
H.
8.
ca.
4.
If
anye
haue
made
or
broughte
into
thys
Kealme
any
Tunne
of
Wine
,
not
contayning
252.
2.
H.
6.
11
:
22
,
E.
4.
ca.
2
:
1.
R.
3.
ca.
13
:
&
28.
H.
8.
cap.
14.
If
any
haue
made
any
vessel
of
Sope
,
that
being
emptie
containeth
not
32.
23.
H.
8.
ca.
4.
If
any
Millers
haue
taken
toll
by
heaped
mcasure
.
31.
E.
1.
de
Pistor
&
Bracia
.
If
any
Artificers
,
Workemen
,
or
Labourers
,
haue
conspired
,
or
promised
togither
,
or
made
anye
oathes
,
that
they
will
not
doe
their
workes
but
at
a
certaine
price
or
rate
,
or
but
at
certaine
times
,
or
but
a
certaine
worke
in
a
day
,
or
that
one
of
them
shall
not
take
vpon
him
to
sinishe
that
which
another
hath
begone
.
If
anye
Arrowheade
smift
haue
not
wel
boiled
,
brased
,
&
hardened
at
the
point
with
Stéele
,
and
marked
with
his
marke
suche
heades
of
Arrowes
and
Duarrels
,
as
hée
hath
made
.
7
H.
4.
ca.
7.
If
anye
person
(
during
such
time
as
he
vsed
the
mysterie
of
Lanning
of
any
Bide
or
skin
of
Dre
,
Stéere
,
Bul
,
Cow
,
Calfe
,
red
or
fallow
Daere
,
Goate
,
or
Séepe
)
haue
vsed
althe
mysterie
of
a
Shoemaker
,
Curriour
,
Butcher
,
or
of
any
Artificer
vsing
the
cutting
or
working
of
such
Leather
.
If
anye
person
haue
gashed
or
cutte
the
Hyde
of
any
Bull
,
Oxe
,
Stéere
,
or
Cowe
,
whereby
it
is
impayred
:
or
if
any
Lanner
haue
put
to
sale
any
such
Hide
.
If
any
person
(
other
than
such
as
at
Mithaelmasse
.
1559
had
fréeholde
of
fortie
pounds
by
the
yeare
,
or
had
then
any
Lanhouse
and
did
occupy
tanning
of
Leather
,
or
hath
bene
an
Apprentise
or
taught
as
a
hyred
seruaunt
seuen
yeres
to
a
Lanner
,
or
hath
bene
wise
to
a
Lanner
,
or
the
sonne
of
a
Lanner
,
and
broughte
vp
foure
yeares
in
that
Arte
,
or
the
sonne
or
daughter
of
a
Lanner
,
or
such
as
hathe
married
the
wife
or
daughter
of
a
Lanner
that
leste
to
the
same
hys
Lannehouse
and
Fattes
)
hathe
tanned
anye
Leather
,
or
hath
taken
any
profit
by
the
tanning
therof
.
If
anye
Lanner
haue
suffered
any
hide
to
lye
in
the
Limes
longer
,
than
till
the
haire
falleth
off
,
or
may
be
taken
off
,
or
haue
vsed
any
other
,
than
Lime
,
Culuerdug
,
H●dung
,
colde
water
,
Wose
of
cold
water
,
and
Okebark
,
in
his
tanning
,
or
haue
ouerlimed
any
Hides
,
in
the
pits
,
or
put
the
in
vessels
before
the
lime
be
perfectly
wrought
out
,
or
haue
suffered
his
Leather
to
be
frozen
with
the
frost
,
or
be
parched
wyth
the
Fire
,
or
the
Sunne
:
Or
haue
tanned
any
rotten
Hides
,
or
wrought
them
negligently
in
the
Wose
,
or
haue
not
renued
the
Wose
so
ofte
as
néede
was
:
Dr
haue
not
suffered
the
Hides
for
vtter
soale
and
clout
leather
to
lye
in
the
Wose
twelue
monethes
,
and
for
the
vpper
leathers
,
nine
monethes
:
Or
hath
not
sufficiently
tanned
any
Hide
:
Or
hath
taned
any
hide
of
Oxe
,
Stéere
,
or
Cowe
,
other
wise
than
whole
,
and
without
cutting
any
parte
thereof
away
,
except
thrée
or
foure
Bends
ouerthwart
for
clout
leather
:
Or
haue
tanned
any
Bull
hide
,
Horse
hides
,
or
Shéepe
skin
:
Or
haue
putte
anye
of
them
to
sale
,
béeyng
tanned
.
If
any
person
haue
putte
to
sale
any
tanned
leather
(
red
and
vnwrought
)
vnlesse
it
be
sufficiently
tanned
and
dried
,
and
vnlesse
it
be
in
the
places
appointed
for
it
,
in
open
Faires
and
Markets
,
and
vnlsse
it
be
first
searched
and
sealed
:
Or
haue
departed
with
the
hide
of
Oxe
,
Stéere
,
or
Cowe
,
but
onely
whole
,
wythout
any
parte
cutte
off
,
excepte
bends
for
clouting
leather
,
as
before
.
If
any
person
haue
bought
,
contracted
for
,
or
bespoken
any
rough
hide
,
or
Calues
skins
in
the
haire
(
except
salt
Hides
for
the
vse
of
ships
)
but
such
persons
onelie
as
shall
tawe
the
same
:
or
shall
,
and
may
,
by
this
Act
tanne
the
same
:
Or
haue
bought
or
bespoken
any
tanned
Leather
,
not
w●ought
into
made
wares
(
other
than
neckes
or
shreds
of
Sadlers
,
or
gyrdlers
,
but
such
persons
onelie
,
as
will
conuert
and
worke
the
same
into
made
wares
5.
Elizab.
cap.
8.
If
any
Currior
haue
curried
any
leather
,
but
in
his
owne
house
,
and
that
being
in
a
Corporate
or
Market
towne
:
Or
haue
curried
any
Leather
not
well
tanned
,
or
not
throughly
dried
after
his
watte
season
:
Or
haue
vsed
in
his
wette
season
any
deceitfull
meanes
to
corrupt
the
same
:
Or
haue
Curried
vtter
sole
leather
with
any
other
stuffe
than
hard
fallow
,
or
inner
soale
,
or
ouer
leather
with
any
salt
stuffe
:
Or
haue
not
liquored
them
both
throwly
:
Or
haue
burned
,
scalded
,
or
shauen
foo
thinne
,
or
not
wrought
sufficientlye
any
Leather
:
Or
haue
gashed
or
hurte
any
Leather
by
any
meanes
,
5.
Elizab.
cap.
8.
If
any
Curriour
haue
(
during
the
time
that
he
hath
occupyed
Currying
)
vsed
the
feate
of
a
Lanner
,
Shoomaker
,
Butcher
.
or
other
Artificer
,
vsing
cutting
of
Leather
.
5.
Elizab.
ca.
8.
If
any
Shoomaker
haue
made
any
Boots
,
Buskins
,
Shooes
,
Slippers
,
or
Pantofles
,
or
any
part
of
them
of
English
Leather
wet
curried
,
(
other
than
Deeres
,
Goates
,
or
Calues
skinnes
,
dressed
like
Spanish
Leather
)
but
of
Leather
well
tanned
and
curried
,
or
well
tanned
onelie
,
and
well
sewed
with
thréede
well
twisted
,
wared
,
and
rosoned
,
and
with
the
stitches
harde
drawen
,
with
hard
Leathers
,
and
without
mixing
of
Neates
or
Calues
leather
in
the
vpper
leatheres
thereof
:
Or
haue
put
in
any
Bootes
,
Buskins
,
Startups
,
or
Slippers
betwéene
the
laste
of
September
,
and
the
twentith
of
Aprill
)
méete
for
any
person
,
aboue
foure
yeares
olde
,
any
drie
English
Leather
(
other
than
Calues
or
Goates
skinnes
,
dressed
like
Spanish
Leather
:
)
Or
haue
shewed
for
sale
,
anye
of
hys
wares
vppon
the
Sondaye
morning
before
diuine
seruice
be
ended
5.
Elizab.
cap.
8.
Elizab.
cap.
8.
If
any
Lordes
of
Faire
or
Market
,
haue
not
appointed
two
or
thrée
honest
and
skilfull
persons
,
to
be
searchers
and
sealers
of
Leather
there
:
And
if
any
the
searchers
and
sealers
so
appointed
,
haue
refused
to
cut
the
wombs
from
the
vtter
soale
Leather
truely
tanned
,
and
before
it
he
Curried
:
or
haue
refused
to
seale
good
Leather
:
or
made
befaulte
in
searche
:
or
not
registred
the
bargaines
for
Leather
,
(
taking
hys
due
sees
)
or
haue
concealed
anye
faultes
,
5.
Elizab.
cap.
8.
If
any
person
haue
denied
any
such
searcher
to
enter
into
any
place
,
to
searche
tanned
Leather
,
and
wrought
ware
,
or
to
seise
and
carry
awaye
that
whiche
was
insufficient
:
Or
if
any
haue
caryed
out
of
any
Faire
or
Market
,
anye
whole
Oxe
or
Stéere
hide
(
whereof
any
soale
leather
may
bée
cut
)
before
the
wombs
be
cutte
off
:
Or
haue
put
away
any
tanned
leather
(
red
&
vnwrought
)
wythout
registring
the
same
,
and
the
price
thereof
:
or
haue
bought
any
tanned
Leather
,
before
it
was
seached
and
sealed
,
or
haue
carried
it
out
of
any
Faire
or
market
before
it
was
registred
,
5.
Eliz.
ca.
8.
If
anye
Goldsmith
,
or
worker
of
siluer
,
haue
wrought
any
siluer
,
that
is
not
so
fine
in
allay
as
the
Sterling
,
or
haue
not
set
his
marke
vpon
his
worke
before
he
sette
it
to
sale
,
2.
H.
6.
ca.
14.
8.
H.
5.
cap.
3.
If
any
Tile
maker
,
haue
not
digged
and
caste
vp
his
earth
,
for
Tile
,
till
after
the
first
of
Nouember
,
or
haue
not
stirred
and
turned
it
till
after
the
firste
of
Februarie
following
,
or
if
he
haue
wrought
it
before
the
1.
of
March
following
,
or
if
he
haue
not
wrought
and
tryed
it
from
stones
,
veines
,
and
chalke
:
Or
if
he
haue
made
,
or
any
person
haue
put
to
sale
any
plaine
Tile
vnder
tenne
inches
and
a
halfe
in
length
,
sixe
inches
and
a
quarter
in
breadth
,
and
halfe
an
inch
and
a
quarter
in
thicknesse
:
Or
any
roofe
Tile
vnder
thirtéene
inches
in
length
,
and
halfe
an
inch
and
halfe
a
quarter
in
thicknesse
,
with
conuenient
déepenessse
:
or
any
Gutter
Tile
,
vnder
tenne
inches
and
a
halfe
in
length
,
with
conuenient
thicknesse
,
breadth
,
and
deapth
:
And
if
any
searchers
appointed
for
the
onersight
of
the
true
making
of
Tile
,
haue
not
done
their
effectuall
indeuour
and
●iligence
in
this
behalfe
17.
E.
4.
cap.
4.
If
any
person
haue
solde
or
sette
foorth
,
Candelles
or
other
workes
of
Ware
to
sale
,
at
higher
price
than
after
the
rate
of
foure
pence
for
the
pounde
,
ouer
the
common
price
of
plaine
Ware
béetwéene
Merchant
and
Merchant
11.
H.
6.
cap.
12.
If
any
Clothmaker
haue
not
sette
hys
Seale
of
lead
to
hys
cloth
,
thereby
declaring
the
iuste
length
thereof
,
to
be
tryed
by
the
Water
.
If
any
person
haue
stretched
any
Cloth
aboue
one
yard
and
a
halfe
in
length
,
or
one
quarter
of
a
yard
in
breadth
,
or
haue
putte
to
sale
,
any
cloth
that
hath
shruncke
more
in
the
wetting
than
is
aforesaide
:
Or
haue
stretched
any
narrow
Streite
or
Kersey
,
aboue
one
yarde
in
length
,
and
halfe
a
quarter
of
a
yarde
in
breadth
,
or
haue
putte
anye
such
to
sale
that
haue
shruncke
more
in
the
wetting
5.
E.
6.
cap.
2.
If
any
Diar
of
wollen
cloth
,
haue
Died
any
browne
Blewes
,
Pewks
,
Tawneis
,
or
Violets
,
that
were
not
perfectly
boyled
,
greined
,
or
maddered
vppon
the
Woade
:
and
shot
wyth
good
Corke
or
Orchall
sufficiently
.
If
anie
person
haue
Died
anie
Wooll
for
cloth
called
Kuffets
,
Marbles
,
Grayes
,
Bayes
,
or
suche
like
,
or
for
Hats
,
or
Caps
,
vnlesse
it
were
perfectly
woaded
,
boiled
,
and
madered
:
Or
haue
Died
with
Brazell
,
to
the
intent
to
make
a
false
colour
,
in
any
such
Cloth
or
Wooll
:
Or
haue
put
any
Flore
,
Chalke
,
Starch
,
or
other
deceiuable
thing
vpon
anie
Cloth
,
(
except
certaine
Deuonshire
and
Cornwall
straights
.
7.
E.
6.
cap.
9
)
Or
haue
occupied
any
yron
Cardes
,
or
Picardes
,
in
rowing
of
any
wollen
cloth
:
Or
haue
sold
any
cloth
by
any
lesse
measure
than
after
the
true
content
thereof
by
the
yarde
,
and
inch
:
Or
haue
put
to
sale
in
this
realm
,
any
Cloth
(
being
pressed
)
to
be
occupied
in
England
,
Wales
,
or
Ireland
3.
E.
6.
cap.
2.
If
anie
Duerséets
of
Cloth
,
appointed
by
the
Iustices
of
Peace
for
this
yere
,
haue
refused
to
be
Duerféers
,
or
haue
not
within
their
charge
,
made
due
search
thereof
once
euery
quarter
:
And
if
any
person
haue
interrupted
them
to
make
such
search
.
3.
E.
6.
ca.
2.
If
any
Kentish
broadcloth
(
except
course
cloth
onelie
,
not
excéeding
sire
pound
price
)
haue
been
made
,
that
conteined
not
in
length
betwéene
28.
and
30.
yardes
,
being
wet
:
and
in
breadth
seauen
quarters
within
the
lists
:
and
in
waight
76.
pounde
,
being
well
scoured
,
thicked
,
milled
,
and
fully
dryed
5.
E.
6.
cap.
6.
&
4.
&
5.
Phil.
&
Mar.
cap.
5.
And
so
changing
it
after
their
Rates
for
other
countries
,
as
by
those
Statutes
appeareth
.
For
regrating
of
Woolles
by
Halifaxe
men
,
See
2.
&
3.
phil.
&
Mar.
cap.
13.
If
any
person
haue
vsed
,
or
caused
to
bée
vsed
any
racking
,
beating
,
or
casting
of
any
deceitfull
liquor
,
or
other
meane
,
with
any
kind
of
linnen
cloth
,
whereby
the
same
became
deceitfull
,
or
the
worse
for
the
good
vse
thereof
1.
Elizab.
cap.
13.
If
any
owner
of
anye
Scite
or
Precinct
,
and
demeasnes
of
any
late
diffolued
religious
house
(
that
was
in
yearely
value
vnder
two
hundred
pound
,
)
doe
not
kéepe
an
honest
and
continuall
housholde
there
vppon
,
and
doe
not
occupie
so
muche
of
the
saide
demeasnes
in
tillage
,
as
was
occupied
by
the
space
of
twentie
yeares
,
before
the
seaucn
and
twentith
yeare
of
King
Henry
the
eight
,
5.
Elizab.
ca.
2
:
14.
Elizab.
cap.
11.
If
any
person
hauing
in
his
handes
firtie
acres
of
arable
and
pasture
togither
,
or
of
the
one
sort
alone
,
apt
for
tillage
,
haue
not
wythin
thys
yeare
tilled
and
sowell
seasonably
(
wythout
fraude
)
one
Acre
of
lande
wyth
Flare
séede
,
or
Hemp
séede
,
or
bothe
.
But
ground
in
a
Parke
for
Deere
,
and
Wood
lande
,
Groue
,
Meadow
,
Fell
,
Fenne
,
Saltmarsh
,
Heath
,
Common
groundes
vanpte
for
●llage
,
groundes
not
tilled
wythin
fiftiey
eares
before
this
Statute
,
and
groundes
plowed
onely
for
clensing
of
it
,
shall
not
be
accompted
in
these
sixtic
Acres
,
24.
H.
8.
cap.
4
:
&
5.
Elizab.
cap.
5.
If
any
person
haue
at
one
time
kept
aboue
the
number
of
2000.
sheepe
of
all
sortes
,
against
the
purport
of
the
Statute
25.
H.
8.
ca.
13.
If
any
owner
,
Officer
,
or
kuler
of
any
Faire
or
Market
,
haue
not
appointed
one
certaine
open
place
there
,
for
the
sale
of
horses
,
geldings
,
mares
,
and
coltes
,
and
one
sufficient
person
to
take
toll
,
and
kéepe
the
sayde
place
:
And
if
any
such
Toll
gatherer
,
or
hys
Deputie
haue
taken
anye
more
then
one
peny
toll
for
one
contracte
,
or
for
entring
the
names
of
the
parties
,
and
that
in
the
same
place
onely
,
and
betwéene
ten
of
the
clocke
in
the
morning
,
and
Sun
setting
,
2.
&
3.
Phil.
&
Mar.
cap.
7.
If
any
Inholder
(
dwelling
in
any
Citie
,
Towne
,
Corporate
,
or
Market
Towne
,
wherein
is
anye
common
Baker
that
hath
bée
apprentice
there
seauen
years
)
have
within
his
owne
house
made
anye
horsebreade
:
or
(
dwelling
in
any
other
thorow-faire
)
haue
made
it
insufficiently
and
not
of
due
assise
13.
R.
2.
cap.
8
:
&
32.
H.
8.
cap.
41.
If
any
Inholder
have
taken
any
thing
for
litter
:
or
haue
taken
aboue
one
halfepenie
in
a
bushell
of
Dates
,
ouer
the
common
price
in
the
market
.
13.
R.
2.
cap.
8
:
&
4.
H.
4.
ca.
25.
If
any
person
have
béene
reteined
into
seruice
to
worke
for
any
lesse
time
than
a
whole
yeare
,
in
any
the
artes
of
a
Clothier
,
wollen
Weauer
,
Tucker
,
Fuiler
,
Clothe-worker
,
Sherman
,
Dier
,
Hosier
,
Tayler
,
Shoomaker
,
Tanner
,
Pewterer
,
Baker
,
Brewer
,
Glouer
,
Cutler
,
Smith
,
Ferrour
,
Curriour
,
Sadler
,
Spu●rier
,
Turner
,
Capper
,
Hattemaker
,
Feltmaker
,
Bowier
,
Fletcher
,
Arrowhead
maker
,
Butcher
,
Cooke
,
or
Miller
.
If
any
person
being
betwene
the
age
of
twelve
yeares
and
threscore
and
being
compellable
to
serue
in
husbandry
,
haue
refused
to
serue
in
husbandrie
after
request
thereof
made
by
any
person
kéeping
husbandrie
:
And
if
person
haue
given
any
wages
,
contrarie
to
the
rates
of
wages
of
seruants
,
and
labourers
,
appointed
and
proclaymed
.
If
any
person
retained
in
Husbandrie
,
or
any
the
saide
Artes
,
haue
after
his
reteinour
expired
,
departed
out
of
one
limitte
,
towne
,
or
parishe
,
into
an
other
,
wythout
a
Testimonial
:
And
if
anye
person
haue
accepted
into
hys
seruice
,
anye
so
departing
without
shewing
suche
Testimoniall
.
If
any
person
haue
put
away
his
seruant
before
the
ende
of
his
terme
,
without
reasonable
and
allowed
cause
before
a
Iustice
of
the
Peace
,
or
at
the
ende
of
his
terme
,
without
a
quarters
warning
before
gyuen
:
And
if
any
seruant
haue
departed
wythout
such
cause
before
the
ende
of
the
terme
,
or
at
the
ende
thereof
,
wythout
such
warning
giuen
before
two
lawfull
witnesses
.
If
any
Artificer
,
or
labourer
,
hyred
by
the
daye
or
wéeke
,
haue
not
continued
at
hys
worke
so
manye
houres
in
the
day
as
he
ought
:
Or
taking
anye
worke
by
the
greate
,
haue
vnlawfully
departed
before
the
finishing
thereof
.
If
any
seruant
,
workeman
or
labourer
haue
wilfully
and
malitiosly
made
any
assault
or
other
person
,
hauing
the
charge
of
suche
workers
or
worke
.
If
any
Constable
,
or
head
Officer
,
haue
not
upon
compiaint
put
into
the
stocks
two
dayes
and
one
night
every
Artificer
or
person
,
néete
to
labour
,
that
haue
refused
to
labour
in
Day
tyme
or
Daruest
,
for
the
getting
or
carrying
of
Corne
,
Day
,
or
Graine
,
béeing
thereto
appointed
by
a
Iustice
of
Peace
,
or
suche
Constable
,
or
heud
Officer
.
If
any
person
haue
taken
any
Apprentire
against
the
order
of
the
Law
:
and
if
any
person
haue
therein
as
an
apprentice
seauen
yeares
.
Elizab.
cap.
4.
&
5.
Touchyng
the
abyding
places
and
collections
for
the
poore
,
there
is
no
generall
order
taken
in
the
Shire
of
Kent
.
14.
Elizab.
cap.
5.
If
the
Churchwardens
of
any
Parish
haue
not
euery
Sonday
leuied
the
money
for
reliefe
of
the
prisoners
in
the
Gaole
,
and
one
in
euery
Quarter
payd
it
to
the
Constable
of
the
Hundred
:
Or
if
that
Constable
haue
not
at
euery
Quarter
Sessions
payed
ouer
the
same
to
the
Collectour
thereto
appointed
:
Or
if
such
Collectour
haue
not
wéekly
distributed
the
same
for
reliefe
of
the
said
prisoners
14.
Elizab.
cap.
5.
As
touching
stocks
and
store
of
&c.
for
the
working
poore
,
or
houses
of
correction
for
the
ydle
poore
,
&c.
little
is
done
in
this
Shire
as
yet
,
but
for
the
most
parte
left
to
the
Parishes
.
If
any
person
aboue
sire
yeres
of
age
(
except
Maydens
,
Ladies
,
Gentlewomen
,
Nobles
,
Knights
,
Gentlemen
of
twetie
marks
by
yeare
in
lands
,
and
their
heires
,
and
such
as
haue
borne
Office
of
Worship
)
haue
not
worne
vpon
the
Sonday
and
Holiday
(
except
it
be
in
the
time
of
his
frauaile
out
of
the
Citie
,
Towne
,
or
Hamlet
where
hée
dwelleth
)
vpon
his
head
,
one
Cap
of
wooll
,
knit
,
thicked
,
and
dressed
in
Englande
,
and
onely
dressed
&
finished
by
some
of
the
trade
of
Cappers
13.
Eliz:
cap.
20.
If
any
man
borne
within
the
Quéenes
dominions
(
except
it
be
the
sonne
and
heire
apparant
of
a
Knight
,
or
the
sonne
of
one
of
higher
degrée
,
or
suche
as
may
dispende
twentie
pounds
in
lands
by
yearre
,
or
reuenues
rr
.
poundes
in
landes
by
yeare
,
or
reuenues
for
life
,
or
bée
worth
two
hundreth
poundes
in
goodes
,
or
haue
béene
head
Officer
in
anye
Citie
,
Borough
,
or
Towre
Corporate
,
or
bée
the
Quéenes
seruaunt
in
ordinarie
,
and
wearing
hir
liuerie
,
haue
worne
anye
manner
of
Silke
,
in
,
or
vppon
his
Hat
,
Bonet
,
Nightcappe
,
Girdle
,
Scabbarde
,
Hose
,
Shooes
,
or
Spurre
leathers
:
And
if
any
person
knowing
anye
seruant
of
his
to
offend
herein
,
haue
not
within
fourtéene
dayes
nexte
after
such
knowledge
,
put
him
out
of
seruice
,
if
he
were
no
Apprentice
,
or
hyred
seruaunt
,
and
if
he
were
,
then
if
he
haue
not
put
him
awaye
at
the
end
of
his
terme
,
or
if
,
hauing
putte
him
awaye
therefore
,
he
have
retained
him
againe
within
one
yeare
nexte
after
that
offence
1.
&
2.
Phil.
&
Mar.
cap.
2.
The
Statute
of
Apparell
(
made
24.
H.
8.
cap.
13
)
is
not
thoughte
altogither
so
méete
for
this
time
,
as
it
may
appeare
by
some
Proclamations
Published
.
If
any
Bridges
in
the
high
wayes
(
béeing
out
of
the
Cinque
Portes
and
members
thereof
)
bée
broken
,
or
decayed
,
to
the
annoyance
of
Passengers
,
and
if
yea
,
then
what
Hundred
,
Citie
,
Towne
,
Parishe
,
or
person
certaine
,
or
bodie
politique
,
ought
of
right
to
repaire
or
amende
the
same
22.
H.
8.
cap.
5.
If
the
Constables
and
Churchwardens
of
anye
Parishe
,
haue
not
in
Easter
wéeke
called
their
parishioners
togither
,
and
appointed
ouerséers
of
the
works
for
amendment
of
the
high
wayes
,
leading
to
anye
Market
,
or
haue
not
appointed
the
fire
daies
for
that
worke
:
and
if
any
suche
ouerséers
,
haue
refused
that
charge
.
If
any
person
,
hauing
a
Plowe
lande
in
tillage
or
pasture
,
or
kéeping
a
draught
or
Plowe
,
have
not
found
thereto
one
Waine
or
Cart
,
furnished
to
worke
eight
houres
euerie
of
the
saide
dayes
:
Or
if
any
other
person
béeing
assessed
in
Subsedie
to
fiue
pounds
in
goods
,
or
forty
shillings
in
lands
,
have
not
likewise
founde
two
able
men
:
Or
if
any
other
housholder
,
or
Cotager
,
have
not
by
him selfe
,
or
an
other
so
wrought
euerie
of
the
same
daies
.
If
the
Hedges
,
Ditches
,
Trées
,
and
Bushes
,
in
and
on
eache
side
of
any
suche
high
waye
bée
not
kepte
lowe
,
scowred
,
and
cutte
dowene
by
the
owners
of
the
groundes
adioyning
:
If
anye
such
ouerséer
,
haue
not
within
one
moneth
after
any
of
the
said
offences
done
,
presented
the
same
to
the
next
Iustice
of
the
Peace
:
And
if
any
person
occupying
lande
adioyning
to
anye
suche
high
waye
,
haue
caste
the
scowring
of
anye
ditche
thereof
into
the
high
may
.
If
any
Ouerséers
,
Constables
,
or
Church-wardens
,
haue
not
leuied
the
forfaitures
for
the
offences
aforesayde
,
and
employed
them
upon
their
saide
high
wayes
,
and
accoa●●ed
thereof
.
2.
&
3.
Phil.
&
Mar.
cap.
8
:
5.
E●zab
.
cap.
13
:
18.
Elizab.
ca.
9.
If
anye
person
haue
,
for
lucre
main●●●ned
,
or
place
of
bowling
,
coyting
,
closhe
,
ca●les
,
tennis
,
dicing
,
tables
,
carding
,
shoue-groate
,
or
any
other
game
prohibited
by
anye
former
Statute
(
as
footeball
,
and
casting
of
the
stone
)
or
any
other
vnlawfull
●●me
game
now
inuented
:
If
any
Artificer
of
anye
occupation
,
or
any
husbandman
,
Apprentice
,
Labourer
,
seruaunt
at
Husbandrie
,
Iorneyman
,
or
any
seruaunt
of
Artificer
,
or
anye
Mariner
,
Fisherman
,
Waterman
,
or
Seruingman
,
(
other
than
of
a
Noble
man
,
or
of
him
that
may
dispend
one
hundred
pounds
by
yere
,
playing
within
the
precinct
of
his
Maisters
house
haue
played
out
of
the
Christmasse
at
any
of
the
sayde
unlawfull
games
,
or
in
the
Christmasse
out
of
the
house
or
presence
of
their
Maister
.
33.
H.
8.
ca.
9
:
&
vide
.
12.
R.
2.
ca.
7.
8.
10.
If
any
person
haue
shot
in
,
vsed
,
or
kept
,
any
Handgun
,
but
such
as
is
in
stocke
,
and
Gun
one
yarde
long
:
or
any
Hagbut
,
or
Demyhake
,
not
being
3.
quarters
of
a
yard
long
.
If
any
person
(
not
hauing
one
hundreth
poundes
reuenue
by
the
yeare
)
haue
carried
in
his
iourney
anye
Crossebowe
bent
,
or
Gun
charged
,
vnlesse
it
bée
to
the
Musters
:
If
anye
person
haue
shotte
at
large
(
other
than
at
a
Butte
or
Banke
of
earth
in
place
conuenient
)
at
any
thing
with
any
Gunne
,
in
any
Citie
,
Borrough
,
or
Market
Town
,
or
within
a
quarter
of
a
mile
of
anye
of
the
,
or
haue
commaunded
hys
seruaunt
to
shoote
in
Crossebow
or
Gunne
,
at
any
thing
other
then
a
Butte
or
Banke
of
earth
:
Or
if
anye
person
(
not
hauing
a
hundreth
poundes
by
peare
)
or
not
dwelling
within
fiue
miles
of
the
Sea
coaste
,
or
not
dwelling
in
a
house
two
furlongs
distant
from
anye
Citie
,
Borough
,
or
Towne
,
doe
kéepe
or
haue
in
his
house
any
Crossebow
.
33.
H.
8.
c.
6.
If
any
person
having
a
hundreth
poundes
by
yeare
,
and
hauing
seised
any
Crossebowe
or
Gun
by
vertue
of
this
Acte
,
haue
not
broken
the
same
in
pieces
within
20.
dayes
next
after
such
seisuret
:
ibid.
If
any
Merchaunt
Straunger
,
being
of
any
Countrie
from
whence
Bowestaues
haue
bene
sent
into
this
lande
,
haue
not
(
for
euerie
Tunne
weight
of
burde
that
hys
vessel
contayneth
)
brought
hyther
foure
Bowstaues
.
12.
Edward
.
4
cap.
2
:
33.
Henrie
8.
ca.
10
:
&
37.
H.
8.
ca.
7.
and
for
euerie
Butte
of
Malmesie
tenne
Bowstaues
.
1.
R.
3.
ca.
11.
If
anye
man
being
the
Quéenes
Subiect
,
and
not
hauing
reasonable
cause
or
impediment
,
and
being
within
the
age
of
firtie
yeares
(
except
spirituall
men
,
Iustices
of
the
one
Bench
,
or
other
Iustices
of
Assise
,
&
Barons
of
the
Escheaquer
)
haue
not
a
long
Bow
and
Arrowes
readie
in
his
house
,
or
haue
not
vsed
shooting
therein
:
or
haue
not
for
euerie
man
childe
in
his
house
betwéene
seauen
yeres
and
seauentéene
of
age
a
Bow
and
two
Shaftes
,
and
for
euerie
such
being
aboue
seuentéene
yeares
,
a
Bowe
and
foure
Shaftes
,
or
haue
not
brought
them
vppe
in
Shooting
:
If
any
man
,
vnder
the
age
of
four
and
twentie
yeares
,
haue
shotte
at
standing
prickes
:
or
(
being
aboue
that
age
)
haue
shot
at
any
mark
vnder
eleuen
score
yards
with
any
Prickeshaft
,
or
Flight
.
If
the
inhabitants
of
any
town
haue
not
made
and
continued
their
Buttes
as
they
ought
to
doe
.
If
any
Bowier
,
haue
not
for
euerie
Bow
that
he
made
of
Ewe
,
made
also
four
others
Bowes
of
apt
wood
to
shoote
in
:
Or
haue
not
solde
his
Bowes
for
all
ages
,
at
their
due
prices
:
If
any
straunger
borne
,
not
being
a
Denizein
,
haue
vsed
to
shoote
in
a
long
bow
without
the
Quéenes
licence
:
or
haue
conueyed
out
of
hir
Maiestries
dominions
,
any
long
Bow
or
Shaftes
without
such
licence
.
33.
H.
8.
ca.
9.
If
any
temporal
person
,
hauing
estate
for
life
in
fréeholde
,
landes
,
or
tenements
,
to
the
value
of
200.
●
.
by
yeare
or
vnder
,
and
not
aboue
400.
●
.
Phil.
&
Mar.
ca.
2.
If
any
temporall
person
of
full
age
(
whose
wife
not
being
diuorsed
,
nor
willingly
abseting
hir selfe
from
him
,
doeth
weare
anye
Gown
or
Peticoate
of
silke
,
or
any
Veluet
in
hir
kirtle
,
or
in
any
lyning
or
part
of
hir
Gowne
(
other
than
in
Cuffes
,
or
Purfles
)
or
any
Frenchhoode
or
Bonet
or
Veluet
with
any
habiliment
,
past
,
or
edge
of
golde
,
pearle
,
or
stone
,
or
any
chaine
of
golde
about
hit
neck
,
or
upon
any
hir
apparell
)
haue
not
founde
and
kepte
a
light
Horsse
furnished
,
excepte
he
haue
bene
otherwise
charged
by
the
Statute
to
finde
Horsse
,
or
Gelding
.
33.
H.
8.
ca.
5
:
4.
&
.
5.
Ph.
&
.
Mar.
ca.
2.
If
the
Inhabitauntes
of
anye
Parishe
,
Town
,
or
Borough
,
haue
not
,
or
kéepe
not
,
such
common
armour
and
furniture
for
the
warres
,
as
hath
bene
appointed
for
them
by
the
Commissioners
thereto
assigned
:
4.
&
.
5.
Phi.
&
.
Mar.
ca.
2.
If
anye
person
being
generally
or
speciallie
commaunded
to
Muster
before
anye
(
hauing
auctoritie
for
the
same
)
haue
without
true
and
reasonable
cause
absented
him self
,
or
haue
not
brought
with
him
in
a
readinesse
,
his
best
furniture
of
array
&
armour
for
his
own
person
.
If
anye
person
auctorized
to
Muster
,
or
to
leuie
men
,
for
the
Quéenes
seruice
in
warre
,
haue
taken
anye
rewarde
for
the
discharge
or
sparing
of
anye
person
from
that
seruice
:
or
if
anye
person
hauing
charge
of
meanne
for
warrefare
,
haue
not
paide
to
his
souldiours
their
whole
wages
conduict
and
cote
money
,
or
haue
for
anye
gayne
licensed
anye
of
them
to
depart
out
of
the
seruice
4.
&
5.
Phil.
&
Mar.
ca.
3.
If
anye
Souldiour
seruing
the
Quéene
in
hyr
warres
,
haue
giuen
awaye
,
wilfullye
purloyned
,
or
pur
awaye
anye
Horse
,
Gelding
,
Mare
,
or
harnesse
,
wherewyth
he
was
set
foorth
.
2.
&
3.
E.
6.
ca.
2.
4.
&
.
5.
Phil.
&
Mar.
ca.
3.
If
any
person
haue
conueyed
,
solde
,
or
giuen
into
any
place
beyond
the
Sea
,
out
of
the
Quéenes
dominions
,
or
to
any
Scottisheman
,
to
be
conueyed
into
Scotlande
any
Horsse
,
Gelding
(
or
Hare
aboue
tenne
shillings
price
)
wythout
the
Queenes
licence
vnder
hyr
greate
Seale
,
or
priuie
Signet
,
vnlesse
it
were
to
serue
the
Quéene
in
hir
warres
.
1
E.
6.
ca.
5.
If
anye
person
haue
putte
to
féede
in
anye
Forest
,
Chace
,
Moore
,
Marish
,
Heathe
,
Common
,
or
waste
grounde
,
within
this
shire
,
where
anye
Mares
are
vsed
to
be
kept
,
anye
stoned
Horsse
,
being
aboue
two
yeres
olde
,
and
not
being
fouretéene
handefuls
highe
,
betwéene
the
lowest
parte
of
the
hoofe
,
and
the
toppe
of
the
wyther
:
If
anye
such
Forrest
,
or
grounds
,
haue
not
bene
yerelye
driuen
within
15.
dayes
after
Michaelmas
by
the
owners
,
or
officers
thereto
appointed
.
32.
H.
8.
ca.
13.
If
watches
haue
not
bene
made
uppon
the
Sea
Coastes
in
suche
places
,
and
wyth
suche
number
of
people
,
and
in
such
maner
as
it
was
wont
to
bée
.
5.
H.
4.
ca.
3.
The
Statutes
of
leuying
the
wages
of
the
Kinghtes
of
the
Parliament
(
made
.
23.
H.
6.
cap.
11.
)
hath
no
gret
vse
.
Note
also
,
that
these
Statutes
following
.
are
to
bee
openly
published
at
any
Sessions
of
the
Peace
.
viz.
The
Statutes
(
36.
E.
3.
cap.
2.
3.
&
.
4.
)
shall
bee
proclaimed
by
the
Iustices
of
Peace
euerie
yeare
,
and
thereof
enformed
the
people
.
Alformer
Statutes
for
victualers
being
in
force
shal
be
proclaymed
two
times
yearely
,
in
the
Sessions
of
Iustices
of
the
Peace
.
The
Acte
for
Archerie
(
33.
H.
8.
ca.
9.
)
muste
bee
proclaymed
at
the
seuerall
Sessions
of
the
Peace
.
Of
the
Enditementes
,
and
Presentments
giuen
by
the
Iurours
:
and
of
the
Matter
and
forine
,
and
receiuing
,
and
reiecting
of
them
.
CAP.
V.
THe
preparation
to
this
Enquirie
thus
made
,
let
vs
also
looke
vpon
the
performaunce
of
the
same
.
The
vnderstanding
(
or
knowledge
)
which
the
Iustices
of
the
Peace
do
take
by
the
trauel
of
these
Enquirours
,
is
by
the
mean
of
their
reaport
,
put
in
writing
,
and
commonlye
called
,
an
Enditement
,
or
Presentment
betwéene
the
which
two
wordes
(
howsoeuer
they
be
confounded
in
common
spéeche
)
me
thinketh
that
there
doeth
easilie
appeare
a
certaine
difference
.
The
òne
séemeth
to
come
of
the
Gréeke
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
I
accuse
:
the
other
of
the
Frenche
Presenter
,
to
offer
vnto
a
man
,
or
to
set
beefore
him
.
But
(
taking
them
as
others
doe
)
lette
vs
consulte
wyth
M.
Marrowe
and
others
,
that
wée
may
learne
of
them
what
things
bée
requisite
to
make
a
good
Enditement
.
For
the
Iustices
of
Peace
ought
to
haue
an
eye
vpon
the
Enditementes
taken
before
them
,
and
therefore
they
vse
to
command
,
that
the
Enqueste
shall
take
no
Billes
,
but
suche
as
the
Iustices
themselues
hane
firste
perused
:
Howbeit
,
if
the
Enquest
do
the
contrarie
,
it
is
good
ynoughe
,
so
long
as
their
bils
doe
carrie
sufficient
forme
and
matter
with
them
.
And
if
the
billes
doe
wante
forme
onely
,
the
Iustices
may
sende
for
the
Presentors
,
and
cause
the
to
reforme
them
at
any
time
before
they
bée
remoued
into
the
Kings
Benche
Stanf.
97.
And
therevpon
it
is
sayde
35.
H.
6.
14
:
&
12.
E.
4.
18.
)
that
if
a
bill
of
Enditement
bée
deliuered
to
a
Iustice
of
the
Peace
,
at
(
or
before
)
the
Sessions
,
which
he
promiseth
to
reade
,
and
to
deliuer
to
the
Iury
,
and
doth
it
accordingly
,
yet
he
shall
not
bée
punished
for
it
,
in
a
writte
of
Conspiracie
:
But
it
may
bée
therevpon
deubted
,
whether
he
should
bée
so
charged
or
no
,
if
(
vpon
former
communication
had
,
and
request
made
)
he
him
selfe
did
drawe
and
write
the
bill
:
and
therefore
the
safest
way
is
,
to
suffer
the
Clearke
of
the
Peace
,
or
some
other
Ministe
:
of
the
Court
,
to
drawe
and
frame
if
,
But
to
the
matter
.
First
,
this
is
generall
,
that
all
Bills
,
Informations
,
and
Enditements
grounded
vpon
penall
Statuts
,
wherein
the
Prince
onely
is
to
reape
the
forfaiture
,
ought
to
bée
commenced
within
foure
yeares
next
after
the
offece
committed
:
and
if
the
suite
bée
giuen
to
any
other
person
,
for
him selfe
and
the
Prince
,
or
for
him selfe
onely
,
that
ought
to
commence
(
for
the
Prince
)
within
two
yeares
,
and
(
for
euery
common
person
)
within
one
yeare
,
next
after
the
offence
done
:
And
otherwise
it
is
méerely
voide
:
vnlesse
it
bée
otherwise
limited
by
that
speciall
Statute
vppon
which
the
Information
,
Enditement
(
or
Presentment
)
is
made
and
framed
.
7.
H.
8.
ca.
3.
And
if
many
bée
ioynfly
endited
in
one
Enditemet
,
yetare
they
also
eache
one
seuerally
endited
thereby
.
5.
E.
4.
5.
Markam
.
Secondly
,
all
Enditements
,
for
as
much
as
they
bée
in
the
nature
of
a
declaration
,
ought
to
conteine
certaintie
,
and
therefore
(
as
sayth
M.
Marrow
)
fiue
principall
things
(
bée
moste
commonly
)
requisite
in
presentments
before
the
Iustices
of
Peace
.
(
videlicet
.
)
-
1.
The
name
,
surname
,
and
addition
of
the
partie
endited
:
-
2.
The
yeare
,
day
,
and
place
,
in
which
the
offence
was
done
:
-
3.
The
name
of
the
person
,
to
whome
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
,
felonie
,
or
trespasse
.
The
name
and
surname
of
the
partie
endited
must
be
certainly
expressed
:
&
if
the
Enditement
bée
of
an
Accessorie
in
felonie
,
the
name
of
the
principall
must
bée
set
downe
also
.
quoòd
procurauit
curauit
personas
ignotas
,
to
doe
the
treason
,
trespasse
,
or
mayhem
.
Marr.
Besides
the
name
and
surname
of
the
partie
endited
,
there
ought
also
(
by
the
Statute
)
(
1.
H.
5.
ca.
5.
)
in
euery
presentment
wherein
processe
of
vtlawrie
lyeth
,
to
bée
added
,
his
estate
,
degree
,
or
mysterie
,
and
the
Countie
,
Towne
,
Hamlet
,
or
Place
,
where
he
is
,
or
was
conuersant
.
Duke
,
Marques
,
Earle
,
Vicount
,
Archbishop
,
Bishop
,
Khight
,
or
Serieant
at
the
lawe
,
bicause
euery
of
these
titles
were
accompted
percell
of
the
name
:
But
it
was
not
so
,
for
the
names
of
Baron
,
Banneret
and
Esquier
,
(
which
are
but
names
of
dignitie
without
creation
,
)
nor
for
Chauncelor
,
Treasorer
,
Chamberlaine
,
Shirife
,
Coroner
,
Eschetor
,
Baylife
,
Deane
,
Archedeacon
,
Deacon
,
Prebendarie
,
or
Person
(
which
are
names
of
dignitie
by
reason
of
office
onely
)
vnlesse
the
presentment
did
charge
them
in
respect
of
their
offices
,
for
then
the
name
of
office
also
,
as
Bailie
,
or
Elchaetor
,
ought
to
bée
vsed
in
the
Enditement
.
Marr.
But
now
Baron
,
Knight
,
Esquier
,
Getleman
,
Alderman
,
Widow
,
Singlewoman
,
Deane
,
Archdeacon
,
Person
,
Doctor
,
Clerke
,
are
good
Additions
of
estate
or
degrée
,
(
as
&
take
it
)
within
the
meaning
of
this
Statute
of
Additions
:
But
Seruant
,
Butler
,
or
Chamberlaine
,
are
not
,
bicause
they
bée
commune
to
gentlemen
,
and
yeomen
,
and
thereby
vncertaine
.
Merchant
,
Grocer
,
Mercer
,
Taylor
,
Broker
,
Husbandman
,
Hosteler
,
Labourer
,
Lighterman
,
Waterman
,
&
c.
bée
good
Additious
of
misterie
:
But
Citizen
is
not
,
●cause
it
is
no
misterie
,
arte
,
or
degrée
:
Neither
is
Mamtainer
,
Vagabound
,
Hereticke
,
Dicear
,
Carder
or
such
like
,
any
good
addition
,
bicause
they
are
euery
one
euil
,
&
against
the
lawe
.
Also
by
the
said
Statute
,
(
as
I
sayd
)
the
Addition
ought
to
compprehend
the
Countie
,
and
the
Towne
,
Hamlet
,
or
place
(
knowne
out
of
any
Towne
,
or
Hamlet
)
whereof
the
partie
is
,
or
was
:
So
that
if
there
bée
diners
Hamlets
in
one
Towne
,
he
may
be
named
of
the
Towne
,
or
Hamlet
:
But
if
he
bée
with
in
a
Towne
,
then
he
must
bée
named
of
the
Towne
.
As
for
the
Alias
dectus
,
(
whiche
is
often
put
in
the
Addition
)
the
vse
thereof
is
chiefly
in
Writtes
grounded
uppon
especialties
,
and
to
make
the
writte
and
the
wryting
to
agrée
.
Alias
dectus
make
that
good
which
was
voide
before
.
Marr.
And
it
appeareth
(
1.
E.
4.
2
:
&
2.
E.
4.
1.
6.
)
that
the
Addition
of
the
degrée
or
mysterie
must
alwayes
bée
suche
as
the
partie
hath
at
the
verie
tyme
:
But
the
Addition
of
the
place
may
bee
of
such
where
be
was
at
any
tyme
before
,
so
that
then
the
worde
nuper
bée
vsed
there
.
Furthermore
the
Enditement
must
containe
the
daye
,
yeare
,
and
place
,
in
which
the
offence
was
committed
.
Easter
Anno
23.
Elizab.
that
is
good
:
Likewise
if
it
bée
in
the
Vtas
of
the
holye
Trinitie
:
and
it
shall
bée
there
vnderstoode
to
bée
the
verie
daye
of
the
Vtas
(
videlicet
)
the
eyght
daye
after
the
feast
,
and
not
quarto
die
after
the
Vtas
:
But
if
it
bée
in
festo
Sancti
Petri
,
it
is
not
good
,
bicause
there
bée
diuers
feastes
of
Sainct
Peter
,
and
none
without
addition
,
sayth
3
H.
7.
Fitz.
Enditements
.
22.
If
it
bée
Anno
Domini
millesimo
quingentesimo
octuagesimo
primo
,
the
yeare
shall
bée
accompted
after
the
computation
of
the
Churche
of
Englande
,
and
not
of
Rome
,
or
other
Countries
abroade
.
If
the
offence
bée
done
in
the
night
before
midnight
,
the
Inditement
shall
suppose
it
to
bée
done
in
the
daye
before
:
and
if
it
happen
after
midnight
,
then
it
muste
laye
it
to
bée
done
the
daye
after
.
If
it
bée
in
festo
of
any
Sainct
,
it
shall
bée
construed
to
bée
in
the
verie
daye
of
the
feast
,
and
not
in
the
Eue.
But
if
the
presentment
bée
in
the
Negatiue
,
or
in
the
affirmatiue
rising
vppon
a
Negatiue
,
as
that
A.
hath
not
scowred
suche
a
Sewer
,
or
that
by
the
not
scowring
thereof
suche
Meadowes
bée
drowned
,
in
these
cases
there
néedeth
no
yeare
nor
daye
.
Marrow
.
And
not
onely
this
certeintie
of
the
tyme
,
but
that
of
the
Place
also
must
bée
conteyned
in
the
Enditemént
for
it
was
adiudged
(
25.
E.
3.
43.
)
that
a
man
shoulde
not
bée
put
to
aunsweare
to
an
Enditement
of
killing
the
Kinges
Déere
,
bicause
there
was
no
place
named
,
in
which
the
offence
was
done
:
So
an
Enditement
supposing
a
felome
to
bée
done
in
suche
a
place
of
suche
a
Countie
,
where
in
truthe
there
is
no
suche
place
in
that
Countie
,
is
méerely
doyde
by
the
Statutes
.
9.
Hen.
5.
cap.
1
:
&
18.
Hen.
6.
cap.
12.
If
a
man
béeing
striken
in
Midlesex
,
had
dyed
thereof
in
Essex
,
the
Bookes
.
3.
H.
7.
12
:
4.
H.
7.
18
:
6.
H.
7.
10
:
7.
H.
7.
8
:
10.
H.
7.
28
:
&
11.
H.
4.
&c
did
not
agrée
in
which
of
these
Counties
he
should
be
endited
.
But
the
Statute
(
2.
&
3.
E.
6.
ca.
24
)
taketh
order
,
that
if
the
stroake
(
or
poysoning
)
happen
to
bée
in
one
Countie
,
and
the
death
in
an
other
Countie
,
the
Enditement
in
the
Countie
where
the
death
is
shall
bée
good
:
and
likewise
,
that
if
a
murder
,
or
felonie
,
bée
done
in
one
countie
,
and
a
man
becommeth
Accessorie
thereto
in
an
other
Countie
,
the
Enditement
against
the
Accessorie
shall
be
good
in
that
Countie
wherein
he
becommeth
Accessorie
.
Where
(
by
the
waye
)
you
maye
sée
in
plaine
wordes
of
this
last
Statute
,
that
Iustices
of
the
Peace
may
take
Enditements
of
Murder
,
as
of
Murder
,
though
M.
Fitzh
.
(
Fol.
17.
)
deny
it
,
saying
,
that
they
can
not
enquire
of
Murder
sauing
onely
as
of
Felonie
,
or
Manslaughter
.
And
you
shall
reade
of
an
Enditement
of
Murde
(
before
them
)
receiued
.
3.
H.
7.
5.
agréeable
whervnto
was
the
opinion
of
Hales
,
and
Portman
,
Iustices
,
as
I
haue
séeene
in
a
Reaport
of
Iustice
.
Dalison
.
The
certaintie
of
the
name
of
the
person
,
to
whome
the
offence
is
done
,
is
also
in
most
cases
requisite
.
And
therefore
,
if
the
presentment
bée
,
quod
bona
&
catalla
cuiusdam
●gnoti
cepit
vi
&
armis
,
or
quendam
ignotum
deproedauit
,
it
is
not
good
for
the
vncertaintie
,
yet
if
Felonicè
bée
added
,
then
it
is
bothe
the
cases
a
good
Enditement
of
Felonie
,
bicause
of
the
,
Kinges
aduauntage
of
forfayture
thereby
.
You
may
sée
an
Enditement
(
Fitzh
.
Endit.
9.
)
quod
A.
verberauit
,
&
20.
Iaccos
pretu
,
&c.
was
thought
sufficient
without
shewing
to
whome
the
Iackes
did
belong
:
whereat
Maister
Stanford
(
Fol.
95.
maruaileth
,
saying
that
be
sawe
no
cause
why
it
should
bée
good
,
vnlesse
it
were
for
that
the
matter
could
not
bée
made
more
certaine
.
But
peraduenture
aduenture
certaintie
in
Inditements
,
was
not
in
those
dayes
thought
so
néedefull
,
as
nowe
it
is
holden
.
If
the
goodes
of
a
Parson
of
a
Churche
bée
taken
,
the
Enditement
muste
be
,
bona
rectoris
,
and
not
Ecelesioe
.
And
if
the
goodes
of
the
Church
,
then
Bona
parochianorum
and
not
Ecclesiae
:
If
they
bée
the
goodes
of
a
Maior
and
Communaltie
,
and
the
Maior
dyeth
before
the
Enditement
,
then
it
shall
be
bona
communitatis
,
sayth
Marr.
but
enquire
of
it
,
because
there
is
no
suche
name
of
Corporation
.
If
the
Enditement
be
,
quod
A.
verberauit
B.
&
vnum
equum
praetu
20.
ssolid
.
felonicè
coepit
,
and
doth
not
say
,
●psius
B.
yet
it
is
good
ynough
30.
H.
6.
Fitzh
.
Endit
.
9.
But
if
it
be
quod
vnum
equum
praedicti
I.
coepit
,
and
ther
were
no
mention
of
I.
before
,
then
it
is
voide
9.
E.
4.
1.
If
the
goodes
of
a
man
be
taken
,
and
he
maketh
his
Executors
,
and
dyeth
,
the
Enditement
shall
be
,
bona
testatoris
,
but
if
they
were
taken
after
his
death
,
it
shall
be
,
bona
testatoris
in
custodia
Executorum
existentia
.
If
the
Enditement
be
,
quod
A.
furatus
est
tunicam
hominis
ignoti
,
quem
inuenit
mortuum
,
that
is
not
good
.
11.
R.
2.
Fitz.
Endit
.
15.
If
a
man
take
away
a
coate
Armour
,
which
hangeth
ouer
a
Loombe
in
a
Church
,
the
Enditement
shall
say
,
bona
executoris
of
him
whose
Loombe
it
is
:
but
if
a
graue
Stone
bée
taken
away
,
the
Enditement
shall
be
,
bona
Ecclesiae
:
Mar.
If
my
goods
be
taken
by
a
Trespassor
,
and
an
other
taketh
them
from
him
,
the
Enditement
shall
be
,
bona
of
him
which
had
the
last
possion
.
But
if
I
baile
goods
to
one
,
from
whom
they
be
robbed
then
it
shall
be
,
bona
of
mée
in
his
kéeping
Marr.
If
an
Enditement
be
,
bona
Capallae
in
custodia
,
&c.
or
bona
Domus
,
or
Ecclesiae
tempore
vacationis
,
it
is
good
7.
E.
4.
14
The
name
(
&
value
)
of
the
thing
in
which
the
offence
is
committed
,
ought
also
to
bée
comprised
in
the
Enditement
:
for
an
Enditement
of
the
taking
bona
&
catalla
,
whether
it
be
in
Trespasse
or
Felonie
,
is
not
good
,
for
the
vncertaintie
what
goodes
they
be
:
And
if
it
be
of
dead
things
,
it
may
be
bona
&
catalla
expressing
the
names
thereof
in
certainetie
:
But
if
it
be
of
things
liuing
,
it
shall
not
say
bona
&
catalla
but
equum
,
bouem
,
onem
,
&c.
Againe
the
value
(
or
price
)
of
the
thing
is
commonly
to
be
declared
:
in
Felony
,
to
make
it
appeare
from
petit
Larcenie
:
and
in
Trespasse
,
to
aggrauate
the
fault
and
fine
:
But
yet
an
Enditement
of
the
taking
of
beastes
feraenaturae
,
as
déere
,
hares
,
partridges
,
or
phesantes
,
is
not
good
,
vnlesse
they
be
taken
in
a
Parke
,
or
Warrein
,
that
be
liberties
.
8.
E.
4.
5.
So
of
Charters
,
because
their
value
can
not
be
estéemed
.
In
all
cases
(
sayth
M.
Marrow
)
where
the
number
ought
to
be
expressed
in
the
Enditement
,
there
also
it
must
be
said
,
praetij
,
or
ad
valentiam
:
as
if
it
be
of
the
taking
of
doues
in
a
douehouse
,
or
young
haukes
in
a
woode
:
And
where
it
is
of
a
liue
thing
,
or
things
,
it
must
be
praetij
:
and
so
of
a
dead
thing
in
the
singular
number
:
but
if
it
be
of
dead
things
in
the
plurall
number
,
then
it
must
be
ad
valentiam
and
not
praetij
.
If
the
Enditement
bée
of
taking
away
Coyne
,
which
is
not
currant
,
it
shall
say
praetij
:
otherwise
it
is
of
money
currant
,
because
that
carrieth
his
value
and
price
with
it
.
If
it
bée
quòd
proditoriè
facit
grossos
,
veldenarios
,
it
shall
be
,
ad
valentiam
,
and
it
shall
not
say
,
20.
libras
in
denari●s
,
or
in
pecunia
Domini
Regis
,
but
ad
instar
pecuniae
Domini
Regis
.
Marr.
Sundry
other
dainty
and
nice
differences
doth
M.
Marrow
make
,
where
a
man
shall
say
praetis
,
&
where
ad
valentiam
,
binding
the
Enditement
to
that
rule
which
the
Register
taketh
for
originall
Writs
of
Trespasse
:
But
for
as
muche
as
Nele
(
9.
E.
4.
26
)
saieth
,
that
Enditements
be
not
tyed
to
any
such
forme
,
and
because
that
rule
of
the
Register
is
not
very
constantly
observed
in
Trespasles
themselves
,
as
a
thing
not
materiall
in
the
Opinion
Of
M.
Fitzh
.
in
his
Nat.
Br.
(
Fol.
88.
)
I
thought
it
best
to
make
choice
of
these
(
that
I
haue
)
for
publicque
vse
,
and
to
leaue
the
reste
for
priuate
learning
.
To
the
further
certaintie
of
the
Enditement
,
the
manner
of
the
fact
it selfe
,
and
the
nature
of
the
offence
,
ought
to
be
mentioned
also
,
for
if
the
Enditement
be
,
quod
A.
captum
profelonia
,
felanice
&
voluntaerie
ad
largum
ire
permisit
,
this
lacketh
the
certaintie
for
what
felonie
he
was
taken
,
and
is
thereby
voide
8.
E.
4.
3.
So
,
if
it
be
,
that
a
man
made
100
,
shillings
Of
Alchimie
ad
instar
pecuniae
Domina
Reginae
,
and
doe
not
shewe
like
to
what
money
,
as
groates
,
or
shillings
,
&c.
it
is
voide
Fitzh
.
Endit
.
10.
lib.
Afs.
Pl.
75.
And
so
,
if
it
be
of
a
generall
extortion
againste
an
Ordinarie
,
wythout
shewing
in
what
,
by
25.
E.
3.
Stat.
3.
cap.
9.
And
so
also
,
if
the
Enditement
stande
vppon
these
termes
Onelie
,
Infidiatores
viarum
,
&
depopulatores
agrorum
,
by
4.
H.
4.
cap.
2.
And
there
vpon
the
Court
saide
,
(
17.
E.
4.
4.
)
that
vpon
such
an
Enditement
,
the
partie
shall
bée
dismissed
.
Howbeit
the
Comission
of
the
Peace
hath
the
wordes
,
in
infidys
iacuerint
,
but
it
goeth
further
,
ad
bentem
nostraem
maybemandam
.
Neyther
is
it
good
in
an
Enditement
against
an
Accessorie
.
to
say
,
that
he
receiued
the
goodes
,
without
telling
,
that
he
receiued
25.
E.
3.
39
:
nor
without
telling
,
that
he
(
knowing
it
)
received
him
feloniously
7.
H.
6.
42.
vnlesse
he
receiue
one
that
is
attainted
of
felonie
in
the
same
Countie
:
for
then
heée
must
at
his
perill
take
knowledge
of
the
Attainder
,
and
so
no
suehe
mention
of
knowledge
néedeth
to
be
vsed
,
as
it
is
holden
8.
E.
4.
3.
Sed
quere
inde
.
And
if
such
an
Enditement
be
,
Sciens
ipsas
quatuor
homines
feloniam
,
&c.
fecisse
,
apud
D.
feloniceè
recepit
,
it
is
not
good
,
for
that
it
sheweth
not
,
which
of
them
he
receiued
30.
H.
6.
cap.
2.
Concerning
the
nature
of
the
offence
,
thys
is
to
be
obserued
,
that
in
an
Enditement
of
treason
(
presentable
before
the
Iustices
of
Peace
)
the
worde
Proditorie
ought
to
be
vsed
.
In
the
Enditement
of
Murder
,
murdranit
is
necessarie
.
9.
E.
4.
26.
for
if
it
be
,
quod
A.
occidit
B
,
malilia
praecogitata
it
is
not
enough
,
because
one
man
may
kill
an
other
so
,
in
a
Wager
of
Battaile
,
and
yet
be
no
muderer
.
And
for
the
same
reason
,
if
it
be
of
Manslaughter
,
it
must
be
Felonice
.
An
Enditement
was
,
that
the
sonne
had
taken
the
sicke
father
,
and
carried
him
into
the
cold
weather
,
whereof
he
died
,
but
it
was
disallowed
because
it
lacked
felonice
.
Fitzh
.
Endit
.
3.
Againe
,
if
the
Enditement
be
of
Burglarie
,
then
must
be
Burglariter
:
if
of
Rape
,
then
Felonicè
rapuit
,
for
(
without
rapuit
)
it
suffiseth
not
to
say
,
Felonicè
caepit
Aliciam
,
&
eam
carnalster
cognouit
.
If
it
be
,
Furatus
est
,
it
séemeth
to
Marrow
to
be
good
without
the
worde
felonicè
,
but
18.
E.
4.
10.
is
against
him
.
If
it
be
felonicè
abduxit
vnum
equnm
,
it
is
not
of
value
without
saying
,
caepit
,
neither
is
caepit
good
alone
,
without
abduxit
:
for
it
must
bée
felonicè
caepit
&
Abduxit
.
Fitzh
.
Endit
.
2.
And
if
it
be
,
felonicè
succidit
arbores
,
&
illas
asportauit
:
or
,
vi
&
armis
succidit
arbores
,
&
felonicè
asportauit
,
neither
of
theam
will
make
it
Felonie
,
because
the
trées
be
a
parte
of
the
fréeholde
,
whereof
no
felonie
can
be
committed
:
But
if
it
be
,
vi
&
armis
sucidit
arbores
,
&
eas
felonicè
(
at
an
other
day
after
)
caepit
&
asportauit
,
that
will
make
it
Felonie
,
by
reason
that
the
seueraunce
of
the
trées
from
the
fréeholde
,
&
the
taking
,
were
at
diuers
times
.
Mairr
.
And
albeit
the
Enditement
be
of
a
Mayheme
,
it
must
say
,
felonice
n●●yhem●mit
,
and
yet
mayheme
is
no
Felonie
,
but
an
hainous
,
and
(
as
it
were
)
a
Felonious
Trespasse
But
where
in
an
Enditement
of
felonie
,
the
word
felonice
wanteth
,
there
the
Enditement
may
neuerthelesse
stande
good
to
make
it
a
Tiespasse
.
2.
H.
7.
7
:
6.
H.
7.
4
:
&
18.
E.
4.
10.
And
in
an
Enditement
of
Trespasse
,
it
séemeth
that
the
wordes
contra
pacem
ought
to
be
yet
still
:
But
the
necessitie
of
the
wordes
,
vi
&
armis
,
(
viz.
)
cum
baculis
,
cultellis
&c.
be
taken
away
by
the
Staute
.
37.
H.
8.
ca.
8.
Neuerthelesse
M.
Stamf.
(
F.
94.
)
is
of
the
opinion
,
the
it
is
not
amisse
to
vse
those
wordes
,
so
long
as
the
circumstances
of
the
facte
doe
require
them
,
for
(
sayth
he
)
The
circumstances
of
an
act
,
doe
either
aggrauate
,
or
diminishe
the
offence
therein
.
If
the
Enditement
be
,
of
forcible
entire
,
then
the
wordes
vi
&
armis
be
néedelesse
,
because
they
are
necessarily
employed
in
the
Forcc
,
Marr.
And
if
the
Enditement
be
founded
vpon
a
Statut
,
it
ought
to
say
,
contra
formam
Statuti
,
or
(
where
many
statutes
doe
concerne
one
offence
,
as
in
the
case
of
Liueries
and
suche
like
)
contra
formam
disersorum
Statutorum
.
But
it
is
not
of
necessitie
,
that
the
Statue
be
rehearsed
,
but
only
that
the
offence
against
the
Statute
be
sufficiently
desribed
.
Thus
farre
of
these
pointes
.
But
now
let
vs
with
a
fewe
wordes
consider
what
Enditementes
be
receiueable
by
the
Iustices
of
Peace
,
and
what
ought
to
be
rejected
by
them
.
Generally
,
they
may
receiue
Enditements
before
them selves
,
of
all
causes
,
being
either
within
their
Commission
,
or
within
The
Statuts
whereof
they
have
to
enquire
.
W.
2.
ca.
14
:
1.
E.
3.
ca.
17
:
31.
E.
3.
ca.
14
:
1.
E.
4.
ca.
2
:
&
1.
R.
3.
ca.
4
:
And
for
this
purpose
the
sayd
Statute
(
1.
E.
4.
ca.
2.
)
bindeth
the
Shirife
to
certifie
to
the
Iustces
of
Peace
at
their
next
Scssions
,
the
Enditementes
founde
in
hi
Turne
or
Lawdaye
.
It
séemeth
also
(
by
way
of
admitting
)
in
the
Booke
(
27.
H.
8.
2.
)
that
the
like
ought
to
be
done
of
the
Presentments
of
felonie
in
any
Leete
,
by
vertue
of
the
said
Statute
of
1.
E.
4.
ca.
2
:
But
that
is
further
to
bée
enquired
of
,
for
I
find
no
better
Warrant
for
it
.
This
is
certaine
,
that
Iustices
of
the
Peace
ought
to
receive
Enditementes
found
in
any
Lectes
or
Lawdayes
vpon
the
Statute
made
for
the
bréeding
of
horses
:
to
which
end
also
,
the
Courtholders
of
such
Leetes
are
bound
to
certifie
the
same
vnto
them
within
the
spare
of
forty
dayes
.
32.
H.
8.
ca.
13.
Iustices
of
the
Peace
have
none
auctoritis
to
receiue
an
Enditement
,
of
the
killing
of
a
man
se
defendendo
,
sayth
Stamf.
15.
as
he
had
heard
say
.
But
enquire
further
thereof
:
for
though
it
be
not
felonie
,
as
appeareth
by
the
Statute
of
Glo.
c.
9.
Yet
be
their
other
words
in
their
Commission
large
enough
to
giue
them
power
to
heare
and
determine
such
an
offence
.
But
they
are
not
to
receiue
an
Enditement
of
the
killing
of
a
Hart
proclaimed
,
for
the
Iurisdiction
of
it
belongeth
to
the
Iustices
of
the
Forest
.
21.
H.
7.
30.
Fineux
.
And
as
it
séemeth
)
they
may
reject
an
Enditement
that
findeth
any
matter
of
Recorde
,
as
Vtlawrie
,
or
such
like
,
unless
it
be
shewed
vnto
the
Iurours
sub
pede
sigilli
:
for
Iurours
are
to
finde
matters
in
déede
onely
,
and
not
of
Recorde
,
1.
H.
7.
6
:
&
3.
H.
7.
1.
&
10
:
And
so
,
if
the
Shirife
will
offer
Enditementes
of
Liueries
,
Rauishment
of
Women
,
or
of
Felonies
by
Statutes
,
or
of
such
other
causes
,
whereof
they
haue
no
power
to
enquire
in
their
Turnes
,
the
Iustices
of
the
Peace
ought
to
relect
them
,
4.
E.
4.
31
:
8.
E.
4.
5
:
22.
E.
4.
22
:
&
Stanford
.
87.
Thus
much
for
the
better
remembrance
of
our
Iustice
of
the
Peace
,
I
thougt
to
say
of
Enditementes
,
the
rather
because
it
behoueth
him
to
Iudge
of
them
,
and
for
that
they
be
the
chiefe
grounde
worke
whereupon
the
whole
Triall
is
afterward
to
be
built
and
framed
.
Of
the
Presentementes
and
Informations
of
Officers
,
and
other
men
.
CAP.
VI.
HAuing
shewed
how
these
Iustices
take
knowledge
by
the
labour
of
Iurours
in
Enquests
,
it
followeth
to
declare
also
howe
they
may
have
understanding
by
other
men
:
And
that
is
to
be
done
,
either
by
the
presentment
of
persons
publicque
,
or
by
the
information
of
priuate
men
.
In
some
cases
therfore
,
these
Iustices
may
heare
one
an
other
:
for
euerie
Iustice
of
the
Peace
,
may
(
vppon
his
proper
knowledge
)
make
Presentment
at
the
Sessions
of
any
offence
done
against
the
Actes
(
2.
&
3.
Phil.
&
Mar.
ca.
8
:
&
5.
Eliza.
ca.
13.
)
concerning
the
amendment
of
the
High
wayes
.
Tile
.
17.
E.
4.
ca.
4.
And
of
like
strength
also
(
as
I
thinke
)
is
the
presentment
of
the
Constables
concerning
sundrie
poinctes
contayned
in
the
Statute
of
Winchester
.
13.
E.
1.
This
Court
may
also
bée
given
to
vnderstande
by
the
meanes
of
priuate
men
:
and
that
eyther
for
the
Queene
onely
,
or
for
the
Queene
and
them selues
,
or
in
some
speciall
causes
for
them selues
without
the
Queene
.
That
which
is
for
the
benefite
of
the
Queene
,
or
for
hir
and
the
partie
,
is
sometimes
moued
by
the
free
offer
of
him
that
openeth
the
matter
,
and
sometimes
wrought
by
commaundement
of
the
Court.
The
frée
motion
of
the
partie
,
is
sometimes
by
word
only
,
which
is
properly
but
a
Suggestion
:
and
sometimes
by
writing
,
named
,
a
Bill
,
plaint
,
Complaint
,
or
Information
:
all
which
be
not
alwaies
of
one
force
in
this
businesse
.
For
,
albeit
that
we
reade
(
1.
E.
5.
6.
)
that
the
Courte
of
Chauncerie
will
sometimes
both
take
knowledge
,
and
also
award
Processe
,
vpon
an
Information
by
word
in
the
behalfe
Of
the
Prince
,
and
that
39.
H.
6.
41.
also
admitteth
such
a
matter
:
Yet
I
thinks
that
before
Iustices
of
the
Peace
,
these
suggestions
and
Informations
both
(
bée
they
by
worde
,
or
writing
)
are
but
of
the
force
to
stirre
up
the
Iustices
to
recommende
the
cause
to
the
Enquest
,
and
not
to
award
any
Processe
vpon
them
:
unlesse
it
be
in
certaine
causes
,
where
that
validitie
is
specially
giuen
them
by
the
Statutes
,
as
you
shall
hereafter
perceiue
.
There
was
once
a
time
(
I
confesse
)
when
Iustices
of
the
Peace
might
haue
awarded
Processe
vpon
an
Information
for
the
King
only
)
of
offences
against
any
penall
lawes
,
euen
as
they
may
yet
vpon
Enditementes
against
the
Peace
:
But
that
lasted
not
long
,
and
therfore
that
course
is
holden
now
in
speciall
Statutes
only
.
Neuerthelesse
,
at
euerie
Sessions
(
sayth
Iudge
Prisot
.
35.
H.
6.
15.
)
the
Iustices
of
the
Peace
do
vse
to
make
Proclamation
,
that
if
any
will
informe
for
the
Prince
,
he
shall
be
hearde
:
and
thereupon
any
man
may
come
in
,
and
may
both
informe
the
Iustices
of
the
Peace
,
and
giue
euidence
to
the
Enquest
without
daunger
of
Conspiracie
,
by
the
opinion
of
the
Court
in
the
last
said
booke
.
And
as
that
which
ariseth
vpon
Presentment
or
Enditement
,
is
properly
called
the
sute
of
the
Queene
:
So
this
Other
(
whether
it
be
by
Bill
,
plaint
,
Complaint
,
or
Information
,
is
most
aptly
tearmed
the
sute
of
the
partie
,
at
whose
sute
the
Iustices
Of
the
Peace
may
heare
of
the
abuse
of
Innekeepers
,
and
Victuallers
,
and
of
Extortions
,
and
Regratories
and
perhappes
of
higher
offences
also
,
either
for
him selfe
or
for
the
Queene
,
but
of
the
other
Articles
in
the
Commission
,
at
the
sute
of
the
Queene
only
,
by
the
expresse
forme
of
the
words
in
the
last
Assignau●mus
of
the
Comission
of
the
Peace
,
But
therein
among
other
,
some
amendment
(
if
I
be
not
deceiueb
)
is
to
be
desired
:
if
it
be
not
ment
the
they
shall
hold
plea
of
Appeales
betwene
party
&
party
,
which
the
Statute
8.
H.
6.
c.
10.
séemeth
also
to
allow
unto
them
,
In
other
Statuts
at
large
such
rules
are
to
be
followed
,
as
they
them selues
do
prescribe
.
And
in
this
Information
,
the
Statute
of
Additions
(
1.
H.
5.
ca.
5.
)
séemeth
vpon
the
bare
words
to
haue
no
place
,
for
Informations
be
not
mentioned
in
it
and
vpon
that
reason
the
Court
(
13.
H.
7.
21.
)
did
holde
it
cleare
,
that
if
Rescous
bée
retourned
by
the
Shirife
,
against
certaine
persons
without
their
Addititions
,
yet
in
the
case
they
may
well
be
Vtlawed
vpon
it
.
The
other
compulsorie
information
,
groweth
by
examination
Of
witnesses
called
into
the
Court
,
and
is
set
foorth
in
the
Statute
of
Drouers
,
&
Badgers
,
(
5.
Eliz.
ca.
12.
)
where
it
appeareth
,
that
vpon
the
examination
of
two
lawfull
witnesses
,
the
Iustices
of
Peace
may
make
Processe
,
as
if
it
were
vpon
an
Inquisition
of
twelue
men
.
The
like
may
they
do
,
vpon
the
Statute
of
Armour
4.
&
5.
Phil.
&
Mar.
ca.
2.
Forstallers
.
5.
E.
6.
ca.
14.
which
last
sayd
Statute
séemeth
(
for
this
point
)
to
haue
bene
followed
,
as
a
Paterne
,
by
the
other
two
:
so
right
they
tread
in
the
steps
of
the
same
.
Herunto
also
you
may
adde
,
the
examination
of
the
M
&
Marmers
of
ships
,
wherin
corne
or
victuall
shall
be
transported
against
the
meaning
of
the
Statute
1.
&
2.
Phil.
&
Mar.
ca.
5.
Thus
much
,
of
the
knowledge
of
cause
exhibited
by
such
as
either
doe
it
at
large
for
the
Queene
onely
to
haue
the
offence
punished
,
or
be
special1y
allured
thereto
by
regard
of
benefit
growing
in
common
to
them
with
the
Queene
thereby
.
Now
of
those
that
seeke
to
informe
the
Court
for
the
profite
due
to
them selues
alone
.
The
knowledge
that
commeth
this
way
,
is
by
the
priuate
sute
,
and
proper
action
of
the
partie
,
and
is
therefore
in
the
Statute
(
11.
H.
6.
ca.
6.
)
tearmed
a
sute
betwene
partie
and
partie
,
whereof
that
Statute
had
no
lesse
consideration
,
than
of
those
other
sutes
that
bée
for
the
Queene
her selfe
:
and
therefore
prouided
,
that
they
also
should
not
be
discontinued
by
new
Commissions
of
the
Peace
to
be
made
.
I
know
,
that
there
be
not
many
Statuts
which
do
giue
power
to
the
Justices
of
Peace
,
to
hold
Plea
betwene
partie
and
partie
,
and
I
thinke
it
hath
not
bene
often
experimented
vpon
those
very
Statutes
which
do
giue
it
:
and
how
the
Judges
do
expound
this
verie
Statute
I
can
not
tell
.
Neuer
the
lesse
,
because
I
may
neither
wittingly
conceale
any
such
parte
of
their
auctority
&
Iurisdiction
,
although
it
were
but
my
opinion
,
nor
safely
reaport
it
without
some
proofe
,
I
will
giue
you
one
example
,
of
this
kinde
(
as
I
take
it
)
and
leaue
the
rest
further
search
.
The
Iustices
of
Peace
haue
power
to
enquire
,
heare
&
determine
,
of
all
the
defaultes
against
the
Statute
(
made
23.
H.
6.
ca.
11.
)
concerning
the
leuying
of
the
wages
of
the
knights
of
the
Parliament
)
as
well
by
enquire
at
the
kings
sute
,
as
by
action
at
the
sute
of
the
party
.
In
this
and
suche
like
(
as
in
Appeales
by
warrant
of
the
large
words
of
the
Commission
as
hath
bene
sayd
)
the
Iustices
of
Peace
ought
to
proceede
after
the
vsuall
manner
of
ather
Courtes
of
Recorde
at
the
Common
law
,
(
if
I
doe
not
miscall
it
)
and
therefore
I
wil
goe
no
further
with
it
,
but
will
prosecute
that
hearing
and
determining
that
more
properly
pertaineth
unto
them
,
if
first
I
may
shew
you
,
how
they
are
sometimes
preuented
in
that
behalfe
.
Of
the
Impedimentes
of
proceading
vpon
Enditements
,
before
the
Iustices
of
Peace
.
CAP.
VII
.
IT
falleth
out
not
seldome
,
when
Iustices
of
the
Peace
haus
taken
an
End●ement
founde
before
them
,
that
they
can
not
proceede
to
hearing
and
determining
vpon
it
:
either
bicause
it
is
grounded
vpon
some
such
Statute
as
giueth
vnto
them
no
further
power
,
but
onely
to
enquire
thereof
:
or
els
bicause
the
Enditement
is
taken
out
of
their
handes
by
Certiorari
,
and
conueyed
to
Iustices
of
a
higher
auctoritie
,
at
the
sollicitation
and
by
the
meanes
of
some
parties
grieued
,
to
the
end
that
either
they
may
trauerse
,
them
aboue
,
or
there
auoide
them
for
insufficiencie
of
forme
or
matter
.
And
therefore
,
Iustices
of
the
Peace
may
only
enquire
,
of
certaine
the
offences
against
the
Actes
.
1.
El.
ca.
2
:
&
ca.
3
:
5.
El.
ca.
1
:
13.
El.
cap.
2.
touching
the
acknowledging
of
the
Queenes
supremacie
,
or
the
seruice
of
God
,
or
comming
to
the
Churche
,
or
the
stablishment
of
true
religion
:
as
you
may
see
.
23.
El.
cap.
1.
And
they
may
onely
enquire
,
of
any
the
Treasons
,
or
Misprisions
of
treasons
,
made
by
the
same
Acte
.
23.
El.
ca.
1.
Neither
can
they
goe
any
further
,
than
onely
to
enquire
of
,
and
to
endite
the
offendours
against
any
the
Articles
of
the
Acte
made
(
23.
El.
ca.
2.
)
concerning
seditious
rumors
against
the
Queene
.
In
the
rest
(
so
farre
as
I
haue
found
)
their
power
of
Enquirie
is
accompanied
with
the
auctoritie
to
heare
and
determine
also
.
For
this
want
of
Jurisdiction
is
not
found
in
the
Commission
of
the
Peace
it selfe
,
but
onely
in
cortaine
Statutes
that
(
for
weightie
causes
)
doe
restreine
this
further
proceeding
.
By
what
means
such
Enditements
shall
bée
remoued
to
those
higher
Courtes
,
I
will
shew
you
when
I
come
to
speake
of
Certifying
the
Recordes
of
the
Sessions
:
and
will
now
goe
on
with
those
other
Enditements
that
bée
remoued
by
labour
of
the
parties
.
Albert
,
that
in
the
remouing
of
pleas
betwene
partie
and
partie
,
from
inferiour
to
higher
Courts
,
by
Tolt
,
Ponc
,
Recordare
;
&c.
there
was
wont
to
bée
a
probable
cause
alleaged
,
for
which
the
same
were
remoued
:
yet
in
this
case
of
the
Crowne
there
néedeth
no
cause
to
bée
comprised
in
the
writ
of
Certiorari
,
bicause
they
all
bée
the
Courtes
of
the
Queene
,
and
it
breedeth
neither
iniurie
to
the
offendour
,
nor
losse
to
any
other
person
,
in
what
Court
soeuer
the
offence
bée
tried
.
This
Certiorari
then
,
may
commaunde
either
the
Recorde
it selfe
,
or
Tenorem
Recordi
,
to
bée
sent
vppe
:
and
it
ought
to
bée
obeyed
accordingly
.
Pluries
(
vel
Causam
nobis
significes
)
and
lastly
an
Attachment
,
shall
goe
out
against
them
that
should
sende
it
,
as
M.
Fitzh
.
noteth
in
his
Nat.
Br.
Fol.
245.
but
I
haue
heard
that
they
vse
also
Sub
poena
at
this
day
.
And
albeit
the
Certiorari
be
a
Supersede
as
of
it selfe
,
yet
may
the
partie
vpon
the
Certiorari
purchased
,
have
a
Supersede
as
also
,
directed
to
the
Shirife
,
&
commaunding
him
that
he
arrest
him
not
vpon
that
Record
,
before
the
Iustices
of
Peace
,
Fitzh
.
ibid.
Fol.
237.
In
which
place
also
he
doubteth
,
whether
the
Iustices
of
Peace
them selues
ought
of
dutie
to
awarde
their
owne
Supersedeas
to
the
same
effect
,
after
that
the
writ
of
Cortiorari
is
brought
to
their
hands
.
This
writ
of
Certiorari
is
euer
directed
to
the
Iustices
of
Peace
,
and
yet
(
as
you
haue
heard
)
the
Custos
Rotulorum
onely
hath
the
kéeping
of
these
Recordes
:
but
the
auncient
Commission
of
the
Peace
had
no
Custos
Rotulorum
specially
named
in
them
,
and
then
this
certifying
belonged
to
them
all
,
which
forme
the
Writ
retaineth
to
this
day
,
And
if
it
fall
in
question
whether
such
a
Certiorari
were
deliuered
to
the
Iustices
of
Peace
,
or
no
,
that
must
be
tried
(
sayth
the
Booke
10.
H.
7.
24.
)
by
the
verdit
of
twelue
men
.
Now
,
if
a
Certiorari
come
to
the
Iustices
of
Peace
to
remoue
an
Enditement
,
and
the
partie
sueth
not
to
haue
it
remoued
,
but
suffereth
it
to
lye
still
,
the
Iustices
of
Peace
may
procéede
notwithstanding
the
Writ
,
as
Hubbert
the
Kinges
Attourney
sayd
,
6.
H.
7.
16.
for
otherwise
the
triall
of
a
Felon
,
if
the
Enditement
Were
of
Felonie
,
might
bée
delayed
and
deluded
also
:
But
yet
Keble
held
opinion
against
him
,
and
was
fearfull
that
in
such
a
case
it
might
proue
felonie
to
make
execution
after
such
a
writ
.
And
if
a
Certiorari
come
to
the
Iustices
of
Peace
to
remoue
an
Enditement
,
and
in
truth
the
Enditement
was
not
taken
till
after
the
date
of
that
Certiorari
,
yet
if
the
Enditement
bée
remoued
thereby
,
it
is
good
enough
,
for
that
they
both
bée
the
Queenes
Courtes
.
1
R.
3.
4.
In
the
making
of
a
Certificat
vppon
this
Certiorari
,
the
Iustices
of
the
Peace
ought
neither
to
omitte
that
which
both
auctorize
them
,
nor
to
excéede
that
which
belongeth
vnto
them
.
For
,
on
the
one
side
,
if
they
certifie
an
Enditement
of
Felonie
,
as
taken
coram
Iusticiarys
ad
pacem
,
it
is
not
enough
,
without
saying
further
,
Nec
non
ad
diuersas
felonias
,
&c.
and
otherwise
,
it
is
doubtful
,
whether
the
Endited
shall
bée
quite
dismissed
,
or
no
:
because
the
Iustices
of
Peace
haue
then
no
Recorde
at
all
remaining
with
them
,
for
the
Clarke
of
the
Peace
maketh
an
entrie
accordingly
,
&
that
Record
which
they
sent
up
is
insufficient
.
And
therfore
,
the
Clarke
of
the
Crowne
was
forbidden
to
receaue
any
such
Certificat
.
12.
H.
7.
25.
On
the
other
side
,
if
they
certifie
one
Enditement
of
felonie
not
determined
,
into
the
Kings
Benche
,
they
ought
not
Without
warrant
to
certifie
an
other
Recorde
of
the
acquitall
of
that
Enditee
for
the
same
matter
:
for
,
nothing
ought
by
them
to
bée
sent
thither
without
warrant
,
but
that
which
is
executorie
,
and
néedeth
the
helpe
of
that
Court.
8.
E.
4.
18.
And
if
a
Certiorari
bée
,
to
send
up
the
Enditement
of
A.
in
which
Enditement
some
others
bée
endited
togither
with
the
same
A.
yet
néede
not
the
Iustice
of
Peace
to
make
Certificat
concerning
any
but
A.
6.
E.
4.
5.
For
although
they
bée
named
ioyntly
,
yet
bée
they
endited
seuerally
(
as
I
haue
sayd
before
)
and
the
Queene
may
pardon
A.
without
forgiuing
the
other
,
6.
E.
4.
5.
Markam
.
Finally
,
it
is
noted
(
8.
H.
5.
5.
)
that
Hankforde
the
chiefe
Iustice
of
the
Kings
Benche
,
abserued
this
order
,
that
he
which
brought
thither
an
Enditement
taken
before
Iustices
of
the
Peace
,
should
endorce
his
name
vpon
the
backeside
of
it
:
which
I
note
,
not
to
teache
them
of
the
Kinges
Benche
,
but
to
let
Iustices
of
the
Peace
sée
,
that
there
is
some
héede
to
be
taken
of
him
by
whom
they
send
up
their
Enditements
.
Of
the
Processe
vpon
Enditements
,
and
Informations
.
CAP.
VIII
.
THe
Court
béeing
thus
made
priuie
and
possessed
of
causes
,
must
of
duetie
procéede
to
the
handeling
(
or
hearing
)
and
tryall
of
them
:
the
whiche
bicause
it
can
not
indifferently
doe
,
vnlesse
it
keepe
one
eare
for
the
offendour
,
that
he
also
may
be
heard
in
his
owne
discharge
,
as
others
were
heard
to
lay
the
charge
vppon
him
,
the
manner
is
,
to
awarde
Processe
against
him
to
come
in
and
to
aunswere
.
For
commonly
,
an
Enditement
,
or
Information
(
béeing
but
an
accusation
,
or
declaration
against
a
man
)
is
of
none
other
force
but
to
put
him
to
aunswere
.
And
thereof
all
Processe
hath
the
name
,
bicause
it
proceedeth
or
goeth
out
vpon
former
matter
,
either
Original
,
or
Iudicial
.
(
33.
H.
8.
cap.
10.
)
did
once
conioyne
and
coople
them
.
The
power
of
making
processe
vpon
Enditements
is
giuen
by
erpresse
wordes
in
the
ende
of
the
second
Assignauimus
of
the
Commission
:
and
in
other
cases
(
where
it
is
not
namely
giuen
)
it
is
emplyed
of
congruencs
(
or
rather
of
necessitie
)
in
the
wordes
,
heare
and
determine
,
which
not
bée
perfourmed
,
vnlesse
the
partie
doe
either
come
in
,
graiis
,
or
bée
brought
in
by
processe
.
This
Processe
ought
alwaies
to
bée
in
the
name
of
the
Queene
,
thus
:
Elizabeth
Dei
gratia
,
&c.
Vicecomiti
Kancia
,
&c.
And
the
Teste
thereof
may
bée
vnder
the
names
of
any
two
Iustices
,
so
that
it
be
made
sitting
the
Court
in
the
Sessions
.
6.
&
7.
But
now
,
whereas
the
Commission
giueth
to
the
present
Iustices
auctoritie
to
make
processe
vpon
Enditements
,
taken
aswell
before
former
Iustices
,
as
before
them selues
,
al
that
doing
was
wont
to
bée
discontinued
in
Law
by
the
comming
out
of
a
newe
Commission
of
the
Peace
,
vntill
that
the
Statute
(
11.
H.
6.
ca.
6.
)
did
establish
,
that
no
pleas
,
suits
,
or
processe
,
to
bée
taken
before
Iustices
of
the
Peace
shoulde
bée
discontinued
by
a
newe
Commission
of
the
Peace
to
be
made
,
but
that
they
shoulde
stande
in
their
strength
,
&
that
the
Iustices
assigned
in
the
same
new
Commission
,
shoulde
haue
power
to
continue
the
same
,
and
to
heare
and
determine
all
that
whiche
dependeth
vpon
them
.
1.
E.
6.
ca.
7.
Furthermore
,
whereas
Shirifes
and
their
Baylifes
,
vsed
to
arrest
men
,
and
to
procéede
vppon
Enditementes
founde
in
theyr
Turnes
or
Lawdayes
,
an
other
Statute
made
(
1.
E.
4.
ca.
2.
)
wringeth
that
power
out
of
their
handes
,
and
deliuereth
it
ouer
to
the
Iustices
of
the
Peace
also
,
appoynting
them
to
procéede
vpon
them
,
as
if
they
had
bene
found
before
themselues
.
Nowe
,
séeing
that
this
Processe
of
the
Sessions
is
sent
out
to
this
ende
,
that
either
the
partie
shall
come
in
to
answere
,
and
be
iusticed
by
lawe
,
or
else
that
he
shall
for
hys
contumacie
bée
dèpriued
of
the
benefitte
of
lawe
(
for
so
muche
in
effect
doe
the
wordes
of
the
Commission
,
Quensque
capiantur
,
reddant
se
,
aut
vtlagentur
,
importe
in
them
)
it
followeth
,
that
in
al
cases
of
Enditements
,
(
if
the
partie
be
retourned
insufficient
)
the
Processe
of
Vtlawrie
,
lyeth
againste
the
offendor
,
if
he
bée
not
taken
before
,
or
doe
not
otherwise
offer
and
yéelde
himselfe
.
But
a
good
while
after
that
Commissions
of
the
Peace
were
first
awarded
,
there
was
not
giuen
by
them
any
power
to
make
out
anye
Processe
of
Vtlawrie
,
for
I
haue
séene
a
Commission
of
the
Peace
(
20.
Ed.
3.
Part.
1.
Patent
in
dorso
.
)
wherein
were
wordes
auctorizing
the
Commissioners
to
arrest
all
suche
as
shoulde
bée
endited
before
them
:
but
by
and
by
this
followeth
,
Et
ad
nomina
eorum
qui
fugerint
,
&
coram
vobis
iusticiari
noluerint
,
certificandum
in
Cancellaria
&c.
So
that
if
they
mighte
not
gette
them
arrested
,
they
coulde
goe
no
further
but
to
certifye
theyr
names
.
The
meane
to
this
Vtlawrie
is
not
one
in
all
cases
:
for
vpon
Enditements
of
Trespasses
against
the
Peace
,
or
suche
other
contemptes
,
the
Processe
is
one
:
and
vpon
Enditements
of
Treason
or
Felonie
,
it
is
another
.
Vpon
Enditements
of
Trespasse
against
fhe
Peace
,
of
Conspiracies
,
and
of
Routes
in
presence
of
the
Iustices
,
or
in
affraye
of
the
people
,
if
the
offendors
may
not
be
founde
,
nor
brought
in
by
Attachment
,
or
Distresse
,
(
by
reason
of
their
insufficiencie
)
the
Processe
Processe
of
Vtlawrie
is
to
bée
awarded
,
by
the
Statutes
.
18.
E.
3.
Stat.
1
:
&
.
18.
Ed.
3.
Stat.
2.
ca.
5.
The
like
is
against
suche
as
bée
endited
vppon
the
Statute
of
Liueries
.
8.
Henrie
.
6.
cap.
4.
Abd
a
Venire
facias
firste
,
and
then
(
if
therevpon
he
bée
retourned
sufficient
)
a
Distringas
,
and
so
the
same
Procese
infinite
til
he
come
in
:
but
if
a
Nihil
habet
.
&c.
bée
at
the
first
returned
against
him
,
then
a
Capias
alias
,
&
pluries
,
and
after
an
Exigent
,
(
as
it
séemeth
by
Maister
Marrow
,
and
the
olde
precedents
agréeing
with
the
Common
Course
as
I
take
it
,
)
is
the
ordinarie
Processe
vpon
al
enditements
(
not
sounding
in
Felonie
or
greater
offece
)
whether
they
bée
of
Trespaslse
against
the
Peace
,
or
of
contemptes
againste
penall
Laws
,
vnlesse
it
bée
otherwise
specially
prouided
by
those
same
Statutes
wherevppon
suche
Enditements
bée
altogither
grounded
:
Of
which
sorte
these
bée
some
.
The
statute
(
22.
H.
8.
c.
5.
)
concerning
Bridges
in
Highwayes
,
alloweth
suche
Processe
as
the
Justices
of
the
Kings
Benche
doe
vse
,
or
suche
as
the
Iustices
of
the
Peace
them
selues
shal
think
méete
by
their
Discretion
,
for
the
spéedie
amendement
of
those
Bridges
.
Vpon
Enditements
of
Liueries
,
maintenance
Archerie
,
vnlawfull
games
&c.
by
the
Statute
(
33.
Hen.
8.
cap.
10.
)
there
was
giuen
one
Venire
facias
,
one
Capias
,
and
then
the
Exigent
:
But
it
is
to
bée
weighed
,
whether
the
Statute
(
37.
Hentie
.
8.
cap.
7.
)
whych
vtterlye
replealeth
that
Statute
(
53.
Henrie
.
8.
)
doe
transferre
the
manner
of
that
Processe
vnto
the
auntiente
Quarter
Sessions
,
as
it
doeth
sundry
other
partes
of
the
said
Statute
.
The
Statute
of
Labourers
(
23.
H.
6.
cap.
13
)
gaue
(
after
Enditements
grounded
therevppon
)
an
Attachement
,
Capias
,
and
Exigent
.
But
I
thinke
it
no
great
doubt
but
that
that
pointe
is
taken
awaye
by
the
new
Statute
of
Labourers
(
5.
Elizabeth
.
cap.
4.
)
as
well
as
all
the
residue
of
that
Statute
is
.
The
Statute
5.
E.
6.
ca.
25.
giuth
power
to
the
Iustices
of
Peace
to
enquire
of
Alehouse
kéepers
whether
they
haue
done
any
acte
to
the
breach
of
their
Recognusance
.
Some
other
Statutes
there
bée
,
that
haue
extended
the
auctoritie
of
the
Iustices
of
Peace
(
in
sending
Processe
)
beyonde
the
boundes
of
their
owne
Commission
.
(
1.
E.
6.
ca.
1.
)
thrée
Iustices
of
the
Peace
(
the
one
being
of
the
Quorum
)
maye
make
Processe
against
such
as
be
there
vpon
endited
for
deprauing
the
Sacramente
,
by
two
Writtes
of
Capias
,
and
the
Exigent
,
and
by
Capias
vilagatum
,
into
any
place
within
the
Queenes
dominions
.
So
,
if
a
Seruaunt
departe
into
an
other
Shire
,
the
Iustices
of
the
Peace
of
that
Shire
,
(
where
the
departure
was
)
maye
graunte
Writs
of
Capias
,
to
the
Shirife
of
the
other
Shire
,
(
where
the
Seruaunt
is
)
returnable
before
themselues
.
5.
El.
ca.
4.
The
like
may
they
doe
(
by
the
saide
Statute
(
22.
H.
8.
ca.
5.
)
where
a
decayed
Bridges
lyeth
in
one
Shire
,
and
the
person
or
landes
(
chargeable
thereto
)
doe
lye
in
an
other
Shire
.
But
if
the
Enditement
bée
in
one
●o●tie
,
and
the
Enditée
bée
named
to
bée
then
or
Nuper
dwelling
in
an
other
Countie
,
&
there
is
a
speciall
course
of
Processe
in
that
behalfe
for
his
benefite
appointed
by
the
Statute
(
8.
H.
6.
cap.
10.
)
both
for
Treson
,
Felonie
,
and
Trespasse
:
for
(
before
any
Exigent
,
shall
bée
awarded
)
one
Capias
must
be
sente
out
,
and
retourned
,
and
then
a
second
Capi●●
shall
goe
(
into
the
Countie
where
he
is
supposed
in
the
Enditemente
to
bée
or
to
haue
bene
conuersante
)
retourneable
(
before
the
same
Iustices
of
the
Peace
,
before
whom
the
Enditement
was
taken
)
thrée
monethes
at
the
least
after
the
date
thereof
(
for
al
Counties
be
now
holde
from
moneth
to
moneth
by
2.
Edwarde
.
6.
ca.
25.
)
by
which
laste
Writte
,
the
Shirife
shall
be
commaunded
to
take
the
Enditee
,
if
he
maye
bée
founde
within
hys
Bay
liwike
,
and
if
not
,
then
to
make
Proclamation
in
two
Counties
(
before
the
return
of
that
Writte
,
)
that
the
Enditee
shall
appeare
before
the
sayde
Iustices
of
the
sayde
Countie
(
where
the
Enditements
was
taken
)
at
the
day
contayned
in
the
last
sayde
Capias
,
to
aunsweare
to
his
offence
,
at
which
day
if
he
come
not
,
then
the
Exigent
shall
bée
awarded
against
hym
,
and
otherwise
not
.
And
by
the
equitie
of
this
Statute
of
(
8.
H.
6.
ca.
10
)
(
saith
M.
Marr.
)
if
the
Enditee
be
imprisoned
in
an
other
Countie
,
the
Iustices
of
Prace
may
awarde
an
Habe●
corpus
to
remoue
him
before
them
.
At
this
Processe
of
Vtlawrie
may
be
staid
by
a
Super
sedeas
And
Fitz.
in
his
Nat:
Br.
(
●o.
237.
)
hath
the
case
,
that
if
an
Exigent
goe
out
vpon
an
Enditement
of
Trespasle
found
bedore
Iustices
of
the
Peace
,
fhe
partie
maye
finde
suerties
in
the
Chauncerie
(
bodie
for
bodie
)
to
appeare
at
the
day
of
the
Writ
,
and
may
then
also
haue
a
Supersedeas
from
there
to
the
Shirife
,
commaunding
him
to
forbeare
to
take
him
,
&
to
let
him
go
if
he
haue
then
alreadie
taken
him
for
the
cause
.
Entrees
(
Fo.
546
)
the
Processe
vpon
such
an
Enditement
staied
by
a
Supers
;
edeas
issuing
from
one
Iustice
of
the
Peace
alone
,
&
testifying
the
the
partie
came
before
him
&
found
suerties
de
fine
assidendo
.
But
,
as
I
beléeue
the
former
,
so
wil
I
not
perswade
the
practize
of
the
latter
,
bicause
I
thinke
it
not
in
the
lawful
power
of
anye
one
Iustice
of
the
Peace
,
to
award
any
such
warrant
,
but
it
must
be
done
by
two
Iustices
at
the
least
.
I
haue
yet
to
speake
of
Processe
vpon
Enditements
of
Treason
and
Felonies
,
wherein
I
wil
bée
short
,
that
I
may
passe
ouer
to
other
things
.
The
Proces
vpon
an
enditement
of
Treason
,
forcountersaying
mony
,
is
by
Capias
only
,
&
so
set
forth
,
3.
H.
5.
ca.
7.
neither
is
there
any
other
Treason
wherevpon
the
Iustices
of
the
Peace
may
awarde
Processe
.
It
seemeth
by
M.
Marrowe
,
that
the
Processe
at
the
common
Lawe
vppon
Enditements
of
felonie
was
but
one
Capias
,
&
then
the
Exigent
:
But
the
old
Precedents
(
grounding
the
mselues
vpon
the
Statute
(
25.
E.
3.
c.
14.
)
doe
vse
the
mention
of
two
Writtes
of
Capias
before
the
Exigent
.
For
that
Statute
prouideth
,
that
after
retourne
of
Non
est
inuentus
vpon
the
first
Capias
,
an
other
Capias
shal
be
incontinently
awarded
,
whereby
the
Shirife
shall
be
commaunded
to
seise
the
cattailes
of
the
Enditee
,
and
safely
to
kéepe
the
till
the
day
of
the
Capias
retourned
:
and
if
he
then
also
returne
Non
est
inuentus
,
&
the
Enditee
commeth
not
in
,
the
Exigent
shal
bée
awarded
,
and
the
Cattailes
shal
be
forfeited
:
But
if
hée
come
&
yéelde
him
,
or
be
taken
before
the
returne
of
the
second
Capias
,
the
goods
and
Cattels
shal
be
saued
vnto
him
.
And
here
the
Iustices
of
peace
haue
power
to
send
into
a
Forraine
Countie
:
for
,
whereas
by
the
common
Law
no
man
could
be
Attached
,
vpon
an
Enditement
or
vtlawrie
of
Felony
,
but
only
in
the
Countie
wherein
he
was
Endited
,
or
outlawed
,
whereby
many
euil
men
were
much
incouraged
,
the
Statute
(
5.
E.
ca.
11.
)
did
take
order
,
that
Iustices
assigned
to
heare
and
determine
Felonies
)
might
direct
their
Writtes
to
any
Countie
in
Englande
,
to
take
suche
Enditees
,
whether
soeuer
they
had
remoued
themselues
.
And
on
the
other
side
,
if
the
Inditement
be
found
in
one
Countie
,
and
the
Enditee
is
therein
named
to
be
then
dwelling
in
another
Countie
:
I
haue
tolde
you
already
(
in
this
Chapter
)
for
the
benefit
of
the
Enditee
,
what
Processe
belongeth
to
it
,
and
therefore
I
will
in
hande
with
Processe
vpon
Informations
.
The
power
of
making
Processe
vppon
Informations
,
procéedeth
from
speciall
Statutes
,
&
may
not
therefore
varie
from
their
direction
,
although
they
varie
one
from
an
other
.
For
vpon
an
Information
,
giuen
for
the
Queene
before
Iustices
of
the
Peace
,
vppon
the
Statute
of
Liueries
(
made
8.
E.
4.
cap.
2.
)
the
shall
awarde
suche
Processe
,
as
is
made
vpon
an
Originall
Writte
of
Trespasse
done
against
the
Queenes
Peace
,
because
the
Information
it selfe
is
(
by
force
of
that
Statute
)
in
steade
of
an
Originall
Writte
.
And
vpon
Information
made
vnto
them
,
that
an
Alehouse
kéeper
hathe
done
any
acte
whereby
he
hath
forfaited
his
Recognusance
,
they
may
awarde
Processe
againste
him
,
to
shew
why
he
should
not
forfeite
hys
Rccognusance
,
by
the
Statute
5.
E.
6.
ca
25.
as
hath
bene
saide
:
But
learne
if
that
be
meant
of
a
Scire
facias
,
or
of
some
other
Proceffe
.
Of
Hearing
,
vpon
Confession
.
CAP.
IX
.
THe
partie
being
thus
brought
in
,
(
or
otherwis
yelding
him selfe
)
to
answeare
,
Iustice
requyreth
,
that
he
be
heard
to
speak●
and
therefore
,
hi●
may
(
as
hys
case
wil
serue
)
eyther
ronfessue
)
or
deny
the
offence
wherewith
he
is
burdened
.
And
this
Confession
is
of
two
sortes
,
frée
,
or
forced
:
and
that
former
is
of
two
kindes
also
,
absolutc
,
or
after
a
manner
.
In
the
open
(
or
absolute
)
Confession
,
hée
taketh
the
faulte
vppon
him
,
and
péeldeth
himselfe
simply
to
suche
paine
as
the
Court
will
inflid
for
it
.
And
this
frée
Consfession
is
of
great
force
in
Lawe
:
for
if
it
be
vpon
an
Enditement
of
Batteric
,
and
(
after
such
confession
had
for
the
Queen
)
the
partie
beaten
wil
also
bring
his
Action
of
Trefpns
for
his
owne
damage
,
then
shal
the
defendant
be
concluded
by
his
confesession
vpon
the
Enditement
,
so
that
he
shall
not
bée
receiued
to
say
the
contrarie
.
9.
H.
4.
8
:
&
11.
H.
4.
65.
But
the
other
,
(
which
I
call
Consession
after
a
manner
)
is
onely
a
not
denying
,
in
which
the
partie
both
cunningly
,
and
(
after
a
sorte
)
take
the
fault
vppon
him
,
without
confessing
hym selfe
guiltie
thereof
:
as
where
he
putteth
hym selfe
in
Gratiam
Reginae
wythout
anye
more
,
or
by
Proteftation
that
heacute
;
e
is
not
guiltie
,
pleadeth
his
pardon
:
And
such
a
Confession
(
if
I
maye
so
call
it
)
both
not
so
conclude
hym
,
but
that
he
maye
afterwarde
pleade
Not
guiltie
in
anye
Action
brought
aqainst
him
9.
H.
6.
60.
Cur.
&
11.
H.
4.
65.
The
forced
Confession
,
whereof
I
spake
,
is
that
which
the
Iustices
do
wring
out
Of
the
partie
by
the
Examination
of
him
,
in
such
cases
wherein
it
is
permitted
.
Of
hearing
,
by
Discretion
.
CAP.
X.
WHether
the
offender
,
shall
fréely
confes
;
ss
the
faulte
,
or
finely
yéelde
hym selfe
to
Grace
,
or
pleace
hys
pardon
without
confessing
it
,
yet
then
is
that
matter
fullye
heard
,
and
the
Court
made
readie
to
determine
of
it
.
But
if
he
shall
deny
the
fact
,
then
muste
some
other
course
of
Hearing
(
or
triall
)
be
taken
for
it
.
And
that
is
in
some
cases
,
by
Dis
;
cretion
of
the
Iustices
:
in
some
other
cases
by
Examination
of
the
parties
or
witnesses
,
and
in
s
some
other
cases
by
Ccrtificat
of
other
men
,
but
in
meste
cases
by
Trauers
;
e
or
Araignement
,
bothe
which
laste
trialles
are
perfourmed
by
the
verdite
of
twelue
.
For
Ius
;
tices
of
the
Peace
,
can
not
(
vpon
an
Inditement
of
Mayheme
)
make
the
Triall
by
their
own
view
,
or
inspection
,
as
the
Iustices
of
the
Kings
Bench
may
,
faith
Marr.
The
Statute
(
11.
H.
7.
cap.
3.
)
pretending
,
that
offences
committed
againste
the
Statutes
Of
Riotes
,
Retainers
,
Maintenaunces
,
Embraceries
,
Extortions
,
Vnlawful
games
,
and
such
like
mis
;
demeanours
,
were
neither
accordingly
punis
;
hed
before
Iustices
of
the
Peace
,
by
reason
of
the
greate
corruption
,
and
fauoure
of
the
Enquestes
,
fworne
and
charged
there
vppon
to
enquire
before
them
,
nor
coulde
be
otherwise
conueniently
corrected
by
order
of
Law
,
wulesse
they
were
founde
and
presented
by
twelue
men
thereto
duely
sworne
,
did
enact
,
that
from
thenceforth
Iuftices
of
the
Peace
,
vpon
information
made
(
for
the
King
)
before
them
should
haue
ful
power
by
their
Diseretion
,
to
heare
and
determine
all
offences
and
contempts
against
many
penall
lawes
,
then
inforce
,
&
not
repealed
.
But
(
as
one
saide
)
Exbonis
legibus
,
mala
exempla
:
So
,
the
Parliament
(
1.
H.
8.
cap.
1.
)
complayned
,
that
manye
men
were
deceitfully
entrapped
,
and
wrongfully
condemned
thereby
,
and
therefore
it
resumed
that
power
:
yea
,
and
the
King
withall
chopped
off
the
heads
of
some
that
had
filled
hys
fathers
purse
by
the
execution
of
that
&
some
other
penall
Statutes
.
So
that
now
againe
the
Triall
of
offences
ought
(
for
the
moste
parte
)
to
procéede
eyther
after
the
generall
order
of
the
common
Lawe
,
or
vpon
suche
speciall
examination
or
other
proofe
,
as
some
Statutes
doe
giue
in
speciall
cases
:
and
this
hearing
at
libertie
and
discretion
,
hath
seldome
airye
place
.
But
whersoeuer
it
is
permitted
,
that
counsell
which
M.
Bracton
(
lib.
1.
)
giueth
,
is
to
be
hearkened
vnto
:
In
Iudiciall
hearing
of
a
fault
(
saith
he
)
besides
the
bodie
of
the
facte
it selfe
,
these
seauen
circumstances
are
to
be
weyghed
,
namely
,
the
cause
,
the
person
,
the
time
,
the
place
,
the
quantitie
,
the
qualitie
,
and
the
euent
.
And
for
proofe
,
that
hearing
by
discretion
,
is
yet
in
some
sorte
suffered
,
take
thys
for
example
.
The
Iustices
of
Peace
may
heare
by
their
discreation
,
as
well
by
Examination
,
as
other
wise
,
at
the
suite
of
the
king
,
or
of
the
partie
,
the
offences
done
againste
the
Statute
prouided
for
the
true
making
of
Lile
.
17.
E.
4.
cap.
4.
But
howe
farre
this
discreation
,
and
the
worde
otherwise
maye
bée
extended
in
thys
,
and
suche
like
cases
,
it
can
not
wel
bée
foretolde
,
for
it
is
referred
to
them
,
and
they
muste
take
counsell
exre
,
&
extempore
,
for
it
.
Of
Hearing
(
or
Triall
)
vpon
Examination
.
CAP.
XI
.
THe
obstinacie
of
euil
dooers
that
woulde
shewe
no
conscience
in
acknowleging
of
their
faultes
,
and
the
corruption
of
Iurors
that
would
presente
nothing
,
that
lay
onlie
in
their
owne
knowledges
,
hath
begotten
and
brought
into
our
Lawe
thys
triall
by
Examination
,
wherewith
it
was
not
before
acquainted
.
And
yet
thys
manner
of
Triall
is
not
loosly
permitted
to
Iustices
of
the
Peace
,
but
in
cases
onelie
,
where
,
eyther
the
Statutes
doe
generally
referre
the
trial
to
their
Discretions
,
or
else
doe
specially
auctorise
them
to
take
the
Examinations
.
The
Examination
then
,
is
sometimes
of
the
offendours
them selues
,
sometimes
of
Witnesses
that
can
speake
to
the
matter
,
and
sometimes
both
of
the
parties
and
witnesses
:
of
euerie
of
which
I
wil
giue
you
an
auctoritie
,
or
twaine
,
and
leaue
the
reste
to
your
owne
reading
and
examination
.
Vpon
apparance
(
after
Procesle
)
against
the
offendors
of
these
Statutes
of
Liueries
,
Enquest
,
8.
H.
6.
cap.
4
:
&
8.
E.
4.
cap.
2.
They
may
also
call
before
them
,
and
examine
,
all
such
as
shall
be
suspected
to
kéepe
Deere
hayes
,
19.
H.
7.
ca.
11.
And
because
it
is
often
séene
,
that
those
which
haue
committed
an
offence
,
will
also
increase
their
faulte
by
denying
of
the
same
,
therefore
some
Statutes
(
as
I
saide
)
do
appoint
,
that
the
Iustices
of
Peace
shall
take
the
examination
of
others
,
besides
the
offendors
themselues
.
And
therevpon
,
the
vsers
of
false
priuie
tokens
,
33.
H.
8.
cap.
1.
And
the
vnlawfull
takers
of
Dawkes
Hawkes
egs
,
11.
H.
7.
ca.
17.
Now
,
whereas
some
Statutes
doe
enable
the
Iustices
of
Peace
to
heare
and
determine
,
by
the
generall
vse
of
the
word
Examination
,
without
shewing
of
what
persons
:
it
séemeth
to
me
,
that
they
may
ther
vpon
examine
as
wel
the
parties
,
as
other
witnesses
.
Such
a
one
is
the
Statute
prouided
for
the
true
making
of
Tiles
,
17.
E.
4.
cip
.
4
:
Such
an
other
is
the
Statute
made
for
the
examination
of
offences
done
by
Coroners
1.
H.
8.
ca.
7
:
32.
H.
8.
cap.
13.
Thus
farre
of
Examinations
:
which
whether
they
ought
to
be
taken
vpon
oath
,
or
no
,
you
maye
coniecture
by
that
whiche
I
haue
alreadie
sayde
thereof
in
the
firste
Booke
:
and
yet
(
for
more
aide
towardes
your
resolution
)
I
saye
nowe
that
these
Examinations
ought
(
in
my
slender
iugement
)
to
be
vpon
Dathe
,
because
the
triall
here
dependeth
vppon
them
,
whereas
those
others
are
but
to
enforme
the
Iurie
towardes
an
●●ditement
onelie
,
in
so
muche
as
the
parties
are
bounde
to
giue
the
matter
of
them
innuidence
Vina
voce
,
when
the
triall
shall
bée
.
Of
Triall
(
or
Hearing
)
by
Certificat
.
CAP.
XII
.
BEfore
som
other
Iudges
,
the
Lawe
hath
allowed
Trial
by
sundrie
sortes
of
Certificat
:
as
from
the
Quenes
Lieuetenaunt
,
in
the
case
of
Escuage
:
from
the
Bishop
,
in
the
cases
of
Bastardic
,
Bygamie
,
Excommunication
,
&c.
and
in
some
other
cases
from
other
men
:
But
,
before
Iustices
of
the
Peace
,
I
haue
not
hitherto
founde
anye
triall
by
Certificat
,
appointed
by
Statute
,
but
in
this
one
case
following
.
If
any
man
(
being
impeached
vpon
this
Statute
of
Armour
,
for
not
hauing
his
appointed
furniture
,
shall
alledge
,
that
the
same
furniture
so
lacking
,
coulde
not
bée
conueniently
prouided
,
for
want
of
the
same
wythin
the
Realme
,
this
shall
be
taken
for
a
good
answeare
(
in
case
it
be
true
)
but
if
it
be
denyed
or
trauersed
,
issue
shall
be
ioyned
vpon
it
,
and
the
Trial
shall
be
onelie
by
Certificat
to
be
made
by
the
L.
of
the
Counsell
,
L.
Steward
of
the
Queenes
house
,
L.
Priuie
Seale
,
L.
Admirall
,
and
L.
Chamberlaine
of
the
saide
housholde
,
or
by
thrée
of
them
,
in
writing
vnder
their
Seales
.
4.
&
5.
Phil.
&
Mar.
cap.
2.
For
,
the
Certificat
of
the
offence
,
and
of
the
Recognusance
taken
by
two
Iustices
of
the
Peace
,
one
being
of
the
Quorum
of
hym
that
hath
obstinately
kepte
a
common
Ale-house
againste
the
Statute
5.
E.
6.
cap.
25.
is
made
a
sufficient
conuiction
of
the
same
offence
,
wythout
further
Triall
.
Of
Hearing
(
or
Trill
)
by
Trauerfe
.
CAP.
XIII
THe
moste
solemne
,
&
auntient
Triall
of
the
fact
,
against
an
offendor
that
wil
not
con.
fesse
it
,
is
that
which
we
sée
perfourmed
by
the
berdite
of
twelue
good
and
lawful
men
of
the
Countrie
:
and
it
also
doth
beste
con
,
tent
and
quiet
the
guiltie
man
,
for
that
it
passeth
by
hys
owne
Countrymen
,
Neighbours
,
and
Peeres
,
according
to
the
auntient
libertie
of
the
Lande
,
wherevato
every
frée
borne
man
thinketh
him selfe
inheritable
:
and
therevppon
it
is
named
(
Mag.
Cart.
cap.
29.
)
Legale
indicium
parium
suorum
,
the
lamfull
iudgement
of
a
mans
owne
Peeres
,
or
Equalles
,
because
,
as
the
Nobilitie
,
soalso
the
Comminalty
.
are
to
be
tried
,
intreason
,
felonie
,
or
misprision
of
treason
,
not
the
one
by
the
other
,
but
each
by
men
of
their
owne
estate
and
calling
.
I
meane
by
the
worde
Nobilitie
,
as
our
own
Law
speaketh
(
which
calleth
none
Noble
vnder
the
degrée
of
a
Baron
)
and
not
as
men
of
forraine
Countries
doe
dse
to
Gentile
birth
is
accompted
Noble
:
for
wée
dayly
sée
that
bothe
Gentlemen
and
Kinghts
doe
serue
in
the
Parliament
as
members
of
the
Comminaltie
.
Nowbeit
,
in
cases
of
forcible
Centrie
,
Riot
,
Rout
,
vnlawful
Assemblie
,
or
such
like
,
they
of
the
Nobilitie
shal
be
tried
by
twelue
men
,
as
well
as
other
inferiour
subiectes
.
3.
&
4.
Phil.
&
Mar.
reported
by
Dalizon
.
Thys
Triall
happeneth
before
Iustices
of
the
Peace
,
sometimes
vppon
Trauerse
,
and
sometimes
vpon
Arraignment
.
But
yet
,
some
things
be
commune
to
them
both
:
For
,
if
the
partie
charged
will
Demurre
in
Lawe
vppon
the
euidance
,
the
Iustices
ought
to
recorde
his
Demurrer
:
So
if
he
wil
pleade
in
Iuttification
any
matter
of
Recode
that
is
before
other
Iustices
,
they
ought
to
give
him
day
to
bring
it
in
.
Marr.
So
also
if
the
Iustices
(
thinking
an
Enditement
to
be
doide
)
haue
discharged
the
prisoner
(
paying
his
Fées
)
yet
,
vppon
chaunge
of
their
opinion
,
they
may
stay
him
againe
,
at
any
time
before
Iudgement
,
Fitzh
.
Endite
.
27.
But
if
he
pleade
a
Pardon
before
them
,
in
whych
certaine
persons
be
excepted
,
and
the
Queenes
Attourney
is
not
present
to
ioine
issue
,
that
he
whyche
pleadeth
it
is
one
of
those
that
be
excepted
,
then
they
themselues
maye
supply
the
office
of
the
Attourney
,
in
that
behalfe
.
8.
E.
4.
7.
wherevpon
also
I
gather
this
generall
learning
,
that
they
ought
not
to
suffer
the
Queene
to
be
disaduauntaged
,
where
it
lyeth
lawfully
in
their
power
to
preuent
it
.
And
if
an
Inditement
be
challenged
for
suche
cause
as
these
Iustices
will
not
allow
,
then
may
they
seale
a
Bill
,
of
that
exception
for
the
partie
,
if
he
will
write
and
require
it
according
to
the
Statute
W.
2.
ca.
30.
as
M.
Marr.
writeth
.
The
Trauerse
tooke
name
of
the
French
,
de
Trauers
.
de
transuerso
,
in
Latine
,
signifying
,
on
the
other
side
:
because
,
as
the
Eaditement
on
the
one
side
chargeth
the
partie
,
so
he
on
the
other
side
commeth
in
to
discharge
him selfe
.
For
,
whereas
the
Arraignement
procéedeth
vppon
hym
that
is
dnwillinglye
brought
in
by
Processe
,
the
Trauerse
is
(
for
the
moste
parte
)
fréely
tendred
dy
the
partie
.
To
Trauerse
an
Enditement
then
,
is
to
take
issue
vppon
the
chiefe
matter
thereof
,
whiche
is
none
other
to
saye
,
than
to
make
contradiction
,
or
to
denye
the
point
of
the
Enditement
.
As
in
a
presentment
againste
one
for
beating
the
seruant
of
A.
the
parte
may
come
in
,
and
may
choose
to
saye
,
that
he
did
not
beate
him
,
(
which
is
to
trauerse
the
matter
)
or
that
he
is
not
the
seruant
of
A.
(
which
is
to
trauerse
the
cause
)
but
hée
cannot
saye
,
that
A.
loste
not
hys
seruica
:
for
thereby
the
batterie
is
confessed
,
and
then
of
necessitie
it
followeth
,
that
hée
is
a
Trespasser
,
31.
H.
6.
12
:
&
Brooke
Til.
Trauerfe
182.
And
the
libertie
of
Trauerse
is
commonly
restrained
to
Enditements
of
Trespasses
,
Contemptes
,
Riotes
,
and
other
inferiour
offences
,
wythin
the
Commission
,
or
Statutes
,
auctoriring
the
Iustices
of
Peace
:
and
is
not
dsully
ertended
to
Treasons
,
or
Felonies
,
as
you
shall
héereafter
sée
.
M.
Brooke
noteth
,
that
it
is
not
muche
dsed
to
Trauerse
Enditements
before
Iustices
of
the
Peace
,
but
rather
to
remoue
them
into
the
King
Bench
,
and
to
Trauerse
them
there
.
For
although
it
be
holden
(
2.
R.
3.
cap.
11
:
19.
H.
8.
11
:
&
Fitze
.
Tit.
Afs.
442.
and
in
other
bookes
)
that
a
man
shall
not
be
receiued
to
trauerse
a
Prefentment
,
vnlesse
it
do
charge
his
fréeholde
:
yet
Hussey
and
Fairetax
saide
(
5.
H.
7.
4.
)
that
a
Presentment
(
not
concerning
fréeholde
)
which
is
founde
before
Iustices
of
the
Peace
,
may
be
traucrsed
:
and
whether
they
meante
it
of
a
Trauerse
in
the
Kings
Bench
,
or
beefore
Iustistices
of
the
Peace
,
it
maketh
no
difference
,
because
the
reason
is
all
one
,
that
is
,
if
Processe
be
awarded
,
the
partie
maye
come
in
,
and
offer
his
Trauerse
,
and
otherwise
the
Processe
should
be
in
baine
.
Hereunto
agréeth
Moubray
(
41.
Ed.
3.
26.
)
saying
further
,
that
in
a
Leete
suche
a
Presentment
is
not
Trauersable
,
because
out
of
a
Leetee
no
Processe
can
be
awarded
vppon
it
.
And
this
peraduenture
is
the
reason
of
the
booke
(
8.
E.
4.
ca.
5.
)
and
of
M.
Mar.
where
they
say
that
a
Presentment
of
bloudshead
found
in
the
Shirifes
Turne
,
and
sent
(
as
it
otgh
to
be
)
to
the
Iustices
of
Peace
,
cannot
be
trauersed
before
them
,
as
wherevppon
they
can
neyther
make
Processe
,
nordischarge
the
partie
by
waye
of
Plea
.
So
that
this
séemeth
a
generall
learning
,
that
wheresoeuer
any
Processe
adrespondendum
goeth
out
vpon
suche
an
Enditemente
as
is
trauersable
,
there
the
partie
may
offer
,
and
ought
to
haue
his
Trauerse
.
But
Marrowc
sayeth
,
that
if
a
man
bée
of
an
Enquest
that
Endited
him
of
Trespasle
,
or
suche
like
(
so
that
vppon
the
matter
,
he
emdied
hymselfe
)
thys
is
so
strong
,
that
hée
shall
neuer
bée
receyued
to
Trauerse
it
.
It
is
not
my
meaning
to
pester
this
latter
Booke
with
Precedents
:
But
yet
for
as
musc
as
in
the
Recorde
of
one
Trauerse
,
there
is
at
once
discouered
the
Stile
of
the
Sessions
,
the
Enditement
.
the
Processe
to
aunsweare
,
the
Trauerse
it
selse
,
the
Verdite
,
and
Iudgement
therevpon
,
the
Processe
of
execution
,
the
yéeldng
of
the
parties
,
and
the
assesmet
of
their
fines
,
so
that
it
alone
maye
serue
in
steade
of
all
,
I
trust
it
shall
not
bée
troublesome
to
insect
it
.
ALias
,
seict
cet
ad
Sessiossem
pacis
,
tentam
apssd
Bridgewater
in
comitatu
pradicto
,
die
Martis
proxime
ante
festum
:
Sancti
Mathei
Apostoli
annoregni
Dom
,
nestra
Elizabethae
dei
gratia
Anglia
,
Frácaea
,
&
Hibernia
Reginae
,
sidei
defensoris
&c.
vicesimo
,
Coram
Iohanne
Stowell
milite
,
Humfrido
Walron
vno
magistrorum
Curia
Cancellariea
dscta
D.
Reginae
,
&
alijs
socijs
suis
Iusticiarijs
dicta
Domina
Reginae
ad
pacem
in
comitatu
preadicto
conseruandam
,
Necnon
ad
diuersas
felorias
,
trangressioncs
&
alia
malefactain
code
comitatu
perpetrata
audienda
&
terminanda
assignatis
,
per
sacramentum
.
xij
.
Inratorum
extitit
prasentatum
,
guód
Iohannes
Long
,
de
&c.
R.
M.
de
&c
Et
T.
L.
de
&c.
cum
diuersis
alijs
ignetis
malefactoribus
,
&
pacis
dicta
Dom.
Reginae
perturbatoribus
,
modo
gueriino
arraiati
,
vnsti
,
&
assemblati
,
vicesimo
die
Iulij
in
nocte
eiusdem
diei
,
anno
.
&c.
Vi
&
armis
(
viz
)
Baculis
,
gladijs
,
clipeis
,
pugionibus
,
falcactris
,
&
alijs
armis
,
tam
inuasiuis
,
guám
defensiuis
,
apud
C.
&c
,
clausum
cuiusdam
Willi.
Willkt
(
vocatum
B.
)
illicité
,
riotose
,
&
routosé
,
fregerunt
,
&
intrauerunt
,
&
octoplauctra
foeni
ad
valenciam
&c.
adtunc
&
ibidem
existentia
,
de
bonis
&
catallis
dicti
Willi.
Willet
adtunc
ibidem
iniucté
illicité
ceperunt
&
acportauerunt
,
contra
pacen
dicta
Domina
Reginae
&c.
Et
coatra
formam
Statuti
inde
editi
Se
prouifï
.
I.
L.
R.
M.
&
T.
L.
in
proprijs
personis
suis
,
&
habito
auditu
Indictamenti
praedicti
,
seperatime
dicunt
,
quod
ipsinon
sunt
inde
culpabiles
,
Et
de
hoc
ponunt
se
super
patriar
:
Et
Adam
Martin
qui
pro
Domina
Reginae
in
hac
parte
sequitur
,
similiter
&c
:
Ideo
veniat
inde
Iurata
coram
Iucticiarys
dicta
Domina
Reginae
ad
pacem
in
comitatu
prudicto
conseruandam
asignatis
&c.
ad
Sessione
pacis
apud
Welles
&c.
die
Martis
proxime
post
Epipbaniam
Domini
tunc
proxime
futuro
tenendnm
.
Adam
Martin
qui
sequitur
&c.
quám
preafatis
I.
L.
R.
M.
&
T.
L.
&c.
Adquas
quidem
Sessiones
pacis
,
tentas
eapud
W.
preadict
.
in
comitatu
pradico
die
&c.
T.
P.
G.
N.
&
H.
P.
milit.
&
socijs
suis
Iucticarijs
dictea
D.
Reg.
adpacens
in
comiteatu
preadicto
conseruandam
,
Necnonad
diuersas
felonias
,
transgressiones
,
&
alia
malefacta
in
codem
comitatu
perpetreatea
audienda
&
terminanda
assignatis
,
venerunt
tam
prafatus
A.
Martin
qui
sequitur
&c.
quádm
prtfati
I.
L.
R.
M.
&
T.
L.
in
proprijs
personis
suis
,
Et
Iuratores
praedicti
,
per
vicecomitem
Comitatus
prtdicti
ad
hoc
impanellati
,
&
exacti
,
(
viz
,
)
Iacobus
F.
Gen.
I.
G.
&c.
similicar
veneunt
,
qui
ad
veritatem
de
premissis
dicendam
trialti
&
inrati
dicunt
super
Sacramentum
suum
,
quod
pradicti
I.
L.
R.
M.
&
T.
L
culpabiles
sunt
,
&
eorum
quil●ber
culpabilis
est
,
de
transgressione
,
contempiu
,
&
riot
to
pradict
is
in
Indictamento
praedicto
superim
specificatis
,
modo
&
forma
prout
superius
versus
eos
supponitur
:
Iào
concessum
est
curtam
,
quod
praedicti
I.
L.
R.
M.
&
T.
L.
capiantur
ad
satistaciendum
dicta
D.
Reg.
de
finibus
suis
casione
transgressionis
,
contemptus
,
&
riottipraedictis
.
I.
L.
R.
M.
&
T
L.
adtunc
&
ibidem
praesentes
ibidem
in
Curia
pet
ierunt
se
ad
ficum
dicta
Domina
Reginae
occasione
pradicta
admitti
:
Et
indeponunt
se
seperatim
inmisericordiam
Do.
Re
:
Et
assatur
finis
eiusdem
I.
L.
per
Iucticiarios
praedictos
,
ad
3.
●
.
6.
●
.
8.
●
:
Et
finis
einsdem
R.
M.
Assessatur
ad
xx
.
●
.
T.
L.
ad
quinque
hbras
,
bona
&
legalis
moneta
Anglia
,
ad
opm
&
vsum
dictae
Dominae
Reginae
.
And
this
is
to
bée
noted
,
that
this
Recorde
was
after
ward
remoued
into
the
Kings
Bench
,
and
that
the
paetie
was
dismissed
there
,
for
want
of
those
worder
in
the
Enditemente
that
you
sée
vnderlined
in
other
letters
in
certaine
partes
of
the
same
.
Of
Triall
vppon
Arraigne
.
went
,
and
there
withall
of
Felonies
.
CAP.
XIIII
.
ARraignemcnte
●
Trauerse
,
doe
not
so
much
differ
in
the
nature
(
or
substaunce
)
of
the
Triall
it selfe
,
as
in
the
fame
.
The
difference
then
standeth
in
this
,
that
commonly
he
(
which
is
to
be
arraigned
)
commeth
in
by
compulson
of
bonde
or
Processe
,
and
is
touched
with
matter
concerning
life
and
death
,
or
some
suche
heynous
offence
,
and
pleadeth
generaliye
Not
Guiltie
to
the
Enditement
.
Commonly
I
saye
,
bycause
althoaghe
hée
come
in
fréeiyc
,
r
bée
endited
of
some
inferiour
offence
,
yet
hée
maye
bée
neuerthelesse
arraigned
:
neyther
is
hée
of
necessitie
driuen
to
pleade
Not
Guiltie
(
whiche
runneth
to
the
facte
)
but
maye
(
if
the
case
wyll
suffer
)
pleade
a
Iustification
02
:
matter
in
Lawe
,
thoughe
it
bée
in
case
of
Felonie
.
It
féemeth
to
haue
horowed
the
name
out
of
the
worde
Arraye
,
whych
is
the
pannell
,
or
Iurie
,
bycause
he
that
is
arraigneo
,
must
bée
tryed
by
them
,
béeing
first
calle
,
sworne
,
and
tryed
,
in
order
for
that
seruice
.
If
I
shoulde
rippe
dand
prosecute
the
whole
learning
that
belongeth
to
arraignement
,
I
shoulde
but
Acum
agere
,
and
yet
not
doe
it
halfc
so
well
as
you
maye
elsewhere
finde
it
:
and
therefore
,
referring
yon
wholifor
that
matter
to
the
learned
labour
of
IusticeStanforde
I
will
onIy
offer
to
consideration
,
a
point
or
twaine
,
whereof
it
speciallye
behoueth
the
Iustices
of
Peace
to
be
aduertised
,
and
then
passs
ouer
to
determining
.
The
firste
thing
ie
,
that
there
be
sunorye
Felonies
,
ano
sme
(
Cnditementes
of
Felonies
,
the
(
which
as
it
séemeth
to
mée
)
Iustices
of
the
Peace
can
not
heare
,
or
trie
at
all
:
the
seconde
,
that
in
the
handling
of
the
verie
Felomes
wherewith
they
maye
deale
,
there
be
yet
certaine
considerations
peculiar
to
the
Iustices
of
the
Peace
only
,
and
not
common
to
them
with
other
Iudges
ouer
Felonies
.
Iustices
of
the
Peace
,
can
not
heare
the
triall
of
the
Felonie
for
vsing
Witchcrafte
,
or
Sorcerie
,
wherby
any
man
is
hurt
in
bodye
or
goodes
:
bycause
it
is
made
Felonie
by
the
Statute
(
5.
Elizabeth
.
cap.
16.
)
after
a
former
conuiction
onely
,
the
power
whereof
is
not
committed
to
the
Iustices
of
Peace
,
and
so
they
can
take
no
knowledge
of
the
Recorde
therof
,
not
being
before
them selues
.
Of
the
same
sorte
is
that
Felonye
for
Forgerie
by
the
Statute
(
5.
Elizabeth
.
cap.
14.
)
after
conuiction
for
a
former
offence
:
and
that
Felonie
(
after
a
former
conuiction
also
)
for
slaunderous
speache
againste
the
Queenes
Maiestie
,
in
offence
of
the
Statute
made
23.
Eliz.
cap.
2.
Neyther
doth
,
the
hearing
and
tryall
of
that
felonie
of
a
seruant
(
taking
the
goods
of
his
maister
(
after
hys
death
)
belong
to
the
Iustices
of
Peacs
in
the
Countrie
,
bycause
they
can
not
take
notice
of
his
defaulte
in
the
Kings
Benche
,
by
whych
default
it
firste
beginneth
to
bée
felonie
,
by
the
Statute
(
33.
H.
6.
ca.
1.
)
The
like
,
thoughe
for
vnlike
reason
,
is
to
bée
sayde
,
of
the
Felonious
embeseling
of
anye
the
Recordes
of
the
Courtes
at
Westminster
,
agaynsre
the
Statute
8.
Henrie
.
6
cap.
12.
And
of
an
Acceslorie
in
one
Countie
,
where
the
Felonie
was
done
in
an
other
Countie
,
vppon
the
Statute
2.
&
.
3.
Edwarde
.
6.
cap.
24.
bycause
the
iurisdiction
ouer
these
Felonies
,
is
not
committed
to
the
Iustices
of
Peace
,
but
remitted
to
other
Iudges
,
by
the
verye
same
Statutes
.
Furthermore
,
they
can
not
make
Triall
of
suche
as
were
endited
of
Felonie
befor
the
Coroners
.
or
,
before
the
Iustices
of
Gaole
deliuerie
,
or
of
Oyer
and
Terminer
,
if
the
same
persons
bée
not
Iustices
of
Peace
also
in
the
same
Shire
,
so
as
the
Enditements
bée
vnderstoode
to
be
taken
before
the
as
before
Iustices
of
the
Peace
,
for
their
Commission
and
auctoritie
ertedeth
only
to
such
as
stande
endited
,
before
themselues
,
or
former
Iustices
of
the
Peace
,
or
the
Shirife
in
his
Turne
.
Thus
farre
of
the
first
point
:
Touching
the
second
,
it
séemeth
,
by
Marr.
(
and
M.
Fitzh
.
Fol.
16.
)
that
albeit
two
Iustices
of
the
Peace
,
(
the
one
of
them
being
of
the
Quarum
)
may
heare
and
try
Felonies
,
yet
no
Iustices
of
the
Peace
haue
auctoritie
to
deliuer
Felons
,
by
proclamation
,
or
without
sufficient
acquital
:
nor
yet
to
deliuer
such
as
bée
in
prison
for
suspition
of
Felonie
:
For
they
must
procéede
by
enquiring
,
hearing
,
&
betermining
,
as
their
Commimission
appoints
them
,
and
not
ridde
the
Gaole
other
Wise
as
the
Iusties
of
Gaole
deliuerie
may
doe
.
Kings
Bench
)
they
may
bée
deliuered
vpon
the
writ
degestu
&
fama
,
as
the
to
olde
order
was
,
or
otherwise
as
the
manner
is
at
this
day
.
These
Iustices
can
take
no
appeale
of
any
appronour
,
nor
other
before
them
,
say
all
the
Iustices
of
the
Common
Peace
.
2.
H.
4.
19.
and
so
is
it
clearly
holden
.
9.
H.
4.
1.
because
their
Commission
stretcheth
not
so
farre
.
Where
vppon
(
hauing
had
no
leysure
to
make
the
searche
)
I
am
induced
to
suspect
that
the
serme
of
those
Commissions
was
in
the
last
Assgnauimus
other
than
these
of
our
time
bée
in
that
point
:
which
(
as
I
haue
sayd
before
)
bée
now
very
large
,
and
do
giue
a
great
shew
to
the
contrary
.
But
howsoeuer
that
bée
,
yet
it
seemeth
no
lesse
reasonable
,
than
seruiceable
,
that
if
one
Felon
will
accuse
an
other
before
them
,
they
may
take
his
confession
&
reprye
him
,
and
therevpon
cause
the
other
to
bée
enqiured
of
,
&
then
proceede
against
him
.
Further
,
they
can
not
arratgne
one
vpon
his
abiuration
sayth
Mar.
It
hath
also
béene
thought
vnméete
,
that
they
should
try
a
Felon
the
same
day
in
which
they
awarded
the
venire
facias
against
the
lurie
.
22.
E.
4.
Fitz.
Tit.
Coro
.
44.
but
that
hath
no
necessitie
,
&
the
law
is
now
otherwise
taken
.
Marrow
sayth
,
that
they
can
not
award
the
writ
,
venire
facias
tot
matron
as
,
to
try
whether
a
woman
(
arraigned
before
them
)
bée
with
child
or
no
:
but
séeing
it
standeth
with
law
and
reason
,
so
staye
hir
for
the
tyme
,
that
the
childe
may
bée
preserued
,
can
not
but
doubt
of
it
.
They
may
giue
Clcargie
to
a
Felon
,
if
the
Ordinarie
,
or
his
Deputie
,
bée
present
to
take
him
:
but
if
they
bée
absent
,
he
must
bée
repried
,
bicause
(
as
Marrow
sayth
)
these
Iustices
can
set
no
fyne
vppon
the
Ordinarie
for
his
absence
,
no
more
than
if
he
will
accept
one
to
reade
as
a
Clarke
,
where
in
truth
he
can
not
.
But
if
you
reade
M..
Stanford
(
lib.
2.
ca.
45.
)
he
will
perswade
you
,
that
the
Ordinarie
is
not
the
Iudge
,
but
a
Minister
in
the
triall
of
Cleargic
and
that
Cleargic
may
lawfully
bée
giuen
&
allowed
in
his
absence
.
Of
the
Fine
for
his
default
at
these
Sessions
I
am
doubtfull
,
as
I
haue
sayd
before
:
but
touching
the
allowance
of
Clcargie
to
the
offendor
,
I
sée
no
cause
at
all
,
why
it
may
not
belong
to
the
Iustices
of
Peace
,
as
well
as
to
other
Iudges
,
séeing
that
they
bée
Iudges
of
the
felonie
,
as
other
Iustices
are
,
&
other
wise
all
men
might
bée
defeated
of
that
priuiledge
.
Marrow
sayth
also
,
that
is
Bygamie
(
that
vngodly
Popish
counterplea
)
had
bene
alleadged
against
one
that
prayed
his
Cleargie
,
the
Iustices
of
Peace
could
not
haue
written
to
the
Ordinarie
to
certifie
the
same
.
But
let
that
passe
,
as
now
not
worth
the
debating
.
And
if
a
man
outlawed
of
Felonie
by
Processe
before
the
Iustices
of
Peace
,
bée
brought
before
them
,
and
do
alleadge
that
he
was
(
at
the
time
of
the
Utlawrie
pronounced
)
out
of
the
Realme
in
the
Queenes
seruice
,
vnder
such
a
Captaine
,
or
that
he
was
then
emprisoned
in
an
other
Countie
,
they
can
neyther
write
to
the
Captaine
,
nor
into
the
Countie
.
by
the
opinion
of
Marrow
.
Which
if
it
bée
so
,
it
shall
bée
good
to
learne
further
,
what
they
ought
to
doe
with
the
prisoner
in
such
a
case
.
Thus
much
onely
,
of
things
restrayning
the
Iustices
of
Peace
in
the
Trial
of
felonies
,
where
in
also
they
are
not
now
adaies
much
occupied
,
the
rather
bicause
they
deferre
it
til
the
comming
of
the
Iustices
of
Assise
by
reason
that
the
Statuts
(
1.
&
2.
Phil.
&
Mar.
ca.
13
:
&
2.
&
3.
Phil.
&
Mar.
ca.
10.
)
doe
enioyne
them
,
to
Certifie
at
the
next
generall
Gaole
deliuerie
,
both
the
examinations
and
bonus
that
they
shal
take
,
concernirg
Felons
and
suspects
brought
before
them
.
This
I
may
adde
(
not
as
a
restreint
,
but
for
an
enlargement
of
the
auctoritie
of
Iustices
of
the
Peace
)
that
if
they
sée
cause
,
and
do
write
to
the
Clarke
of
the
Crowne
of
the
Kings
Benche
,
for
the
names
of
any
persons
being
other
where
attainted
of
Felonie
by
Vtlawrie
,
or
being
Clarkes
conuict
or
attainted
,
he
ought
without
delay
and
vnder
the
paine
of
rl
.
ye.
to
certifie
the
same
vnto
them
,
togither
with
the
causes
of
such
attainder
or
conuiction
.
34.
H.
8.
ca.
14.
Of
Iudgement
.
CAP.
XV.
THe
Iustices
of
Peace
,
hauing
thus
sifted
and
tried
the
causes
in
heauidence
giuen
to
the
Iurie
or
by
the
eramination
of
witnesses
,
or
by
Certificate
allowed
,
or
other
reasonable
and
discréete
proofe
,
are
now
come
to
make
an
ende
,
and
to
determine
of
it
,
For
I
may
wel
apply
that
to
hearing
,
and
determining
,
which
M.
Bracton
requireth
to
the
making
vp
of
a
true
Iudgement
,
that
is
to
say
,
an
equall
and
indisferent
acceptation
of
the
persons
:
an
earnest
examination
and
thorow
searche
of
the
cause
:
a
true
deliuerie
of
the
sentence
:
and
a
diligent
execution
of
the
same
.
Of
these
,
the
two
first
belong
to
Hearing
(
or
Triall
)
which
we
haue
already
handeted
:
and
the
latter
two
bée
the
very
parts
of
determining
,
wher
with
we
haue
now
to
deale
.
For
Iudge
ment
and
Execution
,
doc
make
an
ende
of
the
wbole
cause
,
You
haue
heard
before
,
how
M.
Fitzh
.
collectcth
a
generall
learning
out
of
one
speciall
case
in
the
Commission
,
I
meane
,
that
if
any
difficultie
doc
arise
in
determination
vppon
Tryall
,
the
Iustices
of
Peace
are
restreyned
to
procéede
to
Iudgement
:
and
you
may
reade
(
6.
H.
7
16.
)
that
if
a
Certiorari
bée
brought
to
the
Iustices
of
Peace
,
they
are
stayed
(
by
the
opinion
of
Keble
)
from
determination
,
although
the
Recorde
bée
not
there
by
remoued
from
them
.
But
supposing
that
there
is
none
impediment
,
let
them
procéede
to
Judgement
.
The
Judgements
of
the
Iustices
of
Peace
,
bée
in
some
cases
arbitrarie
(
or
referred
to
discretion
)
and
in
other
some
cases
prescribed
or
limited
Of
the
first
sort
take
this
one
or
two
for
all
.
Iudgements
by
discretion
.
He
that
is
orderly
conuicted
before
them
in
their
generall
Sessions
,
of
the
deceiptfull
getting
of
anye
thing
into
his
handes
by
meanes
of
any
false
token
or
counterfaite
letter
made
in
the
name
of
any
other
,
may
bée
adiudged
by
them
to
suffer
Emprisonment
,
standing
on
the
Pillorie
,
or
anye
other
corporall
payne
that
they
shall
appoynt
,
except
the
paynes
of
deathe
.
33.
H.
8.
cap.
1.
And
that
Seruant
,
Workeman
,
or
Labourer
that
shall
so
wilfuly
and
maliciously
make
assault
or
affray
vppon
his
Maister
or
Mastresse
,
or
other
that
then
shall
haue
charge
ouer
him
,
that
he
shall
deserue
further
punishment
than
the
imprisonment
of
one
whole
yeare
,
may
be
put
to
such
further
open
punishment
(
so
as
it
ertende
not
to
life
nor
limme
)
as
the
Iustices
of
Peace
in
open
Sessions
shall
thinke
conuenient
.
5.
Eliz.
cap.
4.
Their
prescribed
Iudgements
bée
of
sundry
formes
,
according
to
the
seuerall
natures
of
the
offences
(
whereof
they
haue
to
iuuge
)
which
bée
diuers
also
.
For
vpon
Murders
,
and
other
Felonies
,
they
must
pronounce
the
vsuall
Judgement
of
Felonie
:
bpon
such
as
bée
ccnuicted
of
Trespailes
,
Contempts
,
Riots
,
and
such
other
offences
,
wherevpon
no
certaine
for
faiture
is
layed
by
Statutes
,
they
must
adindge
,
that
they
bee
taken
and
raunsomed
,
and
so
to
satisfie
the
Queene
for
their
offences
,
by
making
their
tynes
:
and
vppon
offendours
against
such
penall
lawes
,
as
doe
inflict
any
certayne
payne
,
they
ought
to
adiudge
as
the
Statutes
them
solues
doe
direct
their
course
.
For
,
vpon
conuiction
of
the
first
offence
,
against
the
Statut
of
for
stasling
(
5.
E.
6.
ca.
14.
)
they
must
awarde
imprisonment
for
two
monethes
without
Baile
or
Mainprise
,
and
the
forfaiture
of
the
value
of
the
goods
so
had
:
vpon
the
second
attainder
(
or
conuiction
)
such
imprisonment
for
sir
monethes
,
&
the
double
value
of
the
goods
:
and
vpon
contuition
of
the
thirde
offence
,
they
must
giue
sentence
that
the
offender
bée
set
on
the
pillorie
,
and
to
forfaite
all
his
goods
,
and
further
to
haue
imprisonment
of
his
bodie
during
the
Queenes
pleasure
.
Against
him
that
shall
bring
,
or
procure
to
bée
brought
,
into
any
shippe
,
any
hinde
of
shée
,
being
aliue
,
to
bee
conueyed
out
of
any
the
Queenes
dominions
,
they
ought
(
for
the
first
offence
)
to
adiudge
,
that
he
shall
loose
all
his
goods
to
the
Queene
.
and
suffer
imprisonment
by
the
space
of
one
whole
yeare
without
Baile
or
Mainprise
,
&
that
at
the
years
ende
he
shall
(
in
the
ful
market
of
some
market
towne
)
haue
his
left
hand
striken
off
and
naylco
vppon
the
openest
place
of
such
market
.
El.
ca.
3.
Against
him
,
that
is
conuicted
for
the
vnlawefull
taking
,
or
sleaing
,
of
any
Déere
,
or
for
such
taking
of
any
Dawke
,
or
egges
of
Dawke
(
contrary
to
the
Statute
5.
El.
ca.
21.
)
they
must
adiudge
treble
damages
to
the
partie
grieued
,
three
mone
the
imprisonment
of
the
bodie
of
the
offendour
,
and
(
after
that
expired
)
to
finde
suerties
of
his
good
behauiour
for
seuen
yeares
after
,
or
else
to
remaine
in
prison
vntill
he
shall
finde
suche
suerties
during
those
seuen
yeares
.
Taking
of
Deere
.
or
Hawkes
,
&c.
And
vpon
Certificat
made
at
the
next
quarter
Sessions
of
the
Peace
,
by
two
Iustices
of
the
Peace
(
the
one
of
them
being
of
the
Quarum
)
against
him
that
shall
obstinately
kéepe
an
Alehouse
,
contrarie
to
the
Statute
(
5.
E.
6.
ca.
25.
)
the
Iustices
of
the
Peace
ought
(
in
the
open
Sessions
)
to
assesse
the
fine
of
twentie
shillings
:
the
which
I
do
purposely
rehearse
,
because
they
are
there
warranted
to
Aslesse
the
,
fine
without
processe
first
made
against
the
offendour
,
vnlike
to
the
common
order
of
assessing
fines
,
as
you
shall
sée
when
I
come
to
that
matter
.
It
were
more
laboursome
,
than
profitable
,
to
runne
ouer
the
diuerse
Iudgementes
that
Statues
doc
appoint
,
and
it
may
suffise
in
this
place
to
haue
giuen
this
rast
of
these
few
,
and
therefore
I
will
in
hand
with
Execution
.
Of
the
Processe
for
the
Fine
of
the
Queene
,
and
of
the
assessing
thereof
:
and
of
Estreating
for
the
Queene
.
CAP.
XVI
.
SEeing
that
Execution
is
but
a
performance
of
the
Iudgement
,
I
shall
not
néede
to
make
long
enumeration
of
the
sortes
of
Executions
,
which
are
within
the
power
of
the
Iustices
of
Peace
.
For
besides
that
by
the
knowledge
of
the
one
,
the
other
is
knowen
als
;
o
,
the
Ius
;
tice
of
the
Peace
them
s
;
elues
haue
in
many
cas
;
es
perfourmed
their
dutie
in
both
,
when
they
haue
in
the
one
pronounced
that
which
is
due
to
the
offendour
.
Howbeit
,
for
as
muche
as
that
which
they
are
to
doe
by
way
of
Execution
,
offereth
profite
,
either
to
the
Queene
,
or
to
her
ubiected
:
and
that
which
pertayneth
to
the
Queene
,
is
brought
about
,
eyhter
mediatly
,
first
by
Processe
(
or
Imprisonment
)
for
the
Fine
,
then
by
Assessing
of
the
Fine
,
and
lastlye
,
by
Estreating
the
same
:
or
else
immediatlye
,
by
Estreating
of
the
penaltie
and
forfeyture
:
I
will
first
bestowe
a
fewe
wordes
vppon
the
Fine
and
Estreates
for
the
Queene
,
and
then
speake
of
the
benefite
that
belongeth
to
the
subiect
.
Where
the
Conuictian
is
for
Trespasses
against
the
Peace
,
Riots
,
and
such
other
Contempts
and
offences
,
against
the
Commission
or
statutes
,
for
the
which
no
certayne
Fine
is
appoynated
:
there
(
as
you
haue
séene
alreadie
)
the
iudgement
is
,
That
the
partie
shall
be
taken
to
satisfie
to
the
Queene
her
Fine
.
And
thereupon
,
the
capias
pro
sine
,
and
(
if
the
partie
can
not
be
founde
)
other
Iudiciall
Procsle
goeth
out
,
till
he
be
Vtlawed
:
vnlesse
it
be
in
a
verie
fewe
cases
where
by
the
words
of
the
Statuts
them selves
they
may
proceéede
to
assesse
the
Fine
in
the
presence
of
the
parties
,
without
calling
them
by
any
Processe
:
for
,
so
it
standeth
in
the
Statute
of
Alehouses
.
5.
E.
6.
cap.
25.
:
As
I
tolde
you
euen
now
and
in
the
Statute
of
High
wayes
.
5.
Elizab.
ca.
13.
But
if
the
partie
be
brought
in
,
then
is
he
aprisoner
,
and
then
are
the
Iustices
of
Peace
(
by
their
discretion
)
to
assesse
the
Fine
,
and
so
estreate
it
,
and
deliuer
him
.
For
in
no
case
(
as
J
take
it
)
can
they
of
them selues
leuie
any
Fine
,
or
forfeiture
,
due
to
the
Queene
:
insomuch
as
not
they
,
but
the
Shirife
is
the
accomptant
for
all
such
matters
.
The
imprisonment
that
I
speake
of
,
is
only
to
the
ende
that
the
Prince
may
haue
the
Fine
:
and
therefore
,
vpon
the
payment
thereof
(
or
vpon
pledges
found
by
Recognusance
to
pay
it
)
the
offendour
ought
to
be
deliuered
.
Mar.
Brooke
imprison.
100.
Hereof
also
the
Fine
tooke
first
his
name
,
of
the
Latine
Finis
,
because
it
maketh
an
and
with
the
Prince
,
for
his
imprisonment
for
the
offence
committed
against
his
Law
.
And
in
that
respect
chiefly
,
doth
it
differre
from
an
Amercement
.
For
when
the
offedor
hath
not
so
déepely
trespassed
,
that
therby
he
deserueth
any
bpdly
punishment
at
all
,
as
if
he
be
nonsuit
in
an
action
,
or
do
commit
any
such
like
fault
the
is
sayd
to
fall
into
the
Kings
Mercie
:
because
he
is
therein
mercifully
to
be
dealt
with
:
and
by
the
Great
charter
.
ca.
14.
that
Amercement
and
summe
of
money
which
he
is
to
pay
for
the
same
,
ought
to
be
asseased
and
afféered
by
the
good
and
lawfull
men
of
the
neighbourhoode
,
which
also
Glanuil
lib.
9.
cap.
11.
affirineth
to
haue
bene
the
Law
of
the
lande
long
before
that
time
,
saying
that
Misericordia
Domini
regis
est
,
qua
quis
per
inramentu
legalium
hominum
de
Viceneto
,
eatenus
amerciandus
est
,
ne
aliquid
de
suo
honorabili
contenemento
amittat
.
But
where
the
offence
or
Contempt
falleth
out
to
be
so
great
,
that
it
asketh
the
imprisonment
of
the
bodie
it selfe
,
and
that
during
the
Kings
will
and
pleasure
:
then
is
the
partie
to
redéeme
his
libertie
with
some
portion
of
money
,
as
he
can
best
agrse
with
the
King
or
his
Iustices
for
the
same
,
which
composition
,
is
properly
called
his
Fine
,
or
his
Raunsome
,
&
in
Latine
Redeptio
,
as
may
be
plainly
séene
by
the
Statue
of
Marleb
.
52.
H.
3.
ca.
1.
2.
3.
&
4.
And
by
the
Statute
called
Ragman
,
and
diuerse
other
auncient
Statuts
,
But
of
later
time
the
Iustices
ahue
in
sonie
cases
of
Amercements
also
vsed
to
assesse
and
rate
them selves
without
any
other
helpe
:
As
where
the
Dssicers
of
their
Courts
haue
offended
,
33.
H.
6.
54
:
34
H.
6.
20
:
&
Lo.
5.
E.
4.
5.
which
séemeth
to
make
an
other
difference
betwene
the
two
wordes
.
But
because
neither
of
these
be
strictly
obserued
in
our
common
spéeche
,
nor
yet
in
the
vndersranding
of
the
Statutes
of
later
time
,
I
will
no
longer
stand
vpon
it
.
Nowe
then
,
if
the
offence
be
Fineable
,
by
generall
wordes
onely
,
without
speaking
of
any
Fine
,
or
without
shewing
by
whom
it
shall
be
assessed
(
for
so
it
is
commonly
in
the
elder
Statutes
that
do
prohibite
any
thing
to
be
done
)
there
the
assessement
thereof
belongeth
to
the
Iustices
,
before
whome
the
Conuiction
is
lawfully
had
.
Again
,
if
it
be
Finable
by
these
(
or
such
like
)
wordes
,
at
the
Kings
will
,
or
At
the
Kings
pleasure
(
as
you
shall
find
it
in
many
Statuts
)
then
also
the
same
Iustices
(
before
whom
the
Conuiction
wag
)
shal
assesse
the
Fine
at
their
wills
and
pleasures
:
for
(
say
the
Bookes
.
2.
R.
3.
11
:
&
18.
H.
8.
1.
)
the
King
(
in
all
such
cased
)
bttereth
his
owne
will
and
pleasure
,
by
the
mouthes
of
his
Iustices
.
And
yet
some
Statutes
(
vsing
playner
spéech
)
do
namely
referre
the
Fine
to
the
discretion
of
the
Iustices
of
Peace
.
For
,
they
may
(
after
Conuiction
before
them
)
Fine
(
by
their
discretions
)
such
as
take
Salmons
,
or
destroy
the
Fry
of
Fishe
in
Kiuers
,
against
the
Statutes
.
W.
2.
cap.
47
:
13.
R.
2.
c.
19
:
&
17.
R
2.
c.
9.
And
as
this
is
sayd
of
the
Fine
,
so
sundrie
Statutes
doe
giue
the
same
power
to
the
Iustices
of
Peace
,
in
the
execution
of
the
corporal
punishment
it
selset
as
you
haue
already
heard
in
the
case
of
counfeiters
of
false
letters
or
tokens
,
and
may
reade
in
oter
the
Statutes
at
large
,
For
,
I
labour
to
be
short
,
and
therefore
I
giue
but
an
assay
of
eche
thing
,
knowing
that
these
Iustices
will
not
procéede
to
the
execution
of
any
Statute
without
the
sight
of
the
Statute
it selfe
,
howsoeuer
they
should
finde
it
alleaged
by
me
.
And
in
these
cases
,
(
as
in
cases
of
Amercementes
)
the
Iustices
ought
to
take
héede
that
the
Fines
be
reasonable
and
just
,
hauing
regrade
to
the
quantity
of
the
trespase
,
and
the
causes
for
which
they
be
made
,
as
it
is
commaunaded
by
the
Statute
.
34.
E.
3.
ca.
1.
This
Fine
(
or
peine
)
awarded
by
the
discretion
of
the
Iustices
of
Peace
,
shall
doe
the
more
good
,
both
to
the
Prince
in
profite
,
to
the
people
in
example
,
and
to
the
Iustices
themselues
in
credite
,
if
it
bée
pronounced-at
the
Benche
openly
(
as
it
ought
to
bée
)
and
not
shuffled
vppe
in
a
Chamber
(
or
Corner
)
secretely
,
as
in
some
places
it
hath
béene
bsed
to
bée
.
I
haue
heard
,
that
in
cases
where
the
Statutes
doe
appoynt
a
certayne
forfeiture
,
as
fiue
pounos
or
fenne
poundes
&c.
yet
the
prartise
is
,
to
mitigate
the
same
by
discretion
,
if
so
bée
that
the
partie
will
come
in
,
and
put
himselfe
in
gratiam
Reginae
,
without
playne
confession
of
the
faulte
,
as
I
have
folde
you
before
.
But
this
maner
of
doing
is
(
in
my
mind
)
so
voide
of
saunde
reason
,
that
I
can
not
recommende
it
to
the
Iustices
of
Peace
,
but
doe
rather
condemne
it
as
a
mockerie
of
the
Law
,
and
I
finde
,
that
sundry
Statutes
(
fearing
belikw
some
suche
thing
)
haue
specially
preuented
it
,
comnaunding
that
Iustice
of
the
Peace
shall
assesse
no
lesse
Fine
,
than
is
in
those
Statutes
them selues
before
hande
appointed
.
Such
is
the
Statute
(
17.
E.
4.
cap.
4
)
of
Tiles
:
the
Statute
(
33.
H.
8.
ca.
6.
)
of
Crossebowes
and
hand
Gunnes
:
and
the
Statute
(
5.
E.
6.
ca.
25.
)
concerning
Alcheuses
:
and
such
others
may
be
found
,
if
the
Books
of
Statuts
be
well
perused
.
But
hitherto
we
haue
not
sufficiently
performed
that
,
which
the
Commission
of
the
Peace
hath
in
these
wordes
:
Saluis
nobis
amerciamentis
,
&
ali●s
ad
nos
inde
spectantibus
:
and
therefore
,
it
is
not
enough
to
haue
assessed
the
Fine
,
but
we
must
also
disclose
the
meanes
,
by
which
,
as
well
this
Fine
that
is
reduced
to
certainetie
by
the
discretion
of
the
Iustices
,
as
all
other
Amercementes
&
those
other
penalties
and
forfeitures
that
are
certainly
prefined
by
wordes
of
the
Statutes
,
may
be
leuied
and
brought
into
the
Princes
coffers
.
Order
was
taken
by
an
auncient
Statute
,
intituled
de
Scaccario
,
and
noted
to
be
made
51.
H.
3.
that
all
Iustices
,
Commissioners
,
and
Enquirers
whatsoeuer
,
shoulde
deliuer
into
the
Eschequer
at
the
feast
of
S.
Michael
yerely
,
the
extracts
of
Fines
and
Amerciaments
taxed
and
mafe
before
them
,
that
the
King
might
be
duely
aunswered
thereof
.
and
the
same
(
in
effect
)
was
after
ward
confirmed
by
an
other
Statute
,
intituled
,
De
formamittendi
extreta
ad
Scaccarium
,
which
although
it
be
sayd
to
be
made
15.
E.
2.
Yet
forasmuch
as
it
mentioneth
that
the
former
Statute
was
made
in
the
time
of
the
father
of
that
King
which
made
the
later
,
it
must
néedes
be
,
that
either
the
one
or
the
other
of
them
was
made
in
the
time
of
King
E.
1.
No
doubt
but
this
ordinance
doth
extende
to
the
Iustices
of
Peace
,
as
a
man
may
easily
gather
by
words
in
the
Statute
of
Labourers
5.
Elizab.
ca.
4
:
and
the
act
of
Sewers
.
13.
Elizab.
ca.
9.
and
other
Statutes
.
But
because
it
is
verie
generall
,
and
hath
nothing
peculiar
vnto
them
from
other
Iustices
,
I
will
descende
to
lower
times
,
and
looke
there
for
nearcr
helpes
The
Statute
(
12.
R.
2.
ca.
1
)
had
allowed
to
eucrie
Iustice
of
the
Peace
foure
shillings
by
the
daye
,
for
the
time
of
their
Quarter
Sessions
,
to
bée
payed
(
by
the
handes
of
the
Shirife
)
of
the
Fines
,
and
Amerciamentes
comming
of
the
same
Sessions
.
But
,
because
it
was
soone
after
séene
,
that
it
was
a
great
delay
to
the
Iustices
of
Peace
in
this
paymente
,
to
expecte
the
leaying
of
these
Fines
and
Amerciamentes
by
Estreates
,
first
sent
vppe
,
to
the
Eschequer
,
and
then
deliuered
thence
to
the
Shirife
(
which
was
at
that
time
the
common
manner
of
leuying
Fines
and
Amerciamentes
)
therefore
it
was
within
two
yeares
after
(
videlicet
14.
R.
2.
cap.
11.
)
prouided
,
that
the
Estreates
of
the
Iustices
of
Peace
should
bée
indented
(
or
doubled
)
and
the
one
parte
thereof
deliuered
by
them
to
the
Shirife
,
so
leuie
the
,
money
thereof
rising
,
and
to
pay
the
Iustices
their
wages
by
Indenture
betwene
him
and
them
to
be
made
:
and
the
other
parte
thereof
sent
into
the
Eschcquer
to
charge
the
Shirife
withall
vpon
the
making
of
his
account
there
.
And
hereby
(
as
I
thinke
)
the
Estreates
of
the
Iustices
of
the
Peace
be
no
we
an
immediat
warrant
for
the
Shirife
to
leuie
,
not
only
the
Fines
and
Amerciamentes
,
but
also
all
other
●●●ues
,
Penalties
,
Lesses
,
Forfeitures
,
and
Summes
whatsoeuer
,
arising
before
themL
for
the
wordes
of
the
Statute
are
generall
,
The
money
thereof
arising
and
therfore
whatsoeuer
summes
are
to
be
Escreated
into
the
Eschequer
by
the
one
of
these
doubles
,
the
sme
are
also
to
be
leuied
by
the
Shirife
by
the
other
double
.
Such
order
did
the
Statute
(
3●
.
H.
8.
cap.
10.
of
the
fire
weekes
Sessions
)
take
,
for
the
leuying
as
well
of
Fines
and
Amerciamentes
,
as
of
peines
,
Losses
,
and
Forfextures
of
money
:
So
doth
the
Statute
of
Tillage
(
2.
&
3.
phil.
&
Mar.
cap.
2.
)
by
way
of
admittance
rehearse
,
that
Iustices
of
the
Peace
may
make
out
Processe
for
the
leuying
of
Fines
and
Forfcitures
before
themselues
:
and
so
are
the
Estreates
amde
.
and
the
Fines
and
Forfeitures
thereby
leauied
,
at
this
presente
time
,
if
I
bée
not
dece●ued
.
And
those
are
properly
called
Estreates
,
of
the
woord●
Extractae
,
because
they
bée
shorte
Notes
(
or
Memorialls
)
extracted
(
or
vrawen
)
out
of
the
Recordes
,
by
the
Clarke
of
the
Peace
,
and
by
him
indented
and
deliuered
sunderly
,
to
the
Shirife
,
and
to
the
Barous
of
the
Eschequer
,
bearing
this
(
or
the
like
)
Title
,
Extract
,
finsium
,
&
amerciamentorum
forisfactormum
,
ad
go●ralem
Sessionem
Pacis
,
tentam
apnd
Maidstone
,
&c.
Coram
,
&c.
For
the
whole
forme
of
the
making
wherof
,
there
is
full
Direction
giuen
to
all
Clarkes
of
Estreates
,
by
the
Statute
,
7.
H.
4.
ca.
3.
Where
vnto
I
referre
them
Howbeit
,
I
do
not
thinke
,
that
in
our
case
,
this
dutie
of
Estreating
is
so
peculiar
to
the
Clarke
of
the
Peace
,
but
that
the
Iustices
of
the
Peace
them selues
,
ought
also
to
haue
a
common
and
carefull
eye
vnto
it
:
For
(
if
you
remember
)
it
is
both
specially
prouided
for
in
the
Commission
,
and
also
an
Article
of
their
Dath
,
to
see
vnto
the
faithfull
Entrie
and
Certificat
of
the
Issue
,
Fines
,
Forfeits
,
and
Amerciamentes
,
that
doe
happen
before
them
:
And
therefore
,
it
were
well
done
(
in
mine
opinion
)
if
the
Iustices
would
,
by
turns
(
or
other
wise
)
both
take
knowledge
of
things
that
haue
passed
before
them
,
and
also
take
order
that
the
same
be
certified
accordingly
:
least
other
wise
,
it
lye
altogither
in
the
power
of
the
Clarke
of
the
Peace
,
to
Saue
or
Slay
(
as
one
sayd
)
the
Sparrow
that
he
holdeth
closed
in
his
hand
.
Of
Executorie
Processe
,
&
execution
for
the
parties
that
sue
,
or
for
other
persons
.
CAP.
XVII
.
ALbeit
that
the
Iustices
of
Peace
haue
this
power
,
to
make
warrant
for
leuying
the
Amerciamentes
,
Fines
and
other
forfeits
,
that
doe
growe
vnto
the
Queene
by
their
seruice
:
yet
is
it
commonly
thought
that
they
may
not
,
(
but
in
some
cases
onely
,
and
that
by
speciall
spéech
of
the
Statutes
)
make
execution
(
either
for
him
that
will
sue
,
or
for
any
other
)
of
such
parte
of
the
forfeiture
,
as
the
Law
doth
aford
them
.
For
(
most
commonly
)
the
partie
that
will
sue
,
is
put
to
his
Action
at
the
Common
law
for
recouerie
of
that
which
he
is
to
haue
:
as
,
for
his
moitie
of
a
forfeiture
againste
the
Status
(
24.
H.
8.
ca.
13
)
of
apparell
,
he
is
perhappes
driven
to
his
Action
of
Dstinue
:
for
his
maytie
growing
vppon
conuiction
of
any
offence
,
centrarie
to
the
Statute
(
13.
Elizab.
cap.
14.
)
concerning
bringing
ouer
of
Bowstaues
,
or
contrary
to
the
statute
of
Musters
(
4.
&
5.
Phil.
&
Mar.
ca.
3.
)
he
is
to
commence
his
Action
(
or
Bill
)
of
Debt
:
and
so
of
sundry
others
,
that
are
ech
where
to
be
foúd
.
Doubtlesse
,
by
speciall
prouision
made
in
the
Statute
(
5.
E.
6.
ca.
14.
)
against
Forestalle
is
the
Iustices
of
the
Peace
may
make
execration
of
the
one
moitie
of
the
forfeiture
for
ht
in
that
sueth
,
by
fieri
facias
,
or
capias
,
as
the
Q
ueenes
Iustices
at
Westminster
vse
to
dec
.
The
like
power
in
like
words
,
haue
they
,
for
leuying
the
moitie
of
any
forfeture
against
the
Statute
of
Armour
,
made
4.
&
5.
Phil.
&
Mar.
ca.
2
or
against
the
Statute
(
made
5.
Elizab.
cap.
12.
)
concerning
Badgers
,
Drouers
&c.
and
their
licences
.
For
the
moitie
,
growing
to
the
Informour
vpon
the
Statute
of
Liueries
(
8.
E.
4.
cap.
2.
)
they
shall
make
suche
execution
,
as
ought
to
be
had
in
Kccourries
of
Der
or
Trespaile
,
at
his
owne
pleasure
.
They
may
also
awarde
execution
for
the
partie
that
sueth
,
vpon
the
Statute
of
Flaxe
and
Hemp
(
24.
H.
8.
ca.
4.
)
by
such
Processe
as
to
them
shall
seeme
by
their
discretion
.
And
the
Estreates
(
made
by
the
Clarke
of
the
Peace
)
of
forfaits
for
defaultes
of
amending
Highways
,
area
safficient
warrant
to
the
Constables
to
leuie
the
same
by
Distresse
to
the
vse
of
the
Churchwardeins
of
the
Parish
where
the
Default
was
,
towardes
the
amendment
of
the
said
wayes
.
2.
&
3.
Phi.
&
Mar.
ca.
8
:
&
5.
Elizab.
ca.
13.
Ann
like
wise
,
the
Estreates
of
the
Iustices
of
Peace
(
of
any
Fines
,
assessed
by
them
vpon
Presentmentes
in
the
shnifesTurne
)
being
inrolled
,
indented
,
&
deltuered
to
the
Shinfe
.
are
a
good
warrant
vnto
him
to
leuy
the
same
to
the
vse
of
him
that
was
shirite
at
the
time
of
such
Presentmentes
taken
.
1.
E.
4.
ca.
2.
Searche
may
aforde
you
some
moe
eramples
,
but
thrse
may
suffise
for
my
desire
,
which
is
not
(
in
this
,
or
any
other
)
to
recount
all
,
but
to
make
some
proofe
of
that
which
I
offer
and
propose
.
Of
Certifying
Recordes
of
the
Sessions
of
the
Peace
,
to
other
Courtes
,
or
Officers
,
CAP.
XVIII
.
AS
we
haue
alreadie
manifested
,
that
Iustices
of
the
Peace
haue
not
a
sufficient
and
thorowe
powur
of
them selues
to
heare
and
determine
all
causes
whereof
they
haue
in
their
Sessions
auctoritie
to
enquire
:
So
also
be
there
sundry
things
determinable
before
them
there
,
which
neuerthelesse
may
(
in
some
respectes
)
be
brought
to
a
seconde
handling
:
either
to
the
ende
to
reuerse
that
which
they
haue
done
,
or
that
their
doings
may
be
an
euidence
and
testimonie
in
the
triall
of
causes
before
other
Iudges
.
And
because
this
can
not
in
any
sorte
be
perfourmed
,
Without
the
presence
of
those
former
Recordes
(
or
the
transcripts
thereof
)
which
due
remayne
with
the
Iustices
of
the
Peace
,
it
is
therefore
requisite
,
that
they
we
make
Certificat
of
them
vnto
those
other
Courtes
,
or
officers
,
that
shall
be
interessed
to
vse
the
same
.
But
as
this
Certificat
ought
in
some
cases
to
bée
made
by
the
Iustices
of
the
Peace
,
or
their
Clarke
,
without
any
writ
of
Certierari
therefore
directed
,
and
in
some
other
cased
they
may
spare
to
Certifie
vntill
that
Writte
or
some
other
commaundement
bée
brought
vnto
them
:
So
also
sometimes
they
are
to
certifie
and
send
up
onely
a
Tenor
(
or
Transcript
)
of
the
Recorde
before
them
,
and
sometimes
the
verie
Recorde
it selfe
must
be
conueyed
from
them
.
The
Clarke
of
the
Peace
must
vnder
the
paine
of
rl
.
●
.
certifie
into
the
Kings
Benche
a
true
transcript
of
euery
Attainder
,
Vtlawrie
,
and
Conuiction
(
had
before
Iustices
of
the
Peace
in
any
place
,
except
Wales
,
Chester
,
Lancaster
,
and
Durham
)
within
40.
dayes
after
,
if
it
bée
then
Terme
,
&
if
not
,
then
within
20
,
dayes
after
the
beginning
of
the
next
Terme
that
the
same
may
there
also
appeare
of
Record
to
be
used
as
that
Statute
hath
appointed
if
there
bée
cause
:
and
he
must
also
Deliuer
to
the
Ordinarie
a
Transcript
of
Clarkes
conuicted
or
attainted
before
the
sayd
Iustices
.
34.
H.
8.
c.
14.
El.
ca.
7.
And
if
a
principal
bee
attainted
of
murder
or
felonie
in
one
Countie
,
wher
vnto
an
other
is
accessorie
in
an
other
Countie
,
then
vpon
writing
from
the
Iustices
of
Gaole
deliueric
,
or
Oier
and
Terminer
,
to
the
Custos
Rotulorum
,
where
such
principall
is
attainted
,
he
must
certifie
in
writing
under
his
Scale
to
the
said
Iustices
,
Whether
such
principall
be
attainted
,
or
other
wise
discharged
,
or
not
,
that
they
may
procéeds
there
upon
to
the
trial
of
the
Acceslorie
.
2.
E.
6.
ca.
24.
But
in
cases
where
Iustices
of
the
Peace
haue
power
to
receyue
Enditements
,
and
no
power
to
procéede
any
further
vppon
them
,
(
whereof
you
haue
alreadye
the
eramples
,
in
the
seuenth
Chapter
of
thts
seconds
Booke
)
there
they
ought
to
sunde
vppe
and
certifie
the
Enditements
them
felues
,
and
that
of
duetie
(
as
I
thinke
)
without
any
Certtorari
commaunding
the
same
:
bicause
,
hauing
none
auctoritie
to
heare
and
trye
the
offences
,
the
Recordes
thereof
shall
bée
vnprofitable
before
them
,
and
therefore
they
can
haue
no
iust
cause
to
reteine
them
:
and
yet
(
for
the
more
suertie
)
it
is
specially
commaunded
by
5.
El.
ca.
1.
that
they
(
shall
certifie
the
presentmentes
of
some
offences
against
that
Statute
.
And
so
,
if
a
man
(
bound
to
kéepe
the
Peace
doe
make
default
of
apparance
at
the
next
Quarter
Sessions
,
the
Recognulance
it selfe
(
togither
with
the
Recorde
of
that
default
)
must
be
certified
into
the
Chauncerie
,
Kings
Benche
,
or
Excheaquer
,
that
execution
3.
Henri
7.
cap.
1.
and
so
ought
it
(
as
I
thinke
)
if
it
bée
presented
that
the
partis
hath
for
fayted
his
Recognusance
by
breache
of
the
peace
:
And
likewise
,
if
it
bee
presented
before
them
,
that
the
chattels
of
a
man
attainted
of
felonie
,
bée
in
the
handes
of
an
other
.
For
,
in
these
,
and
such
other
cases
,
where
they
can
not
of
them selues
proccede
,
they
ought
to
sande
the
Recordes
to
such
as
haue
auctozitie
to
determine
vppon
them
,
and
otherwise
they
doc
not
discharge
that
duetie
,
which
the
words
Saluis
,
&c.
&
alys
ad
nos
inde
spectantibus
,
in
the
Commission
doc
séeme
to
expecte
at
their
handes
.
Furthermore
,
the
Statute
of
Purueyours
(
2.
&
3.
Phil.
&
Mar.
cap.
6.
)
doth
appoynt
the
Iustices
of
the
Peace
,
to
certifie
to
the
Treasorer
of
the
Queenes
housholde
,
the
Dockets
of
Purueiours
(
brought
to
their
Sessions
by
Constables
)
that
the
seruing
of
such
Commissions
,
and
the
true
aunswearing
of
purueyances
,
may
bée
the
better
eramined
thereby
:
and
although
it
may
bée
doubted
,
whether
these
bée
Recordes
,
or
no
,
yet
for
that
they
are
to
bée
certified
from
the
Sessions
of
the
Peace
,
I
sticke
not
to
afoard
them
this
place
.
And
if
you
will
also
repute
in
this
number
,
the
Licences
(
and
such
other
ates
of
that
kinde
)
which
passe
at
the
Sessions
of
the
Peace
,
I
will
not
bée
against
it
.
Louching
the
Certiorari
,
if
it
be
made
accordingly
,
the
is
of
force
to
remoue
not
only
Enditements
or
other
executorie
Recordes
,
wherein
the
Iustices
of
Peace
can
goe
no
further
,
(
and
whereof
I
haue
spoken
already
)
but
also
the
Recordes
of
caused
,
fully
and
lawfully
heard
and
determined
by
them
,
to
the
ende
that
they
may
bée
reuersed
and
adnulled
in
the
Kinges
Benche
,
if
good
matter
and
cause
due
so
require
.
For
that
preheminence
hath
the
Kinges
Benche
as
you
may
see
by
Proofe
,
yea
,
all
other
the
higher
Courtes
,
may
write
to
the
Iustices
of
Peace
,
to
certifie
their
Recordes
,
that
doe
make
for
the
Triall
of
causes
hanging
in
them
,
as
you
may
reade
19.
H.
6.
19.
where
they
of
the
Commune
Place
,
did
send
to
the
Iustices
of
Peace
for
an
Enditeiment
,
bicause
in
a
writte
of
Conspiracie
,
(
brought
before
them
)
it
was
materiall
to
haue
it
.
And
yet
,
neither
they
of
the
Commune
Place
,
nor
Kinges
Benche
,
do
use
to
write
for
Enditements
,
or
such
other
Recordes
,
unlesse
they
bée
there
vnto
enduced
by
a
cause
hanging
in
their
owne
Courtes
before
them
,
For
,
otherwise
the
right
way
to
remoue
them
,
is
by
Certiorari
out
of
the
Chauncerie
,
from
whence
they
may
bée
transferred
(
by
Mittimus
)
to
any
other
Court
.
41.
lib.
Ass.
Pl.
22.
Knyuet
Chiefe
Iustice
.
Howbeit
,
a
man
may
gather
vpon
the
Booke
(
1.
R.
3.
4.
)
that
if
any
Recorde
bée
sent
up
without
warrant
to
such
a
higher
Court
,
they
may
there
procéede
vpon
it
,
bicause
it
is
a
Recorde
in
that
Court
,
and
that
Court
is
the
Court
of
the
Quéene
,
aswellas
the
other
.
Of
the
genrrall
,
(
or
Quarter
)
Sessions
,
of
the
Peace
.
CAP.
XIX
.
WE
haue
hitherto
laboured
,
and
at
the
lengthe
runne
ouer
,
sundry
thing
,
which
(
in
the
opinion
of
some
men
)
bée
commune
to
all
Sessions
of
the
yeare
:
And
yet
,
becuse
there
bée
also
certayne
thinges
(
as
it
séemeth
to
mée
)
appropriated
,
some
to
any
,
and
others
to
some
one
,
of
the
generall
Sessions
,
it
remayneth
that
we
nowe
distinguishe
the
Sessions
of
the
Peace
,
and
enter
into
consideration
what
is
a
generall
,
and
what
a
speciall
Session
.
The
generall
Sessions
of
the
Peace
bée
those
,
which
are
prouided
for
the
generall
execution
of
the
auctoritie
of
the
Iustices
of
Peace
,
whether
you
respect
the
limits
of
the
place
within
their
Commission
or
the
boundes
sof
power
procéeding
from
the
Commission
and
Statutes
.
M.
Fitzh
.
)
generally
all
things
ought
to
bée
giuen
in
Charge
that
doe
lye
within
the
auctoritie
of
these
Iustices
to
bée
determined
.
These
bée
moreouer
called
the
Quarter
Sessions
,
bicause
they
bée
holden
Quarterly
,
or
foure
times
in
the
yeare
:
and
the
statute
(
4.
H.
7.
ca.
12.
)
tearmed
them
principall
Sessions
,
for
that
in
them
chiefly
,
the
power
of
Iustices
of
the
Peace
doth
shine
and
shewe
it selfe
:
in
which
respect
,
some
other
Statuts
doe
giue
them
the
name
of
open
Sessions
also
.
But
we
shall
not
not
néede
to
dwell
vpon
the
names
,
whereof
there
can
bée
no
great
controuersie
,
séeing
that
they
all
doe
ayme
at
one
marke
:
rather
,
bicause
these
generall
Sessions
bée
at
this
day
diuersly
summoned
,
begonne
,
and
continued
,
in
diuers
partes
of
the
Realme
,
it
lyeth
fitly
in
my
way
,
to
make
examination
of
that
diuersitie
in
this
doing
.
For
(
to
beginne
with
the
Summons
)
the
manner
is
(
in
some
Shires
)
to
summon
yearly
fix
standing
Sessions
of
the
Peace
,
in
others
8.
in
others
12.
or
16.
&
in
others
otherwise
.
And
therefore
,
such
as
doe
maintaine
6.
or
8.
Sessions
doe
vse
to
Summon
all
the
whole
Shire
to
a
couple
of
them
,
and
to
the
residue
they
call
onely
such
;
partes
of
the
Shire
,
as
they
doe
therefore
specially
appoint
:
But
yet
so
,
that
(
vpon
the
reckoning
)
eache
corner
of
the
Country
giueth
attendance
at
foure
seuerall
Sessions
:
which
also
falleth
out
accordingly
in
those
Shires
where
they
haue
●2
.
or
16.
Sessions
for
albeit
that
they
do
not
at
any
one
time
summone
the
whole
Shire
to
any
one
place
(
as
the
others
do
)
yet
,
diuiding
their
Shire
into
3.
or
4.
partes
,
and
kéeping
foure
seuerall
Sessions
ineache
of
those
partes
,
they
also
(
as
well
as
the
other
)
doe
serue
their
whole
countrie
with
foure
sundrye
Sittings
.
And
therefore
(
in
myne
opinion
)
although
none
of
these
doe
followe
the
precise
letter
of
the
lawe
,
which
requireth
but
onely
foure
qnarter
Sessions
in
any
Shire
,
yet
euery
of
them
draweth
neare
to
the
true
meaning
of
the
law
,
which
looketh
for
nothing
els
but
that
the
Courte
of
these
Sessions
shoulde
yearely
bée
foure
tymes
opened
for
the
whole
Countie
.
But
if
there
bée
any
,
that
doe
(
for
this
purpose
)
diuide
their
Shire
into
halfes
,
and
doe
holde
onely
foure
Sessions
in
the
yeare
,
that
is
to
say
,
two
in
the
one
part
,
and
two
in
the
other
,
calling
the
one
halfe
of
their
Hundreds
to
those
two
Sessions
at
the
one
place
,
and
the
other
halfe
to
the
other
two
Sessions
holden
at
the
other
place
.
These
men
(
as
some
haue
thought
,
)
do
neither
reteine
the
letter
,
nor
attaine
the
meaning
of
the
lawe
,
in
this
their
doing
.
For
,
vpon
the
matter
,
no
part
of
their
Shire
hath
any
moe
than
two
Sessions
,
which
manner
,
who
séeth
not
how
much
it
may
hinder
Iustice
?
And
although
that
they
will
peraduenture
séeke
to
salue
it
,
in
saying
,
that
they
doe
call
the
Constales
of
the
whole
Shire
to
euerye
of
those
Sessions
:
yet
they
can
not
so
escape
:
for
,
both
reason
it selfe
,
and
their
owne
experience
herein
,
doeth
informe
them
,
that
it
is
likelie
,
they
shall
haue
moe
presentmets
,
where
moe
persons
(
that
can
present
of
their
own
knowledge
)
be
assembled
,
and
do
take
the
charge
vpon
them
.
Besids
all
which
,
these
men
do
not
bring
ease
,
but
trauel
and
delaie
to
their
countriemen
,
whom
by
this
meane
they
compell
,
either
to
go
far
,
out
of
one
part
into
another
,
to
haue
a
fault
punished
,
or
else
to
tarrie
for
help
til
a
Session
shal
be
kept
in
the
part
where
they
dwel
.
Neither
may
I
well
omitte
,
that
this
doing
may
bréede
danger
to
the
Iustices
themselues
,
whilest
any
of
them
(
hauing
taken
a
Recognusaunce
of
a
Tippler
)
doth
not
Certifie
it
vntil
the
Sessions
happen
to
be
in
hys
owne
part
,
and
in
the
meane
season
,
the
nexte
Session
of
the
Peace
within
the
thire
chaunceth
to
be
holden
in
the
other
part
:
whereof
what
may
follow
,
the
Statute
(
5.
E.
6.
ca.
25.
)
wil
tel
you
,
and
teach
them
.
And
like
faulte
is
it
,
though
not
like
forfeite
,
so
to
receiue
a
Recognusaunce
taken
for
the
Peace
,
as
you
may
sée
by
the
Statute
.
3.
H.
7.
ca.
1.
Thus
much
of
the
summonas
(
or
number
)
of
these
Quarter
Sessions
:
The
Statute
25.
E.
3.
ca.
8
ordained
thus
:
Item
that
the
saide
Iustices
make
their
Sessions
in
all
the
Counties
of
Englande
,
at
the
least
,
foure
times
in
the
yeare
,
viz.
At
-
The
Annuntiation
of
our
Lady
:
-
Sainct
Margaret
:
-
Sainct
Michael
:
and
-
Sainct
Nicholas
.
The
Statute
36.
E.
3.
ca.
12.
saith
,
That
the
Commission
of
the
Peace
shall
make
mention
that
the
Session
shal
be
holden
thus
:
-
Within
the
vta
of
the
Epiphanie
:
-
Within
the
second
wéeke
of
Lent
:
-
Betwéene
Pentecost
and
Midsomer
:
-
Within
the
vtas
of
Sainct
Michael
.
The
Statute
12.
R.
2.
ca.
10.
doeth
after
warde
set
the
matter
at
libertie
,
saying
,
They
shall
holde
their
Session
in
euerie
quarter
of
the
yeare
at
the
least
:
But
they
of
Midlesex
bée
excepted
by
14.
H.
6.
ca.
4.
Lastly
the
Statute
2
H.
5.
ca.
4.
doth
reduce
the
times
to
certaintie
againe
,
saying
thus
:
Ouer
all
the
Realme
,
the
Sessions
shall
bee
,
In
the
first
wéeke
after
-
Sainct
Michael
,
-
The
Epiphanie
,
-
The
clause
of
Easter
,
-
The
translation
of
Sainct
Thomas
the
Martyre
.
The
first
of
these
foure
Statutes
,
doeth
(
in
shewe
,
and
in
commune
opinion
)
concerne
Sessions
of
the
Iustices
of
Peace
,
but
in
trueth
it
belongeth
not
at
all
vnto
them
,
for
it
was
made
to
direct
the
Iustices
of
Labourers
in
the
times
of
holding
theyr
Sessions
and
they
were
not
Commissioners
of
the
Peace
,
but
speciall
Iustices
for
the
causes
of
Labourers
alone
,
not
resiaunt
in
the
Country
,
but
sent
downe
for
the
time
of
that
seruice
,
as
it
may
expressely
appeare
,
not
onelye
by
the
preamble
and
all
the
partes
of
the
saide
Statute
it selfe
,
but
also
by
the
Statutes
28.
Edward
.
3.
cap.
5
:
31.
Edward
.
3.
cap.
6
:
&
.
34.
Edward
.
3.
cap.
11.
during
all
whiche
time
also
,
the
Wardeins
of
the
Peace
wese
neither
called
Iustices
by
anye
Statute
,
nor
auctorized
to
deale
with
Labourers
.
For
in
34.
Edward
.
3.
cap.
1.
they
are
called
Wardeins
,
and
the
firste
name
of
Iustices
of
the
Peace
by
anye
Statute
(
that
I
haue
séene
)
is
founde
36.
Edward
.
3.
cap.
12.
before
mentioned
,
where
it
is
sayde
thus
,
In
the
Commissions
of
Iustices
of
the
Peace
,
and
of
Labourers
,
expresse
mention
shall
bee
made
,
that
they
shall
holde
theyr
Sessions
&c.
as
before
.
And
as
for
the
auctoritie
ouer
Labourers
,
that
was
first
appointed
to
Iustices
of
the
Pcace
by
the
Statute
42.
Edward
.
3.
cap.
6
in
the
fourth
Chapter
of
whych
sayde
Statute
,
there
were
certaine
Commissions
distiked
(
of
whiche
I
beléeue
that
of
the
Iustices
of
Labourers
was
one
)
and
order
taken
,
that
from
thecefoorth
some
of
the
Iustices
of
the
one
Bench
or
other
,
or
Iustices
of
Assise
,
or
Iustices
of
the
Peace
with
other
of
the
most
worthy
of
the
Countrie
should
be
named
in
all
Commissions
of
Enquirie
.
So
that
we
haue
not
so
doe
with
the
Statute
25
Edward
.
3.
cap.
8.
and
may
therefore
procéede
to
examine
the
rest
.
The
next
is
,
the
Statute
36.
Edward
.
3.
ca.
12.
But
neythere
that
maketh
anye
Laws
for
holding
the
Sessions
of
the
Peace
at
thys
day
,
as
well
bycause
it
was
fet
at
large
by
12
R.
2.
ca.
10.
as
also
(
if
it
were
not
)
bycause
the
Commissions
of
our
time
,
use
no
suche
mention
as
it
commaundeth
.
Then
came
wée
to
2.
Henri
.
5.
cap.
4.
which
restrayneth
the
libertie
of
12.
Richard
.
2.
cap.
10.
and
reduceth
the
times
of
these
Scssions
to
certaintie
againet
:
and
yet
so
,
that
the
one
of
these
Statutes
doeth
not
frette
the
other
,
for
the
latter
is
an
exosition
of
the
former
,
so
that
it
is
all
one
as
if
they
both
had
bene
but
one
Lawe
,
and
shoulde
haue
said
,
That
the
Iustices
of
Peace
thall
holde
their
Sessions
in
euerie
quarter
of
the
yeare
at
the
leaste
,
namely
in
the
firste
weeke
after
Sainct
Michaell
,
in
the
firste
weeke
after
the
Epiphanic
.
&c.
Nowe
,
to
proue
that
the
Quarter
Sessions
of
the
Peace
were
holden
after
the
prescript
of
this
Statute
(
2.
H.
5.
cap.
4.
)
vntyll
the
time
of
the
Statute
,
5.
Eli.
ca.
4.
these
bée
my
warrants
.
First
,
M
Marrow
saith
plainly
,
that
in
his
dayes
the
Quarter
Sessions
were
so
holden
.
Secondly
,
for
as
muche
as
there
can
bée
no
higher
auctoritie
of
exposition
then
to
construe
one
Statute
by
an
other
,
I
will
shewe
you
some
Statutes
also
that
haue
accounted
of
these
Sessions
to
be
holden
accordingly
.
At
the
Generall
Sessions
after
the
feast
of
Sainct
Michaell
,
the
Custos
Rotulorum
,
or
(
in
his
absence
)
the
eldest
of
the
Quor●
oughte
to
appointe
two
Iustices
of
the
Peace
for
the
oversigt
and
controlement
of
the
Shintes
,
and
their
Clarkes
&c
,
by
the
Statute
11.
H
7.
cap.
15.
And
at
the
generall
Sessions
holden
at
Michaelmas
,
the
Iustices
of
Peace
ought
to
appopynte
Searchers
for
Brasse
and
●ewter
:
by
the
Statutes
.
19.
Henri
.
7.
cap.
6
:
&
.
4.
Henri
.
8.
cap.
7.
where
the
worde
(
At
)
muste
of
necessitie
beée
vnderstoode
for
(
After
)
whether
you
will
take
it
according
to
the
sayde
Statute
2.
Henri
.
5.
cap.
4.
whyche
sayeth
plainely
(
After
)
or
according
to
36
Edward
3.
cap.
12.
whiche
sayeth
Within
the
Vias
of
Saincte
Michaell
,
séeyng
that
the
Vias
(
as
eueric
man
knoweth
)
is
atwayes
after
the
feast
,
and
not
beefore
it
.
But
(
to
proue
two
at
once
)
whereas
the
Statute
27.
H.
8.
ca.
5.
had
taken
order
for
Iustices
of
the
peace
to
be
made
in
Cheshire
,
and
certain
other
shires
,
and
had
willed
that
they
should
be
sworn
to
the
keeping
of
their
Sessions
of
the
peace
&c.
as
other
Iustices
of
the
Peace
in
other
the
Counties
of
Englande
were
,
it
fell
out
,
that
the
Gentlemen
and
fréeholders
of
the
Countrie
of
cheshire
were
much
troubled
by
attending
yearely
,
both
at
the
saide
4.
quarter
Sessions
,
and
also
at
8
or
9.
Countie
Courts
which
they
had
besides
&
thervpon
it
was
prouided
(
by
another
statute
32.
H.
8.
ca.
42.
)
the
the
administration
of
Iustice
(
before
time
used
in
the
said
)
Countie
Courtes
)
should
from
thencefoorth
be
done
&
executed
at
two
times
in
the
yere
only
,
the
is
to
say
,
at
the
Sessions
next
after
the
feast
of
S.
Michael
,
&
at
the
Sessions
next
after
Easter
yerely
for
euer
.
I
might
adde
,
that
the
quarter
Sessions
in
the
wéeke
next
after
the
Claute
of
Easter
,
was
tyed
to
the
Twesday
of
that
wéeke
,
by
the
Statute
33.
H.
S.
c.
10.
And
the
it
was
not
without
some
graue
consideration
,
that
the
Statute
2.
H.
5.
ca.
4
did
commaunde
the
Sessions
of
the
Peace
to
be
holden
ouer
all
Englande
,
in
one
and
the
selfsame
weeke
:
But
I
think
it
clearely
ynoughe
proued
,
that
hitherto
these
Quarter
Sessions
ought
to
bée
directed
by
that
Statute
:
and
therfore
I
will
descend
to
the
Statute
5.
El.
ca.
4.
and
weigh
the
time
in
which
they
ought
to
be
holden
at
this
verie
day
.
The
words
of
that
Statute
be
these
:
As
much
of
all
the
Statutes
heretofore
made
,
&
euerie
braunche
of
them
,
as
touche
or
concerne
the
hyring
,
keeping
,
departing
,
worKing
,
wages
,
or
order
of
Seruantes
,
Workemen
,
Aruficers
,
Apprentices
,
or
Labourers
,
or
anye
of
them
,
and
the
penalties
and
forfaitures
concerning
the
same
,
shal
be
repealed
&
vtterly
voide
&
of
none
effect
:
And
that
all
the
saide
Statutes
,
and
e●crie
braunche
thereof
,
for
anie
matter
contained
in
them
,
and
not
repealed
by
this
Statute
,
shall
remaine
and
bee
in
ful
force
and
effect
,
anye
thing
in
this
Statute
to
the
contrarie
notwithstanding
.
Vpon
this
Statute
some
haue
thought
,
the
the
said
Statute
,
2.
H.
5.
ca.
4.
is
repealed
concerning
the
braunche
of
the
Sessions
:
And
others
do
thinke
the
contrarie
:
and
therefore
let
vs
holde
the
beame
,
and
put
in
balance
their
resons
on
either
side
.
They
of
the
one
side
doe
alleage
,
that
this
braunche
of
the
Sessions
lyeth
in
the
midst
Of
that
Statute
(
2.
Henrie
.
5.
)
whiche
was
made
for
Labourers
,
and
that
it
was
mente
only
of
Sessions
to
be
holden
for
the
order
of
Labourers
,
and
so
is
within
the
wordes
of
repeale
.
And
they
saye
also
,
that
it
will
fall
out
vnseasonablie
,
to
holdte
the
Sessions
(
especiallye
that
after
Michaelmas
)
according
to
this
Statute
,
bycause
the
same
happeneth
verie
neare
to
that
tearme
of
Sainct
Michael
,
whereat
the
presence
of
manye
is
no
lesse
requ●site
,
than
at
the
Sessioans
of
the
peac●
.
They
,
on
the
other
side
,
doe
gather
vppon
the
said
words
of
5.
El.
cap.
4.
that
some
parts
of
the
Statutes
of
Labourers
must
néeds
remaine
in
force
,
notwithstanding
those
words
of
repeale
:
for
otherwise
(
say
they
)
the
maKers
of
5.
E1
.
mighte
(
with
lesse
laboure
of
speach
)
have
repealed
them
al
at
once
.
And
threrefore
they
say
,
that
two
Statutes
of
Labourers
,
(
viz.
12.
R.
2.
cap.
3
:
and
23.
H.
6.
cap.
13.
)
bée
yet
inforre
,
for
so
much
of
them
as
both
)
concerne
Victuallers
:
and
like
wise
,
that
so
much
of
this
Statute
2.
H.
5.
4.
as
doth
concerne
the
resiancie
of
those
Iustices
of
the
Peace
whiche
be
named
of
the
Quorum
and
the
holding
of
the
Quarter
Sessions
,
is
vnrepealed
also
:
for
that
that
they
concerne
not
the
hyring
,
kéeping
,
&c
,
or
order
of
seruants
,
&c.
(
whych
mighte
bée
done
wythout
the
Setsions
of
the
Peace
)
but
the
general
seruice
of
the
Commission
and
Statutes
that
doe
aucthorize
the
Iustices
of
Peacewhereof
also
these
Scssions
be
called
the
Sessions
of
the
Peace
.
And
it
is
not
newe
(
in
their
opinions
)
to
finde
a
generall
ordinaunce
in
a
particular
Statute
:
as
in
the
Statute
38.
H.
8.
ca.
39.
made
specially
for
the
erection
of
the
Courte
of
Surueyours
,
there
is
a
generall
Laws
,
that
all
Dhligations
concerning
the
Kings
commoditie
.
shall
be
made
to
himself
by
the
words
Domino
regi
,
,
&c.
Neither
was
there
euer
(
saye
they
)
anye
Duarter
Sessions
holden
(
onely
for
the
causes
of
Labourers
)
by
the
lastices
of
Peace
,
althoughe
the
petite
Sessions
of
Consta●les
were
chiefly
bent
to
that
feruice
.
And
that
the
saide
Statute
2.
H.
5.
didde
meane
the
verie
Sessions
of
the
Peace
,
&
no
other
,
they
offer
to
proue
by
the
auctoritie
of
those
selfe
same
Statutes
,
which
bée
alleadged
already
for
the
holding
of
the
Quarter
Sessions
,
vntil
the
time
of
this
Act
of
Queene
Elizabeth
,
for
that
they
haue
heretofore
so
construed
and
taken
the
Statute
.
But
to
make
the
proofe
full
,
they
adde
,
that
euen
this
same
Statute
of
repeale
.
5.
El.
cap.
4.
both
in
a
certaine
place
there
of
speake
of
the
Quarter
Sessions
to
be
holden
after
Easter
,
which
cannot
be
vnoderffoode
of
any
other
of
thosse
Statutes
cocerning
the
Sessions
.
but
onelie
of
2.
H.
5.
cap.
4.
because
the
reste
(
that
haue
certaintie
)
do
appoint
that
Session
,
eyther
at
the
Annuntiation
of
the
Lent
And
like
wise
,
that
the
Statutes
8.
Eli.
cap.
9.
concerning
the
prices
of
vesselles
,
of
●ope
,
Ale
and
Béere
:
and
14.
Elizab.
cap.
5
:
and
18.
Elizab.
cap.
3.
concerning
poore
people
and
vagabonds
,
haue
mention
of
the
Quarter
Sessions
,
to
bée
holden
next
after
Easter
.
Which
Statutes
,
as
they
make
not
in
this
point
,
any
new
Lawe
,
but
bée
grounded
vpon
former
Lawe
,
supposed
to
be
in
force
:
So
allowing
of
any
one
of
these
soure
Sessions
,
they
doe
therein
giue
allowance
of
all
the
other
thrée
also
.
As
for
answeare
to
the
obiection
of
the
nearenesse
of
the
Michaelmasse
Sessions
to
the
Michaelmasse
Terme
,
they
say
,
that
this
was
foreséene
to
the
makers
of
that
Statute
2.
H.
5.
who
do
therein
dispense
with
,
the
absence
of
the
Iustices
of
the
Benches
at
Westminst.
the
Barons
of
the
Escheaquer
,
&c.
And
yet
,
to
the
end
,
that
they
also
might
once
in
the
yere
be
present
at
a
Session
of
the
Peace
for
the
better
direction
of
that
seruice
,
the
Statute
33.
H.
8.
ca.
10.
did
specially
appoint
,
that
the
Easter
Sessions
shoulde
bée
holden
yerely
vpon
the
Tewsday
nexte
after
Low
Sonday
,
in
euerie
Shire
of
the
Kealme
.
Now
,
if
it
shal
séeme
to
any
man
a
strange
thing
that
I
moue
question
of
the
tyme
of
holding
these
Sessions
:
I
lette
him
knowe
,
first●
that
it
is
one
of
the
Articles
of
the
Oath
ministred
to
the
Iustices
of
Peace
,
that
they
shall
holde
their
Sessions
after
the
forme
of
Statutes
thereof
made
.
Secondly
,
that
the
articles
of
many
Statutes
,
are
inquirable
,
as
it
séemeth
to
me
,
onely
at
the
Quarter
Sessions
:
because
they
are
not
in
the
Commission
at
all
,
and
the
Statutes
them selves
doe
appoint
of
none
other
Inquiry
,
but
at
the
Quarter
Sessions
:
and
then
if
the
Iustices
of
Peace
do
not
hold
their
Quarter
Sessions
according
to
the
times
appointed
by
Lawe
,
they
be
no
Quarter
,
but
Speciall
Sessions
,
and
consequently
,
such
Statutes
shall
eyther
not
be
enquired
of
at
all
,
or
else
enquired
of
without
Warrant
,
both
whych
be
verie
greate
inconueniences
.
So
that
this
matter
(
if
it
be
not
rightly
conceiued
)
tendeth
both
to
the
hurt
of
the
conscience
,
and
to
the
hindrance
of
this
seruice
.
Touching
the
continuance
of
these
quarter
Sesions
,
I
haue
shortelye
but
this
one
thing
to
say
,
that
almost
two
hundred
yeres
agoe
,
it
was
ordained
by
statute
(
12.
R.
2.
cap.
10.
)
that
they
shoulde
bee
continued
three
dayes
togither
(
if
neede
were
)
vppon
paine
of
punishment
:
And
yet
in
these
days
of
ours
,
wherein
the
affaires
of
the
Sessions
be
excéedingly
encreased
(
and
consequently
,
more
néede
to
continue
them
now
than
beefore
)
many
doe
scantly
affoorde
them
thrée
whole
houres
,
besides
that
time
whyche
is
spent
in
giving
of
the
charge
.
But
it
is
more
than
time
,
that
I
descende
to
some
of
those
Statutes
,
whych
do
specially
relie
vppon
the
Quarter
Sessions
,
&
therefore
I
will
firste
beginne
with
such
as
haue
refeence
indifferently
to
any
of
them
.
The
Iustices
of
Peace
maye
in
their
open
Quarter
Sessions
,
enquire
of
,
heare
,
and
determine
,
all
offences
(
excepte
treason
,
and
misprision
of
treason
)
committed
againste
the
Acte
made
(
23.
El.
ca.
1.
)
for
reteyning
the
Queenes
subiects
in
their
due
obedience
.
They
may
also
in
their
open
Quarter
Sessions
,
enquire
of
such
as
do
extoll
the
vsurped
auctoritie
of
the
sea
of
Rome
,
againste
the
Statute
5.
Eli.
ca.
1
:
And
the
Clarke
of
the
Peace
must
reade
that
Acte
at
euerie
of
the
Quarter
Sessions
.
And
they
may
in
their
generall
(
or
Quarter
)
Sessions
,
enquire
of
seditious
wordes
,
and
rumours
vttered
againste
the
Queenes
Maiestie
.
23.
E.
cap.
2.
All
the
Articles
,
mentioned
in
the
Statute
(
33.
H.
8.
cap.
10.
)
shall
be
enquired
of
,
reformed
by
the
Iustices
of
Peace
in
theyr
auntient
Quarter
Sessions
.
37.
H.
8.
cap.
7.
They
may
in
their
generall
Sessions
determine
of
the
offences
of
killing
and
selling
Wainlings
vnder
two
yeares
age
,
24.
H.
8.
cap.
6
:
&
13.
Eli.
cap.
25
:
and
of
the
offences
of
not
kéeping
Mylch
Kine
and
Calues
,
2.
&
3.
Phillip
.
&
Mar.
cap.
3
:
&
13.
Elizab.
cap.
25.
The
Enquirie
,
Hearing
,
and
Determination
of
Forestallings
,
ingrossings
,
and
Regratings
,
maye
bée
at
the
Quarter
Sessions
.
5.
E.
6.
cap.
14.
The
Enquirie
,
whether
Ale-house
kéepers
haue
forfeited
theyr
Recognusances
,
ought
to
bée
at
the
Quarter
Sessions
5.
E.
6.
cap.
25.
The
Fine
for
vnlawfull
Huntyng
by
night
,
or
wyth
painted
faces
,
shall
bée
sette
at
the
nexte
generall
Sessions
,
1.
H.
7.
cap.
7.
Iustices
of
the
Peace
maye
in
sheyr
Quarter
Sessions
heare
and
determine
offences
againste
the
Statute
of
Armour
,
4.
&
5.
Phil.
&
Mar.
cap.
2.
and
may
there
enquire
of
,
heare
,
and
determine
the
offences
of
putting
to
pasture
anye
stoned
Horses
,
&c.
vnder
the
heighth
appointed
by
the
Statute
32.
H.
8.
cap.
13
:
And
maye
there
also
,
enquire
of
conueying
Horses
into
Scotlande
.
23.
H.
8.
cap.
16
:
1.
E.
6.
cap.
5
:
&
1.
Elzab
.
cap.
8.
They
maye
at
their
like
Sessions
,
enquire
of
,
and
determine
te
offences
of
not
amending
the
highwayes
2.
&
3.
Phil.
&
Mar.
cap.
8
:
5.
Elizab.
cap.
13
:
&
18.
Elizabeth
.
cap.
9.
In
their
Quarter
and
generall
Sessions
,
they
ought
to
enquire
of
,
heare
,
and
determine
the
offences
of
not
kéeping
continuall
housholdes
vppon
the
Precinctes
of
the
late
Monasteries
27.
H.
8.
cap.
5
:
5.
Elizab.
ca.
2
:
&
14.
Elizab.
ca.
11.
And
in
their
Quarter
Sessions
,
they
may
heare
and
determine
the
offences
of
Informers
18.
Elizab.
cap.
5
:
And
at
the
like
Sessions
they
may
doe
the
like
for
offendors
in
Periurie
,
5.
Eliz.
ca.
9.
Suche
as
bée
suspected
of
vsing
counterfaite
Tokens
,
or
Letters
,
maye
bée
called
by
Processe
to
the
nexte
generall
Sessions
,
and
muste
bée
comuicted
there
.
8.
cap.
1.
Iustices
of
the
Peace
maye
in
theyr
open
Quarter
Sessions
,
call
beefore
them
the
owner
of
a
Wood
,
and
twelve
of
the
Commoners
there
,
for
setting
out
the
fourth
parte
therof
.
35.
H.
8.
cap.
17
:
&
13.
Elizab.
cap.
25.
The
proofe
of
the
sufficientie
or
insufciencie
of
the
cause
,
for
whiche
the
Maister
may
put
away
his
seruaunt
,
or
te
seruaunt
may
depart
from
his
Maister
,
before
the
end
of
the
terme
,
shall
be
made
at
the
Quarter
Sessions
,
5.
Elizab.
cap.
4.
The
licences
for
Badgers
,
Drouers
,
&c.
areto
be
granted
in
the
open
Quarter
Sessions
,
5.
Eliz.
cap.
12.
and
the
prohibition
of
transporting
Corne
,
is
to
be
made
by
the
more
part
of
the
Iustices
of
Peace
at
their
Quarter
Sessions
.
13.
Eli.
ca.
13.
The
licences
that
the
poore
of
surcharged
Cities
,
or
Lownes
,
may
begge
,
are
to
bée
given
at
the
generall
Sessions
:
and
he
that
is
grieued
with
any
taxation
made
vppon
him
for
the
pore
,
may
be
eased
there
:
and
the
taxation
for
the
reliese
of
the
prisoners
in
Gaoles
,
ought
to
be
made
there
also
.
El.
cap.
5.
The
assigment
of
such
as
shall
kéepe
any
Lauerne
to
vtter
Wine
,
ought
by
the
Statute
(
7.
E.
6.
cap.
5.
)
to
be
made
at
the
general
Sessions
.
A
Beggers
child
may
at
the
generall
Sessions
,
be
bounde
to
serve
any
subiect
of
this
Realure
,
being
of
honest
calling
,
14.
Eli.
ca.
5
:
&
18.
El.
cap.
3.
The
Dockets
of
Purueyours
ought
to
be
deliuered
ouer
to
the
Iustices
of
Peace
at
the
next
generall
Sessions
,
2.
&
3.
Phil.
&
Ma.
cap.
6.
The
Acte
of
rebellious
assemblies
(
or
the
effecte
thereof
)
ought
to
be
openly
read
at
ewerie
Quarter
Session
,
1.
Mar.
Parl.
1.
ca.
12
:
&
1.
Elizab.
cap.
17.
And
enquire
,
whether
the
Proclamation
(
set
foorth
4.
H.
7.
cap.
12.
)
bée
not
yet
to
be
read
at
euery
Quarter
Session
also
:
for
some
doe
thinke
,
that
it
was
to
endure
for
the
time
of
that
King
onelie
.
These
,
and
some
others
(
which
I
omitte
)
haue
reference
(
as
you
sée
)
to
any
of
the
same
generall
Sessions
:
for
so
many
of
the
which
,
as
bée
inquirable
(
and
ought
therefore
to
bée
giuen
in
charge
)
I
maye
séeme
,
eyther
to
haue
committed
a
Tautologie
in
reporting
the
twice
,
or
(
which
is
worse
)
to
have
written
a
Repugnancie
,
in
that
I
did
firste
deliuer
them
as
common
to
all
Sessions
of
the
Peace
,
and
doe
nowe
here
restraine
them
as
proper
to
the
generall
.
And
therefore
,
I
hane
in
this
parte
laboured
,
both
to
satisfie
their
opinion
in
the
one
,
and
to
serue
mine
owne
phantasie
in
the
other
.
But
nowe
also
,
let
looke
out
some
such
things
,
as
bée
lefte
onelie
to
the
Easter
or
Michaelmsse
Sessions
.
The
prices
of
vesselles
,
for
Sope
,
Ale
,
and
Baere
,
shall
bée
set
,
and
proclaimed
by
the
Iustices
of
Peace
at
their
Quarter
Sessions
after
Easter
.
3.
Elizab.
cap.
9.
The
wages
of
Seruants
and
Labourers
,
are
to
bée
rated
by
the
Iustices
of
Peace
at
their
Easter
Sessions
or
wythin
sixe
wéeks
after
Easter
.
5.
Elizab.
cap.
4.
And
they
maste
yearely
in
the
same
Sessions
examine
the
perfourmaunce
,
or
not
perfourmaunce
of
the
Statute
,
made
for
the
poore
.
Elizab.
cap.
5.
They
must
also
in
the
same
generall
Sessions
yearely
take
order
for
the
prouision
of
storkes
and
store
,
for
the
fetting
of
youth
,
and
ydle
persons
on
worke
:
and
ought
then
also
to
appoint
houses
of
correction
for
such
as
will
not
worke
18.
Elizab.
cap.
3.
At
the
Quarter
Sessions
to
be
holden
after
Michaelmasse
the
Iustices
of
Peace
are
to
appoint
Searchers
for
Brasse
and
Pewter
19.
H.
7.
cap.
6
:
&
4
H.
8.
cap.
7.
And
at
generall
Sessions
after
Michaelmasse
two
Iustices
of
the
Peace
oughte
to
be
appointed
by
the
Custos
Rotulorum
,
or
(
in
his
absence
)
by
the
eldest
of
the
Quorum
,
for
the
ouerfight
and
controllment
of
the
Shirifes
Bookes
,
&c.
11.
H.
7.
cap.
15.
Of
the
speciall
Sessions
of
the
Peace
.
CAP.
XX.
The
speciall
Sessions
of
the
Peace
,
vo
varie
from
the
general
,
in
this
chieflye
,
that
they
bée
holden
at
other
times
,
when
it
shall
please
the
Iustices
themselues
,
or
any
two
of
them
(
the
one
being
of
the
Quorum
to
appoint
them
.
And
this
power
they
haue
,
not
only
by
the
Commission
,
where
it
saith
,
Adcertos
dies
,
&
loca
,
quos
vos
,
seu
aliqus
vestrum
,
ad
hoc
prouideritis
&c.
but
also
by
the
Statute
2.
H.
5.
cap.
4.
which
alloweth
them
to
doe
it
More
often
(
than
the
4.
times
)
if
neede
doe
so
require
.
They
be
also
(
for
the
moste
parte
)
summoned
for
some
specill
busnesse
,
and
not
directd
to
the
generall
seruice
of
the
Commission
:
And
yet
,
there
is
no
doubt
,
but
that
all
the
Articles
within
the
Commission
of
the
Peace
,
are
bothe
inquirable
&
determinable
,
at
any
speciall
Session
of
the
Peace
.
M.
Fitzh
.
(
as
I
haue
alreadie
noted
)
vseth
a
third
difference
betwéene
the
generall
and
speciall
Sessions
of
the
of
the
Peace
,
affirming
,
the
whereas
at
the
general
Sessions
,
the
Iostices
of
Peace
ought
of
duty
to
giue
in
charge
,
al
matters
(
within
the
Commission
,
or
Statutes
)
that
are
to
be
determined
)
before
the
:
yet
neuerthelesse
at
the
speciall
Sessions
,
they
are
at
libertie
to
giue
charge
,
eyther
all
,
or
any
of
them
,
as
it
shall
séeme
good
vnto
tyemselues
.
I
will
not
gainesay
,
but
that
the
Iustices
of
Peace
,
may
at
any
speciall
Session
of
the
Peace
,
giue
in
charge
all
suche
Statutes
as
doe
giue
vnto
them
a
generall
power
of
enquirie
,
(
without
vsing
mention
of
any
Session
)
as
doth
the
Statute
25.
H.
8.
cap.
13.
of
Shcepe
:
yea
,
I
will
graunt
,
that
they
may
also
at
their
speciall
Sessions
of
the
Peace
,
giue
in
charge
to
enquire
vpon
all
suche
other
Statutes
,
as
do
vse
the
worde
Sessions
indifferently
wythout
adding
Generall
,
or
Speciall
:
of
which
sort
there
bée
a
great
many
as
5.
E.
6.
cap.
4.
of
fighting
in
Churche
,
or
Churchyard
:
14.
H.
8.
cap
11
:
&
19.
H.
7.
cap.
11.
of
Hunting
:
Elizab.
cap.
13
:
of
linnen
cloth
2.
&
3.
Phil.
&
Mar.
ca.
7
:
of
Faires
and
Markets
:
5.
H.
4.
cap.
3
:
of
Seawatch
:
and
7.
E.
6.
cap.
5.
of
Wines
:
and
sundry
others
.
But
whether
they
may
there
also
enquire
of
such
other
statutes
as
do
only
assigne
the
enquirie
to
be
made
at
the
Quarter
S.
ssions
,
you
haue
heard
my
minde
,
and
read
my
reasons
in
the
laste
Chapter
.
Nowsoeuer
it
bée
,
there
might
bée
great
vse
of
the
special
Sessions
of
the
Peace
,
if
they
were
nowe
and
then
holden
(
betwéene
the
Quarter
Sessions
)
to
deliuer
the
Gaoles
of
vntuly
seruants
,
sturdie
vagabonds
,
ydle
poore
folks
,
petite
théeues
,
and
some
others
.
Forraine
Realmes
and
Countries
doe
reape
the
fruite
of
spéedie
Iustice
;
and
if
our
Gaoles
in
Englande
were
more
often
swepte
&
emptied
,
I
doubt
not
,
but
that
wée
also
shoulde
finde
a
sensible
profite
to
arise
by
it
.
Peraduenture
some
man
will
say
,
that
by
this
meane
we
shall
drawe
vppon
vs
againe
,
the
same
inconuenience
of
troubling
the
Countrie
that
happend
by
the
sixe
wée
Sessions
,
which
were
therefore
abrogated
by
the
Statute
.
37.
H.
8.
cap.
7.
But
that
is
not
to
be
feared
:
for
,
whereas
those
Sessions
were
to
bée
holden
in
everie
limite
of
the
Shire
,
these
may
bée
kept
onelie
where
the
Gaole
standeth
:
the
whyche
,
since
it
is
commonly
scituate
in
a
populas
Towne
,
shall
bée
easily
able
to
furnishe
thys
seruice
wythout
calling
any
other
vnto
it
.
Of
the
Rewardes
and
Punishments
,
due
to
Iustices
of
the
Peace
,
in
respect
of
their
Sessions
.
CAP.
XXI
.
WEl
and
euil
doing
,
do
from
the
firste
to
the
laste
deserue
reward
and
punishment
:
and
therefore
,
as
we
closed
vppe
the
first
parte
of
this
Treatise
wyth
them
:
So
also
shall
this
latter
Booke
receiue
the
same
ende
and
conclusion
.
Whilest
it
was
at
the
liberty
of
the
Iustices
of
Peace
,
to
holde
their
Quarter
Sessions
as
shorte
time
as
they
woulde
,
the
Lawe
did
not
allowe
them
anye
Wages
for
theyr
paines
.
(
12.
R.
2.
cap.
10.
)
had
bounde
them
(
vnder
paine
of
punishement
)
to
continue
their
Sessions
thrée
dayes
together
,
if
the
affaires
of
their
office
did
so
require
:
the
the
same
Statute
thought
it
méet
also
to
allow
to
euerie
of
them
foure
shillings
by
the
daye
for
the
time
of
theyr
Session
,
to
be
payed
by
the
hands
of
the
Shirife
,
out
of
the
Fines
and
Amerciaments
rising
of
the
same
Sessions
.
And
that
the
Lords
of
Franchies
,
shoulde
bée
contributories
to
those
Wages
,
after
the
proportion
of
their
parties
of
the
sayde
Fines
and
Amerciaments
.
But
,
because
it
was
verye
Dilatorie
for
the
Iustices
of
Peace
,
to
take
those
Wages
,
at
the
handes
of
the
Shirife
(
as
I
haue
alreadie
touched
)
vppon
the
Estreate
sente
out
of
the
Escheaquer
and
for
that
also
it
grewe
in
question
,
whether
such
Lordes
,
as
were
named
in
the
Commissions
of
the
Peace
,
shoulde
bée
partakers
of
the
same
Wages
:
the
Statute
(
14.
Ric.
2.
cap.
11.
)
did
plainely
prouide
,
that
the
Wages
of
these
Iustices
shoulde
bée
leuied
and
payed
by
the
Shirife
,
vpon
Estreates
doubled
and
indented
betwene
the
Shirife
and
them
:
And
that
no
Ducke
,
Earle
,
Baron
,
or
Baronet
(
albeit
they
were
Iustices
of
the
Peace
,
&
did
holde
their
Sessions
with
the
other
eight
Iustices
)
should
take
anye
Wages
for
their
Office
in
this
behalfe
.
And
hereof
also
M.
Marr.
collecteth
,
the
howsoeuer
many
Commissioners
of
the
Peace
there
shal
be
assembled
at
these
Sessions
,
yet
only
eight
of
them
shall
receiue
the
wages
,
bycause
(
saith
he
)
that
at
such
time
as
these
wages
were
first
appointed
,
the
law
did
take
knowledge
and
make
allowance
of
eight
Iustices
,
and
no
more
.
And
he
also
maketh
it
doubtfull
,
whether
it
lie
not
in
the
power
of
the
Barons
of
the
Escheaquer
,
to
appoint
which
eight
(
when
moe
be
assembled
at
the
Sessions
)
shall
haue
the
wages
paide
them
.
For
the
first
point
,
it
would
be
some
what
harde
indéed
,
to
straine
that
Statute
so
far
,
as
to
giue
wages
therbyto
so
many
Iustices
as
be
nowe
at
these
dayes
in
euerie
Shire
,
and
would
be
present
at
the
Sessions
.
Yet
the
Statute
of
Labourers
.
5.
El.
ca.
4.
the
willeth
the
Iustices
of
Peace
in
euerie
shi●e
to
deuide
them selues
,
and
to
kéepe
two
special
sittings
yerely
for
the
execution
of
that
Law
,
alloweth
to
as
many
of
them
as
shall
giue
their
attedance
flue
shillings
a
day
for
thrée
dayes
togither
.
But
concerning
the
latter
,
it
séemeth
by
the
late
Statute
it self
,
that
the
Shirife
shal
first
paie
the
wages
,
and
the
the
Barons
shal
make
the
allowance
,
according
to
the
Indenture
.
So
that
I
sée
no
libertie
of
such
nomination
left
vnto
them
.
I
confesse
,
that
it
might
bréede
,
bothe
offence
against
the
Shirife
,
&
iealousie
among
the
Iustices
themselues
,
to
haue
one
of
them
preferred
before
an
other
in
this
payment
:
&
therefore
I
thinke
it
wisely
done
(
as
it
is
vsed
)
to
bestow
the
whole
allowance
vppon
the
defraying
of
their
Commune
diet
.
If
the
Fines
and
Amercements
of
the
same
Sessions
(
sayeth
M.
Marr.
)
will
not
fullie
amount
to
the
sum
of
the
wages
then
due
to
the
Iustices
,
yet
shal
the
wages
be
ratably
paid
out
of
them
,
so
farre
as
they
will
extende
.
Furthermore
those
two
Iustices
of
the
peace
,
the
do
in
their
Sessions
cal
before
the
,
and
person
suspected
to
offed
the
Statute
of
Deerhayes
,
Buckstals
,
&
Stalking
&
do
examine
him
thervpon
&
finde
him
faulty
therin
,
shal
haue
the
tenth
part
of
the
forfeiture
growing
therby
.
19.
H.
7.
ca.
11.
Nitherto
of
Reward
,
hencefoorth
of
punishment
.
Iustices
(
2.
R.
3.
10.
)
the
if
a
Iustice
of
the
Peace
do
any
thing
of
Recorde
ignorantly
,
&
for
want
of
knowledge
,
that
he
shal
not
be
punished
for
it
.
And
this
opinion
of
theirs
is
not
new
in
this
Realm
,
although
it
be
otherwise
truely
said
,
Imperitta
quoque
culpae
adnumeratur
:
for
you
amy
reade
in
the
old
lawes
,
of
King
Edgar
(
cap.
3.
)
and
of
King
Canute
(
cap.
14.
)
that
if
a
Iudge
had
erred
in
his
office
,
he
mighte
then
haue
excused
himselfe
,
by
oath
,
That
he
did
it
not
of
euil
minde
,
and
that
he
knewe
not
how
to
do
better
:
which
I
speake
not
,
to
comfort
men
in
carelesse
ignoraunce
,
but
to
shew
you
that
me
may
erre
,
and
that
erring
by
infirmity
they
are
not
altogither
vnworthie
of
pardon
:
and
withall
to
let
the
Iustices
of
Peace
sée
,
that
it
may
be
a
fault
to
erre
by
ignorance
,
and
that
therfore
they
ought
to
stay
where
they
méet
with
non
liquet
,
as
their
owne
Commission
doth
direct
them
.
Now
,
on
the
other
side
,
if
a
Iustice
of
the
Peace
will
craftilye
embesill
an
Enditemet
,
or
wilfully
raze
any
part
therof
,
or
malitiously
enroll
(
or
file
)
the
for
an
Enditement
which
was
neuer
found
by
the
Iurie
.
Then
by
the
resolution
of
al
the
Iustices
,
assembled
before
the
King
in
the
Starre
Chamber
(
2.
R.
3
)
a
Commission
may
go
out
to
enquire
(
by
the
oathes
of
12.
men
)
of
such
his
misdemeanor
,
and
if
he
bée
conuicted
therof
,
he
deserueth
to
loose
his
office
,
&
to
make
fine
to
the
Queene
according
to
the
quantitie
of
his
misprision
&
offece
.
ibid.
Fo.
10.
And
euen
so
may
he
be
punished
(
as
this
booke
leadeth
me
to
thinke
)
if
he
alter
an
Enditement
of
Trespas
,
into
an
Enditement
of
felonie
,
howsoeuer
the
opinion
(
27.
lib.
Asl
P
1.
18
)
be
foound
against
it
.
A
Iustice
of
the
Peace
may
also
be
endited
of
the
vnlawful
taking
of
mony
for
doing
his
office
,
or
of
such
other
falsitie
.
Fitz.
Nat.
Br.
243.
And
if
he
cause
a
man
to
be
endited
at
the
Sessions
,
by
former
conspiracie
,
or
indirect
practise
,
he
is
punishable
for
it
as
a
priuate
man
.
21.
E.
4.
67.
But
if
in
the
handling
of
a
cause
at
the
open
Sessions
,
it
happen
him
to
speake
against
an
offendor
somewhat
excessiuely
,
yet
he
shal
not
be
punished
for
it
:
Iuris
enim
executio
non
habet
iniuriam
:
Neuerthelesse
,
Iudges
oughte
not
to
abuse
their
tongs
by
inteperance
,
but
they
must
rather
take
great
héede
(
as
Cicero
,
pro
Font
saide
,
Quibus
verbis
vtantur
,
ne
quid
minus
moder
atè
prositum
,
ne
quid
ab
aliqua
cupidstate
prolap
sum
verbum
esse
videatur
.
Thus
farre
of
punishmets
by
the
commune
Law
,
now
to
those
by
Statutes
.
If
the
Iustices
of
Peace
,
hauving
taken
a
Recognusance
for
an
Alehouse
,
do
not
certifie
it
at
the
nexte
quarter
Sessions
of
the
Peace
,
they
shal
loose
fiue
markes
.
5.
E.
6.
ca.
25.
That
next
Iustice
of
the
Peace
,
which
doth
not
certifie
at
the
next
general
Sessions
of
the
Peace
such
presentmets
as
the
ouerséers
of
the
Highwayes
haue
before
presented
vnto
him
,
shall
loose
v.
●●
.
for
euerie
default
.
2
&
.
3.
Phil.
&
Mar.
ca.
8
:
&
5.
El.
ca.
13.
If
any
Iustice
of
Peace
(
not
being
sicke
,
nor
hauing
other
lawful
excuse
,
to
be
testified
vnder
the
Oach
of
one
assessed
in
the
Subsidie
booke
at
v.
●●
.
&c.
)
do
not
assemble
at
the
Easter
Sessions
to
rate
the
wages
of
seruants
,
&c.
he
shal
loose
x.
●●
.
to
the
Queene
.
5.
El:
ca.
4.
El.
ca.
3.
The
Iustice
of
The
Peace
which
faileth
to
recorde
at
the
next
quarter
Sessions
,
the
name
of
any
person
(
auctorized
to
shoote
in
a
Gun
)
the
hath
preseted
his
name
vnto
him
,
shal
loose
xx
.
●
.
2.
E.
6.
ca.
14.
And
if
the
Proclamation
,
annexed
to
the
Statute
4.
H.
7.
ought
now
to
be
read
,
then
if
it
be
not
read
at
each
quarter
Sessions
,
euerie
Iustice
of
the
Peace
there
present
shall
loose
xx
.
●
.
4.
H.
7.
ca.
12
If
the
Iustices
of
the
Peace
,
before
whom
any
presentmet
shal
be
made
at
their
quarter
Sessions
against
any
person
for
extolling
the
auctoritie
of
the
see
of
Rome
,
do
not
certifie
the
same
into
the
Kings
Bench
within
40.
days
after
,
if
the
Tearme
be
then
open
,
and
if
not
,
then
at
the
first
day
of
the
nextful
Tearme
,
they
shal
euerie
of
them
loose
E.
●●
for
euerie
default
.
5.
El.
ca.
1.
And
those
Iustices
of
the
Peace
,
which
do
not
certifie
into
the
Escheaquer
,
their
examinations
taken
concerning
the
entring
of
plaintes
by
the
Shirifes
,
shall
loose
xl
.
●
11.
H.
7.
ca.
15.
The
Epilogve
.
Thus
haue
I
(
by
the
fauor
of
God
)
brought
this
treatise
to
an
end
:
wherin
if
many
things
haue
escaped
me
vnséene
,
I
doe
not
greatlye
marueile
,
when
I
looke
backe
and
behold
the
varietie
&
multitude
of
the
matter
that
I
haue
passed
thorough
:
and
it
shall
not
be
harde
for
him
that
méeteth
with
such
Estrayes
,
to
take
and
lodge
them
in
their
right
Titles
here
.
Againe
,
if
I
shal
be
thought
to
haue
heaped
vp
too
many
conceites
(
borowed
out
of
M.
Marrowes
reading
)
I
make
aunsweare
,
that
I
haue
omitted
many
,
and
haue
made
the
best
choice
that
I
could
:
If
furthermore
,
I
shal
séeme
to
those
that
be
maisters
in
Arte
&
Methode
,
motto
have
throughly
obserued
their
rules
,
and
speciallye
that
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
bycause
I
do
manye
times
mingle
aliena
,
things
not
preciselye
pertayning
to
my
matter
in
hand
,
To
them
I
say
,
that
it
is
the
receiued
manner
of
teaching
in
out
law
,
To
shew
things
by
their
contra●ies
and
disterents
:
and
séeing
that
great
lighte
commeth
to
the
matter
thereby
,
I
may
neyther
condemne
it
as
vnapt
,
nor
reiect
it
as
vnseruiceable
.
Moreoure
,
if
I
haue
bene
deceiued
in
laying
downe
ouerboldely
mine
own
opinion
,
I
wil
no
lesse
gladlye
be
admonished
of
it
,
than
readily
reforme
my
mistakenings
:
Finally
,
whasoeuer
other
thing
is
done
amisse
,
I
protest
that
it
hath
escaped
of
vnskill
,
and
not
procéeded
of
wilfulness
,
and
therfore
I
desire
that
I
may
be
allowed
the
benefite
of
the
pardon
,
which
(
as
I
tolde
you
euen
now
)
is
in
like
case
grauntable
to
a
Iustice
of
the
Peace
.
Finis
.